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) Tue, 26 Feb 2019 16:20:47 -0500 OJS 60 A New Game in Town: Disseminating Sports Content in a Net Neutrality-Less Era—The Potential Implications for the Post-Broadcasting World <p>The Federal Communications Commission’s (FCC) repeal of the net neutrality rules has implications for the consumers of program content found on broadband internet service providers (ISPs). Under the former rule, such providers cannot engage in discrimination by favoring some content over others or by using their broadband to speed up favored content or slow down less favored content (practices known as “throttling”). With the demise of net neutrality, ISPs have the power to control what viewers see and how they see it, with few resources to fight such decisions. One key programming category is sports. The end of net neutrality can have an adverse impact to sports streams, because of the high amounts of broadband space and the rapid consolidation between sports content providers and ISPs. This article discusses the background of the powers of the FCC, the history of the net neutrality rules, the FCC’s 2018 order repealing the rules, and the legal and political reactions to it. It concludes by raising a number of hypothetical situations where the lack of net neutrality can have an adverse impact for consumers of sports material.</p> Mark Conrad ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500 Out of Bounds: A Critical Race Theory Perspective on ‘Pay for Play’ <p>Under the amateur/education model, the amount that colleges and universities can provide to their student/athletes is limited to the athlete’s cost of attending their institution. While this model makes sense for most college sports, NCAA Division I Football Bowl Subdivision and Division I men’s basketball tend to generate almost all the revenue to fund their institution’s entire athletic programs, as well as the revenues received by the NCAA. Added to this is the realization that a majority of the elite athletes in these two revenue-generating sports are black. Thus, as revenues generated by these sports has escalated, a contentious debate has raged for over 30 years about the potential racial exploitation of the application of the amateur/education model to these two sports. Both sides of this debate tend to see the issue of racial exploitation in terms of dividing the revenues between the athletes or the NCAA and its member institutions. Either the institutions receive more of the funds to use as they see fit or more of the revenues are provided to the athletes—probably at the expense of the amateur/education model. This article attempts to reformulate this debate about racial exploitation by focusing on the interest of the entire Black community, not just the interest of the elite black male athletes. By taking the Black community’s perspective, a different view of the issue of racial exploitation and, more importantly, potential solutions to the dilemma emerge. In order to counteract the charge that the amateur/education model is potentially racially exploitive, the NCAA and its member institutions could also institute and fund massive programs that would increase the college attendance and graduation rates for the entire Black community. Admittedly, these programs would have to be tailored in such a way as not to run afoul of the current interpretations of anti-discrimination laws, but that is possible.</p> Kevin Brown, Antonio Williams ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500 Buffer Zone: Policies, Procedures, and Reality <p>The term “buffer zone’ has been used roughly for the past 20 years to highlight the space needed between an activity area and its surrounding to present the safest activity area possible. While everyone would agree there should be some space, the issue is how much? Is the designated space just an estimate or based on scientific research? If there had not been any prior injuries for many years, is the facility reasonably safe for the activity level? These are the questions that exist around “appropriate” buffer zones. This paper examines the basketball buffer zones and whether they are accurate and appropriate. After providing background information about the role of buffer zones, risk management basics, and basic physics of movement, this paper attempts to provide the most appropriate basketball buffer zone distance via surveys, player measurements, and a dose of physics.</p> Ceyda Mumcu, Gil Fried, Dan Liu ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500 Sport Scandal Investigations: An ‘Independent’ Solution or Part of the Problem? <p>This study investigated the use and content of sports scandal investigation reports. Many such reports are self-described as “independent.” This paper serves to elucidate some of the issues around “independence” and limitations of these investigations. The analysis is discussed in connection to the unique context of sport governance structures and policy, along with the related issues of autonomy, transparency, and accountability. A content analysis method was employed to analyze a purposive sample of post-scandal reports from the past decade pertaining to international professional sport. The results revealed the efforts to portray independence in the reports and identified potential threats to independence. The analysis and corresponding discussion provide recommendations for future report procedure, interpretation, evaluation, and legal policymaking.</p> Joanna Wall Tweedie ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500 Cross-Border Regulations: Exploring Legal Considerations in the United States of Nonprofit Sport Organizations Engaged in International Charitable Work <p>The number of organizations involved in the use of sport as a means for addressing different social issues continues to grow at a fast pace. This increasingly includes nonprofit charitable sport organizations registered in the United States. The purpose of this paper is to examine legal considerations related to how domestic and foreign nonprofit entities navigate U.S. laws and regulations impacting their international sport for development (SFD) efforts. This includes the following: (a) an analysis of the legal limitations on domestic nonprofits involved in foreign activities, (b) an evaluation of relevant Internal Revenue Service (IRS) regulations and rulings related to cross-border giving from U.S. domestic charities, and (c) implications for foreign and domestic organizations operating or supporting SFD programs abroad. Findings from this analysis enhance our understanding of legal aspects in the SFD space. Furthermore, the information presented is also intended to serve as a resource guide for SFD practitioners.</p> Per G. Svensson, Anita M. Moorman ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500 A Content Analysis of the Journal of Legal Aspects of Sport: 1992-2016 <p>As the flagship journal of the Sport and Recreation Law Association, the <em>Journal of Legal Aspects of Sport</em> (<em>JLAS</em>) serves “…as an interdisciplinary outlet for legal issues in the sport, recreation, and related fields to meet the needs of researchers, academicians, practitioners, and policymakers” (About <em>JLAS</em>, para. 2). A study by Batista and Pittman (2006) identified <em>JLAS </em>as the most highly ranked sport law journal among journals focusing on sport management. Articles appearing in the <em>Journal of Legal Aspects of Sport </em>have informed court decisions and case outcomes, policy decisions and debate on limited liability legislation, health and safety issues, and universal access to sport opportunities (Spengler &amp; Miller, 2014). Additionally, <em>JLAS </em>articles have been cited in journals published in a variety of countries including India, China, Australia, France, Canada, the United Kingdom, and Spain (Spengler &amp; Miller, 2014). These inclusions indicate that the <em>Journal of Legal Aspects of Sport </em>has had some degree of success in attaining international recognition and appeal. Although <em>JLAS</em> has been published since 1992, a complete formal analysis of the content has never been conducted. A content analysis of <em>JLAS</em> may provide critical information regarding the diversity of topics covered, the specific research types utilized, demographic information regarding the authors published, and perhaps identify any gaps that may exist in the current literature base. Therefore, the purpose of this study was to conduct a content analysis of articles published in the <em>Journal of Legal Aspects of Sport</em> (<em>JLAS</em>) from 1992-2016.</p> John J. Miller, Andy Gillentine, Andrew Olinger, Sara Vogt ##submission.copyrightStatement## Fri, 21 Dec 2018 00:00:00 -0500