Sports Law

The New York State High School Athletic Association (NYSHSSA) has a rule requiring that all student athletes that transfer from a public to a private high school must have a written release from the public school on file before they may participate in an athletic contest for the private school. The rule does not require an athlete transferring from a private school to a public school to be released. NYSHSAA also has a rule that states that participation in football is defined as two downs in a game. NUHS, a private school, had a public school transfer on its football team. This transfer athlete participated in four contests, all victories, before it was discovered that he was not released by the public school. In one of those contests, his only participation was to cover one kickoff that went out of bounds with no time running off the clock. NUHS secured the release and reported the oversight to the NYSHSAA. NYSHSAA, citing its rule and acknowledging that NUHS was a member, immediately declared the four contests forfeited and the wins were credited as losses on NUHS’ record. As a result, NUHS missed the state playoffs by one game. NUHS, upon learning that it would not be eligible for the playoffs, immediately files suit seeking a temporary restraining order and a preliminary injunction among other relief, so that it may participate in the high school playoffs on Saturday night.


You are assigned as legal counsel for either NUHS or the NYSHSAA. You must represent NYSHSAA. This means you argue that side, not just present everything you can find. The court requires a legal brief of no more than five pages containing the following on behalf of your assigned client:

1. Identify your client and all relevant legal claims they have. Assume only the facts given.

2. Assert or defend your client’s position on each claim

3. Cite at least five (5) authorities (statutes, Constitutional amendments, case law, rules, books, journals, game rules, but not the text book) to support your position.

4. A statement of the relief for which you are asking the court and why.

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