Entertainment, Arts, and Sports Law Commons^™

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Classical Batik Tradition And The Rifa'iyah Women, Adlien Fadlia

International Review of Humanities Studies

This research is a qualitative research using the phenomenological method. The research sample is women – therefore called the Rifa’iyah women – who make batik in Rifa’iyah community in the district of Batang, Central Java. Data collection techniques are applied by conducting interviews and observation guidelines. Data analysis techniques are used by using descriptive analysis. Women in the Rifa’iyah community have a prominent role to play in the productivity of batik. The Rifa’iyah people place batik not only as an economic commodity but also as a place for women in the public sphere, no longer only in the domestic area. …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie

Seattle University Law Review

Cannabinoids can be a highly effective way for athletes to combat various kinds of pain associated with intense training. Derivatives of cannabis, such as marijuana, have been used for centuries as a form of pain relief. Part I of this Article discusses how cannabinoids are used in sports medicine. Part II discusses the different approaches to marijuana and cannabidiol use across sports leagues. Part III highlights the inconsistencies between the NCAA’s approach to testing for substance abuse and its investment in student-athletes’ well-being. Part IV discusses how the NCAA must focus on student-athlete health. Finally, Part V concludes that the …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny

Indiana Journal of Law and Social Equality

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman

Michigan Law Review Online

If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …

Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper uses a comparative law approach to review a national anthem case that is one of the most famous decisions coming from the Japanese Supreme Court. Public school teachers in Japan are required to stand up in front of the national flag and sing the national anthem during public school ceremonies. This paper reviews their constitutional rights.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Articles

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their "right of publicity "-a state-law tort that prohibits the unauthorized use of a person's name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. …

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None

Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce

The Modern American

No abstract provided.

Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow

Marquette Sports Law Review

None

National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born

Indiana Law Journal

No abstract provided.

How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.

The Future Of College Athlete Players Unions: Lessons Learned From Northwestern University And Potential Next Steps In The College Athletes' Rights Movement, Marc Edelman

Cardozo Law Review

On January 28, 2014, the Northwestern University football players filed a petition with the National Labor Relations Board (NLRB) seeking to become the first group of college athletes to form a union. Although the NLRB'S Thirteenth Region concluded that Northwestern University grant-in-aid college football players constituted "employees" under the National Labor Relations Act, the NLRB Board Members nevertheless declined to assert jurisdiction because they believed the proposed bargaining unit would not "promote stability in labor relations."

This Article explores the future prospects for organizing Football Bowl Subdivision football players and Division I men's basketball players after the NLRB's decision in …

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

University of Richmond Law Review

No abstract provided.

Sidelining Big Business In Intercollegiate Athletics: How The Ncaa Can De-Escalate The Arms Race By Implementing A Budgetary Allocation For Athletic Departments, Lora Weurdeman

North Carolina Central Law Review

No abstract provided.

It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes

American University Law Review

The National Labor Relations Board ruled in Columbia University that student assistants who have a common law employment relationship with their university are statutory employees under the National Labor Relations Act, which granted them full bargaining rights and union protection. However, just one year earlier, the Board decided to not address the question of whether college athletes receiving grant-in-aid scholarships should similarly be accorded the protections of the Act as statutory employees. Importantly, the Board noted that it was well-suited to make that determination in the future.

College athletes have been left in legal limbo as the teams, universities, and …

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler

Cardozo Journal of Conflict Resolution

This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.

A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger

Brigham Young University Education and Law Journal

No abstract provided.

Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin

UIC Review of Intellectual Property Law

The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.

Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin

Scholarly Works

Symposium: Playing with Pride: LGBT Inclusion in Sports.

Unlike schoolteachers, janitors, coaches, food-service directors, organists, and other workers, professional athletes usually command center stage in society. Their successes and failures loom larger than life. Sometimes their prominent lives highlight themes hidden from public discussion or neglected by the majority. Professional basketball player Brittney Griner's autobiography does just that, by illuminating how "religious freedom" can undermine equality, especially LGBT equality.