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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2020

Brooklyn Law School

Amateur; amateurism; sports; football; college football; athelete; college athelete; student athelete; NCAA; Mark Emmert; right to publicity; First Amendment; Olympics; Olympic Model; Olympic amateur; labor law; employment law; name and likeness; Pay to Play Act; college; university; antitrust law; Ninth Circuit; FanDuel; fantasy sports; minor league; Fair Labor Standards Act; FLSA; law; policy

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Full-Text Articles in Law

Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey Dec 2020

Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey

Journal of Law and Policy

After a century of denying student-athletes from receiving compensation outside the cost of attendance for their athletic contributions to their respective universities, the NCAA finally announced it would change its amateurism rule. The change came in response to multiple class action lawsuits and, more recently, legislation from many states, namely California and New York, which would have mandated that universities do not interfere with student-athletes desire to commercially exploit their own names, image, and likenesses. However, these statutes are potentially flawed in that each could exacerbate or perpetuate the anti-trust and first amendment issues inherent to the current amateurism rule. …