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J Law Health ; 32(1): 58-88, 2019.
Article in English | MEDLINE | ID: mdl-31087830

ABSTRACT

This Note examines the NCAA's unwillingness to enforce the requirement that all NCAA institutions must implement a concussion management plan; the NCAA's refusal to apply its appropriate enforcement mechanism when member institutions violate their concussion management plans, which are instituted in order to protect student-athletes from concussions; how both of these failures result in more concussions and a higher probability of debilitating long-term effects; and solutions to remedy this grave injustice. Part II describes what a concussion is, the long-term effects of concussions, the NCAA's management of concussions, and lawsuits challenging the NCAA in relation to concussions. Part III analyzes the inefficiencies of the NCAA in its management of concussions, the previous and current lawsuits' failure to stimulate change within the NCAA, and the proposed solutions that will help create a safe environment for student-athletes.


Subject(s)
Athletes/legislation & jurisprudence , Brain Concussion/epidemiology , Brain Concussion/prevention & control , Legislation as Topic , Return to Sport , Students/legislation & jurisprudence , Universities/organization & administration , Athletic Injuries/classification , Athletic Injuries/epidemiology , Athletic Injuries/prevention & control , Brain Concussion/complications , Chronic Traumatic Encephalopathy/etiology , Cross-Sectional Studies , Humans , Risk Factors , Risk Management/organization & administration , Strategic Planning , United States
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