About the Book
With an accessible approach free of legal jargon, Introduction to Sport Law With Case Studies in Sport Law, Third Edition, provides a comprehensive examination of the fundamental legal issues commonly found in sport and sport management. Even students with little to no legal background will understand law topics relevant to the sport industry through the text’s straightforward examples and case studies that demonstrate sport law theory through real-world applications.
Organized to cover all law categories that are most critical to the management of sport, the text first presents an overview of the United States legal system, including the court system, the various types of law, and legal resources. Students will then explore important topics such as risk management, employment law, gender equity, intellectual property, and constitutional law, examining the relevance of the law at hand to real-world applications across the field of sport management.
This updated third edition allows students to increase their comprehension by looking at laws and issues through timely, modern points of view. New content reflects important topics and current legal issues, including the Equal Pay Act; the Sports Broadcasting Act; athlete safety and equipment concerns; name, image, and likeness (NIL) laws; antitrust litigation, unionization, and collective bargaining; and transgender athlete participation in sport. The updated content addresses contemporary challenges to constitutional law, including the First Amendment and Fourteenth Amendment, and it examines how budget problems related to COVID-19 resulted in cutting sports and raised Title IX issues.
End-of-chapter discussion questions and In the Courtroom sidebars have been updated with current examples to better demonstrate modern applied perspectives. Moot Court Case sidebars now have accompanying questions on hypothetical scenarios, allowing students to understand the technicalities of sport law in practical application.
Each chapter of Introduction to Sport Law, Third Edition, also directs students to relevant cases in the included ebook, Case Studies in Sport Law, Third Edition, by Andrew T. Pittman, John O. Spengler, and Sarah J. Young. Featuring abridged versions of 93 court cases, all carefully curated to provide real-life applications representing many of the multifaceted aspects of sport law, the ebook also includes review questions for each case to test comprehension and prompt in-class discussion.
Through its focus on legal concepts with direct application to the world of sport, Introduction to Sport Law, Third Edition, provides students with the information they need to feel confident with the fundamentals of sport law.
Note: This ebook includes both Introduction to Sport Law, Third Edition, and Case Studies in Sport Law, Third Edition.
Table of Contents:
Chapter 1. U.S. Legal System
Sources of U.S. Law
Types of U.S. Law
U.S. Court System
Legal Resources
Learning Aids
Chapter 2. Tort Law and Product Liability
Negligence
Intentional Torts
Product Liability
Learning Aids
Chapter 3. Risk Management
Perspectives on Approaching Risk Management
Loss Prevention and Risk Management
Risk Management Process
Maintaining and Providing Proper Equipment and Premises
Instruction and Supervision
Risk Management Applications
Learning Aids
Chapter 4. Agency Law
Sport Agents
Concepts in Agency Law
Regulation of Athlete Agents
Consolidation
Disputes
Name, Image, and Likeness (NIL) and Agents
Learning Aids
Chapter 5. Contract Law
Basics of Contract Law
Sport Contracts
Contract Law Issues
Learning Aids
Chapter 6. Employment Law
Employment Relationship
Discrimination
Sexual Harassment
Federal Employment Laws
Learning Aids
Chapter 7. Constitutional Law
First Amendment
Fourteenth Amendment
Fifth Amendment
Learning Aids
Chapter 8. Gender Equity
Title IX
Sexual Harassment
Gender Identity
Employment Discrimination
Learning Aids
Chapter 9. Intellectual Property Law
Trademark Law
Copyright Law
Right of Publicity
Name, Image, and Likeness (NIL) Rights
Patent Law
Ambush Marketing
Learning Aids
Chapter 10. Antitrust Law
Federal Antitrust Laws
Application to Professional Team Sports
Application to Individual Performer Sports
Application to College Sports
Learning Aids
Chapter 11. Labor Law
Development of Labor Law in the United States
Unionization of American Professional Sports Teams
Right to Bargain Collectively
Right to Engage in Concerted Activities
Prohibited Conduct Under the NLRA: Unfair Labor Practices
Learning Aids
About the Author :
John O. Spengler, JD, PhD, is a former professor and administrator at the University of Florida and Texas A&M University, and he is founder of Play Well 360 LLC. His research is centered at the intersection of health, sport, and physical activity and has resulted in numerous grant-funded projects. He has 100 professional publications, including two book chapters and four textbooks. He has worked closely with and informed the work of organizations such as the Aspen Institute, the Robert Wood Johnson Foundation, and the American Heart Association. Spengler is a former president of the Sport and Recreation Law Association (SRLA) and has chaired committees and served on boards of professional associations such as the World Fit Foundation and SHAPE America. He served on the science board of the President’s Council on Sports, Fitness and Nutrition, and his work has been recognized through awards such as the University of Florida Research Foundation Professorship, University of Florida Teacher of the Year, the Betty van der Smissen Leadership Award from the Sport and Recreation Law Association, Florida Sports Hall of Fame (Fame for Fitness Award), and the W.W. Patty Distinguished Alumni Award from the Indiana University School of Public Health.
Paul M. Anderson, JD, is the director of the sport law program and the National Sports Law Institute of Marquette University Law School, where he is also a professor of law. In his role at Marquette, Anderson manages all aspects of the nation’s foremost sport law program, including the student internships and competitions, multiple sport law student organizations, internal and external sport law competitions, and all events, including the Sports Law Speaker Series, continuing education seminars, and national conferences. Anderson is the chair of Marquette’s sport law alumni association and oversees the institute’s board of advisors. He also teaches seven sport law courses, covering areas from high school and college athletics to legal research and scholarly writing. In addition to supervising the Marquette Sports Law Review, the nation’s preeminent academic review focusing on sport law, he is editor emeritus of Journal of Legal Aspects of Sport, a member of the editorial board of Sport Facilities and the Law, and a reviewer for many other sport law publications. A member of the Sports Lawyers Association, the Sport and Recreation Law Association, the American Bar Association’s Forum on the Entertainment and Sports Industries, and the International Association of Sports Law, he is also heavily involved in the State Bar of Wisconsin’s Sports & Entertainment Law Association, serving as chair and past chair and providing annual programming for the section for the past 25 years.
Daniel P. Connaughton, EdD, is a professor in the sport management program at the University of Florida. His research is largely focused on the study of law and risk management in sport and physical activity programs. Adopting a multi-methodological approach, his research has specifically investigated risk perception; risk management policies and practices; awareness of and compliance with statutes, standards, and guidelines; and injury and death prevention in sport and physical activity. His research findings have implications for influencing policy, improving risk management practices, and decreasing injuries, fatalities, and liability.
The American Heart Association funded Connaughton’s research investigating implementation constraints and risk management practices related to automated external defibrillators in sport and recreation programs. He is a research fellow of the Sport and Recreation Law Association and the Research Consortium of SHAPE America. The author of many publications, he has received several teaching and research awards, including the 2021 Betty van der Smissen Leadership Award from the Sport and Recreation Law Association.
Thomas A. Baker III, JD, PhD, is a commercial litigator turned professor in the sport management and policy program at the University of Georgia. He conducts research that primarily focuses on the application of the law to sport. Within that focus, he specializes in how commercial laws influence and affect sport marketing, such as legal issues concerning brand management and the use of social media. Additionally, he conducts risk management research focused on preventing sexual abuse in sport and on terrorism risk at sport facilities. Baker received his PhD from the University of Florida in sport management, where he received the Dr. Charles W. LaPradd PhD Fellowship and earned the Clifford A. Boyd Graduate Scholarship Award and the Norma M. Leavitt Scholarship. He earned his JD from Loyola University New Orleans School of Law.
