Questions and Answers of Sport Law A Managerial Approach

Explain the theory of negligent hiring and retention.
Identify some of the most common working relationships in sport that may represent independent contractor relationships instead of employer/employee relationships.
Explain the two tests used to determine whether an employee is exempt from overtime requirements under the seasonal amusement and recreational establishment exemptions in the FLSA.
Explain how minor league baseball players must be compensated under the SAPA?
What are the two primary functions of OSHA regulations?
What interest do you think high school athletic associations have in governing high school athletics?
How do you feel about pay-to-play programs and their relationship to the creation of a property interest? Did your high school require students to pay a fee to participate in extracurricular
Why do you think courts are reluctant to become involved with the activities and membership gov- ernance of private, voluntary associations?
What are some examples of when a court should interfere with the activities of a private association? Why do you think this is important to the sport industry?
As a result of the 202 0 Covid-19 national pandemic, many NCAA student athletes had their seasons canceled. What implications on eligibility does such an incident have? With such a large amount of
Who benefits from the Olympic and Amateur Sports Act prohibition of judicial review for eligibility disputes against the USOPC that occur within 21 days of the Games? Does it help or hinder most
What are the key items to consider when arranging transportation for an athletic team?
Consider the duty to inspect; is it realistic that all facilities will be fully inspected prior to each use? How do you balance feasibility with best practice recommendations?
What is a reasonable interval for facilities to be inspected? Does the type of facility matter?
Explain dram shop laws. Why is it important for sport facility mangers to understand these laws?
Explain the prior similar instances rule.
Do you think the limited duty rule should apply to projectiles thrown or launched into the stands during promotional activities? Why or why not?
What is your opinion on giving up your right to sue before you actually have it? Until you have sustained injury or received a wrongdoing, your right to call "foul" is not yet present; as such, do
Explain how the lease agreement between the Seattle Sonics and the City of Seattle benefitted the City of Seattle when the Sonics tried to leave for OKC, and how the lease agreement for the Rams
Explain whether modern stadium development projects would best fit the definition of a public use or a public purpose/benefit when a government entity attempts to use eminent domain to take property
What is the purpose and mandate of the ADA?
What is a place of public accommodation under the ADA and how do you know whether sports facilities are covered by the ADA?
How is an "alteration" defined under the ADA and how are alterations and repairs different under the ADA, and why is that distinction important for facility operators contemplating a renovation or
Apply the three factors used to determine the reasonableness of a search under the Fourth Amendment, and explain why spectators attending sporting events may be legally subject to pat-down searches
What are biometric attributes and what are some of the ways in which stadiums use facial recogni- tion technology before, during, and after events.
What at the two most important privacy requirements stadium operators should consider when determining if they are permitted to use surveillance technology to capture biometric or geotracking
According to KST Electric & LeCharles Bently, when is a mark a famous mark? And what is niche fame?
Explain the concept of originality and fixation as it relates to copyrights.
Explain the extrinsic and intrinsic tests for determining substantial similarity under copyright law.
Which of these four criteria was not satisfied in the Albarado v. Kentucky Racing Commission case?
What are the five conditions that must be met to prove that an advertisement is false or deceptive?
What is the recommended designation a celebrity endorser should include on any social media posts to disclose their relationship with a company whose products are being promoted?
What is ambush marketing? Provide two or three examples of ambush marketing in sports.