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2005 Annual Survey: Recent Developments in Sports Law 381 (2005)

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SURVEY


                 2005   ANNUAL SURVEY:


 RECENT DEVELOPMENTS IN SPORTS LAW






                            INTRODUCTION

    This article is a survey of sports-related cases that were decided between
January 1, 2005 and  December  31, 2005.  Although this article does not
purport to address every case related to sports that was decided in the past
year, the cases summarized below  represent decisions that will affect the
practice and development of  the sports law field. As  the cases below
demonstrate, the field of sports law continues to grow, and its decisions affect
the legal system as a whole.

                  ALTERNATIVE   DISPUTE RESOLUTION

    Alternative Dispute Resolution is a growing method of resolving conflicts
in the legal system.  The collective bargaining agreements of the major
professional sports include clauses that require arbitration to resolve certain
sorts of conflicts between players and management. As a result, the sports
field is an area in which developments in the area of Alternative Dispute
Resolution often emerge. This past year, the infamous Detroit Pistons/Indiana
Pacers brawl resulted in challenges that addressed whether Alternative Dispute
Resolution  was  a  proper  mode   of determining  or  challenging the
Commissioner's decisions on player discipline. This case, as well as other
cases addressing arbitrability, including Ricky Williams's dispute with the
Miami Dolphins, is discussed below.