Final Exam Part 2

Question 1

does anti trust attacks under Clayton 6 apply to duly certified unions?

Answer 1

NO, they are statutorily exempt

Question 2

what 3 conditions must be met for the non statutory labor exemption?

Answer 2

1) the issue must be a mandatory subject of collective bargaining
2) must be negotiated in good faith (Rozell Rule failed this prong)
3) must be included in a signed CBA

Question 3

when a new league is formed prior to signing the CBA does the Non Statutory Exemption apply?

Answer 3

No

Question 4

under the NSE, what are you exempt from?

Answer 4

any anti-trust challenge brought by the union

Question 5

what is the only way to get rid of a non statutory exemption?

Answer 5

to decertify the union

Question 6

what do you need to decertify a union?

Answer 6

50% + 1

Question 7

does a non statutory labor exemption apply after CBA expired and up through impasse?

Answer 7

Yes

Question 8

what are requirements to apply NSE after CBA expired?

Answer 8

1) must have a duly certified union

2) have at least one signed CBA

Question 9

what are the entry rules for a NSE?

Answer 9

1) need a union
2) need good working conditions
3) good faith negotiation
4) 1 CBA signed

Question 10

who can decertify?

Answer 10

only the players, not the league

Question 11

what does creation require for a statutory anti trust exemption?

Answer 11

a duly certified union

Question 12

what is required for the creation of a non statutory anti trust exemption?

Answer 12

duly certified union and 1 CBA

Question 13

who does a statutory (union) anti trust exemption protect?

Answer 13

anyone if legitimate union activity

Question 14

who does a non statutory (league) anti trust exemption protect?

Answer 14

against unions and members only on CBA issues (direct or indirect)

Question 15

How can you terminate a statutory anti trust exemption?

Answer 15

union decertification

Question 16

how can you terminate a non statutory anti trust exemption?

Answer 16

terminated by union decertification only, the league cannot self-terminate

Question 17

can you recover if contributory negligence is found?

Answer 17

No

Question 18

can you recover if comparative negligence is found?

Answer 18

weight the two and apportion damages that way

Question 19

what are 5 types of torts in sports?

Answer 19

1) participant v. participant (intentional)
2) negligence
3) defective equipment
4) spectator injury
5) defamation and violation of privacy

Question 20

is a principle liable for an act of an agent during the scope of employment?

Answer 20

yes unless the acts are criminal or malicious

Question 21

what is a negligent act?

Answer 21

the failure to act as a reasonable person would

Question 22

what is a reckless act?

Answer 22

intent to do the act but don’t intend to injure someone

Question 23

what is battery?

Answer 23

intent to do the act and cause contact with the intent to injure

Question 24

how does workers comp work in sports?

Answer 24

when he is injured on the job, he cannot sue the employer

Question 25

what is the assumption of risk?

Answer 25

know the risk and it has been deemed to have accepted and barred from recovery

Question 26

what is respondeat suprerior?

Answer 26

a principle is liable for the acts of an agent (whether the employee is an employee or an independent contractor)

Question 27

what is defamation?

Answer 27

untrue statement published without privilege that damages the reputation of a living person

Question 28

what is a lie?

Answer 28

untrue statement with the intent to deceive

Question 29

can two leagues in the same sport exist independently?

Answer 29

only short term

Question 30

can you deny a competitor essential facility?

Answer 30

no that is a violation of anti trust

Question 31

is an exclusivity clause permitted?

Answer 31

No, it’s a violation of anti trust essential facilities

Question 32

what is an equal involvement defense?

Answer 32

when someone offers or creates a doctrine which turns out to violate anti trust and then sues under it

Question 33

do you need a team to apply for a lease?

Answer 33

no

Question 34

What is the doctrine of television dilution?

Answer 34

when you bring a new team or league into a TV market and it doesn’t result in 100% sponsorship

Question 35

practice hypo: the Seahawks are up for sale - the highest bid is $250 million but the owner owns the team in the competing area of another NFL franchise (violation of NFL rules) so the buyer is barred. The next best offer is $200 million - does the owner of the team, under NASL v. NFL have a legitimate claim for $50 million

Answer 35

NO capital is an essential facility to an owner of a baseball, basketball, or NHL

Question 36

what must a prima facie case need to assert discrimination in employment?

Answer 36

must be established under Title VII

Question 37

what are the requirements of a person bringing a prima facie case asserting discrimination in employment ?

Answer 37

1) member of a protected class
2) applied for the job
3) was qualified for the job
4) was denied the job
5) the job was given to a member of non-protected class

Question 38

what happens once the 5 requirements are met for a prima facie case asserting discrimination in employment?

Answer 38

the burden switches to the defendant to defend himself

Question 39

what are defenses that the defendant can claim when someone is asserting discrimination?

Answer 39

1) bonafide occupation qualification (narrowly construed)
2) subjective business defense (evaluated two applicants and compared them; wasn’t qualified; the other individual was more qualified)

Question 40

what happens after the defendant interposes one of the defenses when someone is asserting discrimination?

Answer 40

the burden goes back to the plaintiff to prove that the defense is a sham

Question 41

what is disparate treatment?

Answer 41

intentional discrimination

Question 42

what is the only defense for disparate treatment?

Answer 42

bona fide occupation qualification

Question 43

what is disparate impact?

Answer 43

may have started innocent but became discriminatory (not intentional; neutral on its face)

Question 44

what is a valid defense for disparate impact?

Answer 44

subjective business objective

Question 45

under Title IX when may you segregate within an institution?

Answer 45

1) contact sports

2) separate facilities provided they are equal (equal scholarships)

Question 46

to bring a Title IX action do you need to prove a prima facie case?

Answer 46

no

Question 47

what do you have to assert when bringing a Title IX action?

Answer 47

1) gender participation in sports

2) facilities (equal)

Question 48

If professor Skehan wanted to teach one class that is all girls and one all boys, does that violate title IX?

Answer 48

no, as long as it is equal

Question 49

what are schools required to report under the Equity Athletics Disclosure Act?

Answer 49

1) number of current males/females (%)
2) list all the varsity teams (including number of players, number of team players, etc.)
3) ratio of student aid
4) recruiting expenses for males/females
5) revenue generated for males/females
6) salaries of coaches male/females