Michael LeRoy : Courses and Seminars
Collective Bargaining in Sports and Entertainment
This seminar examines collective bargaining in the contexts of professional sports and entertainment. The Sherman Act and Clayton Act are studied in light of antitrust exemptions that apply to monopolistic employment arrangements such as the reserve system (its opposite is called free agency), the draft and exclusive rights for a player, eligibility restrictions for star amateurs, and other anticompetitive practices in music, theater, movie, TV, and sports settings. The seminar explores how unions have evolved as potent employee responses to highly restrictive employment practices. Class readings examine powerful weapons under the National Labor Relations Act that unions may use to counteract employer cartels in theater, movies, baseball, football, basketball, hockey, and related industries. These weapons include full and partial and intermittent strikes, as well as strike threats. The seminar examines how these bargaining tactics enable rank-and-file employees, and star performers, to share in the wealth that they generate in combination with capital investments made by employers. The seminar emphasizes writing. Students are assigned weekly question sets, and are expected to submit a course paper based on the accumulation of these exercises.
Alternative Dispute Resolution
This is a class in the dispute resolution methods that attorneys often use in the practice of law. The class provides experiential simulations in negotiation, mediation, and arbitration. The class differs from most other law classes in the following ways: 1. Many classes teach a substantive body of law; this class, in contrast, is designed to teach a variety of lawyering skills. 2. In most classes, students participate strictly as individuals; in contrast, students in this class often interact in small group settings and simulations, and therefore, must listen to and cooperate with peers while working through their disagreements. 3. Many classes measure student performance once, at the end of the semester, through an issue-spotting exam; in contrast, this class requires brief reflection papers that are based on a combination of readings, group activities, and simulated exercises. 4. Most classes involve little or no role playing; in contrast, this class gives students the experience of being a negotiator, trial advocate, arbitrator, mediator, victim/complainant and defendant/respondent in an adversarial proceeding. The instructor will base simulations on cases from his private arbitration practice. Students will be required to sign and abide by a confidentiality agreement with respect to these sensitive materials.