Carfagna's Sports and the Law:Examining the Legal Evolution of America and Three Major Leagues / Edition 2

Carfagna's Sports and the Law:Examining the Legal Evolution of America and Three Major Leagues / Edition 2

by Peter A. Carfagna
Pub. Date:
West Academic


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Carfagna's Sports and the Law:Examining the Legal Evolution of America and Three Major Leagues / Edition 2

In this Second Edition, Peter A. Carfagna (former Chief Legal Officer at IMG and now a Visiting Lecturer in Sports Law at Harvard Law School), expands upon the first edition of the "Legal Evolution of America's Three 'Major Leagues'" by providing unique insights into the most significant Sports Law developments that have occurred since the publication of his first edition. The revised text and related Hypotheticals also illuminate the increasing tension between players' "social media"/"publicity rights," and the oftentimes conflicting rights claimed by the Major Leagues and their teams. Similarly, "franchise relocation" updates are provided, including a special section regarding Major/Minor League Baseball's convoluted franchise relocation issues. A new Appendix containing a history of Major League "work stoppages" is particularly timely, given the current state of collective bargaining negotiation ongoing within each of the Three Major Leagues. Another new Appendix contains a revised Course Study Guide, which should make the book accessible not only as an introduction to law school faculty or students considering a first course in sports law, but also to undergraduate students who are interested in pursuing a career in sports law or marketing.

Product Details

ISBN-13: 2900314275867
Publisher: West Academic
Publication date: 06/08/2011
Series: American Casebook Series
Edition description: 2
Pages: 329
Product dimensions: 6.30(w) x 9.30(h) x 0.60(d)

Table of Contents

Acknowledgments iii

Table of Cases xi

Chapter 1 The Moral Integrity of the Sport: The Role of the Commissioner and the Law 1

Introduction 1

I The Commissioner's Powers 2

II Gambling 13

III Misconduct on the Field 15

IV Drug Use 17

A Recreational Drugs 17

B Performance Enhancing Drugs 19

V Diversity in Sports 25

A Racial, National, and Ethnic Minorities in Sports 25

B Women and Sports 27

Summary Questions 34

Chapter 2 Constructing a Player's Market From Contract to Antitrust Law-The "Legal Evolution of the Uniform Player Contract" 38

Introduction 38

I Major League Baseball's Reserve System: Equitable Relief and "Unclean" Hands 39

A Major League Baseball's Current Uniform Player Contract 40

B Comparative Analysis of Uniform Player Contract in the NBA, NFL, and MLB 43

Summary Questions 48

II "Unclean Hands" in the National Football League and in Interleague NFL Competition 49

III League Jumping and Contract Renewal in the NBA 50

Summary Questions 52

Chapter 3 The Baseball "Trilogy": Flood v. Kuhn and the Creation of the Baseball Antitrust Exemption 54

Introduction 54

I Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs 55

II Toolson v. New York Yankees 56

III Flood v. Kuhn 57

Summary Questions 59

Chapter 4 The Creation of the "Non-Statutory Labor Exemption" and Its Application to the NFL and NBA 73

Introduction 73

I The Statutory and Non-Statutory Labor Exemptions 74

II Antitrust Attacks and Labor Unrest in the NFL 80

III NFL Collective Bargaining Agreement 89

IV Player Challenges to NBA Practices 95

Summary Questions 98

Chapter 5 Age Eligibility Rules 99

Introduction 99

I Age Eligibility in Major League Baseball 99

II Age Eligibility in the NFL 102

Summary Questions 105

III Age Eligibility in the NBA 106

Summary Questions 108

Chapter 6 MLB Collective Bargaining Agreement Issues: Free Agency and Collusion 109

Introduction 109

I Free Agency and Salary Arbitration 109

A Winning Free Agency Through Grievance Arbitration 109

B Bargaining Away Free Agency 112

C The Curt Flood Act of 1998 115

Summary Questions 116

II Owner Collusion 118

Summary Questions 120

Chapter 7 Collective Bargaining and Intellectual Property Disputes Regarding Player, Team, and League Rights 122

Introduction 122

I Development of the Right of Publicity 123

II Bargaining Away the Right of Publicity 129

A Major League Baseball Publicity Rights 130

B National Football League Publicity Rights 132

C National Basketball Association Publicity Rights 135

Summary Questions 136

III League versus Team Exploitation of Rights 137

Salerno v. American League of Professional Baseball Clubs 139

Silverman v. Major League Baseball Players Relations Committee 139

MLB Properties v. Salvino 140

American Needle Inc. v. National Football League 141

Summary Questions 145

Chapter 8 Franchise Relocation and Stadium "Naming Rights Agreements": The MLB Territorial Antitrust Exemption Lives on 147

Introduction 147

I Franchise Contraction and Relocation 148

A Major League Baseball 149

B National Football League 155

C National Basketball Association 158

Summary Questions 161

II Naming Rights Agreements 164

A Drafting a Naming Rights Agreement 165

B Intellectual Property: Trademarks, Trade Names, Service Marks and Logos 168

Appendix A Labor Stoppages in the Four Major Leagues 181

Appendix B Player Contracts 187

Appendix C Sample Course Study Guide 223

Appendix D Sample Final Exam and Answers 253

Index 307

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