Goals and Obstacles in Legislating Concussion Management in Youth Sports
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(10 Willamette Sports L.J., no. 2, 2013, at 28). This article addresses concussions in youth sports. It examines a model law in Washington State and proposed federal legislation, and defines the role legislation can and should play in limiting the harmful effects of concussions on young athletes. The article describes the science of concussions and other brain damage, including Second Impact Syndrome (SIS), chronic traumatic encephalopathy (CTE), dementia, and Alzheimer’s disease. Next, the article examines the scope of the concussion problem in youth sports such as football, soccer, baseball, softball, and cheerleading. The article analyzes the challenges inherent in using legislation to protect young athletes. It further examines the strengths and weaknesses of current and proposed state and federal laws. The author recommends broader application, stronger enforcement mechanisms, and stronger penalties. Federal legislative action should be limited to ensuring all states have adopted strict “return-to-play” restrictions at all schools and have required clearance by a medical professional before students return to a practice or game.