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- Marquette Sports Law Review (20)
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- Notre Dame Journal of International & Comparative Law (3)
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- Pepperdine Dispute Resolution Law Journal (2)
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Articles 1 - 30 of 44
Full-Text Articles in Law
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist
Journal of the National Association of Administrative Law Judiciary
In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …
The Sinister Truth Of Mega-Sporting Event Preparations, Grace E. George
The Sinister Truth Of Mega-Sporting Event Preparations, Grace E. George
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
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.
Legal And Practical Barriers To The Viability Of Traditional Esports Titles As Olympic Medaling Sports, Quinn A. Stigers
Legal And Practical Barriers To The Viability Of Traditional Esports Titles As Olympic Medaling Sports, Quinn A. Stigers
Marquette Sports Law Review
No abstract provided.
The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis
The Cost Of Gold: How Generalized Whistleblowing Policies Are Failing Athletes, Hannah M. Davis
Marquette Sports Law Review
No abstract provided.
Sports Law In Law Reviews And Journals, Audrey Johnson
Sports Law In Law Reviews And Journals, Audrey Johnson
Marquette Sports Law Review
None
Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares
Notre Dame Journal of International & Comparative Law
Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play …
Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout
Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout
Notre Dame Journal of International & Comparative Law
This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne
Marquette Sports Law Review
None
Ambush Marketing: Is It Deceitful Or A Probable Strategic Tactic In The Olympic Games?, Katelynn Hill
Ambush Marketing: Is It Deceitful Or A Probable Strategic Tactic In The Olympic Games?, Katelynn Hill
Marquette Sports Law Review
No abstract provided.
The Damage From Mega-Sporting Events In Brazil, J. Justin Woods
The Damage From Mega-Sporting Events In Brazil, J. Justin Woods
Elisabeth Haub School of Law Student Publications
Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality and …
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Marquette Sports Law Review
No abstract provided.
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston
Georgia Journal of International & Comparative Law
No abstract provided.
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
Adam Epstein
The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to …
Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns
Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns
Rob C Burns
This Note looks at the bylaws of the NCAA and argues that certain bylaws concerning athletes competing in the Olympic Games, which permit American athletes to receive medal bonuses that their foreign counterparts cannot, are discriminatory on the basis of national origin in violation of Title VI of the Civil Rights Act.
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …
Surveying Colorado Sports Law, Adam Epstein
Surveying Colorado Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Maureen A Weston
Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …
The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith
The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith
Pepperdine Dispute Resolution Law Journal
This article reviews the Beijing Olympic Games cases heard by the Court of Arbitration for Sport (CAS) Appeal Division before and after the Olympic Games and the Ad-hoc Division (AHD) in Beijing, together with pertinent IOC Executive Board doping and disciplinary decisions. The discussion is in chronological order dealing first with Olympic-related cases that were heard by the ordinary and appeal divisions in Lausanne prior to the AHD taking jurisdiction of Olympic matters. Those cases are followed by appeals heard by the appeal division while the AHD took jurisdiction over Olympic matters in Beijing. A discussion of the decisions made …
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Pepperdine Dispute Resolution Law Journal
Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …
Go For The Gold By Utilizing The Olympics, Adam Epstein
Go For The Gold By Utilizing The Olympics, Adam Epstein
Adam Epstein
The purpose of this article is to demonstrate ways to incorporate legal issues related to the Olympic Games in the business law or legal environment course. This article provides a brief history of the legislation which has established the legal authority of the United States Olympic Committee (USOC), prominent cases, relevant laws and other legal issues that encompass the Olympic Games and their administration in the United States. Legal issues related to constitutional law, arbitration, jurisdiction, gender and disability discrimination, intellectual property, are also presented in a way in which the professor can use the Olympics as part of the …
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Adam Epstein
The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.
The Long Hard Fall From Mount Olympus: The 2002 Salt Lake City Olympic Games Bribery Scandal, Thomas A. Hamilton
The Long Hard Fall From Mount Olympus: The 2002 Salt Lake City Olympic Games Bribery Scandal, Thomas A. Hamilton
Marquette Sports Law Review
No abstract provided.
The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack
The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack
Marquette Sports Law Review
No abstract provided.
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Marquette Sports Law Review
No abstract provided.
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Maureen A Weston
This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …
From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller
From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller
Marquette Sports Law Review
No abstract provided.
Swimming Upstream: Men's Olympic Swimming Sinks While Title Ix Swims, Megan Ryther
Swimming Upstream: Men's Olympic Swimming Sinks While Title Ix Swims, Megan Ryther
Marquette Sports Law Review
No abstract provided.