Sports and Inequality
This anthology of annotated writings from professional journals and other books explores the inequalities that characterize American professional and amateur sports; trace the struggles for equality and report their many achievements; and identify too many lingering examples of apparent insensitivity, unconcern, or intentional disregard for the absence of diversity and for the failure of inclusion. The writins also examine the debate over the causes and survey the proposed remedies, which...
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Introduction : law, culture, and the study of sports3Popular legal culture : an introduction10On the margin : humanities and law12Beyond legal realism : cultural analysis, cultural studies, and the situation of legal scholarship14Law as culture17Symposium : reflections from a fan : searching for more common ground in sociology and law21When ignorance is not bliss : in search of racial and gender equity in intercollegiate athletics23Introduction : what makes a "field" a field?27Soccer, football, and trial systems30The first object of government : creation myths36Comparative law as a subversive discipline40Metaphors matter : how images of battle, sports, and sex shape the adversary system42Ethnic team names and logos - is there a legal solution?49Suzan Shown Harjo et al. v. Pro-Football, Inc.55The cancellation of Redskins as a disparaging trademark : is federal trademark law an appropriate solution for words that offend?63A brief history of race in America69The three myths of race72"A general understanding" - organized baseball and black professional baseball, 1900-1930113The 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 Dodgers130The racial re-integration of major league baseball : a business rather than moral decision; why motive matters137Major league baseball's monopoly power and the Negro leagues143The Harlem Globetrotters and the perpetuation of the black stereotype152American civil rights laws and the legacy of Jackie Robinson156Baseball and the rule of law revisited158Where have you gone, Jackie Robinson? : integration in America in the 21st century161The end of the "golden age" of black sports participation?165Title VII and the Reserve Clause : a statistical analysis of salary discrimination in major league baseball171The hard road to tennis glory183The golfing of America188I remember Arthur Ashe197The great black jockeys207The color bar gets raised in baseball218Sports agents, role models and race consciousness224Diversity, racism, and professional sports franchise ownership : change must come from within235Racism in athletics : subtle yet persistent245Merit, ol' boy networks, and the black-bottomed pyramid255Scholz v. RDV Sports265When ignorance is not bliss : in search of racial and gender equity in intercollegiate athletics273The myth of the superspade : the persistence of racism in college atletics276New directions for the civil rights movement : college athletics as a civil rights issue287African-American student-athletes : marginalizing the NCAA regulatory structure?293Is 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 conclusions309Darwin's athletes : how sport has damaged black America and preserved the myth of race315The smart culture : society, intelligence, and law318Cureton v. National Collegiate Athletic Association335The equality crisis : some reflections on culture, courts and feminism348Bradwell v. State of Illinois356Muller v. Oregon358Adkins v. Children's Hospital361Michael M. v. Superior Court of Sonoma County365Mississippi University for Women v. Hogan369United States v. Virginia372Cohen v. Brown University (Cohen I)387The struggle for sex equality in sport and the theory behind Title IX394Pederson v. Louisiana State University408One for you and one for me : is Title IX's sex-based proportionality requirement for college varsity athletic positions defensible?417The case for requiring a proportionality test to assess compliance with Title IX in high school athletics433Cohen v. Brown University (Cohen I)442Cohen v. Brown University (Cohen II)448Equally bad is not good : allowing Title IX "compliance" by the elimination of men's collegiate sports453Neal v. Board of Trustees of the California State Universities459Miami University Wrestling Club v. Miami University466Title IX and the contact sports exemption : gender stereotypes in a civil rights statute471Mercer v. Duke University484Solving the Title IX conundrum with women's football490In the Title IX race toward gender equity, the black female athlete is left to finish last : the lack of access for the "invisible woman"496Implementing antiessentialism : how gender wars turn into race and class conflict500Essay : black women, gender equity and the function at the junction504Title IX and college sport : the long painful path to compliance and reform518Completing the revolution : Title IX as catalyst for an alternative model of college sports531Professional sports opportunities for American female athletes555Leagues of their own559Better? : yes : equal? : not by a long shot568The gender hierarchy in tennis570Toward gender equality in professional sports573Garret v. New York State Athletic Commission592Women at play596Comment : "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 case598Stanley v. University of Southern California (Stanley I)602Coaching contracts take on the Equal Pay Act : can (and should) female coaches tie the score?608Stanley v. University of Southern California (Stanley II)624Pay equity for coaches and athletic administrators : an element of Title IX?631Women in baseball : the forgotten history641Postema v. National League of Professional Baseball Clubs648The umpire strikes out : Postema v. National League : major league gender discrimination654Ortiz-Del Valle v. National Basketball Association662Ludtke v. Kuhn667Equal Employment Opportunity Comm'n v. National Broadcasting Co674Willing to go it alone : women are often forced to pay a painful price for demanding equality at their country clubs681The unplayable lie685The key to unlocking the clubhouse door : the application of antidiscrimination laws to quasi-private clubs705Gender discrimination at private golf clubs729Barry v. Maple Bluff Country Club, Inc739Wanders v. Bear Hill Golf Club, Inc743Borne v. Haverhill Golf and Country Club, Inc.744Identity 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))751Male student-athletes reported for sexual assault : a survey of campus police departments and judicial affairs officers757Sport and images of masculinity : the meaning of relationships in the life course of "elite" male athletes761Student-athlete sexual violence against women : defining the limits of institutional responsibility771Note, out of bounds : professional sports leagues and domestic violence776United States v. Morrison782Sports heroes, sexual assault and the unnamed victim800Little girls in pretty boxes809"There's no crying in baseball" : sports and the legal construction of gender817Boutilier v. Immigration and Naturalization Service833Romer v. Evans837Weaver v. Nebo School District845Lawrence v. Texas851Coming on strong : gender and sexuality in twentieth century women's sport862Strong women, deep closets : lesbians and homophobia in sport870The competitive closet882Paid to play a game891Playing it straight : an analysis of current legal protections to combat homophobia and sexual orientation discrimination in intercollegiate athletics896Montgomery v. Independent School District No. 709910Time-out : the author's story916Introduction : disability and American sports929The disability rights movement : from charity to confrontation934Buck v. Bell940Skinner v. Oklahoma945City of Cleburne v. Cleburne Living Center948The disability rights movement : from charity to confrontation955No pity : forging a new civil rights movement958Beyond ramps : disability at the end of the social contract963Board of Trustees of the University of Alabama v. Garrett975Disability sport and recreation resources983No pity : forging a new civil rights movement993Don't roll in my parade : the impact of sports and entertainment cases on public awareness and understanding of the Americans with Disabilities Act996PGA Tour, Inc., v. Casey Martin1002Cruz v. Pennsylvania Interscholastic Athletic Association, Inc., Defendant1021Anderson v. Little League Baseball, Inc.1031Shultz v. Hemet Youth Pony League, Inc.1034App. IUnited States Constitution1039App. IIEqual Pay Act of 19631039App. IIICivil Rights Act of 19641040App. IVTitle IX of the Education Amendments of 19721044App. VRehabilitation Act of 19731046App. VIAmericans with Disabilities Act1047App. VIIEmployment Non-Discrimination Act (proposed)1056
