Franklin

Legal Concepts in Sport : A Primer.

Author/Creator:
Carpenter, Linda Jean.
Edition:
4th ed.
Publication:
Champaign, IL : Sagamore Publishing, L.L.C., 2019.
Format/Description:
Book
1 online resource (239 pages)
Form/Genre:
Electronic books.
Contents:
Cover
Title Page
Copyright Page
Table of Contents
Dedication
Appreciation
Introduction
The Book's Scope
How to Use the Book
About the Author
Chapter 1: Our Legal System: The Basics
What Is Law?
Relationships
Prohibited Behavior
Reasonableness of Behavior
Creation and Limitation of Freedom
Why Do We Have Laws?
Goodness
Fairness
Consistency
Enforcement
Compensation
Ownership
Where Does the Law Come From?
Distribution of Power via the Constitution
Congressional Power to Enact Laws
Executive Power to Regulate and Enforce
Executive Power to Order
Memory Testers
Memory Tester Discussion
Memory Testers-Short Answer
Additional Reading
Chapter 2: The Structure of Our Legal System: How It Works
INTERIM REVIEW
State Jurisdiction
Precedents
INTERIM REVIEW
Mechanics of a Lawsuit
Elements
Standard of Certainty
Burden of Proof
Conceptual and Contextual Subdivisions in Law
Anatomy of a Case
What's in a Word?
Memory Testers
Memory Tester Discussion
Memory Tester-Short Answer
Chapter 3: The Concept of Legal Fault: "Who's to Blame?"
How Is the Decision Made in a Lawsuit?
Reasons for Assigning Legal Fault
Responsibility for Payment: "Why Should I Pay?"
Prevention and Punishment: "Should I Change My Ways?"
Capacity to Bear the Loss: "Can I Afford It?"
Administrative Convenience: "Is This the Easiest Way?"
Moral Aspects of Conduct: "Was I That Bad?"
Relationships Between Defendants: "Do I Bear Some Responsibility forAnother's Action?"
Memory Testers
Memory Tester Discussion
Chapter 4: The Concept of Legal Obligation: "Why Me?"
Relationships and Obligations
Relationships Defined by the Parties
Relationships Defined by the Law
Relationships Defined by a Mixture of the Parties and the Law.
Nature of the Role Being Played by the Person Owing a Duty
Nature of the Role Being Played by the Person to Whomthe Duty is Owed
Memory Testers
Memory Tester Discussion
How Do I Kno w What My Duties Are?
Material versus Nonmaterial Failure to Meet an Obligation
Imposition of Professional Standards
Policy/Standards Manuals
Practice Scenario
Duty in a Nutshell
Standard of Care: "How Good Do I Have to Be?"
Memory Testers
Memory Tester Discussion
Practice Scenarios
How About Looking Up a Few Cases?
How About Looking Up a Law Review Article?
Chapter 5: Negligence: "Oops!"
Action Versus Inaction
The Four Required Elements of Negligence
Duty
Breach
Cause
Harm
Challenge Review
Challenge Review Hints
Memory Testers
Memory Tester Discussion
Can You Be a Little Bit Negligent?
Can You Be Negligent Even If You Are Not Actively Involved?
Agency
Respondeat Superior
Can Your Words Make You Negligent?
Can You Be Negligent for the Acts of Unrelated Third Parties?
Variations on a Theme: Negligent Hiring, Retention, Supervision, and Referral
Negligent Hiring
Negligent Retention
Negligent Supervision
Negligent Referral
How Do You Avoid Being Negligent?
Practice Scenarios
How About Looking Up Some Cases?
Chapter 6: Defusing Negligence Liability
Identification of Risks
Facilities and Equipment
Staffing
Participant Population
Policies and Procedures
Program Offerings
Evaluation of Risks
Management of Risks
Removing or Reducing Risks
Transferring Liability
Hold Harmless Laws
Releases
Waivers
Indemnification
Immunity
Good Samaritan Laws
Assumption of Risk
Comparative and Contributory Negligence
In A Nutshell: Transferring Liability
Memory Testers
Memory Tester Discussion
Practice Scenario.
How About Looking Up a Few Cases?
Chapter 7: Intentional Tort: "I Meant to Do That"
Intentional Tort: Defamation
Have You Defamed Someone Today?
Defamation of a Public Person
Defamation Per Se
INTERIM REVIEW
Defenses to Claims of Defamation
CHALLENGE REVIEW FOR DEF AMATION
Common Misconceptions about Defamation
Memory Tester
Memory Tester Discussion
Intentional Tort: Battery
Battery: Part of the Game or Violence?
Battery: Mistaken Target
Battery: By Agency
Defenses for Battery: Privileged, Self-Defense, or Revenge
A Note About Criminal Battery and Assault
Intentional Tort: False Imprisonment
Memory Tester
Memory Tester Discussion
Risk Management for Intentional Torts
How About Looking Up a Few Cases or Law Review Articles?
Chapter 8: Contracts: "Put It in Writing"
Elements of a Contract
Meeting of the Minds
Legal Subject
Offer and Acceptance
Is this an acceptance?
Consideration
Legal Capacity
Precise Terms
When Something Goes Wrong with a Contractual Relationship
I Want My Money Back!
Memory Testers
Memory Tester Discussion
How About Looking Up a Few Cases?
Chapter 9: Contracts: Buying and Selling
Contracts for the Purchase of Goods
Implied Warranty of Merchantability
Implied Warranty of Fitness for a Particular Purpose
"Fine Print"
INTERIM REVIEW
Products Liability
Memory Testers
Memory Tester Discussion
Licensed Logo Merchandise
Contract Risk Management in a Nutshell
How About Looking Up a Few Cases and Law Review Articles?
Chapter 10: Contracts for Personal Services: Hiring and Firing
Status of the Worker: Employee v. Independent Contractor
Status of the Worker: Workers Compensation Insurance
Status of the Worker: At-Will Employees
What Happens When It Doesn't Work Out?.
Status of the "Fired" Worker: Fired or Non-reappointed
Termination Clauses and Liquidated Damages
Restrictive Covenants and Behavioral Clauses
Memory Testers
Memory Tester Discussion
Related Issues
Negligent Hiring
Intentional Interference with a Contractual Right
Renegotiation of Contracts
Practice Scenario
How About Looking Up a Few Cases and Law Reviews?
Chapter 11: Property Rights: "It's Mine"
Rights in Real Property
Landlord/Tenant
Elements: Constructive Eviction
PRACTICE SCENARIO
Duties
Duties of the Landlord
Duties of Tenant
Memory Testers
Memory Tester Discussion
Rental of School Sports Facilities
Rights in Creative Property
What Can Be Copyrighted?
What Cannot Be Copyrighted?
Copyright: First Sale Doctrine
How Can a Copyright Be Obtained?
Fair Use Doctrine
Risk Management and Property Rights
How About Reading a Few Cases, and Laws?
Chapter 12: Constitutional Protections: "I Have My Rights"
Evaluation Process Step 1: Is a State Actor Involved?
Evaluation Process Step 2: How Important Is the Right Being Violated, and How Important Is the Reason for Violating It?
INTERIM REVIEW
Due Process and Equal Protection
Due Process
INTERIM REVIEW
Equal Protection
Developing Middle/Intermediate Level of Scrutiny
Constitutional Rights Compared to Statutory Rights
INTERIM REVIEW
Risk Management Regarding Constitutional Issues
Constitutional Issues in Practice
How About Looking Up a Few Cases?
Race to Constitutionality
Chapter 13: Legal Concepts of Equity and Equality:"It's Not Fair"
Constitutional Imperatives for Equity
Statutory Imperatives for Equity
Title IX
Benefit vs. Dollars
Follow the Money: Source of Support
Participation Opportunities
Enforcement of Title IX
Title IX and Physical Education.
Apples to Apples: Comparing Team to Team OR Program to Program
Title IX and Employees: Judicial Economy
Memory Testers
Memory Tester Discussion
Title VII
Equal Pay Act
Section 504
Americans with Disabilities Act (ADA)
Physical Education Curricular Requirements for the Disabled Student
Sexual Harassment
Memory Testers
Memory Tester Discussion
A Note About Federal Anti-Discrimination Legislation
Other Federal Legislation of Current Interest on Ca mpus
Risk Management and Equity Issues
How About Looking Up a Few Cases and Law Reviews?
Chapter 14: Defusing Liability: Managing the Risks
Develop Proper, Prudent Procedures
Understand Legal Time Periods
Memory Testers
Memory Tester Discussion
In Conclusion
Chapter 15: Concepts in Context: Evaluating Current Issues
Interview Questions
Discussion
Prayer
Discussion
Hazing
Discussion
Bullying
Discussion
Fan Misbehavior
Discussion
Summer Camp Risk Management
Discussion
Right to Participate
Discussion
Amateur v. Professional: Licensing and Unionization
Discussion
Transgendered Athletes
Discussion
Clery Act
Discussion
Family Educational Rights and Privacy Act (FERPA)
Discussion
Appendix
Index
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W.
Notes:
Description based on publisher supplied metadata and other sources.
Local notes:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2021. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Other format:
Print version: Carpenter, Linda Jean Legal Concepts in Sport
ISBN:
9781571677372
9781571677365
OCLC:
1193133166
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