Advanced Introduction to Global Sports Law (hereinafter, Global Sports Law) is a new title in Edward Elgar's Advanced Introduction series of short treatises aimed at practitioners and students. Global Sports Law focuses on comparing two legal approaches to organized sport: (1) the decentralized, privately-run approach of North American professional leagues (e.g., Major League Baseball) vs. (2) the global integrated approach of centralized national and international governing boards used largely in Europe (e.g., FIFA and UEFA for soccer).
In the preface, Ross notes that the book's focus is on “selected topics that raise issues particular to sport” and that “much of the the general work of sports lawyers (i.e., general tort risks, contracts not related to athletes’ employment, real estate law for stadiums) is not addressed in the book.” Instead, the focus of the book is on “how law operates to facilitate or constrain the operations of private sporting entities.”
The book is divided up into several chapters that address (1) models of sports governance and national governing boards; (2) intellectual property and contracts; (3) preserving sporting integrity, including athlete safety, gambling, and doping; (4) competition and monopoly power in labor contracts, agents, and broadcast; (5) human rights; and (6) sports arbitration.
Ross explains the fundamental differences between European-style National Governing Boards (NGBs) and North American professional leagues by starting with the history and goals of organized sport. Sport in European countries exists as a “public good” serving state goals, such as military preparedness, national pride, and public health. In contrast, professional leagues in North America are considered to be entertainment providers. Accordingly, this difference is reflected in the centralized way that NGBs regulate and promote a particular sport at all levels: children's activities, amateur leagues, and professional and international leagues. Indeed, some children's soccer leagues feed directly into the professional teams. In the North American system, professional leagues are much more decentralized—they are individual teams with profit-seeking owners who come together as a joint venture. In addition, all the levels of sport are regulated separately with no centralized authority. For example, children's baseball is run by Little League, Babe Ruth League, PONY Baseball, etc.; public schools by the National Federation of State High School Associations; college baseball by the NCAA; high-level amateur international play by USA Baseball; and professional by Major League Baseball.
Although the majority of Global Sports Law focuses on existing law and doctrine, Chapter 2 sets forth Ross's argument as to what an “ideal” NGB should look like. Ross argues that NGBs should focus on the charitable functions of the development of recreational, grass-roots sport, as well as the elite opportunities that professional clubs are unlikely to provide. NGBs should act as “charitable trusts” to promote health and social opportunities, social mobility for athletes without the means for private development, and social inclusion to fight intolerance, racism, violence, and drug abuse.
Overall, Global Sports Law makes a good introduction to comparative sports law and to the variety of legal issues players, teams, and leagues (or NGBs) face. A significant shortcoming of the book is that none of the cases mentioned in the text have citations, indications of jurisdiction, or any other information other than title and date that could assist the reader in locating these primary legal sources. Also absent is a table of cases. In contrast, secondary sources, such as journal articles are cited in the endnotes to each chapter. This lack of finding aids for cases is a critical omission in a book aimed at the student or non-specialist practitioner who would likely use the book as a launching point for their own research. Hopefully, this shortcoming will be corrected in a future edition.
The views expressed herein are solely those of the author and do not reflect the opinion of the Law Library of Congress or the Library of Congress.
