The sain case Essay Example For Students

The sain case Essay SAIN V. CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT: PROVIDING SPECIAL PROTECTION FOR STUDENT-ATHLETES?The scholarly article I chose was of great interest to me for several reasons. The case is an educational malpractice case in which a student-athlete said he was provided false information by his high school consolor and lost his basketball scholarship as a result. I was a student athlete in high school and sports are still a big part of my life. On top of that I am considering teaching and coaching after I graduate, making this a very relevant topic to me. In the next several paragraphs I am going to summarize the article and cases that it mentions, then I will try and decide what the authors intent was with writing this piece. We will write a custom essay on The sain case specifically for you for only $16.38 $13.9/page Order now It has been said for years that any case of educational malpractice was doomed from the start. Because of this, it was a huge surprise when the Iowa Supreme Court denied the defendant, Cedar Rapids Community School Districts motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable, the student-athlete. Bruce Sain who was the plaintiff in the case attended Jefferson High School, which was in the defendants school district. He played basketball for the school and was very good at it, so good that he planned on getting a scholarship to finance his college education. In order to be eligible to play sports in college you must meet certain course requirements be the NCAA, which Sain was working on doing. In his senior year he still needed three English credits to satisfy the NCAA requirements and since he went to a school that brock their year down into trimesters, he thought this would be no problem. He completed his first English course and enrolled into his second, but for some reason or another he disliked the class, so he went to his school counselor to see what he could do. The counselor told him to enroll into a class called technical Communications, which the counselor assured him would be approved by the NCAA clearinghouse. But the school did not include that particular course on the list of classes that was sent to the clearinghouse. The next and final trimester Sain completed his third English credit and accepted a five year scholarship to Northern Illinois University. Soon after graduation the NCAA informed Sain that his Technical Communications course was not approved by the clearinghouse. As a result Sain lost his scholarship to Northern Illinois University and was unable to attend college or play Division I basketball for the 1996-1997 school year. Sain went on to sue the school district for negligently failing to submit the course to the NCAA clearinghouse and for negligent misrepresentation. The district court dismissed both cases, but the Iowa Supreme court dismissed the negligence case, but reversed summary judgement on the negligent misrepresentation claim. There have been many cases in the past that are almost identical to this one. Such as Brown v. Compton Unified School District, Jones v. Williams and Ross v. Crighton University. All which had a different outcome than Sain. Educational malpractice cases have been repeatedly rejected by American courts. Most of them because they would claim a school did not give them a proper education or they would dispute a teaching methodology. The United States constitution does not have any clause in it that states you must receive an education and does not state that an education is one of your basic rights. Classroom methodologies vary so widely that there is no way to tell what works and what doesnt. Making these cases easy to rule upon, but with Sain it is different. The article goes on to describe how student-athletes are a different type of person. In most cases the student is dependent solely upon the school, but with student athletes it is a give and take relationship with the school bein g the dominant party. The athlete generates huge amounts of profit for the school by playing for them and in return the school is supposed to give them an education. But so far student athletes have been unable to get away from being forced to choose between sports and school from there academic institutions. Now student athletes could argue that the perpetual denial of there cases is in direct violation of there right to due process, but student athletes are too few in numbers and dont have the political backing as other organizations. .u6a9529dd4a63706c2ace3ae70d583b24 , .u6a9529dd4a63706c2ace3ae70d583b24 .postImageUrl , .u6a9529dd4a63706c2ace3ae70d583b24 .centered-text-area { min-height: 80px; position: relative; } .u6a9529dd4a63706c2ace3ae70d583b24 , .u6a9529dd4a63706c2ace3ae70d583b24:hover , .u6a9529dd4a63706c2ace3ae70d583b24:visited , .u6a9529dd4a63706c2ace3ae70d583b24:active { border:0!important; } .u6a9529dd4a63706c2ace3ae70d583b24 .clearfix:after { content: ""; display: table; clear: both; } .u6a9529dd4a63706c2ace3ae70d583b24 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u6a9529dd4a63706c2ace3ae70d583b24:active , .u6a9529dd4a63706c2ace3ae70d583b24:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6a9529dd4a63706c2ace3ae70d583b24 .centered-text-area { width: 100%; position: relative ; } .u6a9529dd4a63706c2ace3ae70d583b24 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6a9529dd4a63706c2ace3ae70d583b24 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6a9529dd4a63706c2ace3ae70d583b24 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u6a9529dd4a63706c2ace3ae70d583b24:hover .ctaButton { background-color: #34495E!important; } .u6a9529dd4a63706c2ace3ae70d583b24 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6a9529dd4a63706c2ace3ae70d583b24 .u6a9529dd4a63706c2ace3ae70d583b24-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6a9529dd4a63706c2ace3ae70d583b24:after { content: ""; display: block; clear: both; } READ: Tennyson and optimism and despair EssayThe only attempt Congress has made at protecting student athletes is Title IX of the Educational Amendments of 1972, but these are way too vague to make a ruling on student athletes who are denied equal access to educational opportunities. Although it would be very hard for courts to set a standard for negligence for many reasons. One, the it was be almost impossible to do due to the vagueness of Title IX, second, courts would need an overwhelming reason to intervene and third, the courts would be reluctant to recognize a special relationship between a student athlete and an educational institute. It is hard to tell how Sain v. Cedar Rapids Community School District will affect the relationship between student athletes and educators, but it will definitely change educational malpractice history. The Sain court went out of its way to show how the school district could be liable for their misrepresentation. But it is hard to tell exactly where this might go. I thought this was a very good and informative article. The author did make it clear what his opinion on the matter was though. The author definitely believed that student-athletes needed special provisions to help them from getting abused by their athletic instructors. I on the other hand do not necessarily think they need special provisions made for them to be able to sue for negligence, but I do think that some laws should be passed to they arent abused the way that they have been for years now. All in all, I think this was a very good and informative. I had no clue that educational malpractice was thrown out of court in every case before Sain. I do think that the author could have gone into more detail about how the courts are thinking about dealing with this new case and even how they dealt with previous cases. All he ever did was repeat over and over how the court system repeatedly dismissed cases that had to do with educational malpractice. Yes I do believe that this case will change the way these student athlete cases are looked at. This is the first time in centuries that a courts has even considered an educational malpractice case. Who knows where all this is going to go, but I do know that, just as the author stated, this is going to change the way things are done in the arena of educational malpractice. For years courts will look at the results of this case to determine how they will rule on future cases. This one case could change everything we have ever known about the way educational malpractice is handled

Tobacco Advertising And Its Dangerous Effects On Young People. Essays

Tobacco Advertising And Its Dangerous Effects On Young People. Essays Tobacco Advertising and its dangerous effects on young people. Tobacco Advertising Makes Young People Their Chief Target Everyday 3,000 children start smoking, most them between the ages of 10 and 18. These kids account for 90 percent of all new smokers. In fact, 90 percent of all adult smokers said that they first lit up as teenagers (Roberts). These statistics clearly show that young people are the prime target in the tobacco wars. The cigarette manufacturers may deny it, but advertising and promotion play a vital part in making these facts a reality (Roberts). The kings of these media ploys are Marlboro and Camel. Marlboro uses a fictional western character called The Marlboro Man, while Camel uses Joe Camel, a high-rolling, swinging cartoon character. Joe Camel, the "smooth character" from R.J. Reynolds, who is shown as a dromedary with complete style has been attacked by many Tobacco-Free Kids organizations as a major influence on the children of America. Dr. Lonnie Bristow, AMA (American Medical Association) spokesman, remarks that "to kids, cute cartoon characters mean that the product is harmless, but cigarettes are not harmless. They have to know that their ads are influencing the youth under 18 to begin smoking"(Breo). Researchers at the Medical College of Georgia report that almost as many 6-year olds recognize Joe Camel as know Mickey Mouse (Breo). That is very shocking information for any parent to hear. The industry denies that these symbols target people under 21 and claim that their advertising goal is simply to promote brand switching and loyalty. Many people disagree with this statement such as Illinois Rep. Richard Durbin who states " If we can reduce the number of young smokers, the tobacco companies will be in trouble and they know it "(Roberts). So what do the tobacco companies do to keep their industry alive and well? Seemingly, they go toward a market that is not fully aware of the harm that cigarettes are capable of. U.S. News recently featured a discussion of the smoking issue with 20 teenagers from suburban Baltimore. The group consisted of ten boys and ten girls between the ages of 15 and 17. When asked why they started smoking, they gave two contradictory reasons: They wanted to be a part of a peer group. They also wanted to reach out and rebel at the same time. " When you party, 75 to 90 percent of the kids are smoking. It makes you feel like you belong," says Devon Harris, a senior at Woodlawn High. Teens also think of smoking as a sign of independence. The more authority figures tell them not to smoke, the more likely they are to pick up the habit (Roberts). The surprising thing is that these kids know that they are being influenced by cigarette advertising. If these kids know that this advertising is manipulating them, why do they still keep smoking? The ads are everywhere, especially in teen-oriented magazines, such as Rolling Stone and Spin. The ads also fuel some of the reasons the children gave for starting. They represent rebellion, independence, acceptance and happiness. These are all the things a young person, between childhood and adolescence, needs and desires. This type of advertising, on top of peer pressure, is the mystery behind the rise in adolescent smoking. How do we stop the future of America from smoking? Here are three things that the experts recommend. Try to convince your children that smoking is not cool. Talk to your kids at a young age about the dangers of smoking. Identify family members who smoke and ask them to stop (Thomas). Children are the most valuable commodity we are given in life. Let's try to educate them while they're young to be independent thinkers and to not be swayed by the tobacco companies who are trying to take advantage of their mind and body. "Bill Clinton vs. Joe Camel." U.S. News Online. 27 Oct. 1996. "Selling Tobacco to Kids." America. 17 Feb. 1996: 3. Infotrac. Online. 27 Oct. 1996. Roberts, Steven. " Teens on tobacco; kids smoke for reasons all their own." U.S. News & World Report. 18 Apr. 1996: 38. Infotrac. Online. 27 Oct. 1996. Thomas, Roger E. "10 steps to keep the children in

Michael Phelps Bong Incident Personal Statement

Michael Phelps Bong Incident - Personal Statement Example This is what I enjoyed the most about David Harsanyi's article - that it offers a broad view on both the Michael Phelps scandal and the contemporary repression of Cannabis. In my reply to the article, I aimed to express my opinion concerning the real issues that oftentimes get concealed behind the shiny, hyped up issues the mass media seem to consistently adopt. I very much agree with the author's overall opinion on the subject matter, so essentially this letter was written as an elaboration of the theme of stupidity: that expressed by Phelps himself, and that which sometimes looks inextricable in our modern society. After reading on "Michael Phelps' public stoning", I was compelled to express how I wholeheartedly agree with your central point: Phelps is an idiot; but then again, so is the war on cannabis. It's discomforting to realize how in full on XXI century, our society is still so easily deceived into supporting the enforcement of such blatant and outrageous witch hunts. In this day and age we're living, one might have supposed that the news a 14-times gold medalist is also a pot smoker could help people realize how the rumors concerning the dangers of marijuana might have been grossly exaggerated; but no, as it turns out all that conservative people focused on was how Michael Phelps no longer had a place among the pantheon of positive role models their children should strive towards. Just goes to show how our opinions are so heavily influenced, and our perspectives so easily shifted. I think you said it best when you stated how "In reality, the most startling aspect of the Michael Phelps incident is that we produced an Olympic superstar dumb enough to place his gargantuan paws around a bong in full view of dozens of partygoers equipped with cell phone cameras." Granted, most pot smokers understand the aggressive prejudice they're still subject to in our society, and some of them choose to keep their smoking habits in private. But not many of them have such high stakes as Phelps, and still he went ahead and exposed himself like that. He should have known better, and he should have thought before grabbing a bong in a college party (where someone was bound to snap a picture), but then - well, then he got high... and the rest is history. In my opinion, Phelps committed two coarse errors: the first one was getting caught in public with a bong, and the second (possibly worse) was making a public statement telling how much he was sorry for his reckless, juvenile behavior. As you've written in the final portion of your article, most Americans who have smoked marijuana are unlikely to feel regrets about doing so - and Phelps himself, there's a good chance he's actually sorry only of getting caught. His judgment failed, all right: not necessarily by smoking pot, but absolutely by doing so in a scenario that would be likely to bring about repercussions that might compromise his career. All in all, it goes without saying: Michael Phelps is an idiot. But all the while, he's also a prodigious swimmer who has consistently displayed off-the-charts skill and capacity. So what if he smokes pot If nothing else, that just goes to show that pot smokers can become something other than slackers and parasites, as maintained by our dearly uptight cultural stereotypes. Regardless (and as far as I'm aware)- marijuana isn't