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48 U. Mich. J. L. Reform Caveat 1 (2014-2015)

handle is hein.journals/caveat48 and id is 1 raw text is: 






   UNIVERSITY OF MICHIGANJOURNAL of LAW REFORM


                             CAVEAT


FOR   THE   LOVE   OF  THE   GAME: THE CASE FOR STATE BANS
ON   YOUTH TACKLE FOOTBALL

Adam   Bulkley*




                            INTRODUCTION

    This  football  season,  millions   of Americans enjoying their
favorite pastime   might  feel pangs  of a guilty conscience.  Years  of
scientific research into the  long-term  neurological  effects of tackle
football  and  a recent  settlement   between   the  National  Football
League   (NFL)   and  thousands   of retired NFL   players' have  made
football-related  traumatic  brain injuries  (TBI)  a topic of national
conversation.  Current  and  former  NFL   players  and even  President
Obama3 have participated in the conversation, saying that they
would   hesitate to let their sons play the  game  for fear of possible
brain  injury. Because  research  has  uncovered   signs of permanent
brain  damage in players as young as eighteen-years-old, and has
suggested    that  everyday  subconcussive    blows4   during   football

   *   J.D. Candidate, May 2015, University of Michigan Law School.
   1.  Gary Mihoces, NFL Reaches Concussion Settlement, USA TODAY (Aug. 29, 2013, 7:08
PM),   http://www.usatoday.com/story/sports/nfl/2013/08/29/nfl-concussion-settlement-
judge-anita-brody-tony-dorsett-jim-mcmahon-junior-seau/2727483/.
   2.  See, e.g., Brian McIntyre, Tery Bradshaw Wouldn't Let Son Play Football Now, NFL.COM,
 (Jun.            14,            2012,             12:40            PM),
 http://www.nfl.com/news/story/09000d5d829d33b9/article/terry-bradshaw-wouldnt-let-
 son-play-football-now; Gary Myers, NY Jets Linebacker Bart Scott Does Not Want Son to Play
 Football as NFL Continues to Battle with Concussion Issue, N.Y. DAILY NEWs (May 26, 2012, 2:13
 PM),   http://www.nydailynews.com/sports/football/jets/ny-jets-linebacker-bart-scott-son-
 play-football-nfl-continues-battle-concussion-issue-article-1. 1085074.
   3.  Franklin Foer & Chris Hughes, Barack Obama Is Not Pleased: The President on his
Enemies, the Media, and the Future of Football, NEW REPUBLIC (Jan. 27, 2013),
http://www.newrepublic.com/article/ 112190/obama-interview-2013-sit-down-president.
   4.  Subconcussive blows are those that do not produce clinically-observable signs of
concussion, but nonetheless result in neurocognitive and neurophysiological
impairments. See Thomas M. Talavage et al., Functionally-Detected Impairment in High School
Football Players without Clinically-Diagnosed Concussion, 31J. NEUROTRAUMA 327, 328 (2014).


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