Willamette University College of Law

Permanent Link: https://digitalcollections.willamette.edu/handle/10177/5560

Willamette University College of Law was the first law school in the Pacific Northwest when we opened our doors in 1883.Today we proudly continue our tradition of service and excellence as the first-choice law school for many of the region's legal, business and civic leaders. Visit the Willamette University College of Law web site.

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Willamette Lawyer-Fall 2003
(Willamette University College of Law, 2003)
Willamette Lawyer-Spring 2003
(Willamette University College of Law, 2003)
The House that Joe Taxpayer Built: Preserving the Role of Baseball Stadiums Without Providing Distorted Public Subsidies
(2004) Gregory, Christopher
(1 Willamette Sports L.J., no. 1, 2004). This article discusses stadium projects in Denver, Seattle, and San Francisco, analyzing the bargaining power of cities and baseball teams. The article then considers legal issues relating to public subsidies for stadiums, including whether the costs of a related labor dispute (i.e., a baseball strike) can be shifted from local government to a team. The author concludes that the power difference between local governments and baseball teams is the root problem behind stadium negotiations. To correct that problem, the author advocates a more stringent application of antitrust law, and an erosion of the “baseball exception” in antitrust.
Avoiding Legal Sandtraps on the Golf Course – How Liability is Apportioned for Golfer’s Bad Shots.
(2004) Scoffield, Lincoln
(1 Willamette Sports L.J., no. 1, 2004). This article analyzes tort liability for golf-related injuries to other golfers, spectators, employees, non-participants, and neighboring landowners. The author examines various standards for liability (e.g., recklessness and negligence), and various causes of action (e.g., defective golf course design, negligent maintenance, and strict liability). Leading cases from various US states illustrate the analysis.
Willamette Lawyer-Fall 2004
(Willamette University College of Law, 2004)
Title IX: Straining Toward an Elusive Goal
(2004) Powell, Jennifer E.;
(1 Willamette Sports L.J., no. 1, 2004). This article examines Title IX’s legislative history and background, then focuses on the current legal treatment of gender equality in school sports. It analyzes the treatment of females seeking to play on all-male teams, and vice versa. The author focuses on the role of the Equal Protection Clause in overcoming Title IX’s “contact sports exception” rule, as shown in the 2001 decision Mercer v. Duke Univ. The article concludes with suggestions for steps toward more equality in sports.
Willamette Lawyer-Spring 2004
(Willamette University College of Law, 2004)
Proud Traditions: Reflections of a Lifelong Washington Redskins Fan on the Harjo Decisions & the use of Native American Names in Sports
(2005) Reiner, Justin
(2 Willamette Sports L.J., no. 1, 2005). The article analyzes the use of Native American or Indian names for sports teams. The author critiques the trademark case Harjo v. Pro Football, Inc., in which the Trademark Trial and Appeal Board canceled the Washington Redskins’ trademark in that name, a decision later reversed by the US District Court for the District of Columbia. The defense of laches can be raised against plaintiffs who bring suit to bar the use of Native American names. The article suggests that a legislative ban on names might be easier to obtain than a judicial one.
Willamette Lawyer-Fall 2005
(Willamette University College of Law, 2005)
Willamette Lawyer-Spring 2005
(Willamette University College of Law, 2005)
Whistle-Blowing and the Continued Expansion of Title IX in Jackson v. Birmingham Board of Education
(2005) Epstein, Adam
(2 Willamette Sports L.J., no. 2, 2005, at 1.) This article discusses the application of whistle-blowing laws in the context of Title IX, specifically the 2005 US Supreme Court case Jackson v. Birmingham Bd. of Educ. First, the article gives a history of Title IX. Next, it analyzes the Jackson case to show that whistle-blowers who raise Title IX violations are protected. Last, the article examines whistle-blowing in other aspects of sports law, administration, and participation.
A License to Play Ball? An Analysis of Why Website Providers Should Not be Subject to Professional Athletes Players' Associations Licensing Contracts
(2005) Bernstein, Joshua R.
(2 Willamette Sports L.J., no. 2, 2005, at 44). This article discusses the rise of “fantasy league” websites that use real athletes’ performance as a basis for profit-making enterprises. It focuses on contract between the major league baseball players’ association and one corporation that gives exclusive rights to the use of players’ likenesses, names, and related information, including performances. The author argues that fantasy sports games use “newsworthy” information (i.e., statistics from games), fantasy sports leagues should not have to pay for its use. The article explains how fantasy league operators administer the leagues. It then considers the athletes’ right of publicity and the First Amendment defense to a right of publicity claim.
The Legal Aspects of Sport Sculpture
(2005) McMillen, John D.; McMillen, Rebecca S.
(2 Willamette Sports L.J. , no. 1, 2005). By analyzing leading cases, this article addresses judicial tests used to balance a celebrity’s publicity rights with an artist’s First Amendment rights, and maintains that the current application of those tests jeopardizes the genre of “sport sculpture.” The authors argue that athletes should not be able to prevent artists from portraying them in sculpture.
Betting on the Future of Sports: Why Gambling Should be Left Off the Field of Play
(2005) Goodfellow, Brent J.
(2 Willamette Sports L.J., no. 2, 2005, at 21). This article discusses the costs of gambling, looking specifically at sports gambling and related scandals, such as Pete Rose’s betting on baseball while a team manager. The author argues that gambling, including online gambling, threatens the integrity of both professional and collegiate sports. The article discusses attempts to pass the High School and College Sports Gambling Prohibition Act and argues that sports betting should be completely prohibited.
Major League Baseball & Drug Testing: A Legal Critique of the Current Policy and a Look at the Future of Drug Testing in the MLB
(2005) Rusch, Deanna
(2 Willamette Sports L.J., no. 1, 2005). This article traces the history of drug testing in major league baseball (MLB) from 1983 to 2004. It focuses on the Joint Drug Prevention and Treatment Program incorporated into the MLB collective bargaining agreement covering 2002-2006. The article identifies vagueness and a lack of enforcement as flaws in this program, resulting in a lack of deterrence. The use of a drug program as a bargaining tool between the players’ union and the owners also leads to ineffective policies. The author calls for stricter enforcement and harsher penalties.
High-School Football Injuries: Who Besides the Players May Take a Hit?
(2005) Mulkins, Ryan
(2 Willamette Sports L.J., no. 2, 2005.) This article examines negligence claims through which students who suffer injuries in high school football may recover compensation for the harm they suffer, including failure to warn or provide adequate safety equipment; premises liability; and negligent coaching or grounds maintenance. The article further considers the possible defense of assumption of risk, the bar of sovereign immunity, and the application of comparative negligence principles. It summarizes the conditions likely to give rise to liability. The article predates the recognition of the risk of permanent brain damage from regular participation in football.
A Fielder's Choice: How Agency Law Decides the True Owner of the 2004 Red Sox Final-Out Baseball
(2006) Tierney, Brian E.
(3 Willamette Sports L.J. 1 (2006)). This article applies property and agency law, along with the customs of Major League Baseball (MLB), to determine the ownership of a baseball that was key to a World Series victory. The author concludes that MLB owned the ball but gave it to a player involved in the victory. He then describes steps to ensure that future historic baseballs belong to the winning team, not to individual players.
Willamette Lawyer-Spring 2006
(Willamette University College of Law, 2006)
Willamette Lawyer-Fall 2006
(Willamette University College of Law, 2006)
He Shouldn't Have to Eat Ramen: A Modest Pay-For-Play Proposal for NCAA Student-Athletes Participating in Traditionally Profitable Sports
(2006) Kessler, William O.
(3 Willamette Sports L.J. 56 (2006)). This article proposes that NCAA Division I-A football and basketball players be paid a modest salary and be classified as employees of their schools. The article describes the need for these changes and the legal issues that would arise, including workers’ compensation and vicarious liability.

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