CURRENT ISSUES IN SPORTS LAW
Friday, July 11, 2014
Marquette University Law School, Eckstein Hall Milwaukee, Wisconsin
Presented by:
Sponsored by:
1 CURRENT ISSUES IN SPORTS LAW
SEMINAR HANDOUT TABLE OF CONTENTS
1) Schedule pgs. 3-4
2) Materials website and wireless access pg. 5
3) CLE instructions pg. 6
4) Speaker Information pgs. 7-10
5) Anderson materials pgs. 11-15
6) Gray materials pgs. 16-17
7) Kessel materials pg. 18
8) Wied materials pg. 19
9) Miller materials pgs. 20-21
10) Greenberg materials pg. 22
11) Hylton materials pg. 23
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Schedule Check in/Registration (for pre-registered attendees): 11:45 am - 12:30 PM
Welcome: 12:25 PM HOST: Professor Paul Anderson, Associate Director, National Sports Law Institute and Sports Law program, Marquette University Law School; Chair and Founder, Sports Law Alumni Association; and Past Chair, Sports & Entertainment Law Section of the State Bar of Wisconsin, Milwaukee, WI (L'95)
12:30 - 1:20 pm Professor Paul Anderson o TOPIC: Legal Issues Surrounding Concussions in Youth and High School Sport
BREAK 1:20 - 1:30 PM
MODERATOR: Michael Baird, Corporate Counsel, ULINE, Milwaukee, WI, and Vice Chair, Sports & Entertainment Law Section, State Bar of Wisconsin (L'05)
1:30 – 2:20 pm Professor James Gray, Associate Professor and Sport and Recreation Management Program Director, Marian University, Fond du Lac, WI (L’90) o TOPIC: Concussions: Football’s Silent Partner and Player Killer
BREAK 2:20 - 2:25 PM
2:25 – 2:50 pm Attorney Roy Kessel, Founder, SportsBrain, Deerfield, IL o TOPIC: SPORTS CONCUSSIONS: What you don’t know can hurt you!
BREAK 2:50 - 3:00 PM
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MODERATOR: Ashley Fale, Attorney, Crivello Carlson SC, Milwaukee, WI, and Board Member, Sports & Entertainment Law Section, State Bar of Wisconsin (L’11)
3 – 3:25 pm Attorney Jason Wied, Lin.Liebmann.Wied LLC, Green Bay, WI (Vice President/General Counsel, Green Bay Packers, 2000-2012), and member, NSLI Board of Advisors (L’98) o TOPIC: Public Relations and the Law in Sports
BREAK 3:25 - 3:30 PM
3:30 – 3:55 pm Professor Bill Miller, Associate Professor of Sports Management in the Health, Exercise Science & Sport Management department at the University of Wisconsin-Parkside, Kenosha, WI, and member, NSLI Board of Advisors (L'96) o TOPIC: Current Issues in Sport and Entertainment Facility Naming Rights
BREAK 3:55 - 4 PM
MODERATOR: Susan Allen, Senior Associate, Stafford Rosenbaum LLP, Milwaukee, WI, and Chair, Sports & Entertainment Law Section, State Bar of Wisconsin (L'06)
4 – 4:25 pm Professor Marty Greenberg, managing member, Law Office of Martin J. Greenberg, LLC, Milwaukee; Adjunct Professor of Law, Marquette University Law School; member, NSLI Board of Advisors, Milwaukee, WI (L’71) o TOPIC: Restrictive Covenants in College Coaches Contracts
BREAK 4: 25 - 4:30 PM
4:30 - 4:55 PM Professor Gordon Hylton, Professor of Law, Marquette University Law School, Milwaukee, WI and member, NSLI Board of Advisors o TOPIC: Marquette Law School and Baseball Labor Relations in the 1930s
4:55 pm: Closing remarks
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SEMINAR MATERIALS WEBSITE
Speaker presentations and supplementary materials for this seminar are available on a seminar website that can be found at https://law.marquette.edu/national-sports-law-institute/current- issues-sports-law-cle-seminar-july-11-2014-materials-website or http://go.mu.edu/1oKvEh3.
In order to access this websites we have created a guest username and password for all seminar attendees to use. This guest account will allow anyone to access our unsecured MU_Wireless WiFi connection anywhere on campus. Make sure to accept the security certificate your internet browser will initially receive, then enter the username and password listed below. It will also allow anyone to log onto any Marquette University computer. If you need assistance with any connection please contact AMU tech services at 288-5552 or ITS Help Desk at 288- 7799. Password is case sensitive.
Username: w-law1 Password: LawSpring14
WEBSITE: http://go.mu.edu/1oKvEh3
5 CONTINUING LEGAL EDUCATION INSTRUCTIONS FOR ATTORNEYS
Attorneys interested in receiving Wisconsin Continuing Legal Education credit for their attendance at the CURRENT ISSUES IN SPORTS LAW Seminar, held on July 11, 2014, should follow these steps:
STEP #1: Check in upon arrival at the registration desk between 11:45 am and 1 pm.
STEP #2: As you exit after the final panel, turn in your nametag at the registration desk and you will receive a CLE CERTIFICATE OF ATTENDANCE FORM. We will keep a record of attendance for all attorneys who turn in their nametags at the end of the day.
STEP #3: Fill out the CLE CERTIFICATE OF ATTENDANCE FORM and retain it for your own CLE filing records.
STEP #4: All Wisconsin attorneys then record their own attendance with the Board of Bar Examiners. Following the Board’s instructions you can find the approved credit for this event by entering the event date on the Wisconsin Court System website at http://www.wicourts.gov/services/attorney/edu.htm. A screen shot of the Board’s approval of 4.5 CLE credits for this event can be found below.
6 Speaker Information
Paul M. Anderson is the Associate Director of the National Sports Law Institute and Sports Law program and an Adjunct Professor of Law. He earned his B.A. in economics and philosophy, cum laude and Phi Beta Kappa, from Marquette University and is a graduate of the Law School who received the first Joseph E. O'Neill scholarship for sports ethics. Professor Anderson teaches the Topics in Advanced Legal Research - Sports Law, Legal and Business Issues in Collegiate Athletics, Legal Issues in Youth, High School and Recreational Sports, the Selected Topics in Sports Law Seminar, and Entertainment Law. He is the founder and chair of the Sports Law Alumni Association and received the 2003 Sports Law Alumnus of the Year Award. Professor Anderson is former Editor-in-Chief and current faculty co-advisor to the Marquette Sports Law Review. He is the author of numerous articles and books including Introduction to Sports Law (2009) (with Spengler, Connaughton and Baker). The former Editor of the Journal of Legal Aspects of Sport and former Managing Editor of the Journal of Sport and Social Issues, he is editor of several sports law publications, including Sports Betting and the Law (ASSER International Sports Law Series 2011) (with Blackshaw, Siekmann, and Soek). A member of the Case-law Committee of the International Association of Sports Law, and an Observer for the Uniform Law Commission’s Drafting Committee on the Uniform Athlete Agents Act, he is Past Chair of the Sports and Entertainment Law Section of the State Bar of Wisconsin.
James Gray is Program Director and Assistant Professor in the Sport and Recreation Management Department at Marian University. In this role Jim has guided the strategic plan for the Sport and Recreation Management Program since 2008. This included creating the direction, design and implementation of all Program courses. Administered all Program based student registration, retention, and recruitment efforts. He has also supervised student internships, community outreach, alumni relations, and experiential learning opportunities in order to maximize student learning experiences. As a result of these efforts, the recognition and value of the Marian University’s Sports and Recreation Management degree has been enhanced within the industry and within our campus community. Additional duties included the teaching of four undergraduate classes each semester, taught four additional courses on an overload basis, reviewing and selecting relevant course textbooks as well as creating student leadership opportunities. Served on various university and school committees such as the Athletics Committee, the Library Committee, the Health Care Administration Program Director search, the Nomination Committee, the Multi-Purpose Facility Committee, along with leading the WAICU student financial aid lobbying effort on behalf of the University. Advised several student organizations, including the Sport and Recreation Management Club, Students in Free Enterprise, Business Club and the Black Student Union.
Martin J. Greenberg is the managing member of the Law Office of Martin J. Greenberg, LLC, concentrating in the areas of real estate and sports law. He is the former Chair of the Wisconsin State Fair Park Board and the Wisconsin Sports Development Corporation, and served on the Board of the Southeast Wisconsin Professional Baseball Park District (Miller Park). He is an Adjunct Professor of Law at Marquette University Law School where he has taught real estate and sports law courses for over 40 years. He currently teaches the Representing Professional Athletes and Coaches Workshop and Sports Venues: From Election
7 Day to Game Day. He is the founder of the National Sports Law Institute and served as its Director from 1989 to 1997. He is also the former Chair and a current member of the NSLI's Board of Directors. The Institute has established the Martin J. Greenberg Award for Excellence in the Study of Sports Law in honor of his many contributions. Greenberg was awarded the 2001 Joseph O’Neill Award and the 2007 Charles W. Mentkowski Law Alumnus of the Year Award by the NSLI. He is also the recipient of the Milwaukee Bar Association Lawyer of the Year Legal Scholar Award (1988), the Wisconsin Bar Foundation Donald O’Melia Local Service Award (2009), the Wisconsin Law Journal Leaders in the Law (2009), and the prestigious “Master of the Game” Award from Marquette University Law School-National Sports Law Institute for his contributions in the Sports Industry. He is noted in the publication “Best Lawyers in America-Sports Law.” Greenberg has authored or co- authored several books including Sports Law Practice (1993 & 1998), Sport$Biz (1989), and The Stadium Game, Second Edition (2001), and has a website through Marquette University Law School-National Sports Law Institute called “Greenberg’s Coaching Corner” which is a collection of over 20 years worth of articles on college coaching contracts and college athletics.
J. Gordon Hylton, Professor of Law, is a specialist in the legal history of sport. He currently teaches a Special Topics in Sports Law focusing on the historical development of the sports industry, and in the past the has taught Professional Sports Law, Comparative Sports Law, as well as sports history courses in the Marquette History Department and in the College of Professional Studies. He has also taught Sports Law as a visiting professor at Washington and Lee University and in summer programs at the University of Giessen (Germany) and Murdoch University (Australia). He is the author of Sports Law and Regulation (1999) (with Paul Anderson), and a series of law review articles focusing on the legal history of American sport. Professor Hylton joined the Marquette University Law faculty in 1995. In 1997 he was co- chair of the committee that helped design the current structure of the Marquette Sports Law program and National Sports Law Institute, and from 1997 to 1999, he served as Interim Director of the National Sports Law Institute. He has twice been the chair of the Association of American Law Schools Section on Law and Sports, and he is a former Fulbright Scholar. He also played varsity baseball at Oberlin College from 1971 to 1974.
Roy Kessel, Co-Founder of SportsBrain. Roy has extensive experience in the sports industry. He is active in the National Sports Marketing Network, Sports Lawyers Association, National Sports Law Institute and American Bar Association Sports and Entertainment Forum.
Roy was a certified Contract Advisor for the NFLPA and the CFLPA for many years and held a long tenure as a Co-Chair of the Chicago Bar Association’s Sports Law Committee. Roy received his BBA in Finance and Marketing from the University of Wisconsin and his JD from Northwestern University School of Law where he was the Note and Comment Editor for the Northwestern Journal of International Law and Business.
Roy has created, managed and promoted numerous celebrity, charity and corporate golf events including the first golf tournament ever sanctioned by the Tournament of Roses in conjunction with the 2000 Rose Bowl game between Wisconsin and Stanford. He has also been involved in running events for the NFL Coaches Association, the Stardust Casino, the University of Wisconsin and many other local and national organizations.
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He is also the founder of the Sports Philanthropy Foundation (SPF) which strives to use the power of sports to create programs that provide Education, Opportunity and Empowerment for youth. SPF is an initiative which is designed to bring together various sports organizations, universities, athletes, teams and sponsors to help them understand how to be more effective and efficient in their philanthropic efforts.
Roy served as an instructor in Northwestern University’s Masters in Sports Administration Program, teaching a course in the “Legal and Ethical Issues in Sports Management,” and served on the admissions committee for the MSA program. He writes a Sports Law Blog entitled “From the Bench” which covers the impact of legal issues on the business and competition of sports which highlights the increasing complexity of the legal issues involved in the sports industry as well as the impact of other contractual dispute and criminal charges on the business of sports.
Roy practiced law for over 20 years representing businesses the industries of finance, real estate, sports, education, health care. He has worked with many entrepreneurs helping guide their initial goals and business strategies. Roy continues to provide business and sports industry advice to start-up businesses and non-profits in education, nutrition, sports, philanthropy and health care.
Bill Miller serves as an Associate Professor of Sports Management in the Health, Exercise Science & Sport Management department at the University of Wisconsin-Parkside. His courses at UWP focus on sports business issues with Sport Business & Finance, Sport Sales & Customer Service, Sport & Fitness Marketing and The Business of Minor League Baseball among his undergraduate class offerings to date at the university.
In 2009, Bill developed a course focusing solely on green facility development, finance and marketing issues for sports organizations. The course entitled Sustainable Sports Management is believed to be one of the first of its kind in the country.
Prior to joining UWP, Bill was Executive Vice President-Professional Sports at The Leib Group, LLC, a Mequon-based sports consulting firm. During his seven-year stint at TLG, Bill worked on projects in all five major professional sports leagues and every full-season classification of Minor League Baseball along with various types of municipal sports facilities. His areas of focus included conducting feasibility and market studies, facility lease negotiations, project finance analysis for both teams and municipalities and professional sports franchise sale and acquisition analysis.
One of Bill’s main areas of intellectual focus throughout his career has been sports and entertainment facility naming rights. He has represented both facilities and sponsors in naming rights negotiations and is also the author of Facility Naming Rights and Naming Rights Deals. From 2004 to 2009 he operated Naming Rights Online, a website devoted solely to naming rights issues.
In addition to his teaching and consulting work, Bill was the co-author (with Paul M. Anderson) of Major League Leases, a book devoted solely to the issues surrounding the
9 negotiation of major league stadium and arena lease agreements. His other writings have been featured in Street & Smith’s SportsBusiness Journal, Stadia and Panstadia International Quarterly Report magazines along with numerous other law-related publications and journals.
Prior to joining TLG, Bill served as Managing Editor-Legal and Business Division at Chicago- based Team Marketing Report, Inc. where he was responsible for the Inside the Ownership of Professional Sports Teams and Naming Rights Deals product lines during his time with the company.
Bill is a graduate of Marquette University Law School where, in 1996, he was awarded the Joseph E. O’Neill Prize for student writing. In 2002, he was named the first-ever recipient of the “Sports Law Alumnus of the Year” award from the National Sports Law Institute of Marquette University Law School in honor of his career accomplishments and service to the sports law program. He currently serves on the National Sports Law Institute of Marquette University’s Board of Advisors.
Bill is a former Chairperson for the State Bar of Wisconsin’s Sports and Entertainment Law Section. He has also served in a variety of other posts for the group and is currently a member of the section board. Miller is also a member of the Sports Lawyers Association (SLA).
Jason Wied is an attorney with Lin.Liebmann.Wied LLC in Green Bay. Jason's areas of practice include corporate business law, civil litigation, economic development, governmental law and sports management law. Previously, Wied was the Green Bay Packers’ corporate counsel for more than 10 years and was the Packers’ Vice President of Administration for nearly 6 years. He was instrumental in the organization’s corporate governance, real estate/business development plans and in community/government outreach efforts as well as public relations.
Prior to joining the Packers, Wied practiced civil litigation and business law for an area law firm. He has a bachelor’s degree in psychology from the University of Wisconsin Madison and a law degree from Marquette University Law School. He is a graduate of the NFL’s Business Development Program at Stanford University’s Graduate School of Business.
10 12:30 - 1:20 pm
Legal Issues Surrounding Concussions in Youth and High School Sport
Professor Paul Anderson (L’95)
Associate Director, National Sports Law Institute and Sports Law program, Marquette University Law School; Chair and Founder, Sports Law Alumni Association; and Past Chair, Sports & Entertainment Law Section of the State Bar of Wisconsin
This presentation will provide an overview of the most recent research related to the legal issues surrounding concussions in youth and high school sport. Through an analysis of the cases related to head trauma in sport, state and federal attempts to regulate and mandate return to play rules related to concussions, policies of athletic associations, and research related to the affects and impact of concussions on youth sport participants, I hope to provide an overview of the legal issues related to establishing liability for sport concussions.
Resources POWERPOINT PRESENTATION ON SEMINAR MATERIALS WEBSITE
I. Case Law
1. Karas v. Strevell, 227 Ill. 2d 440 (Ill. 2008) 2. Cerny v. Cedar Bluffs Junior/Senior Pub. Sch., 679 N.W.2d 198 (Neb. 2004) 3. Pinson v. State, 1995 Tenn. App. LEXIS 807 (Ct. App. Tenn. 1995) 4. Speed v. State, 240 N.W. 2d 901 (Iowa 1976) 5. Wissel v. OHSAA, 78 Ohip App, 3d 529 (Ct. App. Ohio 1992) 6. Serrell v. Connetquot Central High Sch. Dist. of Islip, 280 A.D. 2d 663 (2001) 7. Mohr v. St. Paul, 2004 WI App. 5 8. Jareau v. Orleans Parish Sch. Bd., 600 So.2d 1389 (Ct. App. La. 1992) 9. Yanero v. Davis, 65 S.W.3d 510 (Kt 2001) 10. Feld v. Borkowski, 790 N.W.2d 72 (Iowa 2010) 11. Kahn v. E. Side Union High Sch. Dist., 75 P.3d 30 (Cal. 2003) 12. Brokaw v. Winfield-Mt. Union Cmty. Sch. Dist., 788 N.W.2d 386 (Iowa 2010) 13. Labouisse v. Orleans Parish Sch. Bd., 757 So. 2d 866 (La. App. 4 Cir. 2000) 14. Stach v. Warwick Valley Cent. Sch. Dist., 964 N.Y.S.2d 241 (App. Div. 2013) 15. Nguyen v. Grain Valley R-5 Sch. Dist., 353 S.W.3d 725 (Mo. Ct. App. 2011) 16. Serrell v. Connetquot Cent. High Sch. Dist. of Islip, 721 N.Y.S.2d 107 (App. Div. 2001) 17. Laiche v. Kohen, 621 So. 2d 1162 (La. Ct. App. 1993) 18. Noffke v. Bakke, 2009 WI 10 19. Hinterberger v. Iroquois Sch. Dist., 2013 WL 6284433 (3d Cir. Dec. 5, 2013) 20. Lavella v. Stockhausen, 2013 WL 1838387 (W.D. Pa. May 1, 2013)
11 21. Mercier v. Greenwich Acad., Inc., 2013 WL 3874511 (D. Conn. July 25, 2013)
II. State Laws o Traumatic Brain Injury Legislation, NATIONAL CONFERENCE OF STATE LEGISLATURES (last updated March 2014).
III. Federal Information 1) Reports and Hearings K-12 Education: School-Based Physical Education and Sports Programs (Report) The Impact of Concussions on High School Athletes (Hearing) The Impact of Concussions on High School Athletes: The Local Perspective (Hearing) Concussions and The Marketing of Sports Equipment (Hearing)
2) Bills H.R.3954: Concussion Awareness and Education Act of 2014 H.R.3532/ S.1546: Protecting Student Athletes from Concussions Act of 2013 H.R.2118/ S.1014: Youth Concussion Act of 2013 H.R.3113/ S.1516: ConTACT Act of 2013
3) Agencies/ Organizations a. NAT’L CTR. FOR INJURY PREVENTION AND CONTROL, CTR. FOR DISEASE CONTROL, GET A HEADS UP ON CONCUSSION IN SPORTS POLICIES (2013) b. NAT’L CTR. FOR INJURY PREVENTION AND CONTROL, CTR. FOR DISEASE CONTROL, IMPLEMENTING RETURN TO PLAY (2013) c. Must read for young athletes (poster) d. NAT’L INSTS. OF HEALTH, A BANG TO THE BRAIN (2013) e. INST. OF MED. AND NAT’L RESEARCH COUNCIL OF THE NAT’L ACADS., SPORTS- RELATED CONCUSSIONS IN YOUTH (2013)
IV. General Research 1. Jean Langlois, The Epidemiology and Impact of Traumatic Brain Injury: A Brief Overview, 21 J. HEAD TRAUMA REHABILITATION 375 (2006) 2. Marie-France Wilson, Young Athletes at Risk: Preventing and Managing Consequences of Sports Concussions in Young Athletes and the Related Legal Issues, 21 MARQ. SPORTS L. REV. 241 (2010) 3. Sergio R. Russo Buzzini & Kevin M. Guskiewicz, Sport-Related Concussion in the Young Athlete, 18 CURRENT OPINION PEDIATRICS 376 (2006) 4. Ctrs. for Disease Control and Prevention, Nonfatal Traumatic Brain Injuries Related to Sports and Recreation Activities Among Persons Aged ≤ 19 years – United States, 2001-2009, 60 Morbidity & Mortality Wkly. Rep. 1337 (2011) 5. R. Dawn Comstock, et al., National High School Sports-Related Injury Surveillance Study, 2011-2012 School Year, HS RIO (2012) 6. Ray W. Daniel, Steven Rowson & Stefan M. Duma, Head Impact Exposure in Youth Football, 40 ANNALS OF BIOMEDICAL ENGINEERING 976 (2012)
12 7. Barry P. Boden, et al., Catastrophic Head Injuries in High School and College Football Players, 35 Am. J. Sports Med. 1075 (2007) 8. Frederick O. Mueller & Bob Colgate, Annual Survey of Football Injury Research, 1931- 2011, THE AMERICAN FOOTBALL COACHES ASSOCIATION (February 2012) 9. Council on Sports Med. and Fitness, Cheerleading Injuries: Epidemiology and Recommendations for Prevention, 130 PEDIATRICS 966 (2012) 10. Frederick O. Mueller & Bob Colgate, Catastrophic Sports Injury Research: Twenty-Ninth Annual Report, Fall 1982-Spring 2011, THE NATIONAL CENTER FOR CATASTROPHIC SPORT INJURY RESEARCH (2011) 11. Ann C. McKee, et al., The spectrum of disease in chronic traumatic encephalopathy, BRAIN: J. NEUROLOGY, Dec. 2, 2012 12. Steven P. Broglio, James T. Eckner, & Jeffrey S Kutcher, Field-based measures of head impacts in high school football athletes, 24 CURRENT OPINION PEDIATRICS 702 (2012) 13. Bryan R. Cobb, et al., Head Impact Exposure in Youth Football: Elementary School Ages 9– 12 Years and the Effect of Practice Structure, 41 ANNALS OF BIOMEDICAL ENGINEERING 2463 (2013) 14. Jillian Urban, Cumulative Exposure Risk of Concussion for Youth and High School Football Head Impacts, 2013 OHIO ST. U. INJURY BIOMECHANICS SYMP 15. Dilip R. Patel, Vandana Shivdasani, & Robert J. Baker, Management of Sport-Related Concussion in Young Athletes, 35 SPORTS MED. 671 (2005) 16. J.E. Urban, et al, Head Impact Exposure in Youth Football: High School Ages 14 to 18 Years and Cumulative Impact Analysis, 41 ANNALS OF BIOMEDICAL ENGINEERING 2474 (2013) 17. Mark R. Lovell, et al., Recovery From Mild Concussion in High School Athletes, 98 J. NEUROSURGERY 295 (2003) 18. Michael P. McClincy, et al., Recovery from sports concussion in high school and collegiate athletes, 20 BRAIN INJURY 33 (2006) 19. Lee M. Miringoff, et al., Youth Football Takes a Hard Hit, HBO REAL SPORTS/MARIST POLL (Oct. 23, 2013) 20. Michael McCrea, et al., Unreported Concussion in High School Football Players: Implications for Prevention, 14 CLINICAL J. SPORT MED. 13 (2004) 21. Rosemarie Moser, et al., Prolonged Effects of Concussion in High School Athletes, 57 NEUROSURGERY 300 (2005) 22. Valovich McLeod, et al., Sport-Related Concussion Misunderstandings Among Youth Coaches, 17 CLINICAL J. SPORT MED. 140 (2007) 23. William P. Meehan, et al., High School Concussions in the 2008-2009 Academic Year, 38 AM. J. SPORTS MED. 2405 (2010) 24. Kelly Sarmiento, et al., Evaluation of the Centers for Disease Control and Prevention's Concussion Initiative for High School Coaches: “Heads Up: Concussion in High School Sports,” 80 J. SCH. HEALTH 112 (2010) 25. Anthony Marchie & Michael D. Cusimano, Bodychecking and concussions in ice hockey: Should our youth pay the price? 169 CAN. MED. ASS’N J. 124 (2003) 26. Mickey Collins, et al., Examining Concussion Rates and Return to Play in High School Football Players Wearing Newer Helmet Technology: A Three-Year Prospective Cohort Study, 58 NEUROSURGERY 275 (2006) 27. Tamara C. Valovich McLeod, et al., Psychometric and Measurement Properties of Concussion Assessment Tools in Youth Sports, 41 J. ATHLETIC TRAINING 399 (2006)
13 28. Lesley Lueke, High School Athletes and Concussions: More than a Game at Stake, 32 J. LEGAL MED. 483 (2011). 29. Ross Zafonte, Diagnosis and Management of Sports-Related Concussion: A 15-Year-Old Athlete With a Concussion, 306 J. AM. MED. ASS’N 79 (2011) 30. Rosemarie Scolaro Moser & Phillip Schatz, Enduring effects of concussion in youth athletes, 17 ARCHIVES OF CLINICAL NEUROPSYCHOLOGY 91 (2002). 31. Catherine K. McKeever & Phillip Schatz, Current Issues in the Identification, Assessment, and Management of Concussions in Sports-Related Injuries, 10 APPLIED NEUROPSYCHOLOGY 4 (2003). 32. Phillip Schatz & Eric A. Zillmer, Computer-Based Assessment of Sports-Related Concussion, 10 APPLIED NEUROPSYCHOLOGY 42 (2003). 33. Mallika Marar, et al., Epidemiology of Concussions Among United States High School Athletes in 20 Sports, 40 AM. J. SPORTS MED. 747 (2012). 34. Brian C. Lau, et al., Which On-field Signs/Symptoms Predict Protracted Recovery From Sport-Related Concussion Among High School Football Players? 39 AM. J. SPORTS MED. 2311 (2011). 35. Leah J. Frommer, Kelly K. Gurka, & Susan A. Saliba, Sex Differences in Concussion Symptoms of High School Athletes, 46 J. ATHLETIC TRAINING 76 (2011). 36. Mark E. Halstead & Kevin D. Walter, Sport-Related Concussion in Children and Adolescents, 126 PEDIATRICS 597 (2010). 37. Christina L. Master & Matthew F. Grady, Concussion: Latest Diagnosis and Treatment Recommendations, 41 PEDIATRIC ANNALS 362 (2012). 38. Holly R. Hanson, Wendy J. Pomerantz & Mike Gittelman, ED Utilization Trends in Sports-Related Traumatic Brain Injury, 132 PEDIATRICS 859 (2013). 39. Christine Narad Mason, Mild Traumatic Brain Injury in Children, 39 PEDIATRIC NURSING 267 (2013). 40. Michelle Keightley, et al., An Investigation of the Effects of Sports-related Concussion in Youth Using Functional Magnetic Resonance Imaging and the Head Impact Telemetry System, 47 J. VISUALIZED EXPERIMENTS 2226 (2011). 41. Sara P. Chrisman, Celeste Quitiquit, & Frederick P. Rivara, Qualitative Study of Barriers to Concussive Symptom Reporting in High School Athletics, 52 J. of Adolescent Health 330 (2013). 42. Scott L. Zuckerman, et al., 145 Sport-Related Concussion and Age: Number of Days to Neurocognitive Baseline, 71 NEUROSURGERY 558 (2012).
V. NFHS Guidelines a. Suggested Guidelines for Management of Concussion in Sports (October 2013) b. Soft of Padded Headgear in Non-Helmeted Sports Position Statement (June 2013) c. A Parent’s Guide to Concussion (April 2013)
VI. Guidelines 1. AM. ACAD. OF NEUROLOGY, POSITION STATEMENT ON SPORTS CONCUSSION (Oct. 2010).
14 2. P. McCrory, et al., Consensus statement on concussion in sport – The 3rd international conference on concussion in sport, held in Zurich, November 2008, 21 J. CLINICAL NEUROSCIENCE 2 (2009). 3. Kimberly G. Harmon, et al., American Medical Society for Sports Medicine position statement: concussion in sport, 47 BRIT. J. SPORTS MED. (2013). 4. Paul McCrory, et al., Consensus statement on concussion in sport: the 4th International Conference on Concussion in Sport held in Zurich, 47 BRIT. J. SPORTS MED. (2013). 5. AM. ACAD. OF NEUROLOGY, SUMMARY OF EVIDENCE-BASED GUIDELINE UPDATE: EVALUATION AND MANAGEMENT OF CONCUSSION IN SPORTS (2013). 6. Steven P. Broglio, et al., National Athletic Trainers’ Association Position Statement: Management of Sport Concussion, 49 J. OF ATHLETIC TRAINING 2 (2014). 7. James F. Malec, et al., The Mayo Classification System for Traumatic Brain Injury Severity, 24 J. of Neurotrauma 9 (2007).
15 1:30 – 2:20 pm
Concussions: Football’s Silent Partner and Player Killer
Professor James Gray (L’90)
Associate Professor and Sport and Recreation Management Program, Marian University
A “Football Life,” no matter how abundant, always ends in death. Each football death, either of brain or body, is significant. During the past 109 years football head injuries ranging from fractured skulls to chronic traumatic encephalopathy (“CTE”) has been a constant reminder of the game’s perils. This presentation will evaluate legal risks, such as league, team and player negligence concerns, the application of football informed consent procedures and athlete medical malpractice issues, which all have been associated with college and professional football competition for decades. Further, throughout football’s history players were considered warriors. Overcoming injury, and its associated pain, was considered a “badge of honor” significantly ingrained in football, as well as America’s cultural ethos. As a result, tort based health and safety guidelines were either non-existent or wholly ignored by football leaders. Given football’s historical and violent reality, this presentation will review President Theodore Roosevelt’s demand for college football reform to prevent player fatalities and debilitating athlete injuries. This proposed legislative action was known as the “1905 Movement to Reform Football.” In essence, if college football refused to mend its brutal ways, Roosevelt, in conjunction with Congress, were prepared to pass laws to ban football from American life. Similarly, approximately 100 years later college and professional football confronts its silent partner and player killer known as “concussion.” The following arbitration decisions and case law will be reviewed relative to football’s ongoing concussion issues: Books 1. The Big Scrum: How Teddy Roosevelt Saved Football by John J. Miller. 2011. 258 pages. This book described how President Theodore Roosevelt guided and improved college football in order to protect player health and safety. 2. The Concussion Crisis: Anatomy of a Silent Epidemic by Linda Carroll. Read by David Rosner and Pam Ward. 2011. 12 hours and 29 minutes. This audiobook evaluated for listeners the hidden concussion epidemic, from the athletes and others whose lives have been disrupted by concussions to the scientists and doctors seeking to understand it. 3. In a Different Voice by Carol Gilligan. 1982. 1993. 216 pages. This book evaluated the challenges of women and girls in creating their identity and, ultimately, enjoying independent decision making. 4. The Power of Myth by Joseph Campbell with Bill Moyers. 1988. 293 pages. This book considered the “Hero” journey where one is transformed from being a boy and becomes a man. 5. Technolopy: The Surrender of Culture to Technology by Neil Postman. 1993. 240 pages. This book described how the rise of technology has influenced American society along with the ethical consequences associated with it.
16 6. The Disappearance of Childhood by Neil Postman. Read by John Riggenbach. 1982. 2007. 5 hours and 57 minutes. This audiobook evaluated the costs to American society when encouraging children to act as adults while inadequately prepared.
Sport Based Concussion Documents 7. National Football League Collective Bargaining Agreement. August 4, 2011. 316 pages. This is the most recent edition of the labor contract between management and labor within the National Football League. Articles 58, 62, 65 and 66 addressed player concussions. 8. 2013-14 National Collegiate Athletic Association Sports Medicine Handbook. Twenty fourth edition. 2014. Compiled by David Klossner, Director of the NCAA Sports Science Institute. 140 pages. NCAA Guideline 21 addressed sports related concussions.
Concussion Video Documentary 9. League of Denial: The NFL’s Concussion Crisis. Public Broadcasting System Frontline Documentary. 114 minutes. 2013. This documentary evaluated the short and long term concussion harm suffered by National Football League players.
Legal Documents 10. In The Matter of New Orleans Saints Pay For Performance/”Bounty,” Paul Tagliabue, Arbitrator, December 11, 2012. This arbitration decision evaluated the culture of brutality as found in the National Football League. 11. In Re: National Football League Players’ Concussion Litigation MDL. No. 2323 (E.D. Pa. 2014). These are the court documents connected with the injured National Football League player class action lawsuit 12. In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation MDL No. 2492 (N.D. Ill. 2014). These are the court documents connected with the injured National Collegiate Athletic Association player class action lawsuit.
17 2:25 – 2:50 pm
SPORTS CONCUSSIONS: What you don’t know can hurt you!
Roy Kessel
Founder, Sports Brain, LLC, former Chair Chicago Bar Association Sports Law Committee; former Adjunct Professor Northwestern University Masters in Sports Administration Program
1. Overview 2. 5 Components of Concussion Battle a. Education & Awareness b. Baseline Testing c. Equipment and Sensors d. Treatment and Recovery e. Research 3. Risk Management a. Types of liability exposure i. Failure to implement Concussion Policies ii. Failure to comply with Concussion Policies iii. Lack of Athletic Trainers iv. Lack of training for coaches v. Equipment 1. Sensors 2. Example of goalpost ownership b. Obligations i. To whom? 1. Kids 2. Parents 4. Recent cases a. NFL Lawsuits b. NHL Lawsuits c. High School Lawsuits d. Other lawsuits e. Threshholds of liability for long term damage?
18
3 – 3:25 pm
Public Relations and the Law in Sports
Attorney Jason Wied (L’98)
Lin.Liebmann.Wied LLC, Green Bay (Vice President/General Counsel, Green Bay Packers, 2000-2012), and member, NSLI Board of Advisors
Outline:
1. History of public relations in sports.
2. Legal impact of shift in public scrutiny in modern sports.
3. Case studies (PR battle vs. legal battle).
4. Ethical and strategic considerations for in-house counsel.
Resources
1) Anne M. Wall, Sports Marketing and the Law: Protecting Proprietary Interests in Sports Entertainment Events, 7 Marq. Sports L. J. 77 (1996)
2) Anastasios Kaburakis and Galen, Clavio, Legal and Ethical Dimensions of Sport Public Relations (February 3, 2012). SPORT PUBLIC RELATIONS, pp. 299-316, C. Stoldt, S. Dittmore, and S. Branvold, eds., Human Kinetics, 2012.
3) Joanna Hatt, Ethical & Legal Practices of Public Relations, Small Business Chronical
19
3:30 – 3:55 pm
Current Issues in Sport and Entertainment Facility Naming Rights
W.S. Miller (L’96)
Associate Professor, Health, Exercise Science & Sport Management Department, University of Wisconsin-Parkside, and member, NSLI Board of Advisors
I. Introduction a. Overview & Goals b. Discussion of Key Terminology i. Defining Naming Rights ii. Identifying/Defining Other Opportunities
II. Historical Overview/Perspective a. Brief History/Background of Facility Naming Rights Usage b. Litigation Review: Forty Years of Facility Naming Rights Case Law i. Discussion of Major Cases ii. Common Themes/Issues iii. Conclusions
III. Key Current Negotiation & Drafting Issues a. Current Industry Overview Data i. Sports ii. Entertainment b. Discussion of Current Industry Issues i. Identifying Issues & Trends ii. Identifying Negotiation Strategies iii. Identifying Drafting Strategies
IV. Future Negotiation & Drafting Issues a. Team Naming Rights b. Uniform Signage c. Other Issues
V. Conclusion
20 VI. RESOURCES
POWERPOINT PRESENTATION ON SEMINAR MATERIALS WEBSITE W.S. Miller, The Current State Of Sports Facility Naming Rights, SPORTS FACILITY REPORTS, Aug. 2011 Iain Taker, Stadia Naming Rights - Legal And Commercial Issues, LAWINSPORTS, Dec. 7, 2011 Gene Allen, Drafting a Naming Rights Agreement for a Conceptual Collegiate Football Stadium, 86 N. D. L. Rev. 789 (2010) Naming Rights Deals, SPORTSBUSINESSDAILY
21
4 – 4:25 pm
Restrictive Covenants in College Coaches' Contracts
Professor Marty Greenberg (L’71)
managing member, Law Office of Martin J. Greenberg, LLC, Milwaukee; Adjunct Professor of Law, Marquette University Law School; and member, NSLI Board of Advisors
Table of Contents
POWERPOINT PRESENTATION ON SEMINAR MATERIALS WEBSITE Greenberg's Coaching Corner Environment of College Coaching USA Today's November 2013 Football Coaches Database Financial Engineering - CEO in Headphones Protectable University Interests Means to Restrict Movement in College Coaching Contracts Surveys and Conclusions Restrictive Covenants - Top Paid NCAA Football Coaches (USA Today's November 2013 Football Coaches Database) Bret Bielema: Consent to Interview - Best Practices "Behind the Bielema Jump", JS Online, Editorial by MJG "Peter Callaghan: College football has it's own version of contracts law", The News Tribune, December 5, 2013 Bielema - A New Contract Direction Commentary on Bielema Contract Legal Enforceability of Restrictive Covenants Beating Restrictive Covenants Liquidated Damages for a Breaching Coach are Enforceable Examples of Amounts of Liquidated Damages in Coaches' Contracts for Early Termination Gary Anderson Contract - University of Wisconsin
22
4:30 - 4:55 PM
Marquette Law School and Baseball Labor Relations in the 1930's
Professor Gordon Hylton
Professor of Law, Marquette University Law School, Milwaukee, WI and member, NSLI Board of Advisors
Histories of baseball labor relations usually omit the 1920’s and 1930’s, even though they were critical decades for American labor generally. In the early days of Organized Baseball, efforts to increase the power of players led to the organization of the Baseball Brotherhood (1885), the Players' Protective Association (1900), and the Fraternity of Professional Baseball Players of America (1912). Then there is a large gap before the story picks up again with the American Baseball Guild of 1946, and the Major League Baseball Players Association which was founded in 1953 and which issued in the modern era of labor relations in professional sports.
However, contrary to popular belief, the 1920’s and 30’s were not a complete waste land for labor history, thanks to the contributions of two men from Marquette Law School. One was a lawyer and superb amateur baseball player; the other was a law professor who was one of the pre-eminent legal scholars of that era.
Marquette lawyer Raymond Joseph Cannon was a controversial Wisconsin political figure who was also the lawyer who defended the Chicago Black Sox in court in the early 1920’s, and he was the organizer of the National Baseball Players Association of the United States, a union that briefly flourished and more importantly kept the tradition of player organizing alive with the onset of the Great Depression.
Carl Zollman, in contrast, was a long time Marquette Law School professor who is remembered as the founder of the field of aviation law, as the foremost authority on the law of charitable and religious institutions in the United States in his era, and a great fan of professional baseball and a student of its history. Although Zollman was not enthusiastic about the idea of sports unions, he laid the foundation for the scholarly study of sports labor law with the publication of his 1940 Marquette Law School article, “Baseball Peonage.” He also published an article on tort issues in sport and appears at the time of his death in the early 1940’s to have been at work on what would have been the first legal treatise on sports law.
Carl Zollmann, Baseball Peonage, 24 Marq. L. Rev. 139 (1940).
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