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Title IX

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Full-Text Articles in Entertainment, Arts, and Sports Law

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo Apr 2019

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 ...


You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith May 2018

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 ...


Sentencing Through The Media: How The Media Can Help Strengthen Legal Sanctions Against Sexual Assault By College Athletes, Samantha C. Huddleston Jan 2018

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 Jan 2017

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


Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall Jan 2016

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 ...


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 Jan 2016

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.


Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks Jul 2015

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 Apr 2015

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 ...


Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson Jan 2015

Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson

Marquette Sports Law Review

None.


The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller Jan 2015

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 ...


Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey Jun 2014

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.


Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson Jan 2014

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Marquette Sports Law Review

Ac


Title Ix Feminism, Social Justice, And Ncaa Reform, Erin E. Buzuvis Jan 2014

Title Ix Feminism, Social Justice, And Ncaa Reform, Erin E. Buzuvis

Faculty Scholarship

This Article discusses social justice feminism as it applies to gender discrimination in collegiate and scholastic athletics in the context of Title IX requirements. Title IX activists today are primarily concerned with securing equal resources and opportunities for women in a college athletic environment. Today, that environment is becoming increasingly commercialized; this presents a Title IX problem because it creates an incentive to invest more athletic department resources into certain men’s athletic programs instead of distributing them equitably to women’s (and other men’s) programs. In addition, the NCAA is presently considering or has recently undertaken deregulation initiatives ...


Biediger V. Quinnipiac University, Kiersten Mckoy Jan 2014

Biediger V. Quinnipiac University, Kiersten Mckoy

NYLS Law Review

No abstract provided.


The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow Dec 2013

The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow

Matthew Parlow

The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players — as opposed to non-revenue-generating sports — and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for — indeed, it almost seemed to invite — future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete ...


Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake Jun 2012

Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake

Marquette Sports Law Review

None


You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto Jun 2012

You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto

Marquette Sports Law Review

None


Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones Jun 2012

Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones

Marquette Sports Law Review

None


Equality Beyond The Three-Part Test: Exploring And Explaining The Invisibility Of Title Ix's Equal Treatment Requirement, Erin E. Buzuvis, Kristine E. Newhall Jun 2012

Equality Beyond The Three-Part Test: Exploring And Explaining The Invisibility Of Title Ix's Equal Treatment Requirement, Erin E. Buzuvis, Kristine E. Newhall

Marquette Sports Law Review

None


Batter Up: A Look At The Supreme Court's Lineup, Including The Interaction With The New Chief Umpire On The Bench, As Title Ix Marks Its Fortieth Anniversary, Diane Heckman Jun 2012

Batter Up: A Look At The Supreme Court's Lineup, Including The Interaction With The New Chief Umpire On The Bench, As Title Ix Marks Its Fortieth Anniversary, Diane Heckman

Marquette Sports Law Review

None


More Of The Same - Enough Already!, Cynthia Lee A. Pemberton Jun 2012

More Of The Same - Enough Already!, Cynthia Lee A. Pemberton

Marquette Sports Law Review

None


Title Ix At Forty: An Introduction And Historical Review Of Forty Legal Developments That Shaped Gender Equity Law, Paul M. Anderson Jan 2012

Title Ix At Forty: An Introduction And Historical Review Of Forty Legal Developments That Shaped Gender Equity Law, Paul M. Anderson

Marquette Sports Law Review

none


Dear Colleague Letter: Athletic Activities Counted For Title Ix Compliance - September 17, 2008 Jan 2012

Dear Colleague Letter: Athletic Activities Counted For Title Ix Compliance - September 17, 2008

Marquette Sports Law Review

None


Dear Colleague Letter: Intercollegiate Athletics Policy: Three-Part Test - Part Three - April 20, 2010 Jan 2012

Dear Colleague Letter: Intercollegiate Athletics Policy: Three-Part Test - Part Three - April 20, 2010

Marquette Sports Law Review

None


Dear Colleague Letter (Sexual Violence Letter) - April 4, 2011 Jan 2012

Dear Colleague Letter (Sexual Violence Letter) - April 4, 2011

Marquette Sports Law Review

None


The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams Jan 2012

The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams

Faculty Publications

In 1972, Little League's national office forced 12-year-old Maria Pepe off her Hoboken (N.J.) team because "[g]irls are not eligible." The New Jersey Division on Civil Rights sustained her gender discrimination claim in 1973, and the courts upheld the administrative decision a year later.

National reaction to Maria Pepe's courageous insistence on gender equity helped sustain the evolution in gender roles that had accelerated since the Women's Movement of the 1960s. Her landmark legal action also likely influenced the Supreme Court's gradual movement toward intermediate scrutiny of gender discrimination claims; the 1975 federal regulations ...


How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller Jan 2012

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their ...


Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller Dec 2010

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of ...


Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales Jan 2009

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 ...


"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 Apr 2008

"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.