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Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu Oct 2017

Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu

Pepperdine Dispute Resolution Law Journal

This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation of the Second Circuit’s …

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Philadelphia And Sports Law, Adam Epstein, Brian Halsey Aug 2017

Philadelphia And Sports Law, Adam Epstein, Brian Halsey

Adam Epstein

From birth to death and from race to Rocky, one would be hard-pressed to demonstrate that a city has had more of a cultural and legal impact on sports generally and sports law specifically than the city of Philadelphia. The purpose of this article is to introduce Philadelphia-based cases and incidents that have influenced sports law, sometimes at a national level. This piece serves historical, legal and pedagogical purposes, and we hope it will also serve as a springboard to further research regarding the City of Brotherly Love. Tort law and the criminal law are the most prevalent cases within …

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Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt Jan 2017

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Journal Articles

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players …

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Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger Jan 2017