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Sports Law

Judge Sotomayor Through The Lens Of Sports

In case you did not know, Judge Sonia Sotomayor is a nominee for the Supreme Court of the United States.  If she is confirmed by Congress, Judge Sotomayor will become the first Hispanic Supreme Court justice in the history of the U.S.  The confirmation hearings have been publicized by every major media outlet, and while her potential confirmation is a subject of politics, sports has found its way to be involved, as well.

Michael McCann is an Associate Professor of Law at the University of Vermont, and he is one of the most respected Sports Law Scholars in the country.  He was also a panelist at the 2009 UF Sports Law Symposium and has confirmed that he will be coming back for the 2010 Symposium.  In McCann’s latest law review note, he looked at whether Judge Sotomayor deserves the criticism she has received as of late, concerning her proclivity to craft opinions based on policy and a progressive agenda other than adherence to actual law.  Based on looking at a couple of sports-related cases, he posits that based on Judge Sotomayor’s stance in those two issues had nothing to do with compassion, and in fact, if anything, she was devoid of compassion.  McCann looks at the following cases in his note:

  1. Silverman v. Major League Baseball Player Relations Committee
  2. Clarett v. NFL

Download McCann’s essay here: Judge Sonia Sotomayor and the Relationship between Leagues and Players: Insightsand Implications.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.