Geoffrey Christopher Rapp
University of Toledo - College of Law
Texas Review of Entertainment & Sports Law, Vol. 13, p. 102, 2012
University of Toledo Legal Studies Research Paper
Abstract:
This essay reviews Roger Abrams excellent book SPORTS JUSTICE: THE LAW AND BUSINESS OF SPORTS (2010), which describes and discusses, for a generalist audience, a number of leading cases involving professional and amateur athletics. The essay takes the opportunity to reconsider a question posed for the past two decades, "What is sports law?" Or, to put it another way, what is special about sports law, as opposed to any survey of various legal rules applicable to a particular industry?
The
answer, at various times, may be that: "sports law" involves a separate
body of legal doctrine; is evolving as institutions create new bodies
of sports jurisprudence or arbitration; or perhaps that sports law is
worthy of special attention because it is a teaching moment for the
public, which rarely pays attention to the nuances of, say, antitrust
law, except, perhaps, when a professional sports season is on the line.
I advance a different justification for the study of sports law: it provides a fantastic lens in which to study legal realism. Too often, judges in sports cases simply ignore established legal rules or bodies of law to reach results that appear driven by no more sophisticated principle than fan loyalty.
I advance a different justification for the study of sports law: it provides a fantastic lens in which to study legal realism. Too often, judges in sports cases simply ignore established legal rules or bodies of law to reach results that appear driven by no more sophisticated principle than fan loyalty.
Number of Pages in PDF File: 14
Keywords: sports law
Geoffrey Christopher Rapp (Contact Author)
University of Toledo - College of Law ( email )
2801 W. Bancroft Street
Toledo, OH 43606 United States |
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