1. You have two (2) hours to complete this exam. You may allocate your time as you wish. We recommend that you spend approximately 60-75 minutes on the essay, and the remainder of your time on the multiple choice questions.

2. THIS IS AN OPEN BOOK, OPEN MATERIALS EXAM. You may use any written notes, books, or other written materials to assist you in responding to the questions.

3. This exam consists of two parts.

Part I: Essay Question. The essay question is worth 2/3 of your final grade (75 points). You should outline your response to the essay question, before writing the response. Answer the essay question as fully as you can, citing any appropriate cases, industry standards, and statutes that are relevant. Please write your response to the essay questions in the blue book (s) provided. DO NOT WRITE ON BOTH SIDES OF THE PAGE. WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO READ. If I cannot read your response to a question, your grade will be adversely affected.

Part II: Multiple Choice Questions. The multiple choice questions are worth 1/3 of your final grade (25 points). There is only one correct answer per question. Correct true/false or multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

ESSAY QUESTION

It is the year 2010. SLAMBALL has become the number one action sports league in the United States. In 2009, the American SlamBall League (ASL) signed a lucrative television package with the Action Sports Network. In the last two years, gate revenues have tripled and players’ salaries have doubled. For the Fall 2011 Season, the ASL has implemented four changes to its By-Laws:

1. Implementation of a three (3) Round Rookie Draft (previously there had been no rookie draft in SlamBall);
2. A Reserve Clause has been added to all Uniform Player Contracts giving each club the right to extend its player contracts by one year upon expiration of the contract.
3. All rookie contracts can be no shorter than three (3) years.
4. A player must be two years removed from his high school graduating class in order to become draft eligible.

John “Bunny” Livingston is a high school phenom, widely regarded as the most talented amateur SlamBall player in the world. John graduates from high school in May 2011 and wants to enter the June 2011 ASL draft. He played on the gold medal – winning 2008 U.S. Slam Ball Olympic Team, and was voted team captain.

John and his parents have come to you for advice. They want to challenge each of the four new “rules” recently implemented by the ASL. They have consulted the ASL Players Association, the player’s collective bargaining representative which received certification from the National Labor Relations Board in 2006, about these new “rules.” The ASLPA has advised the Livingstons that it never agreed to any of the new “rules,” and never discussed any of those rules in any previous negotiations with the ASL Management Committee leading up to the existing Collective Bargaining Agreement (CBA) signed in 2008. The CBA contains a general provision incorporating by reference the ASL’s Bylaws “as may be amended from time to time”.

The Livingstons would like to know upon what legal theory(s) you will challenge the ASL’s new “rules”, what the League’s likely defenses are, and the likely outcome of that litigation.

END OF ESSAY QUESTION