Due: By 11:59 p.m. Monday, December 21, 2015
Submit Electronically: Upload Word Document to Canvas
The exam mode is TAKE HOME and OPEN TO ALL COURSE-COVERED MATERIALS (defined below).
The examination appears in its entirety following the instructions.
There is one (1) essay, two (2) multi-part multiple choice and two (2) short answer questions. The essay is worth a total of 20 points, the short answer questions are worth 8 points each (16 total) and the multiple choice parts are worth 1 point each (14 total). The examination is worth a total of 50 points. You must answer each question. Your written answers may not exceed 2,250 total words. You may divide your word count as you deem appropriate, although there are recommended word amounts at the beginning of each question. Please place citations in-line or as footnotes, which will be included in the word limit. A table of contents is unnecessary.
Support your arguments with the maximum number of citations to the Course-Covered Materials, as defined herein. While taking this examination you must consult and rely exclusively on the assigned course materials — including any Readings, Canvas materials, your own Class Notes from any class session, outlines or your group�s materials (�Course-Covered Materials�). You may not affirmatively cite to, or rely on, any source outside of those materials. Use the Course-Covered Materials to provide the maximum number of relevant precedents/citations for each of your answers to each part of each question. Citations needn�t be in Bluebook format and abbreviations may be used, so long as it is clear what you are referring to.
Collaboration with other students is strictly prohibited. YOUR ANSWERS MUST BE ENTIRELY YOUR OWN WORK. You may not discuss the examination with anyone, either while in possession of the exam or thereafter until after the exam period ends.
Please be aware that all names and events used within this exam, even though perhaps similar to real individuals or events, are fictitious. You should not assume any facts beyond those given, unless you explicitly state those assumptions within your answer.
Question ONE � [1250 Words Recommended] [20 points]
The following question relates to Commissioner�s Authority in the NFL. Students should review the materials relating to the Course-Covered Materials in Weeks 1-3.
Max Yardley is the starting quarterback for the NFL�s Virginia Sharks, and has been one of the premiere quarterbacks in the league for the last four seasons. The Sharks made the playoffs the last four years, the AFC Championship game three times, and won a Super Bowl in 2014. The 2014 season saw Yardley connect for ten touchdowns with his star wide receiver, Bill Overs, on the way to Yardley winning the league MVP award.
In late February after the 2014 Super Bowl, an ESPN news report surfaces that Yardley played in three season-long fantasy football leagues during the 2014 season, two of which were for money. Yardley owned himself in all of these leagues, and reportedly won $10,000 among the two for-money leagues. Yardley also played in one of the new DraftKings weekly leagues, making $25,000 over the course of the season, again playing himself every week. Yardley also owned Overs in both of the for-money season-long fantasy leagues, and in the DraftKings league. The NFL allows players to win up to $250 per contest on NFL fantasy leagues (for purposes of this exam: $250 total per week in all weekly leagues combined, and $250 total per season in all season-long leagues combined). Federal and Virginia law allow playing fantasy sports for money, but the Virginia Attorney General is currently investigating the legality of fantasy sports.
Commissioner Badchoices began an investigation into this conduct shortly after the story broke, hiring outside counsel to do a full investigation. This investigation confirmed the rumored amounts of money, and revealed information concerning Yardley�s Offensive Coordinator, Will Booker. The independent report found that Booker was a recovering gambler, and he had exchanged several e-mails with Yardley discussing plans to focus on Overs in the play-calling, and pad Yardley and Overs statistics and fantasy points. The report did not find Overs to be involved in these dealings.
Badchoices released his decision about the punishment for Yardley in late March. Invoking his �best interests� and �conduct detrimental�/�integrity of the game� authority, he suspended Yardley for the first five games of the 2015 season. In the publicly-available decision, Badchoices discussed how this conduct �degraded public confidence in and respect for the National Football League,� citing the risks to all professional sports leagues from fears of gambling tainting on-field performance. Yardley appealed this finding under the league-mandated arbitration, and Badchoices upheld his own decision. Badchoices has not yet announced any punishment for Booker.
If Yardley and the NFLPA appealed such a Final League-Arbitration Decision (that upheld the Commissioner�s Suspension) to a Federal Court to seek a Vacatur of the League�s Final Arbitration Decision, is the NFL Player and his Union likely to survive a Motion to Dismiss? Prepare the Memo as counsel to the NFLPA.
Note: In your response, please prepare the Memo in the form described in the Book at pages 31�32, and support your Memo�s conclusions with the maximum citations to the Course-Covered Materials.
Course Textbook: The required text is Professor Peter A. Carfagna�s Sports and the Law: Examining the Legal Evolution of America�s Three �Major League� Sports 2d Ed. (West 2011), available in the Law Coop, or online at Amazon.com or West Thompson in hard copy and e-book form.
Question TWO — [10 points]
The following questions relate to Age Eligibility and Free Agency Rules in the MLB, NFL and NBA. Please select the most appropriate answer for each question. Students should review the materials relating to the Course-Covered Materials in Weeks 4 & 8.
A. Rick Fillion, the top-rated high school pitcher in the country, is a junior at Essex High School. Rick has been scouted by most of the top 25 college baseball programs in the country, and even by several MLB teams.
Part I: Rick wants to know when he is eligible for the MLB Draft.
Rick is eligible for the MLB Draft after each year he completes in college.
Rick is eligible after he graduates high school, after his junior year of college, after he graduates community college and after his senior year of college.
Rick is only eligible after he graduates high school and after he graduates college.
Part II: After being selected #1 Overall by the Texas Rangers, Rick makes his debut as the Opening Day Starter for the Rangers in 2018. Ignoring whether or not Rick earns Super Two status, and assuming he is not sent down to the minors at any point, when will Rick be eligible for Free Agency?
Rick is eligible for Free Agency after his fourth major league season.
Rick is eligible for Free Agency after his sixth major league season.
Rick is eligible for Free Agency after his eighth major league season.
B. Tony Weatherly is the top-rated NCAA scholarship basketball freshman in the country and attends The Ohio State University. Tony has led The Ohio State to the National Championship game and is expected to be taken first overall by the Philadelphia 76ers.
Part I: Is Tony eligible for the upcoming NBA Draft?
No, not until Tony completes two years in college.
No, not until Tony graduates college.
Yes, under the �one and done� rule of the NBA CBA, a student-athlete is eligible after only one year of collegiate basketball.
Part II: After being selected #2 overall by the Miami Heat, Tony signs his first NBA contract. In accordance with the NBA CBA and slotting system, how long will Tony�s first contract be?
The contract is for two years, with no team options.
The contract is for two years, with two team options (making it four total years if the options are exercised).
The contract is for six years.
Part III: After spending four long, losing seasons with the Miami Heat, Tony�s first contract has ended and he wants to leave the team. Is Tony eligible for Unrestricted Free Agency yet?
No, Tony would only be eligible for Restricted Free Agency, and could only receive Offer Sheets from other teams that the Heat would have the right to match.
Yes, Tony would be free to sign for any team in the league.
No, Tony�s rights belong to Miami indefinitely.
C. Cullen Mount, the top rated high school Quarterback in the country, is a senior at Essex High School. Cullen has been scouted by every major college football program in the country, and has accepted a Scholarship Offer from the University of Virginia.
Part I: Now that Cullen has begun his collegiate career in August 2015, when will Cullen first be eligible to enter the NFL Draft?
Cullen would be first eligible one year after graduating high school.
Cullen would be first eligible two years after graduating high school.
Cullen would be first eligible three years after graduating high school.
Part II: Cullen graduates from UVA and is selected 1st overall by the Minnesota Vikings in the May 2019 NFL Draft. In accordance with the NFL CBA and the slotting system, for how long will Cullen�s first Team Contract extend? Does the team have any rights to the player at the end of the contract? When is the earliest Cullen will be eligible for Free Agency?
Cullen�s first contract would be for three years, and the team would possess a fourth- and fifth-year option. The team could also designate Cullen as a Franchise Player for three more seasons. The earliest Cullen could be a Free Agent is after three seasons, while the latest (assuming no extensions) would be after eight seasons.
Cullen�s first contract would be for four years, and the team would possess a fifth-year option. The team would also have the ability to designate Cullen as their Franchise Player for three more seasons. The earliest Cullen could be a Free Agent is after four seasons, while the latest (assuming no further contract extensions) would be after eight seasons.
Cullen�s first contract would be for five years, and the team would possess no further options of tags. Cullen would be eligible for Free Agency after five seasons no matter what.
D. Establishment of Free Agency
Part I: Rick Fillion can thank which of the following cases for the establishment of Free Agency in the MLB?
Toolson v. New York Yankees
Flood v. Kuhn
Messersmith-McNally Arbitration Grievance
Part II: Tony Weatherly can thank which of the following cases for the establishment of Free Agency in the NBA?
NBA v. Williams
Robertson v. NBA
Caldwell v. ABA
Part III: Cullen Mount can thank which of the following cases for the establishment of Free Agency in the NFL?
McNeil v. NFL
Powell v. NFL
Mackey v. NFL
Question THREE — [4 points]
The following questions relate to the Course-Covered Materials in Weeks 5-7. Please select the most appropriate answer for each question.
Part I: Unlike the NFL and NBA, the MLB enjoys this in relation to the �business of baseball,� in limited circumstances�
Non-Statutory Labor Exemption
�Collective Bargaining Agreement� Exemption
Part II: Each of the major leagues are given protection from antitrust scrutiny by this, established by �301 of the Labor Management Relations Act.
Non- Statutory (or �CBA�) Exemption
Statutory Labor Exemption
Part III: Which of the following leagues are considered a single entity for the purposes of antitrust laws?
NFL (as established in American Needle v. NFL)
MLS (as established in Fraser v. MLS) because each team is owned by the league, rather than individual owners.
NBA (as established in American Needle v. NFL)
Part IV: American Needle, Inc., a manufacturer of headwear merchandise, sued the NFL over their exclusive licensing deal with which major apparel company?
Question FOUR � [500 words recommended] [8 points]
The following question relates to the Course-Covered Materials in Weeks 10 & 11.
Assume you are a consultant to Michael Jordan and that Qiaodan Sports has begun distributing their products in the United States. Additionally, the Chinese-based sporting goods company has begun opening new stores in Chicago, and selling products bearing the Qiaodan logo. Michael Jordan has filed suit for damages and an injunction against Qiaodan.
Please list MJ�s �best arguments� in his favor, in priority order of �best arguments� first, as described in the Book at pp. 31-32, and support your Memo�s conclusions with the maximum citations to the Course-Covered Materials.
Please next list, (in the same Priority Order of “Best Arguments/Headings� first) the bases on which the Qiaodan should be permitted to continue operating. Please again support your Answer with the maximum number of citations from the Course Covered Materials.
Question FIVE � [500 Words Recommended] [8 points]
The following question relates to the Course-Covered Materials in Weeks 12 & 14.
You are the Senior Staff Attorney for Judge Claudia Wilken and you are working with her on the Consolidated Alston/Jenkins Case, in which the players represented by Jeff Kessler have requested �Free Agency� for student-athletes, per Kessler�s theories of antitrust law that proved successful in the Freeman McNeil case.
She has asked you to assist her as she prepares to rule on the NCAA’s Motion for Summary Judgment.
Please list The NCAA’s “best arguments” on the basis of which the Judge should grant the Motion, in priority order of “best arguments� first, as described in the Book at pp. 31-32, and support your Memo�s conclusions with the maximum citations to the Course-Covered Materials.
Please next list, (in the same Priority Order of “Best Arguments/Headings� first) the bases on which the Judge should deny the Motion and allow the Alston and/or the Jenkins Case to continue past Motion into the Discovery stage of the Case(s). Please again support your Answer with the maximum number of citations from the Course Covered Materials.
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