Sports Law

Adjunct Faculty: Jeffrey C. Sun, Esq. Course Number: Y68.2320
Class Meetings: Mondays, 9:55a.m. - 12:25p.m.; Main Hall, Room 402
E-mail: <jcs81@columbia.edu Fax: (212) 678-4048 Office Hours: By appointment

Course Objectives & Brief Description:
To introduce the student to the legal system and basic liability issues of agency, antitrust, labor, criminal, tort, and constitutional law as they apply to the managed sports industry. In doing so, the students will develop a familiarity with legal terminology and an awareness of legal and non-legal issues in the context of the managed sports industry.

 Course Materials:
 (a) Sun, Jeffrey C., Law & Policy Issues in Sports & Recreation Studies (1999)
    Ÿ The instructor will provide excerpts of his writings. Each packet will be distributed 1-2 weeks in-advance.
(b) Additional materials on-reserve at the library [Bobst Library]
(c) E-mail account
(d) Internet Access

Course Assessments:
                15% Memoranda                      20% Research Paper                     15% Presentation
                15% Class Participation, Preparedness, & Attendance
                15% Midterm Exam                 20% Final Exam

 NB: The instructor reserves the right to conduct a "pop" quiz unless specifically stated otherwise. "Pop" quizzes are unannounced mini-tests. The score from "pop" quizzes will be factored into the grading component labeled "Class Participation, Preparedness, & Attendance."

Additional Notes
Case Studies: Case studies are scenario analyses or fact pattern evaluations. The students will be able to take new concepts and issues learned from class and apply them to the "case studies" presented.
Cases: In contrast, references to the word "cases" will generally refer to court opinions.
Midterm & Final Exams: These exams will consist of short answers and essays. At least two weeks prior to the exam, time will be allocated for exam discussion and preparation. Moreover, at least one week prior to the exam, a study aid packet will be distributed. This packet will include sample questions. Students should use these packets as reinforcements to the information he/she has studied. The instructor advises the students not to rely on these handouts as an exclusive means for review and exam preparation.
    Make-up exams are given to students with a valid and acceptable excused absence. To accommodate the class in returning exams promptly, make-up exams will usually contain different questions, issues, and fact scenarios. The exam will not be more difficult; it may, however, be different.
Memoranda: Several group memoranda [4] will be required. Memoranda should contain the following sections: (A) Facts, (B) Question Presented/Issue, (C) Conclusion, (D) Analysis/Discussion. The instructor will discuss the format in more detail during the first class meeting and prior to the due dates of each memo.
Research Paper & Presentation: A well researched area of sports law will be written and presented to the class. The topic must be approved by the instructor before proceeding with the outline. The paper should be 10-15 pages in length with 1" margins. Font size should be at least 10 points but not more than 12. The research paper and presentation is a collaborative assignment; therefore, you must form a team with one other person. Three students may participate in a team with approval. The instructor will meet with each team and provide sufficient guidance. In return, the students should be prepared at these meetings.
    More details will be provided by the instructor. Finally, deadlines are strictly adhered to and are listed in the pages following for the topic statement, paper outline, rough draft, final paper, and presentation.

Grading System:
    A 93-100 4.0            B- 80-82 2.7            D+ 65-69 1.3
    A- 90-92 3.7            C+ 77-79 2.3            D 60-64 1.0
    B+ 87-89 3.3            C 73-76 2.0              F below 60 0.0
    B 83-86 3.0              C- 70-72 1.7

General Expectations:
    Punctuality and preparedness with readings and the meeting of deadlines are viewed as essential elements to successful completion of this course. Similar to the deadlines faced by coaches, team management, and players, there is an expectation for you to follow the schedule provided in the syllabi. Some uncontrollable obstacles may excuse you from a due date. These determinations will be made in a fair and thoughtful manner on a case-by-case review.
    You will also be expected to maintain the academic integrity which students of New York University have sustained for many years. Thus, this class will adhere to applicable and relevant University policies and procedures. Furthermore, unacceptable work or finished products which demonstrate poor performance or a lack of effort will be returned to the student. At that point, the student is expected to resubmit the assignment in an acceptable finished product.
    Finally, the Center for Hospitality, Tourism, & Travel Administration espouses the motto: "The city is our laboratory, the industry is our faculty, and our students are the future of the profession." In other words, a team-based relationship is critical to prepare the student for a successful career. Thus, if you have any recommendations, please present them. Likewise, if the instructor forwards suggestions, please consider them.

*Schedule & Assignments:

WEEK 1: January 25, 1999 -- Introduction, Sports Law Overview
        (I) Introduction                    (III) Legal Analysis and Ethical & Policy Issues
        (II) Video                            (IV) Sports Law Overview Discussion

    F For Next Week: Read Packets #1 & 2

WEEK 2: February 1, 1999 -- Contract Law, Agency/Sports Agents & Antitrust
        (I) Basic Contract Law        (III) Agency Relationships & Sports Agents Role
        (II) Examine Contracts         (IV) Fair & Unfair Contracts: In-class memoranda
        (V) Mini Student Evaluation

    F For Next Week: Read Packet #3; Identify Research Topic; Review Paper & Presentation Requirements

WEEK 3: February 8, 1999 – Contract Law II & Labor Unions

        (I) Review of Contract Formation & Issues     (III) Labor Unions
        (II) Negotiations: In-class memoranda             (IV) Arbitration/Mediation Proceedings

    F For Next Week: Read Packets #4 & 5

WEEK 4: February 15, 1999: Holiday, President’s Day

WEEK 5: February 22, 1999 – Agents (cont'd) & Tort Law [donuts provided in-class]

        (I) Guest Speaker: Mr. Scott Unger, Esq. (NFLPA Agent)    (III) Injuries: athlete, coach, & fan
        (II) Overview of Tort Law                                                     (IV) Defamation

    F For Next Week: Read Packet #6 & Prepare Research Paper Outlines

WEEK 6: March 1, 1999 – Tort Law II

        (I) Tort liability review                                    (III) Cost allocation: In-class memoranda
        (II) Injuries & insurance                                  (IV) Midterm Review

    F Midterm – Packets #7 & 8 (Midterm Study Aids)

WEEK 7: March 8, 1999 -- MIDTERM EXAM [open book & open notes]
        (I) Defamation Activity                                    (III) MIDTERM EXAM [1 hour, 40 min.]
        (II) Review materials

    F For Next Week: Read Packet #9

WEEK 8: March 15, 1999 – Spring Break

WEEK 9: March 22, 1999 – Drug Testing & NCAA Rules I [snacks will provided in-class]

            (I) Drug Testing Discussion                        (III) Guest Speaker: Coach/Prof. O’Donnell, M.A.
            (II) Constitutional Law

    F For Next Week: Read Packet #10 & Prepare Research Paper Rough Drafts

WEEK 10: March 29, 1999 – NCAA Rules II, Antitrust, & Public Relations

            (I) NCAA Rules                                         (III) Fraud/Misrepresentation: In-class memoranda
            (II) Public Relations (generally)                    (IV) Mini Student Evaluation

    F For Next Week: Read Packet #11

WEEK 11: April 5, 1999 – Press Releases & Public Appearances
            (I) Player Relations                                      (III) Guest Speaker: Mr. Brown, J.D. (agent), Team Brown
            (II) Sports Agents                                        (IV) Research Paper & Presentation Advisement

    F For Next Week: Read Packet #12

WEEK 12: April 12, 1999 – Criminal Law
            (I) Criminal Law                                           (III) Case Scenario Discussion & Debate
            (II) Responsibilities of Others                        (IV) Research Paper & Presentation Advisement

    F For Next Week: Read Packet #13 (Presentation Outlines) & Final Research Paper Due & Presentations

WEEK 13: April 19, 1999 – Presentations

    F For Next Week: Read Packet #14

WEEK 14: April 26, 1999 -- Sports Marketing Laws
            (I) Team Franchise                                        (III) Licensing Arrangements
            (II) Trade Name & Trademark                      (IV) Final Exam Review
            (V) Student Evaluations

    F For Next Week: Read Packet #15 (Final Exam Study Aid)

WEEK 15: May 3, 1999 – FINAL EXAM [closed book and closed notes]

WEEK 16: May 13, 1999 [THURSDAY] – NYU Graduation

[*note: The schedule is subject to change without prior notice. The instructor will make his best efforts to forewarn the students of any planned or unexpected changes. When possible, these announcements may come in the form of e-mail.]

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