Exploring New Approaches to Unsettled Legal Questions

Tag: Sports Law

Who Counts as Extraordinary? Allowing Foreign College Athletes to Receive O-1 Visas

By Kristian Lundberg*

As college students across a variety of sports enjoy their new freedom to profit from their names, images, and likenesses, one group of student-athletes remains left out of this $1 billion industry: F-1 visa holders. Because F-1 visas restrict opportunities for student employment, foreign college athletes may begin to look to the O-1 visa—bestowed upon immigrants of “extraordinary ability”—to benefit from the new name, image, and likeness (“NIL”) regime. The O-1 visa would not restrict its holder from entering the NIL market, but obtaining such a visa has required meeting stringent evidentiary burdens that many professional athletes have failed to overcome. This Contribution highlights the benefits of NIL rights for college athletes and suggests a rethinking of the O-1 “extraordinary ability” visa to level the playing field by allowing foreign college athletes to participate in the NIL market on par with their domestic peers.

Disclosure Duties as Public Policy?: Setting Aside Arbitration Decisions Under New York State Law

by John Muller*

In 2008, federal trial and appellate courts found against the NFL Players Association on the appeal of an arbitrator’s decision on the grounds that the league and policy administrators had breached their fiduciary duties to players. The trial court held that the steroid policy’s strict liability regime precluded any breach of fiduciary duties, and the Eighth Circuit found on appeal that plaintiffs had failed to offer authority under New York law for a public policy encouraging the performance of fiduciary duties. Did the NFL case get it right? In this Contribution, John Muller (’19) argues that to preserve New York’s public policy, courts should set aside the result of arbitration under a collective bargaining agreement on state common law grounds in these breach of fiduciary duty cases.

Is This What We Bargained For?: Allowing the Preemption of State Law through Collective Bargaining Agreements

by Micaela Heery*

Can a term in a collective bargaining agreement displace state law under any circumstance? How should a court balance the need for consistent, nationwide labor standards with constitutional concerns for preserving States’ police powers? In this Contribution, Micaela Heery (’19) offers an analytical framework for resolving these preemption issues under the Labor Management Relations Act. This Contribution argues that the right legal analysis must consider both whether a claim arises independently of the collective bargaining agreement and whether preemption would be appropriate given Congress’ power over interstate commerce and notions of state sovereignty.

The Baseball Rule is Not a Rule, It’s a Relic

by Jake Calvert*

Should stadium owners or operators be liable for injuries to spectators caused by foul balls, or is limiting such liability necessary to protect America’s pastime? Jake Calvert (’17) explores this question, based on his experience at the 2016 Tulane Mardi Gras Sports Law Invitational on February 3rd, 2016. Historically, the baseball rule has limited the duty of care game attendees on the grounds that a more typical negligence analysis would force venue owners and teams to take unreasonable precautions. The Contribution ultimately argues that the baseball rule should be supplanted by more modern notions of tort liability, such as comparative fault, that would account for the specific factors of a particular baseball game injury.

Long Hair, Don’t Care: An Analysis of Gender-Specific School Athletic Regulations & The Equal Protection Clause

by Matthew Olsen*

Does a high school men’s baseball team regulation governing player hairstyles violate players’ Due Process or Equal Protection rights? Matt Olsen (’17) examines this question, based on his experience at the 2016 Tulane Mardi Gras Sports Law Invitational Competition. His Contribution discusses the Seventh Circuit’s ruling in Hayden v. Greensburg School Community Corporation, the sole circuit court case to address the constitutionality of extracurricular athletic grooming regulations in the context of an Equal Protection claim. Although the adoption of the holding by other courts remains to be seen, the Contribution concludes that the ruling could serve as a powerful means to strike down personal appearance regulations based on gender stereotypes.

Powered by WordPress & Theme by Anders Norén