Entertainment, Arts, and Sports Law Commons^™

Deliberately Indifferent: An Analysis Of Sexual Harassment Claims In University Sponsored Esports Activities Using Simpson V. University Of Colorado Boulder’S Deliberate Indifference Standard, Peyton Phillips

Marquette Sports Law Review

No abstract provided.

Transgender Student-Athletes Punch Back: A Legal Analysis Of States' "Fairness In Women's Sports Act" And How It Violates The Fourteenth Amendment And Title Ix, Daniel Jimenez

University of San Francisco Law Review

No abstract provided.

A More Just, Inclusive Future For Sports, Dionne L. Koller

All Faculty Scholarship

This issue of the Journal of Legal Aspects of Sport (JLAS) was dedicated to women in sports law, with a specific emphasis on inclusiveness and new ideas. For decades, the central focus of the law and policy directed to women and sports was Title IX enforcement and securing opportunities for participation. As we approach Title IX’s 50th anniversary, it is clear that the law has greatly expanded participation opportunities for women and powerfully altered the norms around women and sports. Nevertheless, much work remains. Women and girls still do not enjoy the full measure of equality that Title …

Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin

Northwestern Journal of Law & Social Policy

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title IX. In …

Unfinished Business: The Continuing Struggle For Equal Opportunity In College Sports On The Eve Of Title Ix’S Fiftieth Anniversary, Brian L. Porto

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals

Marquette Sports Law Review

No abstract provided.

Defining Deliberate Indifference And Institutional Liability Under Title Ix, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.

Step One: Solving The Ncaa Sexual Assault Problem, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman

Faculty Scholarship

Should college athletes be compensated for their play and if so, how? The first question has been a debate for some time now. But the second question—the “how”—not so much. This writing addresses both questions in depth. With the Ed O’Bannon case that was decided back in August of 2014 and the palaver the Northwestern football team raised in their efforts to unionize, it is acknowledged that the discussions on this issue may have reached its crescendo years ago. That is until now. On September 27, 2019, Gavin Newsom, the Governor of California, signed into law Senate Bill 206. Senate …

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 …

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 …

The Female Act: Bringing Title Ix Into The Twenty-First Century, Courtney Tibbetts

Vanderbilt Journal of Entertainment & Technology Law

What was once lauded as a progressive champion for women has been decaying in practice. Enacted more than forty-five years ago, Title IX's unforeseen consequences and shortcomings are primarily borne by female collegiate athletes. To comply with Title IX, the majority of college athletic programs follow the proportionality standard, which mandates that male and female participation in athletics must be substantially proportional to universities' overall undergraduate enrollment. Female participation in college athletics has increased to nearly five times the pre-1972 participation rates since the introduction of Title IX. While that progress is admirable, the athletes of today-both male and female-deserve …

Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

None

The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin

Marquette Sports Law Review

None

May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino

Marquette Sports Law Review

No abstract provided.

Who Knows The Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics And Tumbling? Why This Distinction Is So Important For Title Ix, Alexandra Zdunek

Marquette Sports Law Review

No abstract provided.

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …

Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston

Marquette Sports Law Review

None

Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics

Marquette Sports Law Review

None

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.

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.

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, …

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

All Faculty Scholarship

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 …