Law Commons^™

Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell

Louisiana Law Review

The article analyzes the National Collegiate Athletics Association (NCAA) amateurism principles in relations to the National Labor Relations Act (NLRA) in the lawsuit Berger v. NCAA and proposes a revision of the NCAA amateurism principles to decrease litigation related to the matter.

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether …

Amateur Regulation And The Unmoored United States Olympic And Paralympic Committee, Dionne L. Koller

All Faculty Scholarship

n the wake of the USA Gymnastics sexual abuse scandal and Women’s National Soccer Team’s claim for pay equity, members of Congress have proposed legislation that would reform the United States Olympic and Paralympic Committee (USOPC) through amendments to its governing statute, the Ted Stevens Olympic and Amateur Sports Act. While an important step in the right direction, the proposed reforms fail to address deeper, more urgent questions about the USOPC, the sport National Governing Bodies (NGBs) it recognizes, and the meaning of the Olympic and Amateur Sports Act. This Article explores those issues by explaining that the USOPC’s quasi-governmental …

Gamblization: The Rise Of Sports Gambling And The Need To Repeal Paspa, Alex Lowell

Pace Intellectual Property, Sports & Entertainment Law Forum

The National Gambling Impact Study Commission, in its final report to Congress, estimated American’s bet as much as $380 billion per year on sports, making it by far the largest form of illegal wagering, and that report was released in 1999. With the growth of the Internet and technology, there is no doubt that these staggering figures are far larger today. Based on the current structure, 99% of sports gambling continue to operate untaxed and unregulated in defiance of state and federal law. The time has come for the United States to repeal the Professional and Amateur Sports Protection Act …

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …

They're Not Yours, They's My Own: How Ncaa Employment Restrictions Violate Antitrust Law, Gregory Sconzo

University of Miami Law Review

No abstract provided.

Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller

All Faculty Scholarship

The state action doctrine has as its central goal the preservation of liberty by limiting the intrusion of the government into the "private" sphere. It achieves this by applying the Constitution only to government, and not private, action. Traditionally, amateur sports regulators such as the National Collegiate Athletic Association (NCAA) and the United States Olympic Committee (USOC) have been viewed by courts as private. As a result, this article explains that courts generally give great deference to amateur sports organizations such as the NCAA and USOC to regulate sports with little judicial interference, including in the area of constitutional litigation. …

Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller

Dionne L. Koller

The state action doctrine has been criticized for decades. Among the criticisms is that the doctrine as applied will fail to account for changing realities in the exercise of state power. Building on this criticism, this article makes the claim that the state action doctrine’s failure to account for the realities of increased state power in amateur sports has important consequences for the amateur athletes and others who are regulated by ostensibly private organizations such as the National Collegiate Athletic Association (NCAA), the United States Olympic Committee (USOC), and the United States Anti-Doping Agency (USADA). While some commentators previously have …

Representant Les Etats-Unis D'Amerique: Reforming The Usoc Charter, Christopher T. Murray

Vanderbilt Journal of Entertainment & Technology Law

This Article proposes a reorganization of Olympic and amateur sports in the States not yet entertained by Congress, the USOC, or the legal academy. Congress should revoke the USOC's charter as a patriotic organization. The USOC should be divided and reformed. The Olympic-related functions of the USOC should be recast into a government corporation. Thus, the financial, political, and legal functions of representing the United States in the Olympic movement would be administered like those of a corporation. The governance of amateur sports should be removed from the USOC's charter and privatized into an association of the individual sports.

Part …

Special Report: Assaults On Sports Officials, Troy Cross

Marquette Sports Law Review

No abstract provided.

The Amateur Sports Draft: The Best Means To The End?, Jeffrey A. Rosenthal

Marquette Sports Law Review

No abstract provided.