1 / 10

#1: Introduction/The Office of Commissioner

#1: Introduction/The Office of Commissioner. August, 2010. Administrative Stuff. Welcome! Required reading/ ANGEL Grading Computer policy Sports Wiki. Rose v Giamatti. What is the source of the Commissioner’s authority to discipline Rose for gambling?

clovis
Download Presentation

#1: Introduction/The Office of Commissioner

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. #1: Introduction/The Office of Commissioner August, 2010

  2. Administrative Stuff • Welcome! • Required reading/ ANGEL • Grading • Computer policy • Sports Wiki SPORTS LAW: FALL 2010

  3. Rose v Giamatti • What is the source of the Commissioner’s authority to discipline Rose for gambling? • Is gambling in favor of your own team contrary to the “best interests of baseball”? • What procedures must the C– follow? • What is the legal source for procedural requirements? • Did Bart Giamatti do anything wrong? SPORTS LAW: FALL 2010

  4. Rose, contd. • What is the punishment if the C--- determines that Rose gambled? • Doesn’t the permanent ban in Rule 21(a) for throwing games suggest that a permanent ban is NOT appropriate for betting on own team? • What is/ should be the scope of judicial review? SPORTS LAW: FALL 2010

  5. Gambling & Hockey • Suppose Alex Ovechkin is suspected of betting in favor of the Penguins against the Capitals? • Suppose his bets were always in favor of the Caps? SPORTS LAW: FALL 2010

  6. Why give this authority to the Commissioner? • Why not let Reds discipline Rose? • Why not an outside arbitrator? • How about a public official? SPORTS LAW: FALL 2010

  7. Yankees v Johnson • What was the source of AL President’s authority over Carl Mays’ misconduct? • Does the source of authority cover these cases • Does the last clause in §24 suggest that it does NOT preempt §20? • Why should Ban Johnson care about what Mays did if the Yankees don’t? SPORTS LAW: FALL 2010

  8. Key holding by Judge Wagner • President is limited to actions taken in “performance of his duties” • If acts exceed his duties, there are ultra vires SPORTS LAW: FALL 2010

  9. Time Out: Contract Law refresher • Suppose we make a contract for me to sell you chickens, and for six months in a row I deliver broiler chickens and you accept and pay for them; on the seventh month, you claim that the phrase “chicken” means fryer chickens, refuse to accept, and sue me for cover on the fryer chickens you purchased; what result? SPORTS LAW: FALL 2010

  10. Course of Performance and the Commissioner’s Authority • Do you agree with Judge Wagner that unauthorized acts do not become authorized through repetition? • Agree with Wagner that course of performance trumped here by a violation of “fundamental concepts of law”? SPORTS LAW: FALL 2010

More Related