Space Law Outline

SPORTS LAW

STRAUBEL

FALL 2010

I. Olympic Movement

A. The Olympic Movement

1. IOC governs entire structure: power comes from who gets to have a sport at Olympics

a. IF – International Federation: each sport has its own governing body

b. NOC – National Olympic Committee: each country has its own governing body

i. NGB – National Governing Body of each sport: must follow all rules of IOC, NOC, NGB

ii. NADA: national anti doping agencies: enforce WADA

c. WADA – world anti doping agency: oversee doping control

i. NOC legally considered to be a private organization, no gov’t reg

2. Contractual Nature

Collegiate world & Olympic movement are contractual in nature

Athletes agree to all terms & conditions of K in exchange for being allowed to compete

Occasionally public law steps in: in US, Amateur Sports Act

a. Act gives athletes certain minimum rights

B. Adjudication of Olympics

1. Olympic Charter

a. International Olympic Committee (IOC)

b. Chartered under Swiss Law

c. Private Association

d. Governed by these private associations are all other sports organizations

2. International Federations (IFs)

a. Must be one for each country if they want to compete under IOC

3. National Olympic Committee

a. USOC

b. Domestic sphere and IOC compliance

4. World Doping Agency (WADA)

a. Everyone must comply to regulations to be eligible

b. Fully adopt WADA code

5. National Anti-Doping Agency (NADA)

a. USADA

b. Private Entity (not government entitites)

6. Governing Issues

a. Bylaws can’t be inconsistent w/higher bylaws/Olympic Charter

b. WADCode – mandatory code must be accepted by all bylaws, Charter

c. Nat’l state law sometimes comes into effect when deciding NOC bylaws

d. Often looked at as a contract situation

i. By agreeing to be an athlete competing in these competitions

ii. Agree to all governing bodies rules

e. Common penalty for a drug violation = 2 years (additional 2 for aggregated offenses)

7. Strict Liability

a. Not necessary to intend to take an illegal substance

b. Still a doping offense

c. Burden shifts to athlete to show that they weren’t at fault

d. Exceptional Circumstances Clause

i. No fault

ii. No significant fault

a. Reduction of sentence

8. Choice of Laws Clause

a. When Challenging rules

b. Breach of contract

c. Follow the rules of a specified “state”

C. Pro Leagues

1. Often sit outside of Olympic Movement

2. U.S. Labor Law

a. CBA

b. Bylaws

c. Players Contracts

D. Olympic Arbitration

1. Private dispute settlement system

a. Adopted commercial arbitration model

b. Disciplinary matters

2. Procedural rules are created by sports organization or will adopt established rules from other organizations (commercial)

3. Substantive rules– Rules of contract

a. Doping- WADA/ USADA

b. Choice of venue rules

i. State or country as background for rules

4. Common law of arbitration system

a. Previous cases set precedent for rule interpretation

b. General principles of law

5. Arbitrinal Awards

a. Normal final and binding

b. Enforcement may be needed

i. Federal Arbitration Act (FAA)

ii. Gives courts the ability to rule on arbitration award

iii. U.S. Issued Awards

c. New York

i. Can appeal international arbitration awards in the U.S.

d. Swiss International Arbitration Act

6. Usually have to argue on procedural issues, courts rarely look at substantive issues

a. Reasons for appeal

i. Basic Due Process

ii. Bias, corruption

iii. Public policy

a. Condoning or encouraging criminal act

b. Review Board

i. Can’t issue suspension until there is a hearing

ii. Review charges before filed

a. Decide if there is “substantial” evidence to proceed

b. Can submit written appeal

iii. Original hearing under AAA

a. Can appeal to CAS

E. International Convention Against Doping

1. Force of Law

a. Article II Treaties

b. Ratified by Senate

c. Co-equal to federal legislation

2. States must set regulations that go along with the World Anti-Doping regulations

3. Can use agent to help enforce anti-doping

a. USADA

b. Private entity, not state actor

c. Only state actor (article 7) when agent of WADA

4. U.S. is required to help facilitate testing

a. Accredited laboratories

b. Missing prohibition and penalties

II. Athletes’ Rights

A. Amateur athletes

1. Historical def: amateurs pay to play

2. Participation motivated by education, physical, mental, + social benefits

3. Amateurism really only exists in high school and college athletics

4. Background of NCAA (3 divisions)

a. Basic governing structure of NCAA divided into 3 (really 4 subgroups)

i. Div I (divided for football reasons)

a. Div Ia – big football schools

b. Div Iaa – small football schools

ii. Div II

iii. Div III

b. NCAA is voluntary assoc (legally considered private org, no gov’t regulation)

i. Regulates:

a. Athletic competition

b. Sets eligibility

c. Establishes restrictions + guidelines for recruitment of athletes

d. Conducts championship events

e. Enters into TV + promotional (k)

f. Licenses NCAA name and logos

ii. Governing Structure:

a. Executive CommàBoard PresàMgmt CouncilàEligibility + Comp Cabinetà Specialized Committees

c. Scholarship rules

i. Max # per sport: only cover tuition, fees, room and board

ii. Any benefit beyond this can render athlete ineligible

iii. Are college athletes on a full ride professionals?

d. Eligibility

i. Allowed 4 seasons of competition, must be completed w/in 5 years

ii. Freshman eligibility: must meet certain requirements

iii. Can be professional in one sport and not another and still have eligibility

e. Recruiting

i. Heavily regulated:

a. Who can contact

b. How often can contact

c. What materials can be sent

ii. High school athlete allowed 5 paid recruitment visits, can’t receive any additional benefit

f. Practice limits

i. Vary depending on whether in/out of season

g. Doping control

i. Schools responsible for making sure football & baseball players available for testing

When is an athlete professional?

When he signs w/an agent

Can play in an ATP tennis tournament as amateur as long as no money from winnin