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Cleveland State University

1998

Articles 1 - 2 of 2

Full-Text Articles in Entertainment, Arts, and Sports Law

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim Jan 1998

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …

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Baseball And The Rule Of Law, Paul Finkelman Jan 1998

Baseball And The Rule Of Law, Paul Finkelman

Cleveland State Law Review

Most cultures have a new year of some kind; a season of beginning. For lawyers who are baseball fans, there are two beginnings, two seasons. The first season begins in April, and begins to wind down in October. That is of course, the baseball season. But, with baseball finished, we can turn to the Court, and watch it with a keen eye. The Court's season continues to build to its climax in the Spring. Just as the baseball season is beginning its slow opening, the Court overwhelms us in the spring with what sometimes seems to be an avalanche of …

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