SPORTS LAW MILLS - FALL 2006 - A - SPORTS LAW Lawyer must be certified by players association to negotiate players contracts Leagues are voluntary

SPORTS LAW Lawyer must be certified by players association to negotiate players contracts Leagues are voluntary associations. Organized so that the owner owns only the franchise. A franchise is only a license to do business in a particular area for that league and sport. Owners elect a commissioner. HE is rep of owners, basically CEO of the league. Has lots of powers. Player’s Union reps players COMMISSIONER POWERS Lots of power to discipline players and owners for on and off field stuff. Owners concerned about public image of the sport PETE ROSE CASE See functions of Commissioner Page 8 casebook Rose settled, Rose accepted penalty, never admitted betting on baseball Case was really about diversity jurisdiction, courts said there was diversity jurisdiction Commissioners powers stem from what is in the best interest of the sport and what is necessary to maintain the integrity of the game. Legal scope of commissioners authority, see five things to look for on page 11. Yankees v. Johnson 1919 Case was against president of American League. President of league position was removed about 5 years ago. Redsox Pitcher walked off mound. President suspended him. Redsox sold him to Yankees Yankees sued Johnson over pitcher’s suspension. Judge granted an injunction stopped Johnson from suspending pitcher because conduct was off the field.

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LANDIS CASE Free agent case. In sports this means a guy who has finished his contract and can walk out on his team and go to another one. No free agency before 1976. CONTRACTS Foot ball is the only team sport that does not have a guaranteed contract. All other sports have them. Only guarateed $ is signing bonus. Don’t always want a long term contract. Must play at least 4 years in NFL to get to unrestricted free agency, so want a contract of at least 4 years. CLUBS Can also discipline players 9/6 Chicago cubs successfully stopped in fed ct. an attempted division change by the Commissioner. Powers of Commissioner to act in best interst of baseball does not apply to collective bargaining. See Pg. 32. Players under league suspensions are usually paid when suspension is for on the field conduct. HOWE ARBITRATION Appealed suspension for chronic drug use and won because he had an undiagnosed psychiatric disorder which made him use drugs and because he was supposed to be tested every other day for coke but this was never done. Jack things they went overboard to help this guy. MLB Commissioner has power to declare a case outside of arbitration. This has never been invoked b/c same clause gives PA right to reopen negotiation of this term if ever invoked and PA find unsatisfactory. See Pg. 59. Judges are not inclined to overturn Commissioner’s decisions regarding drug use or integrity of the game.

DRUG TESTING STANFORD CASE Privacy rights Issues -disclose meds - urinate in front of a monitor Ct said becoming an athlete in team sport = lower expectation of privacy, appeals ct.