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

Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel Nov 2005

Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel

Student Scholarship Papers

The paper details the history and development of Title IX and its implementing regulations as applied to intercollegiate athletics, highlighting the inequities that have often resulted from its interpretation and application to college programs. It then analyzes the recent Office of Civil Rights’ (the division of the Department of Education that interprets and implements Title IX’s regulatory structure and oversees collegiate adherence to Title IX) proposal to allow institutions to use electronic surveys to comply with prong three of the (in)famous Three Prong Test. The paper concludes that the survey scheme is a good step forward in correcting ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Lucky: The Sequel, Martha Chamallas May 2005

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.


Transcending The Debate On Legal Narrative, George H. Taylor Apr 2005

Transcending The Debate On Legal Narrative, George H. Taylor

University of Pittsburgh School of Law Working Paper Series

Use of the narrative form in law and legal analysis remains controversial. Advocates such as Derrick Bell, Richard Delgado, and Kathryn Abrams have argued that narrative in law can elicit particular perspectives and experiences that are reduced or bleached away when incorporated into the formalisms of pure doctrinal studies. By contrast, critics such as Daniel Farber and Suzanna Sherry maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, they claim, must be evaluated on the basis of objective standards.

The Article transcends this divide. In particular, it argues that the valuable functions ...


Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson Jan 2005

Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson

American Indian Law Review

No abstract provided.


Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Faculty Scholarship

Before becoming a poster child for gender equity in athletics, Heather Sue Mercer was an all-state place kicker at Yorktown Heights High School in Yorktown Heights, New York (pop. 7,972). She enrolled at Duke University in the fall of 1994 and decided to become the first woman ever to try out for the Duke football team. Initially she failed to make the team as a walk-on, but the following spring she was invited by the seniors on the team to play in the annual Blue-White scrimmage. She ended up kicking a game-winning twenty-eight-yard field goal. Afterwards, Duke head coach ...


Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha Dec 2004

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents ...