Examining the Legal Evolution of America’s Three “Major League” Sports (3d Ed. 2017) [Legal Evolution]


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Carfagna, Sports and the Law: Examining the Legal Evolution of America’s Three “Major League” Sports (3d Ed. 2017) [Legal Evolution]

Traumatic brain injury should be a factor when judging individuals accused of crimes

Check to see that you have all nine pages (nine includes this cover sheet).
There are four (4) questions weighted according to their respective Word Limits. You must answer each question. Your total answers may not exceed 3,000 total words,
and include citations as footnotes, which count towards the word limit. Cover sheets, executive summaries and tables of contents are unnecessary.
While taking this examination you must consult and rely exclusively on the assigned Course-Covered Materials (the textbook, any Required Readings, Canvas Uploaded
materials — including videos, class recordings, Links of the Week, etc.), your own Class Notes from any class session, or outlines (“Course-Covered Materials”). YOU
MAY NOT AFFIRMATIVELY CITE TO, OR RELY ON, ANY SOURCE OUTSIDE OF THOSE MATERIALS. You should use the Course-Covered Materials to provide the maximum number of relevant
precedents/citations for each of your answers to each part of each question. Citations needn’t be in a professional format, so long as the cited materials are
Please be aware that all names and events used within this exam, even though perhaps similar to real individuals or events, are fictitious. You should not assume any
facts beyond those given, unless you explicitly state those assumptions within your answer.
During the Exam Period, contact with the professors is prohibited.
Extensions to submit the exam will not be given so plan accordingly. 2

Question ONE – [1000 Word Limit]
The following question relates to Commissioner’s Authority in the NFL. Students should review the materials relating to the Course-Covered Materials in Weeks 1-3.
Prepare the Memo in the form described in Appendix A, Tab 1, and support your Memo’s conclusions with the maximum citations to the Course-Covered Materials.
Max Yardley is the starting quarterback for the NFL’s Virginia Sharks, and has been one of the premiere quarterbacks in the league for the last four seasons. The
Sharks made the playoffs the last four years, the AFC Championship game three times, and won a Super Bowl in 2017. The 2017-18 season saw Yardley connect for ten
touchdowns with his star wide receiver, Bill Overs, on the way to Yardley winning the league MVP award.
In late February after the 2017 Super Bowl, an ESPN news report surfaces that Yardley played in three season-long fantasy football leagues during the 2017-18 season,
two of which were for money. Yardley owned himself in all of these leagues, and reportedly won $10,000 among the two for-money leagues. Yardley also played in one of
the new DraftKings weekly leagues, making $25,000 over the course of the season, again playing himself every week. Yardley also owned Overs in both of the for-money
season-long fantasy leagues, and in the DraftKings league. The NFL allows players to win up to $250 per contest on NFL fantasy leagues (for purposes of this exam: $250
total per week in all weekly leagues combined, and $250 total per season in all season-long leagues combined). Federal and Virginia law allow playing fantasy sports
for money, but the Virginia Attorney General is currently investigating the legality of fantasy sports.
Commissioner Badchoices began an investigation into this conduct shortly after the story broke, hiring outside counsel to do a full investigation. This investigation
confirmed the rumored amounts of money. The independent report found that Offensive Coordinator Will Booker exchanged several e-mails with Yardley discussing plans to
focus on Overs in the play-calling, and pad Yardley and Overs statistics and fantasy points. The report did not find Overs to be involved in these dealings.
Badchoices released his decision about the punishment for Yardley in late March. Invoking his “best interests” and “conduct detrimental”/ “integrity of the game”
authority, he suspended Yardley for the first five (5) games of the 2017-18 season. In the publicly-available decision, Badchoices discussed how this conduct “degraded
public confidence in and respect for the National Football League,” citing the risks to all professional sports leagues from fears of gambling tainting on-field
performance. Yardley appealed this finding under the league-mandated arbitration, and Badchoices upheld his own decision.
If Yardley and the NFLPA appealed such a Final League-Arbitration Decision (that upheld the Commissioner’s Suspension) to a Federal Court to seek a Vacatur of the
League’s Final Arbitration Decision, is the NFL Player and his Union likely to survive a Motion to Dismiss? Prepare the Memo as counsel to the NFLPA.
The length of the suspension (5 games) should be considered in the context of other recent 3

suspensions, such as the following: the 1-game suspension of Rob Gronkowski, the 6-game suspension of Ezekiel Elliott, the 4-game suspension of Tom Brady, or even the
player suspensions in the Bountygate Scandal (discussed in Appendix A, Tab 13). Also, consider similar situations related to sports gambling, such as the Pete Rose
scandal. In your answer, discuss whether like cases should be treated alike, or whether this is a case of first impression.
Lastly, would such a suspension be treated differently in the NBA or MLB? If so, why? If not, why not?
Question TWO – [500 Word Limit]
Please select the most appropriate answer for each question, and provide at least one citation supporting it. The corresponding weeks to each group of questions can be
found below.
2.1. Commissioner’s Authority (Weeks 1-2)
2.1.1: In which circuit was the NFL ultimately successful in upholding the Ezekiel Elliott suspension?
A. 5th Circuit
B. 9th Circuit
C. 2nd Circuit
D. Both the 2nd and 5th Circuits
2.1.2: Which MLB executive was recently suspended for life by Commissioner Manfred for his involvement with the Atlanta Braves international signing rules violations?
A. John Hart
B. Alex Anthopoulos
C. John Copolella
D. Dayton Moore
2.1.3: The NFL’s Personal Conduct Policy only allows the Commissioner to suspend, fine or otherwise punish the players in the league.
A. True
B. False 4

2.1.4: If a team in the NFL suspends one of their players (i.e. the Chiefs suspending Marcus Peters), the league can additionally suspend them for the same behavior at
the conclusion of the team-imposed suspension.
A. True
B. False
2.2 Antitrust and the Non-Statutory Labor Exemption (Weeks 5-6)
2.2.1: Unlike the NFL and NBA, the MLB enjoys this in relation to the “business of baseball,” in limited circumstances…
A. Antitrust Exemption
B. Non-Statutory Labor Exemption
C. “Collective Bargaining Agreement” Exemption
2.2.2: Each of the major leagues are given protection from antitrust scrutiny by this, established by §301 of the Labor Management Relations Act.
A. Antitrust Exemption
B. Non- Statutory (or “CBA”) Exemption
C. Statutory Labor Exemption
2.2.3: Which of the following leagues are considered a single entity for the purposes of antitrust laws?
A. NFL (as established in American Needle v. NFL)
B. MLS (as established in Fraser v. MLS) because each team is owned by the league, rather than individual owners.
C. NBA (as established in American Needle v. NFL)
2.2.4: American Needle, Inc., a manufacturer of headwear merchandise, sued the NFL over their exclusive licensing deal with which major apparel company?
A. Nike 5

B. Adidas
C. Reebok
2.3 Professional Drafts, Age Eligibility, and Free Agency (Weeks 3-4 and 7)
2.3.1: Rick Fillion, the top-rated high school pitcher in the country, is a junior at Essex High School. Rick has been scouted by most of the top 25 college baseball
programs in the country, and even by several MLB teams. Rick wants to know when he is eligible for the MLB Draft.
A. Rick is eligible for the MLB Draft after each year he completes in college.
B. Rick is eligible after he graduates high school, after his junior year of college, after he graduates community college and after his senior year of college.
C. Rick is only eligible after he graduates high school and after he graduates college.
2.3.2: If/when the day comes, Rick Fillion can thank which of the following cases for the establishment of Free Agency in the MLB?
A. Toolson v. New York Yankees
B. Flood v. Kuhn
C. Messersmith-McNally Arbitration Grievance (“Seitz Decision”)
2.3.3: Tony Weatherly is the top-rated NCAA scholarship basketball freshman in the country and attends The Ohio State University. Tony has led The Ohio State to the
National Championship game and is expected to be taken first overall by the Philadelphia 76ers. Is Tony eligible for the upcoming NBA Draft?
A. No, not until Tony completes two years in college.
B. No, not until Tony graduates from college.
C. Yes, under the “one and done” rule of the NBA CBA, a player is eligible only one year after their high school graduation.
2.3.4: After being selected #2 overall by the Miami Heat, Tony signs his first NBA contract. In accordance with the NBA CBA and slotting system, how long will Tony’s
first contract be?
A. The contract is for two years, with no team options. 6

B. The contract is for two years, with two team options (making it four total years if the options are exercised).
C. The contract is for six years.
2.3.5: If/when the day comes, Tony Weatherly can thank which of the following cases for the establishment of Free Agency in the NBA?
A. NBA v. Williams
B. Robertson v. NBA
C. Caldwell v. ABA
2.3.6: Cullen Mount, the top rated high school Quarterback in the country, is a senior at Essex High School. Cullen has been scouted by every major college football
program in the country, and has accepted a Scholarship Offer from the University of Virginia. Now that Cullen has begun his collegiate career in August 2017, when will
Cullen first be eligible to enter the NFL Draft?
A. Cullen would be first eligible one year after graduating high school.
B. Cullen would be first eligible two years after graduating high school.
C. Cullen would be first eligible three years after graduating high school.
2.3.7: If/when the day comes, Cullen Mount can thank which of the following cases for the establishment of Free Agency in the NFL?
A. McNeil v. NFL
B. Powell v. NFL
C. Mackey v. NFL
2.4 Drug Testing and Injury Grievances (Week 8)
2.4.1: This former pitcher was banned for life from the MLB for three failed drug tests.
A. Bartolo Colon
B. Jenrry Mejia
C. Aroldis Chapman 7

D. Alex Rodriguez
2.4.2: Under the NFL Concussion Litigation settlement, some former players (or their families) are receiving as little as $400,000, net of liens and attorneys’ fees,
of the $5,000,000 payouts in accordance with the settlement.
A. True
B. False
2.5 Image Rights (Weeks 9-10)
2.5.1: The only Right of Publicity case to go before the Supreme Court is:
A. ETW v. Jireh
B. Zacchini v. Scripps-Howard Broadcasting
C. Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.
D. Comedy III Productions, Inc. v. Gary Saderup, Inc.
2.5.2: This former college football player is presently leading a lawsuit against The Ohio State University and IMG College for the use of former players’ NIL rights:
A. Archie Griffin
B. Cris Carter
C. Chris Spielman
D. Joey Galloway
2.5.3: Michael Jordan successfully protected his right of publicity in which of the following cases?
A. Jordan v. Jewel Food Stores
B. Jordan v. Dominick’s Finer Foods, LLC
C. Jordan v. Qiaodan Sports
D. All of the above 8

2.6 Franchise Relocation (Week 11)
2.6.1: The relocation fee payments for the Rams, Chargers and Raiders were which of the following?
A. $550m (Rams), $650m (Chargers), $375m (Raiders)
B. $350m (Rams), $650m (Chargers), $700m (Raiders)
C. $640m (Rams), $275m (Chargers), $800m (Raiders)
D. $500m (Rams), $550m (Chargers), $325m (Raiders)
2.6.2: Seattle is rumored to be a top consideration for another NBA franchise. If the city wanted to re-adopt the “Supersonics” name, which league owner would they
need to acquire the rights from?
A. Miami Heat
B. Sacramento Kings
C. Portland Trailblazers
D. Oklahoma City Thunder
Question THREE – [750 Word Limit]
The following question relates to the Course-Covered Materials in Weeks 3-4, 7, 12 and 14.
Assume the you are consulting the objectors to the settlement in the final fairness hearing of the Arrington class action lawsuit (concussion-related injuries for
college athletes against the NCAA).
1. Please list “best arguments/headings” for why the settlement should be rejected in their favor, in priority order of “best arguments” first, as described in
Appendix A, Tab 1, and support your Answer with the maximum citations to the Course-Covered Materials.
2. Please next list, (in the same Priority Order of “Best Arguments/Headings” first) the bases on which the settlement should be permitted to continue operating.
Please again support your Answer with the maximum number of citations from the Course-Covered Materials.
3. Lastly, please list the “best arguments/headings” for why the settlement does not appropriately contemplate the circumstances of Samantha Greiber’s subclass
(women’s lacrosse players) specifically. 9

Question FOUR – [500 Word Limit]
The following question relates to the Course-Covered Materials in Weeks 12 & 14.
You are the Senior Staff Attorney for Judge Claudia Wilken and you are working with her on the Consolidated Alston/Jenkins Case, in which the players represented by
Jeff Kessler have requested “Free Agency” for student-athletes, per Kessler’s theories of antitrust law that proved successful in the Freeman-McNeil case.
She has asked you to assist her as she prepares to rule on the NCAA’s Motion for Summary Judgment.
1. Please list The NCAA’s “best arguments/headings” on the basis of which the Judge should grant the Motion, in priority order of “best arguments” first, as described
in Appendix A, Tab 1, and support your Memo’s conclusions with the maximum citations to the Course-Covered Materials.
2. Please next list, (in the same Priority Order of “Best Arguments/Headings” first) the bases on which the Judge should deny the Motion and allow the Alston and/or
the Jenkins Case to continue past Motion into the Discovery stage of the Case(s). Please again support your Answer with the maximum number of citations from the Course
Covered Materials.