The enforcement of trademark rights is a crucial practice for sport organizations’ brand management ( George, 2005 ; Le Péru, 2004 ; Ohm, 2013 ). Pursuant to the Lanham Act, 15 U.S.C. § 1151 et seq., which set federal trademark law, the owner of a legally protected mark may bring legal claim
Sungho Cho, J. Lucy Lee, June Won and Jong Kwan (Jake) Lee
Hannah R. Thompson, Bhaani K. Singh, Annie Reed, Robert García, Monica Lounsbery, Benjamin D. Winig and Kristine A. Madsen
2016, 19 states (38%) had education laws mandating a minimum number of PE minutes students should receive. 15 For example, in California, the state with the largest number of public school students, the mandate for elementary students is 200 minutes of PE every 10 days (the equivalent of an average of
The psychological and social sciences search for laws of human behavior. Traditionally, this search has been seen as an empirical or methodological issue. But the philosophers Donald Davidson and John Searle have each argued that such laws are conceptually impossible. If their views are sound, the search for social or psychological laws is not merely very difficult, it is futile. Their cases against such laws are outlined; however, neither Davidson nor Searle has supported the radical version of his conclusion—that psychological and social sciences cannot be sciences. Some concluding comments on the nature of modem philosophy and philosophical debate are provided.
Mark L. Latash
Living systems may be defined as systems able to organize new, biology-specific, laws of physics and modify their parameters for specific tasks. Examples include the force-length muscle dependence mediated by the stretch reflex, and the control of movements with modification of the spatial referent coordinates for salient performance variables. Low-dimensional sets of referent coordinates at a task level are transformed to higher-dimensional sets at lower hierarchical levels in a way that ensures stability of performance. Stability of actions can be controlled independently of the actions (e.g., anticipatory synergy adjustments). Unintentional actions reflect relaxation processes leading to drifts of corresponding referent coordinates in the absence of changes in external load. Implications of this general framework for movement disorders, motor development, motor skill acquisition, and even philosophy are discussed.
Kelly J. Cole
In the target article Mark Latash has argued that there is but a single bona-fide theory for hand motor control (referent configuration theory). If this is true, and research is often phenomenological, then we must admit that the science of hand motor control is immature. While describing observations under varying conditions is a crucial (but early) stage of the science of any field, it is also true that the key to maturing any science is to vigorously subject extant theories and budding laws to critical experimentation. If competing theories are absent at the present time is it time for scientists to focus their efforts on maturing the science of hand motor control through critical testing of this long-standing theory (and related collections of knowledge such as the uncontrolled manifold)?
Susan C. Brown
The value of a liability waiver in a court of law is commonly questioned. This manuscript examines case law and how the courts have dealt with injury suits when a liability waiver or similar form is involved. This examination is followed by a brief summary of the findings that discusses the commonalities among valid waivers. Also included is a brief overview of ’ the terms waiver, disclaimer, release, exculpatory agreement, assumption of risk, and agreement to participate, which are often used interchangeably and sometimes incorrectly.
Anastasios Kaburakis, Linda A. Sharp and David A. Pierce
Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive analysis, integrating teaching concepts from several areas of the law. Such is the factual scenario of O’Brien v. Ohio State University. This teaching case study offers lessons in Contract Law, NCAA Compliance, and International Arbitration. The complex web of these three intersections of sport law, policy, and management provides students and scholars the opportunity to both delve deeper into concepts and learn crucial details in a broader context. Key facets of each portion instrumentally affected the other portions of the case, triggering chain reactions. Teaching this case contributes to students’ appreciation of these intertwining concepts, and creates overall awareness of potentially far-reaching ramifications for each action.
James P. Strode
Joseph Baker, Jennifer Robertson-Wilson and Whitney Sedgwick
The current study examined whether the distribution of published research papers in the field of sport psychology followed the Lotka-Price Law of scientific productivity. All authors who had published articles in five sport psychology journals from 1970 to 2000 were considered. The impact of those authors was determined by the total number of published papers in all journals. Results provided limited support for the Lotka-Price Law; however, it appeared that the field of sport psychology was less elitist than other fields. Although these findings suggest that productivity in this field is similar to that in other fields of science, more research is needed to shed light on the role of the eminent scientist and the average researcher in the advancement of knowledge in sport psychology.
Ana Henderson and Christine R. Fry
Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made.
In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas.
We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use.
Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.