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 …

Bringing Baseball To Israel, Kenneth Lasson

All Faculty Scholarship

This brief article discusses little leagues in Israel, as well as individuals interested in baseball in that nation, especially those from the Maryland and Baltimore area. Mentioned is assistance sent to the little leagues by the Baltimore Orioles baseball team, and some of the memories of those involved of baseball in the United States, but who now reside in Israel.

Pushing Weight, André Douglas Pond Cummings

Faculty Scholarship

The plight of the black athlete in United States professional and collegiate sports reflects a historical road burdened by strident discrimination, yielding assimilation and gleeful exploitation. As African American athletes began to be permitted to enter the lineups of storied professional sports clubs beginning in the 1950s, they did so only on the strict conditions placed upon them by the status quo white male dominated regime. Often the very terms of black athlete participation required a rigid commitment to - covering - racial identity and outright suppression of self. Once African American athletes burst onto the nation's consciousness in the …

Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson

Faculty Works

Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …

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 …

Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik

Faculty Works

Federal dilution doctrine suffers the typical growing pains of an adolescent struggling to determine its identity and boundaries. Congress did not create a federal dilution claim until 1995 and significantly amended in 2006. As currently conceived in the Lanham Act, a federal dilution by blurring claim involves the owner of a famous, [senior] mark bringing suit against the owner of a junior mark, which must be used after the senior mark has achieved fame, but only if the junior mark is sufficiently similar to impair the distinctiveness of the senior mark. The statute identifies several factors that can be used …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.

Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller

All Faculty Scholarship

The state action doctrine has as its central goal the preservation of liberty by limiting the intrusion of the government into the "private" sphere. It achieves this by applying the Constitution only to government, and not private, action. Traditionally, amateur sports regulators such as the National Collegiate Athletic Association (NCAA) and the United States Olympic Committee (USOC) have been viewed by courts as private. As a result, this article explains that courts generally give great deference to amateur sports organizations such as the NCAA and USOC to regulate sports with little judicial interference, including in the area of constitutional litigation. …

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

All Faculty Scholarship

This Article is about the United States Government trading off athletes' constitutional rights in the pursuit of national prestige through sport. The Olympic Movement has for decades provided an incentive for governments of all ideologies to use elite athletes to enhance national prestige or demonstrate national supremacy. This phenomenon is commonly known as "sportive nationalism." Unlike countries such as the former East Germany and Soviet Union, the United States Government has not readily acknowledged its own practice of sportive nationalism, preferring instead to assert that Olympic Movement sport in the United States is a private endeavor. This Article, however, demonstrates …

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

College of the Pacific Faculty Articles

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. …

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …

There Will Be Blame: Misfortune And Injustice In The Sweet Hereafter, 5 U. Denv. Sports & Ent. L.J. 19 (2008), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Congress & Sports Agents: A Legislative History Of The Sports Agent Responsibility And Trust Act, Edmund P. Edmonds, William H. Manz, Thomas J. Kettleson.

Writings

No abstract provided.

Pornography, Coercion, And Copyright Law 2.0, Ann Bartow

Law Faculty Scholarship

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …

Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow

Law Faculty Scholarship

As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."

Why Hollywood Does Not Require “Saving” From The Recordkeeping Requirements Imposed By 18 U.S.C. Section 2257, Ann Bartow

Law Faculty Scholarship

Attorney Alan R. Levy recently published an article in The Yale Law Journal Pocket Part entitled "How 'Swingers' Might Save Hollywood from a Federal Pornography Statute." So eager was Levy to "save Hollywood" from having to keep records to verify that performers engaging in actual sexually explicit conduct are legally adults, that he grossly distorted the meaning and effect of 18 U.S.C. Section 2257. Ironically, while exaggerating the negative impact of Section 2257, he simultaneously underestimated the problematic nature of a different statutory provision potentially requiring record keeping for performers who engage in simulated sexual conduct. This essay discusses truths …

The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

Beyond the varying opinions and critiques of the BCS, a more fundamental issue regarding the system is whether it is legal. Specifically, does it violate the antitrust laws? This is not a specious question. The Senate Judiciary Committee conducted hearings on the legality of the BCS in October 2003, and the House Subcommittee on Commerce, Trade, and Consumer Protection conducted similar hearings in December 2005. Another important aspect of the BCS is its prominent place as a visual symptom of America's winner-take-all society. Is extreme competition, where everyone strives to be the best but very few actually achieve that goal, …

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 …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams

Articles

This article examines how race and educational equity issues shape women's sports experiences, building upon the narrative of Darnellia Russell, a high school basketball player profiled in the documentary The Heart of the Game. Darnellia is a star player who, because of an unintended pregnancy, has to fight to play the game she loves.

This girl's story provides a unique and underutilized lens through which to examine gender and athletics, as well as evaluate the legal framework for gender equality in sport. In focusing on this narrative, we seek to give voice to black female athletes and to express their …

"J.J. Morrison" And His Right Of Publicity Lawsuit Against The Ncaa (National Collegiate Athletic Association), Ray Yasser, Sean Hanlon

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Upon Further Review: Recognizing Procedural Due Process Rights For Suspended High School Athletes, Ray Yasser, Matthew Block

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli

Scholarly Works

No abstract provided.

Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg

Faculty Scholarship

The 1976 Act announces broad exclusive rights, offset by a myriad of specific exemptions, and one wide exception for "fair use." In words and intent, the exclusive rights are capacious, but new technologies may have caused some of the general phrases to become more constraining than might have been expected from a text whose drafters took pains to make forward-looking. Thus, the scope of the reproduction right turns on the meaning of "copy;" the reach of the distribution right on "distribute copies" and "transfer of ownership;" the range of the public performance right on "public" and "perform." Entrepreneurs and users …