Supplementary materials for Panel: Current Legal and Business Issues in Professional Sports

1. How does labor turmoil affect the day-to-day operations of a sports franchise or league?

• AFL Collective Bargaining Agreement, 2012-2017
• NFL Collective Bargaining Agreement, August 4, 2011
• Brady v. National Football League, 644 F. 3d 661 (8th Cir. 2011)
• Brown v. Pro Football, Inc., 116 S. Ct. 2116 (1996)
• Powell v. NFL, 888 F.2d 559 (8th Cir. 1989).
• MLB 2012-2016 Basic Agreement
• NBA v NBPA, Class Action Complaint for Declaratory Relief, 11 Civ 5369
• NHL 2005 Collective Bargaining Agreement
• NHL Lockout Alberta Labour Board Decision, October 10, 2012
• Parlow, Matthew J., Issues Players Face with the Collective Bargaining Process (October 8, 2012). DePaul Journal of Sports Law and Contemporary Problems, Vol. 8, Issue 2, 2012; Marquette Law School Legal Studies Paper No. 12-23

2. In what ways has the economy affected the way in which teams/leagues conduct business?

• Anderson, Paul M. and Miller, William S., Sonic Bust: Trying to Retain Major League Franchises in Challenging Financial Times (April 3, 2011). Journal of Legal Aspects of Sport, Vol. 2, No. 1, pp. 117-168, Winter 2011.
• Parlow, Matthew J., The NBA and the Great Recession: Implications for the Upcoming Collective Bargaining Agreement Renegotiation (May 25, 2010). DePaul Journal of Sports and Contemporary Problems, Forthcoming; Marquette Law School Legal Studies Paper No. 10-29.

3. When it comes to brand identity for your team/league, is it important to “spread the wealth” among multiple athletes rather than supplying only the featured or star athlete to sponsors?

• J. Thomas McCarthy and Paul M. Anderson, Protection of the Athlete's Identity: The Right of Publicity, Endorsements and Domain Names , 11 Marq. Sports L. Rev. 195 (2001)
• Creating Brand Identity: How Charlotte Became the Bobcats
• Creating the Brand Identity for a Sports Team

4. As the use of social media and other forms of technology increases among fans and players, in what ways are teams/leagues dealing with controlling what is said by fans players on these new mediums?

• Leslie Ross, The Regulation of Social Media Use in Sport, World Sports Law Report, March 2011
• Daniel J. Friedman, Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, 2 Pace. I.P. Sports & Ent. L.F. 74 (2012).
• Lauren McCoy, 140 Characters or Less: Maintaining Privacy and Publicity in the Age of Social Networking, 21 Marq. Sports L. Rev. 203 (2010)
• http://www.tweeting-athletes.com/
• 2012 MLB Social Media Policy
• Maria Burns Ortiz, Examining sports leagues' social media policies, ESPN.com, Sept. 27, 2011.

5. How have teams/leagues addressed recent scandals (ie. Bountygate) related to player and coach conduct and discipline handed down by the league?

• Kevin Nogle, NewOrleans Saints Bounty Gate Player Penalties Announced,thephinsider,com, May 2, 2012.
• Gabe Feldman, New Orleans Saints Bounty Litigation Explained, Grantland, July 9, 2012.
• Steve Wyche, NFLPA asks for restraining order in bounty case, NFL.com, Sept. 4, 2012.
• Albert Breer, Saints player bounty suspensions overturned on appeal, NFL.com, NFL.com, Sept. 7, 2012.
• NFLPA v. NFL, Summary Decision: In the Matter of New Orleans Saints "Pay-for-performance" Bounty Program, Before the CBA Appeals Panel.
• NFL, NFL reaffirms discipline for players in Saints bounty program, Oct. 9, 2012
• Lynn Zinser, Bountygate: A Circular, Confusing History, New York Times, Oct. 10, 2012.
• Vilma v. Goodell, Amended Complaint, CIVIL ACTION NO. 12-CV-1283 c/w 12-CV-1718 (E.D. Louis. July 5, 2012).
• NFLPA v. NFL, Application to Vacate Arbitration Award, Case 2:12-cv-01744 (E.D. Louis. July 5, 2012).
• Roger Groves, Bountygate Lesson: Even NFL Commissioner Power Should Not Be Above the Law, Forbes, Sept. 19, 2012.

6. Has the power of the commissioner related to discipline, free agency, and other matters become too large across all sports?

• Gregor Lentze, The Legal Concept of Professional Sports Leagues: The Commissioner and an Alternative Approach from a Corporate Perspective, 6 Marq. Sports L. J. 65 (1995).
• Jonathan M. Reinsdorf, The Powers of the Commissioner in Baseball, 7 Marq. Sports L. J. 211 (1996).
• Brent D. Showalter, Technical Foul: David Stern's Excessive Use of Rule-Making Authority, 18 Marq. Sports L. Rev. 205 (2007).
• Parlow, Matthew J., Professional Sports League Commissioners’ Authority and Collective Bargaining (April 22, 2010). Texas Review of Entertainment & Sports Law, Vol. 11, p. 179, 2010.

7. If recent efforts to enact legal forms of sports gambling succeed, how could this affect business operations within leagues and teams? Would the allowance of sports gambling change the landscape of professional sports?

• Professional and Amateur Sports Protection Act, 28 U.S.C. §3701, et. seq. (2012)
• Bribery in Sports Contests Act, 18 U.S.C. §224 (2012)
• OFC Comm Baseball v. Markell, 579 F. 3d 293 ( 3rd Cir. 2009)
• New Jersey Gambling Law, 2012
• New Jersey Betting and Equal Treatment Act of 2012
• Complaint, NCAA, NBA, NFL, NHL, Office of the Commissioner v. Christopher Christie, Civ No. ___ (Aug. 7, 2012)
• Paul Anderson, No gambling allowed: The ban on sports gambling in the United States, 3 Global Sports Law and Taxation Reports 24 (September 2012)

8. As the concussion litigation against the NFL develops, and player safety becomes a larger focus, what are teams/leagues doing to ensure the safety of their athletes and avoid possible litigation going forward?

• NFL Concussion Litigation website
• Centers for Disease Control and Prevention, Injury Prevention & Control: Traumatic Brain Injury, Concussions in Sports
• http://www.sportsconcussions.org/ibaseline/

9. How does the globalization of sport affect your team/league?

• Ola Olatawura, The "Theatre of Dreams"? - Manchester United FC, Globalization, and International Sports Law, 16 Marq. Sports L. Rev. 287 (2006).
• Lucie Thibalt, Globalization of Sport: An Inconvenient Truth, 23 J. of Sport Management 1 (2009)
• Milanovic, Branko, Globalization and Goals: Does Soccer Show the Way? (December 2003).
• Kevin Ferra, A look at sport’s globalization, e-sports.com (June 3, 2005)

10. How does your team/league keep up with technological advances in order to best serve your fans and protect your brand?

• Amy Grossman, Ten Technologies Transforming Sport, Discovery.com

11. As prices for sports franchises continue to rise (i.e, Dodgers, possibly AEG) what are teams/leagues doing to continue to drive the values of their franchises up?

• Sale of Dodgers Finalized, ESPN.com, May 2, 2012
• Judge Approves $2.15 Billion Dodgers Sale to Magic Johnson Group, Hollywood Reporter, April 13, 2012
• A Comparison of Team Values in Professional Team Sports - 2 Year Update, Sports Facility Reports, Volume 8 (Summer 2007)
• Guggenheim Baseball/Los Angeles Dodgers, The American Lawyer, May 2012
• Nadia Damouni and Paritosh Bansal, AEG sale expected to top $10 billion, The Sun, October 9, 2012

12. How does a team go about working to acquire public financing of stadium improvements and renovations?

• Robert Baade & Victor Matheson, Financing Professional Sports Facilities, NAASE, Working Paper Series, Paper No. 11-02
• National Sports Law Institute, Sports Facility Reports, Volume 13 (2012)
• Parlow, Matthew J., Publicly Financed New Sports Facilities: Are They Economically Justifiable? A Case Study ofthe Los Angeles Staples Center. University of Miami Business Law Review, Vol. 10, No. 3, pp. 435, Spring/Summer 2002.
• Scott A. Jensen, Financing Professional Sports Facilities with Federal Tax Subsidies: Is it Sound Tax Policy?, 10 Marq. Sports L. J. 425 (2000).