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- 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)
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Articles 1 - 3 of 3
Full-Text Articles in Education Law
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Brooklyn Journal of Corporate, Financial & Commercial Law
College athletics, specifically the NCAA, has faced legal challenges throughout its history. In the wake of Alston and other Supreme Court decisions regarding antitrust violations tied to student-athlete benefits, many states proposed and passed laws explicitly allowing student-athletes at NCAA institutions to utilize their names, images, and likenesses for commercial purposes. With the state laws in direct conflict with NCAA rules, college sports entered an era of extreme uncertainty. While the NCAA attempts to maintain its grip on the commercial endeavors of student-athletes and member institutions, states and society are pushing a free market agenda geared towards liberalizing the economic …
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 …
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 …