Reflecting on My "2017 Sports Law Hot Topics To Watch" Predictions

If Deflategate's courtroom battles placed "sports law" into mainstream conversation in 2015-2016, then 2017 gave sports law an entire fleet of those Wacky Waving Inflatable Arm Flailing Tubemen [Note: If you do not understand the reference, I encourage you to click the link.] As we step - no, run - into a new year embracing all the change that is more likely than not going to occur, I would like to put the past twelve months into perspective and reflect on what I predicted would be the sports law hot topics to watch in 2017, what happened and what did not, and see whether the topics attained some means of closure. All in all, I can proudly say that my umbrella picture that 2017 would be a continuation of prevalent sports law trends was pretty accurate.

Why the NFL Fined Jabrill Peppers $24K & Why He Could Win An Appeal

Former Michigan Football stud Peppers is a rookie for the Cleveland Browns and has looked pretty good on the field given the unfortunate circumstances of being on the Cleveland Browns. In Week 12, the Browns played their in-state rival, the Cincinnati Bengals, and because apparently no game in the NFL can finish 60 minutes of play without some controversy, the officials made a controversial call against Peppers when he made quite possibly the best hit of his career to date.

In the fourth quarter, Peppers was flagged and given a penalty for his hit on Bengals wide receiver Josh Malone. The Browns were only down 23-16 when an official threw the flag and announced that Peppers received a personal foul because he made contact with Malone's helmet. The penalty gave the Bengals an automatic first down and moved the ball 15 yards down the field. Just moments later, the Bengals scored a touchdown to seal the deal and defeat the still-winless Browns 30-16.

A Quick-Reference Guide to the NFL Constitution & Bylaws, Article VIII

nless you have been living under a rock like Patrick Star, you know the name Roger Goodell. Goodell is the current NFL Commissioner who has reigned over the League since being the chosen one to succeed Paul Tagliabue in 2006. His name has not been able to escape media attention and public criticism since taking the position thanks to a combination of (a) the successive "scandals" by teams and individuals, (b) the increasing popularity of non-traditional news platforms like social media & online video streams, and (c) a more widespread understanding of the NFL Constitution & Bylaws outside of the League, where experts in the sports industry (e.g., me & my fellow sports attorneys!) are educating the fans on what the heck is going on with the product - the game itself and the people involved - they love.

Commissioners of professional sports leagues play an extraordinary unique role. They are known as the face of their league because they speak on behalf of their league. They are "the CEO of the league" because they look out for the best interests of the team owners and the overall operation of the business. Furthermore, they are in charge of looking after the best interests of their league as a whole. Special duties are intimately attached to the commissioner role, which is why we see them wear many hats depending on the circumstances. In short, no traditional business has a position quite like a professional sports league commissioner who (a) needs to protect the integrity of the game, (b) tackles the delicate responsibility of enforcing rules and disciplining players and/or team owners, and (c) resolves a variety of disputes, big and small.

The NFL Constitution and Bylaws forms the contractual relationship between the League and the owners, particularly, whereas the Collective Bargaining Agreement forms the contractual relationship between the League and the players. Article VIII of the Constitution and Bylaws, plainly titled "Commissioner," covers the many rules touching who the Commissioner is, what his responsibilities are, and what he is authorized to do. I know a lot of people have been asking me questions about this portion in general. Hopefully, your questions get answered, and if they do not, ask away in the comments!

NCAA Men's Basketball Rule Changes for the 2017-2018 Season

We are just days away from the NCAA Men's Basketball regular season starting up! In that spirit, let's review the rule changes the NCAA Men's Basketball Rules Committee and the Playing Rules Oversight Panel approved that will be incorporated into the 2017-2018 rules book.

All in all, there are 26 changes being integrated that can, in essence, be sorted into one of four types of rule changes: (1) Uniformity, (2) Clarification, (3) Game Flow-Related, or (4) Fairness. Some you may have heard news of back in June when they were agreed upon, but some may be completely new to your eyes and ears. Regardless, these changes and their respective "legislative purpose" (i.e., intent) can be fresh in your mind when you bust out your fan gear & cheer on your team!

Jaime, NCAAJaime MiettinenNovember 6, 2017NCAAM, Rule changesComment

Can an Event Host Cancel a Marathon Without Refunding Registration Fees?

I am officially at the end of the final stretch of marathon prep (translation: the "stay loose and rest" part!) because the Detroit Free Press/Chemical Bank Marathon is only a few days away! As it stands currently, the weather for the race looks like "blah" October weather consisting of a sunrise 45 minutes into the race, mostly clouds in the morning, a 60% chance of rain that hopefully stays in the afternoon, 80% humidity, warm, and windy. That being said, this lawsuit is right within the marathon theme, and I figured it was worth discussing.

This year would have been the seventh annual Vancouver USA Marathon from September 15-17 had it not been cancelled a month beforehand. Energy Events, the marathon event's host, claimed it decided to cancel the event, which was supposed to include a full marathon, a half marathon, a 5K, a kids' race, a bike ride, and a beer festival, after "careful consideration for several weeks and reviewing the finances." Typically, the Vancouver USA Marathon has approximately 3,000 registered runners, but at the time of cancellation, only about 65% of that had registered.

Dissecting "the Dark Underbelly of College Athletics" & What Lies Beyond the FBI Investigation

Turns out the madness stretches well beyond March's NCAA Men's Basketball Tournament. Early into the workday last Tuesday, September 27, a Press Conference Advisory from the United States Attorney's Office for the Southern District of New York went out for immediate release calling for a noon meeting time and complete with attachments, stating, "There will be a press conference today at noon to announce charges of fraud and corruption in college basketball. Federal criminal charges have been brought against ten people, including four college basketball coaches, as well as managers, financial advisors, and representatives of a major international sportswear company." Here is a breakdown of who is involved, the two distinct schemes, the laws implicated, and what we can anticipate to follow in the short term and the long term.