Law Commons^™

Wide Right: Why The Ncaa's Policy On The American Indian Mascot Issue Misses The Mark, André Douglas Pond Cummings

Faculty Scholarship

Of the many civil rights and social justice issues that continue to cloud United States race relations, one persists in dividing parties: the use of American Indian mascots and imagery by collegiate and professional athletic teams. Scholars and academics weigh in annually on this divisive issue, while certain university administration officials vigorously defend continued use of Native American mascots and monikers at their institutions. Across the United States, various university officials and alumni debate the continued use of mascots such as the “Fighting Sioux,” the “Running Utes” and “Chief Illiniwek.”

In a broader context, the mistreatment and abuse of American …

Progress Realized? The Continuing American Indian Mascot Quandary, André Douglas Pond Cummings

Faculty Scholarship

To some, American Indian mascots represent strength, power, reverence, and dignity. For others, Native American mascots are deeply offensive and mock tradition and sacred culture. Historically, professional and collegiate athletic teams have unabashedly sported American Indian mascots and monikers, and it has not been until recent decades that this issue has arisen as offensive or insensitive. In the past thirty or so years, there have been many high school and university administrations that have voluntarily switched their team mascot and moniker from an American Indian to a race-neutral one. Still, some university administrations and many professional sports franchises strenuously eschew …

Lions And Tigers And Bears, Oh My Or Redskins And Braves And Indians, Oh Why: Ruminations On Mcbride V. Utah State Tax Commission, Political Correctness And The Reasonable Person, André Douglas Pond Cummings

Faculty Scholarship

American Indian mascots have been used by High Schools, Colleges and Professional sports teams for decades. Such use of monikers and mascots that depict Native American images and stereotypes have come under intense criticism in the past decade. Despite the outcry, a few professional sports teams and major Division I institutions continue to stubbornly persist in using derogatory and offensive nicknames and stereotypes for their athletic competitors.

This article urges those stubborn institutions and professional sports teams to reconsider the use of names and monikers that demean and disparage. By reconsidering the reasonable person standard, examining recent caselaw, and discussing …