Hackney Publications Launches Youth Sports & the Law

YSL becomes the 28^th sports law periodical published regularly by Hackney Publications.

Hackney Publications has announced that it has begun publishing Youth Sports & the Law, a quarterly periodical that addresses the legal landscape in the youth sports industry.

The periodical, under the guidance of Editor in Chief Dr. Gil Fried – a long-time sports law professor at the University of West Florida, will be available for free to members of the National Alliance for Youth Sports (NAYS) is a nonprofit 501(c)(3) organization based in West Palm Beach, Florida, that provides a variety of programs and services for those involved in youth sports, including professional and volunteer administrators, volunteer coaches, officials, parents and young athletes.

“Those responsible for leading grassroots youth sports programs and initiatives face increasingly complex challenges related to safety, liability, governance, and quality,” said Lisa Licata, Senior Director, Youth Sports Administrators at NAYS. “To help navigate these issues, NAYS is proud to partner with Hackney Publications to share the valuable content provided in its Youth Sports & the Law newsletter with Certified Youth Sports Administrators (CYSA) nationwide.”

NAYS has a total ecosystem reach of more than four million people across 3,000 organizations.

Dr. Fried added that “we are also talking to other youth organizations, who would benefit from sharing this risk management tool with their memberships. Coaches and administrators, who aren’t receiving this through NAYS, and want to receive it are encouraged to reach out to their associations to secure a partnership with Hackney Publications (HP), which is available at info@hackneypublications.com.”

In the meantime, HP CEO Holt Hackney noted that professionals servicing these communities, like attorneys, who would like to subscribe, should contact the company at the above email for a link to secure a paid subscription.

Thousands of libraries in higher education will have access to this publication through the “Sports Law Bundle” subscription, or library services that offer full-text access like EBSCO and W.S. Hein, among others.

About Hackney Publications

Hackney Publications (www.hackneypublications.com) is the nation’s leading publisher of sports law periodicals. The company was founded by journalist Holt Hackney. Hackney began his career as a sportswriter, before taking on the then-nascent sports business beat at Financial World Magazine in the late 1980s. A few years later, Hackney started writing about the law, managing five legal newsletters for LRP Publications. In 1999, he founded Hackney Publications. Today, Hackney publishes or co-publishes 26 sports law periodicals, including Sports Litigation Alert (www.sportslitigationalert.com), which publishes 24 times a year and features a searchable archive of approximately 6,000 articles and case summaries.

Not surprisingly, the Alert is used in more than 100 sports law classrooms any given semester, preparing students destined for a career in the sports industry, as well as the next generation of sports lawyers.

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Should Colleges Take Stronger Action to Ensure Equity Between Men’s and Women’s Basketball Programs?

By Eleni Mandas

In recent years, women’s sports, particularly women’s college basketball, have experienced a remarkable surge in popularity, drawing immense media attention and a significant rise in viewership. In 2024, Iowa versus Louisiana State University in the Elite Eight of the NCAA Women’s Basketball Tournament became the most-watched women’s college basketball game with 12.3 million viewers on ESPN.

Colleges are producing more household names now than ever, such as Sabrina Ionescu,

Caitlin Clark, Angel Reese, and Paige Bueckers. Select players are getting the long-deserved attention, but women’s basketball, specifically college basketball, is still struggling to receive equal treatment. However, this newfound spotlight has also exposed longstanding funding disparities between men’s and women’s college basketball programs. These disparities have sparked outrage among supporters of women’s sports and have revived calls for change, such as strengthening the enforcement of Title IX to ensure it effectively delivers its promise of equal treatment for both men’s and women’s athletics across all areas.

Title IX was passed as part of the Education Amendments of 1972, reading “no person in the United States shall, on the abscess of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” (Title IX, § 1681). The purpose of Title IX is to forbid sex-based discrimination in any education program that is federally funded. Although Title IX governs all federally funded education programs, it is most thought of in the context of men’s and women’s college athletics.

Title IX has played a significant role in the progress that women’s sports have made throughout history. Data from 2011 shows that 41% of high school athletes were female in comparison to only 7% before Title IX was passed. Female participation increased by 456% from 29,972 female athletes in 1972 to 166,728 in 2008. Nevertheless, the funding disparities between men’s and women’s college basketball have proven that Title IX’s promise of equality is being compromised, and changes must be made in order to ensure equal treatment.

The funding disparities have called for changes and for Title IX’s focus on equal opportunity to be expanded to include an increase in funding for women’s sports. While it requires that opportunities be equal, it does not indicate that funding for both programs must be the same, or even close to balanced. The enhancement of Title IX to include language that requires more equitable funding between women’s and men’s athletic programs will help resolve disparities, further develop women’s sports, while continuing to support men’s programs.

1. ANALYSIS

Throughout history, there have been many examples of funding disparities between men’s and women’s basketball programs. Historically, in most sports, men’s programs have received significantly more funding. The funding gives the men’s programs the ability to have top-tier coaching staff, facilities, media coverage, travel accommodations, and health professionals on staff. Without this funding, teams would lack the resources to develop talent at a high level. Funding plays an important role in appealing to new talent and directly impacts a team’s ability to perform.

In contrast, women’s athletic programs have historically not received the vast funding that men’s programs have received. Focusing solely on men’s programs because they generate the most revenue deprives the women’s programs of seeing the same success. Without this funding, women’s programs are left with inferior resources that greatly deprive them of performing at the highest level and attracting the best talent. Until women’s programs are given adequate funding in comparison to men’s programs, this cycle of inequality will continue.

There are countless examples of colleges and the NCAA neglecting women’s basketball and treating it as secondary to men’s basketball. Men’s basketball is automatically rewarded with most of the funding and receives all the benefits and resources that come with it, while women’s basketball is expected to achieve the same success with less than half the financial support. Colleges have spent millions of dollars more on men’s basketball programs compared to women’s simply because the men’s program brings more revenue.

The NCAA has excluded women from tournaments with financial incentives and from using the same tournament names as men’s basketball. These funding discrepancies ensure that men will succeed and bring revenue to the universities, while at the same time ensuring that women will need to work harder to achieve less success with the limited resources they are given.

2. Examples of Disparities Between Men’s and Women’s Basketball
   3. Georgetown University

Funding and attendance discrepancies are prominent at Georgetown University, a school known for its men’s basketball program. The Hoya reported a disappointing turnout of 1,184 people to watch the women’s basketball team defeat Providence. However, the men’s game that ended in defeat against Providence had a strong 12,400 fan turnout. Georgetown spent $44.8 million on its men’s program, which is a whopping 366% more than the university spent on its women’s team, which only received $12.3 million in 2022-20223.

The money given to the programs is spent on several resources, which include coaching staff and recruiting. The average salary for a Georgetown men’s basketball head coach is $580,565, compared to the average salary for their women’s team’s head coach, which is $153,634. The pay disparity greatly affects the quality of coaching that each team will receive. Additionally, the university also prioritizes its men’s recruiting over their women’s program recruiting. The university spends $997,498 on recruiting for their men’s program, which is six times more than the $153,634 that is spent on recruiting for their women’s program.

In addition to the university’s financial contributions, Georgetown athletics also accepts donor contributions. More than 75% of donor contributions are given to Georgetown’s men’s program. This puts the university’s men’s team at a far greater advantage just by the donations they receive. An article by The Hoya included statements from female athletes at Georgetown who stated that they feel the disparities daily through Georgetown’s culture and differing facilities and resources for men and women. The disparities that are taking place at Georgetown University are just one example of many occurring at colleges across the country.

• 4. University of Oregon women’s basketball Viral Video and basketball program

Athletic funding often goes towards building state-of-the-art facilities for athletes to stay in shape and train in. Unfortunately, funding disparities are also evident in this area. In 2021, Sedona Prince, a University of Oregon women’s basketball team player, posted a video showing the disparity among the weight rooms for the men and women playing at March Madness. The video showed the men’s weight room filled with various machines and a large variety of weights. Prince then shows the women’s weight room, which consisted of one mediocre rack of twelve weights and no other training equipment.

The video was viewed over seven million times and resulted in famous athletes such as Steph Curry and Billie Jean King releasing statements about their outrage at the difference in treatment towards women’s basketball. The NCAA’s disregard for the equality that Title IX seeks to achieve has caused detrimental harm to women’s basketball. Actions like this send the message that the NCAA undermines the value of women’s basketball and hinders the success that it could achieve if it gave them the proper resources. Although Title IX technically does not apply to the NCAA because they do not receive federal funding, the organization still must strive for equal treatment. The weight room discrepancy for the biggest college basketball tournament is an unacceptable inequality that must be changed by the NCAA.

Additionally, the University of Oregon’s basketball program also experiences discrepancies between its men’s and women’s basketball programs. Although the women’s program is responsible for producing notable alumni such as Sabrina Ionescu, it still lacks the funding and support that the school’s men’s team receives. A Sportico article revealed that the university spends significantly more money on men’s basketball meals, travel, and equipment in contrast to their women’s team. These are important resources for teams and should be equally distributed. The viral video made by Prince showed the unequal treatment by the NCAA. Players should not have to face this treatment at their university, too. This video played an important role in propelling the women’s sports movement forward by achieving massive media exposure and coverage.

• 5. Women’s basketball earns eligibility for the unit system and the right to use the “March Madness” name

In 1991, the NCAA implemented a “unit system” for its annual men’s March Madness basketball tournament. The system provides that the NCAA will share its portion of the revenue from the tournament with the conferences based on their performances. The amount that is given is determined by how many games or “units” a team plays from the first four through the final four. In the men’s league, one unit is valued at around $2 million. All the units earned by one conference will be paid for by the NCAA and redistributed to the schools over the course of a few years. The unit system works as a large incentive for the conferences to include as many teams as possible in order to increase their chances of winning. This serves as an important financial incentive for the teams, as well as motivating successful performances on the court.

Although men’s basketball has been participating in the unit system for almost thirty-five years, in 2025 the NCAA finally allowed women’s basketball to also participate in the unit system. The almost forty-year gap of women’s basketball being excluded from the unit system undermines the work that Title IX has achieved in trying to create equal opportunity for both women and men in athletics. Allowing the men to play for a large financial incentive and not the women, far from creating equal opportunities.

While the women’s teams are now included in the system, the numbers are not equal. Each unit in the women’s league is worth around $100,000, a substantially smaller unit price in comparison to the men’s $2 million unit price. The total pool of money available to the men’s league is over $200 million more than the women’s league. Just allowing women to be a part of the unit system does not establish equal treatment. The difference in unit price between the men’s and women’s pools is an excessive disparity that must be solved before the NCAA can declare that both March Madness tournaments are even close to equal.

In addition to women’s basketball being newly admitted to the unit system, up until the 2022 tournament, women’s basketball could not use the name “March Madness” for their tournament. The NCAA chose to market and promote only men’s basketball under March Madness. By doing this, the NCAA helped bring massive media attention and exposure to men’s basketball but neglected to do the same for women’s basketball by not allowing them to use the famous name for their equivalent tournament.

The NCAA’s decision to promote March Madness as a men’s men-only tournament perpetuated the idea that men’s basketball is more important and is more deserving of attention and funds. Women’s basketball has only recently been included in the unit system and cleared to use the name “March Madness,” which shows that the NCAA still has a long way to go before it can claim equal treatment for both its men’s and women’s tournaments.

• 6. Duke University Basketball Program Discrepancies

Duke University is known for its renowned basketball program and its numerous appearances and championships at March Madness. The university has poured a large amount of financial support into its men’s program with a budget of $21.4 million. This funding goes towards resources such as facility updates, coaching salaries, and travel accommodations. The university gives the men’s basketball program two to three new pairs of shoes every two weeks, along with other team apparel. The men’s team also charters planes for essentially every away game they play in. Their locker room is also the most updated in the facility and has additional equipment such as massage chairs.

The university offers preferential treatment towards its men’s basketball program in comparison to its women’s basketball program. Contrary to the men’s program, the women’s program only receives $8.2 million in funding annually from the university. This is a significant difference in funding that ultimately leads to the women’s program not being able to have access to the top-tier resources available to the men’s program. The women’s team is only given one new pair of shoes a month at most, having to play in older and run-down shoes, while the men practically never have to play in run-down shoes. They rarely charter planes for away games; they usually travel by bus due to their inferior funding. Additionally, even though the men’s and women’s locker rooms are in the same facilities, the women’s is not updated and does not include massage chairs or other additional resources.

These unfair distinctions between Duke’s men’s and women’s programs make it apparent that, in the eyes of the university, because the men bring in more revenue, most of the funding and resources should only be available to them. Although the men’s program does contribute more to revenue, their success can partly be attributed to the funding and resources they receive. If the university provided more funding and support for their women’s program, they may also see massive success. If Duke is not willing to provide their women’s program with this, they cannot expect to see the same outcome as their men’s programs.

All of these examples demonstrate that it is imperative that colleges take stronger action to ensure equality is met between men’s and women’s basketball. There are far too many examples of women’s basketball being treated second-class, and the schools must be the leaders to bring about change.

7. Recommendations

The immense funding gap between men’s and women’s collegiate basketball programs is extreme, and many schools don’t even know where to start. However, this problem can be solved with creativity and willingness from schools to invest time and resources to bring women’s basketball up to the same standard that they hold men’s basketball to.

The real change must begin with legislation. The addition of specific language to Title IX could help mandate a more equitable distribution of funds. Additionally, colleges should invest in equal marketing and media coverage for women’s basketball to attract talent, increase exposure, and grow revenue. Requiring schools to submit mandatory reports on how they allocate funding would also create stronger accountability to ensure more equitable practices.

8. Expanding Title IX with Additional Language

Title IX is an extremely important piece of legislation that has required equal opportunity in collegiate athletics for decades. However, with the colossal discrepancies that are still taking place today, it is apparent that Title IX must be amended to address the inequalities it intended to resolve. Title IX’s current language of “No person in the United States shall, on the basis of sex, be excluded” protects equal opportunity to ensure that both men and women have the same opportunities and are not discriminated against on the basis of sex. (Title IX, § 1681). While this language ensures that individuals will not be prohibited from playing sports and receiving scholarships based on sex, the language is not strong enough to ensure that men’s sports and women’s sports are treated equally, or at least comparable.

This new amendment should be titled “Prohibition Against Discriminatory Funding Based on Sex” in order to illustrate a clear message that this section will provide all information regarding restrictions and expectations on funding for men’s and women’s programs. The language in the passage should be as follows:

“Educational institutions that are recipients of federal funds shall not discriminate when disbursing funding among programs on the basis of sex. These institutions shall ensure that funding allocated to women-only programs is comparable to funding allocated to men-only programs, without regard to the revenue generated by either program.

1. Men-only programs shall receive exactly fifty percent of the overall funding
2. Women-only programs shall receive exactly fifty percent of the overall funding
3. Any amenities that are available to men-only programs that are not directly provided to the women-only programs shall be made available to the women-only programs.”

The language in the “Prohibition Against Discriminatory Funding Based on Sex” section is similar in tone to the rest of Title IX but has funding-specific language. Without the addition of a section like this, Title IX is lacking the power to prevent inequitable funding from occurring.

Incorporating this section into Title IX holds colleges accountable for their actions regarding the distribution of funding. Giving schools a percentage to adhere to will facilitate thoughtful decision-making in distributing funds with the intention of giving each program an equal share. Paragraph (c) clearly asserts that all amenities that are provided to men-only teams will also need to be provided to women-only teams. This will help alleviate the discrepancy of only men having top-tier weight rooms, transportation, and team apparel. The language in this section finally compels schools to invest money in their women’s athletic programs. With this newfound financial support, women’s teams will finally have the resources that men have had in order to succeed.

This addition to Title IX is long overdue. What may have sufficed for creating equal opportunities over the last few decades is now not nearly effective enough to prohibit modern-day inequitable funding among men’s and women’s teams. With this amendment, Title IX will have a stronger foundation and include rules that will prevent colleges from widening the gap of funding discrepancies between men’s and women’s athletics.

1. Fair Media Coverage and Marketing for Women’s Collegiate Basketball

Women’s collegiate basketball receives significantly less media coverage and marketing investment compared to men’s collegiate basketball. Media coverage and marketing play a crucial role in driving revenue because the increased visibility can lead to higher fan turnout and more opportunities for donor contributions. Exposure through the media highlights athletic talent at schools while also strengthening program recognition. In 2024, while the men’s March Madness tournament generated $873 million, the women’s tournament brought in just $6.5 million. These numbers clearly demonstrate the result of all the funding and resources being poured into the men’s tournament, while coverage of the women’s tournament is treated almost as an afterthought.

Women’s collegiate basketball is not lacking talent; it is only lacking the exposure and investment. This is an issue that can be resolved by universities and the NCAA prioritizing elite media coverage and marketing deals for women’s basketball, just as they do for men’s basketball. In order to do this, both the universities and the NCAA should implement a strategic initiative with a goal of women’s basketball getting the attention and coverage it deserves.

This initiative should be entitled “Equal Talent, Equal Spotlight” to send a message that women’s basketball is just as worthy as men’s basketball of major media and marketing deals. There should also be a strong mission statement in place explaining to possible donors or those who want to help further the initiative. A possible mission statement could be “Committed to giving women’s basketball the recognition it has always deserved, proving that equal talent should always mean equal spotlight.” This statement sends a clear message that the initiative’s goal is to provide women’s basketball with equal exposure, which will generate more revenue and more funding for women’s basketball programs.

One of the first steps in creating equal media coverage is to schedule women’s basketball games during peak viewing hours. These hours are 7:00-9:00 pm on weeknights. Usually, these slots are given to men’s basketball, but part of the initiative will be striking a deal with men’s programs to earn women’s basketball prime time spots as well. A study by the Women’s Sports Foundation showed that women’s games would see a 50% increase if they were scheduled during peak viewing hours instead of in the early afternoons or other less desirable time slots. It is crucial to have an initiative that fights for these time slots so it can achieve maximum viewership.

On top of better time slots for women’s basketball games, the initiative would also push for women’s basketball to be sold in “highlight” packages that include other player-related content in addition to the actual games. Men’s basketball often gets media attention from documentaries or mini-series following the life of a prominent player or following the team. Women’s basketball is often excluded from the opportunity to share their players’ stories through these platforms, such as ESPN. Getting to know players’ stories will allow fans to become more invested in the teams and tune in regularly for games, driving up viewership.

Women’s collegiate basketball is experiencing a spike in viewership, and colleges should capitalize on this by giving their athletes more visibility. There has never been a better time for schools to invest in women’s basketball, with high returns in sight. Packaging women’s basketball games along with other content like this will appeal to networks and allow for women’s basketball to have more airtime on large networks.

2. Mandatory Equity Reports from Colleges

The most crucial component to ensuring that women’s collegiate basketball receives equal treatment is requiring colleges to submit an annual mandatory equity report. The report should be submitted to the Department of Education at the conclusion of the basketball season. The Department of Education is a neutral agency that does not have an interest in men’s basketball or women’s basketball, its only interest is in making sure that colleges are adhering to the governing rules. The Department will be responsible for ensuring that the schools are complying with all of Title IX’s requirements.

By implementing this requirement, colleges will be held accountable for providing women’s basketball with sufficient funding. The mandatory equity report will serve as a safeguard, showing any funding discrepancies between a college’s men’s and women’s basketball programs. If a college fails to supply its women’s team with comparable funding to its men’s team, the report will expose this problem and allow the colleges to come up with a plan of action to resolve it. The completed reports from all participating colleges will be made available to be searched online, allowing the public to weigh in if schools are not meeting their equity expectations.

The report should include a complete breakdown of how all funding for the college’s basketball program was distributed. The amount of money that was given to the men’s basketball team should not be disproportionately higher than the amount of money given to the women’s basketball team. If a revision similar to Title IX under point A, “Prohibition Against Discriminatory Funding Based on Sex”, is in place then the funding should be distributed equally between both programs. The college should be responsible for providing information on how much was spent on categories such as team apparel, travel accommodations, facilities, marketing and media coverage, recruitment, and coaching staff salaries.

All of the categories included in the report should show that if the colleges are providing certain amenities and services to their men’s basketball team, such as chartering planes or updating the locker rooms, the same must be provided to their women’s team as well. The revenue from the basketball program should be contributing to both basketball teams and allow for equal treatment. Men’s basketball teams have historically spent a sizable amount of funding on recruiting new talent. Bringing new talent into an organization is a vital part of success, so it is imperative that the women’s programs are getting the same financial support to add new talent to their teams. Reporting coaching salaries is necessary to ensure that both teams are receiving quality training from top-tier professionals. Schools should include the salaries of all coaching staff, but particularly their head coach’s salary, as they are a crucial indicator of a team’s success.

Requiring mandatory equity reports is a crucial step in ensuring equal treatment and equal funding in women’s collegiate basketball. This should be put in place to stop colleges from pouring all the money and resources into just their men’s basketball program. Adopting this recommendation would be a responsible choice by colleges and would show the public that they are truly putting effort into maximizing women’s basketball.

3. Equity Training for all Basketball Staff

Equal treatment also begins with how the college’s staff treats its players. In addition to submitting a mandatory equity report, schools should also be required to have all university employees go through an annual equity training program. All employees from the president of a university to the coaching staff should be required to go through this training to ensure that employees who are in charge of distributing the funds for the basketball program and the coaches of the basketball program are aware of what actions are acceptable and what are deemed unfair.

The training should consist of topics that will inform the university staff of the rules and regulations that they must comply with in order for their men’s and women’s basketball programs to be considered equally treated. The first topic should be Title IX, it should go over what Title IX is, its purpose, and most importantly, any amendments that have been made to it. Schools must be up to date with the most recent amendments to ensure they are providing their women’s programs with all the resources possible. Educating the university’s leaders and coaching staff on their legal responsibilities to their basketball program will ensure that rules are followed, and equality becomes their top priority.

Additional topics to be addressed in the training are successful strategies that other colleges have used to enhance their women’s program and an overview of the college’s mandatory equity report from the prior year. By discussing methods other schools have practiced furthering their women’s program, it will help other schools come up with their own strategies or model their strategies after those that were successful. Showing these colleges that it is possible to help grow their women’s programs without hindering their men’s programs is a crucial step in persuading schools to invest more in their women’s basketball teams.

A yearly overview of the prior annual mandatory equity report will allow schools to know where they stand in comparison to other schools. This will motivate schools to do better and benchmark where they are in the process of achieving their goal of equality. The training should also give schools the opportunity to set goals for actions they want to see for the women’s team take place by a certain year. For example, a school could say they want to see the women’s basketball locker room updated by 2027 or a new media coverage deal by 2029. Setting goals like these makes it more likely that schools will put the time and effort into achieving them.

Equal treatment starts from the treatment schools give to their players. If the schools are not respecting their players and treating them equally, the NCAA and other organizations will also not treat women’s basketball equally. This is why it is so important for schools to understand the impact they have on women’s basketball and the need for them to do better. Incorporating annual equity training into their instruction will allow schools to hold themselves accountable and show other organizations that women’s basketball must be equally valued.

4. Conclusion

Women’s collegiate basketball has never lacked the talent, passion, or excitement that men’s basketball is known for. The only thing they have lacked is the funding, resources, and investment needed to achieve the same success as men’s basketball. With the current spike in viewership that women’s basketball is experiencing, there has never been a better time to make these changes for the better.

If amendments are made to Title IX to include funding discrepancy rules, colleges will finally be held accountable for their unfair treatment. Colleges must use their resources that are usually only given to men’s basketball to implement better media and marketing deals for women’s basketball, fill out mandatory equity reports, and administer equity training for their staff to ensure that equality is being met. There are many solutions to this issue, it is up to colleges to use their power to make this change and better women’s basketball forever.

Eleni Mandas received her J.D. from Santa Clara University School of Law. She grew up playing every sport under the sun, but basketball was her one true love. Her goal is to combine her love for sports and the law. Last summer, she interned at The Team (formerly Wasserman) where she worked on their sports legal team. Eleni is a passionate advocate for equality in women’s sports.