coining the "cubewrap" contracts phrase). The phrase cubewrap contracts refers to noncompete agre... more coining the "cubewrap" contracts phrase). The phrase cubewrap contracts refers to noncompete agreements presented to employees-or left in their cubicles-after the employee has already accepted the employment offer and started work; this situation is analogous to the delayed disclosure of license terms under "shrinkwrap" agreements. Id. at 977-78. 29. Rachel Arnow-Richman, Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, 49 ARIZ. L. REV. 637, 640-41 (2007) [hereinafter Arnow-Richman, Delayed Term] (arguing for mandatory pre-employment disclosure of non-compete agreements). 30. Matt Marx, The Firm Strikes Back: Non-compete Agreements and the Mobility of Technical Professionals, 76 AMER. SOC. REV. 695, 700, 705-06 (2011) (finding, in a survey of 1,029 engineers and interviews with 52 patent holders in automatic speech recognition industry, that noncompete was included with the employment offer fewer than one-third of the time and that employees not presented with non-compete at time of offer were less likely to have a lawyer review the non-compete terms). 31. See Leibman & Nathan, supra note 23, at 1573-74 (arguing for state statutes requiring that afterthought agreements be in writing, that employees not be subject to discharge for refusing to sign such agreements, but no new consideration should be necessary). See also Kathryn J. Yates, Note, Consideration for Employee Noncompetition Covenants in Employments At Will, 54 FORDHAM L. REV. 1123, 1137-39 (1986) (arguing that continued employment is sufficient consideration based on unilateral contract approach to issue).
The lack of understanding regarding the symptoms and effects of concussions by athletes and coach... more The lack of understanding regarding the symptoms and effects of concussions by athletes and coaches can generate pressure on both the team physicians to diagnose concussions as well as the sport administrators who need to be aware what concussion protocols are being followed. The significance of appropriate diagnosis of a concussion and the returnto-play protocols may be complicated by the number of guidelines available as well as the reliance on the athlete to self-report the symptoms of a concussion. While the grading guidelines have advanced the use of uniform terminology and increased awareness of concussion signs and symptoms, the lack of scientific method in creating the concussion management guidelines called their effectiveness into question. A total of 65 head football athletic trainers were surveyed to determine how medical personnel at selected universities managed the risk of concussions in intercollegiate football. The results indicated that nearly 70% of the respondents indicated that between five to eight football players on their respective teams incurred a concussion during the season. However, no dominant guidelines for assessing a concussion were revealed as none of the guidelines were employed by more than 29% of the population. Finally, 50% did not believe that the same guidelines should be used for an initial concussion assessments or subsequent concussions. Because no two people can be diagnosed in exactly the same way, guidelines may inhibit proper treatment. However, should an error in judgment occur, litigation against the physician, the athletic administrator, and the university may result.
People generally identify with social groups within their environments. Individuals gain psycholo... more People generally identify with social groups within their environments. Individuals gain psychological benefits, such as increased self-esteem and psychological support, via identification. Extant research has examined identification with individual social groups, but no research study has examined the varying levels of identification with a number of social groups. Participants were asked to indicate level of identification with a sport team, religion, employment, school activity, and form of community involvement. Analysis of 226 participants' responses indicated that identification with a sport team was stronger than identification with a religious group, school activity, and community involvement. Similar levels of identification were found between sport team, social activity, and employment. The results also indicate that identification with a sport team significantly contributes to social psychological health above and beyond identification with all other social groups. Implications of the results are discussed.
International Journal of Sport Communication, 2012
On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United St... more On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United States medal winning swimmer Fran Crippen failed to finish the Fédération Internationale de Natation (FINA) 10 Kilometer Marathon Swimming World Cup open water race. The conditions of the water and exterior temperature were relevant factors contributing to the death of Fran Crippen. A discussion of risk communication, as an integral part of the risk management process, describes how this tragedy could have been avoided. This case study will address how the proper authorities could have employed the risk communications to prevent this tragedy.
Page 1. 2. The copyright owner must have made a reasonable effort to add the notice to all copies... more Page 1. 2. The copyright owner must have made a reasonable effort to add the notice to all copies or phonorecords that were distributed to the public in the United States after the omission was discovered. 21. See Circular 3 ...
Sports Law (South-Western's Special Topics Collection, 2013) by Adam Epstein is unlike many tradi... more Sports Law (South-Western's Special Topics Collection, 2013) by Adam Epstein is unlike many traditional sports law textbooks as it focuses on fundamentals and real-world insights rather than offering traditional law school text cases. As Epstein stated, the "goal of this book is to provide succinct access to the legal issues involved in sports and sports business." In this reviewer's opinion, it certainly accomplishes that goal. Sports law, like the Missouri River, can be a mile wide and a foot deep. But unlike the Missouri, this text provides the reader an opportunity for breadth of subject matter as well as depth of study. Epstein accomplishes this feat by thoroughly identifying major legal issues that are relevant to sports in a balanced manner. While many of the chapters could be topics of exploration for an entire semester, the book concisely identifies and summarizes the legal areas without being condescending or simple. In fact, Epstein's book provides such solid building blocks that it may be effectively used in graduate, undergraduate, or even law school courses. The field of sports law is developing at an incredibly rapid pace, and there is always a concern that a textbook may be out of date even as soon as it comes out for publication. Yet, as Epstein points out, Sports Law is designed to be supplemented by the "ubiquitous Internet access." In fact, even though the text is very contemporary, the author encourages instructors to use the Internet to stay even more current about the legal issues affecting sports. The first chapter on sports agency delves into a field that many students may wish to enter. Epstein does good job laying out the risks, both positive and negative, of the profession. Also in Chapter One, the author identifies the legal issues that have emerged regarding the NCAA and social media. Given the recent cases of tweeting scandals-Marvin Austin at the University of North Carolina as well as the recent suspension of Nic Kerdiles at the University of Wisconsin-this area is ripe for examination. In fact, one of the strengths of the book is the considerable emphasis on the NCAA. In this chapter and throughout the text, there are relevant sections of the latest version of the NCAA Division I Manual. Very few, if any, sports law texts cover the legal issues faced by the NCAA in such an in-depth manner. Chapter Two concentrates on the area of contracts in sports. This chapter is divided into three major categories: standard player contracts, endorsement contracts, and appearance contracts. With the recent work stoppages in the NFL, NBA, and, for the fourth time since 1992, the NHL, this chapter represents current and The author is with the
On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United St... more On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United States medal winning swimmer, Fran Crippen, failed to finish the Fédération Internationale de Natation (FINA) 10 K Marathon Swimming World Cup open water race. The conditions of the water and exterior temperature were relevant factors contributing to the death of Fran Crippen. A discussion of negligence and risk management describes how this tragedy could have been avoided. The USA Commission found that due to the environmental factors of the external temperature and the heat of the salt water, FINA should have cancelled the race. Despite other racers pulling voluntarily out of the race, Fran Crippen chose to swim and lost his life. The proper authorities could have prevented this tragedy by cancelling the race.
As International Olympic Committee President Jacques Rogge stated in his closing speech, the Game... more As International Olympic Committee President Jacques Rogge stated in his closing speech, the Games in Vancouver provided 16 unforgettable days with many strong emotions. There were incredible performances, unimaginable mistakes and failures, and tragically the death of ...
At elite levels, such as the National Hockey League (NHL), aggression is considered to be importa... more At elite levels, such as the National Hockey League (NHL), aggression is considered to be important as a successful strategy. Aggressive players are quickly recognized for their style of play by coaches, management, other players, and fans (Cusimano, Chipman, Volpe, & Donnelly, 2009). Coupled with the concept that hockey played in the NHL is a fast, collision sport lends itself to the potential of concussions. The speed, hard ice, boards, sticks, pucks, player collisions, body checks, and illegal on-ice activity contribute to the prevalence of concussion (Collins, Fields, & Comstock, 2008; Goodman & Williamson, 2009). Additionally, the perceptions that concussions are ''a part of the game'' and the ability to return to play quickly as a sign of ''toughness'' is prevalent. However, an attitude that emphasizes tough of players who can ''heroically brush off'' injuries often compel players to neglect their own safety and health for the game (Cusimano et al, 2009). Concussions have become a considerable issue in sports as occurrence rates have increased (Benson, Meeuwisse, Rizos, Kang, & Burke, 2011). There may be a number of reasons for the increase of concussions in sport. For example, a concussion is no longer defined as the player losing consciousness (Ellenbogen, Beger, & Hunt, 2010). However, what were once referred to as "dings," "hits," or many other less significant-sounding names by athletes are now clearly defined as concussions (Ellenbogen et al., 2010). Yet, many athletes do not recognize their symptoms as being the result of a concussion, nor do they believe that sustaining a concussion is a potentially grave problem (Kaut, DePompei, Kerr, & Congeni, 2003; Rutherford, Stephens, Potter, & Fernie, 2005). Such perceptions may change dramatically in the near future as two major lawsuits have been filed against the NHL by former players. In both lawsuits, the players assert that the NHL was negligent in informing them of the high rate of injuries resulting from playing professional hockey, especially the increased risk of brain damage due to concussive and sub-concussive brain trauma. The first section will analyze the litigation against NHL brought by parents of a former player who is deceased. The second section discuss on the need for a paradigm shift of the culture of sport to make hockey safer from the fans as well as the NHL. The third section will focus on the application of risk management in regards to minimized violent behavior in hockey. The last section will address issues of monitoring youth hockey for concussions.
Leaders in the collegiate sports world are facing a number of challenging issues arising from the... more Leaders in the collegiate sports world are facing a number of challenging issues arising from the proliferation of, and easy access to, the new phenomenon of social media. Well-publicized recent examples, including the case of Marvin Austin at the University of North Carolina, have dramatized the potential ramifications that come from uses and misuses of these new means of communication. One of the interesting and problematic aspects in assessing the impact of social media is the possibility of damage to individual and institutional reputations. Though it is certainly true that reputation does have important, measurable legal and economic dimensions, it is also obvious that it is not a purely legal or economic concept. This paper examines recent risk management research and suggests a pathway to a new approach to thinking about the legal context of risks arising from uses and misuses of social media.
Ian Thorpe is one of the greatest swimmers of all-time. He has won more international championshi... more Ian Thorpe is one of the greatest swimmers of all-time. He has won more international championship medals than any other Australian swimmer in history, including five gold medals in two Olympic Games. Thorpe has also been one of the leading opponents of doping. But, that ...
... Nick Potter, ATC, is a certified athletic trainer for the Kansas City Chiefs. ... gaining acc... more ... Nick Potter, ATC, is a certified athletic trainer for the Kansas City Chiefs. ... gaining accurate accounts of the total number of concussions incurred by athletes every year is difficult due to a dearth of effective reporting (University of Pittsburgh Medical Center, 2008, Meehan & Bachur ...
... For example, in a statistics course: 'When given two events, you wil... more ... For example, in a statistics course: 'When given two events, you will be able to ... the recipient of the Alumni of Notable Achievement Award, University of Minnesota College of Liberal Arts. ... SERVQUAL: a multiple-item scale for measuring consumer perceptions of service quality. ...
coining the "cubewrap" contracts phrase). The phrase cubewrap contracts refers to noncompete agre... more coining the "cubewrap" contracts phrase). The phrase cubewrap contracts refers to noncompete agreements presented to employees-or left in their cubicles-after the employee has already accepted the employment offer and started work; this situation is analogous to the delayed disclosure of license terms under "shrinkwrap" agreements. Id. at 977-78. 29. Rachel Arnow-Richman, Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, 49 ARIZ. L. REV. 637, 640-41 (2007) [hereinafter Arnow-Richman, Delayed Term] (arguing for mandatory pre-employment disclosure of non-compete agreements). 30. Matt Marx, The Firm Strikes Back: Non-compete Agreements and the Mobility of Technical Professionals, 76 AMER. SOC. REV. 695, 700, 705-06 (2011) (finding, in a survey of 1,029 engineers and interviews with 52 patent holders in automatic speech recognition industry, that noncompete was included with the employment offer fewer than one-third of the time and that employees not presented with non-compete at time of offer were less likely to have a lawyer review the non-compete terms). 31. See Leibman & Nathan, supra note 23, at 1573-74 (arguing for state statutes requiring that afterthought agreements be in writing, that employees not be subject to discharge for refusing to sign such agreements, but no new consideration should be necessary). See also Kathryn J. Yates, Note, Consideration for Employee Noncompetition Covenants in Employments At Will, 54 FORDHAM L. REV. 1123, 1137-39 (1986) (arguing that continued employment is sufficient consideration based on unilateral contract approach to issue).
The lack of understanding regarding the symptoms and effects of concussions by athletes and coach... more The lack of understanding regarding the symptoms and effects of concussions by athletes and coaches can generate pressure on both the team physicians to diagnose concussions as well as the sport administrators who need to be aware what concussion protocols are being followed. The significance of appropriate diagnosis of a concussion and the returnto-play protocols may be complicated by the number of guidelines available as well as the reliance on the athlete to self-report the symptoms of a concussion. While the grading guidelines have advanced the use of uniform terminology and increased awareness of concussion signs and symptoms, the lack of scientific method in creating the concussion management guidelines called their effectiveness into question. A total of 65 head football athletic trainers were surveyed to determine how medical personnel at selected universities managed the risk of concussions in intercollegiate football. The results indicated that nearly 70% of the respondents indicated that between five to eight football players on their respective teams incurred a concussion during the season. However, no dominant guidelines for assessing a concussion were revealed as none of the guidelines were employed by more than 29% of the population. Finally, 50% did not believe that the same guidelines should be used for an initial concussion assessments or subsequent concussions. Because no two people can be diagnosed in exactly the same way, guidelines may inhibit proper treatment. However, should an error in judgment occur, litigation against the physician, the athletic administrator, and the university may result.
People generally identify with social groups within their environments. Individuals gain psycholo... more People generally identify with social groups within their environments. Individuals gain psychological benefits, such as increased self-esteem and psychological support, via identification. Extant research has examined identification with individual social groups, but no research study has examined the varying levels of identification with a number of social groups. Participants were asked to indicate level of identification with a sport team, religion, employment, school activity, and form of community involvement. Analysis of 226 participants' responses indicated that identification with a sport team was stronger than identification with a religious group, school activity, and community involvement. Similar levels of identification were found between sport team, social activity, and employment. The results also indicate that identification with a sport team significantly contributes to social psychological health above and beyond identification with all other social groups. Implications of the results are discussed.
International Journal of Sport Communication, 2012
On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United St... more On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United States medal winning swimmer Fran Crippen failed to finish the Fédération Internationale de Natation (FINA) 10 Kilometer Marathon Swimming World Cup open water race. The conditions of the water and exterior temperature were relevant factors contributing to the death of Fran Crippen. A discussion of risk communication, as an integral part of the risk management process, describes how this tragedy could have been avoided. This case study will address how the proper authorities could have employed the risk communications to prevent this tragedy.
Page 1. 2. The copyright owner must have made a reasonable effort to add the notice to all copies... more Page 1. 2. The copyright owner must have made a reasonable effort to add the notice to all copies or phonorecords that were distributed to the public in the United States after the omission was discovered. 21. See Circular 3 ...
Sports Law (South-Western's Special Topics Collection, 2013) by Adam Epstein is unlike many tradi... more Sports Law (South-Western's Special Topics Collection, 2013) by Adam Epstein is unlike many traditional sports law textbooks as it focuses on fundamentals and real-world insights rather than offering traditional law school text cases. As Epstein stated, the "goal of this book is to provide succinct access to the legal issues involved in sports and sports business." In this reviewer's opinion, it certainly accomplishes that goal. Sports law, like the Missouri River, can be a mile wide and a foot deep. But unlike the Missouri, this text provides the reader an opportunity for breadth of subject matter as well as depth of study. Epstein accomplishes this feat by thoroughly identifying major legal issues that are relevant to sports in a balanced manner. While many of the chapters could be topics of exploration for an entire semester, the book concisely identifies and summarizes the legal areas without being condescending or simple. In fact, Epstein's book provides such solid building blocks that it may be effectively used in graduate, undergraduate, or even law school courses. The field of sports law is developing at an incredibly rapid pace, and there is always a concern that a textbook may be out of date even as soon as it comes out for publication. Yet, as Epstein points out, Sports Law is designed to be supplemented by the "ubiquitous Internet access." In fact, even though the text is very contemporary, the author encourages instructors to use the Internet to stay even more current about the legal issues affecting sports. The first chapter on sports agency delves into a field that many students may wish to enter. Epstein does good job laying out the risks, both positive and negative, of the profession. Also in Chapter One, the author identifies the legal issues that have emerged regarding the NCAA and social media. Given the recent cases of tweeting scandals-Marvin Austin at the University of North Carolina as well as the recent suspension of Nic Kerdiles at the University of Wisconsin-this area is ripe for examination. In fact, one of the strengths of the book is the considerable emphasis on the NCAA. In this chapter and throughout the text, there are relevant sections of the latest version of the NCAA Division I Manual. Very few, if any, sports law texts cover the legal issues faced by the NCAA in such an in-depth manner. Chapter Two concentrates on the area of contracts in sports. This chapter is divided into three major categories: standard player contracts, endorsement contracts, and appearance contracts. With the recent work stoppages in the NFL, NBA, and, for the fourth time since 1992, the NHL, this chapter represents current and The author is with the
On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United St... more On October 23, 2010 in the city of Fujairah, east of Dubai, United Arab Emirates (UAE), United States medal winning swimmer, Fran Crippen, failed to finish the Fédération Internationale de Natation (FINA) 10 K Marathon Swimming World Cup open water race. The conditions of the water and exterior temperature were relevant factors contributing to the death of Fran Crippen. A discussion of negligence and risk management describes how this tragedy could have been avoided. The USA Commission found that due to the environmental factors of the external temperature and the heat of the salt water, FINA should have cancelled the race. Despite other racers pulling voluntarily out of the race, Fran Crippen chose to swim and lost his life. The proper authorities could have prevented this tragedy by cancelling the race.
As International Olympic Committee President Jacques Rogge stated in his closing speech, the Game... more As International Olympic Committee President Jacques Rogge stated in his closing speech, the Games in Vancouver provided 16 unforgettable days with many strong emotions. There were incredible performances, unimaginable mistakes and failures, and tragically the death of ...
At elite levels, such as the National Hockey League (NHL), aggression is considered to be importa... more At elite levels, such as the National Hockey League (NHL), aggression is considered to be important as a successful strategy. Aggressive players are quickly recognized for their style of play by coaches, management, other players, and fans (Cusimano, Chipman, Volpe, & Donnelly, 2009). Coupled with the concept that hockey played in the NHL is a fast, collision sport lends itself to the potential of concussions. The speed, hard ice, boards, sticks, pucks, player collisions, body checks, and illegal on-ice activity contribute to the prevalence of concussion (Collins, Fields, & Comstock, 2008; Goodman & Williamson, 2009). Additionally, the perceptions that concussions are ''a part of the game'' and the ability to return to play quickly as a sign of ''toughness'' is prevalent. However, an attitude that emphasizes tough of players who can ''heroically brush off'' injuries often compel players to neglect their own safety and health for the game (Cusimano et al, 2009). Concussions have become a considerable issue in sports as occurrence rates have increased (Benson, Meeuwisse, Rizos, Kang, & Burke, 2011). There may be a number of reasons for the increase of concussions in sport. For example, a concussion is no longer defined as the player losing consciousness (Ellenbogen, Beger, & Hunt, 2010). However, what were once referred to as "dings," "hits," or many other less significant-sounding names by athletes are now clearly defined as concussions (Ellenbogen et al., 2010). Yet, many athletes do not recognize their symptoms as being the result of a concussion, nor do they believe that sustaining a concussion is a potentially grave problem (Kaut, DePompei, Kerr, & Congeni, 2003; Rutherford, Stephens, Potter, & Fernie, 2005). Such perceptions may change dramatically in the near future as two major lawsuits have been filed against the NHL by former players. In both lawsuits, the players assert that the NHL was negligent in informing them of the high rate of injuries resulting from playing professional hockey, especially the increased risk of brain damage due to concussive and sub-concussive brain trauma. The first section will analyze the litigation against NHL brought by parents of a former player who is deceased. The second section discuss on the need for a paradigm shift of the culture of sport to make hockey safer from the fans as well as the NHL. The third section will focus on the application of risk management in regards to minimized violent behavior in hockey. The last section will address issues of monitoring youth hockey for concussions.
Leaders in the collegiate sports world are facing a number of challenging issues arising from the... more Leaders in the collegiate sports world are facing a number of challenging issues arising from the proliferation of, and easy access to, the new phenomenon of social media. Well-publicized recent examples, including the case of Marvin Austin at the University of North Carolina, have dramatized the potential ramifications that come from uses and misuses of these new means of communication. One of the interesting and problematic aspects in assessing the impact of social media is the possibility of damage to individual and institutional reputations. Though it is certainly true that reputation does have important, measurable legal and economic dimensions, it is also obvious that it is not a purely legal or economic concept. This paper examines recent risk management research and suggests a pathway to a new approach to thinking about the legal context of risks arising from uses and misuses of social media.
Ian Thorpe is one of the greatest swimmers of all-time. He has won more international championshi... more Ian Thorpe is one of the greatest swimmers of all-time. He has won more international championship medals than any other Australian swimmer in history, including five gold medals in two Olympic Games. Thorpe has also been one of the leading opponents of doping. But, that ...
... Nick Potter, ATC, is a certified athletic trainer for the Kansas City Chiefs. ... gaining acc... more ... Nick Potter, ATC, is a certified athletic trainer for the Kansas City Chiefs. ... gaining accurate accounts of the total number of concussions incurred by athletes every year is difficult due to a dearth of effective reporting (University of Pittsburgh Medical Center, 2008, Meehan & Bachur ...
... For example, in a statistics course: 'When given two events, you wil... more ... For example, in a statistics course: 'When given two events, you will be able to ... the recipient of the Alumni of Notable Achievement Award, University of Minnesota College of Liberal Arts. ... SERVQUAL: a multiple-item scale for measuring consumer perceptions of service quality. ...
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