What is your opinion on Title IX?
"No Person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
I think the idea behind the creation of Title IX has a very good purpose. There is no doubt that there should be equal opportunity for both sexes when it comes to participation in sports. If a boy, or a girl attends a college and wants to play a particular sport they should have just as much of a chance as anybody else. The problem I believe with the way they are going about creating these equal opportunities is they are taking away some of the male opportunities to accommodate the females. I understand why this is happening, because there is needed room in the budget, but I believe there could be a different way of going about it.
The male sports that are highly watched by the general population should have no chance of being taken away from schools. I know that it may seem unfair, but I honestly believe that the general population would rather watch a male baseball game than a girl's softball game. Likewise for all the other sports just because I think males are naturally more gifted to be able to play sports. Not that women are not good at sports, but if the best male and the best female go against each other at their respected sport, I believe the male is always going to have the edge. It is this reason that I think male sports are going to be watched more frequently than womens because people want to watch the best of the best. This can be seen in how many people watch the NBA and the WNBA.
I don't really know the best way to go about solving this problem, but I think a better way to go about it might be to open up more opportunities for club sports rather than creating sports through the schools budget. If these sports created for women are ultimately going to lose money for the school than maybe it would be a better idea to offer them through a club system. Same with the sports for males that aren't one of the big three (football, baseball, or basketball). These sports are what people want to watch and they want to watch the best play it so these are the sports and players that should represent the school. Maybe the rest of the sports should still have competition and compete against other people, but not by taking such a hit to the school's budget.
http://sports.espn.go.com/oly/news/story?id=6167220
In this article, Iran is objecting to the logo for the 2012 London Olympics. They are claiming that the logo spells out the word "Zion" which is a biblical term that represents the city of Jerusalem. Iran is threatening to boycott the Games all together if the logo is not changed. The Olympic Committee is challenging the idea saying that logo only was meant to represent 2012, the year the Olympics are to take place. Basically, Muslim states believe this to be a racist logo and are threatening not to show up to the Games if the logo is not changed.
Monday, February 28, 2011
Friday, February 18, 2011
Blog Question #4
Beyond fiduciary duty, discuss the two primary duties that an agent has to his or her clients.
Duty of Loyalty:
The agent's primary duty is the duty of loyalty. This means that the agent must act solely and completely for the benefit of the principal. If an agent's interests become adverse to those of the principal, the agent must put the principal's interest first. This also means that the agent can't use their status as the principal's agent to enter them into agreements without telling the principal of the agreement first. Any information the agent gains about the principal while acting within the scope of employment can not be used for the agent's benefit with out first getting the principal to agree even after termination of the agency relationship.
Duty of Obedience:
The agent is under the duty of obedience to follow all reasonable instructions given by the principal. This means even if the principal gives instruction to the agent to do something that might harm only the principal's interest, the duty of obedience requires the agent to perform the task as ordered. The agent should inform the principal that the desired actions could be harmful, but will have to proceed with the actions anyway if the principal still wants to go with it. This can be potentially problematic for the agent as to some principals have short memories and may later blame the agent for the harmful actions so it is important to keep documentation of the principals communicated requests.
http://sports.espn.go.com/nfl/news/story?id=5920416
In this article, the head of the NFL players union held a conference to discuss the possibility of changing the certification process to become an agent as well as how agents are disciplined for violating rules. The meeting was held soon after a couple of agents had violated the NCAA rules for agent to player contact. These potential changes could effect the duties that an agent has to their principal and should be watched closely so that they can fall within the legal guidelines of agent to principal contact.
Duty of Loyalty:
The agent's primary duty is the duty of loyalty. This means that the agent must act solely and completely for the benefit of the principal. If an agent's interests become adverse to those of the principal, the agent must put the principal's interest first. This also means that the agent can't use their status as the principal's agent to enter them into agreements without telling the principal of the agreement first. Any information the agent gains about the principal while acting within the scope of employment can not be used for the agent's benefit with out first getting the principal to agree even after termination of the agency relationship.
Duty of Obedience:
The agent is under the duty of obedience to follow all reasonable instructions given by the principal. This means even if the principal gives instruction to the agent to do something that might harm only the principal's interest, the duty of obedience requires the agent to perform the task as ordered. The agent should inform the principal that the desired actions could be harmful, but will have to proceed with the actions anyway if the principal still wants to go with it. This can be potentially problematic for the agent as to some principals have short memories and may later blame the agent for the harmful actions so it is important to keep documentation of the principals communicated requests.
http://sports.espn.go.com/nfl/news/story?id=5920416
In this article, the head of the NFL players union held a conference to discuss the possibility of changing the certification process to become an agent as well as how agents are disciplined for violating rules. The meeting was held soon after a couple of agents had violated the NCAA rules for agent to player contact. These potential changes could effect the duties that an agent has to their principal and should be watched closely so that they can fall within the legal guidelines of agent to principal contact.
Thursday, February 3, 2011
Blog Question #3
Please explain the concept of authority in agency law.
Agents are only allowed certain authorities when entering into a contractual agreement with their clients. This means that the agreement may only allow the agent to do certain things for his clients on his own that the client would then be forced into. If the agent does not have the authority to act on behalf of the client or exceeds the authority that he/she was given by the client, the client will not be bind to the actions done by the agent.
Please include in your discussion each distinct type of authority.
An agent acts with actual authority when the agent reasonably believes that his actions are within the scope of authority given to him/her by the client.
Authority given can even either be expressed or implied:
Expressed authority is any written or oral communication that grants the agent authority to perform an act.
Implied authority refers to incidental acts that the agent performs that are reasonably necessary to accomplish the agents express responsibilities as provided in the agency agreement.
In situations where it is unclear whether or not the agent has actual authority, the agent may have what is termed apparent authority.
Overall, when an agent acts without authority and apparent authority does not apply either, then the client is generally not legally bound by the agent's actions. If however, the client affirms the acts performed by the agent even though he/she did not have the authority to do in the first place, then those acts can be legally binding under the term known as ratification.
http://sports.espn.go.com/ncf/news/story?id=6046507
In this article, Cam Newton decides to hire an agent for the upcoming NFL draft named Bus Cook. Newton decided to skip his senior season and enter the draft as a junior and needed proper representation to handle all the new deals and challenges that will be headed his way.
Agents are only allowed certain authorities when entering into a contractual agreement with their clients. This means that the agreement may only allow the agent to do certain things for his clients on his own that the client would then be forced into. If the agent does not have the authority to act on behalf of the client or exceeds the authority that he/she was given by the client, the client will not be bind to the actions done by the agent.
Please include in your discussion each distinct type of authority.
An agent acts with actual authority when the agent reasonably believes that his actions are within the scope of authority given to him/her by the client.
Authority given can even either be expressed or implied:
Expressed authority is any written or oral communication that grants the agent authority to perform an act.
Implied authority refers to incidental acts that the agent performs that are reasonably necessary to accomplish the agents express responsibilities as provided in the agency agreement.
In situations where it is unclear whether or not the agent has actual authority, the agent may have what is termed apparent authority.
Overall, when an agent acts without authority and apparent authority does not apply either, then the client is generally not legally bound by the agent's actions. If however, the client affirms the acts performed by the agent even though he/she did not have the authority to do in the first place, then those acts can be legally binding under the term known as ratification.
http://sports.espn.go.com/ncf/news/story?id=6046507
In this article, Cam Newton decides to hire an agent for the upcoming NFL draft named Bus Cook. Newton decided to skip his senior season and enter the draft as a junior and needed proper representation to handle all the new deals and challenges that will be headed his way.
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