ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Sports Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Media & Entertainment Law

: Sports Law Blog

"Let ?em Play"

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

ADVERTISEMENTS
Professor Mitchell N. Berman of the University of Texas School of Law has posted a new essay that may be of interest to some readers. ?Let ?em Play?: A Study in Sports and Law considers the potential arguments regarding whether officials should call infractions less strictly during the end of a close match than throughout the rest of the game.

The abstract for the essay is below:

Serena Williams was eliminated in the semifinals of last year?s U.S. Open when, having lost the first set and down 5-6 in the second, she was called for a second-serve foot fault that made it match point for Belgium?s Kim Clijsters. Williams?s explosive and profanity-laced protest of the call incurred a mandatory one-point penalty that gave Clijsters the match. Although nobody defended Williams?s outburst, professional commentators and ordinary fans did debate whether a foot fault should have been called, with many maintaining that the sport?s rules should be enforced less strictly given the critical juncture in the match, and others objecting that such a practice would violate what might fairly be described as basic rule of law principles.

Although the ending to the Williams-Clijsters match was unusually dramatic, the question it raises arises frequently in the world of sports. Many fans of basketball, football and hockey, for example, routinely urge the officials to ?let ?em play? or to ?swallow the whistles? in crunch time, while other observers wonder how such a practice could possibly be justified.

This essay explores whether it can be. In doing so, it draws on a wealth of popular, legal, and philosophical materials ? the common sayings ?no harm, no foul? and ?it cost us the game?; the material breach doctrine from contract law and tort law?s ?lost chance? doctrine; the mystery of objective singular probabilities and the Hartian distinction between duty-imposing and power-conferring rules; and much more. Its ambition is not merely to resolve this single ? surprisingly deep and rich puzzle ? but to birth a new field of sustained jurisprudential and legal-comparative study: the field of sports and law.


If you'd like to read the essay in its entirety, it is available to be downloaded here.

Full post as published by Sports Law Blog on September 01, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.004 secs (from cache 11/03/26 06:38:17)