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Monday, May 10, 2010
Sports Law and Elena Kagan's Nomination by President Obama to Supreme Court

Congratulations to Solicitor General and former Harvard Law School dean Elena Kagan on her forthcoming nomination by President Obama to become an associate justice of the United States Supreme Court. If confirmed by the U.S. Senate, she will fill the position of retiring Justice John Paul Stevens.

While there isn't a particularly compelling sports or sports law angle to this nomination (unlike with Justice Sotomayor), it is worth noting that Dean Kagan was supportive of sports law while at Harvard Law School--including by rightfully honoring Professor Paul Weiler for his extraordinary achievements in sports law, by bringing in distinguished sports lawyer and scholar Peter Carfagna to teach sports law, and by authorizing funding for excellent sports law symposia. Also while under her watch, the Harvard Journal of Sports and Entertainment Law made significant progress towards obtaining faculty and administrative approval. In addition, as Solicitor General, she co-authored the Justice Department's amicus brief in American Needle v. NFL. Last but not least, she's a Mets fan.

For an outstanding overview of Dean Kagan's nomination, check out Tom Goldstein's 9750 words on Elena Kagan on SCOTUSblog.


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