Posts in Contracts
What Maryland Can Do with DJ Durkin -An Employment Contract Analysis

During a preseason workout, University of Maryland redshirt freshman offensive lineman Jordan McNair collapsed after a conditioning test comprised of ten 100-yard sprints (a.k.a. "suicides," a common athletics drill). From there, he was hospitalized and died two weeks later from heatstroke complications. Exactly what happened on the field during training that day and exactly who was on the field overseeing the workouts is currently under investigation.

The reports so far contain a lot of alleged details, but we will not know more of the full story until the investigations are complete. What we do know comes from a Tuesday press conference [see full transcript], UMD President Wallace D. Loh and Athletic Director Damon Evans stated that McNair's treatment did not include cold-water immersion and that "care we provided was not consistent with best practices." Moreover, Loh went on to say that they met with McNair's family to apologize and take "legal and moral responsibility" for what happened leading up to their son's death. We also know that Maryland Head Football Coach DJ Durkin, along with three of his staff members, were placed on administrative leave and that strength and conditioning coach Rick Court, the man who was running the workout, officially received the boot.

There could be many components at play here that we, unfortunately, need to wait to truly find out: any signs of struggle earlier in the workout; whether proper protocol was followed by the coaches, including those for precautions under certain conditions and medical guidelines for attending to any resulting injuries; whether Durkin was aware of the workout conditions; whether Durkin was aware of any protocols not being followed; whether Durkin was there when it all went down (according to reports, he was there); and whether McNair had any pre-existing health conditions that people were unaware of could also come into play in determining how toxic the football culture at Maryland is under Durkin's watch.

So, what can Maryland do with DJ Durkin, from a legitimate legal perspective?

To figure this out, let's (a) go over why we are focusing on the exact terms of Durkin's contract with Maryland, (b) highlight a few sections that may be triggered in determining what will happen with Durkin's employment status, & (c) use those sections to support the three potential scenarios - firing with "cause", firing without "cause", or keeping him.

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What OSU Can Do With Urban Meyer - An Employment Contract Analysis

Ohio State University is the latest entity trapped in the knotted-up business ethics & moral dilemma of what to do with a person of high authority who could have known about domestic violence allegations against a staffer and failed to do what he was supposed to do. Yesterday afternoon, OSU placed head football coach Urban Meyer on paid administrative leave while the university conducts an investigation into the issue at hand - whether Meyer knew about the domestic violence allegations against his former wide receiver coach, Zach Smith, by his ex-wife Courtney Smith and failed to follow the university's protocol according to the terms of his employment.

Expect a resolution very quickly. The football team starts practices in a few days, and when someone is placed on paid administrative leave, that is a pretty good sign that the parties involved are negotiating terms of separation. Here, it is uncertain at this time whether OSU interprets Meyers possible behavior as violating the terms of his employment. Furthermore, that would absolutely influence how OSU goes about any separation discussions, but at the same time, it would be understandable that both parties want to handle this and move forward in a swift, adequate fashion.

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Fun Facts & Implications You Should Know for the 2018 NFL Draft

This weekend is the 83rd Annual National Football League Player Selection Meeting, a.k.a. the 2018 NFL Draft! If a team has a successful draft, Lord knows that its trajectory can change dramatically. Because of these stakes, the league has formalized the process over the years to (try to) become more equitable to every team. As you can imagine, player selection means contracts on contracts on contracts, rules and regulation enforcement, a shift from amateur to professional status, and OH so much more law-related fun. Here are a few fun bits of knowledge y'all should store in your brains.

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An Excerpt from "Sports Are Worth How Much!? And Other Questions In Pro Sports, Answered (Kind Of)"

The following passage is an excerpt from Justin Bedi's Sports Are Worth How Much!? And Other Questions In Pro Sports, Answered (Kind Of), from the chapter “The History and Impact of Unions In Pro Sports”. It has been edited and condensed to appear in this publication.

“Love them or hate them, unions are a part of the way the working world is organized.

The labor movement has touched virtually every corner of the globe and has impacted every industry, from steelmaking and car manufacturing, to the public service and piloting, to the world of professional sports.

Unions are undoubtedly controversial; on a scale from nuisance to difficult problem, business owners see unions as industry death knells, and on the other side, workers see them as vital to protecting their rights. The debate over the impact and effectiveness of unions is fraught with realities, myths, and hyperbole, and this is particularly true of the professional sports industry, because every part of sports is exciting—even the unions.

Unionism in professional sports boils down to an inherent conflict between billionaire owners and millionaire athletes—the kind of drama that drives daytime soap operas. And due to the overwhelming popularity and cultural significance of professional sports in the U.S. and Canada, the everlasting drama between team owners and athletes has been highly publicised and made accessible to the public.

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Overwatch League Starts Strong In Its Stance On Player Conduct Expectations

The Overwatch League (OWL) began a few weeks ago and saw, in my opinion, a pretty successful inaugural weekend! Viewership has dropped a bit since, but that is to be expected to an extent. As its second week of competition began, though, the OWL experienced what could be called its first bit of "sports law" controversy - Félix "xQc" Lengyel, the tank for the Dallas Fuel, made some anti-gay slurs about one of his Houston Outlaws opponents on Thursday night on his personal Twitch account livestream after the Outlaws shut out the Fuel, 4-0. Austin "Muma" Wilmot, the tank for the Outlaws, is openly gay, & despite xQc stating afterward that he had no malicious intent in his remarks, OWL chose to stay strong in its disciplinary stance.

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2018 Sports Law Hot Topics To Watch

Per usual, I would like to make my predictions regarding what topics I believe will be extra sizzlin' in 2018, but I will do so in a slightly different way. Here are brief descriptions of what each topic is, some insight as to why I have it on my predictions list, and who you can pay attention to for the latest news, updates, and analysis throughout the upcoming year:

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Reflecting on My "2017 Sports Law Hot Topics To Watch" Predictions

If Deflategate's courtroom battles placed "sports law" into mainstream conversation in 2015-2016, then 2017 gave sports law an entire fleet of those Wacky Waving Inflatable Arm Flailing Tubemen [Note: If you do not understand the reference, I encourage you to click the link.] As we step - no, run - into a new year embracing all the change that is more likely than not going to occur, I would like to put the past twelve months into perspective and reflect on what I predicted would be the sports law hot topics to watch in 2017, what happened and what did not, and see whether the topics attained some means of closure. All in all, I can proudly say that my umbrella picture that 2017 would be a continuation of prevalent sports law trends was pretty accurate.

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Why the NFL Fined Jabrill Peppers $24K & Why He Could Win An Appeal

Former Michigan Football stud Peppers is a rookie for the Cleveland Browns and has looked pretty good on the field given the unfortunate circumstances of being on the Cleveland Browns. In Week 12, the Browns played their in-state rival, the Cincinnati Bengals, and because apparently no game in the NFL can finish 60 minutes of play without some controversy, the officials made a controversial call against Peppers when he made quite possibly the best hit of his career to date.

In the fourth quarter, Peppers was flagged and given a penalty for his hit on Bengals wide receiver Josh Malone. The Browns were only down 23-16 when an official threw the flag and announced that Peppers received a personal foul because he made contact with Malone's helmet. The penalty gave the Bengals an automatic first down and moved the ball 15 yards down the field. Just moments later, the Bengals scored a touchdown to seal the deal and defeat the still-winless Browns 30-16.

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