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9780314275868

Sports and the Law

by
  • ISBN13:

    9780314275868

  • ISBN10:

    031427586X

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2011-06-08
  • Publisher: West Academic

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Supplemental Materials

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Summary

In this Second Edition, Peter A. Carfagna (former Chief Legal Officer at IMG and now a Visiting Lecturer in Sports Law at Harvard Law School), expands upon the first edition of the "Legal Evolution of America's Three 'Major Leagues'" by providing unique insights into the most significant Sports Law developments that have occurred since the publication of his first edition. In particular, the reader will note in-depth treatments of the Supreme Court's landmark "American Needle" decision, as well as of the controversial "Star Caps" case which challenged the NFL's drug testing policies. The revised text and related Hypotheticals also illuminate the increasing tension between players' "social media"/"publicity rights," and the oftentimes conflicting rights claimed by the Major Leagues and their teams. Similarly, "franchise relocation" updates are provided, including a special section regarding Major/Minor League Baseball's convoluted franchise relocation issues. A new Appendix containing a history of Major League "work stoppages" is particularly timely, given the current state of collective bargaining negotiation ongoing within each of the Three Major Leagues. Another new Appendix contains a revised Course Study Guide, which should make the book accessible not only as an introduction to law school faculty or students considering a first course in sports law, but also to undergraduate students who are interested in pursuing a career in sports law or marketing.

Table of Contents

Acknowledgmentsp. iii
Table of Casesp. xi
The Moral Integrity of the Sport: The Role of the Commissioner and the Lawp. 1
Introductionp. 1
The Commissioner's Powersp. 2
Gamblingp. 13
Misconduct on the Fieldp. 15
Drug Usep. 17
Recreational Drugsp. 17
Performance Enhancing Drugsp. 19
Diversity in Sportsp. 25
Racial, National, and Ethnic Minorities in Sportsp. 25
Women and Sportsp. 27
Summary Questionsp. 34
Constructing a Player's Market From Contract to Antitrust Law-The ôLegal Evolution of the Uniform Player Contractöp. 38
Introductionp. 38
Major League Baseball's Reserve System: Equitable Relief and ôUncleanö Handsp. 39
Major League Baseball's Current Uniform Player Contractp. 40
Comparative Analysis of Uniform Player Contract in the NBA, NFL, and MLBp. 43
Summary Questionsp. 48
ôUnclean Handsö in the National Football League and in Interleague NFL Competitionp. 49
League Jumping and Contract Renewal in the NBAp. 50
Summary Questionsp. 52
The Baseball ôTrilogyö: Flood v. Kuhn and the Creation of the Baseball Antitrust Exemptionp. 54
Introductionp. 54
Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubsp. 55
Toolson v. New York Yankeesp. 56
Flood v. Kuhnp. 57
Summary Questionsp. 59
The Creation of the ôNon-Statutory Labor Exemptionö and Its Application to the NFL and NBAp. 73
Introductionp. 73
The Statutory and Non-Statutory Labor Exemptionsp. 74
Antitrust Attacks and Labor Unrest in the NFLp. 80
NFL Collective Bargaining Agreementp. 89
Player Challenges to NBA Practicesp. 95
Summary Questionsp. 98
Age Eligibility Rulesp. 99
Introductionp. 99
Age Eligibility in Major League Baseballp. 99
Age Eligibility in the NFLp. 102
Summary Questionsp. 105
Age Eligibility in the NBAp. 106
Summary Questionsp. 108
MLB Collective Bargaining Agreement Issues: Free Agency and Collusionp. 109
Introductionp. 109
Free Agency and Salary Arbitrationp. 109
Winning Free Agency Through Grievance Arbitrationp. 109
Bargaining Away Free Agencyp. 112
The Curt Flood Act of 1998p. 115
Summary Questionsp. 116
Owner Collusionp. 118
Summary Questionsp. 120
Collective Bargaining and Intellectual Property Disputes Regarding Player, Team, and League Rightsp. 122
Introductionp. 122
Development of the Right of Publicityp. 123
Bargaining Away the Right of Publicityp. 129
Major League Baseball Publicity Rightsp. 130
National Football League Publicity Rightsp. 132
National Basketball Association Publicity Rightsp. 135
Summary Questionsp. 136
League versus Team Exploitation of Rightsp. 137
Salerno v. American League of Professional Baseball Clubsp. 139
Silverman v. Major League Baseball Players Relations Committeep. 139
MLB Properties v. Salvinop. 140
American Needle Inc. v. National Football Leaguep. 141
Summary Questionsp. 145
Franchise Relocation and Stadium ôNaming Rights Agreementsö: The MLB Territorial Antitrust Exemption Lives onp. 147
Introductionp. 147
Franchise Contraction and Relocationp. 148
Major League Baseballp. 149
National Football Leaguep. 155
National Basketball Associationp. 158
Summary Questionsp. 161
Naming Rights Agreementsp. 164
Drafting a Naming Rights Agreementp. 165
Intellectual Property: Trademarks, Trade Names, Service Marks and Logosp. 168
Labor Stoppages in the Four Major Leaguesp. 181
Player Contractsp. 187
Sample Course Study Guidep. 223
Sample Final Exam and Answersp. 253
Indexp. 307
Table of Contents provided by Ingram. All Rights Reserved.

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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