Sports Law – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 10 Awesome Jobs for Entertainment, Arts, or Sports Lawyers https://legacy.lawstreetmedia.com/schools/jobs-entertainment-arts-sports-lawyers/ https://legacy.lawstreetmedia.com/schools/jobs-entertainment-arts-sports-lawyers/#respond Thu, 04 May 2017 18:22:17 +0000 https://lawstreetmedia.com/?p=59543

Check out some awesome careers that could be right for you!

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Dreaming of a dynamic legal career that means that you get to brush shoulders with celebrities, immerse yourself in art, or sit courtside at a big game? You might not realize that one thing your favorite pastimes have in common is that they simply wouldn’t be able to exist without lawyers.

Entertainment, Arts, and Sports lawyers are employed for a bunch of different reasons to make sure that our favorite hobbies go off without a hitch. Check out 10 awesome jobs that require Entertainment, Art, and Sports lawyers in the slideshow below. And if you’re interested in learning more about how to become an Entertainment, Arts, or Sports lawyer, check out the University of Miami School of Law’s LL.M program.

Video Game Lawyer

Image courtesy of Mark Bonica; License: (CC BY 2.0)

Yeah, that’s actually a thing. And it’s pretty cool. Like most other jobs in Entertainment law, it incorporates working with contracts, as well as navigating IP law. According to Ryan Morrision, an actual, live “video game lawyer,” a lot of his work involves providing legal help to small startups with cool ideas for games and apps. They often need help with things like incorporating, legally hiring freelancers to do some of the work, trademarking their games, and setting up privacy policies.

University of Miami School of Law
The University of Miami School of Law’s mission is to foster the intellectual discipline, creativity, and critical skills that will prepare its graduates for the highest standards of professional competence in the practice of law in a global environment subject to continual–and not always predictable–transformation; to cultivate a broad range of legal and interdisciplinary scholarship that, working at the cutting edge of its field, enhances the development of law and legal doctrine, and deepens society’s understanding of law and its role in society; and to fulfill the legal profession’s historic duty to promote the interests of justice. Visit www.law.miami.edu for more information. The University of Miami School of Law is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-67/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-67/#respond Mon, 13 Feb 2017 15:52:15 +0000 https://lawstreetmedia.com/?p=58872

ICYMI, check out the best of the week!

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Catch up on the stories you may have missed by checking out Law Street’s best of the week!

What Does it Take to Become an Entertainment, Arts, or Sports Lawyer?

Do you read every article you can find about the Tidal lawsuits? Are you fascinated by the legal effort to recover art stolen by the Nazis during World War II? Do you have strong feelings about the legal side of “Deflategate?” Do you want a legal career that’s dynamic, fast-paced, and challenging? If you answered yes to any or all of those questions, a career in Entertainment, Arts, or Sports law may be something to consider. So, how do you get started? The University of Miami School of Law, home to the unique Entertainment, Arts, and Sports Law LL.M program, has the answer.

Melania Trump Settles With One Defendant in Defamation Battle

Shortly after refiling a $150 million defamation lawsuit involving claims that she worked for an escort service, Melania Trump has reached a settlement with one of the defendants named in her original defamation suit. According to Trump’s lawyers, Maryland-based blogger Webster Tarpley–who published the escort claims on his website Tarpley.net–has “agreed to pay her a substantial sum as a settlement.” However, the specific amount of money remains unknown.

Cannabis in America February 2017: Which State Will Be Next to Legalize?

Last week Law Street released its first monthly Cannabis in America newsletter! Click the link to find out which states are readying to legalize marijuana next and review a recap of our latest cannabis coverage. Also learn more about how 2017 is becoming “the year of local” cannabis from an exclusive interview with Jackie Subeck, CEO of cannabis lifestyle brand Hey Jackpot, and the Vice Chair of the Women Grow Los Angeles chapter. Click here to subscribe to our cannabis newsletter.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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LGBTQ Pro Sports: Obstacles and Victories https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/lgbtq-pro-sports-obstacles-victories/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/lgbtq-pro-sports-obstacles-victories/#respond Thu, 16 Jul 2015 15:00:40 +0000 http://lawstreetmedia.wpengine.com/?p=45071

How is life in professional sports for out athletes?

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Even though only 19 percent of Americans surveyed by the Public Religion Research Institute said they would oppose a lesbian or gay athlete signing onto a professional sports team, there are still many obstacles that exist to LGBTQ players being out in pro sports.

Women have been coming out publicly in professional sports for years, but men in the big leagues have faced a great deal of obstacles keeping their positions on teams.

As more and more professional athletes are coming out, what are the legal rights and difficulties of LGBTQ athletes in professional sports?


Out Athletes in Pro Sports

Not only have queer women been coming out publicly in professional sports for quite some time, several have been actively outspoken against homophobic laws. Speaking out against Minnesota’s 2012 attempt to ban gay marriage in the state, WNBA star and Olympic gold medalist Seimone Augustus told the Associated Press:

I felt like it was the perfect time for me, being on a platform where I can make a change with my voice and my situation… Maybe inspire someone else to come out and be comfortable with themselves. Or maybe someone else’s parents will see my parents saying that it’s OK to be with your child and love your child unconditionally regardless of your sexual preference.

This outspokenness accompanies the activism of fellow out WNBA star Brittney Griner against the constraints placed on her at Baptist school Baylor University.  Griner has commented candidly on the hypocrisy of homophobia in sports:

The more I think about it, the more I feel like the people who run the school want it both ways: they want to keep the policy, so they can keep selling themselves as a Christian university, but they are more than happy to benefit from the success of their gay athletes. That is, as long as those gay athletes don’t talk about being gay.

Though these insightful statements and Griner’s casual coming out were both greeted with a general lack of pomp and circumstance from mainstream media sources, the coming out of men as gay has been greeted with a much more vitriolic response from the male-dominated sports world.
After releasing an article in Sports Illustrated that he opened with the lines, “I’m a 34-year-old NBA center. I’m black. And I’m gay,” NBA veteran Jason Collins only played 22 games professionally. Of the pressures and homophobic microaggressions faced by gay athletes in professional sports like Collins, former NFL star Wade Davis–who came out as gay after retiring from the game–argues:
We’ve got a culture that is OK with casual homophobia and sexist language… What Jason Collins’ presence does–now people have to be held accountable. Because what people said before was, ‘Well, he said that, but he wasn’t talking to anyone, and no one’s gay here, so no one’s offended by it.’ Now that Collins is in existence, people realize there are more Jasons out there, more Michael Sams out there, that when you say something homophobic, you’re actually affecting someone who you truly believe exists now.

Despite this knowledge, Michael Sam–the Dallas Cowboys draftee who was the first openly gay player selected in an NFL draft–halted his career before it even began, after spending seven weeks with the team and never appearing on the its active roster.


Rights and Responsibilities

Advocates of LGBT rights in professional sports have argued that it is the responsibility of professional sports leagues to proactively protect players–and coaches and staff–from discrimination.

In Sam’s case, however, Dr. John Fitzgerald Gates, National Diversity Expert, Principal, and Chief Strategist of Criticality Management Consulting and Former Associate Dean of Harvard College, wrote the following about NFL Commissioner Roger Goodell:

(He) did nothing to assure that Sam would be treated with the respect and fairness accorded other players, or to protect him against being fired because he is gay. According to Goodell, in the NFL: ‘We do things the right way. We will give them that education and training. I hope that will solve the problem.’ But Goodell’s deduction is flawed, for if education and training solved discrimination we surely would have educated and trained our way beyond it by now. As with racial and gender bias, laws must be constructed and enforced to ensure equal protection to LGBT professional athletes. Goodell welcomed Sam onto the field of play without providing him the protection from discrimination that other players have, thereby leaving him uniquely and unfairly vulnerable. Goodell codified the NFL’s right to discriminate when he should have had the courage, like President Obama, to ban it.

It is worth noting that the NFL does, in fact, have provisions in place to protect players from discrimination and harassment based on their sexual orientation. Indeed, when the MLB spoke out against homophobia in the major leagues, it was following the precedent of the NFL, stating that:

Major League Baseball and its 30 Clubs stand united behind the principles of respect, inclusion and acceptance. Those values are fundamental to our game’s diverse players, employees and fans. We welcome individuals of different sexual orientations, races, religions, genders and national origins. MLB has a zero-tolerance policy for harassment or discrimination based on sexual orientation, as reflected by our collective bargaining agreement with the MLB Players Association. Accordingly, MLB will neither support nor tolerate any words, attitudes or actions that imperil the inclusive communities that we have strived to foster within our game.

Though the NFL receives a great deal of flack for sexism, despite the openness with which it has created policies to protect LGB players, Major League Baseball has an extremely homophobic history:

From Oakland to New York, Kansas City to Philadelphia, and Boston, there were fans who reacted negatively to the inclusion of the link to the [pro-LGBT] Spirit Day page.  Two MLB teams, the Cincinnati Reds and the Washington Nationals, did not include the link.  One, the Colorado Rockies, did not participate at all.

The Atlanta Braves had previously run into trouble back in 2011, when pitching coach Roger McDowell hurled anti-gay slurs and verbally threatened a family sitting in the stands during a late April game in San Francisco.  More than ten years ago, former Atlanta pitcher, John Rocker, became the poster boy for hate, by publicly spewing anti-gay, anti-Semitic, and anti, just about any other non white Christian group that one can think of, on and off the field.

Major league baseball has come a long way towards policing itself, and encouraging fans to join the movement towards tolerance and acceptance. Back in 1988, umpire  Dave Pallone revealed that he was gay too, then MLB Commissioner, Bart Giamatti, leading to Pallone’s firing at the insistence of MLB owners.

This, as well as the experiences of Jason Collins and Michael Sam, very clearly demonstrate the ways that policies do not always, or even often, actually protect players from discrimination.

Significantly, these league policies do not explicitly protect transgender players in professional sports. Though transgender athletes have a rich and successful history in professional sports, including Reneé Richards and Lana Lawless, professional sports create tremendous obstacles for these athletes. These obstacles are present both physically and psychologically, as transgender athletes face exclusion, a lack of institutional protection, and violence.

Gender-segregated professional sports do not protect against discrimination based on gender identity they way they protect sexual orientation. This leaves transgender athletes exposed without institutional protection from the vitriol, anger, and violence that trans athletes face from the organizations and individuals they compete with.

Despite this lack of legal protection for transgender athletes, many trans athletes and coaches are carving their own places at all levels of sports, from elementary schools to professional sports.


So where do sports stand?

Though there are protections for gay, lesbian, and bisexual athletes in professional sports, LGB athletes still have a hard time maintaining their positions in the big leagues once they come out. On the other hand, professional sports do not protect transgender athletes from either institutional or interpersonal discrimination; therefore, transgender athletes often face even more obstacles than LGB athletes, though many persevere in pro sports against all odds.


Resources

Public Religion Research Institute: Ahead of Super Bowl, Nearly Three-in-Ten Americans Support Lifetime Ban for Football Players Who Commit Domestic Violence

OutSports: Trans Athletes

Sports Illustrated: Why NBA Center Jason Collins is Coming Out Now

Huffington Post: The Moment is NOW for Professional Sports to Ban LGBT Discrimination

Huffington Post: Michael Sam: The Practical and Legal Implications of a Gay Professional Athlete

CBS News: NFL Agrees to Do More to Protect Gay Players

Daily Mail: Basketball Star Brittney Griner Opens up About Being a Lesbian at Baylor University and How She was Told to Keep ‘Her Business’ to Herself

Jurist: How Four Major Sports Leagues Influence LGBT Rights

Think Progress: The Benchwarming Journeymen Who Changed American Sports Forever

Think Progress: Dallas Cowboys Cut Michael Sam from Practice Squad

Jennifer Polish
Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

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The Fable of the College Football Strike https://legacy.lawstreetmedia.com/blogs/sports-blog/fable-college-football-strike/ https://legacy.lawstreetmedia.com/blogs/sports-blog/fable-college-football-strike/#comments Mon, 19 May 2014 10:30:36 +0000 http://lawstreetmedia.wpengine.com/?p=15636

It’s a chilly November afternoon in Indiana. Simple, God-fearing folks from Fort Wayne to Evansville have gathered with friends and family to celebrate the football game happening in South Bend, just as they do every year. The game would give the winner a good shot at college football’s national championship, and give one team’s fans bragging rights throughout the country for at […]

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It’s a chilly November afternoon in Indiana. Simple, God-fearing folks from Fort Wayne to Evansville have gathered with friends and family to celebrate the football game happening in South Bend, just as they do every year. The game would give the winner a good shot at college football’s national championship, and give one team’s fans bragging rights throughout the country for at least a year. But this year there would be no bragging rights for either Notre Dame or USC fans because there would be no game. Hours before kickoff, Notre Dame quarterback Josef Steinbeck (a transfer from Michigan) convinced his team to strike over the team’s early curfew and average salaries. Notre Dame University, Steinbeck’s employer, was powerless because Steinbeck was protected by a big, powerful, union.

This Thayer-esque sports tragedy is exactly the type of yarn being spun by opponents of unions in college football, like United States Senator Lamar Alexander (R-TN) and the Wall Street Journal. These stories have the potential to both entertain and galvanize the casual fan into opposing collective bargaining for college football players, but are they cautionary tales or tall tales?

Generally, unionized workers are permitted to strike only for economic concessions or due to an unfair labor practice (ULP) committed by their employer.  If a union strikes for an economic concession that’s plainly covered by their collective bargaining agreement (CBA) (e.g. strike to compel an employer to raise minimum salaries higher than the CBA permits), a union risks committing a ULP itself, which could lead to fines, sanctions, or even decertification of the union. Unions also can’t strike unless they’ve given ten days notice to their employer, and they can’t strike at all if their CBA contains a no-strike provision. Rather than striking or hashing out issues via proletariat revolution, union complaints are usually either withdrawn or settled.

Still, work stoppages do happen (although apparently not in Canada). In sports though, it’s often not at the behest of the union.  A glimpse at work stoppages in professional sports shows that most are caused when owners refuse to permit the players to work (lockout) rather than the players refusing to play for the owners (strike). In baseball, strikes outnumber lockouts but mainly because the MLB’s perplexing antitrust-exemption prevents players from using alternate means to litigate their beef with management. In other sports, lockouts have typically arisen when CBAs between ownership and players have expired, and the two sides have not agreed upon a new contract. Since it takes two to tango, an unbiased observer would see owners just as responsible for sports stoppages as players are.

Even if the improbable did happen and unionized college players went on strike, would they deserve our resentment? The National College Players Association (NCPA) would be the presumptive union representing most college sports teams, and their demands are fairly modest requests regarding player safety, scholarship guarantees, and the ability to transfer. If a school reneged on one of these issues mid-season and still expected its football player to provide it with its multi-million dollar revenue stream, is the student the bad guy? Not in any story I’ve ever read.

Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [Shaynedwyer via Wikipedia]

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