Torts and Sports: Legal Liability in Professional and Amateur Athletics

By Raymond L. Yasser | Go to book overview
port, faced three options: (1) A return to amateurism (This option, however, was regarded as "not really viable" because of economic pressures and demands from alumni and other supporters for winning teams.); (2) Continuing the present situation (The Council noted that continuing the status quo meant drifting toward professionalism and an increased credibility gap between the pretenses of the student athlete model and the realities of money, corruption, and professionalism.); or (3) An open move to professionalism (This entails a situation in which blue- chip athletes would be paid a market wage rather than an artificially constrained amount with all the attendant pressures for under-the-table payments.).

The Council favored the third option, which in turn would create an environment in which true amateurism could be reborn. Schools that do not desire professional teams could opt for a genuine amateur model and build organizations capable of being administered in a principled manner.

Courts contribute to the maintenance of an admittedly corrupt system by abdicating their responsibility to call things as they really must see them (as the Indiana Supreme Court did in Rensing). Courts willing to honestly appraise the present relationships in American "amateur" sports must conclude that our big-time college scholarship athletes are really employees. This honest appraisal might, in turn, lead to healthy reform.

6.Finally, note that suits by under-educated college athletes alleging what can loosely be described as "educator's malpractice" deserve sympathetic hearings. Success in such cases might also contribute to reform of the current system.

BIBLIOGRAPHY

Ashman Allan, "Hut One, hut two, no comp for you: College Football Injury Doesn't Qualify for Worker's Compensation, Rensing v. Indiana State University Board of Trustees, 444 N.E.2d 1170 (Ind. 1983)," 69 AMERICAN BAR ASSOCIATION JOURNAL828 ( June 1983).

Bouniconti Nicholas A., "Are Athletes Covered by Worker's Compensation?" 13 THE BRIEF4 ( November 1983).

Cross Harry M., "The College Athlete and the Institution," 38 LAW AND CONTEMPORARY PROBLEMS151, 163-66 ( 1973).

Holzberg Bryan, "Worker's Compensation for Students," 4 NATIONAL LAW JOURNAL6 ( July 5, 1982).

Steinbach Sheldon Elliot, "Workmen's Compensation and the Scholarship Athlete," 19 CLEVELAND STATE LAW REVIEW521 (1970).

"''Workmen's Compensation Awards for Recreational Injuries," 23 UNIVERSITY OF CHICAGO LAW REVIEW328 ( 1956).

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Torts and Sports: Legal Liability in Professional and Amateur Athletics
Table of contents

Table of contents

  • Recent Titles from QUORUM BOOKS ii
  • Title Page iii
  • Contents vii
  • Preface xi
  • Acknowledgments xiii
  • 1 - Tort Liability of One Participant to Another 3
  • Bibliography 28
  • 2 - The Spectator as Plaintiff 31
  • Bibliography 50
  • 3 - Medical Malpractice in Athletics 51
  • Bibliography 64
  • 4 - Products Liability for Defective Athletic Equipment 65
  • Bibliography 85
  • 5 - Defamation and Invasion of Privacy 87
  • Bibliography 115
  • 6 - Worker's Compensation Laws and the Athlete 117
  • Bibliography 140
  • 7 - Intentional Interference with Contractual Relations 143
  • Bibliography 156
  • Table of Cases 157
  • Index 161
  • About the Author 165
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