Constitutional law rarely applied to professional sport
The constitutional rights and amendments that most often apply to the sport industry typically involve issues regarding freedom of speech and religion, due process, equal protection, and the right from unreasonable search and seizure.
Perhaps the most valuable asset a sport or recreation organization has is its name, logo, or other defining characteristic that the public can recognize and associate with the organization. One of the strongest ways to gain protection for this asset is by registering it as a trademark.
Introduction to Sport Law presents legal issues in sport in an accessible manner using a topical approach that is easily understood by readers with little or no legal background. Using straightforward, jargon-free explanations, the text guides readers through the major legal areas specific to the sport setting.
A comprehensive text on legal issues in sport, Introduction to Sport Law delivers the information students will need and sport management professionals require in order to navigate liability issues, protect the legal rights of their employees and athletes, and manage legal risk in their professions. Filled with real-world cases and examples, the text provides students with timely and relevant information that will help build enthusiasm for their future careers.
The outstanding author team presents legal issues in sport using a topical approach that is easily understood by readers with little or no legal background. Using straightforward, jargon-free explanations, Introduction to Sport Law guides readers through the major legal areas specific to the sport setting—including the legal system, tort law, risk management, contract law, agency law, employment law, constitutional law, gender equity, intellectual property, and antitrust law. The text is designed for sport law courses within a sport management program and uses concise examples relevant to sport managers.
Introduction to Sport Law begins with an overview of the legal system and presentation of legal foundations to give readers a context in which to consider subsequent chapters. Through its focus on legal concepts with direct application to the sport manager’s role and a straightforward presentation devoid of legalese, Introduction to Sport Law provides readers with a resource that is more approachable and relevant than other sport law texts:
Within each chapter, a brief introduction places the topic within a practical context.
Legal perspectives of each topic are presented with clear explanations of related concepts.
Extended, sport-related examples obtained from case law provide application of legal concepts, stimulate discussion about the application of law to current events, and enable students and sport managers to recognize possible areas of liability.
A running glossary provides convenient access to definitions of unfamiliar terms.
Chapters conclude with a brief recapitulation of important points, discussion questions, and hypothetical sport law scenarios.
In each chapter, the hypothetical scenarios serve as the basis for moot court group activities. Developed from the facts of several key cases relating to the chapter topic, these moot court experiences provide students with an interactive and lively way of understanding issues that may arise in a court setting and how cases may determine future law. As students call hypothetical witnesses to testify and argue various sides of a case, they are challenged to conceptualize and apply the concepts of sport law.
When adopted as a course textbook, Introduction to Sport Law also includes online access to an instructor guide, test package, and presentation package. The online instructor guide provides the structure and offers suggestions for group activities of the moot court cases in each chapter. The test and presentation packages fully incorporate and enhance the information presented in the text.
Introduction to Sport Law provides the most comprehensive and understandable presentation of legal issues in sport. This approach, specifically geared toward readers without a law background, allows students not only to learn the important concepts of sport law but also to get excited about a topic that can otherwise seem dry and technical. The incorporation of many real-world examples will assist readers in developing a knowledge base with clear application to their future or current sport professions.
Chapter 1. U.S. Legal System
Sources of U.S. Law
The U.S. Court System
Types of U.S. Law
Chapter 2. Tort Law and Product Liability
Chapter 3. Risk Management
Perspectives on Approaching Risk Management
Risk Management Process
Chapter 4. Agency Law
Agency Law Principals
Regulation of Athlete Agents
Chapter 5. Contract Law
Contract Law Basics
Contract Law Issues
Chapter 6. Employment Law
The Employment Relationship
Federal Employment Laws
Chapter 7. Constitutional Law
Chapter 8. Gender Equity
Chapter 9. Intellectual Property Law
Right of Publicity
Chapter 10. Antitrust Law
Federal Antitrust Laws
Application to Professional Team Sports
Application to Individual Performer Sports
Application to Collegiate Sports
A textbook for undergraduate courses in sport law. A reference for libraries; sport administrators; sport officials; event, facility, and sport managers; and paralegals researching legal issues in sport.
John O. Spengler, JD, PhD, is an associate professor in the College of Health and Human Performance at the University of Florida at Gainesville. Spengler received his law degree from the University of Toledo in 1992 and his doctorate in recreation administration from Indiana University in 1999. Using his experience and education in both of these fields, Spengler has written, taught, and consulted on all aspects of legal issues in sport and recreation safety, risk management, and recreation and sport. He has published numerous articles in scholarly and practitioner journals and three textbooks on sport and recreation legal issues, including a sport law casebook.
Spengler is a member of the American Alliance for Health, Physical Education, Recreation and Dance (AAHPERD) and serves as chair of the AAHPERD, AAPAR Safety, and Risk Management Council. He is also a member of the National Recreation and Park Association, American College of Sports Medicine, and the Sport and Recreation Law Association.
In 2002, Spengler became a research fellow for AAHPERD. He was also named Teacher of the Year in 2003 by the College of Health and Human Performance at the University of Florida and was twice recognized in Who's Who Among America's Teachers.
Spengler resides in Gainesville. He enjoys many sports and outdoor activities.
Paul M. Anderson, JD, is the associate director of the National Sports Law Institute of Marquette University Law School in Milwaukee, Wisconsin. Anderson is also associate director and professor in the sports law program of Marquette University Law School, the most comprehensive and advanced sport law program in the world. He has taught, written, and consulted on all areas of sport law for the past 15 years.
As part of his role in the National Sports Law Institute, Anderson researches all areas of sport law and coordinates newsletters and annual surveys devoted to developments in the field. He has written numerous books, book chapters, articles, and other publications related to various areas of sport law. In his law practice, Anderson has also represented many clients within the sport industry.
Anderson is the editor of the Journal of Legal Aspects of Sport and serves as faculty advisor to the Marquette Sports Law Review. He is also past chair of the Sports & Entertainment Law section of the State Bar of Wisconsin. Anderson is a member of the Sport and Recreation Law Association, the Sports Lawyers Association, American Bar Association's Forum on the Entertainment and Sports Law Industries, and the International Association of Sports Lawyers.
In 2008, Anderson received the Faculty Advisor of the Year Award from the Marquette Moot Court Association. He also received the President's Award from the Sport and Recreation Law Association in 2005 and was awarded the Sports Law Alumnus of the Year Award from the Sports Law Alumni Association of Marquette University Law School in 2003. In 2002 he received a Leadership Award from the Society for the Study of the Legal Aspects of Sport and Physical Activity.
In his free time, Anderson enjoys reading science fiction, writing, and walking. He and his wife, Kerri, reside in Milwaukee.
Daniel P. Connaughton, EdD, is an associate professor in the College of Health and Human Performance at the University of Florida at Gainesville, where he conducts research and teaches in the area of sport law and risk management. He has written two sport law textbooks in addition to numerous publications on sport and recreation safety, risk management, and associated legal issues.
With an educational background in exercise and sport sciences, Connaughton also holds advanced degrees in recreational studies (University of Florida), physical education (Bridgewater State College), and sport management (Florida State University). In addition to his educational experiences, Connaughton has held management positions in campus and public recreation departments, aquatic facilities, and health and fitness programs. He is a licensed emergency medical technician and frequently serves as a consultant and expert witness in exercise- and sport-related lawsuits.
Connaughton is a member of the American Alliance for Health, Physical Education, Recreation and Dance (AAHPERD): National Strength and Conditioning Association; American Red Cross; American College of Sports Medicine; and the Sport and Recreation Law Association.
In 2004, he received the Teacher of the Year Award from the University of Florida's College of Health and Human Performance. He was named an AAHPERD research fellow in 2001.
In his free time, Connaughton enjoys cycling, running, and traveling. He resides in Gainesville.
Thomas A. Baker III, JD, PhD, is an assistant professor in the department of kinesiology in the College of Education at the University of Georgia, where he conducts research and teaches in the area of sport law. He has written two textbooks on the subject of sport and recreation law and has numerous publications on sport law and risk management.
Baker holds advanced degrees in law (Loyola University), sport management (University of Florida), and communications (University of Southern Mississippi). He also completed a comparative law program at the University of Vienna in Austria.
At the University of Florida, Baker was a Charles W. LaPradd PhD fellow. Baker graduated from his law school with honors and in the top 10 percent of his class, earning the distinction of William L. Crowe, Sr., Scholar.
Baker's legal experience consists of clerking with two federal judges and the Constitutional Defense Department at the Alabama Attorney General's Office and practicing commercial litigation at a civil defense firm in New Orleans, Louisiana. He is a member of the Louisiana Bar Association.
In his free time, Baker enjoys watching sports, attending concerts, exercising, and cooking. He and his wife, Susana, reside in Georgia.
“This book is valuable as an introductory tool, and can easily serve as a basis of knowledge for sport administrators beginning their studies." —Doody's Book Review
Instructor guide. Specifically developed for instructors of Introduction to Sport Law, the instructor guide provides the structure and offers suggestions for group activities of the moot court cases in each chapter.
Test package. The test package, created with Respondus 2.0, includes a bank of 110 questions in multiple-choice, true-or-false, and short answer formats. With Respondus LE, a free version of the Respondus software, instructors can
create print versions of their own tests by selecting from the question pool;
create, store, and retrieve their own questions;
select their own test forms and save them for later editing or printing; and
export the tests into a word-processing program.
A Respondus upgrade also offers the capability to create and manage exams that can be published directly to Blackboard, eCollege, WebCT, and other course-management systems. Instructions for downloading a free version of Respondus are included in the test package.
Presentation package. The presentation package for Introduction to Sport Law includes 178 PowerPoint slides that highlight the key concepts from the book that instructors can use for class discussion and illustration.
The slides in the presentation package can be used directly within PowerPoint or printed to make transparencies or handouts for distribution to students. Instructors can easily add, modify, and rearrange the order of the slides as well as search for content based on key words.
The presentation package is also available for purchase • ISBN 978-0-7360-7557-2