Rules Flashcards
Sports Law Rules
Judicial Interference
Courts will defer to private institutions unless:
1) illegal
2) failed to follow basic rudiments of due process
Crouch and M’Baye
College Athletes and the Def’n of an Employee
Northwestern Cases
Employee:
- Performing a service for the benefit of the employer
- Under Control
- In return of payment
College Athletes Unionization Cases
Northwestern 1 and 2
in one they say they are in employees. they perform, the school administers a substantial degree of control over the students (decrom at away games, schedule, etc.) and they get paid in grants
in two they decide that they should not be hearing the case bc, although they have direct jx over NW bc they are private, they should not exercise it bc they are only private school in the big 10, asserting jx would impede on the symbiotic relationship of college sports.
in two they did not close the door on college unionization. this is about evening the bargaining power not making more money. litigation will continue to put the pressure on the NCAA to compensate fairly and allow unionization. as marvin miller showed, the path to success is unionization and neutral arbitration.
College and Antitrust
Oklahoma v. NCAA huge win for OU against NCAA in antitrust. battle over relevant market (broadcast rights for college football or alll broadcating) used procomp arg.
court found this was an antitrust violation. but in dicta the SC bolstered the value of amateurism.
group boycott and price fixing
O’Bannon
About UCLA basketabll video game, use of NIL. Sue via antitrust though and not RoP. Wage fixing (signed rights to NCAA, wage of 0) and group boycott (all teams made them sign).
9th finds thresholds
and JV
pro: preserving amateurism
anti: athletes cant get more to atten certain schools, get what they are worth
NCAA had study about fans not liking players getting paid court said antitrust violation and granted one of the two remedies
Deppe and Jenkins
Jenkins filing very similar suit to O’Bannon except for saying straigh up not getting paid more than the cap that O’Bannon set is a violation of Section 1.
Deppe found not antitrust violation bc transfer rule was procompetitive in that it insulated college sports from professional sports and preserved amateurism in competition (used both amateurism from Borad of Regents and competition from Mackey)
Right of Publicity
3 elements (haelan)
Use of likeness
witout permission
for commercial gain
ETW - transformative element with for 1st
zaccini- win for RoP
CBC - fantasy sports and stats v. hart and video games (likeness optics)
Baseball’s Historic Exemption
Fed Baseball, Toolson, Flood v. Kuhn
NSLE (8th Mackey)
Abilityt to enter into collective bargaining w/o being in violation of antitrust law.
Three-Part:
1. Does it primarily impact the parties to the bargaining?
2. Is it a mandatory subject of bargaining? (wages, hours, working conditions?)
3. Bona fide arms length bargaining? (Mackey)
NSLE (2nd Clarett)
Two-Part:
- Is it a mandatory subject of bargaining? (wages, hours, working conditions?)
- Would applying anti trust laws subvert fundamental principles of labor policy?
NSLE (2nd Clarett)
Two-Part:
- Is it a mandatory subject of bargaining? (wages, hours, working conditions?)
- Would applying anti trust laws subvert fundamental principles of labor policy?
SLE
Norris LaG
cant enjoin a work stoppage over a labor dispute.
- Can apply to nonunionzed (however this may not be the best result).
- expanding the defn improperly erodes labor protections of non-unionized workers.
Sherman Act
§1: any contract, comb, or conspiracy in restraint of trade is illegal
4 categories:
Price fixing, wage fixing, group boycott, and market allocation
setting a price, salaray cap, age requirements, draft
Threshold issues
agreement between 2 or more (cooperweld)
commerce (wickard) and (fed baseball)
