University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship 2016 Putting Public Law into “Private” Sport Dionne L. Koller University of Baltimore,
[email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Dionne L. Koller, Putting Public Law into “Private” Sport, (2016). Available at: http://scholarworks.law.ubalt.edu/all_fac/866 This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. Putting Public Law into “Private” Sport Dionne L. Koller* Abstract Across all levels of sport—professional, Olympic, intercollegiate, interscholastic, and youth recreational—the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as they see fit, especially with regard to athlete regulation. With this environment in mind, this Article examines what I define as the “legal and policy response to concussions in sports,” which includes state statutes, proposed federal legislation, “bully pulpit” initiatives such as a White House summit and Congressional hearings, and substantial tort litigation.