Research

Law Review Publications:

Batista, P. J. (2004). Student Athletes and the Buckley Amendment: Right to Privacy Does Not Include Right to Sue. Marquette Sports Law Review, 14(2), 319-341.

Batista, P. J. and Shaunessy, M. (2003). Invoking Governmental Immunity to Protect Public University Athletic Departments and Administrators.  Texas Review of Entertainment and Sports Law, 4 (1), 83-108.

Batista, P. J. (2003). The Perils of Telemarketing Under the Telephone Consumer Protection Act.  The University of California Hastings Communications and Entertainment Law Journal, 25 (2), 101-132.

Journal Publications:

*Indicates Doctoral Student Author

*Bouchet, A., Batista, P.J., & *Hutchinson, M. (in press). The effectiveness of Early Termination Clauses in University Coaching Contracts: Why Coach Franchione Wasn’t as Successful as Coach O’Brien. Applied Research in Coaching and Athletics Annual, 27(1) xx-xx.

*Clark, R.S. & Batista, P.J. (2009). Do BCS national championships lead to recruiting violations? A trend analysis of NCAA Division I (FBS) infractions.  Journal of Sport Administration and Supervision, 1(1), 8-22. [Note: This article was awarded the “Editor’s Choice Award” as “the most outstanding manuscript within the issue.”]

*Clark, R.S. & Batista, P.J. (2009). Are female coaches held to a higher standard of athletics compliance? The theory of planned behavior and NCAA Division I (FBS) major recruiting infractions.  Journal of Contemporary Athletics, 4(1), 13-22.

Batista, P.J. (2009). Criticizing the Coach: Free Speech, Defamation, or Privileged Communication? The Journal of Physical Education, Recreation & Dance, 80 (1) 9-10.

Batista, P.J. (2008). The Boundaries of First Amendment Speech for Public School Students: Morse v. Frederick. TThe Journal of Physical Education, Recreation & Dance, 79 (3) 8-9.

Batista, P.J. (2008). Parochial School Seeks Equal Protection from State Athletic Association: Christian Heritage Academy v. Oklahoma Secondary School Activities Association. The Journal of Physical Education, Recreation & Dance, 79 (1) 10-11.

Batista, P.J. (2007). Free Speech or Illegal Recruiting? U.S. Supreme Court Finally Resolves Tennessee Secondary School Athletic Association v. Brentwood Academy. The Journal of Physical Education, Recreation & Dance, 78 (9) 7-12.

Brown, M., Zuefle, D., and Batista, P.J. (2007). Will the Real 12^th Man Please Stand Up? Texas A&M and Seattle Seahawks Settle Dispute over Right to Identify Fans as “12^th Man.” Sport Marketing Quarterly, 16 (2) 115-117.

Batista, P. J. and Pittman, A. (2006). A Descriptive Analysis of SRLA Members and the Study of Sport Law in Academia. Journal of Legal Aspects of Sport, 16(2), 217-238.

Batista, P. J. and Hatfield, L.C. (2005). Learn at Home, Play at School: A State-by-State Examination of Legislation, Litigation and Athletic Association Rules Governing Public School Athletic Participation by Homeschool Students. Journal of Legal Aspects of Sport, 15 (2), 213-265.

Batista, P. J. and Pittman, A. (2005). Peer-Grading Passes the Supreme Court Test. The Journal of Physical Education, Recreation & Dance, 76 (2), 10.

Batista, P. J. (2005). Religious Accommodation in High School Athletics Scheduling. The Journal of Physical Education, Recreation & Dance, 76 (1), 9.

Southall, R., Nagel, M., Batista, P. J., and Reese, J. (2003). The Board of Regents of the University of Minnesota v. Haskins: The University of Minnesota Men’s Basketball Academic Fraud Scandal. Journal of Legal Aspects of Sport, 13 (2), 121-143.

Batista, P. J. (2003). Telemarketing and the TCPA: Let the seller beware. Journal of the Academy of Marketing Science, 31 (1), 97-98.

Batista, P. J. (2002). Prayer at Public School Athletic Events: Clarifying Misperceptions of Santa Fe ISD v. Doe. Texas Entertainment and Sports Law Journal, 11 (3), 23-25. 

Batista, P. J. (2002). Balancing the First Amendment’s Establishment and Free Exercise Clauses: A Rebuttal to Alexander & Alexander.  Journal of Legal Aspects of Sport, 12(2), 87-116.

Sagas, M. and Batista, P. J. (2001). The importance of Title IX compliance on the job satisfaction and occupational turnover intent of intercollegiate coaches.  Applied Research in Coaching and Athletics Annual, 16, 15-43.

Batista, P. J. (2001). Just the fax, ma’am: Do unsolicited faxes violate Texas law? Texas Entertainment and Sports Law Journal, 10 (1), 4-7.

Invited Research Presentations:

Seidler, T., Miller, J., McGregor, I., Batista, P. J. and Cotten, D. (2008). Trends and Ideas in Legal Issues and Risk Management. CONFERENCE: Athletic Business Conference. San Antonio, Texas, December 5, 2008.

Batista, P.J. (2008). The Legacy of Ben Johnson at the ’88 Seoul Olympics: Using the Ad Hoc Division of the Court of Arbitration for Sport to Punish Olympic Drug Cheats. CONFERENCE: Illuminating the Legacy of ’88 Seoul Olympic Games. Korean Alliance for Health, Physical Education, Recreation, and Dance. Seoul, South Korea, September 18, 2008.

Batista, P.J. (2008). A Primer on Sport Law Practice Areas in U.S. Sport Management Programs. CONFERENCE: Korean Society for Sport Management. Seoul, South Korea, September 19, 2008.

Batista, P.J. (2008). Legal Aspects of the U.S. Sport Industry. CONFERENCE: Sport Marketing of the Brain Korea 21, Dankook University. Hannamdong, South Korea, September 17, 2008.

Batista, P.J. (2007). The First Amendment and the Schoolhouse: Courts Establish Constitutional Boundaries for Students, Faculty and Administrators. CONFERENCE: 38^th Annual National Conference of High School Directors of Athletics, National Federation of State High School Associations. Nashville, Tennessee, December 18, 2007.

Batista, P.J. (2007). White v. NCAA: Athlete Greed or Monopsony? Issues in College Sport Lecture Series, The University of Memphis. Memphis, Tennessee, April 20, 2007.

Batista, P.J. (2007). Current Legal Issues in Sport. CLE SEMINAR: Brazos County Bar Association. Bryan, Texas, March 30, 2007.

Batista, P. J. (2005) Internet Domain Name Theft: Using ICANN’s Uniform Dispute Resolution Procedure to Defend the Good Name and Reputation of Sport Teams and Events. CONFERENCE & CLE SEMINAR: The Craig Kelly Sport and Entertainment Law Symposium. Governance in Amateur and Professional Sports: The Interdependence of Sport Business and the Law, Ninth International Conference on Sport and Entertainment Business, University of South Carolina, Columbia, South Carolina, November 11, 2005.

Batista, P. J. and Unruh, N. Balancing Religion and Athletics: Prayer in the Locker Room. Taking the Next Step: Addressing Issues in High School Athletics, Atlanta, Georgia, March 8, 2003.

Batista, P. J. Religious Issues in Public school Settings. CONFERENCE: Texas Association for Health, Physical Education, Recreation & Dance 78th Annual convention, Corpus Christi, Texas, December 1, 2001.

Research Presentations:

*Indicates Doctoral Student Author

Batista, P.J. (2011). Season Ticket Holders Lose Contract Dispute Over PSL Requirement. CONFERENCE: Sport Marketing Association 2011 Conference. Houston, Texas, October 28, 2011.

Batista, P.J. and Osborne, B. (2011). Poster: Video Streaming at the Intersection of Copyright, Constitutional, and Internet Law. CONFERENCE: Sport Marketing Association 2011 Conference. Houston, Texas, October 27, 2011.

Batista, P.J. (2011). Free Speech and Social Networking: Tweeting Sends Coaches’ Hearts a-Twitter. CONFERENCE: Sport and Recreation Law Association 2011 Conference. Savannah, Georgia, March 4, 2011.

Unruh, N., Unruh, S., Batista, P.J. and Nix-Smith, A. (2011). National Research Study on Emergency Action Plans at High School Athletic Practices and Competitions. CONFERENCE: Sport and Recreation Law Association 2011 Conference. Savannah, Georgia, March 3, 2011.

Batista, P.J. and Kaburakis, A. (2010). EU and US Sport Governance: A Comparative Analysis. CONFERENCE: International Conference on the Business of Sport: Comparing Management of Sport in the US and Europe. Deutsche Sporthochschule Köln. Cologne, Germany, July 15, 2010.

 *Clark, R.S., Singer, J.N., and Batista, P.J. (2010). University Prestige and Intercollegiate Athletics Recruiting: Economic and Administrative Factors of NCAA Institutional Control. CONFERENCE: North American Society for Sport Management 2010 Conference. Tampa, Florida, June 5, 2010.

 Batista, P.J. (2010). So You Want Religion in Public Schools? The Sobering Consequences at “Hezbollah High.” CONFERENCE: Sport and Recreation Law Association 2010 Conference. Albuquerque, New Mexico, March 5, 2010.

 *Clark, R.S. and Batista, P.J. (2010). Booze and Sex: A Report on Their Frequency During Athletic Recruiting Visits, and the Potential for University Liability. CONFERENCE: Sport and Recreation Law Association 2010 Conference. Albuquerque, New Mexico, March 6, 2010.

 *Clark, R.S. and Batista, P.J. (2010). From NCAA Regulations to Legal Liability: A Case Study of Implications Arising from NCAA Major Recruiting Violations. CONFERENCE: Sport and Recreation Law Association 2010 Conference. Albuquerque, New Mexico, March 6, 2010.

 Batista, P.J. (2009). Criticize the Coach at Your Peril: Recent Cases Clarify Boundaries of First Amendment Free Speech. CONFERENCE: North American Society for Sport Management 2009 Conference. Columbia, South Carolina, May 30, 2009.

 *Clark, R.S., Torres, M.S., & Batista, P.J. (2009). A Typology of Undisclosed Recruiting Violations in NCAA, Division I (FBS) Athletic Programs: Implications for Policy Development And Compliance.  CONFERENCE: North American Society for Sport Management 2009 Conference. Columbia, South Carolina, May 29, 2009.

 *Clark, R.S. & Batista, P.J. (2009). Do BCS National Championships Lead To Recruiting Violations? A Trend Analysis of NCAA Division I (FBS) Infractions. Poster Presentation. CONFERENCE: College Sport Research Institute. Chapel Hill, North Carolina, April 17, 2009.

*Hatfield, L.C., Batista, P.J., & Hatfield, L.M. (2009). Title VII and Racial Diversification of College Football Coaches. CONFERENCE: American Alliance for Health, Physical Education, Recreation and Dance. Tampa, Florida, April 4, 2009.

 *Ballouli, K.B., *Hodge, K., Bennett, G. & Batista, P.J. (2009). Risk Management in Youth Sports: A Case Study of the Twelve Baseball Academy. CONFERENCE: Sport and Recreation Law Association 2009 Conference. San Antonio, Texas, March 6, 2009.

 Batista, P.J. and Dubuisson, L. (2009). Signs That the First Amendment is Alive and Well on University Campuses: Stadium Sign Policies Implicate Free Speech Rights of Students and Fans. CONFERENCE: Sport and Recreation Law Association 2009 Conference. San Antonio, Texas, March 6, 2009.

 *Clark, R.S., Batista, P.J., Hudson, S. (2009). Title IX and University Athletic Recruiting Expenditures: Do NCAA Division I Recruiting Budget Disparities Meet the Proportionality Prong of Title IX? CONFERENCE: Sport and Recreation Law Association 2009 Conference. San Antonio, Texas, March 6, 2009.

 Hudson, S., *Bouchet, F.A., & Batista, P.J. (2009). An Examination of 501c (3) Non-Profit Organizations: Should Donations to Athletic Departments and Support Organizations Be Tax Deductible Contributions? CONFERENCE: Sport and Recreation Law Association 2009 Conference. San Antonio, Texas, March 5, 2009.

*Bouchet, F.A. and Batista, P.J. (2008). The Effectiveness of Early Termination Clauses in University Coaching Contracts: Will Coach Fran Be as Successful as Coach O’Brien? CONFERENCE: North American Society for Sport Management 2008 Conference. Toronto, Ontario, Canada, May 30, 2008.

Batista, P.J. (2008). At the “Schoolhouse Gate:” Forty Years after Tinker Courts Continue to Define First Amendment Rights of Athletes, Administrators and Coaches. CONFERENCE: American Alliance for Health, Physical Education, Recreation and Dance. Ft. Worth, Texas, April 8, 2008.

Batista, P.J. and Pittman, A. (2008). What Can We Say? The Supreme Court and Free Speech. CONFERENCE: American Alliance for Health, Physical Education, Recreation and Dance. Ft. Worth, Texas, April 12, 2008.

Batista, P.J. and Pittman, A. (2008). Defamation and the First Amendment: Is a Public School Coach a Public Official for Defamation Purposes? CONFERENCE: Sport and Recreation Law Association 2008 Conference. Myrtle Beach, North Carolina, February 29, 2008.

Batista, P.J. (2008). Constitutional Challenges to State High School Athletic Association Rules: Parochial Schools Win One, Lose One in Free Speech, Equal Protection Disputes. CONFERENCE: Sport and Recreation Law Association 2008 Conference. Myrtle Beach, North Carolina, February 28, 2008.

Batista, P.J. and McKelvey, S. (2007). A Legal Battle of Good v. Evil: “SAW ‘EM OFF” Lawsuit Pits First Amendment Free Speech Versus Trademark Infringement. CONFERENCE: 2007 Sport Marketing Association Conference. Pittsburgh, Pennsylvania, November 3, 2007.

Batista, P.J. and Kaburakis, A. (2007). EU and US Sport Governance: What We Have Learned from Each Other and How Those Lessons Could Contribute to the White Paper on Sport in 2007. CONFERENCE: European Political Science Network Plenary Conference. Europe: Integration and/or Fragmentation? The European Dimension in Sport / International Comparative Sport Law Panel. Ljubljana, Slovenia, June 23, 2007.

Batista, P.J. (2007). Prayer in the Locker Room: A New Twist on Student-Initiated Pre-Game Team Prayer. CONFERENCE: Sport and Recreation Law Association 2006 Conference. Chapel Hill North Carolina, March 3, 2007.

Batista, P.J. (2007). First Amendment Free Speech: Recent Cases by Athletic Director and Student-Athletes Establish Standards for Successful § 1983 Retaliation Claims Filed Against Public Schools. CONFERENCE: Sport and Recreation Law Association 2006 Conference. Chapel Hill North Carolina, March 1, 2007.

Batista, P.J. and Pittman, A. (2007). Do Heckling at a Baseball Game, or Scalping Tickets to a Football Game, Constitute Free Speech under the First Amendment? CONFERENCE: Sport and Recreation Law Association 2006 Conference. Chapel Hill North Carolina, March 1, 2007.

Batista, P.J. and Pittman, A. (2006). On the Road Again: Safety Issues with 15-Passenger Vans. CONFERENCE: Sport and Recreation Law Association 2006 Conference. Albuquerque, New Mexico, March 4, 2006.

Batista, P. J. Religious Discrimination and the Impact of Reasonable Accommodation on Athletic Event Scheduling. CONFERENCE: North American Society for Sport Management 2005 Conference, Regina, Saskatchewan, Canada, June 3, 2005.

Miller, J., Rushing, G., and Batista, P. J. The Athletes’ Right of Privacy: How Safe Are They? CONFERENCE: American Alliance for Health, Physical Education, Recreation and Dance, Chicago, Illinois, April 15, 2005.

Pittman, A., Batista, P. J., and Dorsett, Dovalee. Does the Puck Stop Here? Predicting Injured Hockey Spectator’s Ability to Recover for Injury. CONFERENCE: Sport and Recreation Law Association 2004 Conference, Virginia Beach, Virginia, March 4, 2005.

Batista, P. J. Student Athletes and the Buckley Amendment: US Supreme Court Resolves Question of University Student’s Right to Sue for Wrongful Release of Educational Records. CONFERENCE: Sport and Recreation Law Association 2004 Conference, Las Vegas, Nevada, March 4, 2004.

*Hatfield, L.C. and Batista, P. J. Home School Students Seeking NCAA Eligibility: Potential Problems and Practical Recommendations to Substantiate Eligibility Compliance. CONFERENCE: Sport and Recreation Law Association 2004 Conference, Las Vegas, Nevada, March 5, 2004.

Batista, P. J. The Coach’s Dilemma When Players Ask to Pray: Locker Room Prayer from a Different Perspective. CONFERENCE: North American Society for Sport Management 2003 Conference, Ithaca, New York, May 29, 2003.

Batista, P. J. and Pittman, A. An Analysis of Risk Management Strategies Utilized by Operators of Baseball and Hockey Facilities. CONFERENCE: North American Society for Sport Management 2003 Conference, Ithaca, New York, May 30, 2003.

Pittman, A. and Batista, P. J. Revisiting the Limited Duty Rule for Facility Owners and Operators: Does the Puck Stop Here?. CONFERENCE: American Alliance for Health, Physical Education, Recreation and Dance, Philadelphia, Pennsylvania, April 3, 2003.

Batista, P. J. and Shaunessy, M. Analyzing the Use of Governmental Immunity to Protect Public University Athletic Departments and Administrators. CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2003 Conference, Atlanta, Georgia, March 6, 2003.

Pittman, A. and Batista, P. J. Foul Ball! Revisiting the Limited Duty Rule for Baseball Facility Owners and Operators. CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2003 Conference, Atlanta, Georgia, March 6, 2003.

Batista, P. J. Telemarketing under the Telephone Consumer Protection Act and State Laws – Let Sport Marketers Beware. CONFERENCE: North American Society for Sport Management 2002 Conference, Canmore, Alberta, Canada, May 31, 2002.

Batista, P. J. Protecting the Value of Your Name and Trademark on the Internet: ICANN’s Uniform Dispute Resolution Procedure. CONFERENCE: North American Society for Sport Management 2002 Conference, Canmore, Alberta, Canada, May 31, 2002.

Batista, P. J. and Sagas, M. Comprehension of Title IX among Texas Public School Superintendents. CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2002 Conference, Waco, Texas, March 9, 2002.

Batista, P. J. and Pittman, A. Sport Law in Academia: A Descriptive Analysis of Who We Are, What We Teach and How We Publish. CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2002 Conference, Waco, Texas, March 8, 2002.

Miller, J., Batista, P. J., Seidler, T. and Rushing, G. Are Universities Providing Adequate Safety for Spectators at Sporting Events? CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2002 Conference, Waco, Texas, March 7, 2002.

Miller, G., Dollar, J., and Batista, P. J. A discussion of Sport Management internship assessments. CONFERENCE: National Association for Physical Education in Higher Education Annual Conference, San Antonio, Texas, January 11, 2002.

Sagas, M. and Batista, P. J. The Importance of Title IX compliance on the Job Satisfaction and Occupational Turnover Intent of Intercollegiate Coaches. CONFERENCE: North American Society for the Sociology of Sport, San Antonio, Texas, October 31 – Nov. 3, 2001.

Batista, P. J. and Sagas, M.  Perceived compliance with the Title IX benefits and treatments clauses. CONFERENCE: Society for the Study of Legal Aspects of Sport and Physical Activity 2001 Conference, Ridgedale, Missouri, March 8, 2001.