Results tagged “Sports Law”

January 29, 2013

Waterstone SJ blog Picture.jpgBy Associate Dean Michael Waterstone

On Friday, the United States Department of Education, Office for Civil Rights, issued a guidance detailing the obligations of public elementary and secondary schools to allow students with disabilities to have equal opportunities to participate in extracurricular programs, primarily sporting and athletic activities. I wrote my first law review article on the case of Casey Martin, a golfer with a disability who requested the use of a golf cart in PGA play as a reasonable accommodation under Title III of the Americans with Disabilities Act. Martin eventually won in the Supreme Court.

My first impression about the Education Department's guidance was (happy) surprise that it generated so much media attention (it was picked up in numerous national outlets, including here, here, and here). Sports are important in our society, and the benefits of youth participation in athletic activities are well documented. Too often, as the United States Government Accountability Office found in a recent report, students with disabilities have been excluded from these benefits. So I am gratified that the US Department of Education is using its platform to provide leadership in this area.

But I think it is too early to know exactly what this guidance will mean. Disability advocates are comparing it to an earlier Education Department guidance under Title IX instructing schools to treat female athletics on par with male teams. That effort transformed our society, and every time I coach my six-year old daughter's softball or soccer team I am grateful for it. I am hopeful, but not necessarily optimistic, that this will be the ADA equivalent. This guidance does not break any new ground: it merely clarifies existing legal obligations under Section 504 of the Rehabilitation Act of 1973, which is hardly a new law. The Individuals with Disabilities Education Act, which also requires schools to grapple with the integration of students with disabilities into school life, has absolutely been a transformative statute. But implementation has been slow, and the law is still underenforced.

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August 18, 2011

Professor Dan Lazaroff, director of Loyola's Sports Law Institute, discussed the NBA lockout on Lawyer 2 Lawyer on the Legal Talk Network. Program synopsis:

NBA Lockout and Lawsuits

Coming off the heels of an NFL Lockout, the NBA officially locked out its players on July 1, 2011, when players and owners failed to agree on a new contract. Then, the NBA filed two claims against the National Basketball Players Association (NBPA) before union players could file an anti-trust lawsuit against them. Attorneys and co-hosts Bob Ambrogi and J. Craig Williams welcome Professor Daniel E. Lazaroff, Director of the Loyola Sports Law Institute and Professor Gabriel A. Feldman, Director of the Tulane Sports Law Program, to discuss the legal and business issues surrounding the lockout. They take a look at the impact of the lockout on players, employees and fans and the fate of the 2011-2012 season.

Listen now

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