Law Commons^™

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 fitness programs. …

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 fitness programs. …

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

Mitchell J Nathanson

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

Mitchell J Nathanson

College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Steve Dittmore

Steve Dittmore

No abstract provided.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Peter J. Titlebaum

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community. Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo

DEREK CARRILLO

No abstract provided.

Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson

Mitchell J Nathanson

During the course of his major league career, Dick Allen did a lot of things: he was the 1964 NL Rookie of the Year and the 1972 AL Most Valuable Player; his 351 home runs are more than Hall of Famer Ron Santo, his 1119 RBI’s are more than Hall of Famer Rod Carew, and, for those who pray to the alter of sabermetrics, his “adjusted OPS+” is higher than the greatest slugger of all time, Hall of Famer Hank Aaron. Because of all that he did, the MLB Network in 2012 ranked him as a member of its “Top …

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S

Joseph Wawa Raphael Futakamba s

This paper examines the impact of media reporting to crime and criminal court proceeding in Tanzania in the light of exercising the legitimate right to freedom of expression by the press, on one hand and the accused rights to presumption of innocence and fair trial on the other hand. The purpose of the discussion revolves around the effect of prejudicial crime reporting to the criminal suspects/accused and available remedies within the legal system. It also, looks upon the court practices and the law in dealing with interference with the course of justice. The paper also analyses the rights of the …

First Draft Do Not Publish- Regulations On Firearms: Confessions From A Gun Salesman, Beau W. Cross

Beau W Cross

Over the past year, there has been a heated debate on Capitol Hill about the regulation of firearms and accessories such as high capacity magazines. With many school massacres and other acts of violence due to gunfire taking place in the past few decades, change in regulations was inevitable. A total ban on firearms was not feasible, as a citizen’s right to bear arms is protected through the Second Amendment of the United States Constitution. However, in 2005, President Bush took a stance; he created change in policy by signing the Protection of Lawful Commerce in Arms Act (Arms Act) …

The Five Tool Mediator: Game Theory, Baseball Practices And Southpaw Scouting, Michael N. Widener

Michael Widener

No abstract provided.

“Don't Call Me A Student-Athlete”: The Effect Of Identity Priming On Stereotype Threat For Academically Engaged African American College Athletes, Keith Harrison

Dr. C. Keith Harrison

Academically engaged African American college athletes are most susceptible to stereotype threat in the classroom when the context links their unique status as both scholar and athlete. After completing a measure of academic engagement, African American and White college athletes completed a test of verbal reasoning. To vary stereotype threat, they first indicated their status as a scholar-athlete, an athlete, or as a research participant on the cover page. Compared to the other groups, academically engaged African American college athletes performed poorly on the difficult test items when primed for their athletic identity, but they performed worse on both the …

The Five Tool Mediator: Game Theory, Baseball Practices And Southpaw Scouting, Michael N. Widener

Michael N. Widener

This article encourages mediators to become inciters and advocates for an outcome that solves problems, irrespective of the amount in controversy and the initial “gap” between offers and counteroffers of settlement. This is not a “how to” article discussing facilitators’ tasks in settlement negotiations; instead, the reader should focus more on the mediator’s role in the process, advancing the value proposition in negotiations. The initial phase in reordering the thoughts of the mediator is to understand the binary-oppositions thought tendencies of the parties and their legal representatives; likely, all have attitudes that require retooling. This article does not propose that …

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …

Athletic Voices And Academic Victories: African American Male Student-Athlete Experiences In The Pac-Ten, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore participants’ academic experiences and confidence about their academic achievement. Participants (N = 27) consisted of high-achieving African American male student—athletes from four academically rigorous American universities in the Pac-Ten conference. Most of the participants competed in revenue-generating sports and were interviewed to obtain a deeper understanding of their successful academic experiences. Utilizing a phenomenological approach four major themes emerged: “I Had to Prove I’m Worthy,” “I’m a Perceived Threat to Society,” “It’s About Time Management,” and “It’s About Pride and Hard Work.” Stereotype threat and stereotype reactance are investigated in relation to …

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …

The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison

Dr. C. Keith Harrison

An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …

Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …

"Athleticated" Versus Educated: A Qualitative Investigation Of Campus Perceptions, Recruiting And African American Male Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to conduct a qualitative investigation of student narratives (N= 167) about the contemporary issue of recruiting high-profile African American male student-athletes. Participants were asked to view a scene on recruiting from the film, The Program (1994). Participants were then presented with questions regarding a recruiting trip by an African American football player to a traditionally white campus. Findings indicate that both Black and White students perceived the African American male student-athletes in the film scene to be more "athleticated" than educated. They were also perceived as stereotypical sex-objects. "When athletes (especially male) show up …

A Day In The Life Of A Male College Athlete: A Public Perception And Qualitative Campus Investigation, Keith Harrison

Dr. C. Keith Harrison

Perceptual confirmation paradigm (PCP) rooted in social psychology, can be implemented to frame sport science research questions (Stone, Perry, & Darley, 1997). Public perception of college athletes’ lives has been scarcely investigated in the sport sciences (Keels, 2005) using the PCP to prime stereotypes. The purpose of this study was to prime stereotypes about a day in the life of a college athlete by using qualitative inquiry to assess college students’ (N = 87) perceptions. Participants provided written responses about a day in the life of a college athlete. Two different college athlete targets were used “Tyrone Walker” (n = …

Mainstreaming And Integrating The Substance And Spectacle Of Scholar-Baller: A New Game Plan For The Ncaa, Higher Education And Society, Keith Harrison

Dr. C. Keith Harrison

The purpose of this chapter is to theoretically and empirically capture the cultural divide between education and sport and entertainment in American society. The NCAA Academic Reform Movement has evolved from holding individuals accountable to presently monitoring institutions and their retention and graduation success of college student athletes. This movement will require a deeper examination of how culture influences academic attitudes and lifelong learning. Based on empirical data from different methodologies, this chapter proposes that student athletes; especially African American males, are often stereotyped with few strategies to empower their academic and athletic identities. The Scholar-Baller Paradigm is designed to …

Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison

Dr. C. Keith Harrison

Studies have examined the impact of environmental variables on academic achievement among student athletes in the revenue-generating sports of men’s basketball and football. However, while evidence concerning the positive impact of male student athlete and faculty interaction is virtually unequivocal, we are not certain whether the benefits accruing from particular types of interaction vary across different racial/ethnic groups. This study explores the relationship between male Black and White student athletes and faculty as well as the impact of specific forms of student athlete– faculty interaction on academic achievement. Data are drawn from the Cooperative Institutional Research Program’s 2000 Freshman Survey …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison

Dr. C. Keith Harrison

Examining the ‘natural’ athlete myth and utilizing the recent literature on cultural/social factors in athleticism, this study through survey research examines the myth of the ‘natural’ African American athlete. Participants consist of 301 university students from a large, traditionally White, midwest institution. The primary research question is to determine the attitudes of college students in terms of how they perceive the success of the African American athlete in certain sports. The purpose is to assess participants’ perceptions of the African American athlete and their opinion as to whether or not African American athletes are superior in certain sports (football, basketball, …

African American Student Athletes' Perceptions Of Career Transition In Sport: A Qualitative And Visual Elicitation, Keith Harrison

Dr. C. Keith Harrison

This study focuses on 26 African American athletes and explores their perceptions of athletic career transition. Participants consisted of student athletes from a United States National Collegiate Athletic Association (NCAA) Division IIA institution in the Southeastern region. Participants completed the Life After Sports Scale (LASS), a 58-item inventory utilized to qualitatively and quantitatively examine seven different domains which influence perceptions of the career transition process. The scope of this inquiry examines the qualitative domain of the LASS in which participants were visually primed with a narrative description of a student athlete that has made transition out of sport successfully. Five …