Questions and Answers of Sport Law A Managerial Approach

Review the O’Brien Focus Case on pages 65-66 and then answer the following questions related to that case.1. The Court of Claims judge in this case interpreted the facts in favor of O’Brien when
As the current athletic director at a Division I university, you are in the process of negotiating an employment contract with I. Will Wynn, your new football coach. Answer the following questions in
Explain the concepts of agreement, consideration, capacity, and legality in the formation of contracts.
Conduct an Internet search to find out how many college football coaches now have compensation “packages” that exceed $3 million per year. Try to ascertain how much of the compensation is base
Are oral contracts generally enforceable? When are oral contracts not enforceable?
Give some examples from a sport setting to illustrate statute of frauds principles.
What are the remedies available in breach of contract actions? What is the usual remedy?
What are the limitations upon using specific performance?
What is the principle of mitigation of damages?
Contrast actual authority with apparent authority. When can a third party use apparent authority to bind an organization to a contract?
What is the underlying rationale for respondeat superior? Explain why it is a derivative theory of liability as opposed to a direct theory of liability.
Many online sites deal with issues related to youth sport and the hiring of coaches and other personnel. Do an Internet search and find three different hiring or selection protocols followed by youth
The coach of Midwest University’s men’s basketball team, Bill Beam, has an excellent win-loss record, but he has a violent temper and often verbally abuses his players, both on and off the court.
What is your understanding of the concept of scope of employment? Give examples from sport organizations of situations when an employee may be acting within the scope of employment, and give examples
When could a plaintiff use the argument that behavior was ratified or condoned by an employer? Give examples.
Explain the theory of negligent hiring. Explain how you can find vicarious liability for an organization based on the negligence of a manager or administrator in hiring.
Explain why an organization may wish to set up an independent contractor relationship. What are the factors that courts look at in ascertaining whether a situation is an employment relationship or an
How does disparate impact analysis differ from disparate treatment analysis?Explain the different types of factual situations that would give rise to each theory of liability. Also, explain the
Assume you are the director of athletics at Study hard University. R. A. Winner, your longtime head football coach, was stricken with a degenerative disease two years ago and now can no longer walk.
The World League of American Football (WLAF) operated in 1991 and 1992 as a professional football league with teams in 10 cities in the United States, Canada, and Europe. In May 1990, Jerome Vainisi,
Would a professional baseball pitcher’s shoulder injury that prevents him from pitching for one season be considered a covered disability under the Americans with Disabilities Act, as amended by
Assume you are the director of athletics at Awesome University, an NCAA Division I powerhouse in both men’s and women’s basketball. You must hire a new women’s basketball coach. A press
What are the primary arguments that support the position that employers are justified in paying coaches of male college athletics teams more than coaches of female teams? What are the primary
Assume you are the athletics director at Planet Mars Junior College, and you are about to hire a new head football coach. One of the hiring criteria the search committee wants to establish is that
Visit the U.S. Department of Labor’s website, www.dol.gov, and read more about the Family and Medical Leave Act, or visit the Equal Employment Opportunity Commission’s site, www.eeoc.gov, and
How do hostile environment harassment claims (whether based on race or sex) differ from quid pro quo harassment claims?
Assume you are an upper-level manager at ESPN and have been given the responsibility of developing a sexual harassment policy for the entire company. Draft such a policy and then write a memo to your
The National Basketball League (NBL) is suffering from image problems. Several of the top players in the league have had repeated brushes with the law, and as a result the widespread popular
What is the advantage to the employer of having the affirmative defense available in claims where there is no tangible adverse employment action?
Assume you are the Commissioner of the NBA. Write a memo to the team owners providing guidelines for how they should handle future cases similar to the scenario in which Mahmoud Abdul-Rauf refused to
For what two types of potentially discriminatory situations is an employer required to provide reasonable accommodation to an employee, unless doing so would cause undue hardship or cause a
Online, find a sport or recreation organization’s harassment policy and critique it to see if it contains the critical components suggested in this chapter.
What kind of reasonable accommodation for religious practices could management offer to an employee in a situation where reassignment to a less visible work setting is impossible—for example, when
Identify and explain the rights that employees are given under the Fair Labor Standards Act.
A football player at Star University suffered a serious neck injury during last week’s game. He has retained an attorney for the purpose of filing a workers’ compensation claim against the
You obtained an internship with a professional baseball team, and you were injured when several boxes of dashboard promotional toys fell on you in the supply and copy room at the team offices. You
Explain the three tests used to determine whether an employee is exempt from overtime requirements under the FLSA.
As you know, many organizations, including sport organizations, experienced financial difficulty during the economic recession that began in late 2008 and early 2009. As a result, many companies had
Identify the five factors used in determining whether a person is working within the scope of employment under workers’ compensation principles.
What factors make labor relations in professional sports unique, as opposed to labor relations in other industries?
Conduct an Internet search to find professional sport organization collective bargaining agreements. They are often available on the union or league website. Examine the provisions in the collective
The International Basketball League (IBL) players and front office staff joined forces and petitioned the NLRB for an election. The group voted to unionize and was certified. Within days of
What employee rights were gained through the National Labor Relations Act?
Examine professional sport league collective bargaining agreements to compare and contrast the various provisions across leagues, such as those relating to drug testing, salary arbitration, grievance
What do the National Labor Relations Act and Labor Management Relations Act set forth as unfair labor practices?
Assume you are negotiating a new collective bargaining agreement in a league that has an expiring agreement. Research the key items for the negotiation and develop a strategy for CBA negotiations on
Name five collective bargaining provisions for each mandatory subject of bargaining (hours, wages, and terms and condition of employment).
What is the role of arbitration in labor relations?
What is the labor exemption to antitrust? What is its relevance to professional sports labor relations?
What are the different ways in which an agency relationship may be created?
Find out what information is available online from the NCAA for student-athletes regarding athlete agents. From that information, can you determine the difference between an advisor and an agent?
Len Bias played basketball at the University of Maryland in the mid-1980s. He was an outstanding player and was projected to be a top NBA draft selection. On June 17, 1986, the Boston Celtics drafted
Identify and explain each of the duties owed by the principal to the agent and by the agent to the principal.
How is apparent agency different from express agency?
Explain the different classifications of principals and how the estition affects the liability of the principal for the actions of an agent.
What are the seven essential provisions of the Uniform Athlete Agents Act? Explain and demonstrate your understanding of each of the provisions.
What is the primary purpose of SPARTA? What are its limitations?
What requirements do professional sport leagues use to try to ensure athlete representatives are competent and professional in their representation of athletes?
The Executive Board of the Men’s Professional Tennis Tour (MPTT) has announced changes to its rules pertaining to doubles play for the upcoming tour season. The Executive Board consists of three
It is arguable that the court in Mid-South Grizzlies v. NFL (1983) ignored the anticompetitive effect of the NFL’s franchise rejection on football fans. Refusing to expand the league to accommodate
Assume you have been named the commissioner of a new league for professional women’s rugby, the National Women’s Rugby League (NWRL). You are considering trying to structure the NWRL as a single
Legendary baseball player Pete Rose was banned for life from involvement with professional baseball for allegedly gambling on his sport. Using the Internet, find information about this. Was his
Would reducing intrabrand competition by limiting the number of franchises in a league actually have a procompetitive effect by increasing the potential for inter-brand competition of the league with
If the NHL were to adopt a rule that each player must wear a safety helmet at all times while on the ice, could the league be liable under the antitrust laws for imposing an unreasonable restraint on
Would a league’s unilateral decision to eliminate one or more economically inviable teams violate the antitrust laws by reducing intrabrand competition?
How would you distinguish between newer composite materials for tennis racquet frames that have changed the game by adding more power and “double stringing” that would have changed the game by
In the Blalock case, the court found a per se violation of § 1 of the Sherman Act. If the court had applied the rule of reason balancing of the procompetitive and anticompetitive effects of the
Do you think the CAS perspective on strict liability for doping violations is fair? Why or why not?
Explore the International Olympic Committee website. Follow the links to find out about the specialized IOC commissions that are part of the organizational structure of the IOC. In particular,
Roquet Legues, competing for France, was awarded the silver medal in the women’s 100-meter speed skating race in the Winter Olympic Games. Her time was 0.0009 seconds slower than the winning time
Is it always in athletes’ best interest to have a governance and regulatory scheme that requires them to exhaust all administrative remedies before seeking review from the judicial system? Why do
Access the Olympic Charter on the IOC’s webpage and locate the provisions relating to the criteria for inclusion of a sport or event in the Olympic program.
Can you think of any negative aspects related to an international arbitration body, such as the CAS, being the final avenue of appeal on athlete participation eligibility and disciplinary issues?
Choose an NGB or IF that is of particular interest to you and visit its website to examine its regulations governing disciplinary procedures applicable to participants who violate rules.
Who benefits from the Amateur Sports Act prohibition of judicial review for eligibility disputes against the USOC that occur within 21 days of the Games? Does it help or hinder most athletes who
Visit the websites of the IOC and the OCOG for the upcoming Summer or Winter Olympic Games and try to discover what kinds of security measures they are planning to implement.
Respond to the following question regarding the hypothetical situation presented If you were a sport management professional working for FINA, what might you learn from such rulings as Stroker’s?
Visit the website of the Court of Arbitration for Sport and read one of the cases featured in the case law section. If it is a doping case, analyze whether the CAS followed a strict liability
Using an online database such as LEXIS-NEXIS or Westlaw, locate the McNatt (1995) and Davis (1995) decisions about whether home-schooled students should be allowed to participate in interscholastic
The reconfiguration of the governance structure of the NCAA in 1997 occurred several years after the Tarkanian (1988) case was decided. A law review article by W. Burlette Carter questions whether
After the Tarkanian decision, public universities can, by acting collectively through the NCAA, regulate areas that they might not be able to regulate on their own. For example, the NCAA can conduct
Go to the website for the Knight Commission (www.knightcommission.org) and write a two-page summary of the commission’s most recent recommendations for reforming college athletics.
In Sherman Act antitrust cases, the commercial activities of sport organizations are treated differently from those of other types of businesses. Why is this so?
Ask your university athletics department if you can borrow a copy of its most recent self-study report for the NCAA certification process. Review it and try to determine what the major strengths and
Does the Tarkanian case provide another example of a situation where some sport organizations are different from other types of business organizations?That is, should courts consider the special
Locate a copy of the complete opinion from Bloom v. NCAA (2004). Read it with the following question in mind: Are individual-sport professional athletes treated unfairly by the NCAA’s amateurism
Why do you think the Knight Commission pushed for a regularly recurring external objective review of university athletics programs?
Do you think the NCAA certification process was structured in a way that enabled it to accomplish fully what the Knight Commission intended? If not, what changes would you recommend?
Why do some country clubs work hard at being truly private? If you were the assistant manager at a country club in New Orleans, where the membership wants to continue to exclude White people as it
Make a copy of the eight-factor Lansdowne analysis (Exhibit 14.2) for determining whether a club is truly private, and add a few explanatory details or examples for each factor based on the cases
The American Civil Liberties Union (ACLU) filed an internal grievance at New World State University (NWSU; a public university in Colorado) alleging that the NWSU football coach engaged in religious
If someone sues a university under § 504 or the ADA for its failure to provide equal participation opportunities to individuals with disabilities, the decision will probably turn on whether the
Engage in role-reversal. If men’s athletics were to receive only what the women have, would the men be satisfied? If not, there is still a problem. Identify the changes you think the athletic
If adding athletes who are disabled to able-bodied competitions would require accommodations that constituted a fundamental alteration of the sport, as was the case in Kuketz, would a reasonable
Online, visit the site of the Women’s Sports Foundation (www.womens sportsfoundation.org) and evaluate its position statement on athletics competition for individuals with disabilities.
The court in Cohen v. Brown (Cohen IV) explicitly addressed the argument that the first prong of the three-part test for compliance in participation opportunities constitutes an impermissible quota.
Visit the NCAA’s website (www.ncaa.org) and evaluate the guidelines pertaining to pregnant student-athletes.
After Earls, we are now in the strange position of having the Colorado Supreme Court and the U.S. Supreme Court in virtual agreement that there is little difference between the privacy expectations
Find out what the policy is at your institution for monitoring student-athletes’ uses of social media and determine whether it would violate a typical state statute on monitoring social media.
Can you draw a meaningful distinction between the two free exercise of religion cases, Moody and Menora?

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