Law Commons^™

Duty, Breach, Deterrence: The Ncaa’S Legacy Of Immortalizing Competitive Glory Over The Well-Being Of The Student-Athletes It Aims To Protect, Gabi A. Grillon

Barry Law Review

No abstract provided.

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks

BYU Education & Law Journal

Nature often provides warning signs of oncoming danger. For example, a generally recognized phenomenon associated with a tidal wave caused by an oceanic earthquake is the major withdrawal of water resembling an extreme low tide. Universities take note, a similar phenomenon might be occurring in relation to college sports. Recent decisions might be signaling a receding of waters before a surge of litigation that results in college athletes being considered employees of the university. This paper considers recent court and administrative decisions that might be indicative of this major shift and discusses possible implications of such a change.

Mississippi's Contribution To Informing The Push For Federal Legislation, Nolan G. Forthaus

SLU Law Journal Online

The NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.

The "Wild West" Of State Nil Laws: Asking For Congress To Bail Out The Ncaa, Evan Crowder

Journal of Intellectual Property Law

This Note explores the evolution of the amateur status in college athletics, particularly the absence of a consistent definition for “amateur collegiate athlete” by the NCAA over the years. The traditional demarcation between amateur and professional athletes blurred significantly, particularly with the exponential growth of college football revenues, leading to indistinguishable time commitments for both categories. The landmark case of NCAA v. Alston marked a pivotal moment as the Supreme Court ruled in favor of allowing college athletes to earn compensation for the use of their name, image, and likeness ("NIL"). This decision overturned decades of prohibiting such practices in …

College Athlete Employment Model: An “Amateur” Attempt To Resolve The Exploitation Created By The Ncaa, Ryan Brida

University of Miami Business Law Review

The college sports industry is deeply rooted within the culture of the United States. Its popularity has only grown, which has led to business opportunities and vast economic wealth for many within the National Collegiate Athletic Association (“NCAA”). This wealth is mainly distributed among, but not limited to, NCAA executives, conference commissioners, university presidents, coaches, and athletic directors. The individuals actually taking part in the athletic contests, the college athletes, are excluded from this list. Specifically, looking at Division I college athletes, the harsh reality is that these young men and women are participating in a billion-dollar industry and not …

Tennessee V. Nat'l Collegiate Athletic Ass'n: Contracts - Name, Image And Likeness, David Draper

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn

Belmont Law Review

This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster

The Journal of Business, Entrepreneurship & the Law

To aid in understanding the prevalence of personal athlete logos and the trend of ownership and design, Section II will outline the history of this area of trademark law in the United States. It will provide background on the theory of trademark ownership and the development of this intellectual property discipline in the athletic and celebrity sphere. Section II will look at the two common and distinct processes, a company-designed logo versus an athlete-designed logo, and the modern trends in this area. Moving on from this historical discussion, Section III will examine the 2021 decision of NCAA v. Alston, the …

Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Brandon Posivak

Akron Law Review

Brandon Posivak gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.

Mr. Posivak graduated in May 2023 from Pepperdine Caruso School of Law in Malibu, CA with Certificates in Entertainment, Media, and Sports; Dispute Resolution; and Entrepreneurship and the Law with a specialization in Entertainment, Technology, and Intellectual Property. Prior to law school he was a Division I baseball player at Lafayette College in Easton, PA and has published two books, Step on the Cracks: Reinventing Happiness, Positivity, and Optimism and Waiting for Yesterday.

Game Changers: Rewriting The Playbook - A Sports And Entertainment Law Symposium, Luke Fedlam

Akron Law Review

Attorney Luke Fedlam gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.

Attorney Fedlam is a Partner and Sports Attorney in Columbus, OH at Porter Wright Morris & Arthur. He is passionate about providing professional athletes with trusted business advice and legal counsel. Throughout his career, Attorney Fedlam’s passion has earned him honors such as Ohio Super Lawyers’ Rising Star award, Best Lawyers: Ones to Watch in America, and recognition as an expert and thought leader in Name, Image, & Likeness. He serves on several …

Dropping The Ball: How The Growth Of Legalized Sports Betting Threatens The Nil Rights Of Collegiate Athletes, Peter Klensch

St. John's Law Review

(Excerpt)

One of the more storied runs in college basketball history happened in 2014 when the seven-seeded University of Connecticut Huskies (“UConn”) made the Final Four and defeated the University of Kentucky Wildcats to win the Division I Men’s College Basketball Tournament. As the second-lowest seed ever to win the Tournament, the focus should have been on UConn’s celebration in Storrs, Connecticut. Instead, the national media was drawn to comments made by UConn’s star point-guard, Shabazz Napier, who said that he sometimes went to bed “starving.”

The remarks caught the immediate attention of state legislators in Connecticut. Representative Matthew Lesser …

The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson

Journal of the National Association of Administrative Law Judiciary

Collegiate student-athletes began signing sponsorship deals that compensate them for their name, image and likeness beginning in July 2021. Since its inception, the NCAA has prohibited student-athletes from receiving any outside monetary compensation to preserve traditional notions of amateurism. States have begun to pass legislation that allow for student-athlete compensation following recent decisions by the Supreme Court and Ninth Circuit suggesting that the NCAA’s historic practice may run afoul of antitrust law. This comment analyzes issues with the current state-by-state patchwork of laws that formulate the current landscape of collegiate sports. Finally, this comment will show why centralized, federal regulation …

In A League Of Her Own: Why Female Student-Athletes Are Poised To Win Big In The Nil Era With A Properly Crafted Federal Law, Anna G. Williams

West Virginia Law Review

No abstract provided.

Student-Athlete Or More? Why Cadet-Athletes At The United States Service Academies Should Also Benefit From Nil, Michelle A. Svilpe

Marquette Sports Law Review

No abstract provided.

The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez

Marquette Sports Law Review

No abstract provided.

Narrowing The Playing Field On Nil Collectives, Kathryn Kisska-Schulze

Marquette Sports Law Review

No abstract provided.

For The (Caleb) Love Of The Game, Let States Write Their Own Nil Rules: Why Federal Nil Legislation Would Create Inefficient And Unfair Tax Consequences For Collegiate Student-Athletes, Cecilia Barreca

Marquette Sports Law Review

No abstract provided.

The First Step: Student-Athletes Finally Get The Right To Be Compensated For Their Names, Images, And Likenesses, Joseph Ranieri

DePaul Journal of Sports Law

No abstract provided.

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

Personal Foul: The Exploitation Of Ncaa Student-Athletes’ Publicity Rights, Jordan Pamlanye

St. John's Law Review

(Excerpt)

In 2017, Donald De La Haye, a Division I football player for the University of Central Florida of the National Collegiate Athletic Association (“NCAA”), was deemed ineligible for NCAA participation due to his successful YouTube channel, “Deestroying.” De La Haye was a kicker for the University of Central Florida’s (“UCF”) football team. At the time, his YouTube channel had over 90,000 subscribers and almost 5,000,000 views. The NCAA found De La Haye ineligible because he was compensated for videos that included aspects of his life as an NCAA athlete—a violation of the NCAA bylaws.

The consequences of this decision …

Game Of Thrones: Liberty & Eminent Domain, Mitchell F. Crusto

University of Miami Law Review

This Article analyzes the relationship between private property and the government’s power to expropriate it. When it comes to protecting private property from governmental expropriation, our Constitution is conflicted. On the one hand, the right to private property is a foundational principle that defines the American spirit, our history, and our culture. Yet, on the other hand, the Founders adopted the government’s superior authority over private property, that is, eminent domain, for public purpose and with just compensation, via the Takings Clause of the Fifth Amendment. This “private property conundrum” requires us to explore the limits of eminent domain relative …

The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch

Senior Honors Projects, 2020-current

This paper examines the progression of the intercollegiate athletic space, from a small regatta in 1852 to the massive athletic environment we know now in contemporary society. It finds the National Collegiate Athletic Association snared in a trap of circular logic that has been closing in on it since its conception, as it has defined collegiate athletes as amateurs and then proceeded to argue for amateur status for those athletes because of the definition that it wrote. This paper concludes in its final two chapters, after analyzing the recent Supreme Court case NCAA v. Alston, and the Name, Image, and …

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …