The BYU Education and Law Journal has published “Between a Tomahawk and a Hard Place: Indian mascots and the NCAA” by Stephanie Jade Bollinger.

An excerpt::

Thus, a reviewing court should find that agreements between Native American tribes and Universities granting approval for the use of Indian names as mascots should be void as against public policy. If the approval is found to be void, the NCAA would have a harder time basing approval as the primary factor for exemptions from its own mascot policy at championship games. Without the mascot exemption, more universities may decide to eliminate their use of Indian mascots and, in doing so, discontinue the harmful effects from their use of Indian mascots.

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An excerpt:

By Kristen Carpenter and Carla Fredericks

The Denver Post recently weighed in on the controversy surrounding the National Football League’s team in Washington, D.C. The Post wrote, “Although the Redskins name ought to be retired, it shouldn’t occur at the expense of the First Amendment.”

We believe the case was decided properly, in our view, as a matter of federal trademark law and does not impact free speech.

The federal court in Blackhorse vs. Pro-Football, Inc., canceled six trademarks registered to the Pro-Football corporation. The federal Lanham Act prohibits registration of marks that “may disparage … persons living or dead.”

The court held the team’s marks, including the word “r–skin” and related images, refer in a vulgar and offensive way to American Indians, thereby violating the act.

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