Thursday, May 1, 2014

Literature Review Blog #5

(1) Visual



(2) Citation

Moser, Austin, and Miller, John J. "Mismanaging Concussions in Intercollegiate Football." Journal of Physical Education, Recreation & Dance 85.2 (2014): 38-40. Taylor and Francis Online. Web. 28 Apr. 2014. <http://www.tandfonline.com/doi/abs/10.1080/07303084.2014.866831#.U16_z_ldWSo>.
(3) Summary

Another law review of the 2011 court cases, giving risk management tips for issues moving forward as well as a conclusion on what the decision of this case would mean for the future.  It helped lay the foundation for the unionization attempt taking place.

(4) Authors

Austin Moser and John Miller are lawyers that yet again conducted review of an ongoing case to question the facts and analyze the potential outcomes, and the effect it would have on the college athletic community.

(5)  Key Terms

Concussion management
Negligence--Legal definition
Risk Management Tips

(6) Quotes

Four elements of Negligence:  "1.  duty, 2. breach of that duty, 3. proximate cause, 4. damage" (38)

"A duty is a special relationship between two or more parties that may be created by statute, contract or common law." (38)  

"students, coaches, parents, and administrators should all be educated on the symptoms and consequences of concussions and other traumatic brain injuries that intercollegiate athletes may incur in any sport.

(7) Value

The NCAA and member institutions must meet there duty to the student athlete, which will begin to rapidly expand without fast and smart public relations moves that can give athletes rights and preserve the current system to the likeness of the Universities without unions.

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