Sports Law Teacher’s Guide and Resources

H. Reverse Discrimination


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H. Reverse Discrimination

Case: Cohen v. Brown University

(991 F.2d 888 (1st cir. 1993)

Issue: Discrimination against women in the intercollegiate athletics program. The First Circuit ruled that Brown violated Title IX and discriminated on the basis of sex when it eliminated four varsity sports teams -- two men's teams and two women's teams
Rule: Colleges must offer equal opportunities and the money spent substantially proportionally for men and women within the three major seasons. The Title IX Equal Opportunity and Anti-Discrimination law is based on the quota system.
Application: The elimination of sports is not unconstitutional as long as the amount of scholarship money available for each sex is divided by the number of male or female participants in the athletic program and results are compared.
Conclusion: On April 21, 1997, the U.S. Supreme Court declined to hear Brown University's appeal from a decision of the U.S. Court of Appeals for the First Circuit that mandates preferential treatment for female college athletes. WLF argued that the First Circuit's decision directly conflicts with Supreme Court precedent prohibiting affirmative action and quotas.
I. Health and Disability Issues
Case: Linger v. US Golf Association

05 F.3d 1001 (7th Cir. 2000)

Issue: Linger was not allowed to use a golf cart in the U.S. Open.
Rule: Americans with Disabilities Act Section 504
Application: Linger has a disability which makes it very difficult for him to work. The US Golf follows the “Rules of Golf” which spells out the rules.
Conclusion: USCA won the decision.
Case: PGA Tour v. Martin

532 U.S. 661 (2001

Issue: Casey Martin has a degenerative circulatory disease, which keeps him from walking the golf courses. Casey chooses to use a cart which under Title III of the Americans with Disabilities Act which is reasonable. PGA contradicts this.

Rule: According to the rules of golf, players must walk the course. “The purpose of the PGA's walking rule was to insert fatigue into the skill of shot-making, and that Martin suffered significant fatigue due to his disability, even with the use of a cart”.
Application: “The ADA requires an entity operating "public accommodations" to make "reasonable modifications" in its policies "when... necessary to afford such...accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such accommodations."
Conclusion: “The District Court entered a permanent injunction against PGA, requiring it to allow Martin to use a cart. In affirming, the Court of Appeals concluded that golf courses are places of public accommodation during professional tournaments and that permitting Martin to use a cart would not fundamentally alter the nature of those tournaments.

Case: Knapp v. Northwestern University

101 F.3d 473, 479 (7th Cir. 1996).

Issue: Nicholas Knapp wants to play NCAA basketball for Northwestern University. Knapp’s family approves of his decision to play. Knapp has a heart problem. Knapp and his parents are willing to sign liability waivers even if death could occur. Northwestern, however, refuses to allow Knapp to play on or even practice with its men's basketball team. The issue in this case is whether the school--because of Sec. 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Sec. 794--will be forced to let Knapp play.

Rule: The Rehabilitation Act, basis for Knapp's claim, ensures that an qualified individual with a disability in the United States, as defined in section 7(8) [29 USCS sec. 706(8)], shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Application: Knapp must prove that: (1) he is disabled as defined by the Act; (2) he is qualified for the position sought; (3) that he has been excluded from the position solely because of his disability; and (4) the position exists as part of a program or activity receiving federal financial assistance.
Conclusion: Knapp not allowed to play basketball at Northwestern
Resource: sports.htm page 16

International Olympic Committee (IOC)
The IOC is an international non-governmental non-profit organization and the creator of the Olympic Movement. The IOC exists to serve as an umbrella organization of the Olympic Movement. It owns all rights to the Olympic symbols, flag, motto, anthem and Olympic Games. Its primary responsibility is to supervise the organization of the summer and winter Olympic Games
Federation of the International Football Association (FIFA)
The FIFA Congress, the most-critical organ of football’s international governing body, normally meets every two years. But since 1998, this gathering of the worldwide football family has taken place annually in an extraordinary meeting. The introduction of annual meetings allows the parliament of football to influence decisions on an ever-growing number of issues.

“The Congress makes decisions relating to FIFA’s governing statutes and the method by which they are implemented and applied. It also approves the annual report, decides on the acceptance of new national associations and holds elections, most notably for the FIFA presidency. In the spirit of true democracy, each national association has one vote, regardless of its size or foot ball strength”.

“FIFA supports the 205 associations financially and logistically through various programs granting them a number of attractive rights and privileges. As representatives of FIFA in their countries, they must respect the statutes, aims and ideals of football’s governing body and promote and manage our sport accordingly”.

United States Olympic Committee (USOC)

The U.S. Olympic Committee offers Project GOLD, Champions in Life, F.L.A.M.E. and the U.S. Olympic Hall of Fame, and partners in the Citizenship Through Sports Alliance (CTSA) with the goals of building public understanding and awareness of the Olympic movement in the U.S. and stronger relationships with external organizations and individuals, while promoting diversity in sports and reaching out to under-represented members of the Olympic family.

Appenzeller, Tom. Youth Sport and the Law. A Guide to Legal Issues. Durham: Carolina Academic Press, 2000.

Cotten, Doyice, and John Wolohan. Law for Recreation and Sports Managers. 3rd ed.: Kendall/Hunt Publishing Company, 2003.
Epstein, Adam. Sports Law - The West Legal Studies Series. : Thomson Delmar Learning, 2003.
Jarvis, Robert, and Phyllis Coleman. Sports Law - Cases and Materials. 1st ed. St. Paul: West Group, 1999.


Pro Football Salaries
National Basketball Association Uniform Player Contract.

Boston Celtics Limited Partnership v. Brian Shaw.
“CBA inertia? It’s a First-rounder’s Main Problem.” Len Pasquarelli. 20 July 2005.
“Chargers Hand out $182,500 in Bonuses.” Len Pasquarelli. 26 May 2005.
“Cyber-Journal of Sport Marketing. A new Image: Female Athlete-Endorser.” Frank Veltri.
"Clarett Ruled Eligible for 2004 NFL Draft." 05 Feb. 2004. NFL. 10 December 2004.
Kinser, Katherine. "Issues for Athletes and Entertainers." McCurley, Kinser, & Nelson. 02 May. 2005.
Kinser, Katherine. "Peculiar Marital Property Characterization issues involving athletes and entertainers." Texas Entertainment and Sports Law Journal 7 (1998). Jun 2005
Lewis, Jeremy, and Andrew Moore. "Insuring IP Protection through Escrow." Entertainment and Sports Lawyer Spring 2003: 8-10.

"Latrell Sprewell Sues the NBA." Court Online Legal Documents. 08 December 2004.

"Liability of Universities and Academic Personnel for Negligence in Academic Affairs." Hartley & Hartley. 27 April 2005.
McCormick, Robert. "BackTalk; Open Letter to Maurice Clarett: Why You May Turn Professional Now." New York Times 17 August 2003: .
McGeeney, Mike. "Freshman sues Davidson over retracted scholarship." The Amherst Student . 16 December 2004.
"Ricky Williams Rejects NFL Deal." 02 Dec 2004. 15 December 2004.
"Selig would accept government intervention." 06 Dec 2004. USA Today. 01 Jun. 2005

“Ricky Williams want to return. 6 Oct. 2004. ESPN news Services.

“The NFL’s Parity Perplex.” Steven E. Landsburg. 23 June 2000.
“Tiger King of Appearance Fees and Prize Money. Economics-Resource Center. 8 Dec. 2004.
“Webber Case to go toJury. Testimony expected to begin Tuesday”. 30 Nov. 1998.
“Woods’ Presence Pushes Appearance Fees Sky High.” Jill Lieber. USA Today. 8 Jan. 2004.
Drugs/Drug Testing

Copeland, Jack. "Withstanding the Test of Time." 02 September 2002. NCAA. 16 December 2004.

"Drug Policy and Prevention Program." Major League Baseball. 14 December 2004.
"Drug Testing in California." 2004. The Walter Law Firm. 14 December 2004.
"Drug Testing Program." 14 December 2004.
"Find Law Drug Watch: Drug Use in Sports." Findlaw. 14 December. 2004.
Gammons, Peter . "Lawyers, Drugs and Money." 04 December 2004. ESPN. 08 December 2004.
Gammons, Peter . "Policy and Program for Substances of Abuse." National Football League. 14 December 2004.
Kroichick, Ron. "Drug Testing Policies in Major Professional Sports." 08 December 2004. 14 December 2004.
"Liability of Universities and Academic Personnel for Negligence in Academic affairs." Hartley & Hartley. 27 April 2005.
Riedel, Charlie. "Report: Giambi Testified about Steroid Use." USA Today 02 December 2004. 08 December 2004.

Sullivan, Tim. "Selig Knows it's Time to Play Hardball on Issue of Steroids." The San Diego Union-Tribune 03 December 2004. 08 December 2004.

"The NBA and NBPA Anti-drug Program." National Basketball Association. 14 December 2004.
"Various Article Information." Find Law. 23 January 2005. entertainsport/02sports/publications.html

Batt, Tony. "College Sports Wagering: Ex-athlete urges Support for Bet Ban." Las Vegas Review. 24 Jan. 2001. 13 December 2004.
Goldstein, Joe. "Recent Scandals: BC, Tulane and Northwestern." 19 November 2003. ESPN Classic. 13 December 2004

Hammond, Joel. "The NCAA's Suckerpunch on Mike Williams." 210 West Magazine . 10 December 2004.
Lewis, O. Yale. "Amateur Athletics and the Law." 1998. Hendricks & Lewis. 16 December 2004.
"National Letter of Intent." www, NCAA. 09 December 2004.
NCAA. 14 December 2004.
"NCAA Eligibility Information." NCAA. 15 December 2004.

"Statement on the Cureton v. NCAA Court Ruling." 09 March 1999. NCAA. 26 April 2005.

Title IX
“Amy Cohen, et al., Plaintiffs v. Brown University, Defendants. United States Court of Appeals for the First Circuit. 14 Dec. 2004. 96/95-2205.01a.html
“Brown University v. Cohen: A Pyrrhic Victory for Feminists - 1997” Melinda Sidak. 14 Dec. 2004.
Hogshead-Makar, Nancy. "The ongoing battle over Title IX - Athletic Arena - Commission on Opportunity in Athletics process analyzed." Looksmart find articles. July 2003. USA Today (Society for the Advancement of Education). 14 December 2004.
“Legal Issues in Secondary School Athletics.” Jearlene Leisman 14 Dec. 2004.
“Male Athletes Sue University over Elimination of Teams.” 18 Nov. 1999.
“PGA Tour v. Casey Martin.” Los Angeles Times Politics – Supreme Court Briefs. 14 Dec. 2004.
“PGA Tour v. Martin (2001).”
“PGA Tour, Inc. v. Martin.” American Bar Association. 16 Jan. 2004
“The Rights of Men in College Sport – Title IX and Reverse Discrimination.” Perry Cook. 14 Dec. 2004. %20title-ix.htm

Torts and Crimes

"Bertuzzi's Season over for Hit on Moore." 11 March 2004. Associated Press. 10 December 2004.
"Fish v. Los Angeles Dodgers Baseball Club." Find Law for Legal Professionals. 26 March 1976. 10 December 2004.
"Gary Teneyck v. Roller Hockey Colorado." Find Law for Legal Professionals. 03 August 2000. 10 December 2004 .
Karush, Sarah. "5 Pacers, 7 Pistons Fans Face Charges." 09 December 2004. Yahoo. 16 December 2004.
"Text of Sprewell v. Golden State Warriors." 07 November 2000. 08 December 2004. http://www/

Training and Doctors
“Hendy v. Losse (1991) 54 Cal.3d 723, 1 CalRptr.2D 543:819 P.2d1.” 13 Jan. 2004.
“Is it your Duty to give Medical Care? A Trainer fails to Report Head Injury Symptoms to Physician-NRPA Law Review." James Kozlowski. Feb. 2004

“Maurice Clarett, Plaintiff v. National Football League, Inc. Defendant”.
“Principles of Liability for Athletic Trainers: Managing Sport-Related Concussion.” Barbara Osborne. Journal of Athletic Training. 14 Dec. 2004.

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