Crunch Time

Question 1

who can be an agent?

Answer 1

anyone

Question 2

what is the commissioner’s authority?

Answer 2

the commissioner is an absolute dictator over owners and teams but NOT over players because of the CBA.

Question 3

Are punishment for on-field activities appealable

Answer 3

no, only off-field

Question 4

what happened in AFL vs. NFL?

Answer 4

the AFL charged that the NFL was a monopoly and under Sherman 1 they were shut out of every stadium that they tried to play. There was no essential facility doctrine. The Court ruled that there were 31 potential NFL cities that had the capacity to support a team 60% of the entire tv market

Question 5

when is a boycott alleged?

Answer 5

if the agent is not able to serve by the player’s association.

Question 6

who is considered a sports executive?

Answer 6

coach, assistant, GM trainers (NOT DOCTORS)

Question 7

what is the baseball reserve clause and what is it determined by?

Answer 7

after 6 years, you become an unrestricted free agent and it is determined by the CBA

Question 8

who owns a public benefit corporation?

Answer 8

the soviergn

Question 9

what is the soviergn’s function in a public benefit corporation?

Answer 9

usually to sell revenue bonds to build a stadium.

Question 10

what type of monopoly are the Green Bay Packers?

Answer 10

A natural monopoly (the city of Green Bay can not support two teams, they are a monopoly by the population in the area

Question 11

what do you need for decertification?

Answer 11

50% union members + 1

Question 12

what is a negative covenant?

Answer 12

an executive is paid separate consideration NOT to work as a competitor for a particular amount of time

Question 13

what are the requirements for a negative covenant?

Answer 13

1) must be a reasonable amount of time and for a reasonable location
2) must be willing to reinstate contract

Question 14

in the Four traditional leagues can a sport exec. get severance or a negative covenant?

Answer 14

NEVER

Question 15

what happened in the Bill Belicheck case? (Jets Case)

Answer 15

Belicheck was due to become the next coach of the Jets after Parcell’s left and the day he became the coach of the Jets, he quit and went up to New England. The Jets goto get a negative injunction against Belicheck saying he cannot goto New England

Question 16

in order for the Jets to get the negative injunction for Bill Belicheck, what did they need?

Answer 16

they needed to keep Bill Belicheck’s contract open if he wanted to come back, a negative injunction does not work without that

Question 17

what did the Jets do as a result of having to keep the contract open for a negative injunction?

Answer 17

they did not hire a new coach and was granted their negative injunction

Question 18

what does the Sports Broadcasting Act of 61 apply to?

Answer 18

only sponsored Television

Question 19

what are the 2 requirements of the Sports Broadcasting Act of 61?

Answer 19

1) NFL cannot play on Friday and Saturday nights during High School or College season
2) cannot black out a game in a territory except that you may block out a telecasting of a competing game into the home territory of a team when the home team is playing home

Question 20

what is the 72 hour black out?

Answer 20

if a game is sold out 72 hours before kickoff, the game will not be blocked out, if a game is not sold out 72 hours before kickoff, the game may be blocked out in the home territory of the team

Question 21

what happened in USF v. NFL?

Answer 21

the NFL was found to be a monopoly but that wasn’t by itself sufficient to make them liable under Sherman II there also had to be an act undertaken by the monopolist to maintain the monopoly. The USFL was awarded $1 in damages

Question 22

can leagues make exclusive equipment deals?

Answer 22

Yes but they can never require the teams to wear it

Question 23

what are the 3 safe harbors for schools to keep themselves safe from assertion?

Answer 23

1) when the % of gender participation in selected activities approximates the gender participation at the university (if the school has 60% males, 40 females, the sports should have 60% male, 40 female
2) if gender % participation is not met or equal but the university is making good efforts to correct it
3) if you don’t have 1 or 2, there is a reasonable accommodation for all selective participants