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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Entertainment, Arts, and Sports Law
Ncaa As State Actor: Much Ado About Nothing, Josephine (Jo) Potuto
Ncaa As State Actor: Much Ado About Nothing, Josephine (Jo) Potuto
Marquette Sports Law Review
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The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino
The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino
Marquette Sports Law Review
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Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller
Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller
All Faculty Scholarship
The state action doctrine has as its central goal the preservation of liberty by limiting the intrusion of the government into the "private" sphere. It achieves this by applying the Constitution only to government, and not private, action. Traditionally, amateur sports regulators such as the National Collegiate Athletic Association (NCAA) and the United States Olympic Committee (USOC) have been viewed by courts as private. As a result, this article explains that courts generally give great deference to amateur sports organizations such as the NCAA and USOC to regulate sports with little judicial interference, including in the area of constitutional litigation. …
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Journal Publications
This article will focus on the particularly complicated question of the legality of drug testing at state universities. State universities comprise a significant number of the universities involved in intercollegiate athletics at the major conference level. The state university at the same time is a branch of the state and operates under color of state law. As such, its actions fall under the additional scrutiny of the constitutional principles contained in, and incorporated through, the fourteenth amendment to the United States Constitution. In examining the legal significance of drug testing of student-athletes at a state university, this article will closely …