UC Davis Law professor Vikram David Amar defends the University of Illinois’ reinstatement of standout basketball player Terrence Shannon Jr. following a court injunction against his suspension due to allegations of sexual misconduct. Professor Amar argues that the University’s compliance with the court order, which recognized Shannon’s due process rights under the Fourteenth Amendment, was legally sound, and emphasizes that the decision to play Shannon was not influenced by the unproven allegations but rather by a legal obligation to treat him as any other team member in good standing. Professor Amar criticizes commentary by sports journalists like Gary Parrish for misunderstanding the legal nuances and the University’s obligation to adhere to the court’s ruling, noting that the decision to play Shannon is a matter of legal compliance, not a disregard for the seriousness of the allegations.
Articles Posted in Sports and Entertainment Law
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SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law 1L Saraswati Rathod explain why recent efforts in various states to ban transgender women and girls from competing in women’s sports are dangerous and misguided. Professor Grossman and Ms. Rathod argue that the actions purport to solve a problem that doesn’t even exist, and they risk substantial harm to a vulnerable group of women and girls, as well as to women’s athletics across the board.
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Cornell law professor Michael C. Dorf offers some thoughts on a comment by Golden State Warriors head coach Steve Kerr that moves by NBA stars like Kawhi Leonard and Anthony Davis are “bad for the league.” Dorf explains that while the concept—and legal acceptability—of efficient breach in contract law demonstrate that the law does not impose an obligation to carry out one’s end of a bargain, one could understand Kerr’s statement more accurately to mean that because the legal remedies for enforcing sports contracts are inadequate, the NBA and its fans must rely on the consciences of individual players to honor the obligation of good faith.