Digital Commons Network^™

Brief Of Amici Curiae 65 Professors Of Law, Business, Economics, And Sports Management In Support Of Respondents, Chris Sagers, Michael A. Carrier, Lisa M. Geary

Law Faculty Briefs and Court Documents

The Alston plaintiffs are college athletes who successfully challenged the NCAA's "amateurism" rules, convincing the lower courts that the rules should be modestly relaxed to limit their effect on competition for athletic talent. Nearly 60 professors of law, business, and economics from around the country joined the brief.

The Commissioner Goes Too Far: The Best Interests Of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion

Marquette Sports Law Review

No abstract provided.

A Losing Mentality: An Analysis Of The Duty Owed By Universities To Provide Their Student-Athletes With Mental Health Services, Marnae Mawdsley

Marquette Sports Law Review

No abstract provided.

A Coach's Fight To Pray: A Public High School Coach's Case Involving The First Amendment, Alex R. Utrup

Marquette Sports Law Review

No abstract provided.

Foreword, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

“We Don't Want Our Competitors To See It:” Protecting Race Car Engines As A Trade Secret, Kerri Cebula

Marquette Sports Law Review

No abstract provided.

Should Your Wearables Be Shareable? The Ethics Of Wearable Technology In Collegiate Athletics, Sarah M. Brown, Katie M. Brown

Marquette Sports Law Review

No abstract provided.

Defining Deliberate Indifference And Institutional Liability Under Title Ix, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.

The Rodchenkov Anti-Doping Act: The United States' Response To The Russian Doping Scandal, Genevieve F.E. Birren

Marquette Sports Law Review

No abstract provided.

The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis

Marquette Sports Law Review

No abstract provided.

Policy Considerations Regarding Student Loan Debt And Higher Education, Todd R. Niemczyk Esq.

UNF Graduate Theses and Dissertations

Within the last 30 years, the policy considerations regarding student loan debt and higher education have become a series of strong opinions, heated debate, and partisan politics. Key stakeholders including the United States Government, both for-profit and traditional higher- educations institutions, financial organizations, special interest groups, and students all have interests. More so, all branches of Government, the Legislative, Judicial, and Executive, are areas where policy is both born and challenged. Some are aligned, and some are competing such that crafting sound policy regarding the lending and management of student loan debt has created a difficult situation that may well …

Using The Law To Combat Sport Business Corruption, Mark Dodds, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Voiding The Ncaa Show-Cause Penalty: Analysis And Ramifications Of A California Court Decision And Where College Athletics And Show-Cause Penalties Go From Here, Josh Lens

The University of New Hampshire Law Review

In late 2018, a Los Angeles County Superior Court judge sent shockwaves through college athletics by ruling that the NCAA’s Committee on Infractions (“COI”) unlawfully restrained now-former University of Southern California (“USC”) assistant football coach Todd McNair’s career when it imposed a “show-cause” penalty on him. Judge Frederick Shaller therefore declared NCAA show-cause penalties void under California employment law.

For decades, the COI has utilized show-cause penalties to punish individuals who break NCAA rules. Reserved for more egregious violations, universities and administrators long treated show-cause orders as scarlet letters, typically terminating or refusing to hire coaches subject to them. That …

Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act, Randolph Bracy Iii, Adjoa B. Asamoah, The Honorable Ashleigh Parker Dunston, Doris "Wendy" Green, Linda Harrison, Dr. Stephen Wigley, Dpm

NSU Law Seminar Series

The Black Law Students Association welcomes you to our Fall 2020 panel event, which focuses on the 2019 CROWN Act. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.

This panel focuses on the legal perspective from different vantage points. Attendees will learn more about the Act, how it was handled, and the current political climate surrounding the Act. National CROWN Act and …

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

Week Of September 14, 2020 - September 18, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Anti-Racism Student Association
• Barbri
• Black Law Students Association (BLSA)
• Cardozo Alumni Association's Insurance Coverage Practice Group
• Cardozo Entertainment Law Society
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Minority Law Student Association (MLSA)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Tax Law Society
• Cardozo Women's Law Initiative …

Week Of September 7, 2020 - September 11, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Alumni Association's Insurance Coverage Practice Group
• Cardozo Art Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Office of Career Services
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Intellectual Property Law Society (IPLS)
• Kaplan

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …

The Impact Of Hiring For Passion In Specialization On The Creativity And Development Of Companies In Mena, Radwan Choughri, Moetaz Soubjaki

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The objective of this study was to highlight the importance of hiring for passion toward specialty and its impact on the creativity and development of companies in the Middle East and North Africa (MENA). The sample was taken from the following countries: Lebanon, Saudi Arabia, UAE, Kuwait, Qatar, Jordan, Egypt, Algeria and Tunisia. This study summarized the importance of passion in work and its reflection on the performance of employees and how to consider this criterion seriously in the selection of candidates and internal promotions and how it reflects the improvement of the performance, creativity and development of organizations. The …

Big Sports Have Big Environmental And Social Consequences, Gina S. Warren

Missouri Law Review

Big sporting events result in significant and long-lasting environmental and social consequences for host cities and their residents. This Article discusses the spectrum of harms including environmental degradation, excess energy consumption, sidestepping the rule of law, and social segregation through eviction. It outlines the current inefficient, or nonexistent, legal framework available to address these harms and analyzes how this lack of legal framework results in host cities relinquishing local control and oversight to event organizers. It then draws upon the social license literature and recommends host cities establish a solid legal framework prior to an event to reduce the emergency …

Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a source of inequity when it comes to the distribution of recreation services in the United States. Many of the problems that correlate with the inequitable allocation of recreation resources including public swimming pools began with ideas about race, geography, poor planning practices and faulty policymaking (Rothstein, 2017). Moreover, one of the primary outcomes of engaged, inclusive planning is equity in the provision of recreation programs and facilities. In this essay, we offer a summary of key legal cases that help address questions related resource allocation related to public swimming pools. Finally, we present a …

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ population …

A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson

International Journal of Aquatic Research and Education

This article provides a comprehensive examination of aquatic programming at Historically Black Colleges and Universities (HBCUs). HBCUs consist of public, private, 2-year, and 4-year institutions (U.S. Department of Education, 2018). Historically, HBCUs provided descendants of the enslaved access to higher education opportunities (Brown, Donahoo, & Bertrand, 2001). HBCUs now serve a more diverse community and the core focus remains on inclusion, social justice, diversity, empowerment, leadership, and cultural competence (Kennedy, 2012; Rawlins, 2018). Consequently, HBCUs may provide an ideal environment to address aquatic activity and the drowning disparity in the African American community. In the current study, researchers sent a …

Re-Affirming The Value Of The Sports Exception To Title Ix’S General Non-Discrimination Rule, Doriane Lambelet Coleman, Michael J. Joyner, Donna Lopiano

Duke Journal of Gender Law & Policy

No abstract provided.

Investigative Reports: What Are They Worth Before A Labor Arbitrator?, Harvey M. Shrage, Curt L. Hamakawa

Hofstra Labor & Employment Law Journal

No abstract provided.

Game Over? How Video Game Console Makers Are Speeding Toward An Antitrust Violation, Clayton Alexander

The Business, Entrepreneurship & Tax Law Review

There has been a recent trend in the video game industry that console makers (Sony, Microsoft, and Nintendo) have been acquiring video game developers to make games solely for their console. With a surge of acquisitions, these three console makers have rapidly increased their market share of the console video game industry. But in doing so, have they started to run afoul of antitrust law? Do these three console makers now have enough market power to exert control over the video game industry like a monopoly? This article seeks to answer these questions, while also suggesting several steps that console …

Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell

SMU Law Review Forum

No abstract provided.

The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble

St. Thomas Law Review

Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …

Ncaa Down For The Count? New State Legislation Threatens Collegiate Sports As We Know It, 19 Uic Rev. Intell. Prop. L. 346 (2020), Joe Nelson

UIC Review of Intellectual Property Law

Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, …

The Ncaa’S Transfer Rules: An Antitrust Analysis, Roger D. Blair, Wenche Wang

UF Law Faculty Publications

In Deppe v. National Collegiate Athletic Association, the Seventh Circuit accepted the NCAA’s argument that its transfer rules are presumptively procompetitive. It also approved the NCAA’s no-poaching agreement. This Article analyzes these NCAA-imposed restraints and finds them inconsistent with current antitrust policy.