Education Law Commons^™

Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Unconscionable Amateurism: How The Ncaa Violates Antitrust By Forcing Athletes To Sign Away Their Image Rights, 44 J. Marshall L. Rev. 533 (2011), Brian Welch

UIC Law Review

No abstract provided.

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit

Michigan Law Review

Martha Nussbaum' describes Not For Profit: Why Democracy Needs the Humanities-her paean to a humanities-rich education-as a "manifesto, not an empirical study" (p. 121). Drawing on contemporary psychological research and classic pedagogical theories, Nussbaum convincingly argues that scholastic instruction in the humanities is a critical tool in shaping democratic citizens. Nussbaum shows how the study of subjects like literature, history, philosophy, and art helps students build essential democratic capacities like empathy and critical thought. Through myriad examples and anecdotes, Not For Profit sketches an appealing vision of what an ideal education should be in a democracy.

Piac (Pee In A Cup) – The New Standardized Test For Student-Athletes, Sara Young

Brigham Young University Education and Law Journal

No abstract provided.

The Negro National Anthem Controversy, Wendy Tolson Ross

Faculty Works

Recently, the Negro National Anthem has been the source of much controversy. For some Americans, it is a source of celebration of the rich black heritage and legacy. For others, it is a source of shame-an ugly remnant of our dark past that is no longer relevant today. The reading and singing of the Negro National Anthem has been a topic of discussion in the news, the black community, and in the legal and political professions. This article will look at the raging controversy. Specifically, this paper will look at the controversy surrounding the Negro National Anthem at the Texas …

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

A Call For Dissent And Further Independence In The Ncaa Infractions Process, Gene A. Marsh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.

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 …

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.

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

ExpressO

As Title IX celebrates its 35th anniversary, many have noted the positive impact it has had on women sports. But there is also an unintended (and oft-neglected) byproduct: as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike

University of Michigan Journal of Law Reform

In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …

Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren

ExpressO

In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …

Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal

Cardozo Journal of Equal Rights & Social Justice

The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Need For Heightened Scrutiny: Aligning The Ncaa Transfer Rule With Its Rationales, Jonathan Jenkins

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the traditional rationales offered by the NCAA in implementing the Transfer Rule and suggests that these rationales are not served by the current Rule. Part I frames the environment in which the Transfer Rule exists by tracing the history of the NCAA. Part II explores the traditional rationales offered for justifying the Transfer Rule. In McHale v. Cornell University, the NCAA suggested that the purposes of the Transfer Rule are "(1) to prevent transfers solely for athletic reasons, (2) to avoid exploitation of student-athletes, and (3) to allow transfer students time to adjust to their new …

Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor

BYU Law Review

No abstract provided.

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

Indiana Law Journal

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Michigan Journal of Gender & Law

The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.

Are We Playing By The Rules? A Debate Over The Need For Ncaa Regulation Reform, Katherine Todd, Chris Guthrie, Professor Covington, Linda Bensel-Meyers, Gene Marsh, Mike Slive Commissioner, Len Elmore

Vanderbilt Journal of Entertainment & Technology Law

We welcome all of you here today. The moderator for this morning's panel is Professor Robert Covington. Professor Covington is a senior member of the Vanderbilt faculty, having joined the law school immediately after his graduation from Vanderbilt Law in 1961. Professor Covington did his undergraduate work at Yale. He has established himself as a wide-ranging scholar and teacher, with a recognized expertise in labor law. Professor Covington has also taught sports law classes at the Law School. In recognition of his distinguished service to Vanderbilt, in 1992 he received the university's Thomas Jefferson Award. Professor Covington, I'll turn it …