Entertainment, Arts, and Sports Law Commons^™

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 …

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.

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.

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 …

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.

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 …

Using The Internal Revenue Code To Limit Coaching Salaries: A Proposal To Bring Amateurism Back Into College Football, Blaire Mikesell

Indiana Law Journal

Since formal collegiate athletic competitions began in 1852, they have gained popularity and become a mainstay in American culture. This rise in popularity coupled with increased media coverage allowed college athletics, and particularly college football, to grow into a successful business that generates billions of dollars in revenue each year. Colleges and institutions earn this athletic revenue as tax-free income due to their tax-exempt status under the Internal Revenue Code § 501(c)(3) tax-exemption statute. The basic policy underlying this statute is as follows: colleges and universities provide an important benefit to the public by providing education, and in exchange for …

Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh

Washington and Lee Journal of Civil Rights and Social Justice

2021 Louise Halper Award Winner for Best Student Note

The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …

Assessing Amateurism In College Sports, Casey E. Faucon

Washington and Lee Law Review

College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …

The Ethics Of Sign Stealing In College Football, Joshua D. Winneker, Ian Silfies

Marquette Sports Law Review

No abstract provided.

Improving Gender Equity Through The Controlling Authority Of The Ncaa, Lauren Mccoy Coffey

Marquette Sports Law Review

No abstract provided.

Title Ix Hypocrisy Continues After Ncaa V. Alston, Maci Edwards, Walter Champion

Marquette Sports Law Review

No abstract provided.

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.

Amateur Hour Is Over: Time For College Athletes To Clock In Under The Flsa, Nicholas C. Daly

Georgia State University Law Review

The debate surrounding the National Collegiate Athletic Association’s (NCAA) amateurism principles has waged for decades. The governing body of college athletics insists that the athletes who compete on a daily basis should not—or shall not—receive any compensation in exchange for their services while NCAA executives line their pockets with billions of dollars each year. This concept of “no pay for play” has drawn national criticism since the NCAA created the term “student-athlete” in the 1950s to combat a workers’ compensation claim. The amateurism principles were concocted as an attempt to prevent college athletes from being classified as employees of their …

A Losing Mentality: An Analysis Of The Duty Owed By Universities To Provide Their Student-Athletes With Mental Health Services, Marnae Mawdsley

Marquette Sports Law Review

No abstract provided.

Step One: Solving The Ncaa Sexual Assault Problem, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

Power To The Player: Freedom Of Speech, The Right To Protest, And Student-Athlete Claims Against The Ncaa, Tyler M. Horn

Marquette Sports Law Review

No abstract provided.

Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee

The Journal of Business, Entrepreneurship & the Law

This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.

Should The Ncaa Have To Pay? Long-Term Injuries In College Athletics, Improper Assumptions Of Risk, And Coverage Of Medical Expenses After College, Alexandrea Jacinto

Fordham Intellectual Property, Media and Entertainment Law Journal

Student-athletes spend years training, perfecting their sport, and working hard in school in order to make it to the big leagues: Division I College Athletics. However, when student-athletes finally get there, they are met with empty promises, and often leave with injuries that no one took the time to warn them about. That is because, despite being told that they must sign an agreement with the National Collegiate Athletic Association (“NCAA”) which binds them to the organization’s rules, athletes learn quickly that the other side of that agreement is rarely, if ever, upheld when they need it. Courts fail to …

A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie

Seattle University Law Review

Cannabinoids can be a highly effective way for athletes to combat various kinds of pain associated with intense training. Derivatives of cannabis, such as marijuana, have been used for centuries as a form of pain relief. Part I of this Article discusses how cannabinoids are used in sports medicine. Part II discusses the different approaches to marijuana and cannabidiol use across sports leagues. Part III highlights the inconsistencies between the NCAA’s approach to testing for substance abuse and its investment in student-athletes’ well-being. Part IV discusses how the NCAA must focus on student-athlete health. Finally, Part V concludes that the …

Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre

Marquette Sports Law Review

None

Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

None

The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs

Marquette Sports Law Review

No abstract provided.