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6 Berkeley J. Ent. & Sports L. 23 (2017)

handle is hein.journals/bjesl6 and id is 1 raw text is: Student Athlete Concussions: The Often Overlooked Legal and Ethical Minefield By David E. Missirian* Introduction....................................... .......... 23 Legal Liability for Universities: A Changing Dynamic ..... ............24 In Loco Parentis: The early 1900s and how the doctrine initially applied...........................................24 The 1960s: Dissatisfaction with in loco parentis grows....................26 Universities are Educators Not Baby Sitters ...................28 State Sovereign Immunity: Belts and Suspenders ...................34 The Pendulum Begins to Shift.............................35 But, They're Just children. ........................35 Old English Tort Law Rebuilt to Suit a New Age........ ............36 The Restatement of Torts Third to the Rescue? ...... ...........38 University Involvement in their Own Potential Demise .. ................ 39 Today's College Football is not your Grandfather's Football...........39 Football, Soccer, Lacrosse. It's Only a Game, What's the Harm?.......40 The Science, the Myth and the Risk ....................41 Colleges and Universities are Currently Footing the Bill but at What Cost in the Long Run.? ............................................ 44 Hidden Costs: The Elephant in the Room.....................45 Conclusion ...................................... ...........46 INTRODUCTION This article will examine the legal liability of public and private colleges and universities for long and short term injuries (mental and physical) due to concussions sustained by student athletes while participating in university- sanctioned sports. It will review, among other cases, the recent NCAA lawsuit brought by former Eastern Illinois football player Adrian Arrington and its proposed 70 million dollar settlement. The article will also look to the doctrines DOI: https://dx.doi.org/10.15779/Z38XW47V86 * David Missirian is a Senior Lecturer at Bentley University. The author is grateful for the assistance of Katie Dunn. 23

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