Sports Justice: The Law and the Business of Sports

Preface & Acknowledgments

preface & acknowledgments This is a book about rules: the rules of the game, which ensure a level playing field within sports, and the rules of law which apply to the business of sports. It is a book about the authoritative institutions that apply those rules: the courts, labor arbitrators, agencies, and private associations. It is also a book about the men and women who were involved in ten of the most important legal controversies in sports. For over a decade, I have focused my research on one sports business, our national game of baseball. The law, economics, and social history of baseball teach us much about ourselves and our social norms, where we have come from and where we are now. Although baseball is discussed in the concluding chapter, this book includes a broader spectrum of sporting activities—from golf and gymnastics to football and basketball. They provide the context for our analysis of how legal rules apply to the business of sports. As philosopher Michael Novak has written: “Sports are at the heart of the matter.” First, we focus on defining our subject matter: what are the essential characteristics of sports and how do we distinguish this human activity from other contests and entertainments that consume the public’s attention ? What exactly is sports justice as opposed to injustice? At the same time, we try to answer a more basic question: why do we care so much about sports? Along the way, we will meet some really interesting and talented athletes : Jeremy Bloom, the world champion mogul skier who was barred by the ncaa from playing amateur football for the University of Colorado because he had modeled clothes for Tommy Hilfiger; John Mackey, the greatest tight end in the history of the National Football League, who became the president of the Players Association and sought freedom for professional football players in court; and Terrell Owens, the spectacular wide receiver who has not played well with others. There is also one non-athlete: viii • • • Preface & Acknowledgments Al Davis, the renegade owner of the Oakland–Los Angeles–Oakland Raiders , who—in an effort to gain the respect he felt that others had denied him—used antitrust laws to defeat the National Football League cartel. All of the cases on which we focus involve someone who was powerless in the face of the institutions of sport. Some sought access to play—such as Casey Martin, Renee Richards, Jeremy Bloom, and the young gymnasts from Brown University—but needed judicial intervention to achieve justice (not always successfully). Al Davis and John Mackey used the courts to compel the powers of the National Football League to accede to their demands . Club owners, in turn, used the private tribunal of labor arbitration to declare and acknowledge their rights against Brian Shaw in basketball and Terrell Owens in football. Others would have preferred keeping their matters private, but were forced to deal with the public authorities, like hockey players Ted Green and Wayne Maki after their stick-swinging bout on the ice. The interplay of sports, business, law, and legal institutions makes for some compelling narratives. Renee Richards’ internal battle with her sexual identity, Casey Martin’s race against his progressively degenerating right leg, John Mackey’s victories and defeats on the gridiron, at the negotiating table, in federal court, and then eventually with the physical impact of his football career on his body and his mind—all are part of the stories of sports justice. There are many people to thank for their help and assistance in completing this project. My wife Fran read the chapters and pointed out my numerous errors. She claims that this text is the best of my five books. If it is so, it is because of her work. Associate Dean Marie Melito of Rutgers Law School once again proofed the finished manuscript. She is a marvel and a dear friend. My research fellows, Sofia Lingos and Lindsey Owen, provided valued editing and indexing assistance. My colleagues in sports law read many of the chapters and offered valuable advice. Every book is a team project , and I was fortunate to have a stellar squad helping me. sports justice ...