Summer 2007 Sports Law Syllabus

Sports Law

Summer 2007 Sports Law Syllabus

May 29, 2007

Class Introduction

May 31, 2007

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
    DETROIT FOOTBALL CO. v. ROBINSON
    MILWAUKEE AMERICAN ASS'N v. LANDIS
    FINLEY v. KUHN
  4. The Commissioner's Power to Discipline
    ATLANTA NATIONAL LEAGUE BASEBALL CLUB, INC. v. KUHN
  5. Interpretation of Sports Contracts
    SAMPLE v. GOTHAM FOOTBALL CLUB, INC.
  6. Note on The Plain Meaning Rule
    TOLLEFSON v. GREEN BAY PACKERS, INC.
    June 5, 2007

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
    SCHULTZ v. LOS ANGELES DONS, INC.
  4. The Right of Players to Terminate Their Contract
    AMERICAN AND NATIONAL LEAGUES OF PROFESSIONAL BASEBALL CLUBS v. MAJOR LEAGUE PLAYER ASS'N
    Notes on "Catfish" Hunter Case
    ALABAMA FOOTBALL INC. v. GREENWOOD
  5. Notes on Players' Rights to Terminate Their Contracts
  6. Bonus Money
    ALABAMA FOOTBALL, INC. v. STABLER
  7. 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"
    PHILADELPHIA BALL CLUB, LTD. v. LAJOIE
    CENTRAL NEW YORK BASKETBALL, INC. v. BARNETT
    NASSAU SPORTS v. HAMPSON
    BOSTON CELTICS L.P. v. SHAW
    June 7, 2007
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. Negligence
    BOURQUE v. DUPLECHIN
    NABOZNY v. BARNHILL
    OSWALD v. TOWNSHIP HIGH SCHOOL DISTRICT NO. 214
  2. Recklessness
    HACKBART v. CINCINNATI BENGALS, INC. (1977)
    HACKBART v. CINCINNATI BENGALS, INC. (1978)
    June 12, 2007
    Exam #1 (through Chapter 1 & 2)
    June 14, 2007
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
SMITH v. PRO FOOTBALL, INC.

Section 4: Player Discipline

  1. Introduction
    MOLINAS v. NATIONAL BASKETBALL ASSOCIATION
    BLALOCK v. LADIES PROFESSIONAL GOLF ASSOCIATION
    June 19, 2007

Section 5: Location and Ownership of Franchises

NORTH AMERICAN SOCCER LEAGUE v. NATIONAL FOOTBALL LEAGUE
LOS ANGELES MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (1984)
LOS ANGELES MEMORIAL COLISEUM COMMISSION v. NATIONAL FOOTBALL LEAGUE (1986)
NBA v. SDC BASKETBALL CLUB, INC.

Section 6: Monopolization

  1. Introduction
    AMERICAN FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE
    UNITED STATES FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE

Section 7: Agents and the League

FIVE SMITHS, INC. v. NFL PLAYERS ASSN.
June 21, 2007

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 26, 2007

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.
UNITED MINE WORKERS OF AMERICA v. PENNINGTON

Section 2: The Labor Exemption Doctrine in Professional Sports

MACKEY v. NATIONAL FOOTBALL LEAGUE
DALE McCOURT v. CALIFORNIA SPORTS, INC.
REYNOLDS v. NFL
WOOD v. NATIONAL BASKETBALL ASSOCIATION
June 28, 2007
Exam #2 (chapter 3-5)
July 3, 2007

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
July 5, 2007

Section 2: Amateurism and the Constitution

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. TARKANIAN
LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION v. ST. AUGUSTINE HIGH SCHOOL
BRAND v. SHELDON COMMUNITY SCHOOL
July 10, 2007

Section 3: The Great Gender Debate

COHEN v. BROWN UNIVERSITY
KAREN BLAIR et al. v. WASHINGTON STATE UNIVERSITY
YELLOW SPRINGS EXEMPTED VILLAGE SCHOOL DISTRICT BOARD OF EDUCATION v. OHIO HIGH SCHOOL ATHLETIC ASSOCIATION

CHAPTER 7. AGENTS

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

ZINN v. PARRISH
BROWN v. WOOLF
DETROIT LIONS, INC. AND BILLY SIMS v. JERRY A. ARGOVITZ
WALTERS v. FULLWOOD
July 12, 2007

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)
  3. Focusing on Prior Art
    BADALAMENTI v. DUNHAM'S, INC.
    July 17, 2007
  4. A Closer Look at Infringement
    WILSON SPORTING GOODS CO. v. DUNLOP SPORTS
  5. Patent Practice

Section 3: Copyright Law

  1. Introduction to Substantive Copyright Law
    The Copyright Act
    MULLER & CO., INC. v. N.Y. ARROWS SOCCER TEAM
  2. The Player/Owner Dispute
    BALTIMORE ORIOLES v. MAJOR LEAGUE BASEBALL PLAYERS' ASSOC.
    July 19, 2007
Grading

33% Exam #1

33% Exam #2

33% Participation and Attendance

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