- published: 08 Aug 2013
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Sports law is an umbrella term used to describe the legal issues at work in the world of both amateur and professional sports. Sports law overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also an integral aspect of sports law. The 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 full shut-down of a sporting activity at an offending college.
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 tests for schools to adhere to: (1) Are the opportunities for female and male athletes proportionate to their enrollment; (2) Does the school have a history of expanding athletic opportunities for women; (3)Has the school demonstrated success in meeting the needs of its students. In 1995 the Gender in Equity Disclosure Act was passed to require schools to report annually the information publicly 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.