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Leveling the Playing Field: How the Law Can Make Sports Better for Fans [Hardcover]

Paul C. Weiler (Author)
4.0 out of 5 stars  See all reviews (1 customer review)


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Book Description

June 23, 2000 0674001656 978-0674001657

The world of sports seems entwined with lawsuits. This is so, Paul Weiler explains, because of two characteristics intrinsic to all competitive sports. First, sporting contests lose their drama if the competition becomes too lopsided. Second, the winning athletes and teams usually take the "lion's share" of both fan attention and spending. So interest in second-rate teams and in second-rate leagues rapidly wanes, leaving one dominant league with monopoly power.

The ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, and ultimately fans and taxpayers. For example, he shows why players' use of performance-enhancing drugs, even legal ones, should be treated as a more serious offense than, say, use of cocaine. He also explains why proposals to break up dominant leagues and create new ones will not work, and thus why both union representation of players and legal protection for fans--and taxpayers--are necessary.

Using well-known incidents--and supplying little-known facts--Weiler analyzes a wide array of moral and economic issues that arise in all competitive sports. He tells us, for example, how Commissioner Bud Selig should respond to Pete Rose's quest for admission to the Hall of Fame; what kind of settlement will allow baseball players and owners to avoid a replay of their past labor battles; and how our political leaders should address the recent wave of taxpayer-built stadiums.

(20001101)

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Editorial Reviews

From Library Journal

Weiler (law, Harvard) has produced a book that, while suggesting ways in which the law can work for fans to improve sports, will not be readily appreciated by those who would benefit from his largesse--except perhaps for diehard fans of Pete Rose, whose admittance to the Hall of Fame the author supports vociferously. Instead of batting averages, wins and losses, and amusing anecdotes, what we have here are discussions of salary caps, free agency, players' unions, the relative impact on the game of players' use of recreational vs. performance-enhancing drugs, taxpayer-funded stadiums, and other legal/economic issues. To his credit, Weiler does not stop at cataloging sins--he also offers possible solutions. Still, this is more a legal treatise than a sports book, and it will find its greatest audience in large public libraries and institutions of higher learning.
-Jim Burns, Ottumwa P.L., IA
Copyright 2000 Reed Business Information, Inc.

Review

Paul Weiler has always been a name and an opinion you can trust in the sports industry. His advice is sought out by all. He has created a standard that will be hard to duplicate. (Gene Upshaw, Executive Director of the NFL Players Association 20001118)

Product Details

  • Hardcover: 384 pages
  • Publisher: Harvard University Press (June 23, 2000)
  • Language: English
  • ISBN-10: 0674001656
  • ISBN-13: 978-0674001657
  • Product Dimensions: 9.6 x 6.4 x 1.2 inches
  • Shipping Weight: 1.4 pounds
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #3,273,797 in Books (See Top 100 in Books)

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2 of 2 people found the following review helpful:
4.0 out of 5 stars One Law Professor's Take on the Problems in Professional Sports, September 3, 2006
By 
Many of the major issues of modern professional sports revolve around issues of the law. Harvard's Henry J. Friendly professor of law Paul C. Weiler believes this firmly and "Leveling the Playing Field" is his attempt to explore this subject. Much of this terrain has been pursued in other works, but Weiler's perspective is interesting. Weiler takes the reader through the looking glass world of the sports business, exploring the nature of free agency, the various revenue streams of the major sports franchises, the long history of the shakedown for new sports complexes paid for with public money, the problems of steroids and other methods of cheating, and television and other revenues generated through sports activities. It is a familiar story, and Weiler tells it relatively well. His approach is balanced and his tone is evenhanded, even when the subject does not deserve it.

His solution to the problems of Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League boil down to one piece of national legislation. "The only way to avoid a regular replay of the experience of the 1990s is to have Congress pass a law that bars redistribution of middle-American taxpayer dollars into the pockets of wealthy Americans like George Steinbrenner." He adds, "I hope my readers now understand that as fans we would be better off if our favorite sports had the combination of a salary tax and a stadium cap" (p. 345). That might help, although I am opposed to any restraint on the ability of players to receive whatever income they are able to negotiate for their services since they are fundamentally the stars of the show, but I only wish it were that simple! I very much question all the problems of the sports business could be cured in this way, and I must add that the devil would be in the details of any such congressional action and its ramifications might be strikingly different from what was intended. Witness the McCain-Feingold Campaign Finance Reform Act and how it simply changed the rules of the game; it did not appreciably alter the game itself. Additionally, the ability to pass legislation of this type in early twenty-first century America appears virtually nil.

While I found this book quite interesting and worthy of consideration, I was annoyed by the relative lack of academic rigor in the discussion. At no point, for instance, did Weiler offer detailed thoughts on the nature of the legislation that he believes is necessary. Additionally, the book is completely without scholarly apparatus, not even a selected bibliography, and I find this unacceptable in a serious work.
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