SPORTS SCIENCE (Quality Work, No Plagarism, A++)

profileLAGNIAPPE
RESEARCHPAPER2019.docx

SPORTS INJURIES & THE LAW

Rubric

Content

40 Percent

Points Available

40

Points Earned

X/40

Additional Comments:

 All key elements of the assignment are covered in a substantive way.

o Paper includes Introduction (10 points), Thesis Statement (10 points), Roadmap (5 points), Background (10 points) and Conclusion (5 points) Sections.

o Thesis is clear and concise.

o Introduction and Background are appropriate to content.

o Conclusion is fully developed.

Argument / Development

50 Percent

Points Available

50

Points Earned

X/50

Additional Comments:

 The paper’s argument is at least 5-pages.

 Paper includes discussion on key points of thesis, student’s position/perspective (if any), explanation and summaries of researched materials/documents which support the paper.

 Paper demonstrates student properly conducted legal research from approved sources.

Mechanics

10 Percent

Points Available

10

Points Earned

X/10

Additional Comments:

 The paper follows Bluebook or APA formatting and citations standards.

 The paper is laid out with effective use of headings, font styles, and white space.

 Rules of grammar, usage, and punctuation are followed.

 Spelling is correct.

 The paper is at least 10-15-pages double spaced in length, in Times New Roman 12-point font, with 1” margins.

 Paragraph transitions are present, logical, and maintain the flow throughout the paper.

 The tone is appropriate to the content and assignment.

 Sentences are complete, clear, and concise.

 Sentences are well constructed, strong, and varied.

 Sentence transitions are present and maintain the flow of thought.

Total Available

Total Earned

100

Assignment Instructions

Your research paper topic is due during Week 2, in the Research Paper Proposal assignment. The Research Paper is due at the end of the 7th week of the course. Please make sure I have approved your topic BEFORE you start writing.  Some examples of topics include: - Steroid Use - Outside inappropriate behavior impacting role on professional sports team  - How teams choose locations for stadiums (detailing why certain locations are chosen including political and financial considerations and scheming) - Gender testing in sports

Specific Guidance for Your Research Papers

In this class, you are writing a paper to focus on an Sports Law topic of your choice.

Here is very specific guidance for your paper in this class:

1.   Formatting:  Your paper is required to be double spaced in Times New Roman 12pt font, with 1” margins on each side.  No title page is needed.  Please place your name, student ID and date at the top of the paper.   Citations should be in APA or Bluebook format.  If you are a major in the Legal Studies Department, you are required to utilize Bluebook footnotes using the ‘insert footnote’ feature in Word.  However, no reference list is needed.  If you are a major that is not in the Legal Studies Department, you may use APA citations; however, you must include a reference list at the end of your paper.  Attach your paper in Word format below.

2.   Grading Criteria:  Please see the attached Rubric.

3.   Academic Sources:  You should conduct research and use academic sources to support your statements.  Research should come from academic sources such as case law, statutes and law review articles in Nexis Uni, articles in the APUS Library (Summon), news paper articles, federal/state government websites, court websites, and academic studies containing statistics.  You may also do research at your local library, museums or conduct interviews.  Non-academic websites, such as Wikipedia or advertising blogs, such as Findlaw, may not be used. 

4.   Introduction:  Your introduction should not be longer than two pages.

5.   Thesis Statement:  Immediately after your introduction, you must present a clear thesis statement.  In simplistic terms, a thesis statement is the main point of your paper that tells the reader what you intend to argue later in your paper.  Word your thesis statement, as follows:  “My thesis statement is . . . .”  The thesis statement should not be longer than two sentences, and normally one is sufficient.

6.   Road Map:  Immediately after your thesis statement, you must provide a clear road map to let the reader know where you are going with your paper.  Word your road map, as follows:  “My paper will first briefly explore . . . , followed by . . . .   Finally I will defend my thesis by . . . .“  Your road map should be only a few sentences, but it must be clear.

7.   Background:  Next, provide a brief but clear background of your topic.  This may only be one page or less.

8.   Argument/Defending Your Thesis:  Now you are at the meat of the paper, defending your thesis statement.  This must be at least five to ten full pages, and you must use your research to defend your thesis.  This is the hardest part of your paper, and this is where you need to focus your time and energy.  Why?  You must present clear arguments, supported by your research, to defend your thesis.  Three major issues in this area --- (1) Conclusory statements must be supported with your research; (2) Do not use provoking language which amounts to merely an opinion; and (3) You need to fill in glaring gaps.

9.  Conclusion:  Conclude your paper in one page or less.

Feedback

Approved! Be sure to stay on track discussing the legal aspects, by examining statutes, legal cases and law review articles. Also, please be sure to edit all of your citations into proper Bluebook or APA format.  

Research Proposal

What is your topic?  

SPORTS INJURIES & THE LAW

b. What is your thesis statement?

The sports companies are liable to the injuries their players attain during a competition.

  c. Why you want to write on this topic?

There are cases where players are not compensated in cases of an injury.

  d. How you are going to defend your thesis statement?

 I will defend my thesis statement by giving facts on the issue of sports injuries and the law; what happens and what needs to be improved and eliminated.

Resources

Harvey, H. H. (2013). Reducing traumatic brain injuries in youth sports: youth sports traumatic brain injury state laws, January 2009–December 2012. American journal of public health103(7), 1249-1254.

Hollis, S. J., Stevenson, M. R., McIntosh, A. S., Shores, E. A., & Finch, C. F. (2012). Compliance with return-to-play regulations following concussion in Australian schoolboy and community rugby union players. Br J Sports Med46(10), 735-740.

King, D. A., Hume, P. A., Milburn, P., & Gianotti, S. (2009). Rugby league injuries in New Zealand: a review of 8 years of Accident Compensation Corporation injury entitlement claims and costs. British journal of sports medicine43(8), 595-602.

Lowrey, K. M. (2015). State laws addressing youth sports-related traumatic brain injury and the future of concussion law and policy. J. Bus. & Tech. L.10, 61.

 Required:

Glenn M. Wong, Essentials of Sports Law (4th ed. 2010).*

*Links to all chapter readings will be found in the Lessons tab of the classroom.

Recommended Reading for Week 1 :

Timothy J. Bucher, Inside The Huddle: Analyzing the Mediation Efforts in the NFL's Brady Settlement and its Effectiveness for Future Professional Sports Disputes, 22 Marq. Sports L. Rev. 211 (2011).

· Available in Nexis Uni in the APUS Library.

Jason Gubi, The Olympic Binding Arbitration Clause and the Court of Arbitration for Sport: An Analysis of Due Process Concerns, 18 Fordham Intell. Prop. Media & Ent. L.J. 997 (2008).

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1416&context=iplj  

· Available in Nexis Uni in the APUS Library.

Recommended Reading for Week 2:

Please read the below law review journal article that discusses premises liability and the liability concerns for stadium owners where fan-on-fan alcohol fueled violence occurs.

Bridget Fitzpatrick, Broken Bats And Broken Bones: Holding Stadium Owners Accountable For Alcohol-Fueled Fan-On-Fan Violence, 22 Jeffrey S. Moorad Sports L. J. 663 (2015).

· Available in Nexis Uni in the APUS Library.

Please read the below law review journal article regarding risk management strategies for stadium owners and protecting fans from terrorism in a post 9/11 world. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Thomas A. Baker, III, Perceived Risk of Terrorism and Related Risk Management Practices of NCAA Division 1A Football Stadium Managers, 17 J. Legal Aspects of Sport 27 (2007).

· Available in Nexis Uni in the APUS Library.

Please review the law review journal article at the below link, regarding stadium owner liability when a fan gets injured as a result of the game.

http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1170&context=sportslaw

Recommended Reading for Week 3:

Please read the below law review article that discusses the regulation of the four major professional sports leagues in America. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Nathaniel Grow, Regulating Professional Sports Leagues, 72 Wash. & Lee L. Rev. 573 (2015).

· Available in Nexis Uni in the APUS Library.

Please review the below law review journal article regarding the regulation and federal laws surrounding performance enhancing drugs (PEDs) and the youth of America. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Steven M. Silverberg, Safe At Home? Assessing U.S. Efforts To Protect Youths From The Effects of Performance Enhancing Drugs In Sports, 35 Brooklyn J. Int'l L. 271 (2010).

· Available in Nexis Uni in the APUS Library.

Recommended Reading for Week 4:

Please review the below law review article regarding Title IX. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Deborah, Brake, Revisiting Title IX's Feminist Legacy: Moving Beyond The Three-Part Test, 12 Am. U.J. Gender Soc. Pol'y & L. 453 (2004).

· Available in Nexis Uni in the APUS Library.

Recommended Reading for Week 6:

Please also review Section III of the below law review article regarding the new laws concerning the unionization of student athletes. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Anthony Caruso, Collegiate Collisions on the Field and in the Courtroom: Will Labor Peace Save Student-Athletes from Further Injury?, 10 J. Bus. & Tech. L. 15 (2015).

· Please also review the MLB CBA here:  http://www.mlbplayers.com/ViewArticle.dbml?DB_OEM_ID=34000&ATCLID=211078089

 Please also review the NFL PA here:  https://www.nflpa.com/

 Please also review the NBA PA here: https://nbpa.com/

· Available in Nexis Uni in the APUS Library.

Recommended Reading for Week 7:

Please review the below law review journal article regarding negligent marketing in the NFL. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Richard M. Southall, The National Football League and Its "Culture of Intoxication:" A Negligent Marketing Analysis of Verni v.Lanzaro, 16 J. Legal Aspects of Sport 121 (2006).

· Negligent Marketing in Sports

Please review the below law review journal article regarding negligent marketing in the NFL. You will need to obtain the article from Nexis Uni in the APUS Library tab.

Richard M. Southall, The National Football League and Its "Culture of Intoxication:" A Negligent Marketing Analysis of Verni v.Lanzaro, 16 J. Legal Aspects of Sport 121 (2006).

Please review the article at the below link regarding a recent court case involving deceptive marketing and trade practices by a fantasy sports website.

http://fortune.com/2017/09/07/draftkings-fanduel-settle-accusations-deceptive-practices/

 Available in Nexis Uni in the APUS Library.

Recommended Reading for Week 8

Welcome to week 8!  This week we will be reading Chapter 16 of our ebook and completing the Final Exam. While many sport managers may be fortunate enough to have little direct involvement in the issues of athlete violence, gambling or athlete discrimination, all three topics in this chapter are current issues with considerable impact on the world of sports.

Athlete Violence On and Off the Field:

What is the purpose of criminal law?

The broad aim of criminal law is the prevention of injury to the health, safety, morals, and welfare of the public.  It is also designed to uphold society’s broader notions of morality.

What are the 3 rationales behind criminal punishment? 

Prevention theory – punishment will keep a criminal from becoming a repeat offender; aim is to rehabilitate the offender. 

Deterrence theory – exacting punishment for bad conduct deters others from committing crimes, lest they suffer the same fate. 

Education theory – the publicity that surrounds a criminal trial and the subsequent punishment of criminals serves to educate the public as to the nature of right and wrong.

What are two most common criminal defenses in sports law? 

Consent – consent is not normally a defense to a criminal act.  The general rule is that one cannot consent to be the victim of a crime, and this rule is true except for certain specific exceptions.  Those exceptions are crimes in which a lack of consent forms one of the elements of the crime. 

Self-defense – the non-aggressor in a violent incident may use a reasonable amount of force against the aggressor, when there is reason to believe that an immediate danger of harm is imminent and that the use of force is required to avoid this danger.

What are some of the issues that sport managers must deal with pertaining to off-the-field conduct?

Can or should an organization punish an athlete before he is convicted of the crime?  If they do not punish the athlete, is the organization condoning criminal conduct and just interested in winning games?  If the athlete is punished and forced to miss games, what does that do to the notion of innocent until proven guilty?

Two possible solutions for off-the-field conduct include:  1) League control and 2) Governmental regulation

Here is another excellent resource for up to date information of sports betting:   https://www.legalsportsreport.com/

Library

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1416&context=iplj