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Chapters 1-3 w/speaker 8/26/14 1:11 PM CHAPTER 1 SPORTS AGENCY Sports Agents *Who is a sports agent? Advocate, marketer, and negotiator Not just for athletes, anyone in sports context *Qualifications Law Degree? Not necessarily but better sometimes hinders them Dictated by Big Four says who can represent the players and the coaches in their league Agency Law *Principal Agent Relationship Contractor-independent contractor v. employer-employee Are you telling them how/when? V. Dictating how and when but they do it. Typically contractor-independent contractor with sports agent

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Sport Law Chap 1-3 LSU

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Speaker: Katie8/26/14 1:11 PMCHAPTER 1

SPORTS AGENCY

Sports Agents*Who is a sports agent?Advocate, marketer, and negotiatorNot just for athletes, anyone in sports context

*QualificationsLaw Degree? Not necessarily but better sometimes hinders themDictated by Big Four says who can represent the players and the coaches in their league

Agency Law*Principal Agent RelationshipContractor-independent contractor v. employer-employeeAre you telling them how/when? V. Dictating how and when but they do it.Typically contractor-independent contractor with sports agent

*TypesExpress Agency- you are my agent and I will set forth what I want in writing up a contract.Implied Agency- appears that people are acting on behalf of others. Ex: boosters

*LiabilityVicarious Liability- whatever the agent does the represented will be liable for what has been agreed upon.

Fully Disclosed- party knows that the person is a representative of a specific person.Partially Disclosed-Agent is responsible until disclosedUndisclosed Agency- Agent will be bound to contract

Agency History and Business *HistoryRed Grange (1925)Flourish in 1960s-Billy Cannon, Vince Lombardi Mergers in 1990s- allowed them to specialize in sports and types of playersEgregious actions-

*BusinessBig Four CertificationsNon-Big Four Sports- must really know the niche market. Ex. Olympic games, tennis, golf, etc.Exclusivity- required to sign and that they will be your only agent and they can negotiate on your behalf. This is for monetary reasons.

Agent Roles *Fiduciary Duties- Duty of good faith (taking correct percentages), loyalty, accounting (correctly managing their money), and care.

*Conflicts of Interest- dual presentations (multiple players with same position), players and coaches (coach gets bonus with specific players) * Facilitators- act on behalf of the event not necessarily a player over another.

Sports Agent Regulation *Uniform Athlete Agents Act (UAAA)- model state regulation, 40 states D.C. and Virgin Islands, 3 states have non-USAAA laws. 10 states have not adopted it. *Criticism- motivation behind enforcement-protect student athletes or colleges and universities from NCAA penalties. Only applies to student athletes with remaining eligibility, does not apply to professional athletes, and those who do not play college sports.

Sports Agent Regulation*Sports Agent Responsibility Trust Act (SPARTA)- Protects against misleading advertising in recruiting student-athlete. Enforced by Federal Trade Commission. 2004-2011 no known violations.

* Players Associations CertificationsNFL- Four-year degree, 2-day negotiation seminar and written exam, application and background check and dues. Negotiate one contract within 3 years. Agent gets 3 percent commission. MLB- Represent one man on a 40-man roster before certification, minor league-patience and you represent them during minor and then you certified after they make it to major league. Commission based on what percentage you get over the minimum then 3%. NBA- 4-year college degree or sufficient negotiating experience, application. Get paid only if over minimum salary. NHL- application and only paid if over minimum salary.

Sports Agent Fees*Regulated by Players Associations NFL- 3%MLB- negotiate only % over minimum NBA- not capped but more than minimum salary NHL- not capped but more than minimum salary

*Salary fees v. endorsement fees- Salary 2-4% and endorsement is between 10-20%, coaches negotiate between themselves and agents

Agent Violations*Violations-Josh Luchs*Criminal Cases- Walters and Bloom (backdated contracts), FSU and Footlocker (agent paid for shopping spree and wasnt registered so paid huge fines), Tank Black (pyramid scheme and stock swindling)*Civil Cases- Leigh Steinberg v. David Dunn

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION- voluntary organization*1200 voluntary member*Over 400K Student athletes*3 divisions (I, II, III)*1281 member institute*23 sports*88 national championships- 41 mens, 44 womens, 3 coed*400 full-time employees at national offices

Speakers:Blair and Jason in compliance, manager for track and field then graduated and got job, deal with eligibility and problems, academic eligibility and by laws, deal with all facets of the university (training room, admission, res life, parking, etc.) Jason- was going to be agent, went to law school and then took an internship for compliance, Texas State, LSU for 5 years, Broadcast journalism undergrad, lead person for interpretation, file violations, deals with pre acceptance and advisors, Legislature Database used for rule look up and exceptions. Fruit basket and major infractions searches, and find ways to do things impermissible. The members in the schools make the rules themselves, not the NCAA, mostly presidents at the universities.

Q&AStudent Athlete and lawyer representing them does it affect eligibility- as long as they pay for it then it is okay and sometimes pro bono work is accepted. Jefferson had it when at LSU but attorney must have acted pro bono before.

Baseball agent and NCAA athlete- are not actually paid yet so it is accepted.

Must have same market value as far as pay.

Spring Semester must pass with 6 hours to be eligible to play in basketball.

One and done rule- Jason does not like it because it creates bringing in a kid and having him play and not valuing the college education but if wanting to go pro then should be able to go ASAP but some coaches will accept it. Johnny thought he would go pro after one year but actually took 3 years.

The big 5 conferences have the ability to make their own rules. $2000 stipend to kids to make up the difference for tuition and the big 5 could afford it so they would be likely to say yes.

Basketball, Football fully funded

11.7 scholarships for a 35 roster sport so they spread it out

Will title 9 ever change? Does not think it will.

Student athletes and tweets is not acceptable

Restrictions before on what could be sent to a recruit, now as long as it is not larger than sheet of paper its fair game

Eliminate what rule? Her-monitor texting Him-prospects on the road

Can not use a student athletes likeness or name to make a profit: Boganation

Liaison between NCAA and institution

Coaches are not allowed monitor voluntary workouts

200,000 per student athlete

moonwalker- Tre Quinn not an issue until the hand sign he promoted during the game

Thankless job is only complaint

Current Footprint

Divisions

Division I-A (Football Bowl Series)*16 sports- male/mixed v. female*Home football games and opponents (neutral sites)*Attendance requirements- 3 year enrolling*129 schools*if do not have football then can not vote on football related issues- Marquette, Xavier, Pepperdine

Division I-AA (Football Championship Subdivision)*14 Sports male/mixed v. female*118

Division II*male/mixed v. female teams

Division III*Males/mixed female teams*Athletes receive no financial aid

Ivy League*No athletic scholarships

Mission*Bylaw 1.3.1- to maintain intercollegiate athletics as an integral part of the education program and the athlete as an integral part of the student body, and, by so doing, retain a clear line f demarcation between athletics and professional sports. *Manual- comprehensive statement of principles, policies, and riles for NCAA memberships. Changes significantly every year.

Scholarships*One year- NCAA Scholarships- renewable on annual basis, full and partial depends on sport, unlikely to lose because of performance in sport *Five Year/Ten Semester Rule- redshirt, medical hardship or injury

Revenue*NCAA Revenue Sources-March Madness (Big Money Maker) and BCS Sponsorships and Licensing Tickets and Concessions*Revenue v. Non-Revenue Sports- Basketball, Football, Hockey- LSU*BCS Automatic Qualifiers v. Non-Automatic Qualifiers99 out of 120 had to get subsidies to make program operate profitably.*LSU Athletic Program gives 1.5 Million every year to school

Violations and Enforcement*Violations *Major v. Secondary changed to category violations *Letter of Inquiry and Notice of Allegations*Committee on Infractions (takes investigations and then tells what it thinks you should do) /Infractions Appeal Committee (if you do not agree with that they did then you go to appeal) *Enforcement- not state actors *NCAA Punishment- vacate wins, reduce scholarships, post-season play, ad TV appearances- mostly major class I violations*Self-Imposed Penalties* Should the have punished Penn State? What rule did the break Was It too harsh? Yes the fines hurt all the sports*Penn State has not one single NCAA infraction against them prior to incident

Non-Compliance*Monitoring- identifying and reporting violations, cooperating with NCAA and taking corrective action. Monitor coaches, players, and boosters*Show Cause Orders- Why it should not be subject to a penalty for not taking appropriate action

Amateurism*Core principal of NCAA- maintain intercollegiate athletics as an integral part of the education program and the athlete as an integral part of the student body.*Prohibits student-athletes from using his athletic skills for pay in any formOhio State football playersCost of Attendance

NCAA and Sports Agents*Prohibits student-athletes from having sports agentsIneligible if agree orally or in writing to be represented: sport specific*Professional Sports Counseling Panels- Guidance n contracts and agreements with agents: draft prospects. Is this conflict of interest? They are paid by the institution so it could be in the best interest to get them back another year.

No Agent Rule*Oliver v. NCAA- NCAA rule violated the public policy of the state of Ohio and Oliver was allowed to seek legal counsel to make informed decisions about his career. So lost eligibility.*Issued permanent injunction against NCAA.*Settled before damages phase tot avoid establishing legal precedent. Settled outside of court for $750,000.

No Endorsement Rule* Bloom v. NCAA- A student athlete who wishes to maintain their eligibility in any sport cannot accept endorsement income from any product, whether related to the amateur sport or not. The NCAA said no you are getting these endorsement deals because you are a dual sport athlete. Judge says nope it is not sport specific. Quit football at Univ. of Colorado and pursued skiing then drafted by Eagles in 5th round for practice squad.

Boosters*Representatives of Athletic Interests- Conflict of interest?*Extra Benefit Rule- From coaches, alumni or others, Ex: Miami, repeat violators given severe sanctions or the death penalty* Death penalty- can not play for period of time

NCAA Criticism*Non-profit organization- $700M in annual revenue*Unpaid labor force- student athletes, multi-million salaries of coaches*Inconsistent and Unequal Punishment- depends on who commits it, suspend Ohio State Players after bowl games*Win At All Costs Attitude- includes cheating and other rule violations, is NOT in line with educational mission

CHAPTER 2

SPORTS CONTRACTS

Elements1. Offer2. Acceptance- you can accept, reject, counteroffer (rejection and then roles reverse), or nothing3. Consideration- price of the promise, salary in exchange for work (in LA this is not required for a contract to be valid)4. Legal purpose- illegal then void, illegal per se then adhesion(forced), unconscionable (took advantage), or one-sided5. Capacity to contract- competency (mental ability to form a contract), appreciation of entrance into contract, minority (disaffirm before 18)-letter of intent/scholarship, restitution, co-sign of parent, Coogans law (15% of child actors money in trust), fraud, duress (blackmail), mutual (bilateral) mistake (sell under good intentions but outcome is product is fake)

General Contract Law Principles1. Valid, Void-its illegal, Voidable-at the option of party if they didnt have capacity2. Statute of Fraud- if happens over one year must be in writing3. Implied and Express- implied-quasi (justifiably relied on anothers promise)ex: moved for job and dont get a job, express- formally expressed in writing4. Addendum- supplemental agreement to Standard Play Contract aka SPK (incentives and bonuses)

Contract Categories*Collective Bargaining Agreement- terms of employment between union and employer*Mandatory topics- minimum wage, permitted hours, working conditions, *Uniform Players Contract- nearly uniform in Big Four*Standard Player Contract- each player signs the same thing and then add addendums like bonuses*Professional Services- non-assignable and SPK is professional service contract where is specific to that person*Boilerplate as a result of CBA*Negotiable Issues- terms, salary, and bonuses*Endorsement Contracts- increase sales or market share of products by featuring athlete in advertising campaign. Grant sponsor the right of use of athletes name, image or likeness. No formalized parameters. ESPN journalist have very specific parameters.*Appearance Contracts-compensate athletes for appearing at events*Guaranteed Contracts- paid full amount of contract for specific period of time, regardless of whether injured or cut from team (MLB, NBA, NFL only occasionally)

Special Sports Contracts*NHL Two-way Contract- NHL pays but less if playing for AHL team.*NHL One-way Contract- paid same amount regardless if playing for NHL or AHL.*NBA Ten-day contract- 10 days or 3 games whichever is last. Limit 2 in one season, must sign for rest of season after, undrafted under looked youngsters.*Reserve Clause- club retained rights even at the expiration of contract unless traded or released at teams option. Players permanently bound, reduced player bargaining power, restricted salaries and gave owners power. In every MLB contract starting in 1880s and no longer exist in Big Four.*Termination Clause- when can you be let go.*At-Will v. Term Contract- can fire for any reason or no reason unless discrimination and term is bound to be employed until end of term. Completion, mutual consent/rescission, breach.*Cause- the reason for termination.*Employers reserve right to terminate in order to protect image from misconduct by employees. Usually receive a settlement.*Just cause defined in 14 subsections

*Examples-Kelvin Sampson- paid $750K to leave Indiana Univ.-Bruce Pearl- Un of Tennessee BB Coach, he lied to NCAA over recruiting violations, terminated contract but did not fire but let him coach at will.-Jim Tressel- knew players violated NCAA rules, NCAA sent Notice of Allegations, repeat offender, resigned.-Ron Prince- Kansas State FB, secret contract that if fired then they would pay-Jim OBrien- Ohio St. coach, loaned a Serbian recruit money to go home, could be fired for material breach, debate on whether he knew is was ineligible, court ruled the violation was not a material breach, could not terminate for cause, obligated to pay liquidated damages*Hazardous Activity Clause- Mitigate changes of injury outside of scope of game, Modify financial obligations if player injured as a result of involvement in hazardous activity. Ex: motorcycle riding or moped*Morals Clause- SPK and contracts with individual teams. Conduct that does not conform to standards of morality and fair playlaws, or that is prejudicial or detrimental to the Association. Very subjective. Tiger woods-cheating, Phelps- marijuana*Reverse Morals Clause- Enron park now minute maid park. *Loyalty Clause- Use or wear particular brand of product. Jordan vs. Hall, Carls Pickens clauses- bad mouth Bengals.*Force Majeure Clause- Addresses contractual obligations when a triggering event inhibits the fulfillment of duties of one or both parties. Weather, stoppages, bee swarms, other acts of God. Ex: Katrina, NHL transportation company.*Best Efforts Clause- Mandates general good faith. Depends on the nature of the facts or sports.*No-Trade Clause- Player has right to reject a trade under certain conditions. MLB veterans with 10 year of service and with same team. *Time or geographical restrictions- usually waive if championship contending team. *Best Interests of Baseball- Commissioner can investigateany act, transaction or practice charges, alleged or suspected to be not in the best interests of the national game of baseball. Ex: Bought Montreal Expos, trustee for LA Dodgers. Perfect Game for Detroit Tigers Armando Galarraga.*Other Clauses: Attendance, Freedom, ROFR, Most Favored Nation, Charity, Longevity, Reduction, Escalator, Official, Weight

Drafting the Sports ContractThe 3 Ps- go in pessimisticPredict- what might happen to parties and their relationshipProvide- establish rules for dealing with terminationProtect- specific provisions to protect client in worst case scenario

Damages for Breach of Contract*Liquidated damages- Agreed upon in contract. Measure of financial stability, Louisville v. Duke- mitigate damages when a game cancelled.*Compensatory damages- Money necessary to make up for the economic loss caused by the breach. General- pain, suffering, mental anguish, disability. Special- medical expenses, loss of income.*Consequential damages- Economic loss caused indirectly by the breach. Usually contractually excluded.*Specific Performance-Order to perform the obligation. Unusual in performance of services, okay for sale of goods. Illegal modern day slavery.*Injunction- prohibits certain acts of performances.*Mitigation of Damages- Attempt to reduce amount of economic loss. Can not let losses accumulate.*Additional Damages:Nominal- very small, demonstrates a wronged, but little financial loss.Treble- 3 times the amount awarded, must have statutory authorization.Punitive- exemplary, not based on economic loss, make an example and punish the wrong doer.

NCAA Contract Issues*National Letter of Intent- Binding agreement between student-athletes and institution. Play sports- receive tuition, room and board, books.Criticism- Contract of adhesion? Unfair limit student-athletes despite changes in circumstances i.e. coach leaves.*Breach of Athletic Scholarship Contract- Claims have consistently failedNot an interest or property right; NCAA not a state actor*Educational Malpractice:Ross v. Creighton-educational malpractice not a valid cause of action. Ross could not read and blamed school although they provided tutors.Hart v. NCAA- no constitutional right to participate in athletics.Hendericks v. Clemson- no fiduciary relationship between athlete and academic advisor. Advisor gave bad advice by mistake and lost eligibility.

WaiversGeneral- Relinquishment of privilege or right. Protect the party from legal liability for others injuries. Accidents, inherent risks, ordinary negligence, must be conspicuous. Tickets and Waivers- Waivers printed on tickets, Courts generally do no uphold ticket stub waivers.

Chapter 3: Sports Torts

*Tort- injuries involving person or property resulting from an act or omission of the tortfeasor. Goal of tort law is to compensation for injuries.*Preponderance of Evidence- what evidence is provided and larger.*Risk Management- preventative precaution, maintenance, and damage control.*4 Major Tort Theories: not mutually exclusiveNegligence- acted as a reasonable person under the circumstances.Intentional Torts- voluntary act intended to cause injury.Products Liability- manufacturers are liable for proper functioning of products.Strict (Absolute) Liability-legal responsibility without finding fault. Extremely hazardous activity. *Negligence- failure to act as a reasonable person. *Elements- duty of care, breach of duty, causation, evidence of damages.*Contributory v. Comparative Negligence- contributory where claim fails if plaintiff contributed to negligence; outdated. Comparative- still recover damages minus % of own fault.Assumption of the Risk- strongest defense to negligence. Express- signed waiver or release.Implied- knew danger and voluntarily proceeded.*Gross Negligence/Recklessness: so lacking in care that one can construe the conduct as being intentional, punitive damages possible, when sole purpose of the play is to injure player, bountygate.*Contact Sport Exemption- no duty of care for ordinary negligence. No liability to another participant unless the injury occurred due to negligence, reckless, or intentional.Nabozny v. barnhill- soccerBourque v. duplechin- softball- broke leg intentionally cause harmGauvin v. clark- hockey- spleen removed bc hit with hockey stick*Spectator Injuries-Injuries caused by the open and obvious rules of the game. Generally disallowed, flying objects.*Limited Duty Rule aka Universal Rule/Baseball Rule- assume certain knowledge of potential dangers of being hit. Benejam v. Detroit Tigers- sufficient to meet ordinary demand for protection. Must have net up .*Just Negligence Rules- tort analysis should be no different than other negligence claims- premises liability.*No Duty Rule- spectator assumes all risks that are common, expected and frequent risks of the game. No exceptions except willful misconduct.Loughran v. Phillies- outfielder tosses ball into stands between innings. Recovery is not granted to those who voluntarily expose themselves to risk by participating in or viewing activity. For Phillies*Non-Spectating Spectators-Maisonave v. Newark Bears- stands- limited duty, concourse, playgrounds, etc.-ordinary negligence*Baseball Spectator Safety Act of 2006-Response to Maisonave- immunity if warning signs. *Pre-Game Spectator Injuries- batting practice injuries, courts refuse to apply baseball rule.*Golf-Anand v. Kapoor- didnt yell fore after shanked shot. Consent to certain risks that are inherent in and arise out of the nature of the sports generally and flow from participation.*Hockey- Plexiglass now have netting behind them because of 13 year old death.*Pre- and Post-Game Celebrations- Vicarious liability for university and security- SEC storm the field rule- $5000 for first, $25,000 for second, 50,000 after that. A&M Bonfire- fell over and killed people, Wisconsin stampede- after big win, 73 people injured. *Negligent Supervision or Operation- Potential liabilities in facilities management or operations, improper security measures, or improper maintenance.*Negligent Hiring or Training- Unqualified Employee Negligent Hiring. Lead to outsourcing employment searches. Personality test, drug test, background check, care of reasonable employer.*Mascot:Live animal mascot- huge liability Costumed mascots- create distraction*Sports Officials- Laws enacted to provide officials immunity from lawsuits for unintentional, negligent acts by officialsWrongful Death-During participationMore foreseeable the injury, greater potential for liabilityDuring TransportationDuring Training Camps-Usually involve whether or not medical staff was available. Can lead to criminal chargesAs Spectators- in addition to flying objects, damage of standing too close, ignoring signs.Malpractice- Negligence on behalf of a sports medical practitioner.Duty to player or team?- NFL trainersLocality Rule- compare doctors to others in same geographical area or specialty.Medical Review Panel- if you think you have a case then the panel will review (5 doctors and 1 attorney) doctor has liability around 500KConcussions- suicides related to brain trauma- Junior SeauLeaguesMLB 7 day disabled list then pass testNFL cleared by doctors not associated with team.Troy Polamalu- I just lie to them.Infectious Disease- maintain proper hygiene in the locker or during sports contests.May be liable for failure to maintain proper hygiene.Magic Johnson- has HIV, then the new rule was you must wear gloves but doctor did not use gloves with open would.Workers Compensation- Insurance required by the state to provide benefits to employees who are injured on the job. Student-Athletes- Not employees, so no WCNCAA established fund-Indemnity not liability relief*Intentional Torts:Motivation- intention to bring about injury to anotherAssault and BatteryAssault apprehension Battery unwelcome physical contactReluctant to bring suit; tort and crimeFraud/Misrepresentation- Scienter v. Negligent MisrepresentationAcademic Fraud- no show/cheatingRecruiting FraudParticipation Fraud Resume Fraud Identity Fraud *Other TortsIntentional Infliction of Emotional DistressDisappointment Lawsuits- didnt play so cant sueIntentional Interference with ContractCommercial Misappropriation/Right of Publicity: Prohibit from using anothers name, voice, signature, photo or likeness in products or advertisements without permission. News exception

*Defamation- Slander v. libel SPOKEN V WRITTENStandards- the following 2 do not count.Public Official Public Figure Private Figure greatest expectation of privacyFact not opinion do not countDefense: Truth, protected speech (parody), retraction statutes

*Products LiabilityFocus on defectDefect in designDefect in manufacturing processDefect in warning failure to properly warn of potential dangersAluminum bats (ball came off to fast), helmets, exercise or weight equipment- in sports context.

*Strict Liability-Absolute liability or liability without faultliable for any injury that is caused due the following:ultra-hazardous or unreasonably dangerous activity: live animal mascot, firework display, cannons

Chapters 1-3 w/speaker8/26/14 1:11 PM

Chapter 4: Sports Crimes

*Criminal Law Fundamentals-punish for wrongdoing against a person or society.*Burden of Proof- Beyond reasonable doubt*Criminal Intent- Must violate statute, Intent to commit and carried out intent. Attempt-inchoate crimes*Felonies v. Misdemeanor- felony is serious, 1+ year in a federal or state prison, misdemeanor is less than one year in parish jail*Implied Consent- Strongest defense against criminal charges during sports.*Assault and Battery:Aggravated- involves a weapon, serious bodily injury, deadly force, or committed in conjunction wit another crimeAssault- includes apprehensionBattery- actually touching*Sports Violence- during Contact Sports*Arrest for illegitimate violence? Clear cut- type of violence that not intended*State of Washington v. Shelley- pick up game of b-ball and someone threw a punch and beforehand he got scratched but later broke the guys jaw , so he claimed it was a contact sport and he was found guilty. Consent can be a defense to an assault occurring during an athletic event.Correct inquiry-whether the conduct constituted foreseeable behavior in the play of the game. Must have occurred because of byproduct of game.Holding- consent defense is not limited to conduct within the rules of the game, rather to conduct and harm that are the reasonable foreseeable hazards of join participation in an athletic contest.*Sports Violence:Governmental Legislation- proposed legislation has failedPrivate Justice: Internal League Controls-Internal, rather than criminal penalties ex: red/yellow cards*League Suspensions and Fines-Penalties may not go far enough to deter.Recently starting taking more severe action for egregious conduct.Albert Haynesworth-*Crimes Against PersonsHockey - hitting with sticksBaseball-Pitch at batters head not outside the range of ordinary activityBasketball-Kermit and Rudy- punch and Lakers sued tooStorming the Stands- Ron Artest attacked fan who threw beer at him, fan arrested with 30 days in jail and 2 years probation, player suspended.Football- Hackbert hit player in back of head out of frustration, reckless disregardSt. Pius High- dad helped tie razorblades to sons hands, aggravated assault with deadly weapon.Figure Skating-Tonya Harding/Nancy Kerrigan-Attacking ParticipantsMonica Seles-Trespassing-Disorderly conduct and criminal trespassing; bannedFlying into Arena- James Miller was boxing and broncos game, again in England, dangerous flying- interfering with sporting event.Calvin Klien laws- make trespassing on the playing area of a major sporting event a misdemeanor.*Eagles Court- small in stadium courtroom (within eagles stadium)

*Parents and Youth SportsNew Jersey has increased punishment for assaults committed during youth sporting events by parents

*National Center for Safety Initiatives-national standards of care and formalized background screening to eradicate harm to children by adults

*Sports Officials-Specific laws to protect

*Other Crimes Against PersonsHazing- 43 states have laws prohibitingStalking- Unwelcome repetitive misconduct including harassing annoying, threatening or potentially deadly behavior.Extortion- Threats of intimidation to coerce to do something against will*Crimes Related to PropertySports Memorabilia- Fraudulent signatures, goods, to avoid you want hologram seals, notarized letters, and certificates of auth.Counterfeiting- knowingly selling fraudulent merchandiseEmbezzlement- University of Kansas ticket stealing ring of fake tickets caught by IRS because no taxesDestruction of Property- Alabama fan Harvey Updyke, Jr. criminal mischief for poisoning a tree on Auburns campus.

*Crimes Affecting the PublicTicket Scalping-Unauthorized reselling of an event ticket for more money. Laws originally enacted for safety, to avoid harassment and public nuisance and tax reasons. Sports Bribery: Points Shaving- Fines and imprisonment for conspiracySports Gambling- Attempts to regulation have been met with simultaneous resistance and success. Bradley Act- Stop the spread od state authorized sponsored gambling to protect the integrity of sporting events. NV, DE, MO, OR and excluded. NCAA will not let them host championships in those states.Office Pools- Any wager on March Madness likely violated state criminal law.Fantasy Sports-If based on chance, not skill, considered gambling. Unlawful Internet Gambling Enforcement Act.FL and LA- wagering on fantasy football is illegalParticipation does not constitute gambling in fantasy footballBlocks internet casinos from accepting transfer of money.NCAA and Sports Wagering-Prohibited from sports wagering on both college and professional sports: Not just athletes everyone associated with athletic dept.Sanctions-points shaving: loss all remaining eligibilityWagering-loss of eligibility for one year

*Professional SportsChicago Black Sox- 1919 8 players received lifetime bans for playing poorly to influence outcomePete Rose-Permanent ineligibility after investigation concluded he had bet on Red games while managerArt Schlichter- Gambling AddictionTim Donaghy- NBA referee pled guilty to betting on NBA games

*Crimes Involving AnimalsCruelty to Animals-Cockfighting-Louisiana last state to make illegalDog fighting-Felony in 48 of 50 statesMichael Vick

*Sports Agents CrimesSPARTA and State LegislationHuman Trafficking- conspiracy to commit alien smuggling for profit

*Crimes Against the GovernmentRacketeer Influenced and Corrupt Organization Act (RICO)-Operating an illegal business or scheme in order to make profitWire and Mail Fraud-Wire Communications Act (1961)criminal gambling behavior which uses wire communication to place bets across state lines

Constitutional LawPat-Down SearchesFourth Amendment protection against unreasonable searches and seizuresStark v. Seattle Seahawks- private conduct may be considered if the deprivation of a federal right is fairly attributable to the state.Not a public function required to be a function traditionally reserved to the exclusive prerogative of governmentYou can not be legally patted down unless you are entering a private place.

Chapter 48/26/14 1:11 PM

Speaker from DAs office

INSTITUTION OF CRIMINAL CHARGESUnder Louisiana state law, the only means by which someone can be formally charged with a criminal offense is by the filing of a bill of information by the District Attorney or Attorney General or by indictment by the Grand Jury for the Parish in which the offense occurred. ONLY ON TV AND IN MOVIES CAN VICTIMS PRESS CHARGESLouisiana Crimes that require indictment by the Grand Jury:First Degree MurderSecond Degree MurderAggravated RapeAggravated KidnappingAll other charges can be filed by a prosecutor signing a bill of information, which is merely a charging document that accuses a defendant. Ethically, prosecutors have a duty not to file charges which are not supported by probable cause.**Even when charges dont require indictment by GJ, prosecutors often choose to bring controversial, politically charged, or high profile cases with media attention to the Grand Jury.**

10 out of 12 jury count unless it is a first degree murder.6 person juries on misdemeanor and must be unanimous.

THE PROCEEDINGS OF THE GRAND JURY ARE SECRET. WTINESSES AND GRAND JURORS ARE SWORN TO KEEP SECRET THE MATTERS LEARNED IN GRAND JURY.

THE GRAND JURY SHALL FIND AN INDICTMENT WHEN, IN ITS JUDGMENT, THE EVIDENCE CONSIDERED BY IT, IF UNEXPLAINED AND UNCONTRADICTED, WARRANTS A CONVICTION.

Indictment- called before court and given charges and asked about lawyer. May have preliminary if not going to be a jury and have witnesses. Must present evidence that they intend to introduce.To prove one in the same person by fingerprint, social, in BR called bitching the defendant. Carries higher penalties. Grand jury is charged from other jurors. Server every year every Thursday.DOMESTIC VIOLENCE CASESNot only does Louisiana have a domestic violence homicide rate significantly higher than the national average, we also have a higher percentage of these homicides being committed with guns. Nationally, 52.5% of domestic violence homicides are committed with a gun. In Louisiana, this number is 74%. -Source: Louisiana Coalition Against Domestic ViolenceRAY RICERay Rice was initially charged by the police with Simple Assault under New Jersey law. New Jersey defines simple assault as follows:Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Prosecutors chose to charge Ray Rice with Aggravated Assault:Aggravated assault. A person is guilty of aggravated assault if he:

(1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3)Recklessly causes bodily injury to another with a deadly weapon; or

(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

LOUISIANA LAW DIFFERS SIGNIFICANTLY IN HOW IT DEFINES ASSAULT AND BATTERY. IN LOUISIANA ASSAULT IS MERELY PLACING SOMEONE IN APPREHENSION OR FEAR OF RECEIVING A BATTERY. So what if Ray Rice committed the crime in Louisiana?Ray Rice could be charged with any of the following (most severe to least severe)*Second Degree Kidnapping: The forcible seizing and carrying of a person from one place to another wherein the victim is physically injured. (Ray Rice punched her in the face, knocked her unconscious, and dragged her out of the elevator.) This is a second class felony punishable AT HARD LABOR for up to 40 years in prison. It is considered a crime of violence for which offenders have to serve 85% of their sentence.

*Second Degree Battery: The use of force or violence upon another when the offender intentionally inflicts serious bodily injury. Serious bodily injury involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, protracted loss or impairment of a bodily member, organ, or mental faculty, or substantial risk of death. It is a third class felony punishable with or without hard labor for a maximum of 5 years. It is also a crime of violence. (This is most similar to what he was charged with in NJ.)

*Domestic Abuse Battery: The intentional use of force or violence committed by one household member upon the person of another household member. Household member means married couples, live in partners, people who have previously lived together within the last 5 years, or any child of the offender regardless of where the child resides. It is a misdemeanor that carries up to 6 months in jail and special conditions. It can be used to enhance future penalties against an offender, e.g. domestic abuse battery 2nd, 3rd, 4th offense.

*Simple Battery: The intentional use of force or violence upon another or the intentional use of force or violence upon another or the intentional administration of a poison or other noxious liquid or substance to another. It is a misdemeanor punishable by up to 6 months in jail. It cannot be used to enhance future penalties.

Victimless prosecution and Domestic ViolenceThe victim in the case against Ray Rice has stated that she did not want to go forward with the prosecution of the case, yet Ray Rice was indicted over her objection. Domestic violence cases are some of the most difficult to prosecute because victims are often uncooperative and return to their abusers. For many reasons that may seem counterintuitive, victims stay with abusers because:financial dependence upon the battererbelief that they can keep the peacefear of danger if she were to leavethreats made by the batterer to hurt her or her children if she leftloss of self-esteemdepression or loss of psychological energy necessary to leavebelief that he is sorry and wont do it again

CHILD ABUSE

If parents use negative forms of discipline (i.e., physical punishment), their children are more likely to use violence to resolve their own conflicts. Parents are the most influential people in their childrens lives, and childrens behaviors are often a reflection of their observations and imitation of parental behaviors. American Psychological AssociationIn the last four years (late 2008-early 2013), Louisiana had 192 deaths of children related to abuse and neglect. Co-sleeping and babies sleeping in adult beds and subsequently suffocated by pillows, blanket, adults rolling on top of them are classified as death caused by neglect. The Louisiana Department of Children and Family Services investigated 130,186 cases of abuse and neglect during that same time period. Source: Louisiana Department of Children and Family ServicesMandatory reporters of child abuse include nurses and teachers

Adrian Peterson Adrian Peterson was also indicted by a Grand Jury for Reckless or Negligent Injury to a Child. He faces up to 2 years in prison and up to a $10,000 fine. The State* has also filed a CINC (Child in Need of Care) Petition in Juvenile Court to require the court to implement a safety plan for the child, including that Peterson have no unsupervised or unauthorized contact with the child, and that he refrain from any corporal punishment and/or physical discipline. *The District Attorney or Prosecuting Attorney for the County/Parish files criminal charges against child abusers. The Department of Children and Family Services AKA Child Protective Services is typically the State entity that seeks to remove a child from a parents custody or to impose restrictions on contact. Prosecuting child abuse cases can be difficult as the goal of DCFS is typically reunification of the family so often the victim in a prosecutors case is back living with the defendant.*Louisianas Counterpart to Minnesotas Reckless or Negligent Injury to a Child93. Cruelty to juvenilesA. Cruelty to juveniles is:(1) The intentional or criminally negligent mistreatment or neglect by anyone seventeen years of age or older of any child under the age of seventeen whereby unjustifiable pain or suffering is caused to said child. Lack of knowledge of the child's age shall not be a defense; or

(2) The intentional or criminally negligent exposure by anyone seventeen years of age or older of any child under the age of seventeen to a clandestine laboratory operation as defined by R.S. 40:983 in a situation where it is foreseeable that the child may be physically harmed. Lack of knowledge of the child's age shall not be a defense.

(3) The intentional or criminally negligent allowing of any child under the age of seventeen years by any person over the age of seventeen years to be present during the manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law. Lack of knowledge of the child's age shall not be a defense.

Since Adrian Peterson is alleged to have hit his child with both a belt and a switch, he could be charged with Aggravated Battery, which is a felony crime of violence punishable by up to 10 years and defined as a battery committed with a dangerous weapon. A dangerous weapon can be any gas, liquid, or other substance or instrumentality which in the manner used is calculated or likely to produce death or great bodily harm.Criminal IntentSpecific Intent: Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.General Intent: General criminal intent is present whenever there is specific intent, and also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act.Criminal Negligence: Criminal Negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offenders conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances. *Very few LA crimes require specific intent e.g. First Degree Murder, Second Degree Murder, Attempts of those offenses, First Degree Feticide. Most crimes are general intent crimes.The law does not criminalize spanking or the use of physical discipline and many people feel very strongly about the State dictating how parents raise their children. Child physical abuse cases can be difficult to select jurors for because culturally and generationally many people still believe in and do in fact hit their children. I have often said that people have more sympathy for animal abuse than they do child abuse and its easier to obtain a guilty verdict in cruelty to animal cases than it is in cruelty to juveniles. Dr. Scott Benton of the Childrens Justice Center at the University of Mississippi Medical Center recently commented on the Adrian Peterson case and spanking: For medical personnel, bruising is a sign of abuse," explained Benton."It's a sign that spanking has gone too far or overboard. Certainly any break of the skin like cuts or lacerations, any internal injury."

The location of those injuries make a difference. If it is a blow to the head, neck or abdomen, for example, it raises a red flag. Benton advocates for parenting that involves no spanking.

"You can potentially lose it or go overboard," Dr. Benton described. "And then all of a sudden you're in the same situation as Adrian Peterson."

He says the controversy is born out of a culture we've created.

"As an American culture, as a Southern culture, there is a great tolerance for spanking," Benton described."In part, because it's not a hundred percent that spanking causes problems. But it's high enough that it is worthy of getting rid of."