Curriculum Vitae

John C. Weistart

Education

J.D., School of Law, Duke University, 1968. Order of the Coif; Editor-in-Chief Duke Law Journal.
B.A., Illinois Wesleyan University, 1965.
Honory LL.D., Illinois Wesleyan University, 1981.

Bar Admission

Illinois, 1968.
North Carolina, 1981.

Teaching Positions

Duke University School of Law, since 1969. Visiting Professor: Harvard University, University of Michigan, University of Virginia, University of California at Los Angeles, Washington University, University of Denver.

Judicial Clerkship

Walter V. Chaeffer, Justice, Supreme Court of Illinois.

Law Firm

Sidley and Austin, Chicago, Illinois (1988).

Areas of Teaching and Research

Commercial Paper; Secured Transacions; Contracts (including Sales); Credit Transactions; Antitrust; Athletics and the Legal Process; Labor Law.

Professional Editorships

Duke Law Journal, Editor-in-Chief, 1967-1968.
Law and Contemporary Problems, Editor-in-Chief, 1969-1973.
Journal of Business Law, Developments Editor, 1969-1973.

Publications

Commercial Law - Contracts

Cases and Materials on Commercial Transactions (private publication, 1997).
Rethinking Holder in Due Course (in progress)
The Allocative Effects of Commercial Law: Comments on Butner v. United States (monograph, Center for Law and Economics, Emory University).
The Interaction of Article 9 and the New Bankruptcy Code, North Carolina Bar Foundation, December 1980.
The Costs of Bankruptcy, 41 Law and Contemporary Problems 107 (1977).
Requirements and Output Contracts Under the UCC: Limitations on Quantity Variations, 1973 Duke Law Journal 599.
Consumer Protection in the Credit Card Industry: Federal Legislative Controls, 70 Michigan Law Review 1475 (1972).
The Interactions of Constitutional Privilege and Statutory Immunity in Bankruptcy Examinations, 53 Minnesota Law Review 29 (1968).

Athletics Industry

Book, The Law of Sports (1979, with Cym H. Lowell) (1200 pp.) 1985 Supplement.
Athletics and Antitrust: Cases and materials (private publication, 1996).
Can Gender Equity Find a Place in Commercialized College Sports?, 3 Duke J. Gender L. & Policy 191 (1996).
The Role of Faculty in the Governance of College Athletics, A Report of the Special Committee on Athletics, 76 Academe 43 (January-February 1990).
College Sports Reform: Where Are the Faculty?, 73 Academe 12 (July-August 1987).
Legal Consequences of Standard Setting for Competitive Athletes with Cardiovascular Abnormalities, 6 Journal of American College of Cardiology 1189 (1985).
Legal Control of Franchise Relocation: A Perspective on Competition and Cooperation in the Sports Industry, 1984 Duke Law Journal 1013.
Legal Accountability and the NCAA, 10 Journal of College & University Law 167 (1983-84).
Rule-Making in Interscholastic Sports: The Basis of Judicial Review, 11 Journal of Law & Education 291 (1982).
Antitrust Issues in the Regulation of College Sports, in Symposium on Post Secondary Athletics and the Law, 5 Journal of College & University Law 77 (1978-79).
Player Discipline in Professional Sports: The Antitrust Issues, 18 William & Mary Law Review 703 (1977).
Foreword, Athletics, 38 Law & Contemporary Problems 1 (1973).

Op-Ed Commentaries

The 90's University: Reading, Writing and Shoe Contracts, New York Times, November 18, 1993, � 8, p. 23, col. 2.
How Colleges Can Cash In on Their Coaches, Wall Street Journal, September 11, 1992, p. A18, col. 4.
College Bowls: Apple Pie and Taxation With Justification, New York Times, December 22, 1991, � 8, p. 9, col. 2.
Serious Reform of College Sports Must Go Beyond Fine Tuning, Chronicle of Higher Education, January 10, 1990, p. A52, col. 1.
In This Case, Everyone Had a Motive, New York Times, September 6, 1987, � 5, p. 10, col. 2.
The Rhetoric of Freshman Ineligibility, Atlanta Journal/Constitution, January 4, 1987, � D, p. 1, col. 1 (with A. Kenneth Pye).
National Commission Needed to Improve College Athletics, Washington Post, July 6, 1986, p. C6, col. 4 (with Arthur Padilla).
A College Sports Commissioner: The Time Is Now, New York Times, November 3, 1985, � 5, p. 2, col. 1.
Will College Sports Reform Be Business As Usual?, New York Times, June 16, 1985 � 5, p. 2, col. 1.
The Unnatural Athletic-Academic Link, New York Times, August 5, 1984, � 5, p. 2, col. 1.

Selected Professional Activities

Consultant

Federal Trade Commission, 1981-94.
Federal Reserve Board, 1975-76.

Testimony

Testimony, The Movement of Sports Franchises: Defining the Regulatory Problem, Before the Subcommittee on Monopolies and Commercial Law of the House Committee on the Judiciary, July 1981.
Testimony on the Fair Credit Billing Act (S. 914 and S. 1630) Before the Committee on Consumer Credit, United States Senate Committee on Banking and Urban Affairs, May 21, 1973.
Testimony Before the Federal Trade Commission on Proposed Rule on Preservation of Consumer Defenses in Credit Transactions, March 12, 1973.

Papers (Commercial Law)

The Allocative Effects of Commercial Law, University of Minnesota School of Law, March 1981.
The Allocative Effects of Commercial Law, Center for Law and Economics, Emory University, 1980.
The Economics of Bankruptcy Reform, Center for Law and Economics, University of Miami, 1976.

Athletics

Presentation to the Parks Scholars, North Carolina State University, Ethical Issues in College Sports (April 1997).
Moderator, Panel Discussion, Legal Issues in College Sports, Duke Law Alumni Conference (October 1995).
Moderator, Panel Discussion, "Substantial Proportionality and Title IX," Conference on Gender Equity, Duke University (April 1995).
Chairman, Special Committee on Athletics, American Association of University Professors, 1989-90.
Speech, Ethical Issues in College Sports, Duke University, October 1989.
Moderator, The News Media Today: Image Makers or Image Breakers, Duke University Forum, Washington, D. C., April 18, 1988.
Conference Panel Moderator, Media Economics and Sports Coverage, Gannett Center for Media Studies, Columbia University, New York, November 3, 1987.
Chairman, Special Committee to Formulate a Policy Position on the Role of Athletics in Higher Education, American Association of University Professors, 1987- .
Vice-Chair, Sports Law Subcommittee of the Section on Torts and Insurance of the American Bar Association, 1987- .
Participant, Conference on the Sociological and Psychological Experiences of Athletes, sponsored by the Amateur Athletic Foundation of Los Angeles and the NCAA Presidents Commission, Los Angeles, May 14-16, 1987.
Keynote Speaker, Investigative Reporting for Sports, Annual Conference for Investigative Reporters & Editors, Jacksonville, Florida, February 20-21, 1987.
Executive Producer, Fair Game!, an hour-long PBS program exploring current issues in college sports which was broadcast on 250 of 318 PBS stations, January-March 1987.
Producer, Education and Athletics: Winners and Losers, National Sports Forum '86, April 17, 1986.
Presentation, Policy Issues in the Teaching of Sports Law, Section on Sports Law, Association of American Law Schools, January 1986.
Member, Counseling Committee for Pre-Professional Athletes, Duke University, 1985-90.
Speech, The Legal Consequences of Standard-Setting for Cardiovascular Assessment of Athletes, American College of Cardiology, Bethesda, Maryland, October 4-5, 1984.
Chairman, Section on Sports, Association of American Law Schools, 1982-83.
Presentation, The Legal Risks of Individually Negotiated Contracts in Baseball, Meeting of the General Managers of Major League Baseball, Chicago, July 1982.
Speech, The State of the Law in Professional Sports: Collective Bargaining and Antitrust, PLI, New York City, June 16-18, 1982.
Speech, Arbitration: Mechanics of Enforcement, Sports Lawyers Association, Ft. Lauderdale, Florida, March 12-13, 1982.
Speech, The Legal Risk in Examinations, American Heart Association, New York City, December 1981.
Speech, Rule-Making in Interscholastic Sports: The Bases of Judicial Review, Center for Law and Sports, University of Indiana, August 1981.
Speech, Sports Litigation in the 1980's, Washington University School of Law, St. Louis, February 1981.
Numerous appearances and background interviews for broadcast and print media, including NBC Television, CBS Television, Sports Illustrated, Newsweek, The New York Times, The Washington Post and The Wall Street Journal.