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Articles 1 - 30 of 113
Full-Text Articles in Law
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
University of Michigan Journal of Law Reform
A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
University of Michigan Journal of Law Reform
Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler
The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler
West Virginia Law Review
No abstract provided.
Introduction To Keynote Address, John D. Feerick
Introduction To Keynote Address, John D. Feerick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips
Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill
Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
Let's Be Reasonable Here: Why The Ada Will Not Ruin Professional Sports, Michael Waterstone
BYU Law Review
No abstract provided.
Baseball, Besuboru, Yakyu: Comparing The American And Japanese Games, Masaru Ikei
Baseball, Besuboru, Yakyu: Comparing The American And Japanese Games, Masaru Ikei
Indiana Journal of Global Legal Studies
No abstract provided.
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
Indiana Journal of Global Legal Studies
No abstract provided.
The Globalization Of Baseball: A Latin American Perspective, Angel Vargas
The Globalization Of Baseball: A Latin American Perspective, Angel Vargas
Indiana Journal of Global Legal Studies
No abstract provided.
The Globalization Of Baseball: Reflections Of A Sports Writer, Leonard Koppett
The Globalization Of Baseball: Reflections Of A Sports Writer, Leonard Koppett
Indiana Journal of Global Legal Studies
No abstract provided.
Baseball In Canada, Samuel R. Hill
Baseball In Canada, Samuel R. Hill
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: Baseball In The Global Era: Economic, Legal, And Cultural Perspectives Symposium, David Fidler
Introduction: Baseball In The Global Era: Economic, Legal, And Cultural Perspectives Symposium, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv
Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv
Indiana Journal of Global Legal Studies
No abstract provided.
The Magic Of Baseball (Keynote Lecture), Roberto Gonzalez Echevarria
The Magic Of Baseball (Keynote Lecture), Roberto Gonzalez Echevarria
Indiana Journal of Global Legal Studies
No abstract provided.
Governing Sports In The Global Era: A Political Economy Of Major League Baseball And Its Stakeholders, Mark S. Rosentraub
Governing Sports In The Global Era: A Political Economy Of Major League Baseball And Its Stakeholders, Mark S. Rosentraub
Indiana Journal of Global Legal Studies
No abstract provided.
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Indiana Law Journal
No abstract provided.
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Washington International Law Journal
Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
Federal Communications Law Journal
This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …
Zen And The Art Of Jursiprudence, Matthew K. Roskoski
Zen And The Art Of Jursiprudence, Matthew K. Roskoski
Michigan Law Review
Lawyer bashing is by no means a remarkable phenomenon. It was not remarkable when Shakespeare wrote, "[t]he first thing we do, let's kill all the lawyers," and it's not remarkable today. Paul Campos, however, has written a particularly readable example, blending venerable Western lawyer-bashing and pop psychology with unsystematic invocations of Eastern religion. Jurismania is named after Campos's theory that the American legal system has a lot in common with a person suffering from an obsessive-compulsive disorder, an addiction to law that does neither the patient nor those around him much good. In Jurismania, Campos criticizes our insistence on regulating …
Miranda'S Fall?, Kenji Yoshino
Miranda'S Fall?, Kenji Yoshino
Michigan Law Review
If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
Michigan Law Review
For legal scholars it is the best of times. We are inundated by an eclectic range of writing that pushes the envelope from analysis and synthesis to the upper reaches of theory. Mainstream topics face fierce competition from fresh ideological visions, a variety of genres, and spirited criticism of the status quo. Young professors have access to a burgeoning variety of journals to circulate their ideas and advice while the mass media covets them as public intellectuals. There is a less sanguine mood; an increasingly vocal group of scholars complain that it is the worst of times and refer to …