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Why Sports Law?

Sherman J. Clark , University of Michigan Law School Follow

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This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted with the relatively unique world of sports. This in turn forces scholars, students, and courts to think more deeply about the law—and in the process facilitates that deeper thought.

This essay first describes some of the things that make sports relatively unique and therefore challenging to the law. The bulk of this essay then addresses three specific areas of law: 1) antitrust, 2) trademark, and 3) sex discrimination. These three contexts are used to highlight and illustrate the ways in which sports law can call upon us to rethink what we think we know—and thus can help deepen and clarify our thinking. This essay concludes by suggesting that teachers and scholars of sports law should try to tap the intellectual and pedagogical potential the subject offers.

Recommended Citation

Clark, Sherman J. "Why Sports Law?" Stanford Law and Policy Review 28, no. 2 (2017): 151-180.

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Importance of Role of Contracts in Sports Law Essay (Critical Writing)

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It is today common to refer to a section of law known as sports law, but in reality, there is no distinct section of the law referred to as ‘sports law’. This, in a way, reflects the importance with which contract law is viewed in sports. In the recent past, sports have seen an immense growth spurt and with these legal issues have arisen. The growth has brought with it increased legal involvement in the many operations and management of sports. This has made these laws that find application in sports to be referred to as ‘sports law’. Important to note is that these laws which find application in sports are the same ones that are applied in all human activities and projects (Sullivan 2010). They are not just unique to sports, even though they have demonstrated their importance in the running of the sport.

One of the laws which play a truly vital part in the regulation of sports activities is the law of contract. It finds application in the sporting world and has allowed the players and teams to come to a mutual understanding and for both parties to have their wants met. Contract law in sports prevents the player from behaving badly; these actions can lead to a bad reputation of the player which translates to a team’s poor reputation. It prevents the team from getting any bad publicity from the actions or words of its players. It is important in that it assures the player of their team position and by offering the sense of security; it encourages a player to give his or her all to the team. It also ensures the team’s security in knowing that the player is committed to it according to the terms set. Another importance of contracts of law to sports is that it ensures both the terms and conditions that are desired by the player and team are met. This ensures the satisfaction of both parties, and that they are not breached since it is legally binding (Sullivan 2010).

The law of contract in sports may require changes or adjustments in correlation with some contracts mostly those which incorporate international agreements, for example, the world anti-doping code or some contracts which involve many parties. Contracts of law, therefore, differ depending on the level of the sport and the type of sport, and there is no one contract that applies to all sports (Sullivan 2010).

The importance of the role of contract law in sports is seen in the case of Buckenara versus Hawthorn Football Club ltd in March of 1987. The plaintiff (Buckenara) filed a case against Hawthorn Football club (the defendant), for a breach in a contract that they had agreed upon in the year 1984. In the agreement, Buckenara had signed a contract to play for Hawthorn football club for two years. The contract had an optional clause that stipulated that it had the right to make an extension that would see the player stay with the team for two more years (Gillies 2008). This extension of the contract could be made without the consent of the player. According to Buckenara, he had entered into a collateral oral contract with the football club (through its agent Lauritz). In this oral contract, they agreed to treat the optional clause as, not binding and, therefore, not enforceable against Buckenara. The case arose due to the enforcement of this optional clause which extended the player’s period by two years. This is the reason the plaintiff filed the case as a breach of the oral contract made earlier. The defendant, in turn, filed a counterclaim that the written contract was binding and that Buckenara should not play for any other team apart from Hawthorn football club during the term of the agreement (Gillies 2008).

Gillies, P 2008, Concise contract law, Federation Press, Sydney.

Sullivan, A 2010, ‘The Role of Contract in Sports Law’, Australian and New Zealand Sports Law Journal, vol. 5, no. 1, pp. 3-25.

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IvyPanda. (2022, April 25). Importance of Role of Contracts in Sports Law. https://ivypanda.com/essays/importance-of-role-of-contracts-in-sports-law/

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1. IvyPanda . "Importance of Role of Contracts in Sports Law." April 25, 2022. https://ivypanda.com/essays/importance-of-role-of-contracts-in-sports-law/.

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IvyPanda . "Importance of Role of Contracts in Sports Law." April 25, 2022. https://ivypanda.com/essays/importance-of-role-of-contracts-in-sports-law/.

Why Sports Law?

Stanford Law & Policy Review, Vol. 28, No. 2, 2017

U of Michigan Public Law Research Paper No. 562

30 Pages Posted: 11 Jul 2017 Last revised: 21 Jul 2017

Sherman J. Clark

University of Michigan Law School

Date Written: July 5, 2017

This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted with the relatively unique world of sports. This in turn forces scholars, students, and courts to think more deeply about the law—and in the process facilitates that deeper thought. This essay first describes some of the things that make sports relatively unique and therefore challenging to the law. The bulk of this essay then addresses three specific areas of law: antitrust; trademark; and sex discrimination. These three contexts are used to highlight and illustrate the ways in which sports law can call upon us to rethink what we think we know—and thus can help deepen and clarify our thinking. This essay concludes by suggesting that teachers and scholars of sports law should try to tap the intellectual and pedagogical potential the subject offers.

Keywords: sports law, antitrust, trademark, title IX, legal education

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Sherman J. Clark (Contact Author)

University of michigan law school ( email ).

625 South State Street Ann Arbor, MI 48109-1215 United States

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Sports and the Law

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First Published in 1999. This is a collection of essays looking at the continuing growth and significance of Sports Law. Among the tokens of the flourishing of sports law during the past two decades are the publication of specialized treatises, articles on facets of sports law in traditional law reviews, appearance of legal journals or reviews devoted solely to sports law, and courses on the subject in law schools. Sports and the Law: Major Legal Cases should attract the interest of a variety of audiences. Authorities in the field of sports law will want to examine how their colleagues as well as non- specialists treat specific cases and broader issues. Also, lawyers who lack familiarity with sports law may desire an introductory exposure to the rapidly expanding field. Each essay ends with a selected bibliography.

TABLE OF CONTENTS

Part one | 52  pages, sports law: liability and legislation, chapter | 5  pages, tortious impact, chapter | 3  pages, in jeopardy, negligence and liability, chapter | 4  pages, the coach's legal duty to properly instruct and to warn athletes of the inherent dangers in sport, chapter | 6  pages, injustice uncovered worker's compensation and the professional athlete, fans strike out with foul ball litigation, the application of the attractive nuisance doctrine to sport, not the same game, sports versus the sabbath, chapter | 8  pages, amateurs, professionals, and eligibility for americans in the olympics, fading in the stretch, part two | 93  pages, sports law: the regulation of organized sports, chapter | 7  pages, the ncaa and the courts, books and bulldogs, switzer, a sooner scofflaw, the win at any price syndrome, to play or not to play, two all-pros collide with the football commissioner, commissioner kuhn victorious over owner finley, george steinbrenner's bronx zoo, chapter | 14  pages, in the groove, chapter | 10  pages, baseball's big inning, beating the spread, jack molinas, fast balls and fast bucks don't mix, a gridiron hero self-destructs, charlie the hustler and the hall of saints, fantasy sports and the law, part three | 98  pages, sports law: the rights of players and owners, chapter | 17  pages, when a professional sport is not a business, let the bidding begin, baseball owners called “out” for collusion, joe kapp's fight for free agency, tight end mackey blocks commissioner rozelle, “these people just plain don't like each other”, oscar robertson, the letter of intent and collegiate athletes, agents, athletes, and academics, minnesota gopher basketball, sports broadcasting, the land of the free disputes homes for the braves, chapter | 9  pages, fear, attack, and pressure, colts gallop to indianapolis, the nfl-afl merger, part four | 47  pages, sports law: racial and gender discrimination, wyoming's “black fourteen”, white ball/black ball, the stone left unturned, the quest for gender equality, chapter | 12  pages, let's play, too, little league baseball, barely there, major league baseball called for balk.

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Sports Law Essays

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Sport , Discussion

The concepts reviewed this week have interested me most, but what interested me most is the relationship between athletes and their agents and how the relationships are regulated under sports law. I learned about the Uniform Athlete Agents Act that governs the conduct of individuals contacting athletes to obtain agency contracts, notifies learning institutions when a student-athlete signs an agency contract, provides a remedy for a learning institution damaged by a student-athlete or athlete agent’s conduct and establishes criminal and civil penalties. I also learned how to register as an athlete agent, which I have always wanted to do to support my younger brother, a student-athlete with an ambition to join a national football team.

I need to focus on sports law to be equipped with all the legal obligations I must follow to become my brother’s agent. Sports law will also enlighten me on how to respond to legal issues I may face while operating as an athlete agent. According to Sharp et al. (2021), sports law also equips individuals with knowledge of sports injury and concussion litigation, athlete activism, student-athletes, and marketing rights. This information is essential in maintaining a professional relationship with athletes when I become an agent.

I intend to begin applying the material learned so far to monitor the relationship between my brother and his current agent to ensure he is not being treated unfairly. I also intend to use the information to determine whether the agent representing my brother has met all requirements to avoid risking my brother’s future football career. I can also apply what I have learned to advise my brother on managing his relationship with his agent by enlightening him on his responsibilities and fiduciary duty.

Sharp, L. A., Moorman, A. M., & Claussen, C. L. (2021). SSportslaw: A managerial approach . Holcomb Hathaway Publishers.

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Before beginning work on this journal, read in your course text Chapter 8: The Law of Agency and Athlete Agents, and it is suggested that you review Chapter 1: Introduction to the Managerial Law Approach; Chapter 2: The U.S. Legal System and Using Legal Resources; Chapter 3: The Employment Relationship: Creation and Termination of Employment; and Chapter 4: Employer Liability for Acts of Employers and Others.

Reflect on what you learned this week, what you need to focus on, and how to apply the material learned to real-world situations.

“Pass” the weekly self-check interactive quiz with 80%; I need a better understanding of sports law! ”

Ref”rence: Moorman, A. M., Sharp, L., & Claussen, C. (Eds.). (2021). Sports law: A managerial approach (4th ed.). Routledge

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Johnny Gaudreau’s wife reveals in eulogy she’s pregnant, expecting 3rd child

Meredith Gaudreau, wife of NHL player Johnny Gaudreau who, along with his brother Matthew Gaudreau, was killed by an alleged drunk driver last month, revealed in a eulogy to her late husband that she is expecting their third child. 

On Sept. 9, Meredith Gaudreau delivered a heartbreaking speech for the Columbus Blue Jackets player during the joint funeral for him and his brother. Through tears, Meredith Gaudreau recalled their love story and spoke about welcoming their first child together, a baby girl named Noa. Just 17 months after Noa arrived, Meredith Gaudreau gave birth to their son, John. 

Speaking directly to her late husband, she said, “John, I had the best six months as a family of four. Those will forever be the best six months of my life. There’s specifically one week that I will cherish forever and will be my favorite week of my life.”

Meredith Gaudreau then announced that she is currently pregnant with their third child. 

“I’m in my ninth week of pregnancy with our third baby,” she said. “A total surprise, but again, John was beaming and so excited. I was so nervous, again, total surprise. But his reaction was just immediately kissing me and hugging me even though I was driving the car.”

Meredith Gaudreau sweetly remembered her husband frequently telling her after she shared the news, “‘You’re nuts, you know that? Three kids.’”

She added that their oldest child, Noa, has not celebrated her second birthday yet. 

“In less than three years of marriage, we’ve created a family of five,” she continued. “It doesn’t even sound possible, but I look at it as the ultimate blessing. How lucky am I to be the mother of John’s three babies? My last one being a blessing is so special, despite these difficult circumstances.”

She told her children that their father loves them and gushed that he is the best dad in the world. She said she planned to encourage their son to follow in his father’s footsteps and would teach him to ice skate as soon as possible. 

Her pregnancy news came after her sister-in-law Madeline Gaudreau read her eulogy to husband Matthew and also mentioned being pregnant. Madeline Gaudreau is currently expecting her first child, a son. 

She previously announced on Instagram that her due date is in December.

“For anyone that knows Matty knows he was born to be a dad,” she said at the funeral. “The moment we found out about our son Tripp, it consumed his every day. He was downloading apps, ordering books, finding the best diaper brand, making sure I had the best vitamins and asking for tips from John.”

She said Matthew Gaudreau accompanied her to all her doctor appointments and had already started to build a nursery for their baby boy. 

“Matthew worked so hard on that room, and I can feel him in there every time I go in it. Matthew was so excited to welcome Tripp into this world, and although the plan now looks a little different, I know Matt will surround his son for the rest of his life,” Madeline Gaudreau said. “I’m so thankful God gave us a child, a little Matty to run around for life, to carry on his legacy. Tripp will know how much his father loved him, and I promise to do all the things with him we talked about.”

She said she is looking forward to Tripp growing up with his cousin John and creating the same unbreakable bond that the two hockey brothers shared. 

On Aug. 29, New Jersey State Police confirmed Johnny Gaudreau, 31, and his brother, Matthew, 29, were pronounced dead at the scene after they were hit by an alleged drunken driver while riding their bikes in their New Jersey hometown,  NBC Philadelphia reported. 

According to NJ Advance Media , the brothers were supposed to attend their sister’s wedding the following day. 

Johnny and Matthew Gaudreau previously played together at Boston College before their professional careers. Former coach Jerry York said the two were “inseparable.” 

Ariana Brockington is a trending news reporter at TODAY digital. She is based in Los Angeles.

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Sports Law Essay Competition 2023

About Chambers and the Competition

Littleton Chambers is described by legal directories and clients as “ the top set ” and having a “ strong pedigree when it comes to sports law disputes ”. [1] Its sports law barristers act in matters across the sporting arena, including club management and investment, governance and inquiries, participant misconduct, player and manager moves, safeguarding, equality and inclusion, and anti-doping.

The development of sports law and regulation does not take place in a silo. Littleton barristers often contribute to the legal discourse in sport by interacting with sports personalities and organisations written work and at speaking events. The Sports Law Essay Competition provides budding lawyers with a unique opportunity to broadcast their ideas to the wider sporting community and, thereby, improve regulation and governance in sport.

This year’s competition title centres on the friction between the sensitive nature of regulatory disputes and the need for openness in sport governance. The essay title, rules (including how to submit and marking criteria), and prizes are set out below. Competition entrants should note that arguments, themes and ideas which evidence original thought are highly prized, although it is unlikely that a wholly original theory can be developed within the short word-limit of the essay.

The deadline for submission is 9 am on Monday 27 th February 2023 .

The Essay Title

Transparency has been prized as foundational to good governance in sport (see, for instance, the International Olympic Committee’s Basic Universal Principles of Good Governance, principle 2). To what extent (if at all) are sport regulators justified in using confidential procedures, such as arbitration, to deal with participant misconduct?

Eligibility

• The competition is open to all students registered at a UK university (including those reading for the LPC, SQE or the Bar), all students registered on the ICCA’s Bar Vocational Training Course, trainee solicitors, and pupil barristers.
• Pupil barristers and employees of Littleton Chambers are excluded from the competition.
• Essays must be between 1,500 and 2,500 words including references.
• The contents of the essay should be typed in a legible font, at font size 12, with 1.5 or double-lined spacing.
• No particular style manual (eg OSCOLA) is prescribed, but style, format and references should be clear and used consistently throughout the essay so as not to detract from the content.
• The essay must be the sole creation and work of the competition entrant and must not have been submitted to any other body, person or organisation for publishing or examination.
• The essay must not contain the author’s name, university, law firm or chambers. These details should be included in the body of the email to which the essay is attached (see below).
• The deadline for submission and entry into the competition is 9 am on Monday 27 th February 2023 .
• Educational institution, firm or chambers; and
• Contact telephone number.
• Essays which do not meet the above requirements or are not submitted in the above manner shall not be considered and shall be removed from the competition.
• Each essay shall be read and marked by two barristers from Littleton’s Sports Law Group.
• Up to 15 marks for original thought and ideas ie to what extent does the essay touch upon or introduce new ideas, themes or arguments?
• Up to 15 marks for relevance ie how well does the essay address the topic/title and issues in question?
• Up to 10 marks for structure ie how persuasive and intelligible is the essay’s structure?
• Up to 10 marks for phrasing and grammar ie to what extent do words and phrases used enhance or detract from the arguments, themes and ideas in the essay?
• The essays with the top five highest average marks shall be considered by a panel of five barristers from Littleton’s Sports Law Group. The panel of five shall use the above marking criteria as a guide to selecting three winners from those five essays to receive the prizes.
• In the event of a tie at any stage, a barrister from Littleton’s Sports Law Group will be appointed to break the tie by selecting an essay/essays as they see fit.
• By submitting the essay, the entrant authorises Littleton Chambers (its members and staff) to use and publish the essay if and as it/they see/s fit.
• Further, the entrant authorises Littleton Chambers (its members and staff) to edit or modify the essay as it/they see/s fit prior use or publishing.

Prizes and Winners

• Each wining entrant will receive an Inspire Sports Law mini-pupillage at Littleton Chambers;
• The first place prize is £1000;
• The second place prize is £500; and
• The third place prize is £250.
• Winners will be contacted by email in the first instance and will be announced on Chambers’ website and social media channels.
• Whilst Littleton Chambers is grateful to all who participate in the competition, feedback will not be provided to those entrants who did not win.

[1] Taken from 2023 Chambers and Partners entry at https://chambers.com/department/littleton-chambers-sport-uk-bar-14:648:11841:2:10374 .

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• CRW Flags - Flag of Krasnodar Territory, Russia

Krasnodar , kray (territory), southwestern Russia , extending northward from the crest line of the Caucasus Mountains across the plains east of the Black Sea and the Sea of Azov as far as the Gulf of Taganrog. The plains, crossed by the Kuban and other rivers flowing to the Sea of Azov, form two-thirds of the region. Their steppe-grass vegetation on rich soils has been almost entirely plowed under. Widespread salt marshes and lagoons line the Azov coast. The southern third of the region is occupied by the western Caucasus, which reach 12,434 feet (3,790 metres) at Mount Psysh (in the neighbouring Karachay-Cherkessia republic) and fall gradually in height westward as they run parallel to the Black Sea, from which they are separated by a narrow coastal plain. The mountains’ lower slopes are covered by deciduous forest; higher up are conifers and alpine meadows.

The kray was established in 1937 with its headquarters at Krasnodar city in an area originally occupied by Kuban Cossacks. The population is overwhelmingly Russian but also includes some Adygey, Ukrainians, Armenians, Belarusians, and Tatars.

The northern plains form a major agricultural region that produces grains, especially winter wheat and, in the south, winter barley. Along the lower Kuban River, much swamp has been reclaimed for rice growing. Industrial crops, notably sunflowers, tobacco, and sugar beets, are important, as are vegetables along the Kuban and fruit and vines on the Caucasus foothills. Large numbers of cattle, pigs, and poultry are kept. Petroleum and natural gas are exploited on the Taman Peninsula and in the north. Novorossiysk and Tuapse are major oil-exporting ports. There are oil refineries at Krasnodar and Tuapse and a chemical complex at Belorechensk. Area 29,300 square miles (76,000 square km). Pop. (2006 est.) 5,096,572.