Sports Law Terms and Answers
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| Power of Commissioner | 1. Has substantial authority over general operations of league.
2. Owns Power articulated in league constitution & bylaws
3. Usually has power to act in the best interests of the sport.
- Disciplinary
- Dispute resolution
- Decision making responsibi
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| Power of Commissioner - What he cannot do. | 1. Cannot compel teams to take actions.
2. Cannot alter CBA or constitution on 'Best Interest' standard.
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| Power of Commissioner - What powers he must have. | Must have:
1. Valid authority to act.
2. Compliance with due process (notice of allegation & fair opportunity to be heard.
3. Good Faith
4. powers that are inline with state & federal laws.
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| Power of Commissioner - Nature of power? | Powers are contractual in nature. Derived from league's constitution, bylaws, and operating rules.
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| Power of Commissioner - Finley v. Kuhn 1978 | 1. Commissh vetoed sale of Oakland players Fingers and Blue to the Red Sox and Yankees.
2. Court upheld because commissioner has broad power, contract language provided such, he acted in Good faith, had authority, and history of using that authority.
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| Power of Commissioner - Atlanta Braves v. Kuhn | 1. Commish only has power to give sanctions among authorized penalties for an offense (can't take 1st round pick)
2. Cannot ALTER CBA terms.
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| Role of Commissioner - 1 & 2 | 1. Create Fair & Impartial Authority to resolve disputes & to enforce Discipline.
2. Restrain Unwarranted Exercise of Power by League's owners to detriment of fans.
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| Role of Commissioner - 3 & 4 | 3. Serve as Centralized Administrative authority to facilitate efficient decision making & league governance.
4. Mediate between owners
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| Role of Commissioner - 5 & 6 | 5. Be lead negotiator for league-wide Contracts.
6. Be involved in labor disputes between players & owners.
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| Role of Commissioner - Discipline Acts | Discipline acts are not in 'Best Interests' of game.
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