Foundations of the United States sports law model: structure and Key issues.

• Author: Jones, Karen L.

This article provides an overview of the United States sports law model and reviews some of the important cases that helped develop the foundations of the United States sports law model. Key issues, cases and legislation that impact sports law in the United States today are also discussed. A brief comparative between United States sports law and European sports law on specified key issues is included in the review.

1. Introduction

   Attempting to provide an overview of the United States (also referred to as, "US") sports law model is at best an optimistic undertaking. This is the case for several reasons: to fully address the United States sports law model would require an in-depth understanding of the structure of the United States laws, in both a historical and practical sense, including an understanding of the court systems. Further, such an undertaking would also require a fundamental understanding of the United States sports structure, the games and how the sports structure fits within the legal environment. Finally, to really understand the United States sports law model, would require an understanding of the social and economic environment that has a substantial impact on the way sports are played, the structure of sports law, and the sports governance model in the United States, as a whole. Therefore, to achieve some level of success in addressing this topic, this article will focus on providing an overview of United States sports, a cursory review of the foundations of the United States sports law model with some comparatives between the United States and the European sports law models, and a look at some of the prevailing legal issues that impact United States sports today.

2. United States Sports Law Defined

   The question of "What is Sports Law?" has been addressed quite a bit by United States academics. (1) Nonetheless, there are those who still question whether or not a separate area of law, sports law, actually exists; there are those who see the area of sports law as developing into an independent discipline, and finally, there are those who feel that the area of sports law has sufficiently developed in the United States to sustain the autonomous title of sports law as an independent discipline. (2) Since Professor Davis wrote his article in 2001, and in a more recent analysis of the question of "What is Sports Law?" By Professor Rob Siekmann in his Inaugural lecture at Erasmus Rotterdam University in June 2011, the discussion and debate on the topic has continued. Perhaps the scholarly inquiry and debate in and of itself can help sustain the existence of sports law as a legal discipline, as such limited debate at the time of Professor Davis' article was determined to be a basis for concluding that sports law was not a separate and distinct discipline. (3) Although the debate continues, for purposes of this discussion, this article will assume that sports law is a distinguishable legal discipline.

   Like many other countries, United States sports law, or Lex Sportiva (4), is largely comprised of various areas of substantive law, in addition to the governance structures (ex. CAS (5)) and legislation derived as a result of the specificity of sport. United States sports law has not traditionally been an independent identifiable legal discipline within itself. Instead, it has comprised the more traditional areas of labor law, antitrust, tort law, contracts law, and others. Similar also to other areas of the world, US sports law has evolved, to consideration in the development of a specified area of law and study. However, in the United States, sports law is often wrapped under the umbrella of entertainment law, although more recently, over the past two (2) decades, the unique aspects of sports law cannot be ignored. The emergence of sports law into its own distinct legal discipline has allowed more focus to be given to the special characteristics that comprise sports law. Further, guidelines and regulations that specifically address sports related legal issues have emerged. For example, under the guise of non-discrimination, there is specific legislation that addresses non-discrimination in collegiate sports. (6)

   By far, football (US soccer) has the most fans around the world. Because of the difference in focus in the United States on types of sports played and viewed by fans, as opposed to the rest of the world, the United States tends to stand alone in the types of sports that attract the biggest crowds. US football, basketball, baseball and Ice Hockey tend to garner the largest numbers of fans, while US soccer (European Football), tennis and other sports tend to follow in popularity and support. This is relevant because United States sports laws are highly centered on addressing the game relative to the big four (4) sports in the United States (football, basketball, baseball, and Ice Hockey) and much of the legal history is clearly biased towards these four areas of sport. Therefore, I will not undertake to review all of the sports that are played in the United States, as there are many, but instead provide a few representative areas of sports from which to establish a reasonable picture of the applicable framework for demonstrative and comparative purposes.

   Another important area of sport is sometimes referred to as Lex Ludica (7), or the rules that apply to the game of sport. Some consider this to fit most appropriately under amateur sport, while others feel that Lex Ludica comprises (or should comprise) the entire field of sports and sports law. (8) The grassroots sports efforts that are often seen and referred to in European dialogue on sports law are most closely associated with this idea of Lex Ludica. This is comparable to the area of recreational sports in the United States. Recreational sports occur in neighborhood parks, company softball or basketball teams, church leagues, charitable games and many other types of competitive sports activities that are not associated with the professional or amateur sports governance structures or leagues, but do follow the basic rules of the sport. This is an important aspect of United States sports, and although it could (and should) be included within the area of amateur sports, it will not be addressed in this paper, but nonetheless deserved mentioning.

3. Overview of United States Sports Structure

   In Professor Nafziger's article, A Comparison of the European and North American Models of Sports Organization (9), he compares what he terms the North American model of sports organization with that of European. In doing so, he identifies six (6) characteristics of the North American model. Those six (6) characteristics are:

   1. Sharp Distinction Between Amateur and Professional Sports

   2. The Role of Schools and Colleges

   3. A Closed System of Competition

   4. Commercialization of Sport

   5. An Extensive System of Team and Player Restraints

   6. Collective Bargaining System (10)

   In his article, Professor Nafziger identifies commonalities between the two models: European pyramid (11), and the North American model, and ultimately concludes that the two models are converging (rather than diverging). Professor Nafziger's article deals with an analysis of the sports "organization" models. In this discussion, I will focus on the foundational aspects of the United States sports law model and the legal issues that are prevalent within this model. However, Professor Nafziger's article will provide a valuable point of reference to some of the key issues that are highlighted throughout.

   In the United States, there are three main categories of sports to note, and often each has its own fan base. These categories are professional sports, amateur sports and collegiate sports. Most professional sports teams has an amateur and/or collegiate counterpart that represents that sport; although they are not often affiliated or associated by a common organizational or governance structure, as often exists in the European Pyramid model. Additionally, some sports (but not all) have a female counterpart representing that sport; which can include professional, amateur (including collegiate) or both. The sports structure in the United States is not necessarily an integrated one connecting professional, amateur, collegiate, or even male/female games and competition for that matter. Each category (professional and amateur) has its own distinct set of rules. In his paper, Professor Nafziger points out the sharp distinction between amateur and professional sports in North America (12) and the un-integrated framework that exists between the two. (13) The third category, collegiate sports, is a subset of amateur sports, but has its own very distinct and extensive governance structure and guidelines that has no European comparison. Because the rules and governance surrounding collegiate sports is so definitive, tis area of amateur sport is best addressed separately. Each category is reviewed below.

   3.1. Professional Sports

   The U.S. sports structure consists of many sports leagues that represent each of the major sports. The most notable and recognizable national sports leagues include: Major League Baseball (MLB), National Basketball Association (NBA), National Football League (NFL), National Hockey League (NHL), Major League Soccer (MLS), and Women's National Basketball Association (WNBA).

   Each of the major national leagues maintains policies and rules for their members. Leagues that are affiliated with an international organization (ex. Major League Soccer and International Football Federation) tend to adopt the rules of the international organization, only identifying any additional rules that should be added at the national level. The policies and rules are significant in the structure of sports law in the United States. They are often impacted by the laws of the country to help ensure that members are operating within the law.

   There are sports governing bodies in the United States and...