BUS 493:
Sports Law
Professor: Brad Reich
Office: Mc108B
Email: breich@ups.edu
Telephone: 253 879 3569
Class Time and Location: 12:30-1:50 TTh McN107
Office Hours:
Times: MW 8:00-10:00 and by appointment.
I’m frequently around anyway.
Course Description:
This course will discuss and analyze historical and current legal issues shaping amateur
and professional sports in the United States. For clarification, “amateur” sport discussion
will be largely limited to Division I inter-collegiate athletics, and “professional sports”
will focus on sports played in exchange for compensation in the United States. We will
undertake this analysis so as to understand the legal aspects of what is, often, the
“business of sports”. We will recognize, at all times, that though this course is grounded
in sports, its true base is in traditional areas of law including, but not limited to:
employment, contract, tort, labor, intellectual property, and criminal law. This class will
contain a major, independent research project.
Required Texts and Important Resources:
1. This course is case law intensive. Much of your research will be done online. You
will need regular access to LexisNexis. This legal search engine is already provided,
without cost to you, through the UPS library.
2. It is YOUR responsibility to locate, print, and read ALL designated materials prior to
their respective class sessions. If I will hand out materials, the syllabus will state so
(“H/O”).
3. I will direct you to additional sources as I deem necessary during the course of the
semester.
4. I STRONGLY suggest that you print and keep all cases and materials organized in a
binder. You will find this is in your best interest, but it is not a requirement. If I were
you, I would then treat my binder like a textbook.
5. You might also find though provoking discourse at http://sports-law.blogspot.com/,
although this is not a mandatory source.
Course Objectives:
1. Cover substantive material as required by the course description.
2. Develop an understanding of the continuing evolution of sports legal issues as defined
and discussed in American case law and commentary.
3. Develop high-level critical thinking skills.
4. Develop high-level research skills.
5. Demonstrate high-level critical thinking skills through oral and written mechanisms.
6. Emphasize continuing learning, thinking, and accountability.
Requirements and Expectations:
1. Attendance is mandatory.
2. You will arrive ready to contribute, utilizing materials assigned.
3. If you cannot arrive before class begins, DO NOT COME IN.
4. IF THE DOOR IS CLOSED DO NOT COME IN (unless you have already been in,
leaving to use the restroom is a common example).
5. Read the syllabus/schedule frequently.
6. Participate.
7. Meet due dates and deadlines
This class can (should) be fun and very interesting. It requires frequent communication
both within and outside of class and between students and faculty and among students. If
you are not here, or do not actively participate, it hurts you and others. Attendance is
mandatory. If you have a conflict you must get permission from me to miss class
PRIOR to missing class. If you miss class without prior permission I will reduce
your overall grade at my discretion. If you fail to meet requirements I will reduce
your overall grade at my discretion.
Having said that, if you make meaningful contributions in class work and discussions, I
may add participation credit to your grade at my discretion.
Email/Communication:
Email communication is not perfect; do not expect it to be.
There may be times that I send mass emails to the entire class. I will do so using
PeopleSoft. It will automatically send the email to whatever address Puget Sound has as
your primary email address. For most of you that will be your UPS email account, but
some of you will have created a different account and I won’t know it. You are
responsible for checking your email accounts regularly.
There may be times that you email me. If you do not get a response I DID NOT
receive your email. I always respond to student emails, although some may only
receive a “Got it” acknowledgement.
You must check your email at least once per day.
Grading:
Discussion Leaders:
Assignment 1: Employment?
Assignment 2: Liability?
Assignment 3: Your Choice
40
60
100
200
TOTAL
400
“Discussion Leaders” Explained:
Each of approximately 20 class sessions will be lead by a team of two students
(“Discussion Leaders”). Those Discussion Leaders are responsible for the materials
assigned in this syllabus as well as one more “external piece” each team finds and
delivers. This external piece can be anything you believe further educates the class on
the topic. As examples you may find another case, an article, you may create an in-class
exercise…it is entirely up to your team.
Each time your team is Discussion Leaders, you shall submit to me a thorough, written
analysis of the materials assigned and what you chose to utilize as your “external piece”.
This is due at the beginning of class time each day your team is “up”. The written
submission is limited to six pages, 1 ½ spaced, single-sided, with 12 point font. You will
discuss/use the external piece as appropriate in your Discussion Leader roles. If it is an
exercise or visual, we will obviously use it in class. If it is a source, you must provide it
to the class during your session (the easiest way to do this is in a handout with a citation
and synthesis or abstract) and then lead our collective discussion.
Now, why make such assignment? The answer is twofold (and both are designed to help
you, your team, and the entire class). First, this is a research seminar course largely lead
by students. In other words, you have a responsibility, to each other, to be prepared and
informed. This will help you achieve that. Second, I want you to engage in independent
research early and often, and this is a way to begin that in a manageable fashion. Later,
each student will develop a major research composition, on a topic of his/her choice,
which will account for 50% of the total course grade. At least some of your external
sources are likely to be used in those final works and your ideas may well generate
additional ideas.
Each team of Discussion Leaders will lead multiple sessions (likely 2-4), therefore each
group will have multiple submissions. I will utilize the submission scoring the most
points for total grade scoring purposes (so only your highest score counts). For each
submission I will assess a) your analysis and understanding of the required materials b)
identification of the external source c) what is says/holds/develops d) how that
specifically applies to this day’s topic and e) why that is significant.
NOTE I: Anything that is due “class time” is due at the beginning of that class period,
not during or by the end of it. Late submissions will be reduced at my discretion and will
incur, at a minimum, a 5% point reduction. I may refuse to accept them, period.
NOTE II: I do not submit hand written materials to you and I will not accept them from
you.
I plan to assign letter grades using the following scale, although I reserve the right to
modify it as I deem necessary:
A
AB+
B
BC+
C
CD+
D
DF
376-400
360-375
348-359
336-347
320-335
308-319
296-307
280-295
268-279
256-267
240-255
0 - 239
Mid-Term Grades:
School regulations require me to issue a mid-term grade of “S” (Satisfactory), “U”
(Unsatisfactory), of “F” (Failing the course). You will only be notified of your mid-term
grade if it is a U or an F. However, this grade only represents your status at a particular
point in time and your final letter grade could differ significantly (for better or worse)
from your mid-term grade.
What you REALLY need to understand:
1. You are enrolled in an institution of higher learning. Diligence is expected. This is not
a class based on “effort credit” and “effort credit” will not factor in to your grade. In
other words, never confuse effort with achievement. You may feel that a certain amount
of effort or time should equal a certain grade. It does not. You can spend a long time
doing something incorrectly or you may master something very quickly. Your scores are
based on objective assessment criteria. If you meet those you will score points, if you do
not, you will not. I will not gift points for “trying hard”. On the other hand, if you can
excel with minimal effort, I will not deduct points because you did not have to work
“hard enough”.
2. This class is about Sports Law. It may sound cool to take a course where you just talk
about sports all day, but that is not what we will do. We will examine sports through a
legal lens, and research the legal issues arising from sports accordingly. As an example,
we may discuss LeBron James’ triple double last night, but we will tie it into issues
ranging from intellectual property (his relationship with Nike’s “Heart of a Lion” line) to
labor law/contract law/employment law (his ability to opt out of his current contract in
the upcoming year and what that means under the new collective bargaining agreement).
We will talk sports, a lot, but we won’t just talk sports. Prepare yourselves, and your
expectations, accordingly. Having said that, it will still be cool.
Extra Credit:
Extra credit is completely up to you. I will not suggest topics. If you wish to pursue
extra credit it is your duty to do the following via email:
1. Propose a project.
2. Propose a specific number of hours that you expect to put into the project.
3. Propose a point value for the project.
4. Propose a due date.
If we can reach agreement on the preceding four points, I will authorize you to pursue the
project. I will not accept any unauthorized submissions.
NOTE I: I will not accept any proposals during the last FULL week of classes. This
means that if you wish to pursue extra credit I must have authorized your proposal no
later than 11:59 pm on the Sunday immediately preceding the last full week of classes.
NOTE II: I will not accept any final submissions later than 11:59 pm on the Sunday
preceding the last PARTIAL week of classes.
NOTE III: I view extra credit as, almost always, nothing more than an attempt to recapture lost points. There is generally little “extra” to it, so I will not entertain any
proposals that exceed 10% of the total points available for the course (and you are really
going to have to convince me that what you are proposing is worth 1/10 of the assessed
course work). My rationale is that extra credit cannot have so much value that it actually
negates substantive requirements.
NOTE IV: You MUST put the total points possible on your submission’s coversheet. If
you do not I will not score it.
Special Needs/Disabilities:
Students with disability concerns are urged to contact the Disability Services Coordinator
at 253 879 2692 as soon as possible. I cannot accommodate a disability without an
official Directive from Disability Services.
Academic Dishonesty:
Just don’t do it in any way, shape, or form. If you do, it will be painfully obvious and I
am then required to do the following:
D. If the faculty member determines that a violation of academic integrity has occurred,
he or she is required to submit to the Registrar an Academic Integrity Incident Report
(available from the Office of the Registrar), including reasonable documentation of the
violation. The report should also indicate penalties the instructor intends to impose and
whether or not the instructor recommends further sanctions through the Hearing Board
process.
Please see http://www.ups.edu/x4718.xml for additional details and information.
Emergency Procedures:
Please review university emergency preparedness and response procedures posted at
www.pugetsound.edu/emergency/. There is a link on the university home page.
Familiarize yourself with hall exit doors and the designated gathering area for your class
and laboratory buildings. The following two paragraphs were provided by the University
for further clarification:
If building evacuation becomes necessary (e.g. earthquake), meet your instructor at the
designated gathering area so she/he can account for your presence. Then wait for further
instructions. Do not return to the building or classroom until advised by a university
emergency response representative.
If confronted by an act of violence, be prepared to make quick decisions to protect your
safety. Flee the area by running away from the source of danger if you can safely do so.
If this is not possible, shelter in place by securing classroom or lab doors and windows,
closing blinds, and turning off room lights. Stay low, away from doors and windows, and
as close to the interior hallway walls as possible. Wait for further instructions.
Disclaimer:
I do not expect to, but I reserve the right to change any part of this syllabus, at any time,
for any reason, as I deem necessary.
COURSE CHRONOLOGY
NOTE I: There are some links to videos in this section. Discussion Leaders are
responsible for providing (showing) the content in class (so make sure the links work and
your technology is ready to go). It is NOT necessary for students other than the
Discussion Leaders to view the links content prior to class. Please note that some content
may be disturbing, but it is my intent to use it to frame and further discussion, not to
shock or offend.
NOTE II: In addition to the video links, there are links to other sources. Before you
contact me to tell a link “doesn’t work”, please do ALL of the following: cut and paste
the link (making appropriate formatting adjustments if the link is interrupted due to
spacing), key the link in yourself, and search for the article by author/title/source as
available. If you have done ALL of these, and the link is unavailable, please notify me
IMMEDIATELY.
NOTE III: This is a research seminar. Your final grade is compiled from your scores on
four assessment pieces. The final one is worth 50% of your total grade and is a “Student
Choice”. The assignment will go out approximately one month before the project is due
and approximately one month before the class ends. I urge you to look ahead in the
syllabus to see if what you are interested in writing about will be covered during the
semester. If so, I urge you to read through that material as a staring point for your own
research and ideas. In other words, you are not required to wait until we get to a topic to
utilize the information available to you and it is likely a very good idea to get a head
start.
NOTE IV: This attempts to be a comprehensive syllabus. As a result, page breaks may
disrupt the natural flow of content. Make sure you ALWAYS flip the page when you
come to the end as the day may be continued on the next sheet.
NOTE V: Sometimes you will see breaks between sources, within a class session, like
this:
1.
2.
3.
4.
This is not (hopefully) an error, it means that sources 1 and 2 fit together, as do 3 and 4. I
STRONGLY suggest you read and present materials in the order provided.
Date
Class
Topic/Subtopics
9/3
Class 1:
Introduction and Overview
9/5
Class 2:
Legal Research Class
NOTE: Meet in ____________
H/O: Lexis/Nexis materials
DUE: Email me Discussion Leader pairings by 5:00 today.
9/10
Class 3:
The Division I “Student Athlete”
NOTE: No Discussion Leaders for this class.
Required Sources:
1. Van Horn v. Indus. Accident Comm.’n, 33 Cal. Rptr. 169 (Cal.
Ct. App. 1963).
2. Rensing v. Indiana State Board of Trustees, 444 N.E.2d 1170
(Ind. 1983).
3. Watson v. Graves, 909 F.2d 1549 (5th Cir. 1990).
4. Report Makes Case for Paying Players (available at
http://espn.go.com/college-sports/story/_/id/6962151/advocacygroup-says-top-college-athletes-worth-six-figures
External Piece (I use this as example for what you may do
when you lead the course, for this one I chose to create an
exercise based on the Green article):
Jon Green, Pay College Athletes and
Stop Pretending its “Just for Fun” (available at
http://americablog.com/2013/04/we-should-paycollege-athletes.html)
DUE: Email me the name of your “Discussion Leader” pair for the
course by 5:00 today. If you are unclear what this role will
require, see the explanation under “Grading” above.
9/12
Class 4:
Eligibility and Participation
Required Sources:
1. Administrative Guidelines and Interpretations for the 2013-14
National Letter of Intent (available at
http://www.ncaa.org/wps/wcm/connect/cfefa2004e0dc6e994fbf4
1ad6fc8b25/Administrative+Guidelines+%2810+1+10%29.pdf?
MOD=AJPERES&CACHEID=cfefa2004e0dc6e994fbf41ad6fc
8b25
NOTE: You are likely to come back to this document at other
points in the semester. Today we will not cover the entirety of
it, but we probably will address issues such as “Satisfying the
Terms”, “Financial Aid”, and “The NLI Penalty”.
2. Cureton, et al., v. NCAA, 37 F.Supp.2d 687 (E.D. Pa. 1999).
3. Tatum v. NCAA and St. Louis University, 992 F.Supp. 1114
(E.D. Mo. 1998).
4. Bloom v. NCAA, 93 P.3d 621 (Colo. App. 2004).
9/17
Class 5:
Equal Opportunities and Title IX
Required Sources:
1. H/O: Title IX Text (in class)
2. Neal v. Board of Trustees, 198 F.3d 763 (9th Cir. 1999).
3. Report: Schools Fixing Numbers to Comply with Title IX
(available at
http://www.cbssports.com/collegefootball/story/14995281/
report-school-fixing-number-to-comply-with-title-ix/rss)
4. Miller v. University of Cincinnati, 2008 U.S. Dist. LEXIS 4339.
5. Williams v. School Dist. Of Bethlehem, 998 F.2d 168 (3rd Cir.
1993) (NOTE: we will not address the Pennsylvania Equal
Rights Amendment Claim).
H/O: Assignment #1
9/19
Class 6:
NO CLASS: Washington Supreme Court visits campus
9/24
Class 7:
The Shame of College Sports (The Conferences)
NOTE: No Discussion Leaders for this class.
1. Conference Television Deals (available at
http://espn.go.com/blog/playbook/dollars/post/_/id/3163/acomparison-conference-television-deals)
2. Big-Spending Ohio State Could Change Nickname to BucksEyes (available at http://www.aolnews.com/2010/06/29/bigspending-ohio-state-could-change-nickname-to-bucks-eyes/)
3. Eamonn Brennan, Final Four Runs Huge Off the Court too
(available at
http://espn.go.com/blog/collegebasketballnation/post/_/id/2
8911/
final-four-runs-huge-off-the-court-too)
4. Ralph D. Russo, 10 Things to Know About College Football
Playoff (available at
http://news.yahoo.com/10-things-know-college- footballplayoff-223759841--spt.html)
5. ESPN Gains Rights for College Football Playoff System (at
http://www.nj.com/collegefootball/index.ssf/2012/11/espn_
gains_tv_rights_for_colle.html)
6. The Trustees of Boston College v. The Big East Conference,
2004 Mass. Super. LEXIS 298
7. Matt Hayes, Foist-and-10: ACC v. Maryland Lawsuit Looms
Large in Realignment (available at
http://www.sportingnews.com/ncaa-football/feed/201208/firstand10/story/college-football-realignment-marylandacc-50-million-buyout-sec-big-ten-pac-12)
8. Ian Berg, ACC Announces Grant of Media Rights Agreement
for 15 Schools (available at
http://bleacherreport.com/articles/1613553-acc announcesgrant-of-media-rights-agreement-for-15-schools)
9. Big Bang Theories: The Countdown to Super-Conferences
(Part 2) (available at http://www.mrsec.com/2012/12/big-bangtheories-the-countdown-to-super-conferences-part-2/)
H/O: The Future of College Football
9/26
Class 8:
Contract Enforceability and Student Athletes
Required Sources:
1. Taylor v. Wake Forest University, 191 S.E.2d. 379 (N.C. Ct.
App. 1972).
2. Ross v. Creighton University, 957 F.2d 410 (7th Cir. 1992).
3. Outside the Lines: Unable to Read (available at
http://espn.go.com/page2/tvlistings/show103transcript.html).
4. Waldrep v. Texas Employers Insurance Ass., 2000 Tex. App.
LEXIS 4023 (NOTE: the Evidentiary Issues are optional).
10/1
Class 9:
Contract Enforceability and Professionals
Required Sources:
1. Minnesota Muskies, Inc. v. Hudson, 294 F.Supp. 979
(M.D.N.C. 1969).
2. Rodgers v. Georgia Tech Athletic Dept., 303 S.Ed.2d 467 (Ga.
Ct. App. 1983).
3. Review http://www.coacheshotseat.com/SalariesContracts.htm.
Be prepared to identify and discuss aspects of the current
Georgia Tech contract you find interesting, as well as one other
of your choice. This applies to all students, not just Discussion
Leaders.
4. O’Brien v. The Ohio State University, 2006 Ohio Misc. LEXIS
52.
NOTE: There is, on my office door, a sign up sheet for the
Individual Meetings scheduled for 10/8 and 10/10. If you have not
signed up for a slot, by 8:00 a.m. on 10/7, you and I will not meet
during those times and I will treat your failure to sign up as an
unexcused absence. The purpose of these meetings is to begin
discussing your plans for Assignment #3, a major Sports Law
research paper with a topic of your choice. There will also be a
hand out.
10/3
Class 10:
Contract Enforceability and Agents
Required Sources:
1. Andrew Brandt, An Agent’s Life isn’t All Glamour (available at
http://espn.go.com/nfl/story/_/id/8681968/nfl-agent-life-allglamour)
2. George Dohrmann, Confessions of an Agent (available at
http://sportsillustrated.cnn.com/2010/magazine/10/12/agent/
index.html)
3. Total Economic Athletic Management of America, Inc. v.
Pickens, 898 S.W.2d 98 (Mo. App. 1995).
4. Detroit Lions, Inc. v. Argovitz, 580 F.Supp. 542 (E.D. Mich.
1984).
5. Darren Heitner and Jason Belzer, Conflict of Interest: A Major
Threat to the NCAA and Pro Sports (available at
http://www.sportsandentertainmentlawblog.com/wpcontent/uploads/2013/02/Final-December-2012-Master.pdf)
NOTE: This article is on pp. 15-31 of the larger document.
You are only required to be responsible for IV. Adverse Effects
of Conflict on Interests on Players and Teams, subsections
(a)(i)-(iii). If you would like to know more about Lebron James
joining the Miami Heat, you might want to look at subsection
“c” as well. If you would like to know more, period, read the
whole thing.
6. Josh Luchs, An Idea that Might Help Clean Up College
Football: Agent Loans (available at
http://sportsillustrated.cnn.com/2012/football/ncaa/
03/20/luchs.excerpt/index.html).
DUE: Assignment #1
10/8
Class 11:
Individual Meetings IA
10/10
Class 12:
Individual Meetings IB
10/15
Class 13:
Premises Liability I
Required Sources:
1. Davidoff v. Metropolitan Baseball Club, Inc., 459 N.Y.S.2d 2
(1983)
2. VIDEO: http://www.youtube.com/watch?v=sjROJlTRvGA
3. Alden v. Norwood Arena, Inc., 124 N.E.2d 505 (Mass. 1955)
4. Morgan v. Fuji Country, USA, 1995 Cal. App. LEXIS 377
5. VIDEO: http://www.youtube.com/watch?v=rmtdF2H88hI
10/17
Class 14:
Premises Liability II: Waivers
Required Sources:
1. Waivers and Releases (available at
http://sportslaw.uslegal.com/tort-law/waivers-and-releases/)
2. Scott v. Pacific West Mountain Resort, 834 P.2d 6 (Wa. 1992)
3. Snodderly v. Brotherton, 21 P.2d 1036 (Wa. 1933)
4. Scheff v. Homestretch, Inc., 377 N.E.2d 305 (Ill. Ct. App. 1978)
5. Burning Man Agreement: available at
http://tickets2.burningman.com/info.php?i=2386
6. Kissimmee Rodeo Participants Agreement: available at
http://www.kissimmeerodeo.com/Release-Form.html
H/O: Assignment #2
10/22
Class 15:
No Class: Fall Break
10/24
Class 16:
Liability for Injuries Arising out of Competition I:
Player to Player
H/O: “Definitions” (bring this to class for the remainder of the
semester)
Required Sources:
1. Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (10th Cir.
1979) (NOTE: You do not need to read Issue IV).
2. Ordway v. Superior Court, 243 Cal. Rptr. 536 (Ca. Ct. App.
1988).
3. Gauvin v. Clark, 537 N.E.2d 94 (Mass. 1989).
4. Don Doxsie, A Decade After Blinding Pitch, Anthony Molina
Says he Misses the Competition (available at
http://qctimes.com/news/local/a-decade-after-blinding-pitchanthony-molina-says-he-misses/article_0807d368-2f9b-11dea388-001cc4c002e0.html).
5. Carl Bialik, Don’t You Dare Time My Pitches (available at
http://www.yaleherald.com/archive/xxviii/1999.09.03/sports/p25
bialik.html).
10/29
Class 17:
Criminal Culpability and Players
Required Sources:
1. Commonwealth v. Sostilio, 89 N.E.2d 510 (Mass. 1949)
2. VIDEO: http://www.youtube.com/watch?v=jgqUZ1IAA_8
3. State of Washington v. Shelley, 929 P.2d 489 (Wa. Ct. App.
1997)
4. VIDEO: http://www.youtube.com/watch?v=Fz9RE9RGrVY
5. State of New York v. Schaker, 670 N.Y.S.2d 308 (D.C.N.Y. 1st
Dist. 1998)
10/31
Class 18:
Liability for Injuries Arising out of Competition II:
Team/Institution to Player
Required Sources:
1. Lester Munson, NFL Cautionary Tale: Todd Bertuzzi (available
at http://espn.go.com/espn/commentary/story/_/page/munson120315/todd-bertuzzi-hit-steve-moore-2004-cautionary-talenew-orleans-saints-bounties)
2. Kavanaugh v. Trustees of Boston University, 795 N.E.2d 1170
(Mass. 2003)
3. Torres v. Univ. of Massachusetts, 2005 Mass. Super. LEXIS 611
4. Stringer v. Minnesota Vikings Football Club, 686 N.W.2d 545
(Mn. 2004)
H/O: Stringer Exercise
11/5
Class 19:
Liability for Injuries Arising out of Competition III:
Team/Institution to Player
NOTE I: No Discussion Leaders this session
NOTE II: We will begin class with our collective conclusions
from the Stringer Exercise, last class.
Required Sources:
1. VIDEO: Sports Science: NFL Concussions (available at
http://www.youtube.com/watch?v=fFkWTGKNLT8)
2. VIDEO: (available at
http://www.youtube.com/watch?v=9NNT8lhqbPw)
3. J. Brad Reich, When“Getting Your Bell Rung” May Lead to
“Ringing the Bell”: Potential Compensation for N.F.L. Player
Concussion-Related Injuries (forthcoming Virginia Sports and
Entertainment Law Journal, available via LexisNexis)
H/O: NFL Player Concussion Liability
DUE: Assignment #2
NOTE: There is, on my office door, a sign up sheet for the
Individual Meetings scheduled for 11/11 and 11/12. If you have
not signed up for a slot, by 8:00 a.m. on 11/8, you and I will not
meet during those times and I will treat your failure to sign up as
an unexcused absence. The purpose of these meetings is to
specifically identify and discuss your plans for Assignment #3, a
major Sports Law research paper with a topic of your choice. You
need to come tour meeting with a specific topic identified.
11/7
Class 20:
Product Liability
NOTE: You may wish to re-visit the Riddell Helmets and Potential
Liability subsection of When Getting Your Bell Rung May Lead to
Ringing the Bell for this class session
Required Sources:
1. VIDEO: http://www.youtube.com/watch?v=H0LGnSfz9Ic
2. James v. Hillerich & Bradsby Company, Inc., 299 S.W.2d 92
(Ky. 1956)
3. Patch v. Hillerich & Bradsby, Co., 257 P.3d 383 (Mt. 2011)
4. Colorado Jury Awards 11.5M to Family in Lawsuit (available at
http://www.usatoday.com/story/sports/nfl/2013/04/14/juryriddell-helmet-lawsuit-11-million-dollars/2083251/
5. VIDEO: http://www.youtube.com/watch?v=aNuj9UQONzM
6. VIDEO: http://www.youtube.com/watch?v=5klsKEMfep4
H/O: Assignment #3
11/11 Class 21:
Individual Meetings IIA (This is a MONDAY)
11/12 Class 22:
Individual Meetings IIB
11/14 Class 23:
Athletes, Private Lives, and the Real World
Required Sources:
1. Mark Kreidler, Tiger Woods’ Divorce? Part of the Game
(available at http://sports.espn.go.com/espn/commentary/
news/story?page=kreidler/100824
2. Chambers v. Chambers, 1992 Utah App. LEXIS 177
3. Comprehensive Poll on Homosexuals in Sports Reveals Bias
Against Gay Athletes (available at
http://www.prnewswire.com/news-releases/comprehensive-pollon-homosexuals-in-sports-reveals-bias-against-gay-athletes54278182.html)
4. NFL Combine Gay Questions: Teams Prying About Sexual
Orientation, TE Nick Kasa Says (available at
http://www.huffingtonpost.com/2013/02/26/nfl-combine-gaynick-kasa_n_2770102.html)
5. Non-Discrimination Laws by State (available at
http://www.aclu.org/maps/non-discrimination-laws-state-stateinformation-map)
6. Rene v. MGM Grand Hotel, Inc., 2002 U.S. App. LEXIS 20098
7. Heike v. Guevara, et al., 2103 U.S. App. LEXIS 5420
11/19 Class 24:
Athletics and Legal Disabilities
Required Sources:
1. VIDEO: http://www.youtube.com/watch?v=v6819rUkTqg
2. PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001)
3. VIDEO: http://www.liveleak.com/view?i=950_1354055039
4. Knapp v. Northwestern University, 101 F.3d 473 (7th Cir. 1996)
5. Maddox v. University of Tennessee, 62 F.3d 843 (6th Cir. 1995)
11/21 Class 25:
Drug Testing
Required Sources:
1. Halloran and Burch v. University of Washington, 679 F.Supp.
997 (Wa. 1988)
2. Sam Alipour, We Smoked it All (available at
http://espn.go.com/college-football/story/_/id/7819621/ncforegon-ducks-deny-drug-culture-eugene-espn-magazine
3. Dennis Dodd, Where There’s Smoke There’s Fire When
it Comes to Synthetic Marijuana (available at
http://www.cbssports.com/collegefootball/story/19814416/
where-theres-smoke-theres-fire-when-it-comes-to
-synthetic-marijuana)
4. Chris Huston, Report: Auburn Kept Positive Drug Tests Quiet
(available at http://www.cbssports.com/collegefootball/blog/eyeon-college-football/22008413/report-auburn-kept-positive-drugtests-quiet)
5. H/O: Constitutional Provisions at Issue
6. University of Colorado v. Derdeyn, 863 P.2d 929 (Colo. 1993)
NOTE: The first Dissent is optional. The second is not.
11/26 Class 26:
No Class: You already made this up on 11/11.
11/28 Class 27:
No Class: Thanksgiving
12/3
Sports Facilities: Eminent Domain
Class 28:
Required Sources:
1. Seattle Arena Deal Approved (available at
http://espn.go.com/nba/story/_/id/8509900/seattle-arena-dealgets-final-approval)
2. New Study Shows Statewide Economic Impact of $502 Million
From Proposed Arena (available at
http://www.bringitva.com/new-study-shows-statewideeconomic-impact-of-502-million-from-proposed-arena/)
NOTE: IF you want to review the full impact study, it is
available at
http://www.virginiabeachvision.com/sites/default/files/files/
Economic%20Impact%20study%20on%20arena%2010-1612.pdf
3. Kelo v. City of New London, 545 U.S. 469 (2006)
4. VIDEO: http://www.youtube.com/watch?v=KNCmFj2FHF4
5. 2013-14 Events at Cowboy Stadium (available at
http://stadium.dallascowboys.com/events/eventList.cfm)
6. Ray Perryman, Super Bowl has Texas Sized Impact on State’s
Economy (available at
http://www.mywesttexas.com/business/oil/article_399e2ecdd265-543e-aa21-d5ccc0606656.html
7. Cascott v. City of Arlington, 278 S.W.3d 523 (Ct. App. 2nd Dist.
Ft. Worth 2009)
12/5
Class 29:
Intellectual Property I: Name and Likeness
Required Sources:
1. Palmer v. Sconhorn Enterprises, 232 A.2d 458 (N.J. 1967)
2. Montana v. San Jose Mercury News, Inc., 40 Cal. Rptr. 2d 639
(Ct. App. Cal. 6th App. Dist. 1995)
3. Jon Solomon, Ed O’Bannon Lawsuit Dives Into the Mysteries
of NCAA’s Publicity Form for Athletes (available at
http://www.al.com/sports/index.ssf/2012/09/ed_obannon_laws
uit_dives_into.html)
4. Keller v. Electronic Arts Inc., 2010 U.S. Dist. LEXIS 10719
(N.D. Cal. 2010)
12/10 Class 30:
Intellectual Property II: Trademarks
Required Sources:
1. Sean Stonefield, The 10 Most Valuable Trademarks (available at
http://www.forbes.com/sites/seanstonefield/2011/06/15/the-10most-valuable-trademarks/
2. Lisa Taddeo, LeBron James, The Rise of the Superathlete
(available at http://www.esquire.com/features/75-mostinfluential/lebron-james-1008)
3. Darren Heitner, How NFL Draft Prospects Build Their Personal
Brands (available at
http://www.forbes.com/sites/darrenheitner/2013/01/23/
how-nfl-draft-prospects-build-their-personal-brands/)
4. ETW Corp. v. Jireh Publishing, Inc., 332 F.3d 915 (6th Cir.
2001) NOTE: The dissent is optional.
12/16
DUE: Assignment III (my office, by 10:00 a.m.)