Organized sports are governed by quasi-legal systems in the sense that formally promulgated rules enforced by impartial adjudicators and informal norms regulate behavior to achieve a complex set of objectives. This seminar will explore various rules and norms governing sports and related competitions, raising a rich array of questions that are both interesting for their own sake (if you enjoy sports) and are useful for analyzing similar issues underlying the domestic U.S. legal system. This is not a “sports law” seminar primarily exploring the regulation of sports by domestic law. Rather, this seminar explores “sports as law” and draws lessons from organized sports as legal systems in their own right.
Examples of topics include: (1) How should competition be structured? For example, what is/are the goal(s) of competition, and what metrics should determine a winner? (2) How should the bounds of acceptable conduct be determined? For example, are certain non-prohibited tactical behaviors (e.g., deception or stalling) nonetheless “inappropriate” and worthy of condemnation? Are certain prohibited tactical behaviors (e.g., intentional fouls) nonetheless “appropriate” and considered “fair game”? (3) How and why should prohibited conduct be punished or sanctioned? Are those the same thing? (4) How should rules governing play be fashioned (e.g., based on players’ mens rea components such as knowledge or intent vs strict liability; based on objective rules vs. subjective standards; based on behavior or outcomes (consider “no harm no foul”))? (5) What are appropriate rules or norms for officiating? When and how should officiating errors be correctable/appealable?
Course requirements include regular attendance, a final paper, and periodic brief reaction-to-reading papers.