Sports law in the United States overlaps substantially with
labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
,
contract law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
, competition or
antitrust law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust ...
, and
tort law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
. Issues like defamation and
privacy rights
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
are also integral aspects of sports law. This area of law was established as a separate and important entity only a few decades ago, coinciding with the rise of player-agents and increased media scrutiny of sports law topics.
Amateur sports law
Membership is voluntary. The
NCAA
The National Collegiate Athletic Association (NCAA) is a nonprofit organization that regulates student athletics among about 1,100 schools in the United States, Canada, and Puerto Rico. It also organizes the athletic programs of colleges an ...
operates along a series of bylaws that govern the areas of ethical conduct, amateur eligibility, financial aid, recruiting,
gender equity
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
, championship events, and academic standards. The
NCAA
The National Collegiate Athletic Association (NCAA) is a nonprofit organization that regulates student athletics among about 1,100 schools in the United States, Canada, and Puerto Rico. It also organizes the athletic programs of colleges an ...
has enforcement power and can introduce a series of punishments up to the death penalty, the company term for the full shut-down of a sporting activity at an offending college. Coaches are offered contracts and if any contractual agreement is violated NCAA has the right to hold any person(s) under the contract liable.
Title IX
Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
is an increasingly important issue in
college sports
College athletics encompasses non-professional, collegiate and university-level competitive sports and games.
World University Games
The first World University Games were held in 1923. There were originally called the ''Union Nationale des É ...
law. The act, passed in 1972, makes it illegal for a federally funded institution to discriminate on the basis of
sex or gender
Though the terms ''sex'' and ''gender'' have been used interchangeably since at least the fourteenth century, in contemporary academic literature they usually have distinct meanings. ''Sex'' generally refers to an organism's biological sex, while ...
. In sports law, the piece of legislation often refers to the effort to achieve equality for women's sports in colleges. The
Office of Civil Rights
The Office for Civil Rights (OCR) is a sub-agency of the U.S. Department of Education that is primarily focused on enforcing civil rights laws prohibiting schools from engaging in discrimination on the basis of race, color, national origin, sex ...
(OCR) is charged with enforcing this legislation. This agency implemented a three-prong test for schools to adhere to:
*Are the opportunities for female and male athletes proportionate to their enrollment?
*Does the school have a history of expanding athletic opportunities for women?
*Has the school demonstrated success in meeting the needs of its students?
In 1995 the Gender in Equity Disclosure Act was passed to require schools to make an annual, public report on male-female athletic participation rates, recruiting by gender, and financial support. The U.S. Supreme Court's decision in ''Brown University v. Cohen'', is an important aspect of litigation for women sports.
A critical piece of federal legislation, the Amateur Sports Act of 1978 guarantees certain due process rights including hearings and appeals for U.S. athletes under the governance of the USOC and its NGBs.
Labor issues in sports
In 1967, the
National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
accepted that players have the right to form unions or players' associations. It is now common for
professional athletes
In professional sports, as opposed to amateur sports, participants receive payment for their performance. Professionalism in sport has come to the fore through a combination of developments. Mass media and increased leisure have brought lar ...
to organize into associations or unions in order to negotiate
collective bargaining agreements
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
' (CBAs) with their sport's owners. Under federal labor law, players and owners must negotiate mandatory issues, those relating to hours, wages, and working conditions, in good faith. All other issues are deemed "permissive," and do not have to be negotiated. Once a CBA is in place, players agree not to strike and owners promise not to lock out players. By way of example, the 2005
National Hockey League
The National Hockey League (NHL; french: Ligue nationale de hockey—LNH, ) is a professional ice hockey league in North America comprising 32 teams—25 in the United States and 7 in Canada. It is considered to be the top ranked professional ...
season was cancelled because of an owners' lockout after the parties' CBA had expired. In 1994,
Major League Baseball
Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (AL), ...
lost half its season and the playoffs because ballplayers went on strike over the issue of a
salary cap
In professional sports, a salary cap (or wage cap) is an agreement or rule that places a limit on the amount of money that a team can spend on players' salaries. It exists as a per-player limit or a total limit for the team's roster, or both. Sever ...
. Historically, the most controversial issues subject to CBA negotiation are
free agency
In professional sports, a free agent is a player who is eligible to sign with other clubs or franchises; i.e., not under contract to any specific team. The term is also used in reference to a player who is under contract at present but who is a ...
,
minimum salary, squad size, draft, salary cap, grounds for termination, and suspension.
In nearly all professional sports, the issue of limits on the use of
performance-enhancing drugs
Performance-enhancing substances, also known as performance-enhancing drugs (PEDs), are substances that are used to improve any form of activity performance in humans. A well-known example of cheating in sports involves doping in sport, where bann ...
has become an integral aspect of CBA negotiations. Drug policies are not uniform for all professional sports. Typically, each CBA explains the policy regarding drug testing, list of
banned drugs
In competitive sports, doping is the use of banned athletic performance-enhancing drugs by athletic competitors as a way of cheating in sports. The term ''doping'' is widely used by organizations that regulate sporting competitions. The use of ...
, violations, penalties, privacy issues, and rights of appeal. Drug violations may lead to suspensions and loss of salary. The
BALCO
The Bay Area Laboratory Co-operative (BALCO) (1984–2003) was an American company led by founder and owner Victor Conte. In 2003, journalists Lance Williams and Mark Fainaru-Wada investigated the company's role in a drug sports scandal later re ...
controversy involving high-profile professional athletes and coaches highlights the allegedly widespread use of performance-enhancing drugs in different sports.
Sports agents are generally certified by each sport's players' association. Once certified, agents or contract advisors may negotiate individual player contracts. Agents who are entrusted to conduct business on a player's behalf owe a
fiduciary duty
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...
, i.e., a duty to remain loyal, act honestly, behave ethically, and act in the player's best interest when negotiating. More than half the states in the United States currently regulate the activities of agents in addition to union regulation for bad acts. Super agents like baseball's
Scott Boras
Scott may refer to:
Places Canada
* Scott, Quebec, municipality in the Nouvelle-Beauce regional municipality in Quebec
* Scott, Saskatchewan, a town in the Rural Municipality of Tramping Lake No. 380
* Rural Municipality of Scott No. 98, Saska ...
and football's
Drew Rosenhaus
Drew Jordan Rosenhaus (born October 29, 1966) is an American sports agent who represents professional football players. He owns the Miami-based sports agency Rosenhaus Sports, and has negotiated over $7 billion of NFL contracts.
Early life an ...
are frequently the subject of media profiles.
The first body to assist agents in learning the ins and outs of contract negotiations, endorsements and media relations was the Association for Representatives of Athletes (ARPA). The co-founders and leaders of ARPA, since absorbed into the
NFL Players Association
The National Football League Players Association, or NFLPA, is a labor union representing National Football League (NFL) players. The NFLPA, which has headquarters in Washington, D.C., is led by president J. C. Tretter and executive director DeM ...
, were Professor William Weston of the
University of Baltimore Law School
The University of Baltimore School of Law, or the UB School of Law, is one of the four colleges that make up the University of Baltimore, which is part of the University System of Maryland. The UBalt School of Law is one of only two law schools i ...
and Professor Michael E. Jones of the
University of Massachusetts Lowell
The University of Massachusetts Lowell (UMass Lowell and UML) is a public research university in Lowell, Massachusetts, with a satellite campus in Haverhill, Massachusetts. It is the northernmost member of the University of Massachusetts public u ...
. The late Bob Woolf is acknowledged as being one of the first agents for assisting
Boston Red Sox
The Boston Red Sox are an American professional baseball team based in Boston. The Red Sox compete in Major League Baseball (MLB) as a member club of the American League (AL) East division. Founded in as one of the American League's eight ...
pitcher
Earl Wilson to negotiate his player contract.
Antitrust issues in sports
Until a few decades ago, most United States professional sports leagues' contracts retained clauses contracts that essentially prevented players from leaving their original teams by their own choice. These "reserve clauses" were upheld because courts found that these sports leagues did not operate in interstate trade or commerce, meaning they did not fall under
antitrust laws
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
. See ''
Federal Baseball Club v. National League
''Federal Baseball Club v. National League'', 259 U.S. 200 (1922), is a case in which the U.S. Supreme Court ruled that the Sherman Antitrust Act did not apply to Major League Baseball.
Background
After the Federal League folded in 1915, most of ...
'' (1922). This interpretation has largely been eroded today. However,
Major League Baseball
Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (AL), ...
may still retain limited antitrust exemptions (it is unclear whether the entire exemption has been overruled by Flood Act because the true extent of the exemption was vague). It is important to note that the formation of players unions for the purpose of negotiating contracts with management is exempt from antitrust scrutiny under labor law. The
by-product
A by-product or byproduct is a secondary product derived from a production process, manufacturing process or chemical reaction; it is not the primary product or service being produced.
A by-product can be useful and marketable or it can be consid ...
of good faith negotiations between management and players unions in the form of a CBA is also exempt from antitrust scrutiny.
Antitrust challenges have recently taken the form of other domestic leagues challenging
Major League Soccer
Major League Soccer (MLS) is a men's professional soccer league sanctioned by the United States Soccer Federation, which represents the sport's highest level in the United States. The league comprises 29 teams—26 in the U.S. and 3 in Canada ...
and the
United States Soccer Federation
The United States Soccer Federation (USSF), commonly referred to as U.S. Soccer, is a 501(c)(3) nonprofit organization and the official governing body of the sport of soccer in the United States. Headquartered in Chicago, the federation is ...
. This occurred in 2017, when the North American Soccer League (NASL) filed a lawsuit against United States Soccer Federation (USSF) following USSF's modification of its divisional requirements and its decision not to renew NASL's status as Division 2 for the 2018 year. NASL’s antitrust case was based on MLS’s single-entity structure and lack of promotion and relegation, something MLS receives an exemption from FIFA for doing. This was the first time a challenge to single-entity, closed-shop structure was brought by a lower league. NASL sought preliminary injunction against USSF imposing the new requirements, but was denied again on appeal. While preliminary injunction was denied, the case remains pending and may go trial.
In July 2021, a New York court found no violation of antitrust laws when FIFA and USSF set standards blocking foreign clubs from hosting competitive matches in the United States. Friendly and exhibition matches commonly take place in the United States.
Tort law issues
Until recently,
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s were never part of the landscape of sports law. A tort can be defined as an actionable wrong However, in 1975 an Illinois appeals court established that players can be found guilty of negligence if their actions are "deliberate, willful or with a
reckless disregard
''Reckless Disregard'' is a 1985 American film that was directed by Harvey Hart. It stars Tess Harper as a lawyer that must defend a physician against claims of selling prescriptions. After accepting the part Harper commented that the role was dif ...
for the safety of another player so as cause injury to that player." See ''Nabozny v. Barnhill''. Negligence torts are typically harder to prove in
contact sport
Contact sports are sports that emphasize or require physical contact between players. Some sports, such as mixed martial arts, are scored on impacting an opponent, while others, including rugby football, gridiron football and Australian rules fo ...
s, where violent actions and injuries are more common and thus more expected ("assumption of risk" or "self-defense"). Spectators can also sue for negligence if their injuries could not have been expected (not "foreseeable") given the nature of the sporting event they were attending. A baseball fan sitting in the bleachers could reasonably expect a baseball might come toward the seat, but a wrestling fan sitting courtside would not reasonably expect a wrestler to come flying his or her way.
Sports' tort law extends into other less obvious areas. Team doctors could be liable for medical malpractice, a form of negligence, for giving a player a false clean bill of health so the player may continue to perform. A player who purposefully causes
bodily harm
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, t ...
to another athlete, coach, or spectator may be guilty of committing an intentional tort along with a criminal act of
assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
and
battery
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
. The law of defamation protects a person's good character or reputation. The publication of false information about a well-known athlete ("public figure") may be actionable if it was published with a reckless disregard for the truth or
actual malice
Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general publi ...
. The growth of non-traditional media outlets, e.g. web pages,
instant messaging
Instant messaging (IM) technology is a type of online chat allowing real-time text transmission over the Internet or another computer network. Messages are typically transmitted between two or more parties, when each user inputs text and trigge ...
, cable, etc. has added a new dynamic to this area of the law.
In recent years, the topic of
concussion
A concussion, also known as a mild traumatic brain injury (mTBI), is a head injury that temporarily affects brain functioning. Symptoms may include loss of consciousness (LOC); memory loss; headaches; difficulty with thinking, concentration, ...
s in the
National Football League
The National Football League (NFL) is a professional American football league that consists of 32 teams, divided equally between the American Football Conference (AFC) and the National Football Conference (NFC). The NFL is one of the ...
has come to the spotlight. Numerous agents, doctors, players, and their families have spoken out about the impact that repeated concussions have had on their
oved one'slife. In 2011, over 4,500 former NFL players "filed a class-action lawsuit against the NFL" in support of allegations that the NFL has downplayed or ignored an unfortunate truth: that NFL players are more at risk of
Chronic Traumatic Encephalopathy
Chronic traumatic encephalopathy (CTE) is a neurodegenerative disease linked to repeated trauma to the head. The encephalopathy symptoms can include behavioral problems, mood problems, and problems with thinking. The disease often gets worse o ...
(CTE) and other forms of brain trauma. In fact, a recent study conducted by
Boston University's
Boston University (BU) is a private research university in Boston, Massachusetts. The university is nonsectarian, but has a historical affiliation with the United Methodist Church. It was founded in 1839 by Methodists with its original campu ...
school of medicine claimed that 99% of the "brains obtained from the NFL" tested positive for CTE. The lawsuit filed against the NFL displays the
assumption of risk
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and kno ...
defense in the law of torts. The NFL uses this doctrine as a defense, stating that the
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
(players) knew the risks of their job prior to when the injuries occurred. This doctrine is countered by the
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
who claim the NFL had the
duty to warn
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to d ...
, stating that the NFL did not fulfill their duty to warn their players of the full risks associated with playing. This lawsuit was settled in 2015. The NFL was forced to donate $1 billion towards educational programs, payments to retired players, and in-game safety precautions.
Closely related to the subject of torts in some ways, is the area of publicity rights. While the tort of defamation protects a person's reputation, the
right of publicity
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as ...
permits a person to commercially exploit his or her likeness, name, and image. This area of sports law includes trademarks, trade-names, domain names, and copyrights.
Academic aspects of sports law
*
Arizona State University
Arizona State University (Arizona State or ASU) is a public research university in the Phoenix metropolitan area. Founded in 1885 by the 13th Arizona Territorial Legislature, ASU is one of the largest public universities by enrollment in the ...
's
Sandra Day O'Connor College of Law
The Sandra Day O'Connor College of Law (ASU Law) is one of the professional graduate schools at Arizona State University in Phoenix, Arizona. The school is located in the Beus Center for Law and Society on ASU's downtown Phoenix campus. The law ...
located in Downtown
Phoenix
Phoenix most often refers to:
* Phoenix (mythology), a legendary bird from ancient Greek folklore
* Phoenix, Arizona, a city in the United States
Phoenix may also refer to:
Mythology
Greek mythological figures
* Phoenix (son of Amyntor), a ...
has one of the most highly respected and innovative sports law programs in the nation. The home of the
Allan "Bud" Selig Sports Law and Business program which offers a plethora of opportunities to enroll in sports law courses ranging from Negotiations and ADR in Sports to
NCAA
The National Collegiate Athletic Association (NCAA) is a nonprofit organization that regulates student athletics among about 1,100 schools in the United States, Canada, and Puerto Rico. It also organizes the athletic programs of colleges an ...
Compliance, Infractions, and Enforcement to Pro Team Sports Legal Operations and everything in between. ASU Law students can enroll in the dual-degree program to earn both a Juris Doctor and Masters of Sports Law and Business in only seven (7) semesters. ASU has their own student-run
journal
A journal, from the Old French ''journal'' (meaning "daily"), may refer to:
*Bullet journal, a method of personal organization
*Diary, a record of what happened over the course of a day or other period
*Daybook, also known as a general journal, a ...
''Arizona State Sports and Entertainment Law Journal'' which is one of the most cited publications in all of sports law.
*
Marquette University Law School
Marquette University Law School is the professional graduate law school of Marquette University in Milwaukee, Wisconsin. It is one of two law schools in Wisconsin and the only private law school in the state. Founded in 1892 as the Milwaukee Law ...
offers a sports law program. The program provides students with the opportunity to earn a Sports Law Certificate from its National Sports Law Institute, and publishes the Marquette Sports Law Review.
The NSLI is one of the leading national educational and research institutes for the study of legal, ethical, and business issues affecting amateur and professional sports. Marquette's Sports Law Program and the NSLI combine to host an annual sports law conference, guest speakers, and other events, as well as sponsor student internships with several sports organizations in the greater Milwaukee area.
[Sports Law](_blank)
Marquette University Law School
*The
Tulane University Law School
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States.
In addition to the usual common ...
offers a certificate in sports law and runs the ''
Sports Lawyers Journal'', a student-run law journal funded by the Sports Lawyers Association. Tulane also hosts two nationally renowned sports law competitions, the Tulane National Baseball Arbitration Competition and the Tulane Pro Football Negotiation Competition.
*
Villanova University School of Law's Jeffrey S. Moorad Center is one of the premier sports law programs in the country. The Center aims to be a thought leader not only in sports law but also in topical issues and the changing dynamics in sports news, sports business, sports media, and sports policy. The Center takes students, alumni, and patrons to broader issues that lead to discourse and provide thoughtful and experienced analysis. Villanova School of Law also boasts the
biannual
An anniversary is the date on which an event took place or an institution was founded in a previous year, and may also refer to the commemoration or celebration of that event. The word was first used for Catholic feasts to commemorate saints. ...
Jeffrey S. Moorad Sports Law Journal, which publishes scholarly articles on topics in the field of sports law.
Outside the United States
International amateur sports are run by a variety of organizations. The
International Olympic Committee
The International Olympic Committee (IOC; french: link=no, Comité international olympique, ''CIO'') is a non-governmental sports organisation based in Lausanne, Switzerland. It is constituted in the form of an association under the Swiss ...
(IOC) is made up of each country's Olympic Committee, which in turn recognizes a national governing body (NGB) for each Olympic related sport. The United States Olympic Committee (USOC) is the national governing body for all U.S. athletes in the Olympic and
Pan-American Games
The Pan American Games (also known colloquially as the Pan Am Games) is a continental multi-sport event in the Americas featuring summer sports, in which thousands of athletes participate in a variety of competitions. The competition is held ...
. The IOC is the international governing body for the summer and
winter Olympic Games
The Winter Olympic Games (french: link=no, Jeux olympiques d'hiver) is a major international multi-sport event held once every four years for sports practiced on snow and ice. The first Winter Olympic Games, the 1924 Winter Olympics, were he ...
.
Labor issues are not unique to United States law. The
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
has dealt with countless sports-related legal issues. The most important development in this area was the
Bosman ruling
''Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman'' (1995) C-415/93 (known as the Bosman ruling) is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of association ...
, in which the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
invalidated restrictions imposed by EU member countries and
UEFA
Union of European Football Associations (UEFA ; french: Union des associations européennes de football; german: Union der europäischen Fußballverbände) is one of six continental bodies of governance in association football. It governs f ...
(the governing body for
football
Football is a family of team sports that involve, to varying degrees, kicking a ball to score a goal. Unqualified, the word ''football'' normally means the form of football that is the most popular where the word is used. Sports commonly c ...
within Europe) on foreign EU nationals. Bosman was extended to countries with associate trading relationships with the EU by the
Kolpak ruling
The ''Kolpak'' ruling is a European Court of Justice ruling handed down on 8 May 2003 in favour of Maroš Kolpak, a Slovak handball player. It declared that citizens of countries which have signed European Union Association Agreements have the s ...
. The
6+5 rule
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number.
In mathematics
Six is the smallest positive integer which is neither a square number nor a prime number; it is the second small ...
was a proposed rule by
FIFA
FIFA (; stands for ''Fédération Internationale de Football Association'' ( French), meaning International Association Football Federation ) is the international governing body of association football, beach football and futsal. It was found ...
that sought to limit the effects of Bosman and its offshoots on football clubs; it sparked considerable legal controversy in Europe and was abandoned in 2010.
The subject of
drug test
A drug test is a technical analysis of a biological specimen, for example urine, hair, blood, breath, sweat, or oral fluid/saliva—to determine the presence or absence of specified parent drugs or their metabolites. Major applications of drug ...
ing, especially in international sports like cycling and
track and field
Track and field is a sport that includes athletic contests based on running, jumping, and throwing skills. The name is derived from where the sport takes place, a running track and a grass field for the throwing and some of the jumping events ...
, is under the jurisdiction of each sport's NGB and international federation, the USOC, the IOC, and the
World Anti-Doping Agency
The World Anti-Doping Agency (WADA; french: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate, and monitor the fight against drugs in sports. The agency's key ...
. The final arbitrator in resolving drug related disputes is the
Court of Arbitration for Sports
The Court of Arbitration for Sport (CAS; french: Tribunal arbitral du sport, ''TAS'') is an international body established in 1984 to settle disputes related to sport through arbitration. Its headquarters are in Lausanne, Switzerland and its c ...
.
Australia
The capacity for the law of assault to intervene in contact sports is limited by the athlete's willing participation. By engaging in a sport, participants are held to accepted the inherent risks of such an activity as applied in ''Rootes v Shelton''.
However, questions of legality arise where the conduct was deliberate as was the case in ''McCracken v Melbourne Storm & Orcs,'' where Melbourne Storm players sought to intentionally injure McCracken during play. Similarly, issues also arise where conduct can be characterised to fall "outside the scope of the Plaintiff's consent to degree of physical contact during the game",
[''Sibley v Milutinovic'' 990ACTC 6] thus invoking compensation.
See also
*
Jock tax
In the United States, the jock tax is the colloquially named income tax levied against visitors to a city or state who earn money in that jurisdiction. Since a state cannot afford to track the many individuals who do business on an itinerant basis, ...
References
#Champion, Walter, Sports Law. 2nd edition, St. Paul, MN: West Publishing Co. 2000.
#Dudley, William, Drugs and Sports. San Diego, CA: Greenhaven Press, 2001.
#Epstein, Adam, Sports Law. Clifton Park, NY: Thomson Press, 2003.
# Jones, Michael. Sports Law. Upper Saddle River, NJ: Prentice-Hall, 1999.
#Jones, Michael. Rules of the Game: Sports Law, Rowman & Littlefield, 2016.
#Weiler, Paul and Roberts, Gary. Sports and the Law. St. Paul, MN: West Publishing, 1993.
# Wong, Glenn. Essentials of Amateur Sports Law. Westport, CN: Praeger, 1994.
#Yasser, Raymond, et al. Sports Law: Cases and Materials, 5th edition, Cincinnati, OH: Anderson Publishing Co., 2003
Further reading
*
*
External links
Sports related legal forms.Court of Arbitration for Sport
*
ttp://iasl.org/modules.php?name=Sections&op=viewarticle&artid=14 International Association of Sports LawBritish Association for Sport and the Law
Sport and the Law Journal
Entertainment and Sports Law JournalAmerican Bar Association - Forum on the Entertainment and Sports IndustriesMarquette Sports Law ReviewDerecho Deportivo en Línea* http://www.the-aasl.org/en/index.php Asian Association of Sports Law
LawinSport - The International Sports Law PublicationSportsNLaw - Sports News Through A Legal Lens
{{DEFAULTSORT:Sports Law
United States
Law of the United States
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...