Sports and Inequality

by Cozzillio, Michael J.; Hayman, Robert L., Jr.

• ISBN13: 9780890892909
• ISBN10: 0890892903
• Format: Hardcover
• Copyright: 2005-02-01
• Publisher: Carolina Academic Press

Summary

Sports and Inequality is a comprehensive collection of annotated writings examining the legal and social implications of discrimination in both the professional and amateur sports contexts. The text examines the full scope of sports discrimination issues, specifically, the history of and contemporary experience with discrimination based on race, gender, disability, ethnic background, age, religion, and sexual orientation.Topics embrace the paradigmatic discrimination issues, including disparities in employment and educational contexts and the exclusion of persons from public facilities or services based on race, gender, or disability. A considerable portion of the book is devoted to the absence of racial and gender diversity both on the playing fields and in the front office, with particular emphasis on hiring, advancement, and compensation. The book also addresses less obvious examples of inequality, such as the effect of offensive logos on trademark certification; private clubs and the extent to which their systematic exclusion of minorities and women can and should be combated; NCAA eligibility criteria; abuse of spouses or partners by athletes and mistreatment of athletes, particularly young women, by coaches and other authority figures; and a score of related subjects.The text considers its topics from a broad spectrum of perspectives, utilizing both legal and non-legal resources - judicial opinions, statutory provisions, and articles and book excerpts from a variety of disciplines - to offer a wide-ranging survey of views on sports and inequality. The writings are supplemented with extensive notes, questions, references, and in-class exercises.

Table of Contents

Introduction : law, culture, and the study of sports	p. 3
Popular legal culture : an introduction	p. 10
On the margin : humanities and law	p. 12
Beyond legal realism : cultural analysis, cultural studies, and the situation of legal scholarship	p. 14
Law as culture	p. 17
Symposium : reflections from a fan : searching for more common ground in sociology and law	p. 21
When ignorance is not bliss : in search of racial and gender equity in intercollegiate athletics	p. 23
Introduction : what makes a "field" a field?	p. 27
Soccer, football, and trial systems	p. 30
The first object of government : creation myths	p. 36
Comparative law as a subversive discipline	p. 40
Metaphors matter : how images of battle, sports, and sex shape the adversary system	p. 42
Ethnic team names and logos - is there a legal solution?	p. 49
Suzan Shown Harjo et al. v. Pro-Football, Inc.	p. 55
The cancellation of Redskins as a disparaging trademark : is federal trademark law an appropriate solution for words that offend?	p. 63
A brief history of race in America	p. 69
The three myths of race	p. 72
"A general understanding" - organized baseball and black professional baseball, 1900-1930	p. 113
The past as moral guide to the present : the parallel between Martin Luther King, Jr.'s elements of a nonviolent civil rights campaign and Jackie Robinson's entry onto the Brooklyn Dodgers	p. 130
The racial re-integration of major league baseball : a business rather than moral decision; why motive matters	p. 137
Major league baseball's monopoly power and the Negro leagues	p. 143
The Harlem Globetrotters and the perpetuation of the black stereotype	p. 152
American civil rights laws and the legacy of Jackie Robinson	p. 156
Baseball and the rule of law revisited	p. 158
Where have you gone, Jackie Robinson? : integration in America in the 21st century	p. 161
The end of the "golden age" of black sports participation?	p. 165
Title VII and the Reserve Clause : a statistical analysis of salary discrimination in major league baseball	p. 171
The hard road to tennis glory	p. 183
The golfing of America	p. 188
I remember Arthur Ashe	p. 197
The great black jockeys	p. 207
The color bar gets raised in baseball	p. 218
Sports agents, role models and race consciousness	p. 224
Diversity, racism, and professional sports franchise ownership : change must come from within	p. 235
Racism in athletics : subtle yet persistent	p. 245
Merit, ol' boy networks, and the black-bottomed pyramid	p. 255
Scholz v. RDV Sports	p. 265
When ignorance is not bliss : in search of racial and gender equity in intercollegiate athletics	p. 273
The myth of the superspade : the persistence of racism in college atletics	p. 276
New directions for the civil rights movement : college athletics as a civil rights issue	p. 287
African-American student-athletes : marginalizing the NCAA regulatory structure?	p. 293
Is it in the genes? : studies have found physical differences that might help explain why blacks outperform whites in certain sports - but scientists are wary of jumping to conclusions	p. 309
Darwin's athletes : how sport has damaged black America and preserved the myth of race	p. 315
The smart culture : society, intelligence, and law	p. 318
Cureton v. National Collegiate Athletic Association	p. 335
The equality crisis : some reflections on culture, courts and feminism	p. 348
Bradwell v. State of Illinois	p. 356
Muller v. Oregon	p. 358
Adkins v. Children's Hospital	p. 361
Michael M. v. Superior Court of Sonoma County	p. 365
Mississippi University for Women v. Hogan	p. 369
United States v. Virginia	p. 372
Cohen v. Brown University (Cohen I)	p. 387
The struggle for sex equality in sport and the theory behind Title IX	p. 394
Pederson v. Louisiana State University	p. 408
One for you and one for me : is Title IX's sex-based proportionality requirement for college varsity athletic positions defensible?	p. 417
The case for requiring a proportionality test to assess compliance with Title IX in high school athletics	p. 433
Cohen v. Brown University (Cohen I)	p. 442
Cohen v. Brown University (Cohen II)	p. 448
Equally bad is not good : allowing Title IX "compliance" by the elimination of men's collegiate sports	p. 453
Neal v. Board of Trustees of the California State Universities	p. 459
Miami University Wrestling Club v. Miami University	p. 466
Title IX and the contact sports exemption : gender stereotypes in a civil rights statute	p. 471
Mercer v. Duke University	p. 484
Solving the Title IX conundrum with women's football	p. 490
In the Title IX race toward gender equity, the black female athlete is left to finish last : the lack of access for the "invisible woman"	p. 496
Implementing antiessentialism : how gender wars turn into race and class conflict	p. 500
Essay : black women, gender equity and the function at the junction	p. 504
Title IX and college sport : the long painful path to compliance and reform	p. 518
Completing the revolution : Title IX as catalyst for an alternative model of college sports	p. 531
Professional sports opportunities for American female athletes	p. 555
Leagues of their own	p. 559
Better? : yes : equal? : not by a long shot	p. 568
The gender hierarchy in tennis	p. 570
Toward gender equality in professional sports	p. 573
Garret v. New York State Athletic Commission	p. 592
Women at play	p. 596
Comment : "girls of summer" : a comprehensive analysis of the past, present, and future of women in baseball and a roadmap to litigating a successful gender discrimination case	p. 598
Stanley v. University of Southern California (Stanley I)	p. 602
Coaching contracts take on the Equal Pay Act : can (and should) female coaches tie the score?	p. 608
Stanley v. University of Southern California (Stanley II)	p. 624
Pay equity for coaches and athletic administrators : an element of Title IX?	p. 631
Women in baseball : the forgotten history	p. 641
Postema v. National League of Professional Baseball Clubs	p. 648
The umpire strikes out : Postema v. National League : major league gender discrimination	p. 654
Ortiz-Del Valle v. National Basketball Association	p. 662
Ludtke v. Kuhn	p. 667
Equal Employment Opportunity Comm'n v. National Broadcasting Co	p. 674
Willing to go it alone : women are often forced to pay a painful price for demanding equality at their country clubs	p. 681
The unplayable lie	p. 685
The key to unlocking the clubhouse door : the application of antidiscrimination laws to quasi-private clubs	p. 705
Gender discrimination at private golf clubs	p. 729
Barry v. Maple Bluff Country Club, Inc	p. 739
Wanders v. Bear Hill Golf Club, Inc	p. 743
Borne v. Haverhill Golf and Country Club, Inc.	p. 744
Identity and equality : these are the people in your neighborhood (reviewing Bernard Lefkowitz, Our guys : the Glen Ridge rape and the secret life of a perfect suburb (U. Calif. Press. 1997))	p. 751
Male student-athletes reported for sexual assault : a survey of campus police departments and judicial affairs officers	p. 757
Sport and images of masculinity : the meaning of relationships in the life course of "elite" male athletes	p. 761
Student-athlete sexual violence against women : defining the limits of institutional responsibility	p. 771
Note, out of bounds : professional sports leagues and domestic violence	p. 776
United States v. Morrison	p. 782
Sports heroes, sexual assault and the unnamed victim	p. 800
Little girls in pretty boxes	p. 809
"There's no crying in baseball" : sports and the legal construction of gender	p. 817
Boutilier v. Immigration and Naturalization Service	p. 833
Romer v. Evans	p. 837
Weaver v. Nebo School District	p. 845
Lawrence v. Texas	p. 851
Coming on strong : gender and sexuality in twentieth century women's sport	p. 862
Strong women, deep closets : lesbians and homophobia in sport	p. 870
The competitive closet	p. 882
Paid to play a game	p. 891
Playing it straight : an analysis of current legal protections to combat homophobia and sexual orientation discrimination in intercollegiate athletics	p. 896
Montgomery v. Independent School District No. 709	p. 910
Time-out : the author's story	p. 916
Introduction : disability and American sports	p. 929
The disability rights movement : from charity to confrontation	p. 934
Buck v. Bell	p. 940
Skinner v. Oklahoma	p. 945
City of Cleburne v. Cleburne Living Center	p. 948
The disability rights movement : from charity to confrontation	p. 955
No pity : forging a new civil rights movement	p. 958
Beyond ramps : disability at the end of the social contract	p. 963
Board of Trustees of the University of Alabama v. Garrett	p. 975
Disability sport and recreation resources	p. 983
No pity : forging a new civil rights movement	p. 993
Don't roll in my parade : the impact of sports and entertainment cases on public awareness and understanding of the Americans with Disabilities Act	p. 996
PGA Tour, Inc., v. Casey Martin	p. 1002
Cruz v. Pennsylvania Interscholastic Athletic Association, Inc., Defendant	p. 1021
Anderson v. Little League Baseball, Inc.	p. 1031
Shultz v. Hemet Youth Pony League, Inc.	p. 1034
United States Constitution	p. 1039
Equal Pay Act of 1963	p. 1039
Civil Rights Act of 1964	p. 1040
Title IX of the Education Amendments of 1972	p. 1044
Rehabilitation Act of 1973	p. 1046
Americans with Disabilities Act	p. 1047
Employment Non-Discrimination Act (proposed)	p. 1056
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