case or legal topic in sports
Final Paper
The major assignment for this course is requires you do to select a case or legal topic in sports to research. This paper will be slightly different from other research papers you have done because it requires you to use articles and the law to support or argue a court’s ruling on a case. We’ve talked about common law or judge-made law. When courts make a decision in a case, it is based on a judge’s interpretation of the law. You may disagree with their ruling, which happens very often and is usually the reason judgments are appealed to higher courts.
For this research paper, you will select a topic in sport law to review. You should present a question to answer and provide summaries of related cases explaining how the law was applied to those cases. You should also explain the relevant law for your chosen topic. You will use those cases and law review articles to present a legal argument for you selected topic. Nexis Uni (formerly LexisNexis) will be your main source for finding cases and articles to support your argument. You are also free to use other sources in the library and on the Internet to find articles and cases that support your position.
Because this is the first time any of you have written a paper of this type, it will be broken up into five parts. This will ensure that I can provide guidance long the way but also that you don’t wait until the last minute and submit work that is subpar.
Part I (Due February 2nd): The first part of this paper will focus on choosing a topic or legal question to answer. This will be the basis for every other part of the paper so selecting a topic and developing a legal research question is essential. If you have a topic in mind I can helpyou to develop a legal research question.
Part II (Due February 16th) After developing a legal research question, the next part of your research paper will require you to find and brief 3 cases that help you to answer you research question. Case briefs help to understand how courts apply the law to a particular set of facts. We’ve talked about common law or judge-made law. Often, when courts make a decision in a case, it is based on a judge’s interpretation of the law. You may disagree with their ruling, which happens very often and is usually the reason judgments are appealed to higher courts. Creating case briefs should help to support your legal argument. Caselaw has been used as a basis for judges reaching decisions and they will help you in your argument for this paper.
Part III (Due March 15th): In addition to caselaw, academic articles are also helpful to support a legal argument. Law review articles are an important aspect of legal research because not only do they explain a legal argument, but they do so by explaining relevant caselaw and interpreting laws. Besides cases, law review articles should be your main reference source. For Part 3 of the research paper you will conduct research to find three law review articles relevant to your topic and write a one page summary for each of the three law review articles.
Part IV (Due April 5th): This part of the final paper will require you to submit a thesis statement and outline of your final paper. In Part I, you came up with a legal research question and in this part, you will develop your thesis statement which should explain how your paper will answer that question. Remember, this is a legal research paper which requires you to develop an argument and find caselaw and academic evidence to support your argument. Your thesis statement should explain the argument you intend to make. The outline should law out the structure of your paper and the argument(s) you will be making.
This last part of this project is your final research paper. This should be the cohesive culmination of the research conducted for Parts 2 and 3. You will use the research and work done in the other parts to develop and present a legal argument that answers the legal question developed in Part 1.
Your primary resource for finding cases and articles will be Nexis Uni. You are free to use other sources in the library and on the internet to find articles to support your position, but you are required to use at least four cases and five law review articles in your paper.
Your paper must be 8-12 pages long (excluding the cover page and references), written in APA style format. Your paper should have an introduction with a thesis statement, a body explaining your legal argument and research to support that argument, and a conclusion summarizing the points made and a final statement regarding the legal question and argument. The paper must be written in 3rd person (DO NOT use I, me, or you). This IS NOT an opinion paper. This paper is a presentation of a legal argument supported by legal research.
As with any assignment, if you directly quote or paraphrase any sources, you MUST cite your sources. Failure to do so will constitute plagiarism and result in either a deduction of points or a failing grade for this assignment, to be decided at the discretion of the instructor. I encourage you to visit the writing center to ensure that you do quote correctly according to APA style and to also receive help in writing your paper to ensure that it is grammatically correct, cohesive and coherent. I also highly advise you consult me if you have any questions about the progress of your paper.
I have included a list of possible questions and cases for you choose from if you need help coming up with a topic. In addition to this list, you are also free to choose a case we have discussed in class that may have drawn your interest. Papers should be submitted in Turnitin. Points will be deducted for a failure to follow instructions.
Suggested Questions
Should athletes be liable for injuries caused in sporting event?
Should baseball and other sports be entitled to an antitrust exemption?
Should schools be able to cut men’s teams to comply with Title IX?
Does the NCAA violate antitrust law by prohibiting compensation for student athletes?
Should fans be able to sue for injuries sustained from foul balls or broken bats?
Does drug testing of high school athletes violate the 4th Amendment of the Constitution?
Does the use of golf carts constitute a reasonable accommodation under the ADA?
Suggested Cases
Brown v. Pro Football 518 U.S. 281 (1996)
San Francisco Arts & Athletics v. USOC 483 U.S. 588 (1987)
Federal Baseball Club v. National League 259 U.S. 200 (1922)
Clarett v. NFL 369 F.3d 124 (2004)
Hill v. NCAA 865 P.2d 633 (Cal. 1994)
Martin v. PGA 532 U.S. 661 (2001)
American Needle v. NFL 130 S.Ct 2201 (2010)
Dambrot v. Central Michigan University 55 F.3d 1177
Hackbart v. Cincinnati Bengals 601 F.2d 516 (1979)
