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Midterm Exam

In short essay format, answer four of the following questions.  For each answer, support your position with at least two peer-reviewed sources not used in class.

1. Why is it important to understand what sport organizations could be deemed state actors?

2. The Fourth Amendment protects against “unreasonable” searches. Define and give an example of a “search.”  Describe/explain the analysis used to determine a “reasonable search.”

3. What does it mean to enforce a rule or policy in an arbitrary and capricious manner?  Give a specific sport- or recreation-related example.

4. Explain the four elements needed before establishing a claim under Section 504 of the Rehabilitation Act.

5. Describe how the courts determine reasonable accommodations under either the ADA or Rehabilitation Act.

6. Present situations that show how a coach can and cannot be involved in prayer before a sporting contest.

7. Evaluate the athletics program at Liberty University or another school and explain, in detail, how you think the program is, or is not, complying with the requirements of Title IX.

8. Is the ADEA a likely avenue of relief for professional athletes who are banned from participating in their sport because of their age?  Give specific reasons and examples to support your position.

9. Explain the differences between copyrights, patents, and trademarks.

10. Historically, the right of publicity only covered the use of a person’s “name or likeness.” However, the courts have now expanded the right to include other areas.  Discuss this trend in the context of your own sport and the possible implications.

11. Why is it important to distinguish between an employee and an independent contractor? And what process is used to make that distinction?

12. Compare & contrast the common procedures of negotiation, mediation, and arbitration.

13. Identify a recently tried sport or recreation case.  Identify both the positive and negative arguments for using ADR vs. adjudication procedures to resolve the dispute.

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