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

Age Minimums in the Sport of Women's Artistic Gymnastics
(2010) Paul, Jennifer
(7 Willamette Sports L.J. 73 (2010)). In 2009, the International Gymnastics Federation (FIG) took on the task of age verification for gymnasts. This article analyzes the use of minimum age requirements in women’s artistic gymnastics, including the need for an age requirement. The article further discusses methods of enforcing the minimum age.
Aimed at the Goal? The Sustainability of Major League Soccer's Structure
(2011) Taylor, Diana C.
(9 Willamette Sports L.J., no. 1, 2011, at 1). This paper examines Major League Soccer (MSL) in the US. It gives an overview of MLS history, then discusses how the MLS resembles other American sports leagues including the National Football and Hockey Leagues; the National Basketball Association; and Major League Baseball. It then considers how the MLS resembles European soccer powerhouses in England, Italy, Spain, and others; and the ways the MLS resembles neither of these structures. The paper concludes by examining whether the hybrid model the MLS has adopted is sustainable.
Amateur Draft "Signing Bonus Pools": The Latest Inequity Made Possible by Baseball's Archaic Antitrust Exemption
(2013) Michel, Eric
(11 Willamette Sports L.J., no. 1, 2013, at 46). This article argues the amateur draft “Signing Bonus Pools” of Major League Baseball (MLB) violate federal antitrust and labor policy. It begins by describing baseball’s amateur draft and how it affects draftees’ ability to negotiate the terms of their first MLB contract. Next, it traces MLB’s attempts to curb escalating bonuses and details the latest attempt: the Signing Bonus Pool system. The article describes the evolution of baseball’s judicially-crafted exemption from the antitrust laws, followed by an examination of the scope of this exemption. The article discusses the intersection of federal antitrust and labor policy in the context of professional sports, focusing on the “nonstatutory labor exemption” from antitrust law. The author then argues that without baseball’s archaic antitrust exemption, the “Signing Bonus Pool” system included in the newest collective bargaining agreement would be invalid.
Antitrust Law and Sports Franchise Relocation: Why the Single-Entity Defense Falls Short
(2012) Staenberg, Aaron
(9 Willamette Sports L.J., no. 2, 2012, at 1). This article argues that it is better for the overall state of sports franchises and leagues to allow for team relocation, and that multiple-entity sports leagues better allow for such relocation. First, the article examines the history of antitrust laws in sports as these laws relate to franchise relocation. Next, the article looks at relocation restrictions placed on sports franchises. The article then explains the benefits and disadvantages of single-entity league and multiple-entity league frameworks. It concludes that the multiple-entity framework makes franchise relocation easier.
The Applicability of the ADA in Professional Sports
(2011) Turner Roberts, Keesha
(8 Willamette Sports L.J., no. 2, 2011, at 1). This paper considers the proper application of the Americans with Disabilities Act (ADA) in light of athlete Casey Martin, who is unable to golf without a golf cart. The article examines lower court decisions in the Martin case. It then describes the ADA and its predecessor, the Rehabilitation Act of 1973. Next, it examines case law applying the ADA to professional sports. The article then analyzes the issues in the Martin case and concludes that the lower courts properly decided the case.
Arguments for an NCAA Paternity Waiver: A Student-Athlete Father and His Relationship with Title IX and the Equal Protection Clause
(2014) Pahl, Andrew F.
(11 Willamette Sports L.J., no. 2, 2014, at 20). This article discusses the legal, social, and practical implications resulting from a pregnancy eligibility waiver for men (“paternity waiver”). The National Collegiate Athletics Association permits female athletes a one-year eligibility waiver if they become pregnant, but offers no similar waiver for men who have children. The article discusses the legal arguments and necessary posture in which an athlete could prevail on a claim for such a waiver. The article examines both Title IX and the Equal Protection Clause as necessary weapons for gender equality. The author argues that public pressure must be applied to member universities, not necessarily to the NCAA, if the NCAA’s status quo is to be altered.
Athletic Interest Surveys: A Necessary Tool in an Institution's Title IX Compliance Tool Belt
(2013) Bentley, Eric D.
(11 Willamette Sports L.J., no. 1, 2013, at 28). This article focuses on the use of surveys in demonstrating compliance with Title IX. It describes controversy that surrounded the 2005 model survey and the Department of Education Office of Civil Right’s 2010 Clarification withdrawing the 2005 model survey. The author argues that surveys are usually a necessary tool to prove compliance, and describes how athletic departments with football as a sport should use an athletic interest survey.
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.
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.
Blind Draw: How Major League Soccer's Single Entity Structure and Unique Rules Have Impacted Soccer in the United States
(2015) Stebbins, Hank
(13 Willamette Sports L.J., no. 1, 2015, at 1). This article examines the current structure of Major League Soccer (MLS), and US antitrust law that might threaten that structure. It examines the history of the League’s formation; next, it looks at legal developments surrounding the League’s current antitrust status. It then analyzes the antitrust case Fraser v. MLS and subsequent changes to MLS. The article next explores the competitive realities that MLS faces and how they affect its legal future. The article then looks at the rules governing talent acquisition. Next, it considers possible legal action that could change the current system. The article concludes with analysis of the durability of the current system and prospects for change.
Changing the Play: Football and the Criminal Law After the Trial of Jason Stinson
(2010) DesAutels, Zac
(8 Willamette Sports L.J., no. 1, 2010, at 29). This article responds to the first case in which a coach was criminally charged for on-field conduct resulting in the death of a player from heat-related illness. Although the jury found the coach not guilty of reckless homicide and wanton endangerment in 2009, the author expects similar cases to follow. The article analyzes coaches’ legal duty to care for players, and examines how that duty may affect a coach‘s criminal liability. It considers the arguments against imposing criminal liability in this area and describes some obstacles prosecutors face. The article concludes that criminal law should be used in similar situations, and recommends a negligent homicide theory based on a coach‘s failure to provide medical care.
Cheating in Professional Sports and the Criminal Justice System
(2012) Hlinak, Matt
(9 Willamette Sports L.J., no. 2, 2012, at 19). This article considers whether the criminal justice system is the proper venue for policing the rules of professional sports. After looking at relevant precedents, including case law, the article analyzes ethical and public policy concerns. The article concludes by offering proposed guidelines for prosecutors dealing with cheating in professional sports.
Coaching Changes and NCAA Transfer Rules: Is the Current System Leaving Athletes Abandoned?
(2011) Sievert, Justin P.;
(9 Willamette Sports L.J., no. 1, 2011, at 49.) This article addresses the current National Collegiate Athletics Association (NCAA) transfer policy pertaining to Division I “revenue” sport student-athletes. It focuses on the problem of a head coach leaving a program after the student –athlete signs a National Letter of Intent. The article provides two examples: one of a prospective student-athlete and one of a current student-athlete. In both cases, their coaches left current jobs for new opportunities while still under contract. The article describes the NCAA, including its formation, its purported mission and role in intercollegiate athletics, its current structure and legislative process, and its conflict between promoting amateurism and earning revenue. It then analyzes the two contractual documents that govern the student-athletes’ rights as they relate to the current transfer policy. Next, the article considers arguments for and against the current transfer policy. The article analyzes the contractual documents governing the transfer policy and how student-athletes could use legal action to institute change. Finally, the article suggests a transfer system that is fair to both student-athletes and academic institutions.
The Cost of Fair Play: An Examination of How Salary Cap Proposals Have Affected Past Collective Bargaining Agreements and Will Affect the Coming NBA Collective Bargaining Negotiations
(2011) Sigety, John R.
(9 Willamette Sports L.J., no. 1, 2011, at 23). This article analyzes the National Hockey League (NHL) and National Football League (NFL) salary caps. It describes negotiations that led to the adoption of the current salary cap systems in both leagues. It further describes the salary caps in their collective bargaining agreements (CBAs). The article then covers conflicts between the leagues and the players’ unions over the caps. It discusses the National Basketball Association’s (NBA) current “soft cap” and several exceptions. The article examines potential effects the salary cap disputes could have before and after the expiration of the 2005 NBA CBA. The author concludes that the NBA should do away with many of the salary cap exceptions in the interest of parity among NBA teams.
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.
Do You Really Wanna Love Me Forever? Oh, Oh, or Am I Caught in a Hit and Run? The Problem of College Coaches Switching Schools in Order to Avoid NCAA Penalities
(2011) Winkeller, Noah A.
(8 Willamette Sports L.J., no. 2, 2011, at 39). This article addresses the problem of the National Collegiate Athletics Association (NCAA) imposing sanctions on schools for violations committed by coaches. These coaches can leave schools that face sanctions as a result of their behavior and coach at a new school (“violate and run”) because they face no personal penalties. The article explores the NCAA’s existing rules to penalize coaches who violate and run, arguing that these rules are not applied uniformly or quickly enough and have been ineffective. The author argues for stricter rules and better enforcement to prevent “violate and run” behavior by coaches.
Double Play: How Major League Baseball Can Fix the Amateur Draft and International Player Acquisition with One Swing
(2010) Piehl, Matthew
(8 Willamette Sports L.J., no. 1, 2010, at 13). This article addresses inequities in the Major League Baseball (MLB) draft system, based on disparate treatment of amateur and international (foreign) players in the MLB player acquisition systems. While some critics have suggested an international draft to solve this problem, the author sees legal roadblocks. He advocates the abolition of the amateur draft, making every amateur player a free agent. This would also remove caps on rookie salaries and would make acquisition of foreign players easier.
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.
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.
Figuring It Out: Proposed Reforms to the U.S. Figure Skating Athlete Selection Proposals For the Olymic Games
(2014) Cho, Christie
(12 Willamette Sports L.J., no. 1, 2014, at 28). This article examine the current U.S. Figure Skating (USFS) selection process for the Winter Olympics. It describes the 2014 U.S. Figure Skating Championships, which sparked a new debate about USFS team selection procedures. It then describes the selection process and its historical application, and places that process in the context of the Ted Stevens Olympic and Amateur Sports Act, which governs selection of national teams for international sports competitions. Next, the article considers the pros and cons of the current USFS selection policies, especially its consideration of an athlete’s “body of work.” Finally, the article looks to the team selection criteria employed by U.S. Freestyle Skiing as a model for a more transparent, objective method of selecting athletes for international competition.

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