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Articles 1 - 29 of 29
Full-Text Articles in Law
On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste
On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste
Marquette Sports Law Review
No abstract provided.
Title Ix Vs. Ncaa: A Gameplan For Championship Equity, Leigh E. Friestedt
Title Ix Vs. Ncaa: A Gameplan For Championship Equity, Leigh E. Friestedt
Vanderbilt Journal of Entertainment & Technology Law
In 1972, Congress enacted Title IX of the Education Amendments Act (Title IX) to prohibit sex-based discrimination in “any education program or activity receiving federal financial assistance.” While the original legislation did not stipulate “athletics,” Title IX has had a profound impact on intercollegiate sports by expanding the athletic opportunities for women as a covered “program or activity.” However, fifty years after the enactment of Title IX, there are still significant disparities between men’s and women’s intercollegiate athletics, most notably at the high-profile National College Athletics Association (NCAA or Association) Championships.
In 2021, the NCAA hosted the men’s and women’s …
The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch
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 Path To Employee Status For College Athletes Post-Alston, Tyler J. Murry
The Path To Employee Status For College Athletes Post-Alston, Tyler J. Murry
Vanderbilt Journal of Entertainment & Technology Law
College athletics are in a state of flux following the Supreme Court’s decision in NCAA v. Alston. While student athletes can now earn money from their name image and likeness (NIL) through endorsement deals, the NCAA and its member schools can still exploit college athletes to earn billions of dollars. To remedy this injustice, courts should classify student athletes as employees under the Federal Labor Standards Act (FLSA) to compensate these students for their work. Whether student athletes should be eligible for minimum wage and employment benefits has been a hot-button topic in the legal community for many years. Fortunately, …
Assessing Amateurism In College Sports, Casey E. Faucon
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 …
Alston And The Dejudicialization Of Antitrust, Richard D. Friedman
Alston And The Dejudicialization Of Antitrust, Richard D. Friedman
Articles
A curious feature of NCAA v. Alston is the shoe that didn’t drop, at least not immediately. “Put simply,” Justice Gorsuch wrote for a unanimous Court, “this suit involves admitted horizontal price fixing in a market where the defendants exercise monopoly control.” Given that this pronouncement occurred on page fourteen of the Court’s opinion, one might have expected that the opinion would end on, say, page fifteen, for if there has been one fixed point in American antitrust law it has been that horizontal price-fixing, especially but not only by those with monopoly power, is per se illegal. Instead, the …
The Fight For Pay: How The Supreme Court Ultimately May Use Antitrust Law To Allow Student-Athletes To Be Paid, Josef Nilhas
The Fight For Pay: How The Supreme Court Ultimately May Use Antitrust Law To Allow Student-Athletes To Be Paid, Josef Nilhas
SLU Law Journal Online
The NCAA has long avoided the idea of compensating players. Josef Nilhas discusses how now, after years of inaction, this decision may ultimately lay in the hands of the Supreme Court from the perspective of federal Antitrust law.
Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum
Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum
Loyola of Los Angeles Law Review
No abstract provided.
When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn
Arkansas Law Review
"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels as his …
Voiding The Ncaa Show-Cause Penalty: Analysis And Ramifications Of A California Court Decision And Where College Athletics And Show-Cause Penalties Go From Here, Josh Lens
The University of New Hampshire Law Review
In late 2018, a Los Angeles County Superior Court judge sent shockwaves through college athletics by ruling that the NCAA’s Committee on Infractions (“COI”) unlawfully restrained now-former University of Southern California (“USC”) assistant football coach Todd McNair’s career when it imposed a “show-cause” penalty on him. Judge Frederick Shaller therefore declared NCAA show-cause penalties void under California employment law.
For decades, the COI has utilized show-cause penalties to punish individuals who break NCAA rules. Reserved for more egregious violations, universities and administrators long treated show-cause orders as scarlet letters, typically terminating or refusing to hire coaches subject to them. That …
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
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 …
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
Michigan Law Review Online
If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …
Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel
The Journal of Business, Entrepreneurship & the Law
The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is beginning to help our college athletes sustain some semblance of a normal life after their playing days are over. Importantly, the rule is merely a …
Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket
Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket
Pace Intellectual Property, Sports & Entertainment Law Forum
This Note will begin by exploring the history and evolution of antitrust law surrounding sport including the limited application of the Sports Broadcasting Act. An introduction of the Sports Broadcasting Act and a discussion of the portions of the act that are in need of more inclusive language will follow. This Note will then examine the current competitive imbalance in collegiate athletics and emphasize the Supreme Court’s recognition as to the importance of maintaining competitiveness in the NCAA. Finally, the expansion of Sports Broadcasting Act through explicit regulation to immunize the NCAA, as one league with a single unity of …
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen Ross, Richard Karcher, S. Kensinger
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen Ross, Richard Karcher, S. Kensinger
Stephen F Ross
Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …
The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow
The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow
Washington and Lee Law Review Online
The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players—as opposed to non-revenue-generating sports—and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for—indeed, it almost seemed to invite—future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete compensation. In this regard, the court’s incremental step …
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
Elliot S Rozenberg
No abstract provided.
Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis
Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis
Faculty Scholarship
Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude, deter, …
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen F. Ross, Richard T. Karcher, S. Baker Kensinger
Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen F. Ross, Richard T. Karcher, S. Baker Kensinger
Journal Articles
Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Pepperdine Law Review
No abstract provided.
Rebuilding The Prevent Defense: Why Unethical Agents Continue To Score And What Can Be Done To Change The Game, R. Alexander Payne
Rebuilding The Prevent Defense: Why Unethical Agents Continue To Score And What Can Be Done To Change The Game, R. Alexander Payne
Vanderbilt Journal of Entertainment & Technology Law
Despite decades of regulation, college athletics continues to face problems stemming from agents' unethical and illegal tactics in recruiting student-athletes. The NCAA, Congress, state legislatures, and professional players unions have all sought to regulate the interaction between athletes and agents in various ways, often leading to conflicts and gaps within existing laws, which some agents readily exploit. Agents frequently slip through the law's porous prevent defense while the brunt of enforcement and public opprobrium falls on unsophisticated student-athletes and their schools--who are frequently outsiders to the saga. This Note explores the causes resulting in an atmosphere of noncompliance, including the …
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
College Athletes: What Is Fair Compensation?, Eric J. Sobocinski
College Athletes: What Is Fair Compensation?, Eric J. Sobocinski
Marquette Sports Law Review
No abstract provided.
Civil Rights: Title Ix And College Athletics: Is There A Viable Compromise?, Andrew A. Ingrum
Civil Rights: Title Ix And College Athletics: Is There A Viable Compromise?, Andrew A. Ingrum
Oklahoma Law Review
No abstract provided.
The Unrelated Business Income Tax And Its Effects Upon Collegiate Athletics, Frank James Vari
The Unrelated Business Income Tax And Its Effects Upon Collegiate Athletics, Frank James Vari
Akron Tax Journal
This article examines the Unrelated Business Income Tax and its application to corporate sponsorship of college football bowl games and other exempt organizations likely to be affected by Technical Advice Memorandum 91-47-007. Thereafter, the article will consider the IRS's proposed examination guidelines of corporate sponsorship income, the public policy concerns regarding such income, and the proposed legislation introduced to address the competing concerns.
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
University of Michigan Journal of Law Reform
Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes reform of …
Sports Notes, Wornie L. Reed
Sports Notes, Wornie L. Reed
Trotter Review
The big-business nature of college sports is becoming increasingly apparent. Each of the four schools with basketball teams in the 1990 "Final Four" received $1,430,000, while the 64 invited teams were guaranteed at least $286,000 each. On top of this, the National Collegiate Athletic Association (NCAA) recently signed a $1 billion basketball deal with CBS television, ensuring that the take for individual schools will be greater in the future. College athletes are producing this revenue without remuneration other than their scholarships, which pale in comparison to the revenue they generate.
The Regulation Of Academic Standards In Intercollegiate Athletics, Ronald J. Waicukauski
The Regulation Of Academic Standards In Intercollegiate Athletics, Ronald J. Waicukauski
Articles by Maurer Faculty
No abstract provided.