Directory » PAUL J. BATISTA, J.D.
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 pbatista@tamu.edu
 215 GGB
 845-2391
PAUL J. BATISTA, J.D.
Associate Professor
Curriculum Vitae
Paul J. Batista, JD, is an Associate Professor in the Sport Management Division in the Department of Health and Kinesiology within the College of Education and Human Development, serving as Division Chair and Associate Department Head from 2010-2014. He received his Juris Doctor degree from Baylor University Law School in 1976, and his B.S. in Business Administration from Trinity University in 1973. In 2013 he earned a Certificate of Advanced Studies in European Sports Law and Policy presented by the Faculty of Law, University of Leuven, Belgium.

In 2016 President Young appointed Dr. Batista the Faculty Athletics Representative for Texas A&M, making him the primary liaison to the NCAA and SEC. He also serves on the Faculty Athletics Council and the A&M Pro Sports Panel that advises student-athletes contemplating a career as a professional athlete.

He has practiced law since 1976, primarily in Caldwell, Texas. He has been admitted to practice before the United States Supreme Court, is licensed to appear in all courts in Texas including the Texas Supreme Court, is a certified Mediator and Arbitrator, and has been elected a Life Fellow in the Texas Bar Foundation. Dr. Batista has also served as County Judge of Burleson County, Texas, handling the administrative duties of the County, as well as presiding over the County Court hearing civil, criminal, juvenile, probate, and other types of cases. He was a certified athlete agent for 12+ years during his time actively practicing law.

He has taught the Legal Aspects of Sport classes at Texas A&M since 1991. In 2015 he was presented with the Texas A&M Bush Excellence Award for Faculty in International Teaching by the George H.W. Bush Presidential Library Foundation. He has also received the Texas A&M Association of Former Students Distinguished Achievement Award in Teaching, the Student Led Award for Teaching Excellence, and has been named a Montague Center for Teaching Excellence Scholar. His teaching evaluations average 4.9+ on a 5 point scale.

Dr. Batista is a member and Past-President of the Sport and Recreation Law Association, and was named a member of the inaugural class of Research Fellows. In 2015 he was named the recipient of the Betty van der Smissen Leadership Award, the highest award presented by the Sport and Recreation Law Association. His primary research interest is sports related liability issues in school settings, with particular emphasis on First Amendment religion and free speech issues. He has authored 35 research publications and book chapters which have appear in journals such as the Journal of Legal Aspects of Sport, Marquette Sports Law Review, The University of California Hastings Communications and Entertainment Law Journal, The University of Texas Journal of Entertainment and Sport Law, Sport Marketing Quarterly, the Journal of the Academy of Marketing Science, and the Journal of Physical Education, Recreation & Dance, among others. He has delivered over 95 research presentations at numerous conferences, continuing legal education seminars, and Law Schools throughout the United States, as well as in Canada, China, Germany, Ireland, Slovenia and South Korea. He is an affiliated faculty member of the Center for Sport Management Research and Education.

He also leads the 5-week Sport Business in Europe study abroad to Germany and Austria each summer, making site visits to international headquarters of sport organizations and sponsors such as the International Paralympics, Red Bull, Adidas, Bayern M[252]nchen, DHL, several stadia, and cultural site visits such as Dachau Concentration Camp, Rhine River castles, and historical towns.


Webpage: http://batista.tamu.edu

Education
J.D., Law, Baylor University Law School (1976)
B.S., Business Administration, Trinity University (1973)
TEACHING AWARDS
2011 - 2012 Teacher of the Year, Sport Management Division, Department of Health and Kinesiology; 2008 Student Led Award for Teaching Excellence (SLATE); 2006 - 2007 Teacher of the Year, Sport Management Division, Department of Health and Kinesiology; 2003 - 2004 Association of Former Students Distinguished Achievement Award in Teaching; 2003 - 2004 Montague Center for Teaching Excellence Scholar Award; 2002 - 2003 Nominated by College of Education and Human Development for the Association of Former Students Distinguished Achievement Award in Teaching; 2000 - 2001 Teacher of the Year, Department of Health and Kinesiology, Division of Kinesiology
COURSES TAUGHT
KINE285. Drctd Stds: Germany
2008B,2007B
KINE337. Intl Sprt Busi-germany
2007B
KINE421. Legal Aspects Of Sport
2008A,2007C,2007A,2006C,2005C
KINE421. Lgl Aspcts Sprt-germany
2007B
KINE421.
2006A,2005A
KINE483. Prctcm Kine In Absentia
2008B,2007B
KINE483. Practicum In Kinesiology
2008A,2006C
KINE484. Intrnshp Kine-inabsentia
2007B
KINE484. Internship In Kine
2008A,2007B
KINE485. Directed Studies
2008B,2008A,2007B,2006B
KINE485. Drctd Stds: In-absentia
2008B
KINE485. Drctd Stds: Germany
2008B,2007B
KINE655. Rec And Sprt Law-germany
2008B
KINE655.
2005A
KINE655. Rec And Sports Law
2008A,2006A
KINE681. Seminar
2009A
KINE682. Sem: Athletic Compliance
2009A
KINE683. Practicum In Kinesiology
2008B,2007C,2006C,2006A
KINE684. Professional Internship
2009B,2009A,2008C,2008B,2007B
KINE684. Professional Intrshp: Inabsentia
2009A,2005C
KINE684.
2005A
KINE685. Drctd Stds - Germany
2008B
KINE685. Directed Studies
2009B,2009A,2008C,2008B,2007C
KINE692.
2005B
KINE692. Professional Study
2008B,2008A,2007C,2007B,2007A
SPMT337. INTNL SPORT BUSINESS
2019B,2018B,2017B,2016B,2014B
SPMT340. SPORT GOVERNANCE
2020B,2020A,2019B,2018B,2017B
SPMT421. LEGAL ASPECTS OF SPORT
2020C,2020A,2019C,2019A,2018C
SPMT481. SEMINAR
2020C,2020B,2020A,2019C,2019B
SPMT482. SEMINAR
2016B,2016A,2015C,2015B,2015A
SPMT483. PRACTICUM IN SPORT MGMT
2018B,2015B,2015A,2014B,2012C
SPMT485. DIRECTED STUDIES
2019B,2018C,2018B,2017B,2016B
SPMT655. SPORT LAW
2020B,2019B,2018B,2018A,2017C
SPMT683. PRACTICUM IN SPORT MGMT
2019B,2014B,2013B
SPMT684. INTERNSHIP IN SPT MGMT
2014B,2013C,2013B,2012A
SPMT685. DIRECTED STUDIES
2019B,2018B,2017B,2016B,2015B
FORMER DOCTORAL STUDENTS
Robert Clark (Spring 2010)
Lance Hatfield (Summer 2008)
SELECTED PUBLICATIONS
Journal Articles
Batista, P.J. (2013). Title IX Cheerleading Case Earns School District [48]1CThree Cheers[48]1D from Fifth Circuit. The Journal of Physical Education, Recreation & Dance, 84 (1) 14-5
*Bouchet, A., Batista, P.J., & *Hutchinson, M. (2012). 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, 27 147-163
Osborne, B. & Batista, P.J. (2012). Time Out! Federal Court Decision Clarifies Ownership of Broadcast Rights in High School Sports Events. Sport Marketing Quarterly, (20(1) 53-55
Batista, P.J. (2009). Criticizing the Coach: Free Speech, Defamation, or Privileged Communication? The Journal of Physical Education, Recreation & Dance, 80 (1) 9-10
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
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
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. (2008). The Boundaries of First Amendment Speech for Public School Students: Morse v. Frederick. The Journal of Physical Education, Recreation & Dance, 79 (3) 8-9.
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 12th Man Please Stand Up? Texas A&M and Seattle Seahawks Settle Dispute over Right to Identify Fans as "12th 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. (2005). Religious accomodation in high school athletics scheduling. The Journal of Physical Education, Recreation & Dance, 76(1), 9.
Batista, P.J., & Hatfield, L.C. (2005). Learn at Home, Play at School: A State-by-State Analysis 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. & Pittman, A. (2005). Peer-grading passes the Supreme Court test. The Journal of Physical Education, Recreation & Dance, 76(2), 10.
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. (2003). Telemarketing and the TCPA: Let the seller beware. Journal of the Academy of Marketing Science, 31 (1), 97-98.
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.
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.
Southall, R., Nagel, M., Batista, P.J., & 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. (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.
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. (2001). Just the fax, ma am: Do unsolicited faxes violate Texas law? Texas Entertainment and Sports Law Journal, 10 (1), 4-7.
Sagas, M., & 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.
Book Chapters
Batista, P.J. and Pittman, A. (2017). Supervision. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (7th ed.). Dubuque, IA: Kendall/Hunt Publishing Company.
Batista, P.J. (2014). Sport industry and the law. In A. Gillentine & R. B. Crow (Eds.), Foundations of sport management (3rd ed., pp. 203-220). Morgantown, WV: Fitness Information Technology.
Batista, P.J. (2013). Transportation. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (6th ed., pp. xx-xx). Dubuque, IA: Kendall/Hunt Publishing Company
Batista, P.J. and Gaskin, L.P. (2013). Supervision. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (6th ed., pp. xx-xx). Dubuque, IA: Kendall/Hunt Publishing Company
Batista, P.J. (2010). Transportation. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (5th ed., pp. 178-189). Dubuque, IA: Kendall/Hunt Publishing Company.
Batista, P.J. (2009). Sport industry and the law. In A. Gillentine & R. B. Crow (Eds.), Foundations of Sport Management (2nd ed., pp. 125-141). Morgantown, WV: Fitness Information Technology.
Gaskin, L.P. and Batista, P.J. (2007). Supervision. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (4th ed., pp. 119-132). Dubuque, IA: Kendall/Hunt Publishing Company.
Pittman, A. and Batista, P.J. (2007). Transportation. In D. J. Cotton & J. T. Wolohan (Eds.), Law for recreation and sport managers (4th ed., pp. 133-145). Dubuque, IA: Kendall/Hunt Publishing Company.
Batista, P.J. (2005). Sport industry and the law. In A. Gillentine & R. B. Crow (Eds.), Foundations of sport management (pp. 125-141). Morgantown, WV: Fitness Information Technology.
RESEARCH PROJECTS
Catapult Round 2 - Follow-up Snook ISD as a CEHD Lab School Project Mission (Funded amount $30,345)
Co-PI (). TAMU College of Education & Human Development (State)
2016-05-01 — 2017-05-31
PGA Golf Management University (GMU) Program Assessment
Co-I (). PGA of America (Private)
2015-10-01 — 2016-09-30
AWARDS
Distinguished Achievement Award in Teaching. Association of Former Students. (2003)
Honor Award. Sport and Recreation Law Association. (2013)
Montague Center for Teaching Excellence Scholar (2003)
Sports Management Teacher of the year award. HLKN dept, CEHD TAMU. (2017)
Teacher of the Year. Department of Health and Kinesiology TAMU. (2002)
LEADERSHIP POSITIONS
Board of Directors. Citizens State Bank, Somerville, Texas. (2011)
Chair. Membership Relations Committee, Sport and Recreation Law Association. (2011)
Nominating Committee. Sport and Recreation Law Association. (2005)
Secretary. Sport and Recreation Law Association. (2005)