Paul C. Weiler

Henry J. Friendly Professor of Law, Emeritus

Biography

Paul Weiler is the Henry J. Friendly Professor of Law (Emeritus). He earned a Bachelor and Master of Arts from the University of Toronto in 1960 and 1961 respectively. He received his LL.B. from Osgoode Hall Law School in 1964 and his LL.M. from Harvard Law School in 1965. Professor Weiler joined the Harvard Law School Faculty in 1993. He is a widely published expert in labour law, sports law, and tort.

Areas of Interest

Paul C. Weiler, Gary R. Roberts, Roger I. Abrams, Stephen F. Ross, Michael C. Harper, Jodi S. Balsam & William W. Berry III, Sports and the Law: Text, Cases, and Problems (West Academic Publ'g 6th ed. 2018).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Gaming & Sports Law
,
Legal Education
Type: Book
Abstract
The sixth edition of this leading casebook explores legal issues in both professional and amateur sports, organized to provide instructors with flexibility to cover selected doctrinal areas or industry sectors. Extended treatment is given to the key subjects of labor, antitrust, intellectual property, and the law of private associations. The casebook also covers the unique office of the league commissioner and its special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the role of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of college athletics as governed by the NCAA and subject to Title IX; and the operation of international Olympic sports. Key features include: Recent landmark Supreme Court decisions affecting the entire sports industry, including legalizing sports gambling (Murphy v. NCAA) and affirming trademark free speech (Matal v. Tam) Updated materials on sports league commissioner disciplinary authority and judicial review of sports league arbitration awards Updated materials on the business of sports, with exercises on the business dynamics of sports labor markets and on league decision-making about commercial practices Reorganized chapter on agent representation of the athlete, with new coverage of foundational principles of agency law Key decisions affecting college athletics, involving antitrust challenges to amateurism (In re NCAA Athletic Grant-in-Aid Cap Antitrust Litigation and Deppe v. NCAA) and penalties for rules infractions (UNC Public Infractions Decision) Expanded materials on the function, regulatory apparatus, and activities of the NCAA Reorganized chapter on international and Olympic sports, covering recent cases involving doping and hyperandrogenism Expanded materials on athlete health and safety, including claims related to concussions and prescription drug abuse.
Paul C. Weiler, Gary R. Roberts, Roger I. Abrams & Stephen F. Ross, Sports and the Law: Text, Cases, and Problems (West Academic Publ'g 5th ed. 2015).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Gaming & Sports Law
,
Legal Education
Type: Book
Abstract
This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as well as the structure and operation of international Olympic sports. Newly organized to enhance understanding, it also provides means for summary or detailed analysis of antitrust principles, and how these principles can be used to understand business dynamics. It also covers issues of statutory interpretation, administrative law, and torts before a variety of forums, including state and federal courts, agencies, and arbitration. The new edition updates material on the business of sports with the latest antitrust, drug testing and labor relations cases, in addition to new material on international athletics.
Paul C. Weiler & Gary Myers, Entertainment, Media, and the Law: Text, Cases, and Problems (4th ed. 2011).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Arts & Entertainment Law
Type: Book
Abstract
The fourth edition of this popular casebook reflects many new developments in the rapidly changing entertainment industry, both from a legal and practical perspective.
Paul C. Weiler, A Principled Reshaping of Labor Law for the Twenty-First Century, 3 U. Pa. J. Lab. & Emp. L. 177 (2001).
Categories:
Labor & Employment
Sub-Categories:
Labor Law
Type: Article
Paul C. Weiler, Leveling the Playing Field: How the Law Can Make Sports Better for Fans (Harv. Univ. Press 2000).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Gaming & Sports Law
Type: Book
Abstract
The world of sports seems entwined with lawsuits. This is so, Paul Weiler explains, because of two characteristics intrinsic to all competitive sports. First, sporting contests lose their drama if the competition becomes too lopsided.
Paul C. Weiler, Fixing the Tail: The Place of Malpractice in Health Care Reform, 47 Rutgers L. Rev. 1157 (1995).
Categories:
Health Care
,
Civil Practice & Procedure
Sub-Categories:
Torts
,
Medical Jurisprudence
Type: Article
Kenneth S. Abraham & Paul C. Weiler, Enterprise Medical Liability and the Evolution of the American Health Care System, 108 Harv. L. Rev. 381 (1994).
Categories:
Health Care
,
Civil Practice & Procedure
Sub-Categories:
Torts
,
Medical Jurisprudence
Type: Article
Kenneth S. Abraham & Paul C. Weiler, Enterprise Medical Liability and the Choice of the Responsible Enterprise, 20 Am. J.L. & Med. 29 (1994).
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Article
Christopher F. Edley, Jr. & Paul C. Weiler, Asbestos: A Multi-Billion-Dollar Crisis, 30 Harv. J. on Legis. 383 (1993).
Categories:
Environmental Law
Sub-Categories:
Toxic Torts
Type: Article
Paul C. Weiler, A Measure of Malpractice: Medical Injury, Malpractice Litigation, and Patient Compensation (Harv. Univ. Press 1993).
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Book
Abstract
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system.
Paul C. Weiler, Hard Times for Unions: Challenging Times for Scholars, 58 U. Chi. L. Rev. 1015 (1991).
Categories:
Labor & Employment
Sub-Categories:
Labor Law
Type: Article
Paul C. Weiler, Enterprise Responsibility for Personal Injury: Reporters' Study (A.L.I. 1991).
Categories:
Civil Practice & Procedure
Sub-Categories:
Torts
Type: Book
Paul C. Weiler, Medical Malpractice on Trial (Harv. Univ. Press 1991).
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Book
Abstract
Examines the medical malpractice crisis, suggests shifting insurance responsibility from doctors to hospitals, and proposes a no-fault liability system.
Paul C. Weiler, Milestone or Tombstone: The Wagner Act at Fifty, 23 Harv. J. on Legis. 1 (1986).
Categories:
Government & Politics
,
Labor & Employment
Sub-Categories:
Congress & Legislation
,
Labor Law
Type: Article
Richard H. Fallon, Jr. & Paul C. Weiler, Firefighters v. Stotts: Conflicting Models of Racial Justice, 1984 Sup. Ct. Rev. 1.
Categories:
Discrimination & Civil Rights
,
Labor & Employment
Sub-Categories:
Race & Ethnicity
,
Employment Discrimination
Type: Article
Joseph S. Dupre & Paul C. Weiler, A Sense of Proportion and a Sense of Priorities: Reflections on the Report of the Task Force on Canadian Unity, 57 Can. Bar Rev. 446 (1979).
Categories:
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Foreign Law
Type: Article