Entertainment, Arts, and Sports Law Commons^™

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

The Ethics Of Sign Stealing In College Football, Joshua D. Winneker, Ian Silfies

Marquette Sports Law Review

No abstract provided.

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson

University of Massachusetts Law Review

Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban …

A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis

Marquette Sports Law Review

None

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …

Bridging The Ncaa's Accident Insurance Coverage Gaps? A Deep Dive Into The Uncertainties Of Injury Coverage In College Contact Sports, And The Impact That Has On Athletes' Future Physical And Financial Comfort, Nicole Kline

Journal of Law and Health

This Note analyzes the flaws in the NCAA’s current accidental injury health coverage policies for student-athletes and suggests ways to remedy the issues that plague student-athletes incurring serious injuries that may not be covered under current policies. Part I of this Note outlines the history of the NCAA and the policies relevant to the issues with accidental injury coverage currently in place. Part II looks at the significance of these coverage gaps in today’s world of modern medicine and technology as well as the impact they have on the everyday life of college athletes. Part III suggests solutions to bridge …

Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston

Marquette Sports Law Review

None

Preventing Recurrences Of The Cover-Ups At Penn State & Baylor (And Now Michigan State): Where Does It End?, Andrew Solomon

Marquette Sports Law Review

None

Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo

Marquette Sports Law Review

None

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

University of Richmond Law Review

No abstract provided.

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.

Federal And State Open Records Laws: Their Effects On The Internal Auditors Of Colleges And Universities, Michael D. Akers, Gregory J. Naples, Luke J. Chiarelli

Michael D. Akers

No abstract provided.

The Disappearance Of A Dinosaur: Reassignment Clauses Are Losing Their Footing In College Coaches' Contracts, Martin J. Greenberg, Brandon Leibsohn

Marquette Sports Law Review

No abstract provided.

You Get Hired To Get Fired, Martin J. Greenberg, Steven D. Gruber

Marquette Sports Law Review

No abstract provided.

The Duty Of Care College Football Coaches Owe To Student Staff Members: Analyzing The Tragic Death Of A Student Videographer At Notre Dame, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

Loyalty V. Laissez Faire: The Coaching Contract Conundrum And Antitrust Implications Of A No-Tampering Policy In College Sports, Heidi Roche

Marquette Sports Law Review

No abstract provided.

Hooray Beer!?: How The Reemergence Of Alcohol Sales At Campus Stadiums Will Affect Universities, Eric M. Mcgregor

Marquette Sports Law Review

None

College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista

Marquette Sports Law Review

No abstract provided.

Hold Your Fire: The Injustice Of Ncaa Sanctions On Innocent Student Athletes, Dylan O. Malagrino

Dylan Malagrinò

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

Christopher J. Walker

As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women's sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the areas of …

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

ExpressO

As Title IX celebrates its 35th anniversary, many have noted the positive impact it has had on women sports. But there is also an unintended (and oft-neglected) byproduct: as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the …

Internationalization In College Sports: Issues In Recruiting, Amateurism, And Scope, Maureen A. Weston Prof.

Maureen A Weston

This article examines the impact of international student-athletes ("ISAs") participating in intercollegiate athletics in the United States. Particularly in certain collegiate sports, the predominance, and frankly, the competitive success of ISAs-both men and women-is gaining the attention, and, in some cases, the concern, of college coaches, players, parents of junior players, member institutions, fans, and commentators. A primary concern is whether many of the ISAs, coming from varied education and athletic programs, are properly evaluated in meeting the academic and amateur eligibility standards set by the National Collegiate Athletic Association (NCAA). Many ISAs are also on athletic scholarships, and, as …

Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

From Inequity To Opportunity: Keeping Promises Made To Big-Time Intercollegiate Student-Athletes, Rodney K. Smith, Robert D. Walker

Nevada Law Journal

No abstract provided.

Smoke, Mirrors, And Ncaa Bylow 12.2.4.2.1: An Analysis Of College Basketball's Thirty-Day Rule And The Continued Exploitation Of College Cagers, John P. Gillard Jr.

Marquette Sports Law Review

No abstract provided.

Federal And State Open Records Laws: Their Effects On The Internal Auditors Of Colleges And Universities, Michael D. Akers, Gregory J. Naples, Luke J. Chiarelli

Marquette Sports Law Review

No abstract provided.

The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos

Marquette Sports Law Review

No abstract provided.