Oct

23

First Sports Law Treatise?

Posted by: J. Gordon Hylton | October 23, 2009 | Leave a Comment

It is difficult to say what was the first law-related book devoted to sports law, but if the title is any indication, it could be W. M. Thompson and J. D. A. Johnson, The Law of Sports (1896), which was published by W. B. Hearnden of New Inn Chambers, London.  Its authors appear to have [...]

Oct

16

Does Larry Jansen Belong in the Right of Publicity Hall of Fame?

Posted by: J. Gordon Hylton | October 16, 2009 | Leave a Comment

Former major league pitcher Larry Jansen died this week at age 89.  Although he was one of the leading pitchers in the National League in the 1950’s, he has been all but forgotten by the American public.
Students of sports history primarily remember him as the winning pitcher in one of the most famous games in [...]

Oct

8

The “Who Owns the Baseball” Issue Just Will Not Go Away

Posted by: J. Gordon Hylton | October 8, 2009 | 11 Comments

Earlier this week, the Philadelphia Phillies decided to return the baseball that Phillie Ryan Howard hit for his 200th career home run to the fan that caught the ball.  This particular baseball is significant because Howard reached the 200 home run mark in fewer games than any player in baseball history.   The “historic” home run [...]

Oct

6

President Obama Behind in the Count in the Sports Arena

Posted by: J. Gordon Hylton | October 6, 2009 | 1 Comment

Whatever success he may have in regard to health care reform, economic recovery, or the war in Afghanistan, President Barack Obama has already demonstrated that his ability to influence the world of sport is quite limited.  His unsuccessful efforts to convince the International Olympic Committee to award the 2016 Summer Olympics to his adopted hometown [...]

Oct

2

Why Did Chicago Lose Out in its Olympic Bid?

Posted by: J. Gordon Hylton | October 2, 2009 | 6 Comments

By now everyone has heard that Chicago has lost out in its bid to host the 2016 Summer Olympic Games.  Not only was Rio de Janeiro chosen over the Windy City, but the American city was the first of the four finalists (Rio, Chicago, Tokyo, and Madrid) to be eliminated at the Copenhagen meeting of [...]

Oct

1

University of North Dakota Indian Mascot Receives a Reprieve

Posted by: J. Gordon Hylton | October 1, 2009 | 3 Comments

Defenders of the University of North Dakota’s use of the “Fighting Sioux” as the nickname for its athletic teams (in use since 1930) received a reprieve this week when the North Dakota State Board of Higher Education, responding to events on the Standing Rock Sioux Reservation, granted the University a month-long extension for the use [...]

Sep

18

Myles Brand and the Illusion of Reform

Posted by: J. Gordon Hylton | September 18, 2009 | 4 Comments

Although NCAA president Myles Brand has just passed away, it is not too early to comment on his legacy in the world of big-time college sports.  When he was appointed to his position in 2002, those who believed that the NCAA was in need of serious reform were delighted.  Brand was then president of the [...]

Sep

7

Learning About Law . . . by Watching Football?

Posted by: Michael M. O'Hear | September 7, 2009 | Leave a Comment

Who knew you could learn so much about jurisprudence from the NFL rulebook?  In a new paper on SSRN, Chad Oldfather (Vikings fan) and 3L Matthew Fernholz (Bears fan) demonstrate that it is surprisingly illuminating to compare and contrast the rules of instant replay with the rules of appellate review.  Their title says it all: “Comparative Procedure on [...]

Sep

1

Is Michael Vick a Civil Rights Martyr?

Posted by: J. Gordon Hylton | September 1, 2009 | 3 Comments

Michael Vick’s return to the NFL last Thursday demonstrated, if nothing else, that Americans are tired of debating dog-fighting and the appropriateness of Vick’s 23 month sentence for violating federal dog-fighting laws.  Only a couple of anti-Vick demonstrators showed up at the game.  In fact, by far the largest number of demonstrators at the game [...]

Aug

23

Blood Testing of Athletes

Posted by: Michael M. O'Hear | August 23, 2009 | Leave a Comment

Urine testing has become a familiar part of the sports landscape, but less so blood testing.  However, the development of a blood test for human growth hormone has the potential to make blood testing of athletes more common.  Matt Mitten considers legal aspects of such testing in a  new paper on SSRN entitled “Legal Issues Arising Out of Blood [...]

Aug

19

Athletes Behaving Badly

Posted by: Michael M. O'Hear | August 19, 2009 | Leave a Comment

Did Michael Vick get off easy when he was reinstated by the NFL?  Or would the League overstep its proper role in imposing further punishment on an athlete who has already paid his proverbial debt to society?  Variations on these questions arise every time a famous professional athlete breaks the law — an all-too-common occurence, it seems.  
Janie Kim and [...]

Aug

14

Does Baseball’s Antitrust Immunity Extend to Baseball Card Contracts?

Posted by: J. Gordon Hylton | August 14, 2009 | 1 Comment

The baseball antitrust exemption has turned out to be one of the great anomalies of American law.  First recognized in the Supreme Court’s Federal Baseball decision in 1922 at a time when “commerce” was understood much more narrowly than it would be in the post-New Deal world, the exemption took on a life of its [...]

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