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- 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 (1)
- And Cultural Rights; Constitution of the People's Republic of Bangladesh; World Health Organization (WHO); Forced labor; Child trafficking; Child Labor National Plan of Action; Education (1)
- Bangladesh; United Nations Convention on the Rights of the Child; Children; National Child Labor Elimination Policy; National Education Policy; Bangladesh Labor Act; United Nations International Children's Emergency Fund (UNICEF); United Nations (UN); Geneva Declaration of the Rights of the Child of 1924; Universal Declaration of Human Rights; International Convenant on Civil and Political Rights; International Convenant on Economic (1)
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- Glatt v. Fox Searchlight Pictures (1)
- Image and Likeness; NIL; NCAA; College football; student-athlete; COVID-19; Nationa Collegiate Athletic Association; Fair Pay to Play Act; California Statute SB206; Gavin Newsom; Carnegie Foundtion; college football; intercollegiate sport; amateurism; scholarship; Sherman Antitrust Act; monopoly; Standard Oil v. U.S.; NCAA v. Board of Regents; market; videogames; archival footage; licenses; group licenses; Commerce Clause; Dormant Commerce Clause; NCAA v. Miller; contract; legislation; implementation; independent third party; clearinghouse; negotiate; appeal; title IX; (1)
- Interns (1)
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- O'Bannon v. NCAA; Sherman Anti-Trust Act; Name (1)
- Primary benefits test (1)
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Articles 1 - 4 of 4
Full-Text Articles in Education Law
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …
Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey
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. …
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Brooklyn Journal of International Law
The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …