United States Sports Law

Subject 730-792 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Professor Matthew Mitten
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand how professional, Olympic and intercollegiate sports are regulated by the United States legal system, and be able to make comparisons with the legal regulation of Australian sports
  • Understand the key historical, sociological, economic and public policy issues influencing the development of American professional, Olympic and intercollegiate sports
  • Understand the differing internal processes for regulating professional, Olympic and intercollegiate sports within the United States
  • Understand how various aspects of American public law, particularly antitrust and labour law, shape and constrain the internal regulatory authority of private sports leagues and organisations
  • Understand how sports-related intellectual property is protected by US law as well as the limits on the nature and scope of such protection
  • Be able to use this knowledge effectively in matters involving American sports organisations, leagues and athletes.

Syllabus:

This subject will consider how intercollegiate, Olympic and professional sports are regulated by the United States legal system.

Principal topics will include:

  • Structure and organisation of sports in the United States
  • Regulating intercollegiate athletics, specifically the legal relationship between a university and its student athletes, university duty to protect student athletes health and safety, National Collegiate Athletic Association rules infraction enforcement process, scope of judicial review of NCAA rules and enforcement proceedings, antitrust issues and gender equity issues
  • Regulating Olympic and international athletics, specifically the structure of the Olympic Movement, governance of Olympic sports within the US, limits on use of national law to regulate Olympic sports, and the operation of the Court of Arbitration for Sport
  • Regulating professional athletics, specifically internal league governance and commissioner authority, antitrust limits on internal league governance, labour law and relations, labour arbitration, and drug testing issues along with an overview of the legal framework for regulating athlete-agents
  • Protection of sports-related intellectual property under US law.
Assessment:
  • Research paper 10,000 words (100%) (11 September) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-792United States Sports LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand how professional, Olympic and intercollegiate sports are regulated by the United States legal system, and be able to make comparisons with the legal regulation of Australian sports
  • Understand the key historical, sociological, economic and public policy issues influencing the development of American professional, Olympic and intercollegiate sports
  • Understand the differing internal processes for regulating professional, Olympic and intercollegiate sports within the United States
  • Understand how various aspects of American public law, particularly antitrust and labour law, shape and constrain the internal regulatory authority of private sports leagues and organisations
  • Understand how sports-related intellectual property is protected by US law as well as the limits on the nature and scope of such protection
  • Be able to use this knowledge effectively in matters involving American sports organisations, leagues and athletes.

Syllabus:

This subject will consider how intercollegiate, Olympic and professional sports are regulated by the United States legal system.

Principal topics will include:

  • Structure and organisation of sports in the United States
  • Regulating intercollegiate athletics, specifically the legal relationship between a university and its student athletes, university duty to protect student athletes health and safety, National Collegiate Athletic Association rules infraction enforcement process, scope of judicial review of NCAA rules and enforcement proceedings, antitrust issues and gender equity issues
  • Regulating Olympic and international athletics, specifically the structure of the Olympic Movement, governance of Olympic sports within the US, limits on use of national law to regulate Olympic sports, and the operation of the Court of Arbitration for Sport
  • Regulating professional athletics, specifically internal league governance and commissioner authority, antitrust limits on internal league governance, labour law and relations, labour arbitration, and drug testing issues along with an overview of the legal framework for regulating athlete-agents
  • Protection of sports-related intellectual property under US law.
  • Research paper 10,000 words (100%) (11 September) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Professor Matthew MittenLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730792P12.500Semester 1NLawLaw730-792

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