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Articles 1 - 30 of 52

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

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein Jan 2019

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov Feb 2018

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began ...


Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy Jan 2016

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

University of Baltimore Law Review

"Domestic abuse is a workplace issue. '

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly revised ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser Jan 2015

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood Jan 2015

The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.


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.


Picture [Im]Perfect: Photoshop Redefining Beauty In Cosmetic Advertisements, Giving False Advertising A Run For The Money, Ashley R. Brown Jan 2014

Picture [Im]Perfect: Photoshop Redefining Beauty In Cosmetic Advertisements, Giving False Advertising A Run For The Money, Ashley R. Brown

Ashley R Brown

This paper discusses the use of Photoshop in the United States and when overly retouched ads cross the threshold into False Advertising. I consider opinions from the NAD and whether or not a "Photoshop Law" would ever be feasible in the United States.


An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen Jan 2014

An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen

Washington University Jurisprudence Review

No abstract provided.


Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown Jul 2013

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.


Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown Jul 2013

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.


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


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 ...


Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker Jan 2008

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

Christopher J. Walker

As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women's sports. But an unintended and too-often neglected byproduct is that 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 ...


Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker Feb 2007

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 ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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.


Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel Nov 2005

Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel

Student Scholarship Papers

The paper details the history and development of Title IX and its implementing regulations as applied to intercollegiate athletics, highlighting the inequities that have often resulted from its interpretation and application to college programs. It then analyzes the recent Office of Civil Rights’ (the division of the Department of Education that interprets and implements Title IX’s regulatory structure and oversees collegiate adherence to Title IX) proposal to allow institutions to use electronic surveys to comply with prong three of the (in)famous Three Prong Test. The paper concludes that the survey scheme is a good step forward in correcting ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

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

ExpressO

No abstract provided.


Lucky: The Sequel, Martha Chamallas May 2005

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.


Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

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.


The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack Aug 2004

The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack

ExpressO

The Duchess’ Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in The Duchess of Malfi (argues that the symbolism in Webster’s Duchess of Malfi systemically undoes the iconography of Elizabethan power; that images taken from the legal descriptions of marriage work in the play to replace the image of woman as political ruler in the public sphere with woman as wife sequestered in the private sphere).


Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay Mar 2004

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different ...


Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah L. Brake Jan 2004

Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah L. Brake

University of Pittsburgh School of Law Working Paper Series

This essay addresses three issues surrounding Title IX’s application to women’s sports that have been largely eclipsed by the recent controversy over Title IX’s three-part test: the increasingly male composition of athletic leadership positions; the focus on cutting men’s sports as a remedy to discrimination against women; and the role of revenue and massive spending on men’s elite sports in justifying gender inequality in sports. The essay links each of these issues to broader questions and concerns in discrimination law more generally, and concludes that deeper cultural change is necessary to fulfill Title IX’s ...


Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun Jan 2004

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second ...


The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman Dec 2003

The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree Aug 2003

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights ...


Title Ix: Unresolved Public Policy Issues, Ted Leland, Karen Peters Jan 2003

Title Ix: Unresolved Public Policy Issues, Ted Leland, Karen Peters

Marquette Sports Law Review

No abstract provided.


In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles Jan 2003

In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles

Marquette Sports Law Review

No abstract provided.