Journal of Legal Aspects of Sport 2020-02-21T15:49:43-05:00 Thomas Baker, III, J.D., Ph.D Open Journal Systems <p>The <em>Journal of Legal Aspects of Sport</em> (JLAS) aims to increase the understanding and advancement of legal issues as applied to all aspects of sport. This peer-reviewed jorunal publishes manuscripts from a variety of disciplines, covering legal aspects relating to sport, recreation, and related fields for the purpose of informing policy, advancing the body of knowledge, and influencing decision-making. As the flagship journal of the Sports &amp; Recreation Law Association since 1991, <em>JLAS</em> serves as an interdisciplinary outlet to meet the needs of researchers, practitioners, and policymakers.</p> FIFA, Forced Arbitration, and the U.S. Soccer Lawsuits 2020-02-21T15:49:23-05:00 Steven A. Bank <p>American soccer has been besieged by lawsuits. In the last two years alone, the United States Soccer Federation (“U.S. Soccer”) has been hit with two antitrust lawsuits, two Equal Pay Act and Title VII gender discrimination lawsuits, and a trademark lawsuit, while two of its professional league members are engaged in their own trademark lawsuit. One threshold question that has received scant attention in the media is whether these disputes should be in federal court at all. Under the Statutes and Regulations of the Fédération Internationale de Football Association (“FIFA”), soccer’s global governing organization, all disputes are required to be arbitrated. Taking a dispute to an ordinary court of law is potentially subject to sanction, which could include suspension or even expulsion. Given this forced arbitration rule, this article considers several possible explanations for why there has been no push to arbitrate the disputes in most of the lawsuits: (1) The enforceability of FIFA’s arbitration requirement has been called into question by recent rulings against forced arbitration clauses; (2) FIFA focuses the enforcement of its arbitration requirement on certain types of cases; (3) FIFA does not consider certain types of claims subject to arbitration; and (4) U.S. Soccer’s bylaws do not impose the arbitration requirement in such a way as it would apply to these types of cases. Although none of these entirely resolve the matter in a satisfactory way, in the aggregate they may help to define the emerging limits to arbitration for sports governing bodies in the U.S. and elsewhere.</p> 2020-01-31T00:00:00-05:00 Copyright (c) 2020 Steven A. Bank Rethinking Major League Baseball’s Antitrust Exemption 2020-02-21T15:49:03-05:00 Roger D. Blair Wenche Wang <p>For nearly a century, Major League Baseball (MLB) has enjoyed antitrust immunity. No other sports league or organization is similarly exempt. Shielded by precedent from antitrust prosecution, MLB clubs are free to exploit both monopolistic and monopsonistic power. In this paper, we call for a repeal of MLB’s antitrust exemption. In doing so, we examine some recent antitrust challenges to MLB conduct, the current interest of the Department of Justice and the Federal Trade Commission in labor market issues, the welfare consequences of the exemption, and a policy recommendation for legislative action.</p> 2020-01-31T00:00:00-05:00 Copyright (c) 2020 Roger D. Blair, Wenche Wang Preventing Sexual Violence on College Campuses: An Investigation of Current Practices of Conducting Background Checks on Student-Athletes 2020-02-21T15:49:43-05:00 Alicia Cintron Jeffrey Levine Kristy McCray <p>Instances of sexual violence against women on college campuses is a major concern for university administrators. One approach to reducing instances of sexual violence on college campuses has been conducting background checks with more focused attention on student-athletes, though this approach is not without risk. Therefore, the purpose of this study was to investigate current practices of conducting background checks on student-athletes, and to present risk management strategies to reducing sexual violence on campus. Through a systematic data collection approach that included Freedom of Information Act (FOIA) requests of NCAA Division I public institutions, we found the implementation of background checks for student-athletes is a widely accepted practice, where policies were mandated by the athletic conference, state administrative law, or within the university. Recommendations for addressing sexual violence on campus include comprehensive sexual violence prevention education for students and student-athletes, including bystander intervention training. Additionally, if schools opt to utilize background checks, policies and procedures must be created to ensure due process, consistency for admissions, and staff training.</p> 2020-01-31T00:00:00-05:00 Copyright (c) 2020 Alicia Cintron, Jeffrey F. Levine, Kristy L. McCray Big Data, Big Problems: Analysis of Professional Sports Leagues’ CBAs and Their Handling of Athlete Biometric Data 2020-02-21T15:48:42-05:00 Sarah M. Brown Natasha T. Brison <p>The use and integration of wearable technology (wearables) into professional sports is increasing rapidly. At a minimum, the NFL, NBA, MLB, NHL, and MLS have all integrated wearables into their training. Teams’ hope the biometric data obtained from the wearables will sharpen athletic performance, create competitive advantages, enhance fan experience, and generate new revenue streams. However, to obtain these desired outcomes leagues must adequately protect their athlete’s biometric data (ABD).&nbsp; The purpose of this paper is to examine and compare the CBAs of the NFL, NBA, MLB, NHL, and MLS management of wearables and ABD. Specifically, this paper will discuss the potential gaps in protection of ABD within the CBA and explore whether federal and state laws are applicable to protect the data. Findings from this analysis improve our understanding of professional sport leagues management of ABD and expose the limitations of protection at the league, state, and federal level.</p> 2020-01-31T00:00:00-05:00 Copyright (c) 2020 Sarah M. Brown, Natasha T. Brison