Entertainment, Arts, and Sports Law Commons^™

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …

Time To Pay College Athletes? Why The O'Bannon Decision Makes Pay-For-Play Ripe For Mediation, Andrew Steckler

Cardozo Journal of Conflict Resolution

Between the mounting pressure of public opinion, and continuing litigation in which various plaintiffs are seeking to take advantage of the player-friendly language in O'Bannon, the power dynamic in college athletics is shifting back towards the players. The previously uneven playing field is leveling. This Note examines how to inject mediation into the "pay-for-play" debate to better serve the interests of the NCAA, the major conferences (Big 10, SEC, ACC, Big 12, and Pac-12), and the student-athletes in the wake of O'Bannon. While litigation was necessary to start the process, ultimately, it will be up to the NCAA …

Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden

Cardozo Journal of Equal Rights & Social Justice

The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.

The Ncaa Student-Athlete Reinstatement Process: Say What?, Josephine R. Potuto

Buffalo Law Review

No abstract provided.

Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston

UIC Law Review

This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.

Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney

UIC Law Review

This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.

Hitting A Home Run In Your Writing, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

Oklahoma Law Review

Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Collegiate Athletes Could Have The Ncaa, Et Al. Singing A Different Tune, Amber Jorgensen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Playoffs?! Are You Kidding Me, Playoffs?": An Antitrust Analysis Of College Football's New Playoff Format, Brandon C. Miller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Faculty Scholarship

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014), Frank Battaglia

UIC Review of Intellectual Property Law

On the heels of the popular March Madness National Collegiate Athletic Association (“NCAA”) Basketball tournament, and following Northwestern University student-athletes’ success in unionizing, the extent of student-athlete publicity rights is now more contentious than ever. The divide between an ever-profiting NCAA and exploited NCAA student-athletes has sparked an evolving class-action lawsuit by former student-athletes, who challenge the licensing of their images and likenesses. This lawsuit has become a landmark test of the NCAA’s governance and notions about amateurism in college athletics. The outcome of this case will be a possible sign that compensation for both current and former student-athletes may …

Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose

UIC Review of Intellectual Property Law

The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …

The Myth Of The "Full Ride": Cheating Our Collegiate Athletes And The Need For Additional Ncaa Scholarship-Limit Reform, Christopher Davis Jr., Dylan Oliver Malagrino

Oklahoma Law Review

The National Collegiate Athletic Association should amend Bylaw 15.1 and allow institutions to award athletic scholarship monies up to the institutionally set, estimated cost of attendance. NCAA Bylaw 15.1 limits an individual student-athlete’s athletic scholarships and other financial aid based on athletic ability to the value of a full grant-in-aid. The individual student-athlete scholarship limit is an arbitrary price cap and an unreasonable restraint of trade in violation of section 1 of the Sherman Act because it prevents student-athletes from receiving financial aid up to the institutionally set, estimated cost of attendance, which includes the additional expenses an institution deems …

Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Password Protection Now: An Elaboration On The Need For Federal Password Protection Legislation And Suggestions On How To Draft It, Timothy J. Buckley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.

Keeping Score: How Universities Can Comply With Title Ix Without Eliminating Men's Collegiate Athletics Programs, Patrick J. Mcandrews

Brigham Young University Education and Law Journal

No abstract provided.

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

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie

Cardozo Arts & Entertainment Law Journal

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.