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date: 19 March 2019

(p. 605) Index

(p. 605) Index

Figures and tables are indicated by “f” and “t” following the page numbers.

ABA (American Basketball Association), 198, 250, 269, 271
ABA (American Bar Association), on Uniform Athlete Agents Act, 273
ABC
sports broadcasting by, 331–333
on Sterling, 56
Abrams, Douglas, 351–352
ACC (Atlantic Coast Conference), 371–372
Accidental torts, 161–169
ACE (angiotensin converting enzyme), 518–519
Adarand Constructors, Inc. v. Pena (1995), 539
Addyston Pipe & Steel Co., United States v. (1898), 228
ADRV (anti-doping rule violations), 91–92
Adu, Freddy, 253
Adventure sports. See Recreational sports
Advertising endorsements, 559–560. See also Athlete trademarks; Social media
AFL (American Football League), 331–332
AFL-CIO, 15
“Age nineteen” rules, 179–180
Age requirements for players. See Eligibility rules
Agriculture Adjustment Act (AAA, 1938), 197
Alderson, Sandy, 493
Ali, Muhammad, 280, 479
Alomar, Roberto, 64
Alston, Shawne, 389–390
Alston v. NCAA (2014), 390
Alzado, Lyle, 127
AMA (American Medical Association), 129, 510
American Association of Adaptive Sports Programs, 182
American Bar Association (ABA), on Uniform Athlete Agents Act, 273
American Basketball Association (ABA), 198, 250, 269, 271
American Football League (AFL), 331–332
American Law Institute, 263
American League
collective bargaining and workforce protections, 201
commissioner’s power and, 22
stadium development and, 564
American League Baseball Club of New York v. Johnson (1919), 23–24, 62, 68
American League of Professional Baseball Clubs & Association of National Baseball League Umpires (1970), 200–201
American Medical Association (AMA), 129, 510
American Needle, Inc. v. National Football League (2010), 215, 226, 227, 231–232, 461
American Ship Building Co. v. NLRB (1965), 212
Americans with Disabilities Act (ADA)
disability issues in sports, 176–178
drugs in professional sports and, 124–125
intercollegiate sports, 183–185
interscholastic sports, 178–180
Paralympic Movement, 189
professional sports, 185–188
Title II, 177
Title III, 177, 183
youth and high school sports, 357–359
(p. 606) American Youth Soccer Organization (AYSO), 346–347
America Online (AOL), 546
Anabolic Steroid Control Act (1990), 84–85, 129
Ancillary development, 573–575
Anders, David, 53
Anderson, Walt, 6–7
Andrews, Erin, 557
Angiotensin converting enzyme (ACE), 518–519
Animals
blood sports involving, 139, 140
ethics of using animals in sports, 521
Anthony v. NBA (2011), 209, 219–221
Anti-doping rule violations (ADRV), 91–92, 96–97
Anti-Drug Abuse Act (1988), 129
Anti-tampering rules, 551
Antitrust law. See also Collective bargaining; Sherman Antitrust Act; Sports Broadcasting Act
American Needle, 215, 226, 227, 231–232
Clayton Act (1917), 196, 216, 373–376
eligibility rules, 238–239
judicial scrutiny of NCAA, 372–376
labor law vs., 209–210, 215–217
lockouts vs., 219–221
player movement and, 451, 459–464
single-entity doctrine, 225–236
Sterling’s removal and, 57–58
Title IX and, 406
Arbitration. See also Court of Arbitration for Sport (CAS )
CBAs and antitrust relationship, 202–203
Deflategate and, 12–15
player conduct policies and review of commissioner’s actions, 72–78
Arkansas, law on concussion, 352
Armstrong, Lance, 98, 171–172, 516
ARPA (Association of Representatives of Professional Athletes), 271–272
Artest, Ron, 38–39
Ashcroft v. Calder Race Course, Inc. (1986), 144
Association of Representatives of Professional Athletes (ARPA), 271–272
Association of Tennis Professionals (ATP), 257, 257t
Assumption of risk
defining game, 150–152
duty-of-care analysis for, 414–415
express assumption, 163
issues raised by, 149–150
legislative intervention, 155–156
primary assumption of risk, 163–167, 424–426
resetting expectations, 152–155
secondary implied assumption, 163
AT&T Park, 569
Athlete representation, 263–278
agents’ functions, 264–265
conflicts of interest, 276
early regulation and, 271–272
historical perspective, 265–271
Intent to Use (ITU) registration system, 483–487
National Conference of Commissioners of Uniform State Laws, 263, 272–274
NCAA and, 263, 265, 275
players’ associations on, 275–276
Restatement (Third) of Agency, 263
Revised Uniform Athlete Agents Act, 274
Sports Agent Responsibility Trust Act, 274–275
Uniform Athlete Agents Act, 272–274
Athlete trademarks, 471–489
abandoning trademarks, 489n4
descriptive fair use of trademarks, 478
as fanciful, arbitrary, suggestive, 477
goals for, 482–487
infringement, 481
“Nice Classes” of trademarks, 473
ornamentality of trademarks, 475–476
slogans, 478
surnames as trademarks, 477–478
trademark, defined, 471, 476–477
trademark distinctiveness, 476–482
trademark prohibitions, 479–482
Trademark Trial and Appeal Board (TTAB), 478, 480, 481, 486
trademark use and registration, 472–476
worth of, 471–472
Athletic Biological Passport (urine and blood testing), 93–94
The Atlantic, on NCAA and amateurism, 383
Atlantic Coast Conference (ACC), 371–372
Atlantic Yards, 570
ATP (Association of Tennis Professionals), 257
Attorney’s Offices, U.S., 304
Austria, doping regulation by, 100
Avila v. Citrus Community College District (2006), 150–152
AYSO (American Youth Soccer Organization), 346–347
Badgett, Mallerie, 180–181, 358–359
Badgett v. Alabama High School Athletic Association (2007), 180–181, 358–359
Bailes, Julian, 146–147
Baisden v. West Virginia Secondary Schools Activities Commission (2002), 179–180, 358
BALCO (Bay Area Laboratory Cooperative), 89, 102
Ball, Phil, 28–29
Ballmer, Steve, 57–58
Baltimore construction costs, historical perspective of, 567
Baltimore Orioles, 64
Baltimore Ravens, 78, 532
Banford, Jen, 402
Barta, Gary, 402–403
Baseball. See also Major League Baseball; specific players or teams
American League, 22, 201, 564
athlete representation and leagues of 1960s and 1970s, 270–271. See also Athlete representation
bioethics issues of, 516. See also Bioethics
blood sport issues of, 150–152
commissioner’s power in, 21–24. See also Commissioner’s power
Little League Baseball, 346
National Agreement, 22–23
National Association, 21
National League, 21, 22, 24, 35
reserve clause, 199–200, 202–203, 450–451
sports analytics of, 492, 493
tort law and “baseball rule,” 167–169
Baseball Abstract (James), 492
Bashus v. Plattsmouth (2006), 356, 357
Basketball. See also National Basketball Association; specific players or teams
American Basketball Association (ABA), 198, 250, 269, 271
athlete representation and leagues of 1960s and 1970s, 270–271. See also Athlete representation
blood sport issues of, 153–155
college basketball and revenue. See National Collegiate Athletic Association
commissioner’s power and, 20, 29–30, 36–40, 42
sports analytics of, 494
Women’s National Basketball Association (WNBA), 254–255, 258–259
Battery claims, 169–170
Baughman, Dutch, 533
Bavasi, Buzzie, 268
Bay Area Laboratory Cooperative (BALCO), 89, 102
Baylor, Elgin, 51
Baylor University, 401
“Beanballs,” 150–152
Beane, Billy, 493
Beckham, David, 471–472, 474–475, 478
Belichick, Bill, 8
Bell, Christopher, 126
Bell, Le’Veon, 88
Bennett, Fred, 28–29
Benoit, Chris, 146–147
Berman, Richard, 13–14, 15
Bertuzzi, Todd, 64
“Best interests of the game”
commissioner’s power and, 19–20, 26, 28, 29, 31–37, 39–42
player conduct policies and commissioner’s “best interests” power, 67–69
relationship between leagues and owners, 47
Betting. See Sports betting
Bettman, Gary, 64, 71, 322
“Bigger, Faster, Stronger . . .” (documentary), 126
Big Ten Conference, 372
(p. 608) Big 12 Conference, 372
Bin Laden, Osama, 285
Bioethics, 509–523
defined, 509
ethics of being a fan, 521–522
ethics of using animals in sports, 521
performance-enhancing drugs (PEDs), 513–519
performance-tracking technologies, 519–521
team doctors’ role and, 509–513
Biogenesis, 98
Biometric tracking devices, 495, 520
Bird, Larry, 48
Black Coaches in the NFL (Mehri & Cochran), 528
Blackmail, 556
Blackout provision for broadcasting, 334–336
Black Sox scandal, 25–28, 62–63
Blake, Steve, 290
Blogging, 548–549
Blood doping, 127–128. See also Doping regulation
Blood sports and liability, 139–159
assumption of risk issues, 149–150
categories of blood sports, 139–140
civil suits, 144–145
“concussion suits,” 145–149
criminal prosecution, 142–144
defining game, 150–152
diuretics used in combat sports, 128
expectations, 152–155
legislative intervention, 155–156
modern-day violent sports, 141–142
Bloom, Jeremy, 383–386
Bloomberg, Michael, 572–573
Bloom v. NCAA (2004), 383–386
Blue, Vida, 63, 75–76
BMX, chronic traumatic encephalopathy and, 422
Board of Trade of Chicago v. United States (1918), 227–228
Boilley v. Association Turkish FA (2008), 446
Bolt, Usain, 104, 474, 476, 519
Bonamici, Suzanne, 536
Bonds, Barry, 89, 103–104, 514
Bonds for stadium development, 571–573
Bookies and bookmaking. See Sports betting
Bosman case (1995), 451, 457, 458, 461–464
Boston Bruins, 64
Boston Red Sox
commissioner’s power and, 23, 32
player conduct policies, 62
Boston University, 121, 146
Bountygate, 40–41, 77
Bourque v. Duplechin, 152
Bowe, Dwayne, 289
Boxing, as blood sport, 139–140, 144–145
Bradshaw v. Rawlings (1979), 415
Brady, Tom
collective bargaining and, 219–221
Deflategate, 5–16
right of publicity lawsuit by, 170–171
Brady v. National Football League (2011), 203–204, 209, 219–221, 390
Brain injury. See Concussion
Brain Injury Research Institute, 121–122, 146–147
Branch, Taylor, 383
Brand, Myles, 532
Breach, negligence claims and, 162–163
Bridgeport Bluefish, 170
Britain
CAP Code, 554
Defamation Act (2013), 549
Professional Football Association, 548–549
Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. (1979), 234
Brooklyn Dodgers, 23
Broughton, Jack, 144
Broughton’s Rules, 144
Brown, Michael, 284
Brown v. Pro Football, Inc. (1996), 216, 218–219
Brown-Sequard, Charles, 514
Bryant, Kobe, 284, 471, 480
Buchanan, Rick, 52, 55
Buffalo Bills, 578
Bulgaria, doping regulation by, 101
Bulkeley, Morgan Gardner, 21
“Buscones” (street agents), 248
Bush, Rachel, 289–290
Bussells, Brian, 473
Byers, Walter, 381–382
(p. 609) Cable television, growth of, 61, 324, 330, 371–373
California
athletic services immunity law, 428–429
blood sport issues and, 149
California Athlete Agents Act, 272
California Environmental Quality Act (CEQA), 579
California Redevelopment Agency, 574
concussion law of, 352, 353
social media law, 542
tax-increment financing (TIF) in, 573
Campbell, Clarence, 63
Campos, Isaac, 123
Canada
Canadian Competition Act, 463
Canadian Football League (CFL), 457–458
Canadian Hockey League, 252
Cañas v. Association of Tennis Professionals (2007), 446
Canseco, Jose, 112
CAPA (College Athletes Players Association), 381–383
Cardozo, Benjamin, 163
Carlesimo, P. J., 64, 69
Carneiro, Eva, 510
Cartwright, Alexander, 21
Casella, Judy, 144
Causation, negligence claims and, 162–163
CBS
Division I Men’s Basketball Championship, 370
sports broadcasting by, 332, 333, 339
Center for Injury Research and Policy (Nationwide Children’s Hospital), 417
Centers for Disease Control and Prevention (CDC), 121, 175
Champer v. State (1863), 141
Chandler, A. B. “Happy,” 29
Charles Jordan Standard, 525–526, 536–539
Charlotte Hornets, 112–113
Chicago Bulls, 64
Chicago Cubs, 35–36
Chicago Herald & Examiner, on Commission of Baseball, 26
Chicago National League v. Vincent, 35–36
Chicago Professional Sports Ltd. Partnership v. WGN (Bulls II, 1992), 230–231, 235n1
Chicago White Sox, Black Sox scandal and, 25–28, 62–63
Chin, Denny, 14–15
Christie, Chris, 308–311. See also New Jersey
Chronic traumatic encephalopathy (CTE)
bioethics issues, 512–513
in blood sports, 146–147
drugs for treatment of, 121–122
in recreational sports, 421–422
tort law and latent injuries, 172–173
Cicotte, Ed, 25, 27
Cincinnati Bengals, 132–136, 531
Cincinnati Commercial Gazette, on National League, 22
Citi Field (New York City), 566–567
Citizenship and Immigration Services, U.S., 570
City Stadium (San Diego), 565
Civil Rights Act (Title VII, 1964), 51, 206, 538
Clarett, Maurice, 1, 238, 243–245
Clarett v. National Football League (2004), 1, 238, 243–245
Clayton Act (1917), 196, 216, 373–376
CLC (Collegiate Licensing Company), 386–389
Clement, Paul, 14
Clemson University, 286
Cleveland Browns, 112
Cleveland Cavaliers, 576–577
Cleveland Stadium, 577
Clomid, 517
Clowney, Jadeveon, 243–244
CNN, on Sterling, 56–57
Coaches. See also names of coaches
coaching inequity in NFL, 526–529. See also Rooney Rule
NCAA Bylaws on coaches, 377–378
as social media broadcasters, 548–552
supervision of recreational youth sports, 416–421. See also Recreational sports
Coats v. Dish Network (2015), 123–124
Coburn, Tom, 580
(p. 610) Cochran, Johnnie, 528–531
Code of Medical Ethics (American Medical Association), 510
Code of Sports-Related Arbitration, 435–436
Cole v. NCAA (2000), 183
Collective bargaining, 195–208, 209–223. See also Eligibility rules; Major League Baseball Players Association; National Football League Players’ Association; Player movement
antitrust law’s relationship to CBAs, 202–203
antitrust law’s relationship to professional sports, 195–200
Brown, 216, 218–219
concussion litigation, 206
criminal charges for on-the-field conduct, 206–207
decertification and antitrust law, 203–204
employees compared to independent contractors, 204–205
Fair Labor Standards Act, 205
federal labor law background, 210–211
future of, 221–222
historical perspective, 212–213
labor law vs. antitrust law, 209–210, 215–217
lockouts as management’s economic weapon, 211–212
lockouts vs. antitrust law, 219–221
nonstatutory labor exemption, 217–219
Occupational Safety and Health Administration and, 205–206
social media policy in, 558–559
Title VII and, 206
unique aspects of, 213–215
workforce protections and, 205–207, 538
Collective bargaining agreements (CBAs). See also Player movement
antitrust law relationship to, 202–203
commissioner’s negotiation of, 45
Deflategate and, 11–15
disability issues and sports participation, 187
doping regulation and, 85–86, 88
drug policies and, 134
first CBA in baseball, 199–200
International Talent Committee (baseball), 248
NFL team doctors required by, 509–510
player conduct policies and due process, 70–72. See also Player conduct policies
College Athletes Players Association (CAPA), 381–383
Collegiate Licensing Company (CLC), 386–389
Collins, Shano, 25
Colorado
daily fantasy sports laws, 587, 590, 591, 596–598
marijuana use and professional sports, 123–124
Colorado Avalanche, 64
Colter, Kain, 381
Columbus Blue Jackets, 167
Comiskey, Charles, 22, 25
Commissioner’s power, 19–44
creation of office of, 24–30
history of, 21–24
modern developments and incidents, 33–41
players’ unions and limit on powers of, 30–33
power to discipline. See Player conduct policies
relationship between owners, leagues, and commissioners, 45–47. See also Leagues and owners
roles of, 19–21
Commonwealth v. See name of opposing party
Compensation. See also Athlete representation; Eligibility rules
baseball Signing Bonus Pool and minimum salaries, 248
basketball minimum salaries, 251
commissioners and, 30–31
NCAA and amateurism, 378–389
NFL training costs as, 245
salary caps, 202–203, 453
“student-athletes,” 379
WNBA average salaries, 255
WNBA rookies, 255
Competitive balance, 461
Computer Fraud and Abuse, 502–503
Concussion
chronic traumatic encephalopathy (CTE), 121–122, 146–147, 172–173, 421–422, 512–513
(p. 611) “concussion suits,” 145–149
defined, 350
disability issues and changes in sports law, 175
recreational sports on, 421–424
return-to-play (RTP) protocol, 422–424
second-impact syndrome, 351–352, 422–424
workforce protections and concussion litigation, 206
in youth and high school sports, 350–355
Conestoga High School (Berwyn, Pennsylvania), 355
Congress, U.S. See also individual legislation
Anabolic Steroid Control Act (1990), 84–85
on antitrust law, 225–226
collective bargaining and, 215, 216
on concussions, 147, 351
on doping, 84–85
drug policy in professional sports and, 128–129
on equitable athletic opportunity, 396, 406–407. See also Title IX of the Education Amendments
on sports betting, 307–308, 321–324
Sports Broadcasting Act (1961) legacy and, 341
stadium development and, 570, 579–580
Telecasting of Professional Sports Contests, 332–336. See also Sports Broadcasting Act
Conlon, Suzanne B., 35–36
Connecticut, law on concussion, 354
Constitution (U.S.), Fourteenth Amendment of, 349, 377
Construction costs, historical perspective of, 566–568
Contact-vs.-non-contact distinction, 165–167
Conte, Victor, 89
Continental League, 271
Contracts. See also Collective bargaining agreements (CBA)
regulating athletes’ social media use by, 557–561
relationship between owners, leagues, and commissioners, 46–47
Controlled Substances Act (CSA), 129, 515
Cook, Earnshaw, 492
Cooper, Anderson, 56–57
Copperweld Corp. v. Independence Tube Corp. (1984), 226–227, 231, 232
Copyright
social media law and, 547–548
trademarks compared to, 489n3
“Corporate welfare,” stadium development as, 575–579
Correa, Christopher, 503
Costello v. University of North Carolina (2006), 185
Costin, Michael, 347–348
Court of Arbitration for Sport (CAS)
Ad Hoc Division (AHD)/Olympic Division, 441–442
Appeals Arbitration Division, 439–440
doping regulation, 83–84, 95
enforcing arbitration awards, 444
jurisdiction, 437
Jurisprudence Database of, 438
Ordinary Arbitration Division, 437–438
overview, 434–437
Pistorius v. IAFF (2008), 189–190, 440–441
player movement and, 456
remedies, 444–445
reviews and challenges to awards, 445–447
U.S. Swimming v. FINA, 441–444
USOC v. IOC, 438–439
Criminal charges and criminal law
blood sports and liability, 142–144
criminalization of sport doping, 99–104
hiring practices and criminal records checks, 419–420
for on-the-field conduct, 206–207
sexual harassment and sexual violence, 51, 400–401, 418–419, 420–421, 550–551, 556–557
social media and, 288–291, 555–557
sports analytics and, 502–504
Title IX, sexual harassment, and sexual violence, 400–401
violence in recreational youth sports, 416–421
youth and high school sports issues, 347–348, 355–357, 362
Cruz, Victor, 284
Cruz v. Pennsylvania Interscholastic Athletic Association (2001), 180, 181, 358
CSA (Controlled Substances Act), 129, 515
Cuban, Mark, 54, 280, 282
(p. 612) Culhane, John G., 149
Curry, Eddy, 520
Curry, Stephen, 52
Curt Flood Act (1998), 215
Cycling
bioethics and, 516
doping regulation and, 98, 100
Dahl, Ronald E., 356
Daily fantasy sports (DFS) and Professional and Amateur Sports Protection Act (PASPA), 585–604
avoiding through straight repeal law, 592
DFS contests as “betting, gambling or wagering scheme,” 592–595
DFS contests “based on” the “performances” of athletes, 595–596
sports betting and rise of, 298
“standing” restrictions, 600–601
state laws enacted through 2016, 596–598
state laws ranked by “PASPA vulnerability,” 598–600
state laws that “authorize” or “license” DFS, 586–592
state proposals, overview, 585–586
Dallas Cowboys, 73, 74, 530–531
Dallas Mavericks, 54
Damages, negligence claims and, 162–163
Darby, Jeff, 291
Dartmouth College, 353
Davis, Al, 11
Davis, Anthony, 478, 480
Davis, Robert N., 272
Davis v. Monroe County Board of Education (1999), 356
DEA (Drug Enforcement Administration), 121
“Dear Colleague” letter (Office of Civil Rights, U.S. Department of Education), 181–182, 401
Decertifying, during collective bargaining negotation, 203–204
Defamation
Defamation Act (Britain, 2013), 549
in social media context, 549–550
tort law, 170–172
Defend Trade Secrets Act, 500
Deficit Reduction Act of 1984, 568
Deflategate
commissioner’s power and, 42
events of, 5–16
Deford, Frank, 383
Delaware law on sports betting, 305–306
Dell, Donald, 266–267, 270
Deloitte, 541–542
Demps, Dell, 39
Dennin v. Connecticut Interscholastic Athletic Conference, Inc. (1996), 357
Dent, Richard, 512
Dent v. NFL (2014), 148–149
Denver Rockets v. All-Pro Mgmt., Inc. (1971), 250
Department of ___. See name of specific department
Detroit Lions, 531
Detroit Pistons, 38–39
Detroit Tigers, 168
DeVos, Rich, 54–55
DHEA, 120, 329
Dimitrew, Audrey, 347
Disability issues, 175–193. See also Paralympic Movement
in intercollegiate sports, 182–185
in interscholastic sports, 178–182
Paralympic Movement and, 188–190
Pistorius v. IAFF (2008), 189–190, 440–441
population statistics, 175–176
in professional sports, 185–188
statutory overview, 176–178
Discipline, commissioner’s power and. See Player conduct policies
Dissent, through social media, 282–283
Diuretics, 127–128
Dixon v. Pop Warner (2014), 148
(p. 613) D-League, 251
Doctors, for teams, 509–513
Doping regulation, 83–109. See also Drug policies
bioethics and, 515–516
blood doping, defined, 127–128
comparison in U.S. and international sport, 97
criminalization of sport doping and future of, 99–104
examples, 98–99
National Labor Relations Act and, 112–113
Olympic Movement organization and, 433–434
U.S. sport anti-doping laws and policies, 84–90
World Anti-Doping Agency on, 83–84, 90–97
Doubleday, Abner, 21
Douglas, William O., 198
Dowd, John, 33–34
DraftKings, 322, 474, 544, 601
Drafts. See also Eligibility rules
NFL and NCAA Bylaws, 245
relationship between owners, leagues, and commissioners, 46
size and timing of, 239, 240t
tanking comments by Sterling, 49–50
Dreyfuss, Barney, 23
Drug Enforcement Administration (DEA), 121, 124, 129
Drug policies, 111–137
legal issues, 120–126
National Labor Relations Act and, 112–113
overview, 111–112
player conduct policies and, 63–64, 75–76
testing policies, 113–120
Drug testing. See also Doping regulation
MLB on, 118–120
NBA on, 117–118
NFL on, 113–117, 127
Drysdale, Don, 268
Duchess (drug), 99
Dungy, Tony, 518, 526–527
Duty of care
negligence claims and, 162–163
in recreational sports, 413–416
Dylan, Bob, 522
EA (Electronic Arts), 386–389
EA Sports, 386
Easterbrook, Frank, 4
EB-5 program, 570
Ebbets, Charles, 23
E.C. Knight Co., United States v. (1895), 228
Economic Espionage Act (1996), 502
Eddie Robinson Rule, 532–533
Education Department, U.S.
“Dear Colleague” letter (Office of Civil Rights), 181–182, 401
disability issues in sports, 175–176, 178–182
Office of Civil Rights, 404
Title IX, 396, 399–400
Edwards, Herm, 526–527
EEOC (Equal Employment Opportunity Commission), 125, 187
“Eight semester” rules, 179, 180
Electronic Arts (EA), 386–389
Electronic Sports League (ESL), 90
Eligibility rules, 237–262
analysis of, 257–260
ATP (Association of Tennis Professionals), 257, 257t
drafts by leagues and, 239, 240t
legal standing of, 238–239
LPGA (Ladies’ Professional Golf Association), 256
MLS (Major League Soccer), 253–254
NCAA, 239–241
overview, 237–238
PGA (Professional Golf Association), 256
WNBA (Women’s National Basketball Association), 254–255
WTA (Women’s Tennis Association), 257, 257t
Elliott, Ezekiel, 485
(p. 614) Employment practices. See also Americans with Disabilities Act; Civil Rights Act; Collective bargaining; Rehabilitation Act; Rooney Rule; Title IX of the Education Amendments
employees compared to independent contractors, 204–205
employee status of student-athletes, 381–386
negligent hiring, 419–420
nondisclosure and noncompete agreements, 498–499
workers’ compensation laws, 134, 379–381
Endorsement guidelines, social media law and, 552–554, 559–560
End User License Agreements, 560–561
Engh, Fred, 348
Equal Employment Opportunity Commission (EEOC), 125, 187
Equity seat rights (ESRs), 570
ESPN
on Deflategate, 10
player conduct policies, 69
rise of, in 1980s, 48–49
sports broadcasting rules, 334, 339. See also Sports Broadcasting Act
trademarked name of, 477
ESPN the Magazine, on “importing” of groupies, 289
Ettinghausen, Andrew, 549–550
European Convention on Human Rights, 550
European professional leagues, player movement in. See Player movement
European Union (EU)
anti-doping legislation of, 101–102
social media law and, 554
Treaty on the Functioning of the European Union, 452, 458–460, 463–464
Ex aequo et bono, 438
Exceptional Student-Athlete Disability Insurance Program (NCAA), 240–241
Facebook. See Social media
Fair Labor Standards Act (FLSA), 205
Falk, David, 267
FanDuel, 322, 544, 590, 601
Fans, ethical issues of, 521–522
Fantasy sports
social media law, 544–545
sports analytics, 492
sports betting and rise of, 298. See also Daily fantasy sports
Farm team concept, 455
Fatigue Science, 520
FCC (Federal Communications Commission), 552
FDA (Food and Drug Administration), 129
Federal Arbitration Act, 13
Federal Baseball Club v. National League (1922), 196–199, 228
Federal Communications Commission (FCC), 552
Federal Control Substances Act, on marijuana, 120–126
Federal Trade Commission (FTC), 275, 339, 552–553, 555–556
Fédération Internationale de Football Association (FIFA)
player movement and, 450–451, 455–456, 458, 460–462, 464
RICO prosecution of, 503–504
Fédération Internationale de Natation Amateur (FINA), 441–444
FedEx Field, 567
Feerick, John, 37, 74–75
Fehr, Donald, 33
FEI (International Equestrian Federation), 436
Feinberg, Kenneth, 15
Feinstein, Diane, 570
Fibreboard Paper Products Corp. v. NLRB (1964), 113
Filburn, Roscoe, 197
Fingers, Rollie, 32
Finley, Charlie, 32–33, 270
Finley v. Kuhn (1978), 32–33, 68, 454, 461
Fitzgerald, Larry, 260n5
Flacco, Joe, 473
Flood v. Kuhn (1972), 1, 3, 199–200, 229
Florida State University, 286, 404
FLSA (Fair Labor Standards Act), 205
(p. 615) Food, Drug, and Cosmetic Act (1981), 128–129
Food and Drug Administration (FDA), 129
Football. See also Commissioner’s power; National Football League; specific players or teams
American Football League (AFL), 331–332
athlete representation and leagues of 1960s and 1970s, 270–271. See also Athlete representation
blood sport issues of, 148–149
college football and revenue, 372. See also National Collegiate Athletic Association
commissioner’s power and, 31–32, 40–42
“concussion suits” of, 145–149
criminal charges for on-the-field conduct, 206–207
Deflategate, 5–16
inequitable allocation of resources in college football, 400. See also Title IX of the Education Amendments
sports analytics of, 494
United States Football League (USFL), 337
Football Television Plan, 373
Fortson, Danny, 171–172
Fort Wayne Pistons, 29–30
Foster, Cade, 290
Fourteenth Amendment, 349, 377
Fox, sports broadcasting by, 333, 339
France, doping regulation by, 100
Fraud
doping as, 101
mail fraud, 503
social media as risk to athlete, 555–556
Frazee, Harry, 23
Free agency
amateurism vs. commercialism, 390
eligibility for, 244
out-of-contract player movement, European and North American systems, 454, 456–457, 462, 464. See also Player movement
Freer, People v. (1976), 143
Free speech, 362–364. See also Social media
Frick, Ford, 29
Fritz Pollard Alliance (FPA), 531, 532
FTC (Federal Trade Commission), 275, 339, 552–553, 555–556
Fuentes, Julio, 314–315
Fujita, Scott, 40
Full-contact practice, 353
Gagner, Sam, 454
Galvin, James “Pud,” 514
Gambling. See Sports betting
Game of Shadows, 64–65
Gaming Accountability and Modernization Enhancement Act (GAME Act), 323
Gandil, Arnold “Chick,” 25, 27
“Garden leave” provisions (noncompete agreements), 499
Garner, Eric, 284, 285
Garnett, Kevin, 251
Garvey, Ed, 31–32
Gathers, Hank, 520
Gawker.com, 556
Gender equality in sports. See Title IX of the Education Amendments
Gene therapy, 518–519
Genetic Information Nondiscrimination Act (2008), 520
Genius Sports, 322
Georgia law on athletic services immunity, 428
Germany
doping regulation by, 100–101
Olympic arbitration and, 445–446
Giamatti, Bart, 33–34
Giants Stadium, 566–567
Gifts
Deflategate and, 9–10
NCAA on agent regulation and, 275
Gill, Turner, 534–535
Glanville, Jerry, 534
Glazer, Malcolm, 578
Globe Life Park, 571
Goldberg, Arthur, 199
Golden State Warriors, 36–37, 52
Golf
blood sport issues of, 154
eligibility rules for, 238–239. See also individual leagues
LPGA Tour eligibility rules, 256
PGA Tour eligibility rules, 256
(p. 616) Goodell, Roger
commissioner’s power and, 40–41
concussion legislation and, 351–352
Deflategate and, 8–16, 42
NFL drug policies and, 125–126
player conduct policies, 65, 66, 74, 77–78
social media and, 282
on sports betting, 322
Gordon, Josh, 87, 111, 112
Gorn, Elliott J., 139–140
Government Accountability Office (GAO), 178–179, 181
Grange, Red, 266
Grassley, Chuck, 307–308, 570
Great Britain. See Britain
Green, Dennis, 526–527, 531
Green, Regina v. (1971), 142–143
Greenlick, Mitch, 535–536
Griesbaum, Tracey, 402–403, 404
Griffith Stadium, 567
Grim, Alan K., 331–332, 334
Groupies, social media and, 289–290
Grutter v. Bollinger (2003), 539
Guides Concerning Use of Endorsements and Testimonials in Advertising (FTC), 552–553
Gundel, Elmar, 436
Hackbart v. Cincinnati Bengals, Inc. (1979), 132–136
Hales, Charlie, 537
Hardware token authentication, 505
Hardy, Greg, 74
Hargrove, Anthony, 40
Harper, Bryce, 247
Harrison, James, 282
Hartford Dark Blues, 21
Harvard University, 368–369
Hayes, J. William “Bill,” 268
Haywood, Spencer, 198, 250
Haywood v. National Basketball Association (1971), 198–199, 250
Hazard, Eden, 510
Hazing, 355–357, 362
Heads Up Football (NFL, USA Football), 423
Heldman v. Uniroyal, Inc. (1977), 145
Helmets, 147, 353, 422
Hempstead, Harry, 23
Henderson, Brooke, 256
Henderson, Harold, 73–74
HGH (human growth hormone), 104, 127–128, 515
Hockey. See also National Hockey League; specific players or teams
blood sport issues of, 147–148, 155
criminal charges for on-the-field conduct, 206–207
criminal prosecutions in, 142–143
tort law and spectator injuries, 167–168
Hogan, Hulk, 556
Hogan, Thomas, 355
Hollonbeck v. U.S. Olympic Committee (2008), 189
Holmes, Clayton, 73
Holmes, Oliver Wendell, 197
Holmes v. National Football League (1996), 73
Holschuh, John D., 34
Home-Grown Player Rule (Union of European Football Associations), 458–459
Horowitz, Frederic, 98
Horse racing
blood sport issues of, 144
drug policies and, 131–132, 135
ethical issues of, 521
Houston Astros, 497, 501–503, 504
Houston Rockets, 64
Howe, Steve, 76
Howman, David, 102
Hoyt, LaMarr, 63
HQ Magazine, 549–550
Hubert H. Humphrey Metrodome, 568
Hulbert, William, 21–22
Huma, Ramogi, 381
Human growth hormone (HGH), 104, 127–128, 515
Humphrey v. Viacom, Inc. (2007), 593
Hums, M. A., 69
Hunter, Vince, 291
Huntingdon College, 288
Hypertrophic cardiomyopathy (HCM), 520
IAAUS (Intercollegiate Athletic Association of the United States), 369
ICADIS (International Convention Against Doping in Sport), 95–96
Ideal Gas Law, Deflategate and, 10
Identity
identity fraud and “buscones,” 248
social media and, 280–288
Immigration Act (1990), 570
“Importing” of groupies, 289–290
Indiana
concussion law of, 352
daily fantasy sports laws, 586, 587, 590, 591, 594, 596, 597, 599, 602n3
Indiana Pacers, 38–39
Indianapolis Colts. See Deflategate
Information security, 504–505. See also Sports analytics
In loco parentis, 415
In re. See name of party
Instagram. See Social media
Institute for Diversity and Ethics in Sport, 533
Insurance options for players
Exceptional Student-Athlete Disability Insurance Program (NCAA), 240–241
loss of value (LOV) insurance policies, 241
Intellectual property (IP). See also Sports analytics
copyright, 489n3, 547–548
trademarks. See Athlete trademarks
trade secrets, 499–502
Intentional torts, 161, 169–170
Intent to Use (ITU), 483–487
Intercollegiate Athletic Association of the United States (IAAUS), 369
Intercollegiate sports, 367–394. See also Athlete representation; Drafts; Eligibility rules; National Collegiate Athletic Association; Recreational sports; Title IX; Youth and high school sports
amateurism and, 378–389
bioethics concerns of, 511
commercialization of, 371–372
disability issues in, 182–185
Intent to Use (ITU) registration system, 483–487
intercollegiate football contest, 335
judicial scrutiny of NCAA, 372–376
Law v. NCAA, 377–378
NCAA history and, 368–381
NCAA v. Tarkanian, 376–377
pay-to-play cases, 389–390
player movement and youth development, 462–463
Saturday broadcasts of, 341
tension between amateurism and commercialism in, 367–368
Internal Revenue Service (IRS), 571–573
International Association of Athletics Federation (IAAF)
Pistorius v. IAFF (2008), 189–190, 440–441
Reynolds and, 435
International Convention Against Doping in Sport (ICADIS), 95–96
International Cycling Union, 98
International Equestrian Federation (FEI), 436
International Skating Union, 446–447
International Standards of Laboratory (ISL), 94
INTERPOL, 102–103
Interscholastic sports. See also Recreational sports; Youth and high school sports
athletes with disabilities, 357–359
baseball and eligibility for professional sports, 240–241, 246. See also Eligibility rules
bioethics concerns of, 511
concussion and, 148, 350–355
disability issues in, 178–182
female athletes and transgender athletes, 359–362
free speech protection, 362–364
hazing and, 355–357
interscholastic football contest, 335
Interstate Wire Act (1961), 297–298, 299–302
Intramural sports. See also Intercollegiate sports; Recreational sports
defined, 412
duty of care for, 415
(p. 618) “Investigative Report Concerning Footballs Used During the AFC Championship Game on January 18, 2015” (“Wells Report”), 8–10, 13–14
IRS (Internal Revenue Service), 571–573
Italy, doping regulation by, 100
ITU (Intent to Use), 483–487
Jackson, “Shoeless” Joe, 25, 27
Jackson v. Birmingham Board of Education (2005), 402
Jacobs, Brandon, 290
Jagr, Jaromir, 556
James, Bill, 492
James, Dante, 537
James, LeBron, 54, 284, 289–290, 481, 486–487
Japan, doping regulation by, 102
Jastremski, John, 8–10, 15
Jaworski, Ron, 69
Jefferson, Al, 111–112
Jenkins, Martin, 390
Jenkins v. NCAA (2014), 390
Jennings, Brandon, 251
Jobe, Frank, 513
John, Tommy, 513
Johnson, Ben, 85
Johnson, Byron Bancroft “Ban,” 22, 25, 62
Johnson, Larry, 279–280
Johnson, Magic, 48, 52
Johnson Bateman Co. (1989), 113
Joint Drug Program (MLB, MLBPA), 89
Jones, Barbara, 78
Jones, Cardale, 282–283
Jordan, Michael, 38, 280
Journalists (female), hate speech directed at, 556–557
Judge and Jury (Pietrusza), 27
Juiced (Canseco), 112
Junta, Thomas, 347–348
Jupiter-Tequesta Athletic Association, 348, 418
Just cause, player conduct policies and, 72–74
Justice Department, U.S.
on disability issues and sports participation, 183
on PASPA, 307–308
on sports broadcasting, 330, 332. See also Sports Broadcasting Act
Sterling and, 51, 56
Title IX and, 401
Kaepernick, Colin, 473, 474
Kahn, Richard, 575
Kahne, Kasey, 281
Kaka, 455
Kansas
blood sport issues and, 149
daily fantasy sports laws, 588, 591–592, 596, 600
Kansas City Royals, 75–76
Kapstein, Jerry, 270
Kasten, Stan, 28
Katzmann, Robert, 14–15
Kaufman, Irving R., 30
KDKA AM (Pittsburgh, Pennsylvania), 372–373
Keating, Kenneth, 229
Keflezighi, Mebrahtom “Meb,” 480
Keller, Sam, 171, 387
Kennedy, Robert, 299
Kessler, Jeffrey, 14, 390
Keyte, James, 233
Khalifa, Mia, 289
Kleinknecht v. Gettysburgh College (1993), 511
Knapp v. Northwestern University, 184–185
Knickerbocker Base Ball Club, 21
Knight, Phil, 49
Knight v. Jewett (1992), 155, 165
Koppett, Leonard, 42
Koufax, Sandy, 268
Kraft, Robert “Bob,” 11
Kravitz, Bob, 7
Krueger, Charlie, 511
Krueger v. San Francisco Forty Niners (1997), 511
Kuhn, Bowie
collective bargaining and workforce protections, 199–200
commissioner’s power and, 32–33
player conduct policies, 63
Kulongoski, Ted, 536
Labor law. See also Collective bargaining
antitrust law vs., 209–210, 215–217
historical perspective, 210–211
Labor Management Relations Act (1947), 12–13, 512
(p. 619) Ladies’ Professional Golf Association (LPGA)
bioethics and, 518
eligibility rules, 256
Lajoie, Napoleon, 22
Landis, Kenesaw Mountain, 20, 26–29, 62–63
Langdellian model, 2
Lanham Act, 479
Lapchick, Richard, 533
Laser-Assisted in Situ Keratomileusis (Lasik), 513–514
Lasker, Albert D., 26
Lasker Plan, 25–26
Latin American baseball players, “buscones” and, 247–248
Lattimore, Marcus, 243–244
Laumann v. National Hockey League (2012), 233–234
Law v. NCAA (1998), 377–378
“Law of the shop,” 13
Law school, sports law topics taught in, 3–5
Leagues and owners, 45–59. See also specific leagues
NBA and Shelly Sterling on Sterling Famiy Trust, 56–57
relationship between owners, leagues, and commissioners, 45–47
Silver’s order to remove Sterling, 52–55
Sterling’s lawsuits, 57–58
Sterling’s rise as uncooperative owner, 47–51
Leeman v. NHL (2013), 148
Lenglen, Suzanne, 266
Leonard, John, 10, 15
Levanas, Michael, 57–58
Levin, Irv, 48–49
Lewis, Marvin, 531
Lewis, Michael, 493
Lewis, Reggie, 520
Lewis, Regina v. (1844), 141
Lex posterior derogat legi priori, 595
Licensing
personal seat licenses (PSLs), 569–570
single-entity doctrine of antitrust law, 231–234
social media and, 547–548, 560–561
state laws on daily fantasy sports, 586–592
Limited duty rule, 165–169
Lin, Jeremy, 471–473, 480, 485
Lipkins, Susan, 357
Little League Baseball, 346, 412, 416, 417
Lloyd, Jewell, 255
Loan, in European player movement system, 455
Local Union No. 189, Amalgamated Meat Cutters & Butcher Workmen of North America v. Jewel Tea Co. (1965), 216–217
Lock, E., 214
Loewe v. Lawlor (1908), 196, 197
Lofton, James, 70
Logan v. Austin (1828), 141
Lombardi, Vince, 267, 510
Long Island Ducks, 170
Loomis, Mickey, 40
Los Angeles Clippers
commissioner’s power and, 42
social media and, 280, 288
Sterling and, 20, 47–58
Los Angeles Dodgers, 566
Los Angeles Lakers
drug policies and, 134–135
Sterling and, 50
Loss of value (LOV) insurance policies, 241
Louisville Grays, 22, 25
Lowery v. Euverard (2007), 363–364
Lucic, Mirjana, 239
Lynch, Marshawn, 471
Lystedt, Zackery, 350–352, 422–423
Maanika, Kaarlo, 516
Mackey v. NFL (1976), 217–218, 220–221, 230
MacLean, J. C., 69
Madden, Janice, 528–529
Maddox v. City of New York (1985), 144–145
Mahanic, Matt, 288
Mail fraud, 503
Maillard, Clément de, 102
Major League Baseball (MLB)
antitrust law and, 232
on athlete representation, 264
collective bargaining and, 196–201, 202, 213
desegregation of, 526
DraftKings and, 601
drug and doping policies and, 86–89, 112, 118–120, 125
eligibility rules, 240–241, 246–249
(p. 620) Major League Baseball (MLB) (cont.)
First-Year Player Draft (Rule 4 Draft), 246
Flood v. Kuhn (1972), 1, 3, 199–200, 229
in-contract player movement, 453–455. See also Player movement
Major League Agreement adoption, 28–29
Major League Baseball Advanced Media (MLBAM), 232
Major League Rules, 32, 246–247, 260n7
Mitchell Report, 516, 518
player conduct policies, 64–65, 72, 75–76
public investment in stadiums, 565
race relations in, 529
relationship between owners, leagues, and commissioners, 45
on sports betting, 322
Sports Broadcasting Act (1961) and, 338–341
stadium development history, 564. See also Public development for professional sports stadiums
tort law and limited duty rule, 169
Major League Baseball Players Association (MLBPA)
on athlete representation, 264, 268–269, 270, 275–276
commissioner’s power and, 32–33
doping regulation and, 86, 89
first CBA and, 199–200
International Talent Committee (baseball), 248
Miller and, 30–31
player conduct policies, 67
Major League Baseball v. Rodriguez (2014), 98
Major League Soccer (MLS)
eligibility rules, 253–254
player movement, 450, 457–459, 464
public development for sports stadiums, 563, 570
Maki, Regina v. (1970), 142–143
Mandich v. North Star Partnership (1990), 71
Manfred, Rob, 322
Manziel, Johnny, 484–485
Maraniss, David, 267
Maravich, Peter, 482
Marijuana
Federal Control Substances Act on, 120–126
legal issues of, 120–126
NBA and NBPA on, 118
NFL and NFLPA on, 113–117
Marijuana Rescheduling Petition, In re (1988), 121
Mariucci, Steve, 531
Marlow, Daniel, 9
Martell, Tate, 291
Martin, Casey, 185–188. See also PGA Tour, Inc. v. Martin
Martin, Trayvon, 283–284
Martin v. City of Philadelphia (1966), 577–578
Maryland, daily fantasy sports laws, 588, 591, 596, 600
Masking agents, 127–128, 148–149, 518
Massachusetts
concussion law of, 353
daily fantasy sports laws, 586, 588–589, 591–592, 594, 596–597, 600, 603n31
Sport Parent Code of Conduct, 348
Massachusetts Institute of Technology, 10
Mathis, Robert, 517
Matthews v. NCAA (2001), 183–184
Maxwell, Vernon, 64
Mays, Carl, 23, 62
McCann, M., 71–72
McCormack, Mark, 266
McCormick v. School District of Mamaroneck (2004), 360
McFadden v. Grasmick (2007), 359
McGwire, Mark, 88–89, 112
McNabb, Donovan, 473
McNally, Jim, 7–10, 15, 32, 199–200, 270, 450–451
McSorley, Marty, 64
Mehri, Cyrus, 527–531
Meldonium, 92–93
Mendenhall, Rashard, 285
Merritt, LaShawn, 438–439
Messersmith, Andy, 31, 32, 199–200, 270, 450–451
Messner, Michael, 345
MetLife Stadium, 566–567
Metropolitan Stadium, 567–568
Meusil, Bob, 28
Mexico, marijuana and, 123
Meyer, Jane, 402–403
Meyer, Urban, 487
Meyer v. City of Cleveland (1930), 577
Miami Dolphins, 336
(p. 621) Mickelson, Phil, 473–474
Mild traumatic brain injuries (MTBI), 147–148
Millen, Matt, 531
Miller, Marvin, 30–33, 41–42, 268–269, 270
Miller, Shannon, 402
Miller, Vonn, 219
Miller-Ayala Athlete Agents Act (1996), 274
Mills, Jack, 271
Milwaukee American Association v. Landis, 28–29
Minneapolis construction costs, historical perspective of, 567–568
Minnesota Vikings, 73–74, 526–527
Mirra, Dave, 422
Mississippi
athletic services immunity law, 428
daily fantasy sports laws, 588, 590–591, 596, 597, 599
Missouri, daily fantasy sports laws, 586, 587, 590, 594, 596, 597, 599, 600n3
Mitchell, George, 65, 89
Mitchell Report, 89, 516, 518
Mixed martial arts (MMA), as blood sport, 140
Model Penal Code, 153–154
Moffett, Kenneth, 33
Molinas, Jack, 63
Molinas v. NBA (1961), 29–30
Moneyball (Lewis), 493
Montreal Expos, 64
Moore, Davey, 522
Moore, Steve, 64
Morehead, Aaron, 291
Morgenstern, Steven, 517
Morrison, Logan, 281
Moscow Laboratory, 99
Moses, Robert, 566, 577
Motorola, 545–546
Mourinho, Jose, 510
Moynihan, Daniel Patrick, 580
Multiemployer bargaining, 214–215
Murphy v. Erie County (1970), 578
Muscular Christianity, 346
Nabozny v. Barnhill (1975), 132–133, 136, 166
NASCAR, 281
Nash, Daniel, 15
Nashville stadium development, 575–576
National Agreement (baseball), 22–23
National Alliance of Youth Sports (NAYS), 348, 416
National American Boosters Club, 417
National Association (baseball), 21
National Athletic Trainers’ Association (NATA), 416, 417
National Basketball Association (NBA). See also Public development for professional sports stadiums
collective bargaining and, 198–199, 209, 213, 219–221
commissioner’s power and, 20, 29–30
desegregation of, 526
disability issues and sports participation, 187
D-League, 251
drug and doping policies, 86–88, 112, 117–118, 121, 126, 134–135
eligibility rules, 249–252, 258
FanDuel and, 544, 601
in-contract player movement, 453–455. See also Player movement
NBA Constitution, 47, 49–57
Non-Discrimination Policy, 51
player conduct policies, 63, 74–75
public investment in stadiums and, 565
race relations in, 529
relationship between owners, leagues, and commissioners, 45. See also Sterling, Donald
Sports Broadcasting Act and, 333, 338–340
SportsTrax and, 545–546
SportVU tracking systems used by, 494
National Basketball Association v. National Basketball Players Association (2005), 75
National Basketball Players Association (NBPA)
agent regulations, 276
on athlete representation, 269
collective bargaining, 219, 221
commissioner’s power and, 36–37, 39, 75
drug policies, 117–118
(p. 622) National Basketball Players Association (NBPA) (cont.)
on drug testing, 117–118
eligibility rules, 252
first collective bargaining agreement (1964), 201
NBA’s recognition of, 269
Sprewell arbitration, 36
National College Players Association (NCPA), 381
National Collegiate Athletic Association (NCAA). See also Eligibility rules; Professional and Amateur Sports Protection Act
amateurism and, 378–389
athlete representation and, 263, 265, 275
Bylaws on coaches, 377–378
Bylaws on draft process, 245, 259, 260n3
commercialization of, 371–372
on disability issues and sports participation, 182–185
Divisions and Conferences of, 370–372
doping regulation, 85, 86
Eddie Robinson Rule, 532–533
eligibility rules for professional sports, 239–240. See also individual leagues
historical perspective, 368–381
Intent to Use (ITU) registration system and, 483–487
judicial scrutiny of, 372–376
Law v. NCAA, 377–378
NCAA v. Tarkanian, 376–377
NCAA Division I Manual (2016-2017), 369–370, 377
pay-to-play cases, 389–390
player conduct policies, 68
players’ insurance by, 240–241
“Principle of Amateurism,” 378
Sanity Code, 369, 387
social media and, 283, 551–552
tension between amateurism and commercialism in, 367–368
Title IX and, 406
National Collegiate Athletic Association v. Board of Regents (1984), 371–372, 374, 375, 385
National Collegiate Athletic Association v. Christie (Christie I, 2013), 308–312
National Collegiate Athletic Association v. Christie (Christie II, 2014), 312–320
National Collegiate Athletic Association v. Christie (Christie II, 2016), 588, 592
National Conference of Commissioners of Uniform State Laws (NCCUSL), 263, 272–274
National Federation of State High School Associations, 178, 355
National Football League (NFL). See also Goodell, Roger; Public development for professional sports stadiums; Rooney Rule
Advisory Committee, 244–245
antitrust law and, 215, 226–227, 229–232
on athlete representation, 264
blood sport issues and, 148–149
collective bargaining and, 198, 203–204, 209, 211, 213, 217–218, 219–221
commissioner’s power and, 40–41
concussion legislation and, 351–352
“concussion suits” and, 145–149
Deflategate, 5–16
desegregation of, 526
DraftKings and, 601
drug and doping policies, 86–88, 113–117, 121–126, 132, 135
eligibility rules in, 242–246, 258–259, 260n5
fantasy leagues and, 544
Heads Up Football, 423
in-contract player movement, 453–455. See also Player movement
Mild Traumatic Brain Injury Committee (MTBI), 512–513
NFL Properties, 232
player conduct policies, 65–67, 71, 73, 76–78
public investment in stadiums, 565
relationship between owners, leagues, and commissioners, 45
social media and, 284–285, 547
sports analytics technology of, 494
Sports Broadcasting Act and antitrust protection, 329–330, 332–339, 341
Sunday Ticket, 337
team doctors required by CBA, 509–510
National Football League, United States v. (NFL I), 330–331, 334
(p. 623) National Football League, United States v. (NFL II), 332, 333, 339–340
National Football League Players’ Association (NFLPA)
on athlete representation, 264, 269, 275–276
collective bargaining and, 219–221
decertification and antitrust law, 203–204
Deflategate and, 11–15
doping regulation, 87
drug policies, 113–117
first collective bargaining agreement (1970), 201
NFLPA v. NLRB (1974), 31–32
NFLPA’s Memorandum of Law in Support of Motion to Hold the NFL in Civil Contempt (2015), 74
National Football League Players Association v. National Labor Relations Board (2015), 70, 73
National Hockey League (NHL). See also National Hockey League Players Association; Public development for professional sports stadiums
on athlete representation, 264
Bettman and, 64, 71, 322
blood sport issues of hockey, 147–148
collective bargaining and, 213
criminal prosecutions in hockey, 142–143
doping regulation, 86–87, 89–90
DraftKings and, 544
first collective bargaining agreement with NHLPA (1967), 201
in-contract player movement, 453–455. See also Player movement
NHL Constitution, 46
player conduct policies, 63, 64
public investment in stadiums, 565
relationship between owners, leagues, and commissioners, 45
Sports Broadcasting Act (1961) and, 338–340
tort law and spectator injuries, 167–168
National Hockey League Players Association (NHLPA)
on athlete representation, 264, 275–276
first collective bargaining agreement (1967), 201
National Hockey League Players Association v. Bettman (1994), 71
National Institute on Drug Abuse, 129
National Labor Relations Act (NLRA)
collective bargaining and, 112–113, 210–212
employee status of student-athletes, 381–383
NLRB election process, 200–201
player conduct policies, 70
player movement and, 452
National Labor Relations Board (NLRB)
commissioner’s power and, 31–32
social media policy and, 559
National League, commissioner’s power and, 21, 22, 24, 35
National Softball Tournament, 345
Nationals Park, 567
Nationwide Children’s Hospital, 417
NBC
college sports and, 373
sports broadcasting by, 333, 339
NCAA v. Tarkanian, 372–376, 376–377
NCPA (National College Players Association), 381
Negligence
negligent hiring, 419–420
tort law, 162–163
waivers for recreational sports, 427–428
Netherly, Mannie, 291
Neurology, 146
Nevada
sports betting in, 297–298
UNLV college sports, 376–377
Newcombe, Don, 170
New England Patriots, 497
New Haven Register, on early PEDs, 514
New Jersey
adult behavior at youth sports events, law on, 348–349
Christie I (2013), 297, 308–312
Christie II (2014), 312–320
Christie II (2016), 588, 592
daily fantasy sports, law on, 588, 592, 593
(p. 624) New Orleans Hornets, 39–40
New Orleans Saints, 40–41, 77–78
Newsome, Ozzie, 532
New York (state), daily fantasy sports laws, 586–588, 590, 594, 596–599, 602n7, 603n21
New York v. United States (1992), 310, 316
New York City
construction costs, historical perspective, 566–567
public investment for stadium development in, 572–573
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 444
New York Jets, 526–527
New York Times
Miller and, 31
on Title IX, 398
New York Yankees, 35, 481
Nichols v. Western Local Board of Education (2003), 349
Nike, trademark of, 471, 473, 476, 482, 487
NLRB v. See name of opposing party
Nondisclosure and noncompete agreements, 498–499
Nonstatutory labor exemption, 217–219, 238
Norris-LaGuardia Act (1932), 196, 204, 210, 216, 220–221
Northwestern University, 184–185
Northwestern University & College Athletes Players Association (2015), 381–383
No Tax Subsidies for Stadiums Act (H.R. 4838), 580
Oakland Athletics, 32–33, 35
Obama, Barack
on Private Security Test, 580
on Sterling’s removal, 52
O’Bannon, Ed, 381, 386–389
O’Bannon v. NCAA (2014), 386–389, 390
O’Brien, Larry, 48, 50
Occupational Safety and Health Administration (OSHA), 205–206
Ochoa v. California State University, Sacramento, 428
Offerman, Jose, 170
Off-field misconduct. See Player conduct policies
Office of Civil Rights (U.S. Department of Education). See also Title IX of the Education Amendments
disability issues, 181–182
discrimination investigations by, 404
Office of the Commissioner of Baseball v. Markell (2009), 306
Ogunleye, Adewale, 243–244
Ohio State University, 243, 487
Ohr, Peter Sung, 381–383
Oklahoma Athlete Agent Act, 272
Olympic Movement, 433–448. See also Paralympic Movement
bioethics and, 516, 518
constituents of, 433–434
Court of Arbitration for Sport (CAS), 435–445. See also Court of Arbitration for Sport
disputes, 434–435
doping regulation and, 83–84, 85–86, 98–99
International Olympic Committee (IOC), 90–91, 433–436, 438–439, 441–444, 516
national organizing committees (NOCs), 433–434
Paralympic Movement, 188–190
United States Ski Team, 383–386
O’Malley, Walter, 566
Omalu, Bennet I., 146–147
O’Neal, Jermaine, 39, 75
One-and-done players, 251
Online News Association, 557
Operacion Puerto scandal, 100
Opiods. See Drug policies
Ordway v. Superior Ct. of Orange County (1988), 144
Oregon
concussion law of, 356
historical perspective of race in, 535–536
(p. 625) House Bill 3118, 533–536
negligent hiring, proposed law on, 419
Portland and Charles Jordan Standard, 525–526, 536–539
Orlando Magic, 54–55
Orza, Gene, 38
Owen, Terrell, 481
Pac-12 Conference, 372
Pace, Tony, 271
Pain medication. See Masking agents
Paralympic Movement
Amateur Sports Act and, 176, 188–190, 434
Pistorius v. IAFF, 440–441
youth and high school athletes in, 359
Parcells, Bill, 531
Parents
recreational sports and behavior of, 417–418
youth sports and behavior of, 347–349
Parker, Barrington, Jr., 14–15
Parker, Candace, 255
Parker v. Franklin County Community School Corporation (2012), 360
Participation agreements, recreational sports, 425–426
Pash, Jeffrey, 8, 13–14, 529
Patent and Trademark Office (USPTO), 473, 475–476, 478–484, 486
Paul, Chris, 39–40
Payments in lieu of taxes (PILOTs), 572–573
Payton, Sean, 40
Pay-to-play cases, 389–390
Pearlman, Jeff, 37
Pechstein, Claudia, 446–447
Pennsylvania, law on concussion, 353–354
People v. See name of opposing party
Percentage Baseball (Cook), 492
Performance-enhancing drugs (PEDs). See also Drug policies
bioethics of, 513–519
effects of, 126–127
history of laws regulating PEDs, 128–129. See also Doping regulation
legal issues of, 129–136
pervasiveness of, 112
types of, 127–128
Pernetti, Tim, 288
Personal seat licenses (PSLs), 569–570
Petco Park, 579
Peterson, Adrian, 73
PGA Tour, Inc. v. Martin
blood sports and, 154
disability issues and sports participation, 177, 185–188
disability issues of youth and high school athletes, 358–359
Philadelphia Ball Club v. Lajoie (1902), 22
Philadelphia Base Ball Grounds, 564
Philadelphia Phillies, 22, 199–200, 564
Philbrick, Daniel, 477–478
Phoenix Suns, 171–172
Physician-patient confidentiality, 510–511
Picou v. The Hartford Insurance Co. (1990), 152
Pierscioinek v. Illinois High School Association (2015), 148
Pietrusza, David, 27
PILOTs (payments in lieu of taxes), 572–573
Pinard v. Clatskanie School District 6J (2006), 363
Pippen, Scottie, 36
Pistorius, Oscar, 189–190, 440–441
Pistorius v. International Association of Athletics Federations (2008)
disability issues and sports participation, 189–190
Olympic Movement Court of Arbitration for Sport, 440–441
Pittsburgh Pirates, 23
Pittsburgh Steelers, 88, 529–531
Playbooks, protection of, 496
Player conduct policies, 61–81
arbitral review commissioner’s actions, 72–78
commissioner’s “best interests” power, 67–69
due process and collectively bargained limitations, 70–72
historical perspective, 62–65
leagues’ adoption of personal conduct policies, 65–67
leagues’ expectations of players and, 61
(p. 626) Player movement, 449–469
competition/antitrust law and, 459–464
free agency (out-of-contract player movement), 454, 456–457, 462, 464
general methods of, 452–453
in-contract player movement, 453–456
nationality restrictions and, 457–459
North American and European professional leagues, compared, 449–450
private law regulations, 450–451
public law regulatory background, 451–452
social media law and, 551
Playground Movement, 346
Podoloff, Maurice, 29–30, 63
Poe v. Hillsborough County (1997), 578–579
Pollard, Fritz, 531
Pop Warner, 148, 412, 416
Portland (Oregon), Charles Jordan Standard of, 525–526, 536–539
Portland State University, 533–536
Powell v. NFL (1989), 218–219
“Power 5,” 372
Prescott, Dak, 485
Pressel, Morgan, 256
PriceWaterhouseCoopers, 542, 544
Primary assumption of risk, 163–167, 424–426
Prince, Epiphanny, 255
Printz v. United States (1997), 310, 316
Privacy, in social media context, 549–550
Private Business Use Test, 568
Private Security Test, 568, 571, 580
Prize fighting, as blood sport, 139–140
Product-related torts, 172
Professional and Amateur Sports Protection Act (PASPA, 1992). See also Daily fantasy sports
challenges by DOJ and Grassley, 307–308
Christie I (2013), 297, 308–312
Christie II (2014), 312–316
Christie II (2016), 588, 592
enforcement, 304–305
federal legislation potential, 321–324
“grandfather” provisions, 305–307
legislative history of, 302–303
overview, 297–299
prohibited activities of, 585–586
statutory language and scope, 303
U.S. Supreme Court review, 316–318
Professional Football Association (Britain, Wales), 548–549
Professional Golf Association (PGA)
bioethics and, 518
eligibility rules, 256
Professionalization of youth sports, 347–349
Professional sports stadiums. See Public development for professional sports stadiums
Prohibited List (WADA Code), 92–93
Propranolol, 517–518
ProServ, 266–267, 270
Public development for professional sports stadiums, 563–584
ancillary development, 573–575
challenges to public investment, 575–580
due diligence in preparation for stadium proposal, 580–581
history of stadium development, 564–569
overview, 563–564
sources of public investment, 571–573
sources of team contribution, 569–570
Publicity rights, 170–171, 387
Public purpose doctrine, 577–580
Public relations, social media and, 287–288
Punishment and penalties. See also Criminal charges and criminal law; Tort law
in Deflategate, 10–12
NBA and NBPA drug policies, 117–118
NFL Substance Abuse Policy, 115–117
sanctions, WADA Code, 94–95. See also Doping regulation
Pyle, Charles C., 266
Queensbury Rules, 144
Quinnipiac University, 397–398
Race relations
desegregation of NFL, MLB, NBA, 526. See also Rooney Rule
in NBA, 529
Sterling and, 51–58
Racketeer Influenced and Corrupt Organizations (RICO) Act, 503–504
Radovich v. NFL (1957), 198, 229
Ramos, Sugar, 522
Random testing. See Doping regulation; Drug testing
(p. 627) Rapp, Geoffrey, 146–147
Raymond James Stadium, 578–579
Readiband (Fatigue Science), 520
Reasonable accommodations, 177, 357–359
Reckless conduct
recklessness standard, 132–136
in recreational sports, 417
Recreational sports, 411–431
adventure sports and, 412
assumption of risk, 424–426
concussions, 421–424
defined, 411
duty of care in, 413–416
legal defenses, overview, 412–413, 424
legal threats and prevention strategies, overview, 412–413
statutory defenses, 428–429
subcategories, 411–412
violence in recreational youth sports, 416–421
waivers, 426–428
“Redskins,” trademarks and logos, 479
Red Stockings, 22
Reebok, 231
Regina v. See name of opposing party
Registered trademarks, 472–476. See also Athlete trademarks
Regulations on the Status and Transfer of Players (FIFA), 451
Rehabilitation Act (1973)
disability issues in sports, overview, 176–178
intercollegiate sports, 183–185
interscholastic sports, 180, 181
Paralympic Movement, 189
Section 504, 181, 357–359
youth and high school sports, 357–359
Rendell, Marjorie, 588
Representation. See Athlete representation
Reserve clause (baseball)
collective bargaining and workforce protections, 199–200, 202–203
player movement and, 450–451
Residency requirements, for players. See Eligibility rules
Res ipsa loquitur, 8
Respondeat superior doctrine, 420–421
Restatement (Third) of Agency, 263
Restatement (Second) of Torts, 130–136
Restricted earnings coaches (REC), 378
Restricted free agents (RFAs), 456
Return-to-play (RTP) protocol, 422–424
Revenge on social media, 556
Revenue and Expenditure Control Act (1968), 568
Revised Uniform Athlete Agents Act (RUAAA), 274
Reynolds, Harry “Butch,” 435, 442
Rhode Island
athletic services immunity law, 428
daily fantasy sports laws, 592
Rice, Mike, 288
Rice, Ray, 78
Richmond v. J.A. Croson Co. (1989), 539
Riddell Concussion Reduction Litigation, In re. (2015), 147
Right to publicity, 170–171, 387
Ringo, Jim, 267
Risberg, Charles “Swede,” 25, 27
Robert F. Kennedy Memorial Stadium (Washington, D.C.), 567
Robertson, Oscar, 269–270
Robinson, Eddie, 533
Rocker, John, 37–38, 76
Rodgers, Aaron, 6
Rodman, Dennis, 64
Rodriguez, Alex, 98
Roe ex rel. Callahan v. Gustine Unified School District (2009), 356, 357
Romanowski, Bill, 132, 135
Rooney, Dan, 529–531
Rooney Rule, 525–540
Charles Jordan Standard as analog to, 525–526, 536–539
coaching inequity in NFL, 526–529
Eddie Robinson Rule in NCAA and, 532–533
impact on NFL, 531–532
inception of, 529–531
Oregon House Bill 3118 and, 533–536
Roosevelt, Franklin D., 197
Roosevelt, Ted (son), 368–369
Roosevelt, Theodore, 144, 368–369
Rose, Derrick, 284
Rose, Pete, 33–34, 298, 513
Rose v. Giamatti (1989), 33–34
Rosewell, Ken, 270
Rousey, Ronda, 471, 473, 474, 478
(p. 628) Rozelle, Pete, 31–32, 334
Rozelle Rule, 217–218, 230
RTP (return-to-play) protocol, 422–424
RUAAA (Revised Uniform Athlete Agents Act), 274
Rubin, Carl, 34
Rudi, Joe, 32
Rule of Reason, 225–228, 378, 388, 462
Russell, Steve, 580
Russia, Olympics and doping regulation, 83–84, 98–99
Rutgers University, 288
Ruth, Babe, 27, 265–266
Sachs, Sam, 533–537
Safe-harbor provision, sports betting and, 301
Safety issues. See also Concussion; Sexual harassment and sexual violence
duty of care in recreational sports, 413–416. See also Recreational sports
safety of information. See Sports analytics
violence in recreational youth sports, 416–421
St. Louis Browns, 28–29
St. Louis Cardinals, 497, 501–503, 504
St. Louis Police Officers Association, 284–285
St. Louis Rams, 284–285
Salaries. See Compensation
Sanchez, Mark, 290
San Francisco Clippers, 198
Sarkisian, Steve, 480, 482
Saturday broadcasts of college football, 334, 373
Scalia, Antonin, 2, 186
Schacker, People v. (1998), 155
Schiano, Greg, 282
Schott, Marge, 20
Scott, Frank, 266
Seamons v. Snow (1996), 362
Seattle Supersonics, 198
Seau, Junior, 146–147
Second-impact syndrome, 351–352, 422–424. See also Concussion
Section 504 (Rehabilitation Act, 1973), 181, 357–359. See also Rehabilitation Act (1973)
Securities and Exchange Commission, 54
Seitz, Peter, 31, 199–200, 270, 450–451
Self-regulatory approach, doping and, 90
Selig, Bud, 37–38, 65, 76
Sexual harassment and sexual violence. See also Criminal charges and criminal law; Title IX
in recreational youth sports, 418–419, 420–421
sexism directed at female athletes and journalists, 556–557
social media law and, 550–551
Sterling and, 51
Title IX and, 400–401
“The Shame of College Sports” (Branch), 383
“Shaming could be the best fix for Olympic Doping” (Sunstein), 514
Shapiro, Len, 530
Shaw v. Dallas Cowboys Football Club (1999), 336–337
Shea, William, 271
Shefsky, Lloyd, 271
Shelby County v. Holder (2013), 317–318
Shelley, State v. (1997), 143–144, 153–155
Sherman, Richard, 88
Sherman Antitrust Act (1890)
on collaborative vs. unilateral conduct, 225–227
collective bargaining and, 195–201, 204, 215
college athletics and, 373–376
eligibility rules, 238–239, 241
NCAA and amateurism, 386–389
NCAA and pay-to-play, 389–390
player movement and, 451
Sports Broadcasting Act (1961) and, 329–332, 335, 337, 340. See also Sports Broadcasting Act
Shuman, Jamal, 283
Silver, Adam
commissioner’s power and, 42
NBA drug policies and, 126
order to remove Sterling, 20, 52–55. See also Leagues and owners
on sports betting, 298–299, 321–322
views on social media, 284
Single-entity doctrine, 225–236. See also Antitrust law
(p. 629) American Needle, 226, 227, 231–232
“core” activities, 232–234
“interstate commerce,” scope of, 228–230
Rule of Reason, 225–228
Sherman Act on collaborative vs. unilateral conduct, 225–227
Skateboarding, chronic traumatic encephalopathy and, 422
Skechers, 480
Smith, J. R., 289
Smith, Steve, 69
Smith, Will, 40–41
Snapchat. See Social media
Snyder, Cole, 290
Soccer
American Youth Soccer Organization (AYSO), 346–347
Fédération Internationale de Football Association (FIFA), 450–451, 455–456, 458, 460–462, 464, 503–504
Major League Soccer’s eligibility rules, 253–254
US Soccer Federation on safety, 422–423
Social dialogue process, 452
Social media, 279–296, 541–562
athletes and coaches as social media broadcasters, 548–552
fantasy leagues and specialized sports social media, 544–545
identity expression by athletes, 280–288
importance of social media, 543–544
protection issues and technology, 288–291
regulation for athletes by contract, 557–561
regulation for athletes by law, 552–554
risk of harm to athletes, 555–557
social media, defined, 543
social media as sports broadcasting, 545–548
sports law context of, 541
understanding social media, 279–280, 541–543
user-generated content, 542
Society for American Baseball Research, 492
Somatic cell modification, 519
Song, Aree, 256
Southeastern Conference, 372
Southport Little League v. Vaughan (2000), 421
Sovereign immunity, 428
Spectator injuries, 167–169
Specter, Arlen, 580
“Sponsored telecasting,” 333–334, 336–337
Sportradar, 322
Sports Agent Responsibility Trust Act (SPARTA), 274–275
Sports analytics, 491–508
criminal law remedies and, 502–504
future of, 506
information security for, 504–505
league rules and norms, 496–497
nondisclosure and noncompete agreements, 498–499
rise of, 491–496
trade secrets and, 499–502
Sports betting, 297–328. See also Daily fantasy sports
commissioner’s power and, 24, 36–37
federal legislation potential for, 321–324
information security and, 505
social media law and, 544–545
Wire Act and, 297–298, 299–302
Sports broadcasting
cable television growth and effect on sports, 61, 324, 330, 371–373
Federal Communications Commission’s role, 552
Football Television Plan, 373
hate speech directed at female journalists, 556–557
NCAA and television appearances, 371–372
rise of, in 1980s, 48–49
social media as, 545–548. See also Social media
Sports Broadcasting Act (SBA, 1961), 329–343
antitrust protection and, 329–330, 332–339, 341
Congress’s enactment of, 332–336
judicial interpretation of, 336–337
legacy and continued importance of, 338–342
origin of, 330–332
SportsFanLive, 544
(p. 630) Sports Illustrated
on athlete representation, 266, 267
on commissioner’s power, 37–38
trademarked name of, 477
Sports law, practice and study of, 1–5. See also specific sports
antitrust considerations. See Antitrust law
arbitration. See Arbitration