17 Legal Considerations in Sport Management C H A P T E R Anita M. Moorman, University of Louisville R. Christopher Reynolds, Indiana University Chapter 17

The Basics of Law Law is an accumulation of rules and regulations that govern our behavior  Legislatures (state and federal) enact statutes (continued)

The Basics of Law (continued) Agencies write or promulgate rules and regulations Courts interpret the statutes or rules and fill in any gaps left by legislatures (continued)

The Basics of Law (continued) Premise of law Precedent Stare decisis Adopted laws affect . . . Sport managers Sporting events Sport organizations

Sources of Law Constitutions Statutes Administrative law Common law

American Judicial System Divided into separate federal and state systems Federal and state constitutions U.S. Congress and state legislatures Federal and state court systems International Sidebar and Learning Activities: Sport Law and Policy in Greece

Profile Sidebars Jim Delany, commissioner of the Big Ten Conference Anita DeFrantz, executive board member of IOC and chair of the Commission of Women and Sports Greg Heller, VP and general counsel for the Atlanta Braves

Federal Constitution U.S. Constitution Amendments Supreme law in the U.S. Greatest source of individual rights to citizens Consists of preamble, articles, and amendments Limits and empowers government Amendments Protective intent of the U.S. Constitution

Federal Legislation Congressionally enacted legislation Reflects societal interests regarding conduct Statutory language Judges establish the application and interpretation of a statute Examples of federal laws affecting sport ADA and Title IX

Americans with Disabilities Act Passed in 1990 Prohibits discrimination People with disabilities People who are perceived to have a disability ADA and the sport industry

Title IX of the Education Amendments Act Passed in 1972 Precludes discrimination based on sex Compliance with Title IX is generally evaluated in three areas Department of Education’s three-prong test Impact on women’s athletics

State Legal Systems Legislature of each state responsible for enacting laws to govern its citizens in matters where federal legislation is silent State constitution State court system Areas of law based solely on state law Torts and contracts

Tort Law A civil wrong or injury for which the law permits a recovery Either a negligent act or an intentional act causing injury Compensatory and punitive damages

Negligence Failure to act as reasonably prudent person would have acted Plaintiff must prove these: Duty Breach of duty Proximate cause Injury Defenses for negligence

Types of Intentional Torts Invasion of privacy Defamation Assault Battery

Contracts An agreement between parties to do, or not to do, a particular act Contract law preserves and encourages right of parties to make or enter into agreements (continued)

Contracts (continued) Tenets of contract law Offer Acceptance Consideration Use of exculpatory agreements Waivers Releases

Practical Application Critical thinking in sport law Prayers over the PA system at athletic contests Ethics in sport law NCAA’s use of a student-athlete’s image or likeness Banning lawyers for student-athletes

Future Challenges Office conduct and related policy issues Clear and enforceable contractual agreements Retention and hiring of coaches and administrators Advances in technology

Three Review Questions What guarantees included in the U.S. Constitution affect sport? How have the ADA and Title IX legislative acts influenced the sport industry? What are the benefits of contracts for sport organizations, nonsport entities that deal with sport, and sport personnel?