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Entertainment, Arts, and Sports Law

2015

College athletes

Articles 1 - 2 of 2

Full-Text Articles in Law

How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier Jan 2015

How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier

Michigan Law Review First Impressions

The case of O’Bannon v. NCAA has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that prohibited payment for the use of names, images, and likenesses (NILs) in videogames, live game telecasts, and other footage. A Ninth Circuit panel, in a 2-1 decision, found that this restraint had anticompetitive effects and procompetitive justifications. And it considered “less restrictive alternatives,” upholding payment for incidental educational expenses beyond tuition and fees, room and board, and required books, but rejecting a deferred $5,000 payment for NILs. Straddling the intersection of …


Ncaa Athletes, Unpaid Interns And The S-Word: Exploring The Rhetorical Impact Of The Language Of Slavery, Maria Ontiveros Dec 2014

Ncaa Athletes, Unpaid Interns And The S-Word: Exploring The Rhetorical Impact Of The Language Of Slavery, Maria Ontiveros

Maria L. Ontiveros

This essay presents initial results of a literature survey that explored the use of the rhetoric of slavery by workers' rights groups. It presents quantitative results for uses of terms such as slave, slavery, modern day slavery, plantation, Jim Crow and Juan Crow as these terms were used by immigrant worker advocates, opponents of labor trafficking, advocates for unpaid interns, National Collegiate Athletic Association athletes, professional athletes and in the context of prison labor. The essay also provides a qualitative analysis of how these terms were used by NCAA athletes and unpaid interns and a discussion of the criticism leveled …