Term
| To get relief in high school what must you use? |
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Definition
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Term
| What is the key in order to have standing to bring a claim under the constitution? |
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Definition
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Term
| Brentwood Academy v. Tennesee |
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Definition
| Determined that a statewide association incorporated to regulate interscholasitic athletic competition among private and public secondary schools may be regarded as engaging in state action due to the pervasive entwinement of state school officials |
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Term
| Are public schools state actors? |
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Definition
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Term
| To bring a high school claim what do you need to show? |
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Definition
1. state action
2. constitutional violation took place.
(or that they acted a/c)
the actor can show a legitimate state purpose |
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Term
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Definition
| limits the ability of student athletes immediately to participate in interscholastic competition after the athlete moves from one scool to another |
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Term
| Common type of transfer rule |
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Definition
| renders a student athlete, who transfers from one high school to another within the same school district without a corresponding change in his or his parent's residence, ineligible to engage in interscholastic competition for a period of time |
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Term
| Reasons for transfer rules |
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Definition
| deterring recruitment of student athletes, affording academics a higher priority than athletics |
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Term
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Definition
| interscholastic rules permit schools to discipline and impose sanctions, such as suspension, on student athletes who engage in what is considered inappropriate conduct |
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Term
| Are there property rights to high school sports/is participation in them a fundamental right? |
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Definition
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Term
| Best ways for a high school student to bring an action |
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Definition
1. say that the actions of the school are arbitrary and capricious
2. the policy was not related to a legitimate goal/unreasonable |
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Term
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Definition
| Are seen as ok becuase they are imposed for safety reasons - as students get older their bodies mature |
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Term
| Why is drug testing an acceptable way to foster an important state interest? |
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Definition
Because participation in hs athletics is a right, not a privilege,
High school athletes are held to a higher standard than normal students, |
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Term
| What could you argue against if bringing action against school for drug test |
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Definition
| the severity of the need of the test to accomplish goals and objectives - say too severe. |
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Term
| Vernonia School District v. Acton |
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Definition
| The school district's drug testing policy for high school athletes is both reasonable and constitutional |
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Term
| Is the NCAA a state actor |
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Definition
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Term
| What must you bring suits under if brining suit against NCAA? |
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Definition
contract, antitrust, negligence
(say that NCAA"s actions are a/c) |
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Term
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Definition
| NCAA is not a state actor |
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Term
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Definition
| NCAA is not subject to Title IX - due payments from federal funds do not suffice to render the due recipient subject to Title IX |
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Term
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Definition
| NCAA rule saying that you can not personalize your name to make money in any sport is not arbitrary and capricious |
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Term
| Where do you look to create a contract in NCAA |
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Definition
1. Letter of Intent
2. Statement of Financial Assistance
3. University publications such as bulletins and catalogues |
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Term
| Statement of Financial Assistance |
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Definition
| In exchange for the University's commitment to cover tuition, fees, room and board, and books, the student athlete plays for the University |
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Term
| The right to continue to receive fainacial assistance is contingent upon what? |
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Definition
| the athlete remaining eligible |
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Term
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Definition
| Informs the student what the school requirements are |
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Term
| National Letters of Intent |
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Definition
| promise to give up going to other schools in exchange for a schoalrship to go to that school |
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Term
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Definition
| School can release a player and he can go elsewhere - this rarely happens |
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Term
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Definition
If you transfer up/to the same division, you have to sit out for a year.
However, you can get a waiver from your old school for financial aid - but not to play
If you transfer down in divisions, you dont have to sit out |
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Term
| When is the term of the NLI satisfied |
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Definition
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Term
| Does the coach have authority to release a student from an NLI |
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Definition
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Term
| How many NLI's can you sign |
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Definition
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Term
| Can a coach be present when an NLI is signed? |
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Definition
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Term
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Definition
Must be in writing to satisfy the statute of frauds.
NCAA says that you can only give one scholarship per yeat - but it is renewable for 4 years |
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Term
| When can a scholarship be revoked? |
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Definition
1. student loses eligibility (sign with agent)
2. fraud
3. student engages in serious misconduct
4. student voluntarily withdraws from the sport |
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Term
| For an NCAA student athlete to prevail on contract claims, what is the best way? |
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Definition
| Show a SPECIFIC promise and that it wasnt delivered (i.e. Ross v. Creighton) |
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Term
| In order to be eligible, what potions of your degree must be completed in each years/at the end of the years? |
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Definition
40 - second
60 - third
80 - fourth
100 - fifth year |
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Term
| NCAA exceptions for draft and eligibility |
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Definition
MLB - involuntary draft, you can get drafted, not go - not lose your eligibility
-If you hire a lawyer to evaluate your draft potential - it is ok.
NBA - you can declare for draft, go through draft and come back to school as long as you do not sign a k with the agent or club |
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Term
| An injured party is considered an employee if two elements are present? |
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Definition
1. An express or implied contract to hire and
2. An employee status |
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Term
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Definition
| examines whether the employer possessed the right to control the manner, means, and details of the worker's performance |
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Term
| Relative nature of the work test |
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Definition
| employees are thse who as a matter of economic reality are dependent upon the buisness to which they render service |
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Term
| Because courts have been rejecteing contract, negligence, and workers comp claims, what should you look to? |
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Definition
| admnistratively - not following own procedures, a/c standard |
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Term
| Do NCAA student athletes possess property and liberty interests? |
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Definition
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Term
| What 3 things must a party argue when he or she is arguing that they have not been afforded constitutionally protected due process? |
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Definition
1. state of federal action was involved
2. The party must be a person
3. An interest in life, liberty, or property must be infringed |
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Term
| Is there a protected interest in an athletic scholarship? |
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Definition
|
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Term
|
Definition
| Was created to interpret NCAA rules and impose penalties on member institutions violating these rules |
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Term
| Infractions Appeals Committee |
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Definition
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Term
| NCAA infractions process overview |
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Definition
1. self report
2. COI makes charge
3. School gets to respond in a 2-3 day trial
4. appeal if needed |
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Term
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Definition
| small problems that can be easily corrected (improper cell phone calls to recruits, simulating a game atmosphere, etc). |
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Term
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Definition
| those that can not be easily rectified (i.e. giving degrees not earned, fraud) |
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Term
| Principle of Institutional COntrol |
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Definition
terrible for school, worst violation there is.
-NCAA and conferences require that institutions demonstrate that they are exercising institutional control over athletics program |
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Term
| Who is responsible for the athletics program |
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Definition
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Term
| Who is responsible for the athletics program |
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Definition
|
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Term
|
Definition
| Schools must self report - it stops the clock |
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Term
| Are schools responsible for actions of boosters? |
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Definition
|
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Term
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Definition
| the most onerious sanction that the NCAA can enforce against a school, prohibits a school from participating in athletics for up to two years, also eliminates all scholarship and recruiting activities |
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Term
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Definition
What will cause a death penalty sanction.
-After a major violation, another violation is found within the 5 year period following the starting date of the first violation. (thus, two major violations in 5 years) |
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Term
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Definition
1. Every contract, combination, or conspiracy in restraint of trade or commerce is illegal.
2. Prohibits monopolization or attempts to monopolize any part of the trade or commerce among the several states |
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Term
| For the Sherman Act to exist, the challenged activity must have |
|
Definition
1. an interstate nexus or effect, and
2. Constitue or affect trade or commerce |
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Term
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Definition
What is used for determine step 2 of Sherman Act (if it constitutes or affects trade or commerce)
1. Plaintiff bears the initial burden of showing that an agreement had substantially adverse effect on competition.
2. If the P meets this burden, then the burden shifts to the d to come forward with evidence of the precompetitive citrus of the alleged wrongful conduct.
3. Then it is up to the p to show that this could have been done in a less restrictive manner, or is not reasonablly necessary |
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Term
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Definition
| Preserve a competitive marketplace and protect consumer welfare |
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Term
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Definition
Restraint on trade to restrict output of games to be sold - antitrust violation
-Court goes through rule of reason analysis and balances the anti competitive effects of the challenged restraint are balanced against its precompetitive effects on a case by case basis.
-NCAA's excuses not good enough here |
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Term
| Do eligibility rules consitute a violation of antitrust |
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Definition
| NO - they are sought to balance fair competition |
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Term
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Definition
| On its face it is so blatantly a violation of Sherman Act- courts don't use this in sports context |
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Term
| Provisions for terminating a coach for cause |
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Definition
1. coach refused to or is unable to perform duties either stipulated in the contract or reasonably associated with the position of the coach,
2. The coach is convicted of a serious criminal offense
3. The coach engages in fraud or dishonesty in the performance of his or her duties
4. The coach participates or encourages participation in gambling or betting involving sports
5. If the coach engages in activies detrimental to the school |
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Term
| Governing body of the olympics? |
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Definition
| International Olympic Committee |
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Term
| What does the International Olympic Committee do? |
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Definition
| Renders final decisions, owns the rights associated with the games, selects sites for the Olympics |
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Term
| Who pays for the Olympics? |
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Definition
|
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Term
| National Olympic Committee |
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Definition
| develop and protect Olympic movement within their respective countries, decides whether or not a team will go |
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Term
| International Sports Federations |
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Definition
| Organized and controlled repespective individual sports: decide where races take place, who the judges would be, drug testing policies, etc. |
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Term
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Definition
| Country's governing authority for a particular sport that is affiliated with the appropriate IF - similar to IF but at the NATIONAL level |
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Term
| Court of Arbitration of Sport |
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Definition
| Supreme body within the Olympic movement for disputes, if you appeal rulings, this is where you go |
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Term
|
Definition
governs all of the Olympics
No olympic committee can do anything inconsistent with the Olympic Charter
Prohibits political demonstrations or propoganda |
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Term
| In the US, who decides whether we go to the Olympics? |
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Definition
USOC - not a state actor, and there is no right to compete in the Olympics.
USOC has the ULTIMATE AUTHORITY TO DECIDE NOT TO SEND AN OLYMPIC TEAM - the president cant even stop it |
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Term
| Who has the final say/authority on elgibility matters? |
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Definition
| USOC (Slaney v. International Amateur) |
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Term
| Harding v. US Figure Skating Association |
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Definition
| NGO's must follow their own rules and provide appropriate due process |
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Term
|
Definition
| Runs the leagues, has enormous power (more than a CEO of a company) - "act in the best interest of baseball" |
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Term
| Philadelpha Ball Club v. Lajoie |
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Definition
| If athelete breaches contract and goes to another team, he will be prevented by an negative injunction from playing for team 2 until contract with team 1 ends |
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Term
| Washington Capitols Basketball Club v. Barry |
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Definition
| Contract has to be void, unconscionable, et, in order to be void and allow a player to sign with another team while still under k to play for the first |
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Term
| If an athlete wants to play for another team than he is under contract for currently what should he argue? |
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Definition
| that the current k is void |
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Term
| In the professional context, why is it pro competitive to have some restraints? |
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Definition
1. uniform scheduling - so fans will keep watching
2. uniform rule making
3. Profit sharing/sharing revenue - this allows you to keep teams fairly competitive.
4. salary caps - able to get them collectively bargained by the players association |
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Term
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Definition
| players, owners, colleges in order to acheive some result at the expense of managment, whether it was better wages, better conditions, a new location, or less control. |
|
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Term
| What do you need to show for antitrust suit |
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Definition
1. interstate nexus (how MLB is exempt)
2. competition affected |
|
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Term
|
Definition
| certain types of agreements are so consistently unreasonable that they may be deemed illegal without further inquiry into their purported rationales |
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Term
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Definition
Whether the restraint as imposed is justified by legitimate purpose and it is no more restrictive than necessary (what they use in pro sports)
1. P bears the initial burden to show that an agreement had a substantially adverse effect on competition
2. IF P meets the burden, D must show precompetitive citrus (reasonable)
3. then P must show that this could be done in a less restrictive manner |
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Term
| What analysis do you apply if the agreement being challenged was agreed to by a collective bargaining (non statutory exemption) |
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Definition
1. primarily affects only the parties to the collective bargaining agreement
2. mandatory subject of colelctive bargaing (wages, hours, conditions of employment)
3. where the agreement that is sought to be exempted is a product of bona fide arms's length bargaining |
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Term
| How do professional sports get around anti trust violations |
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Definition
| Have things collectively bargained |
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Term
|
Definition
| Inability to contract with new team does not violate antitrust |
|
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Term
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Definition
| Congress' response to Flood case - allows for only those issues relating to the employment of major league players and the potential for anti trust scrutiny |
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Term
| Is the MLB subject to the National Labors Relation Act (NLRA) |
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Definition
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|
Term
| Judicial deference at pro level |
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Definition
courts give lots of deference to the leagues because they do not want to get involved in private matters.
*Only in antitrust and labor law will they get involved |
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Term
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Definition
| courts will intervene in an associations adjudication is their decision making process is a/c or tainted by malice or bad faith |
|
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Term
| Mid-South Grizzlies v. NFL |
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Definition
| Example of the Rule of Reason analysis - competition was not hurt by not alowing another team to join the league. |
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Term
| LA Memorial Coliseum Commission v. NFL Raiders |
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Definition
| NFL is not a single entity - and therule restricting movement of franchises is an unreasonable restraint on trade (NFL did not have good enough reason for this) |
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Term
| National Labor Relations Act |
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Definition
| States that both parties must meet at reasonale times and confer on mandatory subjects of collective bargaining |
|
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Term
| Collective Bargaining Agreements |
|
Definition
express the complete range of relationships between management and their athlete employees.
*way for leagues to get non statutory exemption for anti trust violations |
|
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Term
|
Definition
sets out factors to get statutory exemption
*here, the court said that the Rozell Rule did not establish a bona fide arm's length bargaining over the rule (#3)
-parties to the agreement, mandatory negotiation, bona fide bargaining |
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Term
|
Definition
Non statutory exemption applies here even though an agreement was never reached.
-Makes it clear that non statutory exemption is here to stay |
|
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Term
|
Definition
Non statutory exemption applies to issues not bargained for if they are in the NFL constitution and not challeneged by the union.
-Courts are not going to let the labor union be vioded due to the creation of eligibility.
-Also, the rule, since it represents a condition for initial employment, affected the jo security of vetren players and thus had tangible effects on wages, hours, etc |
|
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Term
| Where are challenges headed now for labor/anti trust cases in pro suits? |
|
Definition
After Brown, it is pretty clear that the non statutory exemption is here to stay and that professional sports enjoy the right.
-Thus, dig into labor laws and see if the parties met to discuss and if they conferred in good faith |
|
|
Term
| What do Uniform Players contracts reference |
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Definition
| the collective bargaining agreement |
|
|
Term
| What relationship exists between an agent and athlete client? |
|
Definition
| Fiduciary duty - the agents are under an obligation to exercise the utmost care and good faith in their dealings with clients |
|
|
Term
| What athletes to federal and state legislation protect? |
|
Definition
| students - those with eligibilty still remaining |
|
|
Term
| What can you not do if you are an agent |
|
Definition
|
|
Term
| Uniform Athlete Agents Act of 2000 |
|
Definition
powerful act for a very limited amount of time, only applies to student athletes.
-agents have to register |
|
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Term
|
Definition
federal act that allows for criminalization if you cross state lines.
-State AGs bring suit
*You can not indirectly or directly solicit, secretly enter into a contract, pre or post date a contract, or provide misleading info. |
|
|
Term
| Who is the watchdof for SPARTA |
|
Definition
| federal trade commission because it involves unfair trade practices |
|
|
Term
|
Definition
| Agents must try and make good faith efforts for clients, do not necessarily have to prove successful |
|
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Term
|
Definition
| Agents can not engage in fraulent concealment (can't sell shady shit and fail to disclose that you won the shady company to your client) |
|
|
Term
| Detriot Lions Inc. v. Argovitz |
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Definition
| The agent has an obligation to make a full and complete disclosure of all areas of potential conflicts of interest and must recieve prior consent from the athlete if representation is continued after this disclosure |
|
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Term
| When can an agent take their commission % |
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Definition
| When the athlete gets paid - cannot take it all upfront |
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Term
|
Definition
| No person shall on the basis of sex be exluded from participation in, be denied the benefits of, or be discriminated against, in any education program that receives federal financial assistance |
|
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Term
| Grove City College v. Bell |
|
Definition
| Title IX applies only to those athletic programs within an institution that receive DIRECT FINANCIAL AID |
|
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Term
| Civil Rights Restoration Act of 1987 |
|
Definition
| extende the definition of program or activity to include the entire program (i.e. college as a whole), as opposed to specific programs within the institution that directly recieved funds (for example, UM's med school gets 500 million and thus their sports have to be compliant with Title IX) |
|
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Term
|
Definition
| NCAA is not subject to Title IX even thought it receives dues from members, which recieve financial assistance |
|
|
Term
| Contact v. Non Contact Sports |
|
Definition
-In the majority of cases that involve non contact sports where no women's team is available, the courts usually allow the women to participate on the men's team.
-If the college shows that there is potential physical harm to the female athlete due to the nature of that particular contact sport, it is constitutional to limit participation in that sport.
-If there is not a team sponsored for one sex in a particular sport and the excluded sex has a history of limited opportunity, then the excluded sex must be permitted to try out for the team. |
|
|
Term
|
Definition
| Once you give a female the right to come out for the football team you can not discriminate against her |
|
|
Term
|
Definition
Need equal number of opportunties to participate (% to undergraduate student body)
Sets out three part test to determine if in compliance with Title IX |
|
|
Term
| 3 part test to determine if in compliance with Title IX |
|
Definition
1. Number of athletes has to be substantially similar to the undergraduate student population (%)
2. History of improving the under represented gender
3. Have to show that they had done some actions where they determed women were accomodated (never been used)
*Thus, schools can argue one of these 3 prongs to show compliance |
|
|
Term
| Boucher v. Syracuse University |
|
Definition
3 prong test to determine if in compliance with Title IX after 7 girl Lacross players wanted a varsity rather than club sport
1. Total compliance with Title IX - all 13 requirements of regulations
2. Whether or not you had a history of expanding your program for the underrepresented gender (SYRACUSE MET THIS)
3. Effectively accomading interest of the student body |
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|
Term
|
Definition
| Ridic case, court says clean up your act and you are obviously in violation of Title IX |
|
|
Term
| Other things that must be in equal to be in complaint with Title IX |
|
Definition
a. selection of sports and level of competition effectively accomodate both sex's needs
b. provide equipment similarily
c. provide equivalent coaching
d. lockerrooms, practice, and competitive facilities have to be equal |
|
|
Term
| Ways to attack gender discrimination |
|
Definition
1. Title IX claim
2. Equal Protection Claims
3. State Equal Rights Amendment claims |
|
|
Term
| Two risks if under Title IX |
|
Definition
a. individual actions for damages against the institution for failure to provide them with the appropriate opportunity
2. Government can bring an action against the institution - and the outcome can be debarment |
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