SANTA CLARA UNIVERSITY SPORTS LAW SYMPOSIUM SELECTED PROCEEDINGS 2014 Thank You To All of Our Sponsors Gold Sponsors: Silver Sponsors: Law Seminars International Hagens Berman Sobol Shapiro, LLP ISLE Sports Law Symposium Selected Proceedings 2014 FIFTH ANNUAL SPORTS LAW SYMPOSIUM AGENDA: INTEGRITY IN SPORTS 8:00-9:00 a.m. Registration and Breakfast 9:00-9:15 a.m. Welcome Ron Katz, Chairman of the Institute of Sports Law and Ethics (ISLE); Lisa Kloppenberg, Dean of Santa Clara School of Law. 9:15-10:00 a.m. Keynote Address Paraag Marathe, President, San Francisco 49ers. 10:00-11:00 a.m. Trending Topics Moderator: Hannah Gordon, Director of Legal Affairs, San Francisco 49ers. Panelists: Rich Brand, Chair Sports Practice Group, Arent Fox; Patrick Dunkley, Senior University Counsel; Deputy Director of Athletics, HR, and Legal Affairs, Stanford University; William Gould IV, Professor Emeritus, Stanford Law School and former NLRB Chairman; Ryan Nece, Former NFL player, entrepreneur, football analyst and philanthropist. 11:00-11:20 a.m. Break 11:20 a.m.-12:45 p.m. Bullying and a Culture of Performance Moderator: Jim Thompson, CEO & Founder, Positive Coaching Alliance. Panelists: Brandi Chastain, Retired US World Champion Soccer Team player; Dr. Gary Namie, Founder, Workplace Bullying Institute; Dr. William Pollock, Founder, National Violence Prevention & Study Center; Professor, Harvard Medical School. 2 ISLE Sports Law Symposium Selected Proceedings 2014 12:45-2:00 p.m. Special Lunchtime Presentation Travis Tygart, President, CEO, United States Anti-Doping Agency (USADA). Introduced by: Dan Coonan, Santa Clara University Athletic Director. Interviewed by: Kirk Hanson, Executive Director of the Markkula Center for Applied Ethics at Santa Clara University. 2:00-3:25 p.m. The Brave New World of College Athletics Moderator: Tom Farrey, Director, Aspen Institute Sports & Society; ESPN Correspondent. Panelists: Marisa Brutoco, Corporate Counsel, Google/You Tube; Ilan Ben-Hanan, VP Programming and Acquisitions, ESPN; Missy Conboy, Sr. Deputy Athletic Director, University of Notre Dame; Bernard Muir, Stanford University Athletic Director; Jamie Zaninovich, Deputy Commissioner and COO, Pac-12 Conference. 3:25-3:45 p.m. Break 3:45-4:45 p.m. Match-Fixing – The New Danger to U.S. Sports Dr. Declan Hill, Investigative journalist, author, academic; Moderated by: Patricia Ernstrom, Executive Director, San Jose Sports Authority. 4:45-5:20 p.m. A Big Picture View of Ethics in Sport, interactive session Jack Bowen, Philosopher, ethicist, author, coach. 5:20-5:30 p.m. Closing Issac Vaughn, Deputy Chairman of ISLE. 5:30-6:30 p.m. Cocktail reception 3 ISLE Sports Law Symposium Selected Proceedings 2014 BOARD OF EDITORS Editor-In-Chief Xhavin Sinha Business Managing Editor Editors Adam J. Gabe Ballard Brutocao Jessica Danielski Content Production Editors Editors Zain Hussain Lorrie Ma Joseph Trevor Johnson McCormack Melvin Marcia Sophia Vogt 4 ISLE Sports Law Symposium Selected Proceedings 2014 FROM THE EDITOR ON BEHALF OF the Board of Editors it is my pleasure to welcome you to this Fifth Annual Santa Clara Sports Law Symposium brought to you by the Institute of Sports Law and Ethics. Each year the Symposium has focused on various topics involving sports and ethical issues. This year, the Symposium will focus on integrity in sports touching on current topics such as bullying, college athletics and match-fixing. We are proud to present to you this fourth edition of the Selected Proceedings of the Santa Clara Sports Law Symposium. It is our intention that these Proceedings help enhance the Symposium experience by expanding on the topics discussed by this year’s speakers. For those unable to attend, we hope these Proceedings provide insight into the discussions that took place during the Symposium. We would like to thank the authors and previous publishers for their generosity in sharing these articles with our attendees and those interested in our publication. It is because of their contribution and commitment to sports ethics that we are able to provide a Proceedings with such great articles. We would also like to recognize our team of editors who have performed admirable work in complying this publication. This publication would not exist but for the support of the Institute of Sports Law and Ethics Board Chair, Professor Ron Katz. We have appreciated his thoughtful advice throughout the compilation and editing of the Selected Proceedings. While we could expound pages on how Professor Katz has tirelessly and selflessly contributed to our work and to SCU Law in general, I will simply say that we could not have asked for a better mentor with whom to work. Finally, we thank you for attending this year’s Symposium at Santa Clara. Please enjoy today’s informative sessions, which are supplemented by the content in these Selected Proceedings. Respectfully, Xhavin Sinha 5 ISLE Sports Law Symposium Selected Proceedings 2014 TABLE OF CONTENTS Symposium Agenda ..................................................................................................... 2 Board of Editors ........................................................................................................... 4 From the Editor ............................................................................................................ 5 Speakers’ Biographies.................................................................................................. 7 Bargaining, Race, and Globalization: How Baseball and Other Sports Mirror Collective Bargaining, Law, and life ........... 20 By: William B. Gould IV Sports and the Culture of Performance for Young Males & Men: The “Good”, “The Bad” and “The Need to Transform” the “Bully Culture” ............. 60 By: Dr. William S. Pollack Positive Initiation As Team Building .......................................................................... 78 By: Jim Thompson Excerpts from Elevating Your Game: Becoming a Triple Threat Competitor ........... 82 By: Jim Thompson Abuse in the NFL? The Illustrative Jonathan Martin Case ......................................... 88 By: Dr. Gary Namie 2014 WBI U.S. Workplace Bullying Survey .............................................................. 97 By: Dr. Gary Namie / Workplace Bullying Institute Game Changer ............................................................................................................ 98 By: Tom Farrey and Steve Fainaru Global Match-Fixing and the United States’ Role in Upholding Sporting Integrity . 109 By: Kevin Carpenter The Biggest Problem in World Sports Today ............................................................ 125 By: Dr. Declan Hill Time For Change: US Sports Betting Regulation ...................................................... 132 By: Kevin Carpenter 6 ISLE Sports Law Symposium Selected Proceedings 2014 SPORTS LAW SYMPOSIUM SPEAKER BIOGRAPHIES JACK BOWEN Philosopher, ethicist, author, coach Jack graduated from Stanford with honors in Human Biology and went on to earn a Master’s degree in philosophy with an emphasis in sport ethics graduating summa cum laude from California State University, Long Beach. He has published three books, his most recent being “If You Can Read This: The Philosophy of Bumper Stickers” (Random House, 2010) as well as a philosophical novel, “The Dream Weaver” (Penguin, 2008) and a college-level philosophy textbook. While at Stanford, Jack was a 2-time All-American and NCAA MVP water polo player and was the alternate goalie on the 2006 Olympic Team. He has coached water polo at Menlo School for the past 13 years, winning the league championship 12 years and the section championship 5 times. In 2011 he was named by the Positive Coaching Alliance as a National Award Winner and now serves as the chair of the National Coaches Council for PCA. He teaches philosophy at Menlo School and serves as their College Athletics Councilor. RICHARD L. BRAND Partner, Arent Fox, Washington D.C. Rich Brand, a partner in the Business Department and the chair of the firm’s Sports Practice Group, focuses on sports law, real estate and corporate transactions, e-commerce, hospitality and leisure, and partnership and corporate law. Rich is recognized as a leading sports attorney by Chambers USA and as a leading real estate attorney by Legal 500 and Best Lawyers. As noted by Chambers USA, “he is highly regarded for his expertise in representing both sellers and purchasers of sports teams” and “he brings tons of experience, and good business sense to the deal table.” Rich speaks extensively on many aspects of sports, real estate and hospitality law at major industry conferences. He is frequently featured on the Yes Network’s Forbes SportsMoney sports talk show and has been seen on CNN and other national video/television programs. Rich is also an adjunct professor at Georgetown University Law Center teaching “Drafting, Negotiating and Understanding Sports Law Transactions” and regularly guest lectures at prominent undergraduate and graduate Sports Administration programs. 7 ISLE Sports Law Symposium Selected Proceedings 2014 MARISA BRUTOCO Corporate Counsel, Google/You Tube Marisa is an attorney at YouTube/Google, who focuses on digital media deals and technology advising and transactions. She is YouTube’s lead attorney for sports and live streaming and negotiates deals with the professional sports leagues, college conference and other partners, such as Red Bull, UFC and the US Olympic Committee. Marisa also works on government, news, and entertainment partnerships