Entertainment, Arts, and Sports Law Commons^™

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes

American University Law Review

The National Labor Relations Board ruled in Columbia University that student assistants who have a common law employment relationship with their university are statutory employees under the National Labor Relations Act, which granted them full bargaining rights and union protection. However, just one year earlier, the Board decided to not address the question of whether college athletes receiving grant-in-aid scholarships should similarly be accorded the protections of the Act as statutory employees. Importantly, the Board noted that it was well-suited to make that determination in the future.

College athletes have been left in legal limbo as the teams, universities, and …

A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger

Brigham Young University Education and Law Journal

No abstract provided.

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …

Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin

Scholarly Works

Symposium: Playing with Pride: LGBT Inclusion in Sports.

Unlike schoolteachers, janitors, coaches, food-service directors, organists, and other workers, professional athletes usually command center stage in society. Their successes and failures loom larger than life. Sometimes their prominent lives highlight themes hidden from public discussion or neglected by the majority. Professional basketball player Brittney Griner's autobiography does just that, by illuminating how "religious freedom" can undermine equality, especially LGBT equality.

Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin

UIC Review of Intellectual Property Law

The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.

Leading New Lawyers: Leadership And Legal Education, Michael J. Madison

Articles

Lawyers may become leaders, but leaders also may become lawyers. The path to leadership can begin in law school. This short essay describes a leadership development course developed and implemented at a law school over the last four years.

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …

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

Meg Penrose

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.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Meg Penrose

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis. In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

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 …

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.

The Ncaa Student-Athlete Reinstatement Process: Say What?, Josephine R. Potuto

Buffalo Law Review

No abstract provided.

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …

Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney

UIC Law Review

This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

Oklahoma Law Review

Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …

Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston

UIC Law Review

This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.

Hitting A Home Run In Your Writing, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Faculty Scholarship

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014), Frank Battaglia

UIC Review of Intellectual Property Law

On the heels of the popular March Madness National Collegiate Athletic Association (“NCAA”) Basketball tournament, and following Northwestern University student-athletes’ success in unionizing, the extent of student-athlete publicity rights is now more contentious than ever. The divide between an ever-profiting NCAA and exploited NCAA student-athletes has sparked an evolving class-action lawsuit by former student-athletes, who challenge the licensing of their images and likenesses. This lawsuit has become a landmark test of the NCAA’s governance and notions about amateurism in college athletics. The outcome of this case will be a possible sign that compensation for both current and former student-athletes may …

The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow

Matthew Parlow

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 …

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?