Sports Law Blog
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Friday, March 07, 2014
Much sports procedure

Just by coincidence, Deadspin has three stories that touch on the importance of procedure in and around sport.

1) Jonathan Mahler promotes the argument that the way to get the NCAA is for a single college athlete or high school senior to seek a declaratory judgment that NCAA rules regarding student-athlete compensation violate the antitrust law and an injunction against continued enforcement of those rules. Mahler argues that this lawsuit and this more-limited remedy avoids the extensive delays, distractions, and discovery that come with class actions and with claims for damages. The Unfortunately, the article ignores a few other procedural issues that could present problems, including standing and mootness (the NCAA might run out the clock until the player uses up his eligibility, mooting his request for injunctive relief).

2) Tampa Bay Rays manager Joe Maddon is drilling his players on continuing plays after the apparent third out of an inning, in case the third out is overturned on video review. The idea is that this can affect where the runners are placed after review. If the Rays defense get a "fourth out", that becomes the third out and the inning still ends. And if the Rays offense keeps running, the runners may get the extra base when the umpires replace them after video review. There are holes in the replay system that MLB has not yet even anticipated.

3) This story discusses the controversy over the women's indoor 3000 meters championship two weeks ago, which revolved around appeals procedures their manipulation, the too-cozy relationship between Nike and USATF, and the limits of video evidence as showing anything "conclusive" or "objective."


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