Journal of Legal Aspects of Sport <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> en-US (Thomas Baker, III, J.D., Ph.D) (Ted Polley) Wed, 21 Aug 2019 13:46:45 -0400 OJS 60 Getting to the Heart of It All: An Analysis of Due Process in Interscholastic Athletics <p>Based on authority of the Fourteenth Amendment to the Constitution, a person is entitled to procedural due process protections by the state prior to the deprivation of any life, liberty, or property interest to ensure a just outcome. While many people assert interscholastic athletics are an important part of a student’s overall education, courts have been reluctant to accept this argument. The purpose of this article is to examine how past legal precedent applies to the current structure and purpose of interscholastic sport. To achieve this, a single state athletic association (i.e., the Ohio High School Athletic Association) was examined as well as the state’s accompanying school districts. Mission statements, structure, and modes of operation were examined in-depth through surveying high schools and performing content analysis of state bylaws. Results revealed the use of pay-to-play, affording student-athletes academic credit for participation, and current mission statements and bylaws may be increasing the liability of school districts.</p> W. Andrew Czekanski, Amanda Siegrist, Thomas Aicher Copyright (c) 2019 Amanda Siegrist, W. Andrew Czekanski, Thomas Aicher Wed, 21 Aug 2019 10:46:45 -0400 Save the Gold Watch Receipt: An Analysis of the Gift Tax on Athlete Retirement Gifts <p>The retirement of professional athletes is an emotional and complex decision for competitors who dedicate their lives to a particular sport. It is common for professional teams, leagues, and other athletes to celebrate the careers of stellar professional athletes with charitable gestures and gifts. However, these gifts can create a financial burden when one is required to pay the gift tax on the item’s value. The purpose of this study is to detail the rules, history, and application of Internal Revenue Code (IRC) Section (§) 102, which could tax athletes who give and receive gifts. Athletes should be cautious when giving gifts, as amounts exceeding the annual and lifetime exclusion limits can trigger the gift tax, causing future complications for decedents with the estate tax. Teams should also explicitly state their lack of a detached and disinterested generosity when honoring an athlete, as the gifts provided are considered taxable compensation.</p> Dylan P. Williams, Patrick Tutka Copyright (c) 2019 Dylan P. Williams, Patrick Tutka Wed, 21 Aug 2019 10:50:18 -0400 Redesigning U.S. Intercollegiate Athletics to Better Conform with UNESCO’s Best Practices in Student Affairs <p>This paper calls for the massive redesign of intercollegiate athletics departments in the United States (U.S.) in light of their widespread and fundamental failure to serve a bona fide student affairs mission, and their prevalent practice of placing the college’s commercial motives above the financial and educational needs of studentathletes. The first section of this paper discusses the general purpose and functions of student affairs departments within the broader context of higher education. The next two sections of this paper then explore the shortcomings of U.S. intercollegiate athletics departments to conform to these general purposes and functions. Finally, this paper proposes a bifurcated solution to reform U.S. intercollegiate athletics, which enables a small number of U.S. colleges to shift toward a true commercial sports business model, with the overwhelming majority of U.S. colleges, by contrast, adopting a true, non-commercial sports model.</p> Marc Edelman Copyright (c) 2019 Marc Edelman Wed, 21 Aug 2019 10:52:08 -0400 Students First: The Need for Adoption of Education and Incentive-Based Sport Agent Policies by NCAA Division I FBS Member Institutions <p>The Federal Bureau of Investigation (“FBI”) and U.S. Attorney’s Office’s investigation into National Collegiate Athletic Association (“NCAA”) Division I men’s basketball revealed allegations of NCAA Division I men’s basketball coaches accepting money from sport agents to persuade NCAA Division I men’s basketball players to become clients of said sport agents. This investigation highlights the pervasiveness of violations of preexisting laws governing sport agents, namely, the Uniform Athlete Agents Act (the “UAAA”) and Sport Agent Responsibility and Trust Act (“SPARTA”). Despite the believed routine violation of the UAAA and SPARTA in the recruitment of NCAA student-athletes as clients by sport agents, the laws are rarely used to prosecute sport agents. Thus, the investigation into NCAA Division I men’s basketball highlights the need for new mechanisms to safeguard the rights and interests of NCAA student-athletes related to sport agents. This paper analyzes the efficacy of existing legal and NCAA mechanisms regulating sport agents and presents a thematic analysis of NCAA Division I Football Bowl Subdivision (“FBS”) member institutions’ sport agent policies to highlight the need for and present a model NCAA Division I FBS member institution sport agent policy and education model.</p> Alicia Jessop Copyright (c) 2019 Alicia Jessop Wed, 21 Aug 2019 10:53:34 -0400 Peterson, Brady, and Elliot: Analyzing “the Trilogy” in Light of the NFL Commissioner’s Discipline Authority <p>This research paper analyzes how the cases of NFL players Adrian Peterson, Tom Brady, and Ezekiel Elliot have affected the role of the commissioner of the National Football League (NFL) and the commissioner’s disciplinary authority in the NFL. Although the commissioner is considered a powerful figure, and historically courts have deferred to the commissioner concerning matters of league discipline, this deference is not limitless. The Peterson, Brady, and Elliot cases each helped shape how the role of the commissioner and the commissioner’s disciplinary authority in the NFL is being amplified in light of the language used in the current collective bargaining agreement (CBA) negotiated by the the NFL and the NFL Players Association (NFLPA) in 2011, legal precedent that limits a court’s ability to review an arbitrator’s decision, the law of the shop, and the CBA’s missing due process protections traditionally found in the court room. The findings and implications learned from "the Trilogy" show that players were unable to secure by lawsuit what they failed to achieve through collective bargaining. Although "the Trilogy" illustrates the commissioner’s vast authority, the next round of collective bargaining negotiations are an opportunity for the both the League and the NFLPA to cooperatively revise the player discipline process to curb a consistent stream of high-profile and public challenges of commissioner discipline, possibly encouraging the sides to move away from an adversarial relationship toward a more of a partnership.</p> Jeffrey F. Levine, Ian P. Gunn, Anita M. Moorman Copyright (c) 2019 Jeffrey F. Levine, Ian P. Gunn, Anita M. Moorman Wed, 21 Aug 2019 10:55:59 -0400