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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 ...


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 ...


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 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 Jan 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 ...


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 ...


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 ...


The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy Jan 2013

The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia Dec 2005

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court ...


Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson Jan 2005

Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson

American Indian Law Review

No abstract provided.


Sports Notes, Wornie L. Reed Jun 1990

Sports Notes, Wornie L. Reed

Trotter Review

The big-business nature of college sports is becoming increasingly apparent. Each of the four schools with basketball teams in the 1990 "Final Four" received $1,430,000, while the 64 invited teams were guaranteed at least $286,000 each. On top of this, the National Collegiate Athletic Association (NCAA) recently signed a $1 billion basketball deal with CBS television, ensuring that the take for individual schools will be greater in the future. College athletes are producing this revenue without remuneration other than their scholarships, which pale in comparison to the revenue they generate.


Sports Notes, Wornie L. Reed Mar 1989

Sports Notes, Wornie L. Reed

Trotter Review

The recent conviction of sports agents Norby Walters and Lloyd Bloom on charges of racketeering and fraud may hasten the day when college sports will be seen as the businesses they are, and college athletes will be seen as “subminimum-wage” em ployees of these businesses. Certainly, Bloom and Walters are unsavory characters; they are guilty of several criminal activities, including extortion. But what should not go unnoticed is the fact that they were found guilty of committing fraud against colleges because they signed athletes to contracts before their college eligibility was up.

In other sports news, after nine years on ...


Present Status Of Women In Professional Athletics, Debra Gaber Apr 1974

Present Status Of Women In Professional Athletics, Debra Gaber

IUSTITIA

The life of a female professional athlete in many ways seems undesirable. Attitudinal pressures and societal demands coupled with the rigors of competitive sport make a female pro's life draining, if not oppressive. On the outside there may appear a gleam of happiness as a photographer catches a pro in action during her moment of glory. Magazine articles assume by inference that being "number one" is glamorous and highly desirable. It does mark a tremendous achievement in an athlete's life, but for a female athlete, "getting there" is almost a nightmare. No female professional is without some battle ...