Law Commons^™

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …

Interview With Manning Kimmel - Oh 221, Manning Kimmel

Winthrop University Oral History Program

In his March 10, 2015 interview with Rebecca Masters, Manning Kimmel reflects on the DiGiorgio Administration. Kimmel recounts DiGiorgio’s efforts to grow Winthrop and create a bridge between the University and Rock Hill. Throughout the interview, Kimmel summarizes the general consensus of the Rock Hill community in recent key events at Winthrop. This interview was conducted for inclusion into the Louise Pettus Archives and Special Collections Oral History Program.

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds

Edmund P. Edmonds

Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …

F13rs Sgr No. 6 (Paul Dietzel Condolence), Harper, Loga, Beadle

Student Senate Enrolled Legislation

No abstract provided.

The American Public’S Perception Of Illegal Steroid Use: A National Survey, 2013, Gary Siperstein, Neil Romano, Gizem Iskenderoglu, Anthony Roman, Floyd J. Fowler Jr., Max Drascher

Center for Social Development and Education Publications

Through the surge of news about doping scandals in the media, it is expected that the public is aware of the magnitude of the problem among professional athletes; however, it is uncertain whether the public is aware that the problem often starts when athletes are younger. To this end, the National Baseball Hall of Fame and Museum, the Taylor Hooton Foundation, and the Professional Baseball Athletic Trainers Society partnered with the Center for Social Development and Education and the Center for Survey Research at the University of Massachusetts Boston to conduct the most comprehensive national opinion survey to date to …

The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac

Faculty Publications

It has been thirty-five years since the passage of Title IX of the Education Amendment of 1972. Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in …

Doing Affirmative Action, Stephen Clowney

Stephen Clowney

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Game Changer, Erin Buzuvis

Faculty Scholarship

This Article celebrates the 40th anniversary of Title IX and the activists who have fought for women's equal educational opportunities. Title IX's success is due to the eternal vigilance of the law's supporters, who continue to defend it through the political process and in the courts. The Author notes that this vigilance must continue in order for the law to address persistent sex discrimination, and to guard against unwarranted sex segregation.

Including Transgender Athletes In Sex-Segregated Sport, Erin E. Buzuvis

Faculty Scholarship

The Author focuses her chapter on the varying degrees of trans inclusive policies found across the sport spectrum. Presently, private and public policy addressing participation by transgender athletes can be described on a spectrum of least to most inclusive. The Author’s chapter describes and evaluates different ways in which athletic associations and sport organizers are trying to accommodate transgender athletes into single-sex athletic teams. It ends with recommendations for advocacy to promote the inclusion of transgender athletes across all sports.

Tattoos, Tickets And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Meg Penrose

Meg Penrose

Please find attached a copy of my recently completed article entitled Tattoos, Tickets and Other Tawdry Behavior: How Universities Use Federal Law to Hide Their Scandals. The article challenges the manner in which schools and their athletic departments invert a federal student privacy law, FERPA, to protect unseemly behavior and athletic scandals. Four case studies are presented: the University of Maryland and one athlete's accumulation of over $8,200 in parking fines; North Carolina University's athletic department scandal involving parking tickets and improper benefits (for which, just yesterday, the head football coach was fired and the Athletic Director resigned); Florida State …

Tattoos, Tickets And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Meg Penrose

Meg Penrose

Tattoos, Tickets And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Meg Penrose

Meg Penrose

Please find attached a copy of my recently completed article entitled Tattoos, Tickets and Other Tawdry Behavior: How Universities Use Federal Law to Hide Their Scandals. The article challenges the manner in which schools and their athletic departments invert a federal student privacy law, FERPA, to protect unseemly behavior and athletic scandals. Four case studies are presented: the University of Maryland and one athlete's accumulation of over $8,200 in parking fines; North Carolina University's athletic department scandal involving parking tickets and improper benefits (for which, just yesterday, the head football coach was fired and the Athletic Director resigned); Florida State …

S11rs Sgr No. 2 (Purple Game), Beadle, Voss

Student Senate Enrolled Legislation

No abstract provided.

S11rs Sgr No. 9 (Priority Points), Loga, Beadle

Student Senate Enrolled Legislation

No abstract provided.

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …

Actual Notice And Deliberate Indifference: The Impact Of Mansourian V. Regents Of The University Of California On Title Ix, Mitchell J. Kim

Mitchell J Kim

The recent Ninth Circuit case of Mansourian v. Regents of the University of California held that individuals could file claims in court against schools for discriminating based on gender in violation of Title IX without first notifying the school of the alleged violation so that it might have an opportunity to rectify the violation. Specifically, the “notice and opportunity” requirement is not required in the context of intercollegiate athletics. The Court mistakenly equated “deliberate indifference” with “intentional action,” thereby relieving claimants of any responsibility to resolve the problems with the schools themselves. Due to the flexible standards for a school …

Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis

Faculty Scholarship

Discrimination against women seeking or serving in leadership positions in sport is worthy of analysis, not only for the sake of individual women who desire to self-actualize as a head coach or athletic administrator, but because the unique role of sport in society gives underrepresentation of women in leadership positions additional significance. Due to its high visibility and widespread appeal—its veritable iconic status—sport is a salient site of cultural production. That is, sport operates on a symbolic level, reflecting and transmitting shared cultural values. Among these values, sport helps define the attributes associated with leadership, and thus, derivatively, power. By …

Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis

The Modern American

No abstract provided.

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Fights & Frenzy
• Day, Michelle. Gunfire Unconfirmed, Investigation Continues
• Hale, Marianne. Campus, Community Voice Concerns
• Timeline of Events
• Slitz, Alex. A Thousand Words – Charus Changchit
• Howerton, Christina. Enrollment Increases 2.6 Percent
• Howerton, Christina. Task Force Explores Ways to Make College Cost Less
• Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
• Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
• Schwab, Edmond. Learn the Background of the Financial Troubles
• Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
• Cawthorn, Shawna. Poor Football …

Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget

University of Richmond Law Review

This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency principals will …

Blurring The Boundary Lines Between Amateur And Professional Sports, Kenneth D. Ferguson

Faculty Works

The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest for historic preservation. The boundaries between amateur and professional sports are maintained by legal doctrines in several areas.

Application of tort law to coaches' liability for conduct leading to injuries to athletes reflects and preserves the boundary lines between professional and amateur sports. Although the implied assumption of risk doctrine should preserve that distinction, some courts have applied …

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

Christopher J. Walker

As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women's sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the areas of …

Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli

Scholarly Works

No abstract provided.

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.

Ua12/2/1 College Heights Herald, Vol. 83, No. 4, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

Ua12/2/1 College Heights Herald, Vol. 83, No. 3, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.