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Sports law


Sports law in the United States is the body of legal issues at work in the world of both amateur and professional sports in the United States. Sports law overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also integral aspects of sports law. This area of law was established as a separate and important entity only a few decades ago, coinciding with the rise of player-agents and increased media scrutiny of sports law topics.

Membership is voluntary. The NCAA operates along a series of bylaws that govern the areas of ethical conduct, amateur eligibility, financial aid, recruiting, gender equity, championship events, and academic standards. The NCAA has enforcement power and can introduce a series of punishments up to the death penalty, the company term for the full shut-down of a sporting activity at an offending college. Coaches are offered contracts and if any contractual agreement is violated NCAA has the right to hold any person(s) under the contract liable.

Title IX is an increasingly important issue in college sports law. The act, passed in 1972, makes it illegal for a federally funded institution to discriminate on the basis of sex or gender. In sports law, the piece of legislation often refers to the effort to achieve equality for women's sports in colleges. The Office of Civil Rights (OCR) is charged with enforcing this legislation. This agency implemented a three-prong test for schools to adhere to:

In 1995 the Gender in Equity Disclosure Act was passed to require schools to make an annual, public report on male-female athletic participation rates, recruiting by gender, and financial support. The U.S. Supreme Court's decision in Brown University v. Cohen, is an important aspect of litigation for women sports.

A critical piece of federal legislation, the Amateur Sports Act of 1978 guarantees certain due process rights including hearings and appeals for U.S. athletes under the governance of the USOC and its NGBs.


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