Remediating Discrimination Against African American Females at the Intersection of Title IX and Title VI

In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles. In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees\u27s argument that Brown v. Board of Education and anti-discrimination laws based on the single-axis of race are more responsible for the gains of African American female athletes in intercollegiate athletics. Finally, in Part III, I offer a policy solution invoking both gender- and race-based anti-discrimination laws. Accordingly, I advocate for the promulgation of regulations or a policy statement pursuant to Title VI and Title IX to specifically address the unremedied racial discrimination against African American female athletes under Title IX and the unmitigated gender discrimination under Title VI

Grooming Crossovers

This article is about the influence of African-American athletes on sports and sports law in the United States. It begins with an examination of the crossover Black athlete, one who is able to transcend color in popular consciousness and appeal to appeal to a racially diverse audience. This article studies African-American athletes from the 1950s to the present, and explores two distinct crossover models: the Jackie Robinson Model and the Orenthal James (O.J.) Simpson Model. The article argues that the initial wave of African-American athletes were groomed to integrate predominantly White educational and sports institutions. The article further maintains that African-American had a profound impact on sports and the development of legal rules applicable to sports, particularly those relating to issues of free agency and academic eligibility

Did the Fifteenth Amendment Apply in Bush v. Gore

The story comes to mind now because the Supreme Court rendered its decision in Bush v. Gore1 without any reference to the Fifteenth Amendment in the opinion or any mention of it by any Justice or lawyer in the oral argument. The Amendment provides that The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. If I had been a Justice I would have asked the lawyers whether the Fifteenth Amendment was at all relevant to the outcome of the case. That question occurred to me almost as soon as the details about the transgressions in Florida occurred. As legal positions of the campaigns appeared in the media, I walked the halls of my school and told everyone willing to listen, Why aren\u27t they asking about the Fifteenth Amendment? Justice Thurgood Marshall would have asked questions about it. So would W.E.B. DuBois, Frederick Douglas, Sojourner Truth, and Booker T. Washington

Decisional Integrity and the Business Judgment Rule

Shareholders associate together to own a business enterprise in corporate form. The nature of this association requires that an individual shareholder accept less than exclusive control over the enterprise and live with some form of collective decision making. In fact, corporate law divests shareholders of direct decision-making power and, instead, vests it in a board of directors elected by shareholders. Despite this divestiture, shareholders voluntarily step into these associations in the hope of obtaining a share in the enterprise\u27s profits

Intercollegiate Athletics and the Assignment of Legal Rights

This Article arose out of my curiosity about the precise assignment of legal rights6 among colleges and students in the production, sale, and delivery of intercollegiate athletics. What rights might student athletes possess that give rise to legal accountability? Although a system that permits universities, coaches, concessionaires, television networks, and advertisers to reap the wealth sown by student athletes while precluding the latter from contemporaneous enjoyment of pecuniary profit seems patently unfair, my review of the cases uncovered a legal order that does not assign legal rights to student athletes consistent with my view

From Confidential Supervision to Market Discipline: The Role of Disclosure in the Regulation of Commercial Banks

This Article examines traditional regulatory discipline, the development of a legal basis for confidential supervision, the role of the SEC and federal securities laws in the development of a public disclosure system for banks and bank holding companies, and the utilization of public disclosure to achieve market discipline as a major tool in preventing bank failure and maintaining the stability of the banking system. The scope of this Article is limited to the regulation of commercial banks, whether state or federally chartered, by the following federal bank regulatory agencies: the Office of the Comptroller of the Currency (Comptroller), the Federal Deposit Insurance Corporation (FDIC), and the Board of Governors of the Federal Reserve System (Federal Reserve)

Major League Baseball\u27s Monopoly Power and the Negro Leagues

This article argues that the demise of the Negro Leagues was caused by the confluence of several factors. First, the Negro Leagues operated with weak relational contract structures, a condition exacerbated by their over-reliance on star players. Second, and perhaps most important, integration forced the Negro Leagues to compete in a market dominated by the monopoly power of the Major Leagues. By 1922, perhaps earlier, the Major Leagues had acquired a monopoly over the market for White professional baseball players in the United States through its reserve system. Thereafter, the Major Leagues strengthened that monopoly with the development of Branch Rickey’s other great innovation: the development of the minor leagues as the farm system for the Major Leagues. Finally, the owners of the Negro Leagues appear to have accepted the inevitability of extinction. This article first describes the relational contract structures of the Negro Leagues. Second, it examines the possible circumstances under which the Negro Leagues or some remnant could have survived after the integration of the player market. Third, the article describes how the Major Leagues acquired and maintained a monopoly over the market for White professional players through the reserve system, and the subsequent inclusion of Black players. That part further explains how the use of that monopoly power destroyed the Negro Leagues. Finally, the article discusses various legal strategies that the Negro Leagues could have used in trying to survive