Chapter 1: Legal Relationships in Amateur Sports

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Presentation transcript:

Chapter 1: Legal Relationships in Amateur Sports Sports Law Spring 2018 Chapter 1: Legal Relationships in Amateur Sports Copyright © 2018 Carolina Academic Press, LLC. All rights reserved.

Welcome to Sports Law Administrative Details Class Format & Syllabus Problem Method, Experiential Team Hot Topics Reports Industry Experts Writing, Presenting Get Involved! Sports Lawyer Ass’n, BHBA Your Interests in Sports, Sports Law? Part I – Amateur Sports & The Law Chapter 1 – Legal Relationships in Amateur Sports

Why Sports Law? What is Sports Law?

Ch 1: Legal Relationships in Amateur Sports What is Amateurism? Why? Governing Bodies & Rules – NCAA, CFP, Conference Structure Amateur Athletes’ Rights & Athletic Scholarship Barney Moore v. SSU -- jilted recruit’s options? Taylor v. Wake Forest -(reciprocal obligations) Ross v. Creighton – K claim- identifiable promise that D failed to honor; judicial reluctance to inquire into quality of educational services (e.g., educational MP). McAdoo v. UNC – injured pro prospects claim speculative Advise Athletic Director/Coaches regarding recruitment activities Advise the student-athlete - National Letter of Intent The Athlete as Employee -- Are scholarship athletes entitled to: 1. Worker’s Comp for sports-injuries? 2. Unionization? 3. Minimum Wages?

Law & Sport & Lex Sportiva What is Sports Law? Law & Sport & Lex Sportiva Governance Operational & Governance: How does competitive sport happen? Who organizes and runs sports? Under what authority? Selection & Eligibility Discipline & Sanction Law & Process: What are the respective rights and responsibilities of sport governing bodies and the athletes? State statutory and common laws Contract/Tort ; Criminal Law of Private Association Federal: Constitutional: due process, 1st Am Statutory - Labor; Antitrust; IP; Title IX; Civil Rights; ADA Lex Sportiva: Distinctive body of law applicable to sport. Sport-specific legislation; Arbitration rulings/precedent?

Who Loves College Sports? Why? Only in the US do universities sponsor athletic programs whose revenues, media coverage, and enterprise resemble professional sports franchises. * Passion- allegiance to school, tailgating, painted face, screaming fans * Boosts school spirit; donations; student application; money; commercialized

U.S. Sports Structure: Pro/Amateur By Sport - League Education-Based Associations Olympic Sports USOC [NGB] NCAA State High School Athletic Associations www.nfhs.org Little League Intl, etc. Key word “Association”. Organized by sport, region, education, conference…

European Sports Structure: Club System European Sports Federation (UEFA) National SF National (Olympic, Euro, World) Club/League (e.g. Premier) Regional Sports Federations Grassroots Federations/Clubs (youth & amateur) EU Restraint of Trade Law Pure Sporting Exception? System of Promotion & Relegation European Model for Sport http://ec.europa.eu/sport/documents/library/doc248_en.pdf

Who Regulates College Sports? National Collegiate Athletic Association Voluntary Association of over 1,200 member institutions; 460,000 s/a Purposes: * Responsible for governance; maintaining amateurism in college sports Fundamental Policy * ICA as vital part of education system * Maintain ICA as integral to education by clear demarcation amateurism * Regulates virtually every aspect of ICA Institutional control Rules of play for ICA http://www.ncaa.org/about Limits years of eligibility student-athletes Regulates the hours student-athletes may dedicate to sports Defines what benefits may be provided to student-athletes

The Principle of Amateurism “Student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the physical, mental and social benefits to be derived. Student participation in ICA is an avocation, and student-athletes should be protected from exploitation by professional and commercial enterprises. “ NCAA, Div. I Manual 2.9 (2012-13)

The full set of 489 PowerPoint slides is available upon adoption of this book. If you are a professor using this book for a class, please email Beth at bhall@cap-press.com for more information.