Mitten, Matthew J.; Davis, Timothy --- "Athlete Eligibility Requirements and Legal Issues" [2011] ELECD 818; in Nafziger, A.R. James; Ross, F. Stephen (eds), "Handbook on International Sports Law" (Edward Elgar Publishing, 2011)

Book Title: Handbook on International Sports Law

Editor(s): Nafziger, A.R. James; Ross, F. Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206336

Section: Chapter 9

Section Title: Athlete Eligibility Requirements and Legal Issues

Author(s): Mitten, Matthew J.; Davis, Timothy

Number of pages: 35

Extract:

9 Athlete eligibility requirements and legal issues
Matthew J. Mitten and Timothy Davis*



I. INTRODUCTION
This chapter compares and examines the existing legal frameworks governing athletic
eligibility rules and dispute resolution processes for Olympic and international sports as
well as United States professional, college, and high school sports from both private law
and public law perspectives. At all levels of sports competition, monolithic sports leagues
and governing bodies1 establish eligibility requirements and conditions that must be
satisfied for an individual to participate in athletics. Most sports governing bodies have
broad, exclusive authority to regulate a single sport or group of sports on either an
international, national, or state-wide basis, which provides the corresponding power to
exclude or limit athletic participation opportunities. In some instances, unilaterally
established eligibility rules either completely preclude an individual from athletic partici-
pation or condition his or her right to participate upon compliance with substantial
requirements. Given the many tangible and/or intangible benefits that athletes derive from
athletic participation at all levels of competition, this chapter assesses whether the
developing discreet bodies of international and United States national and state law
appropriately regulate the promulgation of athlete eligibility rules and their application
by monolithic sports leagues and governing bodies having broad, plenary authority to
oversee Olympic, professional, college, and high school sports respectively. In conducting
our analysis and making recommendations, we consider whether athletes have an effective
voice and/or voting rights in the eligibility rule-making process; the nature and effect of
the ...