Go for the Gold by Utilizing the Olympics

• Author: Adam Epstein
• DOI: http://doi.org/10.1111/j.1744-1722.2012.01109.x
• Date: 01 June 2012
• Published date: 01 June 2012

Journal of Legal Studies Education

Volume 29, Issue 2, 313–334, Summer/Fall 2012

Go for the Gold by Utilizing the

Olympics

Adam Epstein*

I. Introduction

This article suggests ways to incorporate legal issues related to the Olympic

Games into your business law or legal environment course. As demonstrated

in previous issues of the Journal of Legal Studies Education and elsewhere, ma-

terial related to sports law can serve as an engaging supplement to traditional

legal subjects.1Topics that can be related to the Olympics include constitu-

tional law, jurisdiction, arbitration, gender and disability discrimination, and

intellectual property.

Through 1992, both the Winter and Summer Olympics were held dur-

ing the same year. Beginning in 1994, the Winter and Summer Olympics

alternate in even numbered years. For example, the summer 2012 Olympic

Games were held in London, England. Two years from now, the 2014 Winter

Olympics will be held in Sochi, Russia.2At least every two years, then, there

are timely opportunities to use Olympics-related examples. The pedagogical

∗Professor, Department of Finance and Law, Central Michigan University. I would like to

thank Tyler Blake, a former Honors Program student of mine, who assisted me with some

research.

1See, e.g., Adam Epstein, Teaching Torts with Sports,28J. Legal Stud. Educ. 117 (2011); Adam

Epstein & Paul Anderson, Utilization of the NCAA Manual as a Teaching Tool,26J. Legal Stud.

Educ. 109 (2009); Sharlene McEvoy, The Legal Environment of Baseball,12J. Legal Stud. Educ.

197 (1994); Adam Epstein & Bridget Niland, Exploring Ethical Issues and Examples by Using Sport,

13 Atlantic L.J. 19 (2011); Adam Epstein, Religion and Sports in the Undergraduate Classroom: A

Surefire Way to Spark Student Interest,21S. L.J. 133 (2011); Nathanial Grow, American Needle and the

Future of the Single Entity Defense Under Section One of the Sherman Act,48Am. Bus. L.J. 449 (2011);

Kenneth L. Shropshire, Introduction: Sports Law?,35Am.Bus.L.J.181 (1998) (noting that there

is no real distinct area of the law known as “sports law” but that it may be better described as

“sports and the law”).

2See generally Official Website of the Olympic Games, http://www.olympic.org/olympic-

games (last visited Dec. 29, 2011).

C2012 The Author

Journal of Legal Studies Education C2011 Academy of Legal Studies in Business

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use of current topics and events has a positive and productive influence on

the learning environment, and those professors who wish to incorporate cur-

rent events into the law course may find Olympic-related material to be quite

beneficial.3

Olympics-related material also provides a way to emphasize the inter-

national and political dimensions of legal issues.4This article addresses the

historical context and political and sociocultural importance of the cases in-

volved. The biannual event operates on an international stage, controlled by

an international organization, and far exceeds the jurisdiction and bound-

ariesofAmericanlaw.

5

The article first describes the fundamental structure of the United

States Olympic Committee (USOC) and then explores relevant statutes

and prominent cases involving the Olympic Games.6Professors can

incorporate these examples to complement coverage and enhance

student understanding of constitutional law, jurisdiction, arbitration,

3See E. Tammy Kim, Who’s Learning What? Toward a Participatory Legal Pedagogy,43Harv. C.R.-

C.L. L. Rev. 633, 636 (2008) (noting that inclusion of current events is one of the prescribed

“best practices” for faculty to reach more students and teach them in a more comprehensive,

well-rounded manner); Laura E. Little, Teaching Federal Courts: From Bottom Line to Mystery,53

St. Louis U. L.J. 797, 799 (2009) (noting that little research on the use of current events in

legal education is available, but that studies and articles in other educational fields such as

biochemistry and psychology show the beneficial utility of news articles in the classroom).

4See, e.g., George J. Siedel, Six Forces and the Legal Environment of Business: The Relative Value of

Business Law Among Business School Core Courses,37Am. Bus. L.J. 717, 733 (noting that contract

law, product liability, securities regulation, environmental law, the law of sexual harassment and

antibribery law are examples of substantive areas of the law that have been globalized in recent

years).

5Politics has, of course, influenced the Games. As a gesture of political protest, nations have

boycotted the Olympics over the years. Still, the International Olympic Committee (IOC)

remains adamant that it is politically neutral and is very protective of its event from out-

side influence. See, e.g., Scott Rosner & Deborah Low, The Efficacy of Olympic Bans and Boy-

cotts on Effectuating International Political and Economic Change,11Tex. Rev. Ent. & Sports

L. 27, 28–29 (2009) (noting that the Games were boycotted in 1956, 1976, 1980, 1984, and

1988, and that “the philosophy of Olympism states that sport should be free of politics”); As-

sociated Press, IOC Sends Out Letter Clarifying Protest Rules for Olympics, ESPN, May 5, 2008,

http://sports.espn.go.com/oly/news/story?id=3382975 (noting that IOC Rule 51.3 of the

Olympic Charter states, “No kind of demonstration or political, religious or racial propaganda

is permitted in any Olympic sites, venues or other areas.”).

6Throughout this article the terms Olympics, Olympic Games, Games and the Olympic Move-

ment are used interchangeably, just as they are among those involved. This includes the USOC,

the coaches, athletes, media, and the official sponsors who collectively often refer to everyone

and everything involved as the Olympic Movement.