Law Commons^™

From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller

All Faculty Scholarship

The conventional wisdom is that in the fight against doping, the government is in the best position to clean up sport and protect the integrity of competition. The premise underlying this assumption is that in the United States, sport is private, so that the government typically has no role in its regulation. It is now, advocates suggest, with the integrity of sport on the line, the government should move off the sidelines and take action. This essay challenges that premise by arguing that with respect to doping in sports the government has not merely been a sidelines observer, but was …

Blurring The Boundary Lines Between Amateur And Professional Sports, Kenneth D. Ferguson

Faculty Works

The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest for historic preservation. The boundaries between amateur and professional sports are maintained by legal doctrines in several areas.

Application of tort law to coaches' liability for conduct leading to injuries to athletes reflects and preserves the boundary lines between professional and amateur sports. Although the implied assumption of risk doctrine should preserve that distinction, some courts have applied …

The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake

Articles

The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …