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Chapters 1-3 w/speaker

08/26/2014

CHAPTER 1
SPORTS AGENCY
Sports Agents
*Who is a sports agent?
Advocate, marketer, and negotiator
Not just for athletes, anyone in sports context
*Qualifications
Law Degree? Not necessarily but better sometimes hinders them
Dictated by Big Four says who can represent the players and the
coaches in their league

Agency Law
*Principal Agent Relationship
Contractor-independent contractor v. employer-employee
Are you telling them how/when? V. Dictating how and when but they
do it.
Typically contractor-independent contractor with sports agent

*Types
Express Agency- you are my agent and I will set forth what I want in
writing up a contract.
Implied Agency- appears that people are acting on behalf of others.
Ex: boosters
*Liability
Vicarious Liability- whatever the agent does the represented will be
liable for what has been agreed upon.
Fully Disclosed- party knows that the person is a representative of a
specific person.
Partially Disclosed-Agent is responsible until disclosed
Undisclosed Agency- Agent will be bound to contract
Agency History and Business
*History
Red Grange (1925)
Flourish in 1960s
-Billy Cannon, Vince Lombardi
Mergers in 1990s- allowed them to specialize in sports and types of
players
Egregious actions*Business

Big Four Certifications


Non-Big Four Sports- must really know the niche market. Ex. Olympic
games, tennis, golf, etc.
Exclusivity- required to sign and that they will be your only agent and
they can negotiate on your behalf. This is for monetary reasons.
Agent Roles
*Fiduciary Duties- Duty of good faith (taking correct percentages),
loyalty, accounting (correctly managing their money), and care.
*Conflicts of Interest- dual presentations (multiple players with same
position), players and coaches (coach gets bonus with specific players)
* Facilitators- act on behalf of the event not necessarily
a player over another.

Sports Agent Regulation


*Uniform Athlete Agents Act (UAAA)- model state regulation, 40
states D.C. and Virgin Islands, 3 states have non-USAAA laws. 10 states
have not adopted it.
*Criticism- motivation behind enforcement-protect student
athletes or colleges and universities from NCAA penalties. Only applies to
student athletes with remaining eligibility, does not apply to professional
athletes, and those who do not play college sports.
Sports Agent Regulation
*Sports Agent Responsibility Trust Act (SPARTA)- Protects against
misleading advertising in recruiting student-athlete. Enforced by Federal
Trade Commission. 2004-2011 no known violations.
* Players Associations Certifications
NFL- Four-year degree, 2-day negotiation seminar and written exam,
application and background check and dues. Negotiate one contract within 3
years. Agent gets 3 percent commission.
MLB- Represent one man on a 40-man roster before certification,
minor league-patience and you represent them during minor and then you
certified after they make it to major league. Commission based on what
percentage you get over the minimum then 3%.

NBA- 4-year college degree or sufficient negotiating experience,


application. Get paid only if over minimum salary.
NHL- application and only paid if over minimum salary.
Sports Agent Fees
*Regulated by Players Associations
NFL- 3%
MLB- negotiate only % over minimum
NBA- not capped but more than minimum salary
NHL- not capped but more than minimum salary
*Salary fees v. endorsement fees- Salary 2-4% and endorsement is
between 10-20%, coaches negotiate between themselves and agents
Agent Violations
*Violations-Josh Luchs
*Criminal Cases- Walters and Bloom (backdated contracts), FSU and
Footlocker (agent paid for shopping spree and wasnt registered so paid
huge fines), Tank Black (pyramid scheme and stock swindling)
*Civil Cases- Leigh Steinberg v. David Dunn

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION- voluntary


organization
*1200 voluntary member
*Over 400K Student athletes
*3 divisions (I, II, III)
*1281 member institute
*23 sports
*88 national championships- 41 mens, 44 womens, 3 coed
*400 full-time employees at national offices
Speakers:
Blair and Jason in compliance, manager for track and field then
graduated and got job, deal with eligibility and problems, academic
eligibility and by laws, deal with all facets of the university (training
room, admission, res life, parking, etc.)
Jason- was going to be agent, went to law school and then took
an internship for compliance, Texas State, LSU for 5 years, Broadcast
journalism undergrad, lead person for interpretation, file violations,
deals with pre acceptance and advisors, Legislature Database used
for rule look up and exceptions. Fruit basket and major infractions
searches, and find ways to do things impermissible. The members in
the schools make the rules themselves, not the NCAA, mostly
presidents at the universities.
Q&A
Student Athlete and lawyer representing them does it affect
eligibility- as long as they pay for it then it is okay and sometimes
pro bono work is accepted. Jefferson had it when at LSU but
attorney must have acted pro bono before.
Baseball agent and NCAA athlete- are not actually paid yet so it
is accepted.
Must have same market value as far as pay.
Spring Semester must pass with 6 hours to be eligible to play in
basketball.

One and done rule- Jason does not like it because it creates
bringing in a kid and having him play and not valuing the college
education but if wanting to go pro then should be able to go ASAP
but some coaches will accept it. Johnny thought he would go pro
after one year but actually took 3 years.
The big 5 conferences have the ability to make their own rules.
$2000 stipend to kids to make up the difference for tuition and the
big 5 could afford it so they would be likely to say yes.
Basketball, Football fully funded
11.7 scholarships for a 35 roster sport so they spread it out
Will title 9 ever change? Does not think it will.
Student athletes and tweets is not acceptable
Restrictions before on what could be sent to a recruit, now as
long as it is not larger than sheet of paper its fair game
Eliminate what rule? Her-monitor texting Him-prospects on the
road
Can not use a student athletes likeness or name to make a
profit: Boganation
Liaison between NCAA and institution

Coaches are not allowed monitor voluntary workouts


200,000 per student athlete
moonwalker- Tre Quinn not an issue until the hand sign he
promoted during the game
Thankless job is only complaint

Current Footprint
Divisions
Division I-A (Football Bowl Series)
*16 sports- male/mixed v. female
*Home football games and opponents (neutral sites)
*Attendance requirements- 3 year enrolling
*129 schools
*if do not have football then can not vote on football related issuesMarquette, Xavier, Pepperdine

Division I-AA (Football Championship Subdivision)


*14 Sports male/mixed v. female
*118
Division II
*male/mixed v. female teams
Division III
*Males/mixed female teams
*Athletes receive no financial aid
Ivy League
*No athletic scholarships
Mission
*Bylaw 1.3.1- to maintain intercollegiate athletics as an integral part
of the education program and the athlete as an integral part of the student
body, and, by so doing, retain a clear line f demarcation between athletics
and professional sports.
*Manual- comprehensive statement of principles, policies, and riles for
NCAA memberships. Changes significantly every year.

Scholarships
*One year- NCAA Scholarships- renewable on annual basis, full and
partial depends on sport, unlikely to lose because of performance in sport

*Five Year/Ten Semester Rule- redshirt, medical hardship or injury


Revenue
*NCAA Revenue Sources-March Madness (Big Money Maker) and BCS
Sponsorships and Licensing Tickets and Concessions
*Revenue v. Non-Revenue Sports- Basketball, Football, Hockey- LSU
*BCS Automatic Qualifiers v. Non-Automatic Qualifiers
99 out of 120 had to get subsidies to make program operate profitably.
*LSU Athletic Program gives 1.5 Million every year to school
Violations and Enforcement
*Violations
*Major v. Secondary changed to category violations
*Letter of Inquiry and Notice of Allegations
*Committee on Infractions (takes investigations and then tells what it
thinks you should do) /Infractions Appeal Committee (if you do not agree
with that they did then you go to appeal)
*Enforcement- not state actors
*NCAA Punishment- vacate wins, reduce scholarships, post-season
play, ad TV appearances- mostly major class I violations
*Self-Imposed Penalties
* Should the have punished Penn State? What rule did the break Was
It too harsh? Yes the fines hurt all the sports
*Penn State has not one single NCAA infraction against them prior to
incident
Non-Compliance

*Monitoring- identifying and reporting violations, cooperating with


NCAA and taking corrective action. Monitor coaches, players, and boosters
*Show Cause Orders- Why it should not be subject to a penalty for not
taking appropriate action
Amateurism
*Core principal of NCAA- maintain intercollegiate athletics as an
integral part of the education program and the athlete as an integral part of
the student body.
*Prohibits student-athletes from using his athletic skills for pay in any
form
Ohio State football players
Cost of Attendance
NCAA and Sports Agents
*Prohibits student-athletes from having sports agents
Ineligible if agree orally or in writing to be represented: sport
specific
*Professional Sports Counseling Panels- Guidance n contracts and
agreements with agents: draft prospects. Is this conflict of interest? They
are paid by the institution so it could be in the best interest to get them back
another year.
No Agent Rule
*Oliver v. NCAA- NCAA rule violated the public policy of the state of
Ohio and Oliver was allowed to seek legal counsel to make informed
decisions about his career. So lost eligibility.
*Issued permanent injunction against NCAA.
*Settled before damages phase tot avoid establishing legal precedent.
Settled outside of court for $750,000.
No Endorsement Rule
* Bloom v. NCAA- A student athlete who wishes to maintain their
eligibility in any sport cannot accept endorsement income from any product,
whether related to the amateur sport or not. The NCAA said no you are
getting these endorsement deals because you are a dual sport athlete. Judge
says nope it is not sport specific. Quit football at Univ. of Colorado and
pursued skiing then drafted by Eagles in 5th round for practice squad.

Boosters
*Representatives of Athletic Interests- Conflict of interest?
*Extra Benefit Rule- From coaches, alumni or others, Ex: Miami,
repeat violators given severe sanctions or the death penalty
* Death penalty- can not play for period of time
NCAA Criticism
*Non-profit organization- $700M in annual revenue
*Unpaid labor force- student athletes, multi-million salaries of coaches
*Inconsistent and Unequal Punishment- depends on who commits it,
suspend Ohio State Players after bowl games
*Win At All Costs Attitude- includes cheating and other rule violations,
is NOT in line with educational mission
CHAPTER 2
SPORTS CONTRACTS
Elements
1. Offer
2. Acceptance- you can accept, reject, counteroffer (rejection and
then roles reverse), or nothing
3. Consideration- price of the promise, salary in exchange for work (in
LA this is not required for a contract to be valid)
4. Legal purpose- illegal then void, illegal per se then
adhesion(forced), unconscionable (took advantage), or one-sided

5. Capacity to contract- competency (mental ability to form a


contract), appreciation of entrance into contract, minority (disaffirm before
18)-letter of intent/scholarship, restitution, co-sign of parent, Coogans law
(15% of child actors money in trust), fraud, duress (blackmail), mutual
(bilateral) mistake (sell under good intentions but outcome is product is
fake)
General Contract Law Principles
1. Valid, Void-its illegal, Voidable-at the option of party if they didnt
have capacity
2. Statute of Fraud- if happens over one year must be in writing
3. Implied and Express- implied-quasi (justifiably relied on anothers
promise)ex: moved for job and dont get a job, express- formally expressed
in writing
4. Addendum- supplemental agreement to Standard Play Contract aka
SPK (incentives and bonuses)
Contract Categories
*Collective Bargaining Agreement- terms of employment between
union and employer
*Mandatory topics- minimum wage, permitted hours, working
conditions,
*Uniform Players Contract- nearly uniform in Big Four
*Standard Player Contract- each player signs the same thing and then
add addendums like bonuses
*Professional Services- non-assignable and SPK is professional service
contract where is specific to that person
*Boilerplate as a result of CBA
*Negotiable Issues- terms, salary, and bonuses
*Endorsement Contracts- increase sales or market share of products
by featuring athlete in advertising campaign. Grant sponsor the right of use
of athletes name, image or likeness. No formalized parameters. ESPN
journalist have very specific parameters.
*Appearance Contracts-compensate athletes for appearing at events
*Guaranteed Contracts- paid full amount of contract for specific period
of time, regardless of whether injured or cut from team (MLB, NBA, NFL only
occasionally)
Special Sports Contracts

*NHL Two-way Contract- NHL pays but less if playing for AHL team.
*NHL One-way Contract- paid same amount regardless if playing for
NHL or AHL.
*NBA Ten-day contract- 10 days or 3 games whichever is last. Limit 2
in one season, must sign for rest of season after, undrafted under looked
youngsters.
*Reserve Clause- club retained rights even at the expiration of
contract unless traded or released at teams option. Players permanently
bound, reduced player bargaining power, restricted salaries and gave
owners power. In every MLB contract starting in 1880s and no longer exist
in Big Four.
*Termination Clause- when can you be let go.
*At-Will v. Term Contract- can fire for any reason or no reason unless
discrimination and term is bound to be employed until end of term.
Completion, mutual consent/rescission, breach.
*Cause- the reason for termination.
*Employers reserve right to terminate in order to protect image from
misconduct by employees. Usually receive a settlement.
*Just cause defined in 14 subsections
*Examples
-Kelvin Sampson- paid $750K to leave Indiana Univ.
-Bruce Pearl- Un of Tennessee BB Coach, he lied to NCAA over
recruiting violations, terminated contract but did not fire but let him coach at
will.
-Jim Tressel- knew players violated NCAA rules, NCAA sent Notice of
Allegations, repeat offender, resigned.
-Ron Prince- Kansas State FB, secret contract that if fired then they
would pay
-Jim OBrien- Ohio St. coach, loaned a Serbian recruit money to go
home, could be fired for material breach, debate on whether he knew is was
ineligible, court ruled the violation was not a material breach, could not
terminate for cause, obligated to pay liquidated damages
*Hazardous Activity Clause- Mitigate changes of injury outside of
scope of game, Modify financial obligations if player injured as a result of
involvement in hazardous activity. Ex: motorcycle riding or moped
*Morals Clause- SPK and contracts with individual teams. Conduct
that does not conform to standards of morality and fair playlaws, or that is
prejudicial or detrimental to the Association. Very subjective. Tiger woodscheating, Phelps- marijuana
*Reverse Morals Clause- Enron park now minute maid park.

*Loyalty Clause- Use or wear particular brand of product. Jordan vs.


Hall, Carls Pickens clauses- bad mouth Bengals.
*Force Majeure Clause- Addresses contractual obligations when a
triggering event inhibits the fulfillment of duties of one or both parties.
Weather, stoppages, bee swarms, other acts of God. Ex: Katrina, NHL
transportation company.
*Best Efforts Clause- Mandates general good faith. Depends on the
nature of the facts or sports.
*No-Trade Clause- Player has right to reject a trade under certain
conditions. MLB veterans with 10 year of service and with same team.
*Time or geographical restrictions- usually waive if championship
contending team.
*Best Interests of Baseball- Commissioner can investigateany act,
transaction or practice charges, alleged or suspected to be not in the best
interests of the national game of baseball. Ex: Bought Montreal Expos,
trustee for LA Dodgers. Perfect Game for Detroit Tigers Armando Galarraga.
*Other Clauses: Attendance, Freedom, ROFR, Most Favored Nation,
Charity, Longevity, Reduction, Escalator, Official, Weight
Drafting the Sports Contract
The 3 Ps- go in pessimistic
Predict- what might happen to parties and their relationship
Provide- establish rules for dealing with termination
Protect- specific provisions to protect client in worst case scenario
Damages for Breach of Contract
*Liquidated damages- Agreed upon in contract. Measure of financial
stability, Louisville v. Duke- mitigate damages when a game cancelled.
*Compensatory damages- Money necessary to make up for the
economic loss caused by the breach. General- pain, suffering, mental
anguish, disability. Special- medical expenses, loss of income.
*Consequential damages- Economic loss caused indirectly by the
breach. Usually contractually excluded.
*Specific Performance-Order to perform the obligation. Unusual in
performance of services, okay for sale of goods. Illegal modern day slavery.
*Injunction- prohibits certain acts of performances.
*Mitigation of Damages- Attempt to reduce amount of economic loss.
Can not let losses accumulate.
*Additional Damages:
Nominal- very small, demonstrates a wronged, but little financial
loss.

Treble- 3 times the amount awarded, must have statutory


authorization.
Punitive- exemplary, not based on economic loss, make an example
and punish the wrong doer.

NCAA Contract Issues


*National Letter of Intent- Binding agreement between studentathletes and institution. Play sports- receive tuition, room and board, books.
Criticism- Contract of adhesion? Unfair limit student-athletes despite
changes in circumstances i.e. coach leaves.
*Breach of Athletic Scholarship Contract- Claims have consistently
failed
Not an interest or property right; NCAA not a state actor
*Educational Malpractice:
Ross v. Creighton-educational malpractice not a valid cause of
action. Ross could not read and blamed school although they
provided tutors.
Hart v. NCAA- no constitutional right to participate in athletics.
Hendericks v. Clemson- no fiduciary relationship between athlete
and academic advisor. Advisor gave bad advice by mistake and lost
eligibility.
Waivers
General- Relinquishment of privilege or right. Protect the party from
legal liability for others injuries. Accidents, inherent risks, ordinary
negligence, must be conspicuous.
Tickets and Waivers- Waivers printed on tickets, Courts generally do
no uphold ticket stub waivers.

Chapter 3: Sports Torts


*Tort- injuries involving person or property resulting from an act or
omission of the tortfeasor. Goal of tort law is to compensation for injuries.
*Preponderance of Evidence- what evidence is provided and larger.
*Risk Management- preventative precaution, maintenance, and
damage control.
*4 Major Tort Theories: not mutually exclusive
Negligence- acted as a reasonable person under the circumstances.
Intentional Torts- voluntary act intended to cause injury.
Products Liability- manufacturers are liable for proper functioning of
products.
Strict (Absolute) Liability-legal responsibility without finding fault.
Extremely hazardous activity.
*Negligence- failure to act as a reasonable person.
*Elements- duty of care, breach of duty, causation, evidence of
damages.
*Contributory v. Comparative Negligence- contributory where claim
fails if plaintiff contributed to negligence; outdated. Comparative- still
recover damages minus % of own fault.
Assumption of the Risk- strongest defense to negligence.
Express- signed waiver or release.
Implied- knew danger and voluntarily proceeded.
*Gross Negligence/Recklessness: so lacking in care that one can
construe the conduct as being intentional, punitive damages possible, when
sole purpose of the play is to injure player, bountygate.
*Contact Sport Exemption- no duty of care for ordinary negligence. No
liability to another participant unless the injury occurred due to negligence,
reckless, or intentional.
Nabozny v. barnhill- soccer
Bourque v. duplechin- softball- broke leg intentionally cause harm
Gauvin v. clark- hockey- spleen removed bc hit with hockey stick

*Spectator Injuries-Injuries caused by the open and obvious rules of


the game. Generally disallowed, flying objects.
*Limited Duty Rule aka Universal Rule/Baseball Rule- assume certain
knowledge of potential dangers of being hit.
Benejam v. Detroit Tigers- sufficient to meet ordinary demand for
protection. Must have net up .
*Just Negligence Rules- tort analysis should be no different than other
negligence claims- premises liability.
*No Duty Rule- spectator assumes all risks that are common, expected
and frequent risks of the game. No exceptions except willful misconduct.
Loughran v. Phillies- outfielder tosses ball into stands between
innings. Recovery is not granted to those who voluntarily expose
themselves to risk by participating in or viewing activity. For Phillies
*Non-Spectating Spectators Maisonave v. Newark Bears- stands- limited duty, concourse,
playgrounds, etc.-ordinary negligence
*Baseball Spectator Safety Act of 2006-Response to Maisonaveimmunity if warning signs.
*Pre-Game Spectator Injuries- batting practice injuries, courts refuse
to apply baseball rule.
*Golf Anand v. Kapoor- didnt yell fore after shanked shot. Consent to
certain risks that are inherent in and arise out of the nature of the
sports generally and flow from participation.
*Hockey- Plexiglass now have netting behind them because of 13 year
old death.
*Pre- and Post-Game Celebrations- Vicarious liability for university and
security- SEC storm the field rule- $5000 for first, $25,000 for second,
50,000 after that. A&M Bonfire- fell over and killed people, Wisconsin
stampede- after big win, 73 people injured.
*Negligent Supervision or Operation- Potential liabilities in facilities
management or operations, improper security measures, or improper
maintenance.
*Negligent Hiring or Training- Unqualified Employee Negligent Hiring.
Lead to outsourcing employment searches. Personality test, drug test,
background check, care of reasonable employer.
*Mascot:
Live animal mascot- huge liability
Costumed mascots- create distraction
*Sports Officials- Laws enacted to provide officials immunity from
lawsuits for unintentional, negligent acts by officials
Wrongful Death

-During participation
foreseeable the injury, greater potential for liability
During Transportation
During Training Camps-Usually involve whether or not medical
staff was available. Can lead to criminal charges
As Spectators- in addition to flying objects, damage of standing too
close, ignoring signs.
Malpractice- Negligence on behalf of a sports medical practitioner.
o Duty to player or team?- NFL trainers
Locality Rule- compare doctors to others in same geographical area
or specialty.
Medical Review Panel- if you think you have a case then the panel
will review (5 doctors and 1 attorney) doctor has liability around
500K
Concussions- suicides related to brain trauma- Junior Seau
Leagues
o MLB 7 day disabled list then pass test
o NFL cleared by doctors not associated with team.
Troy Polamalu- I just lie to them.
Infectious Disease- maintain proper hygiene in the locker or during
sports contests.
o May be liable for failure to maintain proper hygiene.
o Magic Johnson- has HIV, then the new rule was you must
wear gloves but doctor did not use gloves with open would.
Workers Compensation- Insurance required by the state to provide
benefits to employees who are injured on the job.
o Student-Athletes- Not employees, so no WC
NCAA established fund-Indemnity not liability relief
*Intentional Torts:

o
More
o
o

Motivation- intention to bring about injury to another


Assault and Battery
o Assault apprehension
o Battery unwelcome physical contact
Reluctant to bring suit; tort and crime
Fraud/Misrepresentation- Scienter v. Negligent Misrepresentation
Academic Fraud- no show/cheating
Recruiting Fraud
Participation Fraud
Resume Fraud
Identity Fraud
*Other Torts
Intentional Infliction of Emotional Distress
Disappointment Lawsuits- didnt play so cant sue
Intentional Interference with Contract
Commercial Misappropriation/Right of Publicity: Prohibit from using
anothers name, voice, signature, photo or likeness in products or
advertisements without permission. News exception
*Defamation- Slander v. libel SPOKEN V WRITTEN
Standards- the following 2 do not count.
o Public Official
o Public Figure

Private Figure greatest expectation of privacy


Fact not opinion do not count
Defense: Truth, protected speech (parody), retraction statutes

*Products Liability
Focus on defect
Defect in design
Defect in manufacturing process
Defect in warning failure to properly warn of potential dangers
o Aluminum bats (ball came off to fast), helmets, exercise or
weight equipment- in sports context.
*Strict Liability-Absolute liability or liability without fault
liable for any injury that is caused due the following:
o ultra-hazardous or unreasonably dangerous activity: live
animal mascot, firework display, cannons

Chapter 4: Sports Crimes


*Criminal Law Fundamentals-punish for wrongdoing against a person
or society.
*Burden of Proof- Beyond reasonable doubt
*Criminal Intent- Must violate statute, Intent to commit and carried
out intent. Attempt-inchoate crimes

*Felonies v. Misdemeanor- felony is serious, 1+ year in a federal or


state prison, misdemeanor is less than one year in parish jail
*Implied Consent- Strongest defense against criminal charges during
sports.
*Assault and Battery:
Aggravated- involves a weapon, serious bodily injury, deadly force,
or committed in conjunction wit another crime
Assault- includes apprehension
Battery- actually touching
*Sports Violence- during Contact Sports
*Arrest for illegitimate violence?
Clear cut- type of violence that not intended
*State of Washington v. Shelley- pick up game of b-ball and someone
threw a punch and beforehand he got scratched but later broke the guys jaw
, so he claimed it was a contact sport and he was found guilty.
Consent can be a defense to an assault occurring during an athletic
event.
Correct inquiry-whether the conduct constituted foreseeable
behavior in the play of the game. Must have occurred because of
byproduct of game.
Holding- consent defense is not limited to conduct within the rules
of the game, rather to conduct and harm that are the reasonable
foreseeable hazards of join participation in an athletic contest.
*Sports Violence:
Governmental Legislation- proposed legislation has failed
Private Justice: Internal League Controls-Internal, rather than
criminal penalties ex: red/yellow cards
*League Suspensions and Fines-Penalties may not go far enough to
deter.
Recently starting taking more severe action for egregious conduct.
Albert Haynesworth*Crimes Against Persons
Hockey - hitting with sticks

Baseball-Pitch at batters head not outside the range of ordinary


activity
Basketballo Kermit and Rudy- punch and Lakers sued too
o Storming the Stands- Ron Artest attacked fan who threw beer
at him, fan arrested with 30 days in jail and 2 years
probation, player suspended.
Footballo Hackbert hit player in back of head out of frustration,
reckless disregard
o St. Pius High- dad helped tie razorblades to sons hands,
aggravated assault with deadly weapon.
Figure Skatingo Tonya Harding/Nancy Kerrigan Attacking Participants
o Monica Seles Trespassing-Disorderly conduct and criminal trespassing; banned
Flying into Arena- James Miller was boxing and broncos game,
again in England, dangerous flying- interfering with sporting event.
Calvin Klien laws- make trespassing on the playing area of a major
sporting event a misdemeanor.
*Eagles Court- small in stadium courtroom (within eagles stadium)
*Parents and Youth Sports
New Jersey has increased punishment for assaults committed
during youth sporting events by parents

*National Center for Safety Initiatives-national standards of care and


formalized background screening to eradicate harm to children by adults

*Sports Officials-Specific laws to protect


*Other Crimes Against Persons
Hazing- 43 states have laws prohibiting
Stalking- Unwelcome repetitive misconduct including harassing
annoying, threatening or potentially deadly behavior.
Extortion- Threats of intimidation to coerce to do something against
will
*Crimes Related to Property
Sports Memorabilia- Fraudulent signatures, goods, to avoid you
want hologram seals, notarized letters, and certificates of auth.
Counterfeiting- knowingly selling fraudulent merchandise
Embezzlement- University of Kansas ticket stealing ring of fake
tickets caught by IRS because no taxes
Destruction of Property- Alabama fan Harvey Updyke, Jr. criminal
mischief for poisoning a tree on Auburns campus.
*Crimes Affecting the Public
Ticket Scalping-Unauthorized reselling of an event ticket for more
money. Laws originally enacted for safety, to avoid harassment and
public nuisance and tax reasons.
o Sports Bribery: Points Shaving- Fines and imprisonment for
conspiracy
Sports Gambling- Attempts to regulation have been met with
simultaneous resistance and success. Bradley Act- Stop the spread
od state authorized sponsored gambling to protect the integrity of
sporting events. NV, DE, MO, OR and excluded. NCAA will not let
them host championships in those states.
Office Pools- Any wager on March Madness likely violated state
criminal law.
Fantasy Sports-If based on chance, not skill, considered gambling.
Unlawful Internet Gambling Enforcement Act.
o FL and LA- wagering on fantasy football is illegal
o Participation does not constitute gambling in fantasy football
Blocks internet casinos from accepting transfer of
money.

NCAA and Sports Wagering-Prohibited from sports wagering on both


college and professional sports: Not just athletes everyone
associated with athletic dept.
Sanctions-points shaving: loss all remaining eligibility
Wagering-loss of eligibility for one year

*Professional Sports
Chicago Black Sox- 1919 8 players received lifetime bans for
playing poorly to influence outcome
Pete Rose-Permanent ineligibility after investigation concluded he
had bet on Red games while manager
Art Schlichter- Gambling Addiction
Tim Donaghy- NBA referee pled guilty to betting on NBA games
*Crimes Involving Animals
Cruelty to Animalso Cockfighting-Louisiana last state to make illegal
o Dog fighting-Felony in 48 of 50 states
o Michael Vick
*Sports Agents Crimes
SPARTA and State Legislation
Human Trafficking- conspiracy to commit alien smuggling for profit
*Crimes Against the Government

Racketeer Influenced and Corrupt Organization Act (RICO)Operating an illegal business or scheme in order to make profit
Wire and Mail Fraud-Wire Communications Act (1961)
criminal gambling behavior which uses wire communication to place
bets across state lines
Constitutional Law
Pat-Down Searches
o Fourth Amendment protection against unreasonable searches
and seizures
Stark v. Seattle Seahawks- private conduct may be considered if
the deprivation of a federal right is fairly attributable to the state.
Not a public function required to be a function traditionally
reserved to the exclusive prerogative of government
You can not be legally patted down unless you are entering a
private place.

Speaker from DAs office


INSTITUTION OF CRIMINAL CHARGES
Under Louisiana state law, the only means by which someone can be
formally charged with a criminal offense is by the filing of a bill of
information by the District Attorney or Attorney General or by indictment by
the Grand Jury for the Parish in which the offense occurred.
ONLY ON TV AND IN MOVIES CAN VICTIMS PRESS CHARGES
Louisiana Crimes that require indictment by the Grand Jury:
First Degree Murder
Second Degree Murder
Aggravated Rape

Aggravated Kidnapping
All other charges can be filed by a prosecutor signing a bill of
information, which is merely a charging document that accuses a defendant.
Ethically, prosecutors have a duty not to file charges which are not
supported by probable cause.
**Even when charges dont require indictment by GJ, prosecutors
often choose to bring controversial, politically charged, or high profile cases
with media attention to the Grand Jury.**
10 out of 12 jury count unless it is a first degree murder.
6 person juries on misdemeanor and must be unanimous.

THE PROCEEDINGS OF THE GRAND JURY ARE SECRET.


WTINESSES AND GRAND JURORS ARE SWORN TO KEEP SECRET THE
MATTERS LEARNED IN GRAND JURY.
THE GRAND JURY SHALL FIND AN INDICTMENT WHEN, IN ITS
JUDGMENT, THE EVIDENCE CONSIDERED BY IT, IF UNEXPLAINED
AND UNCONTRADICTED, WARRANTS A CONVICTION.
Indictment- called before court and given charges and asked about
lawyer.
May have preliminary if not going to be a jury and have witnesses.
Must present evidence that they intend to introduce.
To prove one in the same person by fingerprint, social, in BR called
bitching the defendant. Carries higher penalties.
Grand jury is charged from other jurors. Server every year every
Thursday.
DOMESTIC VIOLENCE CASES
Not only does Louisiana have a domestic violence homicide rate
significantly higher than the national average, we also have a higher
percentage of these homicides being committed with guns. Nationally,
52.5% of domestic violence homicides are committed with a gun. In
Louisiana, this number is 74%. -Source: Louisiana Coalition Against
Domestic Violence
RAY RICE
Ray Rice was initially charged by the police with Simple Assault
under New Jersey law. New Jersey defines simple assault as follows:

Simple assault. A person is guilty of assault if he:


(1)Attempts to cause or purposely, knowingly or recklessly causes bodily
injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious
bodily injury.
Simple assault is a disorderly persons offense unless committed in a
fight or scuffle entered into by mutual consent, in which case it is a petty
disorderly persons offense.
Prosecutors chose to charge Ray Rice with Aggravated Assault:
Aggravated assault. A person is guilty of aggravated assault if he:
(1)Attempts to cause serious bodily injury to another, or causes such injury
purposely or knowingly or under circumstances manifesting extreme
indifference to the value of human life recklessly causes such injury; or
(2)Attempts to cause or purposely or knowingly causes bodily injury to
another with a deadly weapon; or
(3)Recklessly causes bodily injury to another with a deadly weapon; or
(4)Knowingly under circumstances manifesting extreme indifference to the
value of human life points a firearm, as defined in section 2C:39-1f., at or in
the direction of another, whether or not the actor believes it to be loaded; or
LOUISIANA LAW DIFFERS SIGNIFICANTLY IN HOW IT DEFINES
ASSAULT AND BATTERY. IN LOUISIANA ASSAULT IS MERELY
PLACING SOMEONE IN APPREHENSION OR FEAR OF RECEIVING A
BATTERY.
So what if Ray Rice committed the crime in Louisiana?
Ray Rice could be charged with any of the following (most severe to
least severe)
*Second Degree Kidnapping: The forcible seizing and carrying of a
person from one place to another wherein the victim is physically injured.
(Ray Rice punched her in the face, knocked her unconscious, and dragged
her out of the elevator.) This is a second class felony punishable AT HARD
LABOR for up to 40 years in prison. It is considered a crime of violence for
which offenders have to serve 85% of their sentence.

*Second Degree Battery: The use of force or violence upon another


when the offender intentionally inflicts serious bodily injury. Serious bodily
injury involves unconsciousness, extreme physical pain, or protracted and
obvious disfigurement, protracted loss or impairment of a bodily member,
organ, or mental faculty, or substantial risk of death. It is a third class
felony punishable with or without hard labor for a maximum of 5 years. It is
also a crime of violence. (This is most similar to what he was charged with in
NJ.)
*Domestic Abuse Battery: The intentional use of force or violence
committed by one household member upon the person of another household
member. Household member means married couples, live in partners,
people who have previously lived together within the last 5 years, or any
child of the offender regardless of where the child resides. It is a
misdemeanor that carries up to 6 months in jail and special conditions. It
can be used to enhance future penalties against an offender, e.g. domestic
abuse battery 2nd, 3rd, 4th offense.
*Simple Battery: The intentional use of force or violence upon another
or the intentional use of force or violence upon another or the intentional
administration of a poison or other noxious liquid or substance to another. It
is a misdemeanor punishable by up to 6 months in jail. It cannot be used to
enhance future penalties.
Victimless prosecution and Domestic Violence
The victim in the case against Ray Rice has stated that she did
not want to go forward with the prosecution of the case, yet Ray Rice was
indicted over her objection.
Domestic violence cases are some of the most difficult to
prosecute because victims are often uncooperative and return to their
abusers. For many reasons that may seem counterintuitive, victims stay
with abusers because:
financial dependence upon the batterer
belief that they can keep the peace
fear of danger if she were to leave
threats made by the batterer to hurt her or her children if she left
loss of self-esteem
depression or loss of psychological energy necessary to leave
belief that he is sorry and wont do it again
CHILD ABUSE

If parents use negative forms of discipline (i.e., physical punishment), their


children are more likely to use violence to resolve their own conflicts.
Parents are the most influential people in their childrens lives, and childrens
behaviors are often a reflection of their observations and imitation of
parental behaviors. American Psychological Association
In the last four years (late 2008-early 2013), Louisiana had 192
deaths of children related to abuse and neglect. Co-sleeping and babies
sleeping in adult beds and subsequently suffocated by pillows, blanket,
adults rolling on top of them are classified as death caused by neglect. The
Louisiana Department of Children and Family Services investigated 130,186
cases of abuse and neglect during that same time period. Source:
Louisiana Department of Children and Family Services
Mandatory reporters of child abuse include nurses and teachers
Adrian Peterson
Adrian Peterson was also indicted by a Grand Jury for Reckless or
Negligent Injury to a Child. He faces up to 2 years in prison and up to a
$10,000 fine. The State* has also filed a CINC (Child in Need of Care)
Petition in Juvenile Court to require the court to implement a safety plan for
the child, including that Peterson have no unsupervised or unauthorized
contact with the child, and that he refrain from any corporal punishment
and/or physical discipline.
*The District Attorney or Prosecuting Attorney for the County/Parish
files criminal charges against child abusers. The Department of Children and
Family Services AKA Child Protective Services is typically the State entity
that seeks to remove a child from a parents custody or to impose
restrictions on contact. Prosecuting child abuse cases can be difficult as the
goal of DCFS is typically reunification of the family so often the victim in a
prosecutors case is back living with the defendant.*
Louisianas Counterpart to Minnesotas Reckless or Negligent Injury to
a Child
93. Cruelty to juveniles
A. Cruelty to juveniles is:
(1) The intentional or criminally negligent mistreatment or neglect by
anyone seventeen years of age or older of any child under the age of
seventeen whereby unjustifiable pain or suffering is caused to said child.
Lack of knowledge of the child's age shall not be a defense; or

(2) The intentional or criminally negligent exposure by anyone


seventeen years of age or older of any child under the age of seventeen to a
clandestine laboratory operation as defined by R.S. 40:983 in a situation
where it is foreseeable that the child may be physically harmed. Lack of
knowledge of the child's age shall not be a defense.
(3) The intentional or criminally negligent allowing of any child under
the age of seventeen years by any person over the age of seventeen years
to be present during the manufacturing, distribution, or purchasing or
attempted manufacturing, distribution, or purchasing of a controlled
dangerous substance in violation of the Uniform Controlled Dangerous
Substances Law. Lack of knowledge of the child's age shall not be a
defense.
Since Adrian Peterson is alleged to have hit his child with both a
belt and a switch, he could be charged with Aggravated Battery, which is a
felony crime of violence punishable by up to 10 years and defined as a
battery committed with a dangerous weapon. A dangerous weapon can be
any gas, liquid, or other substance or instrumentality which in the
manner used is calculated or likely to produce death or great bodily
harm.
Criminal Intent
Specific Intent: Specific criminal intent is that state of mind which
exists when the circumstances indicate that the offender actively desired the
prescribed criminal consequences to follow his act or failure to act.
General Intent: General criminal intent is present whenever there is
specific intent, and also when the circumstances indicate that the offender, in
the ordinary course of human experience, must have adverted to the
prescribed criminal consequences as reasonably certain to result from his act
or failure to act.
Criminal Negligence: Criminal Negligence exists when, although
neither specific nor general criminal intent is present, there is such disregard
of the interest of others that the offenders conduct amounts to a gross
deviation below the standard of care expected to be maintained by a
reasonably careful man under like circumstances.
*Very few LA crimes require specific intent e.g. First Degree Murder,
Second Degree Murder, Attempts of those offenses, First Degree Feticide.
Most crimes are general intent crimes.

The law does not criminalize spanking or the use of physical


discipline and many people feel very strongly about the State dictating how
parents raise their children. Child physical abuse cases can be difficult to
select jurors for because culturally and generationally many people still
believe in and do in fact hit their children. I have often said that people
have more sympathy for animal abuse than they do child abuse and its
easier to obtain a guilty verdict in cruelty to animal cases than it is in cruelty
to juveniles.
Dr. Scott Benton of the Childrens Justice Center at the University of
Mississippi Medical Center recently commented on the Adrian Peterson case
and spanking:
For medical personnel, bruising is a sign of abuse," explained
Benton. "It's a sign that spanking has gone too far or overboard. Certainly
any break of the skin like cuts or lacerations, any internal injury."
The location of those injuries make a difference. If it is a blow to the head,
neck or abdomen, for example, it raises a red flag. Benton advocates for
parenting that involves no spanking.
"You can potentially lose it or go overboard," Dr. Benton described. "And
then all of a sudden you're in the same situation as Adrian Peterson."
He says the controversy is born out of a culture we've created.
"As an American culture, as a Southern culture, there is a great tolerance for
spanking," Benton described. "In part, because it's not a hundred percent
that spanking causes problems. But it's high enough that it is worthy of
getting rid of."