Entering the “Grey Zone” of Sports Jurisprudence

The Jurisprudence of Sport: Sports and Games as Legal Systems by Mitchell N Berman and Richard D Friedman

Abstract

This review essay explores, in five parts, the burgeoning study of sports jurisprudence, where scholars analyse sports and games as legal systems. First, sports jurisprudence is introduced via a seemingly bizarre conclusion to a 2022 United States National Football League playoff game. Second, this review essay probes the so-called ‘grey zone’ in sports that lies at the intersection of fair strategic tactics and unfair competition manipulation. Third, using Mitchell Berman and Richard Friedman’s new book, The Jurisprudence of Sport: Sports and Games as Legal Systems, it delves into a host of thought-provoking ‘grey zone’ quandaries in sports, all of which speak to a broader narrative about governance and the design of legal systems. Fourth, this review essay explains how a United States Supreme Court decision serves as a useful case study for the lessons derived from the book and associated academic articles. Finally, it concludes with some brief takeaways about how principles of jurisprudence can shape the ‘grey zone’ in sports.