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Why Sports Law?

Sherman J. Clark , University of Michigan Law School Follow

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This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted with the relatively unique world of sports. This in turn forces scholars, students, and courts to think more deeply about the law—and in the process facilitates that deeper thought.

This essay first describes some of the things that make sports relatively unique and therefore challenging to the law. The bulk of this essay then addresses three specific areas of law: 1) antitrust, 2) trademark, and 3) sex discrimination. These three contexts are used to highlight and illustrate the ways in which sports law can call upon us to rethink what we think we know—and thus can help deepen and clarify our thinking. This essay concludes by suggesting that teachers and scholars of sports law should try to tap the intellectual and pedagogical potential the subject offers.

Recommended Citation

Clark, Sherman J. "Why Sports Law?" Stanford Law and Policy Review 28, no. 2 (2017): 151-180.

Since August 16, 2023

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Sports and the Law

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First Published in 1999. This is a collection of essays looking at the continuing growth and significance of Sports Law. Among the tokens of the flourishing of sports law during the past two decades are the publication of specialized treatises, articles on facets of sports law in traditional law reviews, appearance of legal journals or reviews devoted solely to sports law, and courses on the subject in law schools. Sports and the Law: Major Legal Cases should attract the interest of a variety of audiences. Authorities in the field of sports law will want to examine how their colleagues as well as non- specialists treat specific cases and broader issues. Also, lawyers who lack familiarity with sports law may desire an introductory exposure to the rapidly expanding field. Each essay ends with a selected bibliography.

TABLE OF CONTENTS

Part one | 52  pages, sports law: liability and legislation, chapter | 5  pages, tortious impact, chapter | 3  pages, in jeopardy, negligence and liability, chapter | 4  pages, the coach's legal duty to properly instruct and to warn athletes of the inherent dangers in sport, chapter | 6  pages, injustice uncovered worker's compensation and the professional athlete, fans strike out with foul ball litigation, the application of the attractive nuisance doctrine to sport, not the same game, sports versus the sabbath, chapter | 8  pages, amateurs, professionals, and eligibility for americans in the olympics, fading in the stretch, part two | 93  pages, sports law: the regulation of organized sports, chapter | 7  pages, the ncaa and the courts, books and bulldogs, switzer, a sooner scofflaw, the win at any price syndrome, to play or not to play, two all-pros collide with the football commissioner, commissioner kuhn victorious over owner finley, george steinbrenner's bronx zoo, chapter | 14  pages, in the groove, chapter | 10  pages, baseball's big inning, beating the spread, jack molinas, fast balls and fast bucks don't mix, a gridiron hero self-destructs, charlie the hustler and the hall of saints, fantasy sports and the law, part three | 98  pages, sports law: the rights of players and owners, chapter | 17  pages, when a professional sport is not a business, let the bidding begin, baseball owners called “out” for collusion, joe kapp's fight for free agency, tight end mackey blocks commissioner rozelle, “these people just plain don't like each other”, oscar robertson, the letter of intent and collegiate athletes, agents, athletes, and academics, minnesota gopher basketball, sports broadcasting, the land of the free disputes homes for the braves, chapter | 9  pages, fear, attack, and pressure, colts gallop to indianapolis, the nfl-afl merger, part four | 47  pages, sports law: racial and gender discrimination, wyoming's “black fourteen”, white ball/black ball, the stone left unturned, the quest for gender equality, chapter | 12  pages, let's play, too, little league baseball, barely there, major league baseball called for balk.

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Kicking goals in sports law

As the winner of a highly competitive award in sports law research, uq final year law student sarah copley shares her experience presenting her essay at the australian and new zealand sports law association conference and the reasons she decided to focus her research on ‘cyborg athletes’. with a bachelor of business management/laws almost under her belt, sarah says she will remember this award as one of the proudest and most rewarding moments of her time at uq..

The conference room is brimming. Sitting there is the legal counsel for the Australian Olympic Committee. And there is the CEO of the National Rugby League Players’ Association. In the corner is a world-leading researcher. At the front is a Paralympian. From where I stood at the lectern, I could see them all. Little old me, an undergraduate Law and Business Management student from the University of Queensland. Talk about being out of my league.

When I met Associate Professor Sarah Kelly to discuss a topic for my Advanced Research project I did not anticipate that I would receive the Paul Trisley Award for my paper and go on to present my original research at the Australian and New Zealand Sports Law Association (ANZSLA) Conference. It was the greatest honour to attend the conference, and an experience I will benefit from through my career.

I leapt at the opportunity to be supervised by Sarah – a powerhouse in sports law and marketing; a brilliant and generous person; and, much to the excitement of this avid football fan, a Board member at the Brisbane Lions. We discussed the current controversies in sports law. The issues of fair play, integrity, diversity and inclusion. My mind latched onto the idea of ‘cyborg athletes’. Developments in technology have allowed disabled athletes to compete in their chosen sport. The most (in)famous example is Oscar Pistorius who ran using two prosthetic blades. What happens when use of this assistive technology surpasses what the human body can do? Is that already a reality? And what does this mean for sport? So, a research topic began to take shape.

As a law student, I explored this issue through a legal lens. The beauty of sports law is that it touches on so many other disciplines and fields of law. For example, my topic covered international human rights law, domestic law such as anti-discrimination legislation and the rules of sport themselves. My research looked at how to regulate the use of assistive technology by disabled athletes. I asked the question, at what point does a technology, which is essential for a person with a disability to perform in their sport, create an unfair advantage?

There are no easy answers on how to strike a balance between fairness and inclusivity when determining the eligibility of a disabled athlete to compete alongside able-bodied athletes. This was something my research had to grapple with. Perhaps one way to address the problem is to ask whether the athlete using the assistive technology is playing the same game as an athlete without it? This sort of approach requires a lot more research in the sports science space.

Thanks to advancements in technology and evolving social standards, the face of sport is constantly changing. The rules tend to struggle to keep up with this change. There is never a dull day in sports law because we will always be asking how does this new situation sit with the existing law, and how can we make it better. This is the work that members of the Australian and New Zealand Sports Law Association are doing every day. Standing at the lectern in front of these lawyers, administrators and academics who have a passion and expertise in sport, sharing my ideas on how to reform the law, will forever be my proudest achievement of my time at UQ.

The Paul Trisley Award is made to a person who has never presented at an ANZSLA event or been previously published in the ANZSLA Journal, who, in the opinion of the judges, produces the best paper. The judging takes into account the paper's accuracy, originality, practical value to sports administrators and lawyers, and its academic quality.

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Sport and Law: An Article and Case Analysis Essay (Critical Writing)

• To find inspiration for your paper and overcome writer’s block
• As a source of information (ensure proper referencing)
• As a template for you assignment

The article “The Use of Salary Caps in Professional Team Sports” by Davies and the selected case “Avellino v All Australian Netball Association [2004] SASC 56” expose the alleged connection between sport and law. Sporting activities demand stringent regulations for efficient execution. It is from this context that the entire arguments emerge.

The use of law to gain justice is an evident phenomenon in the realms of sport. While critically reflecting on the matter, it is crucial to note that AFL and NRL have adopted the use of Salary Cap to eliminate unfairness in sports with respect to payments, transfer of players, and participation (Davies 2006, p. 247). As stipulated in the article, it is important to argue that players should be compensated competitively according to their performance and the nature of contracts they assume.

The core argument of both provisions is the aspects of justice in the realms of payments, contracts, transfers, and performance. This regards the as sport and law. From the case, it is notable that some systems are unreasonable since they act as a hindrance to the growth of players and their ability to sign new contracts with preferred employers (clubs). This provision augments the understanding concerning sport and law. Contextually, both factors have expanded the comprehension of various issues.

Critically, the law protects various issues ranging from compensation disputes to unfairness noticed among some clubs. From the case provided, it is evident the aspects of training, contracts, and other relevant provisions should not deny players the opportunity to find employment/contracts with other clubs. This indicates how the law and sport relate (SASC 2004, p. 1). The viability of sport and its other provisions depend on the conventional and territorial laws.

Critically, the aspects of pay are prominent in the article with various legal arguments fronted. These are supported by the case provided. Conclusively, what is important is that the two provisions (article and the case) have endeavored to enhance the comprehension of how sport and law relate in a decisive manner.

Concurrently, the article and the case provided for this part enhance the understanding of various aspects of sport and law. This is a critical provision when considered decisively. Evidently, doping is a condemned act in the realms of sporting activities (RVBA 2001). Players are discouraged from the act through various means. In fact, there are stringent legal provisions against such scorching practices in sports. On critical reflection of the matter and other provisions of the course, it is crucial to note that the law discourages various aspects of unfairness during sporting activities. This is also evident in the case provided.

The core argument in this context is that the law (in sport) thwarts all non-competitive acts in order to establish and embrace neutrality. It is notable that WADA discourages the aspects of inadvertent doping (Amos 2007, P. 1). Using illegal means to enhance performance is an improper act; nonetheless, the act is rampant among players.

This provision augments the understanding that sport collaborates with legal frameworks (law) in order to embrace competitiveness and fairness among the concerned participants as indicated earlier. Critically, it is crucial to note that various aspects of the law are congruent with sporting activities in the realms of guidance as stipulated throughout the course. This is a significant provision when given a critical approach. The need to embrace fairness and competitiveness in sporting activities have steered the entire legal structures evident from both the article and the case.

List of References

Amos, A 2007, Inadvertent Doping and the WADA Code . Web.

Davies, C 2006, Use of salary caps in professional team sports and the restraint of trade doctrine , Journal of Contract Law , vol. 22 no. 3, pp. 246-267.

RVBA 2001, South v RVBA [ac al 131200] [2001] VCAT 207. Web.

SASC 2004, Avellino v all australia netball association ltd no. scciv-03-912 [2004] sasc 56. Web .

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IvyPanda. (2022, May 2). Sport and Law: An Article and Case Analysis. https://ivypanda.com/essays/sport-and-law-an-article-and-case-analysis/

"Sport and Law: An Article and Case Analysis." IvyPanda , 2 May 2022, ivypanda.com/essays/sport-and-law-an-article-and-case-analysis/.

IvyPanda . (2022) 'Sport and Law: An Article and Case Analysis'. 2 May.

IvyPanda . 2022. "Sport and Law: An Article and Case Analysis." May 2, 2022. https://ivypanda.com/essays/sport-and-law-an-article-and-case-analysis/.

1. IvyPanda . "Sport and Law: An Article and Case Analysis." May 2, 2022. https://ivypanda.com/essays/sport-and-law-an-article-and-case-analysis/.

Bibliography

IvyPanda . "Sport and Law: An Article and Case Analysis." May 2, 2022. https://ivypanda.com/essays/sport-and-law-an-article-and-case-analysis/.

• Sports Law Essay Competition

Posted by The Law School

Launches Monday 12 February

Closes 0900 monday 25 march.

Littleton Chambers is holding its second  Sports Law Essay Competition .  A video on the competition can be found here.

Littleton Chambers is a leader in the field of sports law and regulation and recently won the Legal 500 2023 “Sports Set of the Year” award. One of their practitioners is the Legal 500 2023 “Sports Junior of the Year”.

Barristers at Littleton often contribute to the legal discourse in sport by interacting with sports personalities and organisations through written work. The Sports Law Essay Competition provides budding lawyers with a unique opportunity to broadcast their ideas to the wider sporting community and, thereby, improve regulation and governance in sport.

The essay competition question will be announced on  Monday 12 February  on their  website which can be found here.

The deadline for submission is  0900 on Monday 25 March 2024.

Cash prizes and a mini pupillage will be awarded to the entrants who author the top three essays.

• Opportunities

Sports Law Essays

Sports law: coaches, popular essay topics.

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Sports Law Essay Competition 2024

About Chambers and the Competition

Littleton Chambers leads in the field of sports law and regulation. Littleton recently won the Legal 500 2023 “Sports Set of the Year” award and it includes the Legal 500 2023 “Sports Junior of the Year” amongst its practitioners.

Barristers at Littleton often contribute to the legal discourse in sport by interacting with sports personalities and organisations through written work. The Sports Law Essay Competition provides budding lawyers with a unique opportunity to broadcast their ideas to the wider sporting community and, thereby, improve regulation and governance in sport.

Entrants to this year’s competition are tasked with addressing a growing phenomenon in European sport: the application of human rights and referrals to the ECtHR. The essay title, rules (including how to submit and marking criteria), and prizes are set out below. Competition entrants should note that arguments, themes and ideas which evidence original thought are highly prized, although it is unlikely that a wholly original theory can be developed within the short word-limit of the essay.

The deadline for submission is 9 am on Monday 25 th March 2024

The Essay Title

“Sport participation is a privilege, not a right”. To what extent is the European Court of Human Rights’ interference with competition rules and sports regulations good for sports governance?

Eligibility

• The competition is open to all students registered at a UK university (including those reading for the LPC, SQE or the Bar), all students registered on the ICCA’s Bar Vocational Training Course, and trainee solicitors.
• Employees of Littleton Chambers are excluded from the competition.
• Essays must be between 1,500 and 2,500 words including references.
• The contents of the essay should be in English and typed in a legible font, in font size 12, with 1.5 or double-lined spacing.
• No particular style manual (eg OSCOLA) is prescribed, but style, format and references should be clear and used consistently throughout the essay so as not to detract from the content.
• The essay must be the sole creation and work of the competition entrant and must not have been submitted to any other body, person or organisation for publishing or examination.
• The essay must not contain the author’s name, university, or law firm. These details should be included in the body of the email to which the essay is attached (see below).
• The deadline for submission and entry into the competition is 9 am on Monday 25 th March 2024 .
• Educational institution or firm; and
• Contact telephone number.
• Essays which do not meet the above requirements or are not submitted in the above manner shall not be considered and shall be removed from the competition.
• Entrants are also encouraged to complete and attach with their submission our diversity monitoring form which can be found here. Information contained in these forms is anonymous and will not affect the outcome of the competition or be used in the assessment of essays.
• Each essay shall be read and marked by two barristers from Littleton’s Sports Law Group.
• Up to 15 marks for original thought and ideas, i.e. to what extent does the essay touch upon or introduce new ideas, themes or arguments?
• Up to 15 marks for relevance, i.e. how well does the essay address the topic/title and issues in question?
• Up to 10 marks for structure, i.e. how persuasive and intelligible is the essay’s structure?
• Up to 10 marks for phrasing and grammar ie to what extent do words and phrases used enhance or detract from the arguments, themes and ideas in the essay?
• The essays with the top five highest average marks shall be considered by a panel of five barristers from Littleton’s Sports Law Group. The panel of five shall use the above marking criteria as a guide to selecting three winners from those five essays to receive the prizes.
• By submitting the essay, the entrant authorises Littleton Chambers (its members and staff) to use and publish the essay if and as it/they see/s fit.
• Further, the entrant authorises Littleton Chambers (its members and staff) to edit or modify the essay as it/they see/s fit prior use or publishing.

Prizes and Winners

• The first place prize is £750 and an Inspire Sports Law mini-pupillage at Littleton Chambers;
• The second place prize is £500; and
• The third place prize is £250.
• Winners will be contacted by email in the first instance and will be announced on Chambers’ website and social media channels.
• Whilst Littleton Chambers is grateful to all who participate in the competition, feedback will not be provided to those entrants who did not win.

Related Members

National Sports Law Student Writing Competition

The goal of the  National Sports Law Student Writing Competition  is to encourage law student scholarship on current topics in sports law. Any law student in good standing who is currently attending an accredited law school within the United States and its territories may enter the competition. The winner of the writing award receives an invitation to attend the National Sports Law Institute's annual conference ( currently scheduled to take place on Friday, October 18, 2024 ) at no cost, and an offer to publish in an issue of the  Marquette Sports Law Review . 

ELIGIBILITY: Any law student in good standing who is currently attending an accredited law school within the United States and its territories, or has completed their law degree on or before June 3, 2024, may enter the competition.  All submissions must be original and unpublished student work that has been produced after September 1, 2023, in other words, work written during the 2023-2024 academic year. Such works could be papers written for a law school course or unpublished student comments written as a membership requirement for a law journal or review.  Submissions to this competition cannot be submitted for publication consideration to any publication until the review process is complete for this competition.

REVIEW PROCESS

All submissions will be reviewed by the National Sports Law Institute's Editorial Advisory Board made up of past Editors-in-Chief of the  Marquette Sports Law Review   and  Marquette Sports Law Journal .  The review of submissions will be a blind review, meaning that no author names will be included within the articles being reviewed.  No current Marquette University Law School student or faculty member will take part in the review process.  The winner of the competition will be notified by email.

2024 COMPETITION GUIDELINES & ENTRY:

1.      Students may submit manuscripts focused on any current legal issue in the sports industry.

2.      Submissions must follow the  Marquette Sports Law Review's  Guidelines for Authors found  online here .  In general, a submission should be at least 20 and no more than 30 pages long.   All submissions must follow the citation format provided in the 20th edition of the Harvard Citator.  In addition,

• The author's name should not appear within the submission,
• Do not include a title page, instead, the title of the submission should only appear at the top of the first page of the submission, and
• Submissions will only be accepted if produced in Microsoft Word.  Do not send a PDF.

3.      The National Sports Law Institute will verify that your submission has been accepted by email within 10 days of submission.

4.       All submissions to the 2024 competition must be received by Monday, June 3, 2024.

5.       Submit your article to the 2024 competition on the webform found here .

QUESTIONS:  Please send all questions to the National Sports Law Institute by email to  [email protected] , subject line “2024 National Sports Law Student Writing Competition .”

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Big Law and Big Sports: More Money, Law Firms and Work

"The issues have become far more complex, the stakes far more significant, and the players far more global and institutional,” noted Paul Weiss chair Brad Karp.

June 24, 2024 at 05:00 AM

9 minute read

Law Firm Profitability

Patrick Smith

Share with email, thank you for sharing, what you need to know.

• A flurry of newer rules in team ownership, as well as increased sports litigation and investment, has set off more opportunities for more law firms.
• Investment in women's sports leagues and teams will lead to more legal work.
• Legal matters tied to the NCAA and student athletes is leading to a 'Wild West' for lawyers and the courts.

More law firms are betting on growing their sports practices amid recent changes in amateur and professional sports, finding it hard to ignore the multi-practice work that teams and leagues can bring to lawyers.

Employment and antitrust issues in name, image and likeness licensing for NCAA athletes. Private equity investment in teams and leagues. The skyrocketing investment in elite women’s sports. Changing media rights deals that will be in the tens of billions.

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Northwestern releases report on athletics accountability and culture, implementation plans

• University News

Northwestern University today released the full report by law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, which has spent the past 11 months conducting an independent review of the processes and accountability mechanisms in place at the University to detect, report and respond to potential misconduct in its athletics programs, including hazing, bullying and discrimination of any kind.

In July 2023, President Michael Schill and Combe Family Vice President for Athletics and Recreation Dr. Derrick Gragg announced a series of steps to uphold student-athlete safety and ensure that our athletics program is fully aligned with and reflects University values. They commissioned an independent review, led by former U.S. Attorney General Loretta Lynch, to examine the culture of Northwestern Athletics and its consistency with the University’s mission and values as a leading academic institution.

The report states “the results of our review have been largely positive,” but lists a number of recommendations for the University, including areas in which improvements can be made.

In the report’s Executive Summary , the review team says it “observed a commitment by the University and Athletics Department to the well-being of their student-athletes,” and that “many of the student-athletes who participated in our review expressed great appreciation for the resources made available to them at Northwestern, and generally spoke highly of their college athletic experience there.”

The hope, the report says, is that the team’s recommendations “will only enhance the Northwestern student-athlete experience.”

Northwestern is providing details about its plans to respond to the report’s recommendations this summer and fall, as well as updates on progress made over the last year to meet the changing needs and expectations of the student-athlete population.

Independent review

Beginning in July 2023, Lynch and her team engaged extensively with various stakeholders, conducting interviews with more than 120 people, including current and former student-athletes, non-athlete students, coaches, Athletics administrators and staff, faculty, University administrators and trustees. They thoroughly examined relevant documents and data, including University and Athletics department policies and procedures.

The report highlighted Northwestern’s commitment to fostering a positive student-athlete experience. The reviewers noted that Northwestern’s Athletics culture is defined by a commitment to both academic and athletic excellence, highlighting the combination of elite academics and Big Ten athletics as a key point of pride for students and staff alike.

“As a university, we remain steadfast in our commitment to fostering a safe and inclusive environment for all members of our community, including student-athletes,” said Northwestern President Michael Schill. “I am proud that Attorney General Lynch and her team found a robust culture within Athletics that is exemplary of the values we seek to uphold at Northwestern. Their diligent examination of the Athletics culture is an instrumental part of our path towards continuous improvement, and we are committed to implementing their recommendations.”

The reviewers identified several areas for improvement, primarily focused on strengthening communication channels between student-athletes, coaches, and Athletics department staff and leadership with University administrators and faculty and introducing new resources to bolster reporting mechanisms. The recommendations from the report are as follows:

• Develop guidance on engagement between faculty and coaching staff to build stronger relationships, while preventing undue influence on academic results.
• Establish a clear mandate for the existing Committee on Athletics and Recreation (CAR), a committee comprised of faculty members; publicize its mandate and role; and modify the selection process and term length for its membership.
• Establish a new student-athlete feedback program, including strengthening the existing exit interviews of graduating student-athletes and student-athletes who have exhausted their NCAA eligibility.
• Develop a resource guide that outlines the reporting process within the Athletics department to educate student-athletes and Athletics department staff on the resources available to them and to foster trust in the reporting system.
• Foster greater responsiveness and accountability related to reports of potential misconduct, including by strengthening a process for following up with complainants and implementing a new technological reporting tool to supplement existing anonymous reporting channels.
• Standardize and specify the responsibilities and obligations of sports administrators.
• Coordinate, integrate and streamline the various bodies and resources focused on addressing hazing issues across the University, including by enhancing hazing prevention training and information available to coaches.
• Create a new position within Athletics focused on the student-athlete experience and reporting mechanisms or ensure that staff with these responsibilities have the guidance and support needed for success.

“Throughout our review process, Northwestern University was cooperative and transparent, which allowed us to gain a comprehensive understanding of its operations and culture,” Lynch said. “We are hopeful that our recommendations will help the University reinforce its commitment to fostering accountability and ensuring the well-being of its student-athletes.”

Implementation plans

In response to the findings, the University has established several implementation workgroups. Northwestern faculty and Athletics staff, including head coaches, will serve as members and will be consulted when appropriate. Their work has begun to ensure progress over the summer ahead of the new academic year.

• Reporting systems workgroup : Will address recommendations related to reporting systems, the coordination of reporting functions and fostering a culture of speaking up if misconduct occurs.
• Anti-hazing workgroup : Will develop a comprehensive approach to hazing prevention, training and response.
• Committee on Athletics and Recreation (CAR) workgroup : Will reevaluate CAR’s mandate, governance and membership.
• Faculty and athletics engagement workgroup : Will develop opportunities for faculty and Athletics staff, particularly coaches, to build stronger and more trusting relationships in support of our student-athletes.

“Our top priority is providing the best possible experience for our student-athletes, both academically and athletically,” Dr. Gragg said. “We cannot do this without being open to continuous learning and improvement. The Department of Athletics and Recreation takes the findings of the review seriously and is eager to apply these lessons towards enhancing our programs and support systems.”

University and Athletics department representatives will partner on additional work to address other recommendations from the review not included in these workgroups.

Advancements to address hazing or misconduct

The University has taken several actions to address hazing or misconduct within its Athletic programs over the past year.

Northwestern has procured RealResponse, a tool used by dozens of peer athletics departments, to survey and track issues raised by student-athletes. The platform will be rolled out this summer and paired with additional anonymous reporting functionality through the existing EthicsPoint portal.

Northwestern also has implemented additional anti-hazing training requirements for student-athletes, including a focus on bystander intervention; placement of QR codes in all Athletics facilities linking to wellness and safety resources on NUHelp; and a new comprehensive portal of reporting options at the University. Athletics has also created a new position, the Associate Athletics Director for Sports Administration, that provides strategic oversight and leadership to Northwestern’s 19 varsity programs.

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Following the progress on ryan field construction.

New York county passes law to restrict trans girls and women from sports venues

The legislature of New York’s Nassau County passed a law on Monday to ban women’s and girl’s sports teams from using sports facilities in the county on Long Island unless they exclude transgender girls and women from playing.

The law was virtually identical to a thwarted order issued by Nassau County Executive Bruce Blakeman, a Republican, in February, which was  immediately challenged  by New York’s attorney general and a local women’s roller-derby team for violating a state ban on discrimination against people based on their sex or gender identity.

Blakeman’s order, which he said was needed to allow cisgender girls and women the fairest chance to win sporting events, was thrown out by a New York court, which ruled last month that only the county legislature had the power to make such a change.

Under the new law, which Blakeman is expected to sign, if an organizer of girls’ or women’s sports wishes to book a county-run park or athletics facility, they must ask each member of the teams involved what sex was marked on their original birth certificate, and expel any teammates who were not designated female.

The restrictions do not apply to boys’ and men’s teams, nor to mixed teams not segregated by sex in Nassau County, a largely suburban chunk of Long Island east of New York City.

Victoria Lagreca, a lawyer in the Nassau County attorney’s office, defended the law by pointing to four episodes in recent years in which cisgender women or girls were injured while playing sports alongside transgender women or girls. Two of the episodes were in Massachusetts, one in North Carolina, and the fourth occurred in Canada.

In response to lawmakers’ questions, she said she was not aware of any such injuries in New York State, nor of how many instances there were of cisgender girls and women causing injuries in sports. Lagreca was unable to say how breaches of the law would be handled, nor how the county might investigate allegations of violations from members of the public, other than to say such complaints would be handled on a “case by case basis.”

The Republican-controlled Nassau County Legislature passed the law in a 12-5 vote after a hearing in which more than a dozen members of the public spoke to oppose the ban.

New York Attorney General Letitia James has called the restrictions both illegal and transphobic. Civil rights groups have also condemned the effort as illegal discrimination and a needless invasion of people’s privacy.

In 2020, the U.S. Supreme Court ruled that discrimination on the basis of sexuality or gender identity amounts to illegal sex discrimination under the Civil Rights Act.

The New York Civil Liberties Union has said it will likely resume its litigation against the Nassau restrictions on behalf of the Long Island Roller Rebels, a women’s roller derby team belonging to a league that welcomes “all transgender women, intersex women, and gender expansive participants.”

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Elektrostal , city, Moscow oblast (province), western Russia . It lies 36 miles (58 km) east of Moscow city. The name, meaning “electric steel,” derives from the high-quality-steel industry established there soon after the October Revolution in 1917. During World War II , parts of the heavy-machine-building industry were relocated there from Ukraine, and Elektrostal is now a centre for the production of metallurgical equipment. Pop. (2006 est.) 146,189.

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Thou Shalt Not Post the Ten Commandments in the Classroom

By David French

Opinion Columnist

There is a certain irony in the bravado about the Ten Commandments from Gov. Jeff Landry of Louisiana. On Saturday he told attendees at a Republican fund-raiser, “I can’t wait to be sued.” Clearly, he knows that the Supreme Court previously ruled against mandatory displays of the Ten Commandments in the classroom. In a 1980 case, Stone v. Graham , the Supreme Court struck down a Kentucky law that required the posting of the Ten Commandments, purchased through private donations, in every public school classroom in the state.

A Louisiana law requiring the display of the Ten Commandments in every public classroom in the state defies this precedent, so, yes, the state will be sued .

But Landry’s comments didn’t stop with bravado. He also said something else. “If you want to respect the rule of law,” he told the guests, “you’ve got to start from the original lawgiver, which was Moses.” To teach respect for the rule of law, he’s defying the Supreme Court? That’s an interesting message to send to students.

It’s consistent with an emerging Republican approach to constitutional law. Just as many Republicans view their constituency as composed of the “real” Americans, they tend to believe their interpretation of the Constitution represents the “real” Constitution. So we’re seeing a flurry of culture-war-motivated state laws , many of them aimed at the First Amendment, that confront precedent.

The Dobbs decision gave some Republicans hope for radical change, but reversing Roe has not signaled open season on the court’s rulings. Republicans’ challenges to the Voting Rights Act failed , the independent state legislature theory foundered , and efforts to expand the standing doctrine to limit access to the abortion pill faltered. Even so, it’s premature to declare that the Supreme Court is frustrating the MAGA right.

Altering constitutional law is not the only motivation here; a version of Christian mysticism is also in play. There is a real belief that the Ten Commandments have a form of spiritual power over the hearts and minds of students and that posting the displays can change their lives.

I’m an evangelical Christian who believes in God and the divine inspiration of Scripture, but I do not believe that documents radiate powers of personal virtue. I happened to grow up in Kentucky and went to classes before the Ten Commandments were ordered removed, and I can testify that the displays had no impact on our lives. My classmates and I were not better people because of the faded posters on the walls.

David French is an Opinion columnist, writing about law, culture, religion and armed conflict. He is a veteran of Operation Iraqi Freedom and a former constitutional litigator. His most recent book is “Divided We Fall: America’s Secession Threat and How to Restore Our Nation .” You can follow him on Threads ( @davidfrenchjag ).

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The Supreme Court Walks Back Clarence Thomas’ Guns Extremism

This is part of  Opinionpalooza , Slate’s coverage of the major decisions from the Supreme Court this June. Alongside  Amicus , we kicked things off this year by explaining  How Originalism Ate the Law . The best way to support our work is by joining  Slate Plus . (If you are already a member, consider a  donation  or  merch !)

The Supreme Court upheld a federal law disarming domestic abusers on Friday, significantly narrowing a radical 2022 precedent in the process. Its 8–1 ruling in U.S. v. Rahimi is a major victory for gun safety laws, a much-needed reprieve after two years of unceasing hostility from the federal judiciary. Chief Justice John Roberts’ majority opinion walked back maximalist rhetoric—recklessly injected into the law by Justice Clarence Thomas—that had imperiled virtually every modern regulation limiting access to firearms. Thomas was the lone dissenter, signifying the rest of the court’s mad dash away from his extremist position on the Second Amendment.

Rahimi involves a violent criminal, Zackey Rahimi, who beat his girlfriend, then fired shots at either her or a witness as she fled his abuse. His girlfriend subsequently obtained a restraining order from a state court that found that he posed “a credible threat” to her “physical safety.” Rahimi, however, continued harassing her, threatened a different woman with a firearm, and was identified as the suspect in at least five additional shootings. When the police searched his apartment, they found a pistol, a rifle, ammunition, and a copy of the restraining order.

Rahimi was indicted under a federal law that bars individuals from possessing firearms while subject to a restraining order for domestic violence. He argued that this statute violated his Second Amendment rights, and the U.S. Court of Appeals for the 5 th Circuit agreed . The court rested its analysis on New York State Rifle and Pistol Association v. Bruen , the Supreme Court’s 2022 decision establishing a constitutional right to carry firearms in public. Thomas’ opinion in Bruen , though, went much further than that specific holding, declaring that all restrictions on the right to bear arms are presumptively unconstitutional unless they have a sufficient set of “historical analogues” from the distant past. (He didn’t bother to clarify the precise era, but it seemed to be sometime between 1791 and 1868.)

That approach posed two fundamental problems, which the lower courts quickly encountered when trying to apply Bruen : First, judges are not historians and cannot parse the complex, often incomplete record in this area with any consistency or reliability; and second, modern problems require modern solutions , especially when past bigotry prevented lawmakers from perceiving those problems in the first place. Rahimi is Exhibit A: Men were generally permitted to abuse their wives in the 18 th and 19 th centuries, with courts hesitant to interfere with what they deemed a private “familial affair.” Countless other examples have arisen in the lower courts since Bruen , with judges creating new rights to scratch the serial number off guns and own firearms while using illegal substances .

Roberts attempted to put a stop to this chaos on Friday. His Rahimi opinion cut back Bruen at every turn. “Some courts,” the chief justice wrote, “have misunderstood the methodology of our recent Second Amendment cases. These precedents were not meant to suggest a law trapped in amber.” Rather than hunt for perfect historical analogs, courts should ask “whether the challenged regulation is consistent with the principles that underpin our regulatory tradition.” If old laws regulated guns to “address particular problems, that will be a strong indicator that contemporary laws imposing similar restrictions for similar reasons fall within a permissible category of regulations.” Today’s regulations should generally avoid imposing restrictions “beyond what was done at the founding,” but the modern law need not “precisely match its historical precursors.” Roberts’ test significantly broadens (or perhaps loosens) the constitutional inquiry beyond what Bruen allowed. It instructs courts to look at principles , at a fairly high level of generality, rather than demanding a near-perfect match from centuries past.

The difference between Rahimi and Bruen is perfectly captured by Roberts’ majority opinion and the lone dissent written by Bruen ’s own author, Thomas. The chief justice asserted, “The government offers ample evidence that the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others.” He breezily walked through a smattering of history allowing for the seizure of arms to preserve “public order.” For proof, Roberts cited surety laws, legislation that required an individual “suspected of future misbehavior” to post a bond, which he would forfeit if he engaged in misconduct. Domestic abusers could, in theory, be subject to the surety system, as could individuals who misused firearms—and that was good enough for Roberts. To him, this evidence established a historical practice of “preventing individuals who threaten physical harm to others from misusing firearms.” And disarming abusers “fits comfortably within this tradition.”

To Thomas, by contrast, surety laws “are worlds—not degrees—apart” from the law in question, because they were civil (not criminal) measures that did not actually disarm people but merely threatened them with a fine. These laws “did not alter an individual’s right to keep and bear arms,” Thomas protested, and they therefore failed to establish a relevant “history and tradition.” Indeed, “the government does not identify even a single regulation with an analogous burden and justification,” he complained in dissent. In 1791 a man like Zackey Rahimi could be disarmed only after a conviction for a violent crime. And so, Thomas wrote, that must remain the rule today.

Bruen was a 6–3 decision. Yet every justice who joined Thomas’ opinion in Bruen in 2022 signed on to Roberts’ walk back of Bruen on Friday. What happened? Aside from Justice Samuel Alito, every remaining member of the court expressed their views by writing or joining separate concurrences in Rahimi . Justice Brett Kavanaugh tried to defend his beloved “history and tradition” test, as opposed to “a balancing test that churns out the judge’s own policy beliefs,” while creating more room for “precedent” (or “the accumulated wisdom of jurists”). Justice Amy Coney Barrett wrote that Bruen “demands a wider lens” than the 5 th Circuit deployed, explaining that “historical regulations reveal a principle, not a mold,” and do not forever lock us into “late-18 th -century policy choices.” Justice Neil Gorsuch tried to split the difference, marshaling a defense of Bruen while subtly reworking it to limit sweeping legal attacks on gun regulations.

Justice Sonia Sotomayor, joined by Justice Elena Kagan, celebrated the majority’s focus on “principles” instead of perfect analogs. “History has a role to play in Second Amendment analysis,” she wrote, “but a rigid adherence to history, (particularly history predating the inclusion of women and people of color as full members of the polity), impoverishes constitutional interpretation and hamstrings our democracy.” Justice Ketanji Brown Jackson, who joined the court soon after Bruen came down, warned that Rahimi will not end the “increasingly erratic and unprincipled body of law” that Bruen inspired. “The blame” for the lower courts’ struggles “may lie with us,” she noted, “not with them.” All three liberals sound ready and willing to overturn Bruen altogether if they get the chance—but will, for now, settle for Rahimi ’s compromise.

What next? The Supreme Court will have to vacate a spate of lower court decisions that used Bruen to strike down seemingly sensible gun safety laws, ordering a do-over in light of Rahimi . Some courts will gladly accept the message. Others, like the lawless 5 th Circuit , will probably interpret Thomas’ dissent on Friday as the law and refuse to change their tune. Such defiance will test the majority’s commitment to a more workable and balanced Second Amendment jurisprudence—and likely fracture the court once more. By replacing Thomas’ hard-line views with a more malleable standard, SCOTUS has ended one battle over guns. But by remaining in this area, where it has no right to be in the first place, the court has invited a thousand more.

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New law bans ‘captive hunting’ in Rhode Island

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Rhode Island Gov. Daniel McKee has signed into law a bill that would make the state the latest one to outlaw “captive hunting” — a hunt that occurs within a structure designed to restrict the free movement of animals and prevent them from escaping.

More than half of states already have a full or partial ban on captive hunting.

The new law bars the use of manmade or natural barriers intended to prevent animals from fleeing the confined area of a hunt in Rhode Island. Private lands set up as hunting or shooting preserves, or game ranches, are included under the law.

The legislation also states no species of animal may be imported or captured for use in captive hunting. The bill was first proposed after a sporting club had sought permission to import exotic animals, like elk and boar, for members to hunt on its property in the state.

The new law would not apply to the release of domestic game birds on public property, or on private property licensed by the state Department of Environmental Management as a shooting preserve for the purpose of hunting.

State Rep. Scott Slater, a Democrat, was one of the sponsors of the bill. Slater said physically preventing an animal from escaping death is not hunting.

Slater said he doesn’t know “a single active hunter who thinks such practices are acceptable.”

Joanne Bourbeau, northeast regional director at the Humane Society of the United States, said killing animals for trophies and bragging rights is unacceptable.

“The captive trophy hunting industry breeds animals solely to be shot and killed within fenced enclosures,” she said after lawmakers approved the bill earlier this month. “This critical legislation would allow Rhode Island to join the other 26 states that already have full or partial bans on captive hunting.”

McKee has also signed a second bill into law meant to update the protocols for reporting car accidents involving wildlife and for collecting the resulting roadkill for consumption.

The new law broadens reporting requirements for collisions with deer to any accident involving wildlife that substantially damages the vehicle, such as collisions with turkeys or bears.

It also makes reporting these collisions easier for drivers by allowing them to report directly to the Department of Environmental Management through an online portal or phone number rather than having to contact a conservation officer.

Data from wildlife collisions are used in statistical models by environmental officials to estimate wildlife population. The new law lets the state salvage unwanted roadkill for general consumption.

Currently only the parties directly involved in the collision can salvage deer for their own enjoyment. The change lets wildlife salvaged from a collision be used by organizations or individuals who have the capability to process it.