15 U. Denv. Sports & Ent. L.J. (Fall 2013) Sports & Entertainment LAW JOURNAL Sturm College of Law Sports and Entertainment Law Journal Sturm College of Law University of Denver 2255 E. Evans Ave. Denver, Colorado 80208 University of Denver Sports and Entertainment Law Journal VOLUME XV - EDITORIAL BOARD - BEN ARCHER Editor-in-Chief BENJAMIN DAULTON RYAN KEELEY TheSenior Economic Articles Editor Impact of New StadiumsJARE Dand NAJJAR Arenas on JONATHAN SAADEH Cities NADIN SAID Managing Editors Technical Editor RYAN KEELEY Candidacy Editor Garrett Johnson Staff Editors SARAH BRICKER ASHLEY DENNIS AMANDA FRAHM LEONARD LARGE KYLE MCDANIEL AMELIA MESSEGEE JACLYN ROSANIA NADIN SAID ANSLEY SHEWMAKER JEN TORRES LINDSEY UHL Faculty Advisors STACEY BOWERS JOHN SOMA 1 University of Denver Sports and Entertainment Law Journal TABLE OF CONTENTS Over the last twenty years the sports industry has grown exponentially and EHFRPHDPDMRUVRXUFHRIUHYHQXH$OWHUQDWLYHO\SOD\HUV¶VDODULHVKDYH increased, television contracts have soared to unprecedented levels and dozens of ARTICLES new stadiums have been built. The advent of free agency has helped propel professionalMMA NEGOTI sportsATIO leaguesN ..........................................................................3 into multi-billion dollar industries.1 When contracts expire, players are free to go to whatever team offers them theG mostARRICK money. APOLLO LongN gone are the days of a player staying with one team his entire career, a la Cal Ripken Jr. or Larry Bird. In an attempt to stay ahead of the economic curve, team AMATEURISM INTERPLAY BETWEEN OLYMPIC EXCELLENCE AND NCAA ownersELIGIB ILITYare constantly .....................................................................................27 looking for new revenue streams that will increase their bottom line. This paper will examine one of these methods- new stadium TYLER DUMLER construction. Owners, and politicians alike, promise the citizenry that these new multi-million dollar facilities will have a huge economic impact on the city ARYLAND PORTS AW EHFDXVHRIWKHDGGHGH[SRVXUHRIEHLQJD³ELJOHDJXHFLW\´7KHM S L ..................................................................49\DVVXUHWKH population that new jobs will be created and the aggregate incomeA ofD AtheM cityEPSTEI willN substantially increase.2 But can these promises be fulfilled? Do these newly constructed stadiums and arenas really have a positive economic impact on the CIRCUMVENTING THE NBA’S SALARY CAP: cities?“THE S DoUMMER new stadiums OF DWIGHT really” help .............................................................73 revitalize and rejuvenate downtown areas like politicians and lawmakers claim? And most importantly,CHRISTOPHER how do C cities. KEN DALL actually attain the land where stadiums are built? LEGAL LIABILITY FOR SPORTS REFEREES IN TODAY’S LETIGIOUS WORLD - I F Y OU C AN ’ T K ILL T HE U MP, THEN SUE HIM ...................................83 1 David E. Cardwell, Sports Facilities & Urban Redevelopment, 10 MARQ. SPORTS L.J. 417 (2000). ARC OLIN OBERT ANG 2 Robert A. Baade & Allen R. Sanderson, The EmploymentM T .Effect W of Teams & Rand Sports DFacilities,. L in Sports, Jobs & Taxes: The Economic Impact of Sports Teams and Stadiums 92 (Roger G. Noll & Andrew Zimbalist eds., 1997). 2 University of Denver Sports and Entertainment Law Journal MMA NEGOTIATION Garrick Apollon* The Economic Impact of New Stadiums and Arenas on Cities Garrett Johnson *Practicing corporate lawyer of the Bar of Ontario, Canada (2004) and part-time Professor of Law at the University Of Ottawa’s Faculty of Law, French Common Law Section and Telfer School of Management undergraduate, MBA and EMBA Programs. Professor Apollon earned his J.D. from the University of Ottawa, 2003; L.L.B. (Civil Law) from l’Université Laval, 2000; LL.M. (Master of International Law) from l’Université Laval, 2002; and LLCM (Master of Comparative Law) from the University of Pennsylvania Law School, 2012. 3 University of Denver Sports and Entertainment Law Journal Over the last twenty years the sports industry has grown exponentially and I. Introduction: EHFRPHDPDMRUVRXUFHRIUHYHQXHThis article intends to develop a new$OWHUQDWLYHO\SOD\HUV¶VDOD school of negotiation and disputeULHVKDYH resolution1 named MMA Negotiation. The idea of MMA Negotiation originates from the fact that as a practicing corporateincreased, lawyer, television and professor contra ctsof negotiationhave soared and to disputeunprecedented resolution, levels the authorand dozens has observed of that the school of Negotiation Jujitsu taught in the celebrated book Getting to Yes2 and the Programnew stadiums on Negotiation have beenat Harvard built. Law The School advent3 do of not free adequately agency has prepare helped negotiators propel for “war” in the real world4. This article argues that the teaching of the school of “Negotiation Jujitsu” developedprofessional by Fishersports andleagues Ury, int whicho multi-billion encourages dollar negotiators industries. to 1focus When on contracts interest-based negotiation by using the strength of the other side to your advantage by deflecting it,5 while being a fundamental strategy is at the same time too narrow of an approach to the art of negotiation.expire, players6 There are is nofree single to go generic to whatever actor orteam situation offers in them negotiation. the most7 Therefore,money. Long like the gone are the days of a player staying with one team his entire career, a la Cal 1 Negotiation should also be regarded as a core dispute resolution mechanism integrated in the mediation, arbitration or litigation process. See Gary Bellow & Bea Moulton, The Lawyering Process 11 (Foundation Press, 1978) (definingRipken negotiation Jr. or Larry as a dispute Bird. resolution In an attempt mechanism to asstay follows: ahead negotiation of the economic is the process curve, of adjustment team of existing differences, with a view to the establishment of a mutually more desirable legal relation by means of barter and compromise of legal rights and duties and of economic, psychological, social and other interests. It is accomplishedowners are consensually constantly as contrast lookinged with for the new force reve of law).nue streams that will increase their 2 See ROGER FISHER,WILLIAM URY &BRUCE PATTON,GETTING TO YES (Peguin, 2d Ed. 1991) [hereinafter Fisher & Urybottom Getting line. to Yes] This (the paper central willideas examinof the booke one are: separateof these the methods- people from new the problem, stadium focus on interests and not positions, invent options for mutual gain, insist on using objective criteria, and understand your BATNA (Best Alternative To a Negotiated Agreement)). 3 Professorsconstruction. Roger Fisher, Owners, William and Ury, politicians & Bruce Patton al ike,are all promise from the Programthe citizenry on Negotiation that these (PON) new at Harvard Law School. The mission of PON is to improve the theory and practice of conflict resolution and negotiation by working on real world conflict intervention, theory building, education and training, and writing and disseminating newmulti-million ideas; see http://www.pon.harvard.edu/academic-programs-faculty dollar facilities will have a huge economic/ (last impact visited August on the 30, city 2013). PON has offered an example of negotiation jujutisu in the Program on Negotiation Daily Blog; see PON Staff, Become a (negotiation)EHFDXVHRIWKHDGGHGH[SRVXUHRIEHLQJD³ELJOHDJXHFLW\´7KH jujitsu master,HARVARD LAW PROGRAM ON NEGOTIATION DAILY\DVVXUHWKH BLOG (Oct. 22, 2009), http://www.pon.harvard.edu/daily/negotiation-skills-daily/become-a-negotiation-jujitsu-master/ (last visited Aug. 30, 2013). 4 Seepopulation Bruce Kahn, that Applying new The jobs Principle will beAnd created Strategies and Of Asian the aggregateMartial Arts Toincome The Art ofOf Negotiationthe city will, 58 ALB. L. REV. 223, 223-24 (1994) [hereinafter Kahn, Asian martial arts & the art of negotiation] (theorizing that the practice of law revolves around 2conflict and lawyers serve their clients by helping them resolve or avoid disputes. Therefore,substantially the emphasis increase. on the context But ofcan the theseconflict promises which makes be the fulfilled? study of Asian Do fighting these artsnewly so valuable for the lawyer involved in dispute resolution). 5 Fisher,constructed Ury & Patton, stadiums supra note and 2, arenasat 40-56 really(stipulating have that a one positive of the core economic principles ofimpact principled on negotiationthe is the necessity to avoid positional bargaining in negotiation to create more durable (win-win) agreements that satisfy both parties). It is important to nuance that Fisher & Ury do not deny the distributive nature of negotiation in many contexts.cities? Rather, Do newthey argue stadiums that their really principled help negotiarevitalizetion approach and rejuvenate is more effective downtown and will areasresult in better agreements even when claiming value. 6 Ran Kuttner, The Wave/Particle Tension in Negotiation, 16 HARV.NEGOT.L.REV. 331, 359-60 (2011) [hereinafter Kuttner,like politiciansWave/Particle andTension lawmakers In Negotiation claim?] (offering And the wave/particlemost importantly, duality in quantumhow do physics cities as a new way of apprehending and approaching negotiation. Also discussing that the term “Negotiation Jujitsu” making use of the easternactually martial attain arts as thea metaphor land whereneeds further stadiums pedagogy are to built? be developed in order to embrace what the martial arts