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Sport law
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While completing the analysis on the movie Jerry Maguire the main components of the principal and agent relationship was the type of agreement they had and the duties in the agency relationship. The principal and agency relationship was not clear, therefore it caused issues between Jerry, the athletes, and the agency he used to work for (Sharp et al, 2014). In the movie, there were many young athletes, which were represented by Jerry and the agency he worked for. One athlete in particular was a high school football player named Cushman. Agents kept contacting him to represent him straight out of high school and completely disregarded any future plans to play at the collegiate level. The agent’s duties were stated as they were trying to negotiate contracts between a particular team and companies for endorsements. Throughout the movie, there were also legal issues …show more content…
Although the movie Jerry Maguire was a cinematic representation of a sports agency and what they do, it included some good examples of the material we have covered in legal aspects.
In chapter ten of Sport law: A managerial approach, it states an agency relationship has two components (Sharp et al, 2014). Manifestation by the principal and consent by the agent are the two components to the agency relationship. A client who wishes to be represented must communicate to the agent of their wishes and end the agreement with a written contract signed by both parties (Sharp et al, 2014). In the movie Jerry Maguire, he goes and visits a potential client in Texas. Once he discusses Cushman’s career with Cushman’s dad, he believes to be his agent, but has no written contract signed by both of them. Cushman’s dad tells him his word can be trusted and they don’t need a contract to validate the principal and agent relationship. Once they get to the NFL draft event, Jerry walks
Colleges, especially Yale, began soliciting young boys to act as football players with the outward appearance of students in exchange for a” free education and/or paid a salary” to increase their athletic departments.
These professors argue that student athletes, under common law and NLRB’s (National Labor Relations Board) employee criterion, do in fact fall under the classification of an employee (Cooper). Under common law, four tests determine if someone is an employee or not. Three of these rules are as follows: “(1) the right of others to control a person's activities; (2) whether that person is compensated; and (3) if that person is economically dependent on that compensation.” According to these guidelines the employer-employee relationship is plainly synonymous to that of coaches and student-athletes. For one, coaches have a significant amount of control over their student-athletes’ activities, two, athletic scholarship money is considered compensation, and third, student-athletes are highly dependent on these scholarships for their food, living, and education. Even after realizing that a student-athlete falls under what the law defines as an employee, we can agree that any D1 student-athlete who works upwards of 40 hours a week to perform at a high level of competition for the universities benefit is essentially working a full time job on top of school work
Abstract: Collegiate athletes participating in the two revenue sports (football, men's basketball) sacrifice their time, education, and risk physical harm for their respected programs. The players are controlled by a governing body (NCAA) that dictates when they can show up to work, and when they cannot show up for work. They are restricted from making any substantial financial gains outside of their sports arena. These athletes receive no compensation for their efforts, while others prosper from their abilities. The athletes participating in the two revenue sports of college athletics, football and men's basketball should be compensated for their time, dedication, and work put forth in their respected sports.
As in any other discipline that entails interaction with individuals, the aspect of ethics must include a conscious principle. To define ethics in its simplest form, it is known as the ability to distinguish right from wrong. In the movie, the sudden pressure from management drives the company’s salesmen to increase sales with no regards to ethics in order to maintain job security. All of the main characters had made their fair share of unethical decisions, out of desperation, to increase their sales and ultimately to keep their jobs. The degree of each decision can be left for viewers to determine the level of appropriateness based on their own values. Personally, although all characters have made unethical decisions, the most ethical salesman was Ricky Roma. Ri...
According to the NCAA regulations an athlete will lose his/her eligibility if they are paid to play; sign a contract with an agent; receive a salary, incentive payment, award, gratuity educational expenses or allowances; or play on a professional team. The word amateur in sports has stood for positive values compared to professional, which has had just the opposite. The professional sport has meant bad and degrading; while the amateur sport has meant good and elevating. William Geoghegan, Flyer News sports editor writes, “Would paying athletes tarnish the ideal of amateurism? Maybe, but being fair is far more important than upholding an ideal” (Geoghehan 1).
Recently college athletes have been granted permission to work, from the NCAA. Even with this permission, their jobs are still regulated. One regulation to the athletes working is that they cannot work for alumni of the school. The NCAA has this rule because they feel if athletes work for people with close ties to the school then they will be receiving special benefits while working. These special benefits include, (but are not limited to), athletes being paid while not at work and higher salaries then other workers doing the same job (Anstine 4).
Zimbalist, Andrew S. Unpaid Professionals: Commercialism And Conflict In Big-Time College Sports. Princeton, N.J.: Princeton University Press, 1999. eBook Collection (EBSCOhost). Web. 27 Mar. 2014.
Athlete Endorsements – What’s in a Name." The Business of Sports. Wordpress. Web. 12 Sept. 2011.
The agent is who performed the act. It refers to the people that perform the actions. Who are the actors?
One of the most popular and controversial topics in all sports, especially college sports, is the issue of whether or not college athletes should be paid for playing for universities. Debates over this dispute of pay for college athletes is common on sports and news channels. The current NCAA rules enforce what is called “Amateurism,” which in general terms means that athletes cannot be on professional teams and cannot be paid for the sport they play. However, the 2017-2018 NCAA rulebook also states that to be eligible for intercollegiate competition, athletes are not allowed to “play with professionals or agree to be represented by an agent” (NCAA 61) along with a few other restrictions. This rule and the controversy surrounding it has led
CHAPTER 3: ACTIONS THAT CONSTITUTE APPROPRIATION OF PERSONALITY RIGHTS This chapter delves into the actions and elements that amount to appropriation of personality rights of individuals which can well be extended to sports persons. It analyses the problem underlying appropriation and the economic interests attached thereto. It also focuses on the approach adopted by various Courts in how they determine the elements of appropriation as a tort. Introduction "That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection."
In the 1980s Sonny Vaccaro, also known as the “sneaker pimp”, began the exploitation of the commercial potential for college athletes. He brought companies to college sports by offering the institutions and coaches money for having their players wear sponsored shoes. He was the key factor in the relationship that harbored the first corporate entity that got involved with a coach and university, but he was far from the last. Many other companies followed Vaccaro’s example and began to sponsor college sports. The more money that came into sports, the smaller the gap between college and professional sports became.
It may be as simple as entering into an agreement with a college student to maintain a garden, or as complicated as consulting for financial or marketing services for a small business. In either case, it’s important that the contract for services be legally binding. The first step to consider is if the two parties entering into contract
They brought this antitrust class action against the National Collegiate Athletic Association (NCAA) in 2009 to challenge the association’s rules restricting compensation for elite men’s football and basketball players. In particular, Plaintiffs seek to challenge the set of rules that bar student-athletes from receiving a share of the revenue that the NCAA and its member schools earn from the sale of licenses to use the student-athletes’ names, images, and likenesses in videogames, live game telecasts,
Sports organizations misuse and abuse their public funding and player profitability, a problem that can be seen at both amateur and professional