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O’Bannon V. Ncaa: The Beginning Of The End Of The Amateurism Justification For The Ncaa In Antitrust Litigation, Michael Steele

Marquette Law Review

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Ncaa And The Rule Of Reason: Analyzing Improved Education Quality As A Procompetitive Justification, Cameron D. Ginder

William & Mary Law Review

No abstract provided.

Social And Behavioral Implications Of National Collegiate Athletic Association Sickle Cell Trait Screening: The Athletes’ Perspective, Raymona H. Lawrence, Alison Scott, Carlton Haywood Jr., Kayin Robinson, Mondi Mason

Journal of the Georgia Public Health Association

Background: In August 2010, the National Collegiate Athletic Association (NCAA) implemented a policy mandating sickle cell trait (SCT) testing for all Division I collegiate athletes. Subsequently, all Division II-III athletes were also compelled to undergo SCT testing. This decision has met with controversy among healthcare providers, researchers, and sickle cell advocates. However, there is little information concerning the athletes’ perspective of this policy. The purpose of this paper is to report the findings of a qualitative study that explored college athletes’ perceptions of sickle cell trait SCT, NCAA policies on SCT testing, and potential implications of SCT screening.

Methods: The …

College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn

Akron Law Review

This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.

A Qualitative Analysis Of Athletic Apparel And Equipment Sponsorship Related To Student-Athlete Recruitment, Melissa J. Davies, Katharine A. Burakowski

The Qualitative Report

The purpose of this study was to extend previous literature on student-athlete college choice by examining part of the recruitment process as a precursor to student-athlete decision-making. More specifically, this exploratory study aimed to empirically examine the extent to which apparel sponsorships affect student-athlete recruitment. Semi-structured interviews were conducted with ten football players at a state-supported NCAA Football Championship Subdivision (FCS) institution in the Rocky Mountain region. An inductive approach was used in identifying three emergent themes. These themes suggest that football players at this institution did not hold the apparel and equipment sponsorship as a deciding factor for the …

O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Michael A. Carrier, Christopher L. Sagers

Washington and Lee Law Review Online

In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain …

College Sports And The Antitrust Analysis Of Mystique, Sherman Clark

Washington and Lee Law Review Online

In this response to Marc Edelman’s Article, The District Court Decision in O’Bannon v. National Collegiate Athletic Association: A Small Step Forward for College-Athlete Rights, and a Gateway for Far Grander Change, 71 WASH. & LEE L. REV. 2319 (2014), I highlight a set of conceptual issues that must be confronted if courts are to craft a coherent and stable body of law governing the NCAA’s treatment of student-athletes. First, the value of the product at issue here—college sports—is intimately connected with the nature of the labor used to create it. Second, the nature of that value is …

The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow

Washington and Lee Law Review Online

The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players—as opposed to non-revenue-generating sports—and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for—indeed, it almost seemed to invite—future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete compensation. In this regard, the court’s incremental step …

How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier

Michigan Law Review First Impressions

The case of O’Bannon v. NCAA has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that prohibited payment for the use of names, images, and likenesses (NILs) in videogames, live game telecasts, and other footage. A Ninth Circuit panel, in a 2-1 decision, found that this restraint had anticompetitive effects and procompetitive justifications. And it considered “less restrictive alternatives,” upholding payment for incidental educational expenses beyond tuition and fees, room and board, and required books, but rejecting a deferred $5,000 payment for NILs. Straddling the intersection of …

Video Games And Ncaa Athletes: Resolving A Modern Threat To The First Amendment, Alex Vlisides

University of Baltimore Law Review

In 2013, two U.S. Courts of Appeals ruled that NCAA athletes could maintain right of publicity claims against a video game maker for use of their likeness. These decisions in favor of sympathetic plaintiffs reveal the threat that current right of publicity doctrine poses to First Amendment rights. The right of publicity tests applied by lower courts conflict with both the Supreme Court precedent and the theoretical foundations of the doctrine. This article reviews and rejects this test, ultimately proposing a new test. This two-tiered right of publicity test better protects the values of right of publicity while protecting the …

The One-Sided Games Of The Ncaa: How In Re Ncaa Student-Athlete Levels The Playing Field, Jennifer Hinds

Loyola of Los Angeles Entertainment Law Review

This Comment discusses renewed support for challenging the National College Athletic Association (NCAA) waivers that bar its student-athletes from receiving compensation as unconscionable in light of the recent Ninth Circuit holding in In re NCAA Student-Athlete Name and Licensing Litigation (In re NCAA Student Athlete). While critics previously debated whether the NCAA waivers are unconscionable, the Ninth Circuit’s holding that student-athletes have a right to publicity strongly suggests that the waivers as they currently stand are no longer enforceable. Part II of this Comment provides a background on the NCAA waivers and Electronic Arts’s (EA) use of the student-athletes’ images …

Ventures In Visionary Marketing: Identifying Game-Changing Branding Strategies In Ncaa Fbs Athletic Departments, Coyte Gene Cooper

Journal of Applied Sport Management

In today's competitive entertainment environment, National Collegiate Athletic Association (NCAA) athletic departments are being faced with unique challenges when it comes to attendance figures and fan engagement. To counter these chal-lenges, athletic departments are being forced to come up with strategies to build their brand with consumers. Thus, the purpose of the current research was to sur-vey marketing staff members at NCAA Division I athletic departments ( N = 46) to identify the peer departments considered as visionary in the area of branding. Overall, the research illustrated that In-Game Experience was determined as the most important area for maximizing efficiency …