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.Read More
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.Read More
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.Read More
nless you have been living under a rock like Patrick Star, you know the name Roger Goodell. Goodell is the current NFL Commissioner who has reigned over the League since being the chosen one to succeed Paul Tagliabue in 2006. His name has not been able to escape media attention and public criticism since taking the position thanks to a combination of (a) the successive "scandals" by teams and individuals, (b) the increasing popularity of non-traditional news platforms like social media & online video streams, and (c) a more widespread understanding of the NFL Constitution & Bylaws outside of the League, where experts in the sports industry (e.g., me & my fellow sports attorneys!) are educating the fans on what the heck is going on with the product - the game itself and the people involved - they love.
Commissioners of professional sports leagues play an extraordinary unique role. They are known as the face of their league because they speak on behalf of their league. They are "the CEO of the league" because they look out for the best interests of the team owners and the overall operation of the business. Furthermore, they are in charge of looking after the best interests of their league as a whole. Special duties are intimately attached to the commissioner role, which is why we see them wear many hats depending on the circumstances. In short, no traditional business has a position quite like a professional sports league commissioner who (a) needs to protect the integrity of the game, (b) tackles the delicate responsibility of enforcing rules and disciplining players and/or team owners, and (c) resolves a variety of disputes, big and small.
The NFL Constitution and Bylaws forms the contractual relationship between the League and the owners, particularly, whereas the Collective Bargaining Agreement forms the contractual relationship between the League and the players. Article VIII of the Constitution and Bylaws, plainly titled "Commissioner," covers the many rules touching who the Commissioner is, what his responsibilities are, and what he is authorized to do. I know a lot of people have been asking me questions about this portion in general. Hopefully, your questions get answered, and if they do not, ask away in the comments!Read More
Since the U.S. Court of Appeals for the Ninth Circuit handed down their decision in O’Bannon v. NCAA, the discussions surrounding college athletes’ name, image, and likeness have come to the forefront, and rightfully so. As such, a former University of Central Florida football player, Jah Reid (not to be confused with Jah Rule, of course) sued the university’s athletic department — formally referred to as the UCF Athletics Association (“UCFAA”). His attorney filed a complaint with the Orange County (FL) Circuit Court on May 12. Additionally, Reid named Rise and Conquer LLC (“Rise and Conquer”) as a defendant. Scott Frost, UCF’s Head Football Coach, serves as Rise and Conquer’s de-facto CEO, according to online records.Read More
Off the field, 2017 is not looking any better on Ezekiel Elliott than 2016 did. While partaking in Dallas' St. Patrick's festivities this past weekend, he reaches over to the woman next to him and pulls down her shirt, exposing her breast. He did not stop there, though. Again, he proceeded to attempt the move for a second time, but she batted his hand away from her.
It is irrelevant whether this woman wanted to show other people her breasts in public, and it is irrelevant whether this woman decided to hang out with him later in the day. What does matter is that Zeke grabbed her shirt and showed her breast to the world and then proceed again in a second attempt, evidently without her consent either time as she quickly pulled up her shirt the first time and slapped his hand away the second time.
Based on the evidence made public thus far, this woman could have a misdemeanor assault or battery claim against Elliott. Each state expresses its own essential elements for what constitutes assault and battery whether it be a misdemeanor or criminal charge, but the general idea is consistent across the board.Read More
There is a laundry list of things that the NFL does wrong. Then, there is one thing the NFL does better than any other sports league: broadcasting rights, which essentially limit who can show footage of an event on the platform designated in the contract. This realization became even more noticeable after the positively lagging coverage NBC did for the Rio 2016 Olympic Games last month.
Commissioner Roger Goodell has said that he wants the league to have a "unique tri-cast on broadcast, cable, and digital platforms," and a series of insane revenue-generating tri-cast broadcasting rights contracts is exactly what the NFL has now. The NFL wants to get to more people. With this business strategy, the league is doing just that. The best part is that it will serve a fan base with a growing need for immediacy and flexibility and also a society full of more and more cable cord cutters.
Without further ado, this is how you can watch NFL games and coverage this upcoming season with or without a cable subscription:Read More
If you are not following the Erica Kinsman lawsuit against former Heisman winner and current Tampa Bay Buccaneers quarterback Jameis Winston, you should be. It does not matter whether you are a football fan or whether you know how to follow a case or whether you believe her story. If you are a living human being, you can learn a lot about the legal system and the sports industry's stigma of sexual assault from what is going down and what could go down. Here are four reasons why.Read More