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In this thoroughly revised Fourth Edition, Glenn Wong provides a comprehensive review of the various sports law issues facing professional, intercollegiate, Olympic, high school, youth, and adult recreational sports. Major topics include tort liability, contracts/waivers, antitrust law, labor law, constitutional law, gender discrimination, drug testing, intellectual property law, broadcasting laws pertaining to sports agents, business and employment law, Internet gambling, and athletes with disabilities. Significant additions here include new court decisions, agreements (contracts and collective bargaining agreements), and legislation (federal, state, association, and institutional rules and regulations). Discussions of legal concepts are supplemented with summaries and excerpts from hundreds of actual sports cases. Wong cites a variety of books, law review articles, newspaper articles, and Web links for those requiring further information on particular topics. This text-professional guide serves as an invaluable resource to those involved, or studying to become involved, in the vast industry of sports.
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ESSENTIALS OF SPORTS LAW This page intentionally left blank ESSENTIALS OF SPORTS LAW Fourth Edition GLENN M. WONG Copyright 2010 by ABC-CLIO All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Wong, Glenn M. Essentials of sports law / Glenn M. Wong. — 4th ed. p. cm. Includes bibliographical references and index. ISBN 978-0-313-35675-9 (hard copy : alk. paper) — ISBN 978-0-313-35676-6 (ebook) 1. Sports—Law and legislation—United States. I. Title. KF3989.W66 2010 344.73’099 — dc22 2010021794 ISBN: 978-0-313-35675-9 EISBN: 978-0-313-35676-6 14 13 12 11 10 1 2 3 4 5 This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. Praeger An Imprint of ABC-CLIO ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America CONTENTS Preface to the First Edition Preface to the Second Edition Preface to the Third Edition Preface to the Fourth Edition chapter 1 Introduction 1.1. The Sports Industry 1.2. Professional Sports Leagues 1.2.1. A Brief Economic Overview 1.2.2. Impact of Broadcast Contracts 1.2.3. Attendance 1.2.4. Luxury Suites 1.2.5. Personal Seat Licenses 1.2.6. Sponsorships, Licensing, and Merchandising 1.2.7. Commissioners 1.2.8. Single-Entity Leagues 1.3. Intercollegiate Athletics 1.3.1. Organizational Structure 1.3.2. Economic Overview 1.3.2.1. Revenues 1.3.2.2. Expenses 1.3.3. The Institutions 1.3.4. Institution Case Study: University of Michigan Athletic Department 1.3.5. Knight Foundation Commission on Intercollegiate Athletics xix xxi xxiii xxvii 1 2 3 4 6 9 10 10 11 13 15 16 17 19 20 21 22 23 25 vi • CONTENTS 1.4. The Olympics 1.4.1. Organizational Structure 1.4.2. International Federations and National Governing Bodies 1.4.3. Economic Overview of Olympic Bodies 1.4.4. International Olympic Committee Responses to Prevailing Legal Issues 1.5. Interscholastic Athletics 1.6. Individual Sport Issues 1.7. Facilities, Agency Firms, and Media 27 27 31 33 34 35 36 37 chapter 2 The Court and Legal System in the United States 39 2.1. The Federal Court System 2.1.1. U.S. Supreme Court 2.1.2. U.S. Courts of Appeals 2.1.3. U.S. District C