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Sports Law

Judge Sotomayor Through The Lens Of Sports

In case you did not know, Judge Sonia Sotomayor is a nominee for the Supreme Court of the United States.  If she is confirmed by Congress, Judge Sotomayor will become the first Hispanic Supreme Court justice in the history of the U.S.  The confirmation hearings have been publicized by every major media outlet, and while her potential confirmation is a subject of politics, sports has found its way to be involved, as well.

Michael McCann is an Associate Professor of Law at the University of Vermont, and he is one of the most respected Sports Law Scholars in the country.  He was also a panelist at the 2009 UF Sports Law Symposium and has confirmed that he will be coming back for the 2010 Symposium.  In McCann’s latest law review note, he looked at whether Judge Sotomayor deserves the criticism she has received as of late, concerning her proclivity to craft opinions based on policy and a progressive agenda other than adherence to actual law.  Based on looking at a couple of sports-related cases, he posits that based on Judge Sotomayor’s stance in those two issues had nothing to do with compassion, and in fact, if anything, she was devoid of compassion.  McCann looks at the following cases in his note:

  1. Silverman v. Major League Baseball Player Relations Committee
  2. Clarett v. NFL

Download McCann’s essay here: Judge Sonia Sotomayor and the Relationship between Leagues and Players: Insightsand Implications.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.