scholarly journals A More Just, Inclusive Future for Sports

2021 ◽  
Vol 31 (2) ◽  
pp. 201-211
Author(s):  
Dionne Koller
Keyword(s):  
Title Ix ◽  
50Th Anniversary ◽  
Legal Aspects ◽  
Sports Law ◽  
Women's Sport ◽  
Law And Policy ◽  
New Ideas ◽  
Women And Girls ◽  
The Law ◽  
Women In Sports

This issue of the Journal of Legal Aspects of Sport (JLAS) was dedicated to women in sports law, with a specific emphasis on inclusiveness and new ideas. For decades, the central focus of the law and policy directed to women and sports was Title IX enforcement and securing opportunities for participation. As we approach Title IX’s 50th anniversary, it is clear that the law has greatly expanded participation opportunities for women and powerfully altered the norms around women and sports. Nevertheless, much work remains. Women and girls still do not enjoy the full measure of equality that Title IX guarantees, and women’s sport at all levels still does not get the attention, resources, and respect that it should. The COVID-19 pandemic has only exacerbated this issue.

So, What Is Title IX? Assessing College Athletes Knowledge of the Law

2017 ◽  
Vol 25 (1) ◽  
pp. 30-42 ◽  
Author(s):  
Ellen J. Staurowsky ◽  
Erica J. Zonder ◽  
Brenda A. Riemer
Keyword(s):  
Title Ix ◽  
College Athletes ◽  
Female Athletes ◽  
50Th Anniversary ◽  
The State ◽  
Full Potential ◽  
Federally Funded ◽  
Athletic Departments ◽  
Full Spectrum ◽  
The Law

As Title IX approaches its 50th anniversary, the state of its application to athletic departments within federally funded schools at the secondary and postsecondary levels evokes the expression “the more things change, the more things stay the same.” Title IX has been credited with successfully addressing sexual stereotypes that generally limited opportunities and created barriers for students to realize their full potential as athletes, citizens, parents, scholars, and workers (Buzuvis, 2012). As much as the educational landscape has changed as a result of Title IX, there remains a concern that schools do not have the mechanisms in place to ensure compliance five decades after the law was passed. The purpose of this study was to examine what college athletes know about Title IX and how they come to know it through a survey instrument comprised of five open-ended questions. Consistent with previous studies of coaches, athletics administrators, educators, and athletes, nearly 50% of the college athletes participating in this study did not know what Title IX was. For the remaining 50%, their perceptions of Title IX reveal large gaps in foundational understandings of what Title IX requires and how it works. The words of the respondents offer a window into their understandings and relationship with Title IX which cover a full spectrum from “it opens up the door for everyone” and “gives female athletes the support they need to succeed” to it results in an “illogical” way to achieve fairness.

Title IX at 50: Legitimating state domination of women’s sport

2021 ◽  
pp. 101269022110378
Author(s):  
Kirsten Hextrum ◽  
Simran Sethi
Keyword(s):  
Title Ix ◽  
50Th Anniversary ◽  
State Power ◽  
The State ◽  
Liberal State ◽  
Women's Sport ◽  
Black Feminist ◽  
State Reform ◽  
Women’S Liberation ◽  
State Domination

At Title IX’s 50th anniversary we address the contradictions embedded in liberal state reform. This anniversary provides a juncture to consider the limitations of seeking gender liberation through the state. While US law is often credited with revolutionizing athletic access for girls and women, we trace how the state stymied greater transformation efforts. Using poststructuralist and Black feminist state critiques, we show how Title IX utilized an assimilation approach to equity by inviting state domination into women’s sports. This invitation expanded state power across four domains— definitional, protective, surveillance, and economic—which retained rather than disrupted heteropatriarchal, White, capitalist, dominance. We conclude with suggestions to reignite a movement for women's liberation that reimagines gender-equitable sports beyond the state's control for the forthcoming 50 years.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

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