The Jurisprudence of Sport


Book Description

This textbook, the first of its kind, makes it easy--and fun!--to teach an exciting new course on the "jurisprudence of sport." Unlike sports law, which treats sports as objects of regulation by ordinary legal systems, this course treats sports and games as legal systems to be studied in their own right. The book is appropriate not only for law students but also for undergraduates; it offers an introduction to legal thinking but requires no background in legal doctrine. Student-friendly and deeply comparative, the text draws examples from the world's most popular team and individual sports and games (including baseball, football, soccer, tennis, golf, gymnastics, chess, boxing, and esports) and also from less widely known competitions (competitive eating, cornhole, etc.). Chapters are organized in an intuitive sports-focused manner, covering such issues as scoring systems, penalties, league structure, player eligibility and assignment, amateurism, officiating, replay review, and cheating. The jurisprudence of sport is a fast-developing field of academic study. The authors, one of them a leading figure in the field and both professors at top law schools, maintain a high degree of analytical rigor and theoretical sophistication. Icons sprinkled throughout introduce students to fundamental concepts, some law-particular (such as rules vs. standards and prices vs. sanctions) and others from cognate disciplines (such as agency costs, the Coase Theorem, and psychological biases and heuristics). Richly filled with comments, questions, and exercises, the text facilitates a large variety of pedagogical approaches and is suitable for 2- to 4-credit courses.




The Court of Arbitration for Sport and Its Jurisprudence


Book Description

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.




Sport, Law and Philosophy


Book Description

Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee, including VAR, rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports. The book will be a valuable resource to Undergraduates, Postgraduates and for those working in the areas of legal philosophy, sports law, and philosophy of sport.




Sports Law


Book Description

Sports Law looks at major court cases, statutes, and regulations that explore a variety of legal issues in the sports industry. The early chapters provide an overview of sports law in general terms and explore its impact on race, politics, religion, and everyday affairs. Later chapters address hot button issues such as gender equity, drug testing, and discrimination. Written from a sport management perspective, rather than from a lawyer’s, this text covers all the major areas presented in sports law today including: cases relating to torts, contracts, intellectual property, and agents. Factual scenarios throughout the text allow students to critically examine and apply sport management principles to legal issues facing the sports executive. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.




Sport Law


Book Description

Sport Law: A Managerial Approach, third edition, merges law and sport management in a way that is accessible and straightforward. Its organization continues to revolve around management functions rather than legal theory. Concise explanations, coupled with relevant industry examples and cases, give readers just enough legal doctrine to understand the important concepts that apply to each area. This book will help prepare students as they get ready to assume a broad range of responsibilities in sport, education, or recreation. Whether readers work as coaches or teachers; administer professional programs; manage fitness/health clubs; or assume roles in a high school, college, Olympic, or professional sport organization, legal concerns will inevitably be woven into their managerial concerns. This book provides knowledge of the law that helps create a competitive advantage and build a more efficient and successful operation that better serves the needs of its constituents. Special Features of the Book Managerial context tables. Chapter-opening exhibits act as organizational and study tools identifying managerial contexts in relation to major legal issues, relevant law, and illustrative cases for the chapter. Case opinions, focus cases, and hypothetical cases. Legal opinions--both excerpted (case opinions) and summarized (focus cases)--illustrate relevant legal points and help readers understand the interplay between fact and legal theory. The cases include questions for discussion, and the instructor’s manual provides guidance for the discussion. Hypothetical cases further highlight topics of interest and include discussion questions to facilitate understanding of the material; analysis and possible responses appear at the end of the chapter. Competitive advantage strategies. Highlighted, focused strategies based on discussions in the text help readers understand how to use the law to make sound operational decisions and will assist them in working effectively with legal counsel. Discussion questions, learning activities, and case studies. Thoughtful and thought-provoking questions and activities emphasize important concepts;they help instructors teach and readers review the material. Creative case studies stimulate readers, as future sport or recreation managers, to analyze situations involving a legal issue presented in the chapter. Annotated websites. Each chapter includes a collection of web resources to help readers explore topics further. Accompanying the web addresses are brief descriptions pointing out key links and the sites' benefits. Bookmarking these sites will help readers in future research or throughout their careers.




Sports Law in the United States


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the United States deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policymakers access to sports law at this specific level. Lawyers representing parties with interests in the United States will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.




Sports Law and Regulation


Book Description

Sports Law and Regulation provides a comprehensive and timely discussion of youth, high school, college, Olympic, and professional sports legal issues, including gender and racial equity, health, safety, risk management, and intellectual property law issues. A comprehensive collection of cases and materials provides balanced perspectives and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 6th Edition: Updated cases regarding speech and religion at the high school level including Mahanoy Area Sch. Dist. v. B.L. and Kennedy v. Bremerton School District The new NCAA Constitution and governance structure, revised NCAA bylaws, transfer eligibility, NIL, agent interactions, and amendments to the NCAA’s enforcement and penalty structure, along with NCAA v. Alston An updated comment on concussions that includes recent cases, state legislation seeking to reduce the incidence of concussions, and settlements of concussion-related disputes between claimants and the NCAA, NFL, and NHL A streamlined coaching chapter including discussion of coaches’ involvement in the college admissions and basketball scandals and an updated coaching contract negotiation exercise Provisions of the NBA, WNBA, NFL, MLB, NHL, MLS, and NWSL collective bargaining agreements; updated league regulations regarding cannabis use; discussion of minor league baseball players’ unionization; and the 2019 revisions to the Uniform Athlete Agents Act and Williamson v. Prime Sports Mktg., LLC Revised Olympic and international sports law materials, including a recent CAS award interpreting the 2021 World Anti-Doping Code, a revised anti-doping problem, a CAS award regarding the legality of excluding Russian athletes from international sports events, and a Swiss Federal Tribunal case recognizing the independence of the CAS Anti-Doping Division Updated racial demographic data for coaching and administrative positions in collegiate and professional sport and discussion of coach Brian Flores’ historic racial discrimination lawsuit against the NFL and its clubs An updated gender equity chapter that includes new Title IX regulations, sexual orientation discrimination issues, the participation rights of transgender and intersex athletes and new Olympic and NCAA policies New commentary questioning the baseball rule as applied to absolve stadium owners of liability to spectators, and recent developments regarding the standards for assessing the liability of co-participants Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization that supports different teaching objectives, ranging from a focus on amateur sports to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting




Commonwealth Caribbean Sports Law


Book Description

Sports Law has quickly developed into an accepted area of academic study and practice in the legal profession globally. In Europe and North America, Sports Law has been very much a part of the legal landscape for about four decades, while in more recent times, it has blossomed in other geographic regions, including the Commonwealth Caribbean. This book recognizes the rapid evolution of Sports Law and seeks to embrace its relevance to the region. This book offers guidance, instruction and legal perspectives to students, athletes, those responsible for the administration of sport, the adjudication of sports-related disputes and the representation of athletes in the Caribbean. It addresses numerous important themes from a doctrinal, socio-legal and comparative perspective, including sports governance, sports contracts, intellectual property rights and doping in sport, among other thought-provoking issues which touch and concern sport in the Commonwealth Caribbean. As part of the well-established Routledge Commonwealth Caribbean Law Series, this book adds to the Caribbean-centric jurisprudence that has been a welcome development across the region. With this new book, the authors assimilate the applicable case law and legislation into one location in order to facilitate an easier consumption of the legal scholarship in this increasingly important area of law.




International Sports Law and Business


Book Description

This comprehensive, three-volume set focuses on the legal and business aspects of sports in the United States and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. International Sports Law and Business is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. Part III explores the law and business of sports in 18 non-U.S. jurisdictions andndash; subject matter hardly covered in other sources, if at all. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Part V focuses upon sports marketing in its various forms in the United States, as well as its international perspectives. This easy-to-read work is unmatched in that it covers subjects not addressed or only tangentially addressed in other works, presents insiders perspectives on the subject matter, and focuses extensively on international aspects of sports law and business in connection with many different subjects. Among its exhibits, International Sports Law and Business includes a World League of American Football Standard Player Contract form, a sample World League of American Football Acquisition and Operation Agreement, Statute of Court of Arbitration for Sport and Regulations. It also includes a comprehensive index. Its unique coverage and practical features make International Sports Law and Business a critical reference for agents, attorneys, and other practitioners involved in international sports law or handling a trust where one or more of the assets is sports-related, or considering expanding an existing practice area. Those involved in the study of sports law will also appreciate this high quality work.




Case Studies in Sport Law


Book Description

Case Studies in Sport Law, Second Edition, provides students with specific examples and perspectives of some of the most significant cases in sport law in an accessible tone that is free of legal jargon. The text is an ideal companion for non-law students who are seeking clarity and context for legal issues commonly encountered in sport management and sport law settings. The 87 cases provide real-life applications for students and scholars of sport management. This updated second edition of Case Studies in Sport Law contains one new case study to provide a more contemporary example while maintaining the most significant precedent cases. The text is easily incorporated as a supplement to course studies, especially for its recommended companion text, Introduction to Sport Law, Second Edition. These two texts were designed with the other in mind, and the structures match each other in order of topics presented so that students can easily cross-reference the two to obtain the best understanding of sport law. The 87 cases in Case Studies in Sport Law have been carefully curated by a team of experts in the field and represent many of the multifaceted aspects of sport law. Some of the areas covered in the text are school districts, colleges and universities, interscholastic and recreational programs, professional sport franchises, sporting goods manufacturers and trademarks, and governing bodies. This broad approach encourages students to understand the impact of legal issues on the sport industry, including many of the areas that students are hoping to pursue as a career. Case Studies in Sport Law offers condensed versions of each case as opposed to the full legal proceedings, which enables students to grasp key concepts of the case instead of wading through legal jargon. The cases are divided into the main topics that are most prevalent in sport law courses: agency law, antitrust law, constitutional law, contract law, employment law, intellectual property, labor law, products liability, risk management, statutory law, Title IX, tort law, and the U.S. legal system. This is an easy-to-follow format that allows instructors and readers easy selection of cases based on the topic at hand. In addition to the abridged court cases, each section provides introductory information to prepare students on the type of law that will be examined and key concepts to bear in mind while reading. Further, each case study ends with review questions that can test student comprehension, be used for review, and prompt in-class discussions. Answers to these review questions are in the instructor guide, which is free to course adopters and available at www.HumanKinetics.com/CaseStudiesInSportLaw. Litigation and lawsuits in sport are increasing; therefore, managers and operators must maintain a thorough understanding of legal practices. Case Studies in Sport Law is the ideal text to supplement a sport management or sport law class and bolster student comprehension of sport law issues, and it is a supreme reference in the professional library of all practitioners in college, high school, professional, and recreational sport settings.