Entertainment, Arts, and Sports Law Commons^™

Beyond Nil, William W. Berry, Iii

Vanderbilt Journal of Entertainment & Technology Law

The name, image, and likeness (NIL) changes and shifting landscape obscure more existential threats to the student-athlete model on the horizon. The television money that Power Five conference teams receive still comprises much of the budget of athletic departments. The football and basketball players—-the revenue sport athletes-—may have a claim to a greater share of this revenue.

Some athletes argue that they are employees of their universities, which would entitle them not only to additional benefits but also to other tools, such as collective bargaining. All of these advantages could make universities responsible for increasing the amount of remuneration available …

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Through The Looking Glass With Alice: The Current Application And Future Of Title Ix In Athletics, Josephine (Jo) R. Potuto

Vanderbilt Journal of Entertainment & Technology Law

This Article is a snapshot of the past pervasive discriminatory treatment of women in athletics and where women athletes and women’s athletics currently stand. It discusses some of the new challenges for Title IX enforcement—-female transgender athletes and treatment of name, image, and likeness revenues now open to college athletes. It reviews research regarding the physiological, hormonal, metabolic, body size and composition, and brain and neurological differences between men and women and how these factors impact both athletic performance and athletic interest. Finally, this Article concludes that the Title IX three-pronged test to assure gender equity in athletic participation opportunities …

Title Ix Vs. Ncaa: A Gameplan For Championship Equity, Leigh E. Friestedt

Vanderbilt Journal of Entertainment & Technology Law

In 1972, Congress enacted Title IX of the Education Amendments Act (Title IX) to prohibit sex-based discrimination in “any education program or activity receiving federal financial assistance.” While the original legislation did not stipulate “athletics,” Title IX has had a profound impact on intercollegiate sports by expanding the athletic opportunities for women as a covered “program or activity.” However, fifty years after the enactment of Title IX, there are still significant disparities between men’s and women’s intercollegiate athletics, most notably at the high-profile National College Athletics Association (NCAA or Association) Championships.

In 2021, the NCAA hosted the men’s and women’s …

Florida Institute Of Technology Ordered To Reinstate Men's Rowing After Title Ix Complaint, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

In February 2023, the U.S. District Court in Florida issued a preliminary injunction in favor of six male student-athletes from Florida Institute of Technology who alleged that the university violated Title IX. The male student-athletes filed the lawsuit against Florida Institute of Technology (FIT) in 2022. The student-athletes claimed FIT violated Title IX when the university eliminated rowing and other programs.

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

Civil Rights Law—Preserving Female Athletics: Arkansas’S Fairness In Women’S Sports Act, Chandler Little Bray

University of Arkansas at Little Rock Law Review

No abstract provided.

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …

Title Ix Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & The Board Of Education Partially Dismissed, Emily J. Houghton

Human Performance Department Publications

Brian and Jennifer Berg filed a lawsuit as individuals and on behalf of their daughter Regan against the Fargo Public School District (FPSD) and the Board of Education in the City of Fargo in 2021. They argued that Regan faced sex discrimination, deliberate indifference under Title IX, the FPSD Handbook and negligence from FPSD following an alleged sexual assault by a male student off-campus.

Title Ix At 50: Exploring The Impact Of The Law On Cases Of Sexual Misconduct And Participation Equity In Athletics, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

June 23, 2022 will mark the 50th anniversary of Title IX; during that time frame there has been a drastic increase in girl’s and women’s participation in sport. There has also been significant political debate and push back to Title IX which has threatened to undermine the impact of the law. Over the last 10 years, Title IX has been synonymous with litigation related to sexual harassment and transgender athlete participation in sport. Additionally, universities have continually sought to cut women’s sports under the guise of budgetary constraints. The purpose of this poster presentation is three-fold: 1) Review recent case …

Terminated Asu Women's Lacrosse Coach Files Retaliation And Wrongful Termination Lawsuit, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

Courtney Connor, the former women’s lacrosse coach at Arizona State University, sued the University and the Arizona Board of Regents (collectively, “ASU”) for Title VII and Title IX retaliation, as well as wrongful termination.

Title Ix At Fifty: An Introduction, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Whose Educational Opportunity?, R. Shep Melnick

Marquette Sports Law Review

No abstract provided.

A Title Ix Retrospective: From Information & Advocacy To Action & Outcomes..., Cynthia Pemberton

Marquette Sports Law Review

No abstract provided.

A Solution In Search Of A Problem: Justice Demands More For Trans Student-Athletes To Fulfill The Promise Of Title Ix, Mollie Mcquillan, Suzanne Eckes, Maria Lewis

Marquette Sports Law Review

No abstract provided.

Title Ix’S “Substantial Proportionality” Test: Old Challenges And New Debates In Assessing Whether A School Provides Equal Opportunity To Participate In Athletics, Wyatt Honse, Jayma Meyer

Marquette Sports Law Review

No abstract provided.

Title Ix's Three-Part Test: The (Lack Of) Utility Of Prong 2, Erica J. Zonder

Marquette Sports Law Review

No abstract provided.

The Pipeline To Title Ix, Dionne Koller

Marquette Sports Law Review

No abstract provided.

Title Ix And Covid-19: Losing Millions Of Dollars During A Pandemic Is No Excuse For Cutting Women’S Teams, Genevieve F.E. Birren, Robyn Lubisco, Kerry D. Fischer

Marquette Sports Law Review

No abstract provided.

Sarah And Sam Make Contact: Thoughts On The Contact Sports Exception And Title Ix At 50, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Checking The Scorecard: Title Ix, College Sports, And The Limits Of Litigation, Brian L. Porto

Marquette Sports Law Review

No abstract provided.

Title Ix's Impact Upon Collegiate Coaching: The Unfortunate Unintended Consequences Of Title Ix, Helen A."Nellie" Drew

Marquette Sports Law Review

No abstract provided.

"Can" Versus "Should": Title Ix, Transgender, And Athletic Opportunities, J. Brad Reich

Marquette Sports Law Review

No abstract provided.

Gendered Slurs On The Schoolyard: Unlawful Harassment Or “Simple Teasing”?, Ilona M. Turner

Marquette Sports Law Review

No abstract provided.

Title Ix Hypocrisy Continues After Ncaa V. Alston, Maci Edwards, Walter Champion

Marquette Sports Law Review

No abstract provided.

Why Title Ix Is At A Crossroads, Rexford Sheild

Marquette Sports Law Review

No abstract provided.

Putting Teeth In The Tiger: Why Title Ix Needs The Threat Of Punitive Damages, Sarah K. Fields

Marquette Sports Law Review

No abstract provided.

Crossing The Finish Line: Positive Equality As A Tool To Fully Achieve Title Ix’S Purpose, Jacquelyn Bridgeman

Marquette Sports Law Review

No abstract provided.

Restoring Title Ix’S Constitutional Integrity, Elizabeth Kaufer Busch, William E. Thro

Marquette Sports Law Review

No abstract provided.

Promoting Female Sporting Opportunities Without Title Ix: The Spanish Experience, Stephen F. Ross, Maria Josefa García Cirac

Marquette Sports Law Review

No abstract provided.