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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 15 of 15
Full-Text Articles in Entertainment, Arts, and Sports Law
Tackling Bias In Sport: Recognizing The Impact Of Identities, Meg Hancock --Assoc. Prof.
Tackling Bias In Sport: Recognizing The Impact Of Identities, Meg Hancock --Assoc. Prof.
Vanderbilt Journal of Entertainment & Technology Law
Studies suggest participation in organized sports--from childhood to adulthood--promotes positive physical, social, emotional, and intellectual benefits that impact individuals and their communities over a lifetime. Sports participation in early childhood and adolescence also leads to higher self-esteem, greater wage-earning potential, lower health costs, reduced chronic disease, and lower levels of depression. In adulthood, participating in sports provides social connection, personal enjoyment, and improved health. In US society, sports are often viewed as a popular, viable, and sustainable avenue for social mobility. While the benefits of sports participation are unequivocal, the visibility and influence of star athletes, along with the way …
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
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 …
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
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 …
Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey
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.
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
University of Michigan Journal of Law Reform
A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
University of Michigan Journal of Law Reform
Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
An Historical Overview Of Student-Athlete Academic Eligibility And The Future Implications Of Cureton V. Ncaa, Michael J. Mondello
An Historical Overview Of Student-Athlete Academic Eligibility And The Future Implications Of Cureton V. Ncaa, Michael J. Mondello
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Wage Discrimination In The National Basketball Association: Is There Discrimination Based On Race, Sean D. Johnson
Wage Discrimination In The National Basketball Association: Is There Discrimination Based On Race, Sean D. Johnson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook
The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp
National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp
West Virginia Law Review
No abstract provided.