Can I have chapter 15 outline.

As a reference I posted all the pages of the chapter.

Chapter 15 Concepts in Context: Evaluating Current Issues In this chapter, we're going to put to work some of the concepts we've been talking about. You will find a brief contextual scenario followed by a few hints and brief discussion of how the legal concepts apply in the particular scenario's con- text. The contexts used are current. The contexts used have been selected to give you a chance to apply the concepts you've learned about in the previous chapters. Remember, often there is no correct answer but rather only an opportunity to view situations from several perspectives. Good luck. Interview Questions You are a member of the committee that will make the decision to hire a new staff member. You are particularly concerned that you hire someone who is will- ing to get the job done rather than finding excuses to be absent. What questions can you ask at the interview that will find out the information you need without violating rights of the applicant? Draft a few questions. Critique the questions from a legal perspective. Discussion It is a good idea for the interviewers to agree on the questions ahead of time so that all interviewees are asked the same questions. Questions need to be job-per- formance oriented. So if you want to know if a job applicant will be available for Saturday and Sunday work, don't ask if he or she is religious (thus assuming that the applicant's religious activities will get in the way of working weekends). In- stead ask, "Is there any reason why you couldn't be scheduled for weekend work?" The first question is inappropriate because it is none of your business if the appli- cant is religious. It is also a potential violation of Title VII. Another example of an inappropriate interview question would be, "Do you have family or children in school?" Probably what you are trying to find out is, Will there be any difficulties with having to relocate your residence if you take214 Legal Concepts in Sport: A Primer der Discussion an Legal issues related to sex and gender used to consider only a binary construc tion: male or female. Rules of eligibility for athletic participation were straight- stu forward: girls' team or boy's team or coed team. lo The 1977 the Renee Richards case was one of the early high-profile challenges gr to the binary construct of athletics participation. A male tennis player under- the went sex reassignment surgery and sought to participate in the U.S. Open Ten- nis Tournament-Women's Division. The underlying issues faced by the New York court that heard the resulting lawsuit focused on what constitutes maleness and femaleness. Is it having two X chromosomes versus an XY combination? If so, what happens to people possessing an XXY combination as was the case for an Olympic track star some years ago? Is it physical appearance-"too muscular for a female?" (e.g., Caster Semenya, a world champion middle distance runner) Is it the presence/absence of the genital anatomy of one sex or the other? Is it a psy- chological identity of maleness or femaleness? Whatever the answer is, the courts have realized it is not a simple binary decision anymore. Do a little reading of the cases, statutes, and law journals below and then ex- plore some of the following issues from a legal point of view. How would you suggest applying Title IX requirements to transgendered participants in general and to the potential participants in the new Quidditch league? How might you word participation requirements for coed competitions while being sensitive to an overriding goal of full participation? . Buzuvis, E. E. "Transgender Student Athletes and Sex-segregated Sport: Developing Policies of Inclusion for Intercollegiate and Interscholastic Athletics." 21 Seton Hall Journal of Sports & Entertainment Law 1. (2011) . California Assembly Bill 1266, Chapter 85, January, 2014 Available for downloading at http://leginfo.legislature.ca.gov/faces/bill- NavClient.xhtml?bill_id=201320140AB1266. This bill provides for stu- dents to participate in sex segregated activities based on their gender iden- tity regardless of their birth identity. Cooper, E. J. "Gender Testing in Athletic Competitions-Human Rights Violations: Why Michael Phelps is Praised and Caster Semenya is Chas- tised." 14 Journal of Gender Race and Justice 233. (2010) Glenn v. Brumby, 724 F. Supp. 2d 1284 (2011) Richards v. United States Tennis Association, 400 N.Y.S.2d 267 (1977) Clery Act Last week, Pat, a student at your school, came on campus very early in the morning in order to meet with friends cramming for a midterm. Pat took a short- cut through the loading dock area. Pat was attacked and raped in the lonely load- ing dock area. Apparently the security office received a report of the attack but when it was about to be listed on the public records, notice arrived from the prest:Concepts in Context: Evaluating Current Issues astruc- aight- dent's office that it was not to be listed. The president is very sensitive to bad press 215 and believed that listing the attack on the public record might make prospective students at the inner-city school have second thoughts about applying. The fol- enges lowing week, another student, while walking down a lonely, remote corridor, was der- grabbed and dragged into an empty, unlocked office and attacked by someone of Ten- the same description as the rapist. Again, notice was received from the president's York office to not add the second attack to the public records. A week following the sec- and ond attack, another student was alone in fourth floor restroom and was attacked, f so, raped, and stabbed. The student was able to stagger into a classroom where, to the an student's great good fortune, a member of the college EMT squad was a student for with a radio and was therefore able to receive the critical medical attention nec- S it essary to maintain lif tain life. Would notification to the public and campus community have prevented the second and third attacks? Was notification required? sy- rts Discussion The Clery Act requires colleges and universities receiving federal financial aid to make public statistics of specific crimes on or near campus. Failure to comply can result in fines of $35,000 per instance or the removal of federal student fi- nancial aid money from campus. The logic behind the act is that when students have an awareness of crime statistics, the students may be able to better protect themselves. The impetus for the or the Clery Act's passage was the rape and murder of a Lehigh University student. Colleges and universities must report on specified crimes and annually pro- vide the report to current and prospective students and employees. See the De- partment of Education's Handbook relating to the Clery Act at http://www2. ed.gov/admins/lead/safety/handbook.pdf The Clery Act also requires institutions to have policies in place that provide for notifying the campus of an imminent danger such as might exist when an armed intruder becomes known. Although the Clery Act applies campus-wide, it is important for you to be familiar with its existence. In addition, the Clery Act designates those people on campus who are man- datory reporters. A mandatory reporter must report knowledge of sexual harass- ment, discrimination or misconduct to a designated person in the school's hierar- chy. The definition of mandated reporter is broad but also varies a bit from campus to campus. Find out who is a mandated reporter on your campus. It might be you. Does it matter how a mandated reporter becomes aware of a reportable issue? What if a student shares an event in confidence? How does a mandated reporter separate vindictive rumor from actual allegation? If mandated to report and issue, how are the rights of both the alleged victim and alleged perpetrator preserved? All that is certain is that the answers are sensitive and complex. OCR issued a Dear Colleague letter in 2011 (available for downloading at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html in an216 Legal Concepts in Sport: A Primer Exce attempt to encourage campus authorities to take more seriously allegations of sexual misconduct on campus. However, the letter has resulted in considerable confusion about the degree of proof required and also the methods used to protect the accused prior to and during the investigative process. Often a student who was the victim of a reportable incident might discuss it with a mandated reporter but wish to have no further action taken. Is the mandated reporter obligated to pursue the issue despite the request of the victim? The complexity of the issue is real. Sensitivity to the issue is paramount. Find. ing the right balance is difficult without further instruction from the OCR. Family Educational Rights and Privacy Act (FERPA) Chris' parent requests information about the academic progress of child, Chris. Chris' parent feels entitle to the information because of paying the tuition Al for the 17-year-old student. You are Chris's teacher and coach and so you know there how Chris is doing in class. Can you share that information with the parent with- out asking Chris? Should you share that information with the parent without asking Chris? Discussion FERPA provides guidance and limitations on the release of information about students. FERPA applies to all schools that receive funds under an applicable De- partment of Education program. That jurisdiction sounds similar to the jurisdic tion of Title IX (recipient of federal funding) but in reality, FERPA's jurisdiction is smaller. One of Title IX's jurisdictional elements is the receipt of any federal money. FERPA's jurisdiction is limited to funding from within the Department of Education. In practice the distinction is minor but it is important to see the distinction from a legal perspective. The U.S. Department of Education administers FERPA and provides a good overview at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html. FERPA (Family Education Rights and Privacy Act) is often used as a reason to NOT con- vey information about a student's health or mental state to parents or other mem- bers of the campus community. It is often cited for restrictions that it does NOT include. Because of the widespread misconceptions about what information may be shared, it is important to know what is actually covered. The rights to information and for privacy belong to the parents until the stu- dent becomes 18 or enters a post high school program. Then the rights transfer to the student. The rights include the following: . The right to review the student's educational records and request correct tions. The right to maintain privacy of records unless the parent, or 18+ student gives written consent.Concepts in Context: Evaluating Current Issues Exceptions: No consent is need to release the records to 217 of school officials with legitimate educational interest; other schools to which a student is transferring; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies for or on behalf of the school; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health and safety emergencies; and state and local authorities, within a juvenile justice system, pursuant to specific State law. Although framed as a statute protecting the privacy of student information, there is great leeway in what information may be disseminated without consent. Dear Kind and Gentle Reader: Understanding the legal concepts, not just knowing the outcome of specific cases, allows you to apply the law to changing situations that arise. Change is eternal. Understanding the impact of legal issues in your professional life allows you to provide safer and better programs both for you and for your students and colleagues. Now that you have finished this book, don't stop applying the concepts you have learned. See new situations and evaluate their circumstances based on the legal concepts you have learned. Enjoy what you do and always try to do it better.206 Legal Concepts in Sport: A Primer tio this job?" and that is exactly what you should be asking rather than inquiring wa about the applicant's marital or family status. Instead of asking if the applicant has de children who might cause the applicant to miss work, ask: "How do you plan to AI cover your work responsibilities if personal responsibilities intervene?" The marital status of a job applicant is irrelevant in most conceivable circum- stances to the performance of a particular job. Therefore, it is a question the smart and astute interviewer would avoid. In addition, such questions as number of children or religion, even if innocently asked, are often actionable. If you want to know about an applicant's likelihood of having to be frequently absent from work because of family duties, the questions should be framed in a direct way. For instance, "Do you anticipate that any outside obligations will cause you to arrive late or be absent from work on a frequent basis?" That's really what you want to know-not whether someone is married or has children. The legal issues arise from statutes such as Title VII and the Americans with Disabilities Act. Discuss whether asking a job applicant's birthplace or requiring photographs to be submitted with the application would be legally defensible questions and why or why not. Prayer Pat is the head basketball coach at Public University (P.U.). Pat attended schools where pre-event prayers were offered by the team captain. Pat found the prayers to help the team members focus and remain calm. No one had ever ob- jected. Now that Pat is coaching at P.U. Pat has decided to institute the same pro- cess hoping the tension present in the locker room can be decreased thereby. Pat doesn't want to put one particular student on the spot for the prayers so Pat has prepared a prayer chart with a different student assigned to conduct the prayer each day. The students have been instructed to give a prayer suitable for their own religious traditions. After three weeks of prayers, two team members approach Pat about the prayers. One student is an atheist and the other is an evangelical Christian. Both want the team prayers terminated because they feel uncomfortable. The atheist student's discomfort arises from the feeling that the school via the coach is send- ing signals that non-religious students are unwelcome. The evangelical Christian student is uncomfortable with any students' prayer not in the specific format used in the student's evangelical tradition. Other students have heard the complaints of the two students but want to continue the prayers. What are the legal issues involved? What options does Pat have to respond to the students' concerns? Discussion Some schools have responded to similar situations by allowing the concerned students to leave the locker room during the prayer. The problem with this solu-Concepts in Context: Evaluating Current Issues 207 tion is that leaving the locker room is divisive and singles out the students in ways that may logically make them feel discriminated against. Case law has also Amendment. determined that such an option offered by a state actor is not permitted by the Ist Permitting students to offer the prayer of their own choice seems on its face to remove the situation from Establishment Clause claims. However, case law has told us that embracing all religions still excludes those students who have no reli- gion and does not get school prayer over the hurdle of the Ist Amendment. The Ist Amendment includes two claus- es known respectively as the Establishment .Establishment Clause Clause and the Free Exercise Clause. The Es- Free Exercise Clause tablishment Clause prohibits state actors from establishing, supporting, or favoring a particular religion, or the generic notion of religion versus no religion. The Free Exercise Clause prohibits state actors from blocking people from exercising their religi religion. The two clauses sometimes come into conflict with each other such as when school prayer is being debated. Those who support school prayer focus on the Free Exercise Clause. Those who do not support school prayer focus on the Establishment Clause. When the two clauses conflict with each other, the Establishment Clause wins. Read one of the following law review articles or cases and discuss the view- points expressed. Develop a policy statement that reflects the current state of the law concerning prayer in school. Borden v. School District of East Brunswick, 555 U.S. 1212 (2009) Hyndman, M. "Tradition Is Not Law: Advocating a Single Determinative Test for Establishment Clause Cases" 31 Marshall Law Review 101, (2005) . Matthews-Pillette, Raven. "Santa Fe Independent School District v. Doe: Adding a Brick to the Wall of Separation between Church and State, 28 Southern University Law Review 61, (2000). Weber, Nicole. "First Amendment-Establishment Clause-School Dis- trict Policy Permitting Student-Initiated Prayer at High School Football Games Violates the Establishment Clause". 11 Seton Hall Constitutional Law Journal 627, (2002) Hazing You are a new athletics director at a small college. You have heard that there is a clandestine tradition of hazing freshman team members. You have received no complaints yet. The handbook includes the following statement, "Hazing of students is forbidden." There is no further guidance on the topic. Are you or your program at risk if one of your students is injured physically or emotionally in an on-campus setting? Are you or your program at risk if one of your students is in- jured physically or emotionally in an off-campus setting?208 Legal Concepts in Sport: A Primer Discussion State laws have long dealt with hazing within the context of fraternities and so- rorities but few apply to sport and athletics teams. The laws typically refer refer to haz- ing which occurs as a prerequisite for joining a group rather than as a "welcom- ing activity for team members already selected for membership by the coach. The difference seems minor, but it is critical when attempting to apply existing law to situations of hazing on athletics teams. In the absence of specific statutes that prohibit hazing in athletics, the legal issues relied upon are principles of negligence. Does the coach owe team mem- bers a duty of supervision on campus to protect them from hazing? It is certainly foreseeable that physical and/or emotional injuries might result from hazing If the only injuries are emotional, can negligence claims be successful? Is the doctrine of in loco parentis of any use in dealing with hazing? If the hazing is conducted off-campus, does the coach's duty extend to the off-campus activities of team members? Some cases have said, "Yes." Draft an ar- gument in support of the coach's duty extending to the off-campus activities of team members. Do you remember the UCC? It is a uniform law adopted in major part in all states. There is a uniform anti-hazing law that includes athletics currently search- ing for adoption by the states. What is the advantage in having a uniform an- ti-hazing law rather than just using the legal principle of negligence? A variety of viewpoints can be found in the following law journals. Sussberg, Joshua. "Shattered Dreams: Hazing in College Athletics" 24 Cardozo Law Review 1421 (2003) . Pelletier, Amie. "Regulation of Rites: The Effect and Enforcement of Cur- rent Anti-Hazing Statutes", 28 New England Journal of Criminal and Civil Confinement 377. Acquaviva, Gregory. "Protecting Student from the Wrongs of Hazing Rites: A Proposal for Strengthening New Jersey's Anti-Hazing Act", 26 Quinnipiac Law Review 305, (2008). Bullying Students in your middle school physical education vary greatly in size and physical maturation, as is typical of the age. Lee, one of the smaller, younger look- ing students has confided in you that several of the bigger, more muscular stu- dents have been verbally taunting Lee in the locker room. Additionally, Lee tells you about Chris' experience with the same group of larger students. Chris, who has recently arrived from Mexico, is asked frequently by the big kids if Chris 'swam across the river" and they also call Chris a 'wet back. The taunting students have also used homophobic slurs when talking with Chris. You have also noticed that Chris has been less willing to participate in team sport class activities.Concepts in Context: Evaluating Current Issues 209 ties and so- Discussion efer to haz- welcom- Bullying and hazing often spring from the same dysfunctional personalities or oach. The misguided notions about "team building." The law applicable to both is overlap. ing law to ping and the distinctions between the two are unimportant as long as neither is allowed to exist on your campus. the legal Why anyone of any age or background feels the need to belittle, intimidate, or humiliate is beyond understanding or justification, at least by this author or on the n mem- pages of this book. However, an understanding of the pathology is not needed in ertainly order to understand the application of the law to such behaviors on the campuses ig. upon which they occur. Anti-bullying policies are being developed, adopted, and enforced on most of the nation's campuses. The Department of Education has of- fered a bit of help via its 2010 Dear Colleague letter on the topic, specifically where such behavior involves a discriminatory nexus. to the an ar- Student to student or employer/employee bullying/harassment involving civ- les of il rights areas protected by federal law brings the added weight to bear of an- ti-discrimination laws such as Title VI, Title IX, Section 504 and the ADA. So, in addition to whatever anti-bullying policies developed by schools may provide, n all federal law is now being brought into the effort to end bullying. Indeed, federal ch- law requires affirmative action on the part of a school faced with harassment and an- bullying that includes a civil rights nexus. of Punishment may be insufficient to fulfill the school's obligations when bul- lying involves a civil rights nexus. Indeed, a school may have an additional obli gation to act swiftly to cure any civil rights related hostile environment that the bullying creates that it knew or should have known about. Bullying is generally obvious. Realizing that a particular instance of bullying also triggers federal obligations for the school is sometimes not so obvious. For instance, Title IX does not protect LGBT students from discrimination when that discrimination is based solely on the student's LGBT status. However, Title IX does protect those same students from harassment based on sex/gender (such as anti-gay comments) thus requiring the school to meet Title IX requirements to investigate and remedy any such cases it knows or should know about. This may seem confusing and it is. But the secret is to look at the specific bullying scenario. Do the words or actions of the perpetrator relate to anything that is a topic defin- able as connected to sex/gender? When a bully calls the victim a name that implies the victim is gay or demean- ingly a member of the opposite sex, the argument could be made that the bully is engaging in sexual harassment; there is a nexus between the harassment and the topic of sex/gender. When a bully uses anti-Semitic references to harass a fellow student, Title VI is triggered, regardless of whether the victim is Jewish; the basis of the harassment shares a nexus with religion.210 Legal Concepts in Sport: A Primer How woul Read the 2010 Dear Colleague letter (downloadable at http://www2.ed.gov/ about/offices/list/ocr/letters/colleague-201010.html). Develop a written anti-bul. cilities proble lying policy for a middle school that includes reference to bullying based on one of provides a str the civil rights topics addressed by federal legislation. HINT: The Dear Colleague might help y letter provides several useful scenarios. How wow indemnificat Fan Misbehavior What po You are a youth sports softball league official, and you're very concerned elsewhere? about parent and fan behavior at games. Spectators have demeaned players, even their own children. Some spectators engage in the creative and unfettered use of four-letter words aimed at the opposing team, its coaches, and the officials. There Your ch have been instances of face-to-face, toe-to-toe yelling matches between parents, there may but so far, no physical contact. There are no policies in place. full health. Discussion support yo coach woul Consider the legal issues as you develop plans to regain control of spectator supports C behavior. You don't want to ban all spectators from the game because you know the value of having parents and friends supporting the players. participati damaging Is there a constitutionally protected right to be a sport spectator? If you are a state actor and you ban specific out-of-control fans from the bleachers, what Discussi would be the constitutional analysis that you would make to support your actions? What An interesting article that might provide practical scenarios with which to team? De see potential risk management problems related to fan misbehavior is Miller and Cons Gillentine's "An Analysis of Risk Management Policies for Tailgating Activities at Selected NCAA Division 1 Football Games," 16 Journal of Legal Aspects of Sport A 197 (2006). S Summer Camp Risk Management How You understand that the use of waivers by minors is not an effective risk man- College agement technique. As you plan your school's summer sport camp, you need to ac healt develop strategies for removing, reducing, and transferring risk, Develop a multi- whether faceted plan that is legally defensible and that protects the school, staff, and camp- the stud from th ers to the greatest degree possible. a cardia for the Discussion a gener What would be the impact of requiring camp participants to offer proof of no par medical insurance? How would you protect your camp staff members from claims of negligence Yo when participants were injured? Draft a suitable accident/incident report.Concepts in Context: Evaluating Current Issues ed.gov/ nti-bul- How would you remove, reduce, or transfer the risk generated by known fa- 211 one of cilities problems? (Carr v. School Board) 921 So. 2d 825 (2006). The Carr case lleague provides a straightforward fact pattern involving known facilities problems and might help you frame your answer in practical terms. How would you incorporate risk-shifting devices such as assumption of risk, indemnification agreements, insurance, and so forth into your overall camp plan? cerned What policies would you add to the camp handbook to assist in shifting risk elsewhere? even use of Right to Participate There rents, Your child has only one kidney, but so far there is no health concern. Indeed, there may never be any health concern, because only one kidney is needed for full health. You know there is always a risk of injury to the sole kidney, but you support your chi r child, Chris's, efforts to play on the school's basketball team. The coach would like Chris to be on be on the team; Chris is a good player. Your physician itor supports Chris's participation, but the school's principal had barred Chris from now participation in order to protect from the remote but devastating potential for damaging the remaining kidney. Discussion What legal concepts might you employ to force Chris's acceptance on the LO team? Develop arguments against them. nd Consider the following as you debate both sides (Chris versus principal): at Americans with Disabilities Act 14th Amendment Section 504 How should participation policies be developed. The Kleinknecht v. Gettysburg College 786 F. Supp. 499 (1992) case that dealt with a student who had a cardi- ac health issue raises just such an issue. The legal issues involved a discussion of whether there is a duty owed to provide access to medical care when knowledge of the student's risk was unknown. Does a duty to provide access to medical care flow from the foreseeability that someone, rather than a particular person, might have a cardiac health issue that would require immediate intervention. Is there a need for the institution to search for medical information about all participants versus a generalized duty to make participation and medical access decisions based on no particular participant? Amateur v. Professional: Licensing and Unionization You are a top athlete in a high-profile college sport. The American Associa- tion for Intercollegiate Athletics (AAIC-fictional) uses video clips of your team212 Legal Concepts in Sport: A Primer Amate in AAIC's self-serving advertisements about the benefits of amateur sport and the form the AAIC's role in governing them. The AAIC also packages the most interesting lopathy an game videos and sells/licenses their use to Sport Video Clips (SVC-fictional), decades. which then sells them both as DVDs and Internet downloads to fans. support, SVC grosses well over 100 million per year from its college and professional group of team videos. The professional athletes whose images are included in the videos the schoo receive royalties from SVC via their contract with the NFL. The same is not true bargainin for the college athletes. Instead, all income from the licensing of videos goes di- rectly from SVC to AAIC, whereupon the AAIC uses the income to support the and liken cost of championships for less high-profile sports such as wrestling, fencing, la- in relation crosse, and water polo. Also, your school sells athletic apparel with your name and Take number as a fundraising effort to support your sport's financial aid budget. bases: ph You think it is unfair to have your likeness (image) and name used for profit member but at no profit to you. You have said so to your coach. Your coach reminds you multimill that you signed an agreement that released all your rights in your name and like- review an ness to your school and the AAIC in return for your receiving financial aid. "But B what if I hadn't signed?" you asked. "You would not be on the team, because with- out signing, the AAIC would declare you ineligible." "Oh," you responded. "Can I get any money from whatever the AAIC and the school sell AFTER I graduate?" you inquired. "No. The paper you signed gives your college career videos and jersey rights away for life," your coach replied. Are there any remedies available to you? Discussion As of this writing, the answer to that question is, "Not sure, yet." The O'Ban- non lawsuit involves a claim for a portion of the profits/royalties gained by the NCAA and those to whom the NCAA licensed O'Bannon and co-plaintiffs' like- nesses. Take a look at the plaintiffs' complaint; it makes very interesting reading. It is available for downloading at http://online.wsj.com/public/resources/docu- ments/072209obannonsuit.pdf The lawsuit involves an anti-trust claim whereby the NCAA is alleged to have price fixed and also engaged with its co-conspirators (licensees) to block the plain- tiffs from making their own licensing arrangements. The issues become compli- A g cated and include concerns about "amateurism" (pay for play), coercive contracts league. (sign or don't play), and even how the royalties would be distributed to a class of quire th plaintiffs whose financial interests in any remedy are somewhat at odds with each players other. The plaintiffs have reached a settlement with the licensees but as of this for som writing, the case continues against the NCAA. to anno This is not the first anti-trust case against the NCAA. Antitrust legislation's dent goal is to prohibit the restraint of open competition. In NCAA v. Board of Regents of the University of Oklahoma, 468 U.S. 85 (1984) the U.S. Supreme Court found the NCAA in violation of the Sherman Anti-trust Act when the NCAA sought to control access to TV appearances by the big-time football schools.Concepts in Context: Evaluating Current Issues ort and 213 resting Amateur versus professional status, payment of players, post play benefits in ional), the form of continuing medical coverage, concussion/traumatic brain encepha- lopathy and similar issues are swirling in the legal forum, as they have for many sional decades. But it does seem that currently the debate has moved, with substantial videos support, into the legal arena. The National Labor Relations Board has granted a t true group of college football players the right to form a union although an appeal by es di- the school is anticipated. From the players' standpoint, a union would provide a rt the bargaining agent capable of protecting not just licensing rights for use of name g, la- and likeness but also for workers' compensation and continuing medical benefits e and in relation to the long-term health issues. Take a look at a few law journal articles and then develop arguments on three profit bases: philosophical, legal, and pragmatic. As you develop your arguments, re- you member that the vast majority of Division 1 college football programs sustain like- multimillion-dollar deficits annually. Among the law journals you might want to "But review are with Brighton, J. "The NCAA and the Right of Publicity: How the O'Bannon/ Keller Case May Finally Level the Playing Field." 33 Hastings Communica- tions & Entertainment Law Journal 275 (2011) Carrabis, A. B. "Strange Bedfellows: How the NCAA and EA Sports May Have Violated Antitrust and Right of Publicity Laws to Make a Profit at the Exploitation of Intercollegiate Amateurism." 15 Barry Law Review 17 (2010) Edelman, Marc. "How Young American Athletes Can Best Challenge a Bureaucracy That Prevents Them From Earning a Living." 9 DePaul Jour- nal of Sports Law Contemporary Problems 135 (2013) Tokarz, J. K. "Involuntary Servants: The NCAA's Abridgement of Stu- dent-Athletes' Economic Rights in Perpetuity Violates the Thirteenth Amendment." Wisconsin Law Review 1501, (2010). Weaver, R. J. "Online Fantasy Sports Litigation and the Need for a Federal Right of Publicity Statute," Duke Law and Technology Review 2, (2010). ve Transgendered Athletes A group of students at the neighboring colleges has developed a Quidditch league. They want to balance teams and so have drafted eligibility rules that re- quire the participation of no more than 5 male players and no less than 5 female players per team. Several of your students have approached you with a concern for some of their friends who are transgendered who want to play but do not wish to announce their transgendered status. Because of your class discussions, your students know a great deal about the requirements of Title IX and similar legis- lation and are sensitive to the issues of inclusion but are in a quandary about its application to the new Quidditch League eligibility rules