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State Created Danger and Chronic Traumatic Encephalopathy in Texas Schools: A Legal Examination

The recent breakthroughs in the research of brain trauma as it relates to athletics has revealed never before seen damage linked with football participation. Known as chronic traumatic encephalopathy (CTE), it is caused by activities inherent to the sport of football. School sponsored football has been granted immunity through case law and legislation in Texas. Recent research however indicates a different type of injury than those that school districts have been protected of liability from. This will provide a challenge to the immunity school districts have enjoyed regarding football. One route to abrogation of immunity is the state created danger provision established by the Supreme Court. The Fifth Circuit Court whose jurisdiction includes Texas has yet to officially adopt the state created danger theory. This research examined legal precedent to determine the challenge CTE may present the various layers of immunity surrounding school sponsored football in Texas.

Identiferoai:union.ndltd.org:unt.edu/info:ark/67531/metadc1157591
Date05 1900
CreatorsSwitzer, Aaron Gray
ContributorsGeorge, R. Jefferson, Camp, Bill, Brooks, John, Otto, Douglas
PublisherUniversity of North Texas
Source SetsUniversity of North Texas
LanguageEnglish
Detected LanguageEnglish
TypeThesis or Dissertation
Formatvi, 115 pages, Text
CoverageUnited States - Texas
RightsPublic, Switzer, Aaron Gray, Copyright, Copyright is held by the author, unless otherwise noted. All rights Reserved.

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