Willamette Sports Law Journal

Permanent Link: https://digitalcollections.willamette.edu/handle/10177/5561

First published in 2004, the Willamette Sports Law Journal (WSLJ) was the first sports law journal in the Northwest. The student-run online journal was published when fully staffed each fall and spring through Spring 2016. The journal provided students, educators, practitioners and other enthusiasts with timely, well-written commentary and analysis about the evolving field of sports law, with a specific focus on how the law affects leagues, players, colleges and fans. Article topics ranged broadly from Title IX to torts in sports to anti-trust and labor law issues. The complete volumes are available in this repository.

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Now showing 1 - 20 of 70

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.
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.
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.
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.
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.
Educating Someone Who Can't or Doesn't Want to be Educated: The Shifting Fiduciary Duty Continuum of Big-Time College Sports
(2006) Sagado, Richard
(3 Willamette Sports L.J. 27 (2006)). This article argues that universities have a fiduciary duty to student-athletes, and must admit only those students who want a college education and have the ability to earn one. The article discusses whether to treat the relationship as that of a university and student, or employer and employee. It then addresses potential breaches of any such fiduciary relationship.
The Development of Mixed Martial Arts: From Fighting Spectacles to State-Sanctioned Sporting Events
(2007) Hess, Peter
(4 Willamette Sports L.J., no. 1, 2007). The article examines the development of “Mixed Martial Arts” (MMA) competition, including its origin and events that led to state regulation. Next, the article analyzes some of the legal issues surrounding the MMA world, such as the implications of tort law, contractual disputes, and the adoption of the Unified Rules of Mixed Martial Arts Combat. Finally, the article discusses whether MMA is too dangerous to be considered a sport.
Title IX Compliance: "If You Don't Respond, You Must Not Be Interested"
(2007) Phillips, R. Scott
(4 Willamette Sports L.J., no. 1, 2007). This article examines the decision by the Department of Education’s Office for Civil Rights (OCR) to change one of its tests for Title IX compliance in intercollegiate sports. In 2005, the OCR approved web-delivered student-interest surveys as a means of showing compliance. The author argues that these surveys are flawed. He analyzes the model survey and what the 2005 Additional Clarification means for Title IX compliance. The article also offers guidance for litigants challenging the OCR’s decision.
A Superstar Exception to Professional Baseball Licensing Logic?
(2007) Johansen, David
(4 Willamette Sports L.J., no. 1, 2007). This article examines the rise of group-licensing agreements in professional sports and the decision of a few superstar athletes to negotiate separate contracts. First, the article reviews the legal foundation for licensing agreements, which is premised on the right of publicity. Second, it looks at the few cases regarding group-licensing agreements. The article concludes by discussing factors that affect an individual athlete’s decision to select a group-licensing program or to negotiate licensing agreements alone.
The Fundamentals of Teaching Sports Law
(2007) Epstein, Adam
(4 Willamette Sports L.J., no. 1, 2007). This article describes how to create a successful sports law class, including providing current sports law topics, teaching suggestions, and important cases. The article explains how teaching sports law presents an opportunity for professors to explore traditional business law concepts in a contemporary context, and requires extensive use of the Internet to remain current on sports and the law.
A Major-League Changeup: Should Pitchers have Their Own Craft Labor Unit Representation?
(2008) Beach, Tyler
(5 Willamette Sports L.J. 44 (2008)). This article examines whether Major League Baseball’s Players Association should consist of a single bargaining unit made up of all players, or whether separate units for pitchers and position players would be more effective. The author argues that so-called “craft units” are better suited for baseball players’ unions because they could provide more specialized representation catering to the inherent differences between pitchers and other players. He argues that pitchers’ rights are currently subverted below those of position players.
What's in a Name: The Controversy Surrounding the NCAA's Ban on College Nicknames and Mascots
(2008) Kelly, Spencer D.
(5 Willamette Sports L.J. 17 (2008)). The article analyzes the National Collegiate Athletics Association’s (NCAA’s) ban on American Indian nicknames and mascots. The article focuses on the history of the ban and how schools have reacted to it. The article argues that the NCAA created a double standard that is hard to interpret. The article discusses why some schools changed their nicknames and stopped using offending mascots before the ban. It then explores how other schools reacted to the ban, and how the ban has had an economic impact on some schools. The article concludes by discussing the pros and cons of the ban and recommends more steps for the NCAA to take.
Out of Bounds: HIV and AIDS Discrimination in American Athletes
(2008) Kovacic, Casey
(5 Willamette Sports L.J. 1 (2008)). This article discusses HIV/AIDS-based discrimination in American sports. It first describes HIV and its transmission. Second, the article addresses discrimination in amateur sports, particularly high school athletics. Third, it addresses discrimination in professional sports, focusing on the four major sports leagues − the NBA, the National Football League (NFL), Major League Baseball (MLB), and the National Hockey League (NHL) – and professional boxing. Fourth, it discusses current antidiscrimination regulations and mandatory testing. Finally, it discusses ways to end discrimination in sports.

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