Governance Issues in Professional Sport

Abstract

This chapter examines the governance of professional sports including governing authority of professional sports leagues and individual sports entities such as professional tour organizations. The power and authority of the Commissioner for the major professional sport leagues is explored as it relates to complex governing documents as well as the legal challenges to the Commissioners' authorities related to player discipline, franchise relocation, and league expansion. Specifically, this chapter explores the Brady I and Brady II federal appellate decisions reaffirming the breadth of the NFL Commissioner's power to discipline players under the CBA. Further, the chapter examines the major professional sport leagues for men and women including: National Football League, National Basketball Association, National Hockey League, Major League Soccer, National Women's Basketball Association, and the National Women's Soccer League. This chapter introduces and explains the role of the law of private associations as it relates to judicial review of commissioners' decisions through an examination of the recent lawsuits challenging the commissioner's authority. Lastly, a discussion of federal antitrust law (The Sherman Act) and specifically the reliance on the rule of reason analysis when faced with antitrust issues in the professional sport contex, is consideredt.