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Full-Text Articles in Law

Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin Apr 2021

Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin

Northwestern Journal of Law & Social Policy

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title ...


Pay To Play: Looking Beyond Direct Compensation And Towards Paying College Athletes For Themselves, Luke Tepen Jan 2021

Pay To Play: Looking Beyond Direct Compensation And Towards Paying College Athletes For Themselves, Luke Tepen

Washington University Journal of Law & Policy

The NCAA prohibits its athletes from profiting from their athleticism while playing in the league. As public support for this policy dwindles, the NCAA must respond. This Note analyzes the policy’s history and the potential constitutional challenge the NCAA could bring against the California law. Tepen urges the NCAA to act swiftly before it is constrained by each state’s own patch-work regulatory framework. By adopting California’s Fair Pay to Play Act, the NCAA can gain control before the government forces its hand. Tepen argues this proposal will best serve the interests of athletes, the NCAA, and fans ...


Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison Jan 2021

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Articles

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.


The Prevalence Of Secondary School Sport Safety Policies Within State Athletic Associations And Legislation, Samantha E. Scarneo, William M. Adams, Susan W. Yeargin, Madeline A. Konz, James E. Potter, Douglas J. Casa Oct 2020

The Prevalence Of Secondary School Sport Safety Policies Within State Athletic Associations And Legislation, Samantha E. Scarneo, William M. Adams, Susan W. Yeargin, Madeline A. Konz, James E. Potter, Douglas J. Casa

Internet Journal of Allied Health Sciences and Practice

Purpose: The location of secondary school health and safety policies impacts how they are implemented by the sports medicine team and stakeholders. Yet, a comprehensive list of each state’s policy locations has not been established. The purpose of this study was to describe where secondary school health and safety policies were located at the state level within the United States. Method: Emergency related health and safety policies were designated as either being located in the state high school athletics association (SHSAA), state legislation (LEGIS), or in both SHSAA and LEGIS (BOTH). Designation was determined by two researchers who independently ...


Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird Jul 2020

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 ...


Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos Apr 2020

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 ...


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 Apr 2020

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 ...


A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson Apr 2020

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 survey to 102 HBCUs to better assess the prevalence of aquatics programming at these institutions. Approximately 38 percent of the HBCUs responded to the survey. The ...


Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2020

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Federalism Jackpot In Murphy V. Ncaa: Going All In On Anti-Commandeering Fails To Protect The Vulnerable, Erik Shannon Jan 2020

The Federalism Jackpot In Murphy V. Ncaa: Going All In On Anti-Commandeering Fails To Protect The Vulnerable, Erik Shannon

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Shifting Scheme Of Athletic Fundraising: Investigating Private Giving Under The Tax Cuts And Jobs Act, Kirsten Nicole Brown Jan 2020

The Shifting Scheme Of Athletic Fundraising: Investigating Private Giving Under The Tax Cuts And Jobs Act, Kirsten Nicole Brown

Graduate Theses, Dissertations, and Problem Reports

With a consistent decline in state funding to public higher education, institutions have become more reliant on private funding to institutional support. The shift in government policy through the introduction of the Tax Cuts and Jobs Act (TCJA) (2017) created financial uncertainty within athletic departments and university foundations. The TCJA eliminated the 80 percent tax deduction on season ticket donations and increased the standard deduction. With these policy changes, athletic development officers speculated a decline in donations in 2018 and beyond. Using quantitative methodology and a longitudinal approach, this study examined athletic donations from January 1, 2013 to July 31 ...


Analyzing The Efficiency Of Response To News Regarding Legalization Of Sports Wagering, Kevin Krieger, Justin L. Davis May 2019

Analyzing The Efficiency Of Response To News Regarding Legalization Of Sports Wagering, Kevin Krieger, Justin L. Davis

International Conference on Gambling & Risk Taking

A landmark decision (Murphy v. NCAA) by the Supreme Court of the United States (SCOTUS) in 2018 ruled the federal government could not prohibit states from allowing sports wagering. While the implications of this decision are far reaching at both an industry and societal level, our study assesses the market response to information available throughout the various phases leading up to this decision by SCOTUS. The timeline of events preceding the SCOTUS decision is tracked, and stock performances of relevant, publicly traded firms are analyzed across three inflection points. Findings suggest the market failed to adequately acknowledge key events indicating ...


Title Ix And The Responsibility Of Leadership In Collegiate Athletics, Regan J. Mccomb, Chelsea Kaunert May 2019

Title Ix And The Responsibility Of Leadership In Collegiate Athletics, Regan J. Mccomb, Chelsea Kaunert

Honors Theses

Typically, when we hear about Title IX, we think of scholarship dollars, ratio of men’s and women’s sports, and equal funding, but in the past several years we have seen a shift in focus to sexual misconduct. Studies have repeatedly shown that sexual assault rates on college campuses are not on the decline. With one in five college students graduating a victim of sexual misconduct, we must now demand more of those we consider leadership in the university setting. Recently we have seen a trend of prominent women, including female athletes, speaking out about their experience with sexual ...


Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson Aug 2018

Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson

International Journal of Aquatic Research and Education

This is the introductory editorial leading off the special issue, "Diversity in Aquatics."


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt Apr 2018

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...


Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder Mar 2018

Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder

International Journal of Aquatic Research and Education

In 2014 the U.S. Centers for Disease Control and Prevention (CDC) published the first edition of the Model Aquatic Health Code (MAHC). This document represented the inaugural introduction of a federal policy guideline with a direct focus in the area of aquatic venue operation and maintenance with the sole purpose of improving the nature of public health in the field. The Indiana State Department of Health (ISDH) began the review and adoption process soon after the policy’s release. The ISDH process is proposed as one method for others to consider. The background and history of the MAHC are ...


The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard, Brian D. Shannon Jan 2018

The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard, Brian D. Shannon

Texas A&M Law Review

As part of the August 2014 Division I Governance re-design, the NCAA Division I Board of Directors, acting on the recommendation of a Board-appointed Steering Committee, granted certain autonomous decision-making powers to the Autonomy 5 conferences and their sixty-five member institutions. In effect, this recommendation by the Board’s Steering Committee enabled the Autonomy 5 conferences to begin to adopt policy legislation independently from the rest of Division I. Accordingly, the Steering Committee developed and recommended a structure “designed to allow permissive use of resources or to otherwise enhance the well-being of student-athletes by any [Autonomy 5 institutional] member, [or ...


Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long Dec 2017

Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long

Chancellor’s Honors Program Projects

No abstract provided.


A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone Nov 2017

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

J. Mark VanNess

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...


A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone Nov 2017

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

Margaret Ciccolella

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...


Law Library Blog (July 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jul 2017

Law Library Blog (July 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe Mar 2017

Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe

Notre Dame Journal of International & Comparative Law

The future of Daily Fantasy Sports throughout the United States remains uncertain. Although there have been numerous attempts to double down on the spread of gambling, the growing attraction to gamble has not been suppressed. With the recent proposed legislation and litigation over the legality of Daily Fantasy Sports, a new debate has emerged that implicates America’s desire to protect its “public morals.” Part I of this Note will discuss the intricacies of Daily Fantasy Sports and the allegations against FanDuel and DraftKings as of February 2016. Part II will analyze the current legal framework surrounding global internet gambling ...


Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson Dec 2016

Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the divergent ways player conduct is governed within the NFL and Major League Baseball and presents a hypothesis that might explain the differences.  It surveys the governing principles of participant comportment within both sports and asserts that while Major League Baseball is, and has been since the game’s inception, ruled largely in this regard by informal custom, the NFL eschews such an approach in favor of the formation, application and regular updating of formal, positive law.  As for why these different governing approaches exist, this article posits that the answer can be found within the origins ...


Jill Jackson: Pioneering In The Press Box, Katherine C. Perkins Dec 2016

Jill Jackson: Pioneering In The Press Box, Katherine C. Perkins

University of New Orleans Theses and Dissertations

Jill Jackson was one of the first female sports journalists and a pioneer voice for women in athletics. Although heretofore overlooked in the history of American sports journalism, the story of her career is an addition not only to the historiography of female sports journalists but also to the broader study of women in the mid-twentieth century. Jackson was admired, a hard worker, from a prominent New Orleans family, and well educated, yet she still was treated unequally in her primary workspace—the press box. Jackson left well-documented story to the Nadine Vorhoff Library and Special Collections at Newcomb College ...


God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson Mar 2016

God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson

Mitchell J Nathanson

“What I saw…persuaded me that (he) was the victim of an innate and incurable disorder.  I might give alms to his body; but his body did not pain him; it was his soul that suffered, and his soul I could not reach.”
     -- Herman Melville, “Bartleby The Scrivener.”

Through the course of his major league career, Dick Allen was without doubt recognized for doing a lot of things.  He was the 1964 National League Rookie of the Year and the 1972 American League Most Valuable Player.  His 351 home runs are more than Hall of Famer Ron Santo and trail ...


3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden Mar 2016

3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden

Law Student Publications

Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ...


3.14 Rio 2016 And The Birth Of Brazilian Transparency, Andrew B. Spalding Mar 2016

3.14 Rio 2016 And The Birth Of Brazilian Transparency, Andrew B. Spalding

Law Faculty Publications

Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ...


Introduction, Kenneth L. Shropshire, Timothy Davis, N. J. Duru Jan 2016

Introduction, Kenneth L. Shropshire, Timothy Davis, N. J. Duru

Legal Studies and Business Ethics Papers

"It didn't seem so wrong. It seemed as though I worked my whole life to get where I am, and at the same time, when it was presented to me, it was like this was the time I could start to get back some of the fruits of my labor."1 —Paul Palmer, former star college football running back, regarding cash payments of more than $5,000 he received while a college senior from sports agent Norby Walters.

This epigraph has remained in our text through multiple editions. Its continued relevance is underscored by the irony that, in a ...


Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake Jan 2016

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking gains for inclusion in other institutions (think marriage and the military), sport remains deeply resistant to LGBT inclusion. Understanding sport’s resistance to change requires attention to masculinity in sport and the practices that construct and reinforce hegemonic masculinity among male athletes. The presence of gay male athletes in elite men’s sports remains culturally startling and anxiety-producing because of sport’s deep connections to normative heterosexual masculinity. While shifts in social norms and support for women’s sports have broadened the range of femininity that is culturally valued for girls and women (within limits), the range of acceptable masculinity in men’s sports remains distinctively narrow. This article focuses on three practices that police the boundaries of normative masculinity in men’s sports: 1) anti-gay harassment; 2) sexual assault and exploitation of women; and 3) the hazing of male teammates, which often involves anti-gay and sexually explicit language and actions without regard to the actual or perceived sexual orientation of the recipients. While these three practices are often considered to be distinct and unrelated, this article argues that that they are interrelated and reinforcing. After discussing how these practices suppress the development of more inclusive masculinities in sport, the article concludes by considering the potential for sex discrimination law — Title IX of the Education Amendments of ...


No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker Jan 2016

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this ...