Summer 2010 Sports Law Syllabus

May 18, 2010

CHAPTER 1. CONTRACTS

Section 1: Contract Formation

  1. Introduction
  2. Offer and Acceptance
    LOS ANGELES RAMS FOOTBALL CLUB v. CANNON
  3. Role of the Commissioner
  4. The Commissioner's Power to Discipline
  5. Interpretation of Sports Contracts
  6. Note on The Plain Meaning Rule
    TOLLEFSON v. GREEN BAY PACKERS, INC.

May 20, 2010

Section 2: Power of Termination in Professional Sports Contracts: Rights of Franchises and Participants

  1. The Right of Sports Franchises to Terminate Player Contracts
  2. Injured Players
    TILLMAN v. NEW ORLEANS SAINTS FOOTBALL CLUB
  3. Questions and Notes on Sports Franchise Termination of Player Contracts
    HOUSTON OILERS, INC. v. FLOYD
  4. The Right of Players to Terminate Their Contract
  5. AMERICAN AND NATIONAL LEAGUES OF PROFESSIONAL BASEBALL CLUBS v. MAJOR LEAGUE PLAYER ASS'N Notes on "Catfish" Hunter Case
    ALABAMA FOOTBALL INC. v. GREENWOOD
  6. Notes on Players' Rights to Terminate Their Contracts
  7. Bonus Money
    ALABAMA FOOTBALL, INC. v. STABLER
  8. No-Cut Contracts

Section 3: Remedies for Breach of Contract

  1. Introduction
  2. Nature of the Remedy
  3. "It's Not Over Till the Fat Lady Sings"
  4. PHILADELPHIA BALL CLUB, LTD. v. LAJOIE
    BOSTON CELTICS L.P. v. SHAW

May 25, 2010

CHAPTER 2. TORT LIABILITY FOR INJURIES ARISING OUT OF PARTICIPATION IN SPORTS EVENTS

Section 1: Participant's Liability For Intentional Torts

  1. Introduction
  2. Assault and Battery
    Restatement (Second) of Torts §§ 18, 21
    GRIGGAS v. CLAUSON
    MANNING v. GRIMSLEY
  3. Defenses to Intentional Torts
    Restatement (Second) of Torts § 63
    Restatement (Second) Torts § 65
    McADAMS v. WINDHAM

Section 2: Negligence and Recklessness

  1. A. Negligence
    BOURQUE v. DUPLECHIN
    NABOZNY v. BARNHILL
    OSWALD v. TOWNSHIP HIGH SCHOOL DISTRICT NO. 214
  2. B. Recklessness
    HACKBART v. CINCINNATI BENGALS, INC. (1977)
    HACKBART v. CINCINNATI BENGALS, INC. (1978)

May 27, 2010

CHAPTER 3. ANTITRUST LAW

Section 1: The Baseball Anomaly

FEDERAL BASEBALL CLUB OF BALTIMORE, INC. v. NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS

Note on Baseball's Exemption from the Antitrust Laws: Federal Baseball and its Progeny
FLOOD v. KUHN

Section 2: General Considerations

NCAA v. BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA

Section 3: Player Restraints

MACKEY v. NATIONAL FOOTBALL LEAGUE

Section 4: Player Discipline

  1. Introduction
    MOLINAS v. NATIONAL BASKETBALL ASSOCIATION
    BLALOCK v. LADIES PROFESSIONAL GOLF ASSOCIATION

June 1, 2010
No Class

June 3, 2010

Section 5: Location and Ownership of Franchises

NORTH AMERICAN SOCCER LEAGUE v. NATIONAL FOOTBALL LEAGUE

LA MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (first case) (1984)

NBA v. SDC BASKETBALL CLUB, INC.

June 8, 2010
Exam #1 (Through Chapter 3)

June 10, 2010

CHAPTER 4. LABOR LAW AND PROFESSIONAL SPORTS

Section 1: The NLRA

  1. Coverage of the NLRA
    AMERICAN LEAGUE OF PROFESSIONAL BASEBALL CLUBS AND ASSOCIATION OF NATIONAL BASEBALL LEAGUE UMPIRES

Section 2: Section 8(a)(1) - Interference, Restraint and Coercion

Section 3: Section 8(a)(3) - Discrimination on the Basis of Union Activity or Membership

NATIONAL LABOR RELATIONS BOARD v. TRANSPORTATION MANAGEMENT CORP.

Section 4: The Duty to Bargain

  1. The Appropriate Bargaining Unit
    NORTH AMERICAN SOCCER LEAGUE v. NATIONAL LABOR RELATIONS BOARD
  2. The Principle of Exclusivity and the Duty to Bargain
    MORIO v. NORTH AMERICAN SOCCER LEAGUE
    Section 5: The Subject Matter of Collective Bargaining
    NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION v. NATIONAL LABOR RELATIONS BOARD

June 15, 2010

CHAPTER 5. THE LABOR EXEMPTION TO THE ANTITRUST LAWS

Section 1: Overview of the Labor Exemption

ALLEN BRADLEY CO. v. LOCAL UNION NO. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL UNION NO. 189, AMALGAMATED MEAT CUTTERS, AND BUTCHER WORKMEN OF NORTH AMERICA ,
AFL-CIO v. JEWEL TEA COMPANY, INC.

Section 2: The Labor Exemption Doctrine in Professional Sports

MACKEY v. NATIONAL FOOTBALL LEAGUE

WOOD v. NATIONAL BASKETBALL ASSOCIATION

CLARETT V. NFL (not in text)

JUNE 17, 2010

Section 3: The Duration of the Exemption

BRIDGEMAN v. NATIONAL BASKETBALL ASSOCIATION

POWELL v. NATIONAL FOOTBALL LEAGUE

BROWN v. PRO FOOTBALL, INC.

CHAPTER 6. AMATEUR ATHLETICS

Section 1: Amateur Status - The Right to Play

BRIAN R. OLDFIELD v. THE ATHLETIC CONGRESS

OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASSOCIATION v. MIDGET

CALIFORNIA STATE UNIVERSITY , HAYWARD v. NCAA

Section 2: Amateurism and the Constitution

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. TARKANIAN

BRAND v. SHELDON COMMUNITY SCHOOL

June 22, 2010

Section 3: The Great Gender Debate  - Title IX

COHEN v. BROWN UNIVERSITY (and related cases)

June 24, 2010

CHAPTER 7. AGENTS

Section 1: The Agency Relations: Rights and Duties of Principals and Agents

ZINN v. PARRISH

BROWN v. WOOLF

June 29, 2010

CHAPTER 8. INTELLECTUAL PROPERTY IN SPORTS

Section 1: What is Intellectual Property?

Section 2: Patent Law

  1. Introduction to Substantive Patent Law
    The Patent Act
  2. Examining the Basic Requirements
    UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM CORP. (1975) (UNIVERSAL ATHLETIC SALES CO. I)
    UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM CORP. (1976) (UNIVERSAL ATHLETIC SALES CO. II)
    BALTIMORE ORIOLES V. MAJOR LEAGUE BASEBALL PLAYERS

NFL PROPERTIES V. N.J. GIANTS

July 1, 2010
Review

July 6, 2010
Final Exam

Grading Policy
This class follows the University of Baltimore attendance policy. You may not be allowed to sit for the final exam if you have missed more than three classes.

Your final grade will be determined as follows:

Participation and Attendance: 33% of your grade (participation, preparation for class, attendance, etc.)
Exam #1: 33% of your grade (midterm exam)
Exam #2: 33% of your grade (final exam)

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