Due Process and the NCAA


Book Description




Indentured


Book Description

“How can the NCAA blithely wreck careers without regard to due process or common fairness? How can it act so ruthlessly to enforce rules that are so petty? Why won’t anybody stand up to these outrageous violations of American values and American justice?” In the four years since Joe Nocera asked those ques­tions in a controversial New York Times column, the National Collegiate Athletic Association has come under fire. Fans have begun to realize that the athletes involved in the two biggest college sports, men’s bas­ketball and football, are little more than indentured servants. Millions of teenagers accept scholarships to chase their dreams of fame and fortune—at the price of absolute submission to the whims of an organiza­tion that puts their interests dead last. For about 5 percent of top-division players, college ends with a golden ticket to the NFL or the NBA. But what about the overwhelming majority who never turn pro? They don’t earn a dime from the estimated $13 billion generated annually by college sports—an ocean of cash that enriches schools, conferences, coaches, TV networks, and apparel companies . . . everyone except those who give their blood and sweat to entertain the fans. Indentured tells the dramatic story of a loose-knit group of rebels who decided to fight the hypocrisy of the NCAA, which blathers endlessly about the purity of its “student-athletes” while exploiting many of them: The ones who get injured and drop out be­cause their scholarships have been revoked. The ones who will neither graduate nor go pro. The ones who live in terror of accidentally violating some obscure rule in the four-hundred-page NCAA rulebook. Joe Nocera and Ben Strauss take us into the inner circle of the NCAA’s fiercest enemies. You’ll meet, among others . . . ·Sonny Vaccaro, the charismatic sports marketer who convinced Nike to sign Michael Jordan. Dis­gusted by how the NCAA treated athletes, Vaccaro used his intimate knowledge of its secrets to blow the whistle in a major legal case. ·Ed O’Bannon, the former UCLA basketball star who realized, years after leaving college, that the NCAA was profiting from a video game using his image. His lawsuit led to an unprecedented antitrust ruling. ·Ramogi Huma, the founder of the National Col­lege Players Association, who dared to think that college players should have the same collective bargaining rights as other Americans. ·Andy Schwarz, the controversial economist who looked behind the façade of the NCAA and saw it for what it is: a cartel that violates our core values of free enterprise. Indentured reveals how these and other renegades, working sometimes in concert and sometimes alone, are fighting for justice in the bare-knuckles world of college sports.




Due Process of Lawmaking


Book Description

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.




The Campus Rape Frenzy


Book Description

In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation’s institutions of higher learning as awash in a violent crime wave—and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing to reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama administration and biased media coverage led by The New York Times. The frenzy about campus rape has helped stimulate—and has been fanned by—ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation’s all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play. This book uses hard facts to set the record straight. It explores, among other things, nearly two dozen of the cases since 2010 in which students who in all likelihood would have or have subsequently been found not guilty in a court of law have, in a lopsided process, been hastily and carelessly branded as sex criminals and expelled or otherwise punished by their colleges, often after being tarred and feathered by their fellow students. And it shows why all students—and, eventually, society as a whole—are harmed when our nation’s universities abandon pursuit of truth and seek instead to accommodate the passions of the mob. As detailed in the new Epilogue, some encouraging events have transpired since this book was first published in October 2016. A majority of the judicial rulings in dozens of lawsuits by male students claiming their schools treated them unfairly and discriminated against them based on their gender have rebuked the schools for their handling of these cases. And Education Secretary Betsy DeVos called for fairness to accused students and accusers alike, revoked most of the guilt-presuming Obama-era policies, and began a protracted rule-making process designed to compel procedural fairness and nondiscrimination.




Recommended Principles to Guide Academy-Industry Relationships


Book Description

The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university: • Preserving the integrity of research and public respect for higher education • Eliminating and managing individual and institutional financial conflicts of interest • Maintaining unbiased hiring and recruitment policies • Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals • Mastering the complications of negotiations over patents and copyright • Assuring the ethics of research involving human subjects. In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.




No Child Left Behind


Book Description

The No Child Left Behind Act is confusing to parents, educators, administrators, advocates, and most attorneys. This book provides a clear roadmap to the law and how to get better educational services for all children. Includes CD ROM of resources and references.




Sexual Justice


Book Description

A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.




Constitutional Law For Dummies


Book Description

Discover the ins and outs of Constitutional law Are you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further! Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course. It breaks down complicated material and gives you a through outline of the parameters and applications of the U.S. Constitution in modern, easy-to-understand language. Critical information on the Constitution's foundations, powers, and limitations A modern analysis of the Constitution's amendments Detailed information on the Supreme Court and federalism Explaining outdated governmental jargon in current, up-to-date terms, Constitutional Law For Dummies is just what you need for quick learning and complete understanding. Students studying government will also find this to be a useful supplement to a variety of courses.




The Law of Higher Education


Book Description

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.




Intercollegiate Sports


Book Description

The Subcommittee on Commerce, Consumer Protection and Competitiveness of the House Committee on Energy and Commerce met on three occasions to hear testimony on intercollegiate sports and in particular on proposed legislation to regulate college sports, to assure due process in investigations of the National Collegiate Athletic Association (NCAA), and other issues such as college sports at historically black colleges and universities, and treatment of women's athletics. All three hearings were held in Washington, D.C. The first hearing included witnesses Creed Black. President of the Knight Foundation Commission on Intercollegiate Athletics, David P. Roselle of the University of Delaware, head coaches from universities in Nevada and Louisiana, a writer and sports investigator Dan Yaeger, and various legislators. This hearing touched on broad issues of abuse within college athletics and the regulation of athletics. The second hearing concerned academics and athletics, particularly with regard to how well or poorly institutions served the students they recruited to play athletics. Witnesses included university administrators, a spokesman for Senator Terry Sanford of North Carolina, Mississippi Senator Thad Cochran, the chairman of the NCAA Presidents Commission, head coaches from state universities, and officials of the Knight Commission and the Center for the Study of Sport in Society. The final hearing addressed issues of the historically black colleges and universities and their participation or lack of participation in the national sports scene as it is broadcast on television. Witnesses included officials from the NCAA, coaches, university executives, Education Department researchers, Renaissance Foundation executives and others. Included are the prepared statements of the witnesses and supporting statements and documents. (JB).