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Sports Law and Regulation: Cases, Materials, and Problems, Sixth Edition

  • Matthew J. Mitten
  • Timothy Davis
  • N. Jeremi Duru
  • Barbara Osborne
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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Sports Law and Regulation provides a comprehensive and timely discussion of youth, high school, college, Olympic, and professional sports legal issues, including gender and racial equity, health, safety, risk management, and intellectual property law issues. A comprehensive collection of cases and materials provides balanced perspectives and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge.

New to the 6th Edition:
  • Updated cases regarding speech and religion at the high school level including Mahanoy Area Sch. Dist. v. B.L. and Kennedy v. Bremerton School District
  • The new NCAA Constitution and governance structure, revised NCAA bylaws, transfer eligibility, NIL, agent interactions, and amendments to the NCAA’s enforcement and penalty structure, along with NCAA v. Alston
  • An updated comment on concussions that includes recent cases, state legislation seeking to reduce the incidence of concussions, and settlements of concussion-related disputes between claimants and the NCAA, NFL, and NHL
  • A streamlined coaching chapter including discussion of coaches’ involvement in the college admissions and basketball scandals and an updated coaching contract negotiation exercise
  • Provisions of the NBA, WNBA, NFL, MLB, NHL, MLS, and NWSL collective bargaining agreements; updated league regulations regarding cannabis use; discussion of minor league baseball players’ unionization; and the 2019 revisions to the Uniform Athlete Agents Act and Williamson v. Prime Sports Mktg., LLC
  • Revised Olympic and international sports law materials, including a recent CAS award interpreting the 2021 World Anti-Doping Code, a revised anti-doping problem, a CAS award regarding the legality of excluding Russian athletes from international sports events, and a Swiss Federal Tribunal case recognizing the independence of the CAS Anti-Doping Division
  • Updated racial demographic data for coaching and administrative positions in collegiate and professional sport and discussion of coach Brian Flores’ historic racial discrimination lawsuit against the NFL and its clubs
  • An updated gender equity chapter that includes new Title IX regulations, sexual orientation discrimination issues, the participation rights of transgender and intersex athletes and new Olympic and NCAA policies
  • New commentary questioning the baseball rule as applied to absolve stadium owners of liability to spectators, and recent developments regarding the standards for assessing the liability of co-participants

Professors and students will benefit from:
  • Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry
  • Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes
  • Flexible organization that supports different teaching objectives, ranging from a focus on amateur sports to professional sports law
  • Skill-building exercises in client counseling, negotiation, and contract drafting
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About the authors
Matthew J. Mitten

Professor Mitten is the Director of the National Sports Law Institute and the LL.M. in Sports Law program for foreign lawyers at Marquette University Law School in Milwaukee, Wisconsin. He served as the Law School#39;s Associate Dean for Academic Affairs from July 2002 to June 2004. He currently teaches courses in Amateur Sports Law, Professional Sports Law, and Torts and has also taught Antitrust Law, Comparative Sports Law, International Sports Law, Legal Ethics and Professional Responsibility, and a Sports Law seminar. Professor Mitten earned a B.A. in Economics from The Ohio State University and his JD, magna cum laude, from the University of Toledo College of Law. He is a member of the Order of the Coif and served as a Note Comment Editor for the University of Toledo Law Review#39;s editorial board. He practiced antitrust and intellectual property law with Kilpatrick Stockton, LLP in Atlanta, Georgia, from 1984-1989. He taught at South Texas College of Law in Houston from 1990-1999 and has been a visiting professor at the University of Toledo College of Law as well as a visiting lecturer in sports medicine at The University of Tennessee Graduate School of Medicine. Matt has been appointed a Senior Fellow at the University of Melbourne Law School in Australia and is a member of the International Advisory Board for its Graduate Diploma in Sports Law program. He has also taught sports law courses at the University of Barcelona in Spain and the University of Queensland in Australia. Professor Mitten has co-authored a textbook titled Sports Law and Regulation: Cases, Materials, and Problems (Aspen, 2d ed., 2005). A leading sports law scholar, he has published articles in the Iowa, Maryland, Marquette, New England, Pittsburgh, St. John#39;s, St. Louis, Nebraska, Seton Hall, and South Texas law reviews as well as in the New England Journal of Medicine. In August 2003 he testified before a Congressional joint subcommittee regarding proposed federal regulation of ephedrine. He has given lectures and presentations about a wide variety of sports law topics at numerous conferences and seminars throughout the United States as well as in Australia and in China. Professor Mitten is a member of the Court of Arbitration for Sport (Lausanne, Switzerland) and the Sports Lawyers Association#39;s Board of Directors, and is an Executive Member of the International Academy of Sportslaw Practitioners Executives. He has been appointed to the Advisory and Editorial Board for The NCAA Scholarly Colloquium on College Sports by NCAA President Myles Brand. He formerly chaired the American Association of Law Schools#39; Section on Law and Sports and the NCAArsquo;s Committee on Competitive Safeguards and Medical Aspects of Sports.

Timothy Davis

One the countryrsquo;s best known sports law scholars, Professor Tim Davis is the John W. Ruth H. Turnage Professor of Law at Wake Forest School of Law. He has co-authored a casebook on sports law, and co-authored The Business of Sports Agents, published by the University of Pennsylvania Press. He frequently presents papers and lectures at academic conferences and continuing legal education seminars. Tim serves on the Review Board for the United States Anti-Doping Agency and is a member of the Board of Advisors for the National Sports Law Institute. In addition, Tim teaches Contracts and Sales, and is a member of the Contracts Drafting Committee of the National Conference of Bar Examiners. Prior to coming to Wake Forest, Tim taught for nine years at Southern Methodist University and practiced commercial litigation in Denver, Colorado. Tim is a tenor and shares a passion for music with his wife and daughter.

N. Jeremi Duru

Barbara Osborne
University of North Carolina at Chapel Hill

Barbara Osborne, J.D., is an Associate Professor teaching in the Sport Administration specialization. Prior to her appointment at UNC in 1998, she worked for 14 years as an athletics administrator in intercollegiate athletics. While working at Brandeis University as the Senior Woman Administrator and Associate Athletics Director, Barbara completed her law degree at Boston College Law School. She also has experience as a coach, public relations coordinator, television sports commentator, publisher, and sports information director. Barbara teaches Legal Issues in College Sport and NCAA Governance and Compliance in the graduate program, as well as Legal Aspects of Sports, Discrimination and Sport, and Women and Sport in the undergraduate program. She is also an Adjunct Professor teaching Sports Law at the UNC Law School. Barbara advises the Carolina Sports Business Club and the Sport and Entertainment Law Association student organizations.

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Sixth Edition
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Connected eBook + Hardcover
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Sports Law
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