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Separating from the school: An analy...

Washington, Ernest L.

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Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments./
Author:	Washington, Ernest L.
Description:	79 p.
Notes:	Source: Masters Abstracts International, Volume: 52-02.
Contained By:	Masters Abstracts International52-02(E).
Subject:	Business Administration, Sports Management. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1544702
ISBN:	9781303358043

Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments.
Washington, Ernest L.

Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments. - 79 p.

Source: Masters Abstracts International, Volume: 52-02.

Thesis (M.A.)--The University of North Carolina at Chapel Hill, 2013.

In an era of collegiate athletics where there is a constant push for bigger stadiums and nicer facilities but yet increased scrutiny from a financial and legal standpoint, having a solid athletics department is extremely crucial. From a legal standpoint, most athletic departments are a separate legal entity from the school, while other athletics departments such as The University of Michigan and The University of Notre Dame are not. Are most athletics departments better off as a separate legal entity from the school or are The University of Michigan and other schools---who are not separate entities---better off legally?

ISBN: 9781303358043Subjects--Topical Terms:

1669318
Business Administration, Sports Management.

Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments.
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245 1 0 $a Separating from the school: An analytical and empirical study of the legal entity structures of football bowl subdivision athletic departments.
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500 $a Source: Masters Abstracts International, Volume: 52-02.
500 $a Adviser: Barbara Osborne.
502 $a Thesis (M.A.)--The University of North Carolina at Chapel Hill, 2013.
520 $a In an era of collegiate athletics where there is a constant push for bigger stadiums and nicer facilities but yet increased scrutiny from a financial and legal standpoint, having a solid athletics department is extremely crucial. From a legal standpoint, most athletic departments are a separate legal entity from the school, while other athletics departments such as The University of Michigan and The University of Notre Dame are not. Are most athletics departments better off as a separate legal entity from the school or are The University of Michigan and other schools---who are not separate entities---better off legally?
520 $a Several legal factors are explored in making this determination. While the Eleventh Amendment bars suits against state-funded universities arising out of athletics programs, what about athletics departments that are separate legal entities? Does the Arm of the State Doctrine---which provides sovereign immunity to entities created by state governments that operate as alter egos or instrumentalities of the states---afford these separate legal entities the same protection? In terms of Respondeat Superior, are there issues with athletics departments that are separate legal entities? How much to the bylaws of the school play a role in this determination? In terms of the income tax structure and revenue generation, are there overwhelming benefits to athletics departments that are separate legal entities that would offset any other potential liabilities that might occur as a result of an athletics department being a separate legal entity?
520 $a The goal of this research was to determine whether or not an athletics department is better off as a separate legal entity from the school. There might be one concrete answer that can apply to all athletics departments; there might be one answer for private schools and one answer for private schools; or the answer might completely depend on factors unique to each specific school. With so much money at stake with college athletics and the increased public scrutiny if athletics departments find themselves in legal issues, the way an athletics department is structured possesses the ability to significantly impact how it operates and how much profit it can obtain.
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