Tuesday , August 22 2017
  • WHAT TO DO WITH TRANSFERS

    The NCAA, even more than amateurism, has a vice grip on lawsuits involving eligibility, so what is there to be done to reconcile some of the issues that transfer student-athletes face?

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Recent Posts

How to Revamp College Sports’ Antiquated System

For whichever side of the argument one advocates, the unequivocal certainty is that the landscape of college athletics is set for a seismic paradigm shift as the concept of pure “amateurism” now appears to be illusory and anachronistic. Too much money is now involved for the NCAA to cling to the notion that sports are simply there to “enhance the educational experience.”

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In too Deppe: Antitrust Suit Against NCAA Falls Flat

Last year, Peter Deppe initiated a challenge to the NCAA’s scholarship limits and transfer rules, after failing to transfer and receive an athletics scholarship at a new school. This week, the United States District Court for the Southern District of Indiana all but shot down Deppe’s case, once again upholding the NCAA rules in face of the Sherman Act.

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SHUT IT DOWN: The Case for the NCAA Death Penalty for Baylor Football

The latest lawsuit against Baylor alleges that due to the school’s laissez-faire policy on punishing football student-athletes for sexual assaults, at least 31 football players were involved in over 50 acts of rape from 2011 to 2015, and goes further to address recruiting improprieties involving the school’s hostess program. If the allegations are proven true, this information should provide the final nail in the coffin for what could be an NCAA “Death Penalty” case against the Baylor football program.

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Much Ado About Nothing: Northwestern’s New NLRB “Decision”

Last month the NLRB issued an advice memorandum concerning the Northwestern football handbook, and the team’s unlawful social media rules. A footnote in the memo assumes for the purposes of the memo that Northwestern’s scholarship football players are employees. This memo was one person assuming an employee status in a limited circumstance, not a reversal of last year’s NLRB ruling, and is still miles away from the NLRB declaring student-athletes to be employees.

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New York’s Interactive Fantasy Sports Law Faces Constitutional Challenge

Four New York citizens – backed by an anti-gambling government reform group – filed suit last Wednesday against New York Governor Andrew Cuomo and the state gambling commission, alleging that New York’s new law violates the state’s constitutional prohibition on gambling expansion. The lawsuit, however, likely faces a lengthy, uphill climb.

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O’Bannon and the NCAA: No Cert for You!

In a relatively unsurprising decision, the Supreme Court has denied petitions for both the NCAA and Ed O’Bannon in one of the landmark cases for the collegiate model. Overall, while both sides petitioned for cert, this is a pretty favorable result for the NCAA.

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Why Baylor Will Likely Face NCAA Scrutiny

Following the latest allegations, Baylor University conducted an external review of the institution’s handling of Title IX (and related) issues, which culminated in the release of a very damning report. This Title IX inquiry uncovered flaws in the senior leadership’s actions and Baylor’s student conduct process, and even staff members acting to hinder or discourage reporting acts of sexual assault or dating violence. With apparent involvement from athletics staff members to cover for football players, Baylor could be facing rather significant penalties from the NCAA.

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The Depth of Deppe’s Case Against the NCAA

After facing an onslaught of litigation on almost every possible amateurism restriction, the NCAA now faces another lawsuit. The newest suit targets restrictions on Division I Football Bowl Subdivision (FBS) student-athlete transfers and scholarship limits.

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Handicapping The Sports Betting Rehearing En Banc

Last week, some of the most distinguished lawyers of our generation gathered in a cramped Philadelphia federal courthouse for a hearing that could have a profound effect on the timeline to bring legal sports betting to the whole of the United States. While the results of the hearing remain to be determined, it appears – again – that most Americans will have to wait a bit longer to place a wager on their favorite club.

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Because I Said So: Paternal Court Rules Penn Student Athletes Are Not Employees

The United States District Court for the Southern Division of Indiana ruled on Berger vs. NCAA, in what was a very interesting, if unheralded decision. This particular case involved the questions of whether or not student-athletes are employees under the Fair Labor Standards Act and if so, whether or not the NCAA and its membership institutions were violating the FLSA by failing to pay the student athletes minimum wage.

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How to Fix The NCAA’s Initial Eligibilty Process

Initial eligibility is a good idea in principle that currently faces many flaws. The process is great in hindsight but doesn't allow much time to correct deficiencies, and is especially hard on international prospects. While academic certification is far from perfect for a small number of freshman student-athletes, a few simple changes might make initial eligibility exponentially better.

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