author (Sept. 26, 2009 18:33 CS'T) (summarizing reasons why MMA observers were critical of Garcia) (on file with author); Posting of Cannon Jacques to BloodyElbow.com, armando-garcia-leaves-csac (Nov. 10, 2008, 08:24 EST) (comments applauding Garcia's departure). 67. Peter Funt, Op-Ed., The Disturbing Appeal of Human Doglghting' BOSTON GLOBE, July 29, 2009, at Letters 10 (citation omitted) (criticizing MMA). Dogfighting and cockfighting analogies, while rhetorically colorful, are inapt. Animals are incapable of consenting to the risk of harm to pursue athletic ends; humans are. 68. N.Y. UNCONSOL. LAW § 8905-a (McKinney 2008) (banning professional "combative sports," which includes MMVA). A movement is afoot, however, to lift the ban. See, e.g., Chris Parry, Legislative Deadlock Places Hurdle Before New York AIMA Regulation Bill, VANCOUVER SUN, June 23, 2009, available at hurdle+before+York+regulation+bill/ 1 725748/story.html (discussing status of efforts to change NY ban on MMA).
222 HASTINGS CoMM/ENT L.J. [32:2 not appeal to all on grounds of taste, this author oft-made claim that MMA is somehow inherently illegitimate in any meaningful sense of the term. MMA is a legitimate sport/activity, meaning that, in its current incarnation, MMA does not offend customary notions of what Americans accept as sport or entertainment. In comparative terms, MMA is no different (and certainly not more objectionable) than many other forms of sport and entertainment found flourishing on the broad stage of American culture. 69 A. Social Utility Societies have long prized athletic valor and physical competition-i.e., sport-for reasons large and small. 70 Because few dispute that sport qua sport is socially valuable, only a brief acknowledgement of its utility is necessary here. To wit, athletics promote many things considered positive, such as recreational satisfaction and physical fitness. 71 But sport is more than enjoyable exertion; it is also competitive, goal-oriented, and rule-bound. The competitive aspect of sport encourages practice and commitment to craft in pursuit of the maximum development of one's potential, so that victory and/or the meeting of performance goals are more likely. 72 For the same reason, sport also promotes strategic and tactical thinking, and often the acceptance of instruction from a more knowledgeable practitioner. Moreover, sport familiarizes athletes with the notion of rules, and seems likely to instill an appreciation for the benefits of observing agreed-upon rules; i.e., fair play. These lessons of sport-pushing oneself, disciplined dedication to craft, improved strategic thinking, understanding the value of fair play-have long been believed (or hoped) to beneficially affect the athlete's outside-of-sport conduct.
- Spring '16
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- Test, MMA, Mixed martial arts, UFC, Ultimate Fighting Championship