The Supreme Court unanimously rejected the NCAA's definition of amateurism, which had restricted compensation for student-athletes. While the decision focused on education-related benefits, Justice Kavanaugh's concurring opinion went further, arguing that the NCAA's remaining compensation rules are subject to antitrust scrutiny. Kavanaugh criticized the NCAA for acting as a "lawless organization" that exploits student-athletes for billions in revenue while restricting their pay. He asserted that the NCAA's business model would be illegal in any other industry and questioned whether the NCAA can legally prevent fair compensation of student-athletes.
Ed O'Bannon, a former UCLA basketball player, filed a class action antitrust lawsuit against the NCAA and its licensing company alleging that they violated antitrust laws and his right of publicity by using players' likenesses without compensation. A district court found that the NCAA's rules violated antitrust laws and allowed schools to provide full cost of attendance scholarships. The NCAA appealed arguing athletes should not be paid. The appeals court upheld that NCAA rules limiting compensation violated antitrust law but removed the $5,000 payment remedy. The rulings mean schools may have to change budgets and player marketing and compensation could increase recruitment, but many NCAA rules would remain.
California Will Allow College Athletes to Earn Endorsement Money. .docxjasoninnes20
California Will Allow College Athletes to Earn Endorsement Money. Here’s How It Could Change College Sports.
Will other states follow and how will the NCAA respond? The answers will ultimately determine the impact of this new law.
By
Brian Costa and
Laine Higgins
Sept. 30, 2019 11:03 am ET
The new California law requiring schools in the state to allow their athletes to earn endorsement money isn’t scheduled to take effect until 2023. But already, it is clear that one state’s decision to give college athletes the ability to profit from their name, image or likeness will have far-reaching effects on the economics of college sports.
The impact will extend from campuses to other U.S. statehouses. And it could alter both the flow of talent into top athletics programs and the stream of marketing revenue into college sports.
Here are some immediate questions that will ultimately determine the impact of the law, signed by Gov. Gavin Newsom on Monday.
1. Will other states follow?
Elected officials in several other states are already trying. A New York state senator has proposed legislation that goes even further, requiring colleges to pay athletes directly. A pair of Colorado state senators are planning to introduce a similar bill there. A proposed South Carolina bill—set to be filed in January—is similar to California’s.
There has been talk of such measures at the state level before, but backers are hoping the California law will help them gain more support. “This will be a building block that we can use in the state of South Carolina to make our case,” said South Carolina state senator Marlon Kimpson.
Kimpson, a Democrat, filed a bill in 2014 requiring Clemson and the University of South Carolina to pay its football and basketball players. The legislation effectively died without getting to a vote. If the California law proves to put South Carolina schools at a competitive disadvantage, Kimpson said he is hopeful that would spur more openness to a similar measure.
2. How will the NCAA respond?
The NCAA’s board of governors, in a letter to Newsom before he signed the bill, threatened to ban California athletes from its competitions if the law went into effect. The group cited the “unfair recruiting advantage” it would create.
“I think that would be enough of a disadvantage to wipe out any advantage that we might take,” said Pepperdine athletic director Steve Potts. “I just don’t want to put our student athletes in a position where they’re not allowed to compete at the highest level.” But doing so would remove some of the most prominent NCAA member institutions from its championships, among them UCLA, USC, Cal and Stanford. And such a stance could prove difficult to uphold if enough other states were to enact similar legislation.
An NCAA ban for California schools could trigger an antitrust lawsuit. Likewise, the NCAA—which called the bill “unconstitutional” in its letter to Newsom—could attempt through legal action to overturn or at least delay ...
The document provides a timeline of events that led to the legalization of NIL compensation for college athletes in the United States. It details key court cases like O'Bannon v. NCAA that established athletes' rights to compensation, as well as states passing NIL laws in response to NCAA resistance. The Supreme Court's 2021 decision in NCAA v. Alston eliminated the NCAA's defense of amateurism and cleared the way for athletes to sign endorsement deals starting on July 1, 2021. However, the NCAA still seeks federal legislation to provide uniform NIL rules.
The document discusses the debate around compensating student-athletes for their likeness being used in television, video games, and commercials. It summarizes an editorial arguing that unionization among student-athletes could lead to collective bargaining with the NCAA. The document also discusses a lawsuit filed by former UCLA basketball player Ed O'Bannon claiming student-athletes have been denied money from the use of their likeness in video games. Several studies presented suggest many football and basketball players do not meet the academic standards of other students and may receive special treatment from their schools.
The document summarizes arguments on both sides of the debate around paying college athletes. It discusses how college athletes generate billions in revenue for their schools through ticket and merchandise sales but are only compensated through scholarships. While some argue this is unfair and athletes deserve monetary compensation, others counter that regulations preventing payment promote fairness and ensure education is prioritized over athletics. The document also reviews sources that analyze the NCAA's justification that its amateurism rules help maintain competitive balance, as large schools could buy the best players without restrictions. Overall, the document presents multiple perspectives on this complex issue around compensating college athletes.
The document summarizes Michael Dobie's article arguing that college athletes are essentially employees of the NCAA and universities, bringing in billions in revenue but receiving very little compensation. It notes that while athletes generate substantial income through television contracts and merchandise, they are prohibited from being compensated and many read at elementary school levels. The document agrees with calls for change and unions forming to fight the NCAA's "amateur student-athlete" model and demand a share of generated revenue.
The document summarizes an article arguing that college athletes should be paid beyond just scholarships. It analyzes the sources cited in the article to evaluate their credibility in supporting the argument. Several credible sources are identified, including a lawyer, professor focusing on sports law, and senior writer for the Chronicle of Higher Education. These sources agree that college athletes play a large role in university profits and athletic success but receive no compensation. While the original article opinion provides a thoughtful perspective, it is shown that the author lacks the credentials of the other sources cited, and opinion alone does not constitute a credible judgment.
- The document is a letter to the NCAA arguing they should reconsider their drug testing policy for college athletes.
- It argues the current policy lacks consistency, with some teams tested more often than others. It also says punishments are inconsistent between schools.
- The letter calls on the NCAA to create a concrete, standardized list of banned substances and a consistent penalty system applied the same at all schools. This would treat athletes more fairly across programs.
Ed O'Bannon, a former UCLA basketball player, filed a class action antitrust lawsuit against the NCAA and its licensing company alleging that they violated antitrust laws and his right of publicity by using players' likenesses without compensation. A district court found that the NCAA's rules violated antitrust laws and allowed schools to provide full cost of attendance scholarships. The NCAA appealed arguing athletes should not be paid. The appeals court upheld that NCAA rules limiting compensation violated antitrust law but removed the $5,000 payment remedy. The rulings mean schools may have to change budgets and player marketing and compensation could increase recruitment, but many NCAA rules would remain.
California Will Allow College Athletes to Earn Endorsement Money. .docxjasoninnes20
California Will Allow College Athletes to Earn Endorsement Money. Here’s How It Could Change College Sports.
Will other states follow and how will the NCAA respond? The answers will ultimately determine the impact of this new law.
By
Brian Costa and
Laine Higgins
Sept. 30, 2019 11:03 am ET
The new California law requiring schools in the state to allow their athletes to earn endorsement money isn’t scheduled to take effect until 2023. But already, it is clear that one state’s decision to give college athletes the ability to profit from their name, image or likeness will have far-reaching effects on the economics of college sports.
The impact will extend from campuses to other U.S. statehouses. And it could alter both the flow of talent into top athletics programs and the stream of marketing revenue into college sports.
Here are some immediate questions that will ultimately determine the impact of the law, signed by Gov. Gavin Newsom on Monday.
1. Will other states follow?
Elected officials in several other states are already trying. A New York state senator has proposed legislation that goes even further, requiring colleges to pay athletes directly. A pair of Colorado state senators are planning to introduce a similar bill there. A proposed South Carolina bill—set to be filed in January—is similar to California’s.
There has been talk of such measures at the state level before, but backers are hoping the California law will help them gain more support. “This will be a building block that we can use in the state of South Carolina to make our case,” said South Carolina state senator Marlon Kimpson.
Kimpson, a Democrat, filed a bill in 2014 requiring Clemson and the University of South Carolina to pay its football and basketball players. The legislation effectively died without getting to a vote. If the California law proves to put South Carolina schools at a competitive disadvantage, Kimpson said he is hopeful that would spur more openness to a similar measure.
2. How will the NCAA respond?
The NCAA’s board of governors, in a letter to Newsom before he signed the bill, threatened to ban California athletes from its competitions if the law went into effect. The group cited the “unfair recruiting advantage” it would create.
“I think that would be enough of a disadvantage to wipe out any advantage that we might take,” said Pepperdine athletic director Steve Potts. “I just don’t want to put our student athletes in a position where they’re not allowed to compete at the highest level.” But doing so would remove some of the most prominent NCAA member institutions from its championships, among them UCLA, USC, Cal and Stanford. And such a stance could prove difficult to uphold if enough other states were to enact similar legislation.
An NCAA ban for California schools could trigger an antitrust lawsuit. Likewise, the NCAA—which called the bill “unconstitutional” in its letter to Newsom—could attempt through legal action to overturn or at least delay ...
The document provides a timeline of events that led to the legalization of NIL compensation for college athletes in the United States. It details key court cases like O'Bannon v. NCAA that established athletes' rights to compensation, as well as states passing NIL laws in response to NCAA resistance. The Supreme Court's 2021 decision in NCAA v. Alston eliminated the NCAA's defense of amateurism and cleared the way for athletes to sign endorsement deals starting on July 1, 2021. However, the NCAA still seeks federal legislation to provide uniform NIL rules.
The document discusses the debate around compensating student-athletes for their likeness being used in television, video games, and commercials. It summarizes an editorial arguing that unionization among student-athletes could lead to collective bargaining with the NCAA. The document also discusses a lawsuit filed by former UCLA basketball player Ed O'Bannon claiming student-athletes have been denied money from the use of their likeness in video games. Several studies presented suggest many football and basketball players do not meet the academic standards of other students and may receive special treatment from their schools.
The document summarizes arguments on both sides of the debate around paying college athletes. It discusses how college athletes generate billions in revenue for their schools through ticket and merchandise sales but are only compensated through scholarships. While some argue this is unfair and athletes deserve monetary compensation, others counter that regulations preventing payment promote fairness and ensure education is prioritized over athletics. The document also reviews sources that analyze the NCAA's justification that its amateurism rules help maintain competitive balance, as large schools could buy the best players without restrictions. Overall, the document presents multiple perspectives on this complex issue around compensating college athletes.
The document summarizes Michael Dobie's article arguing that college athletes are essentially employees of the NCAA and universities, bringing in billions in revenue but receiving very little compensation. It notes that while athletes generate substantial income through television contracts and merchandise, they are prohibited from being compensated and many read at elementary school levels. The document agrees with calls for change and unions forming to fight the NCAA's "amateur student-athlete" model and demand a share of generated revenue.
The document summarizes an article arguing that college athletes should be paid beyond just scholarships. It analyzes the sources cited in the article to evaluate their credibility in supporting the argument. Several credible sources are identified, including a lawyer, professor focusing on sports law, and senior writer for the Chronicle of Higher Education. These sources agree that college athletes play a large role in university profits and athletic success but receive no compensation. While the original article opinion provides a thoughtful perspective, it is shown that the author lacks the credentials of the other sources cited, and opinion alone does not constitute a credible judgment.
- The document is a letter to the NCAA arguing they should reconsider their drug testing policy for college athletes.
- It argues the current policy lacks consistency, with some teams tested more often than others. It also says punishments are inconsistent between schools.
- The letter calls on the NCAA to create a concrete, standardized list of banned substances and a consistent penalty system applied the same at all schools. This would treat athletes more fairly across programs.
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, others believe this could unfairly benefit some students and change the nature of college sports scholarships. The issue is divisive with reasonable perspectives on both sides.
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, others believe this could unfairly benefit some students and change the nature of college sports scholarships. The issue is divisive with reasonable perspectives on both sides.
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, opponents believe this could increase costs for other students and change the nature of college sports. The document examines perspectives from both sides of the complex debate.
Fact Sheet on Penn State NCAA Sanctions Below please see.docxssuser454af01
Fact Sheet on Penn State NCAA Sanctions
Below please see information regarding recent decisions surrounding the NCAA-imposed
sanctions on Penn State.
How Does the NCAA Work?
The NCAA is a membership and a rules-based organization―rules which a member institution
must abide by to join. The NCAA’s rules can be found at www.ncaa.org. NCAA enforcement staff
holds member institutions accountable by seeking out and processing information about
possible violations of NCAA rules.
i
The NCAA controls member institution ability to participate.
Institutions fulfill their membership obligation by fully cooperating with enforcement staff,
Infractions and Infractions Appeals Committees; disclosing to the enforcement staff all relevant
information regarding potential violations; and protecting the integrity of the investigation (i.e.,
limiting information disclosure relevant to the investigation).
ii
NCAA Sanctions Overview
On July 23, the NCAA announced their penalties and corrective actions against Penn State which
include:
o A University payment of $60 million over five years into a special endowment created to fund
programs that prevent child sexual abuse and assist victims of child sexual abuse.
o A four year ban on post-season football games, and a scholarship reduction. All Penn State
football wins from 1998-2011 will be vacated.
o The University must enter into an Athletic Integrity Agreement and engage a third-party
monitor to oversee compliance with the AIA and the NCAA’s constitution and bylaws. Former
Maine Senator, George Mitchell, was named as the NCAA’s third-party monitor.
o A five-year probationary period.
NCAA Consent Decree Acceptance
Penn State President Rodney Erickson, with input from legal counsel and members of the
executive committee of the Board of Trustees, accepted the NCAA-imposed penalties.
After much deliberation and many discussions with the NCAA and legal counsel, it was clear that
there was no real opportunity for negotiation and that accepting the Consent Decree was the
best outcome achievable.
Both the Consent Decree and Mark Emmert’s statement at the press conference clearly state
that a multi-year death penalty was being considered by the NCAA. The University seriously
considered and accepted the NCAA’s Consent Decree to avoid greater penalties, including a
multi-year death penalty.
As part of the choice between the Consent Decree or not to play football, the University chose
the former. While a painful decision, it was ultimately the best course to accept the imposed
ruling and begin implementing the necessary changes to move forward.
http://www.ncaa.org/
Consultation with the Board of Trustees
President Erickson conferred with the Board of Trustees’ executive committee before accepting
the consent decree as a painful―but ultimately better―alternative to a likely multi-year ban on
football.
Given the timing of t ...
Ed O'Bannon, a former UCLA basketball star, filed a lawsuit against the NCAA in 2009 challenging its rules prohibiting college athletes from being compensated for the use of their names, images, and likenesses. This lawsuit would eventually dismantle the fiction of amateurism in college sports. It led courts to rule that the NCAA's compensation rules represented an illegal restraint of trade. While the lawsuit helped pave the way for college athletes to make money off their NILs, it also brought unintended consequences such as potentially undermining non-revenue sports that rely on subsidies from football and men's basketball.
The push by Northwestern football players to unionize highlights growing calls for reform of the NCAA and college sports system. Current models that treat college athletes as amateurs while the sports generate billions in revenue are increasingly seen as unfair. While the NCAA proposes modest reforms, ongoing lawsuits and pressure may force more radical changes like allowing player compensation or separating big-money sports from universities. The future of college sports is uncertain as athletes demand greater rights and a share of revenue in an increasingly commercialized system.
JRN 589 - The Triumph of NIL / The NCAA Strikes BackRich Hanley
The document summarizes the legal case of Ed O'Bannon vs the NCAA regarding the use of college athletes' names, images, and likenesses in video games and other media without compensation. O'Bannon, a former UCLA basketball player, filed a lawsuit in 2009 arguing this violated antitrust laws. The case established that NCAA compensation rules were an illegal restraint of trade. It paved the way for athletes to be paid for NIL rights, though the full implications were not realized until Justice Kavanaugh's concurring opinion in 2021 further questioned the NCAA's definition of amateurism. The case eliminated the fiction of amateurism in college sports.
- The document discusses the debate around whether or not college athletes should be paid for playing their sport.
- Some of the key arguments made include that many universities cannot afford to pay athletes given they do not make a profit from sports programs. Additionally, it would not be fair to only pay athletes in the revenue sports of football and basketball.
- However, paying athletes could promote better academic performance if compensation was tied to maintaining a minimum GPA. The College Athlete Protection Act is also discussed as it would provide educational benefits rather than direct cash payments.
The document discusses the debate around unionization of student athletes from multiple perspectives. It presents arguments that student athletes should not be paid since their education is already covered by scholarships. However, others argue student athletes deserve income since most cannot work and need to cover injury-related expenses. The document also examines a case where football players at Northwestern University petitioned to unionize over health concerns from brain injuries. Overall, the document shows there are valid arguments on both sides of the issue and that the outcome is unclear.
This document provides a historical overview of how football has evolved over the decades from the 1840s to the present. It discusses changes in the sport for players of different ages, such as the introduction of the forward pass and increased professionalization. The summary also notes how football has become more inclusive of Black players, women, and LGBTQ people. However, it comments that further progress is still needed in coaching diversity. The document concludes by discussing how football continues to be a source of community and tradition in American culture.
This document summarizes a lecture about the history and evolution of American football. It discusses how football originated in the late 19th century at elite universities and grew tremendously in popularity over the following decades. Key figures like Knute Rockne helped spread the game. The sport faced criticism over violence and injuries but adapted rules while maintaining widespread fan interest. In modern times, the game continues to grapple with the physical toll it takes on players' health and concerns over associated risks like binge drinking.
This document discusses the evolution of football in the late 20th century. It describes how the NFL continued to grow in popularity in the 1990s and experiments with new offensive schemes. It also covers how college football saw changes like freshman eligibility and scholarship rules. Specifically, it outlines how Howard Schnellenberger transformed Miami's program in the 1980s to focus on local recruiting and a pro-style offense. This helped launch Miami as a dynasty under Schnellenberger and later Jimmy Johnson. It also describes how the run and shoot offense was pioneered at schools like Houston behind coaches like Mouse Davis and Andre Ware.
This document summarizes how the game of football has evolved over time from the 1840s to the present day. It discusses changes in rules, player demographics, coaching demographics, the rise of analytics, and the growing participation of women and girls in flag football. While issues around diversity in coaching still remain, the document highlights progress that has been made and how the 10-year old today would see a much more inclusive version of the sport compared to generations past.
This lecture discusses how college and NFL football offenses have evolved over the past few decades to focus more on passing and scoring points. Spread offenses like the run-and-shoot and air raid have been adopted and refined. Rule changes and advances in turf and facilities have also enabled higher scoring. Fantasy football became hugely popular online, driving more viewership. NFL teams have also increasingly relocated and conferences realigned for financial reasons.
The document discusses the issue of college sports sponsorships with online sports gambling companies. It notes that while such deals provide revenue for athletic departments, they present moral dilemmas around exploiting and harming students. Some universities have modified or ended sponsorship deals after public backlash over targeting students with promotional codes and access to personal information. Politicians have also expressed concerns that colleges are not adequately supporting students who may develop gambling addictions. The gaming industry argues alumni sponsorships are acceptable but their self-imposed code of conduct on college partnerships is not enforceable.
JRN 589 - Concussions II / Female AthletesRich Hanley
Female athletes have been underrepresented in concussion studies, with some studies including no female participants. As a result, concussion protocols and treatment have largely focused on male athletes and may not adequately address the needs of female athletes. Several recent studies found that females have higher concussion rates than males in some sports, experience more severe symptoms, and have worse outcomes. However, females remain an understudied population. Including more female athletes in concussion research is needed to develop gender-specific guidelines and improve treatment for all athletes.
Concussions have been documented in football since the 19th century, but it was not until 1994 that the NFL began taking them seriously by forming a committee to study their causes and effects. Studies from the late 19th century onwards found high concussion rates in football players and warnings of long term neurological consequences. However, the game continued without warnings until lawsuits in the 2010s forced acknowledgement of the link to chronic traumatic encephalopathy. Modern players are larger and faster, but rule changes aim to reduce head impacts despite 99% of examined NFL player brains showing signs of CTE.
More Related Content
Similar to JRN 589 - Supreme Court to NCAA: Drop Dead
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, others believe this could unfairly benefit some students and change the nature of college sports scholarships. The issue is divisive with reasonable perspectives on both sides.
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, others believe this could unfairly benefit some students and change the nature of college sports scholarships. The issue is divisive with reasonable perspectives on both sides.
The document discusses arguments around paying NCAA athletes. It summarizes Michael Dobie's argument that NCAA athletes should be compensated for generating billions in revenue for their schools. It also references other sources that support this, including a lawsuit filed by college athletes and articles by Chris Dufresne and Bob Raissman arguing players deserve pay. However, opponents believe this could increase costs for other students and change the nature of college sports. The document examines perspectives from both sides of the complex debate.
Fact Sheet on Penn State NCAA Sanctions Below please see.docxssuser454af01
Fact Sheet on Penn State NCAA Sanctions
Below please see information regarding recent decisions surrounding the NCAA-imposed
sanctions on Penn State.
How Does the NCAA Work?
The NCAA is a membership and a rules-based organization―rules which a member institution
must abide by to join. The NCAA’s rules can be found at www.ncaa.org. NCAA enforcement staff
holds member institutions accountable by seeking out and processing information about
possible violations of NCAA rules.
i
The NCAA controls member institution ability to participate.
Institutions fulfill their membership obligation by fully cooperating with enforcement staff,
Infractions and Infractions Appeals Committees; disclosing to the enforcement staff all relevant
information regarding potential violations; and protecting the integrity of the investigation (i.e.,
limiting information disclosure relevant to the investigation).
ii
NCAA Sanctions Overview
On July 23, the NCAA announced their penalties and corrective actions against Penn State which
include:
o A University payment of $60 million over five years into a special endowment created to fund
programs that prevent child sexual abuse and assist victims of child sexual abuse.
o A four year ban on post-season football games, and a scholarship reduction. All Penn State
football wins from 1998-2011 will be vacated.
o The University must enter into an Athletic Integrity Agreement and engage a third-party
monitor to oversee compliance with the AIA and the NCAA’s constitution and bylaws. Former
Maine Senator, George Mitchell, was named as the NCAA’s third-party monitor.
o A five-year probationary period.
NCAA Consent Decree Acceptance
Penn State President Rodney Erickson, with input from legal counsel and members of the
executive committee of the Board of Trustees, accepted the NCAA-imposed penalties.
After much deliberation and many discussions with the NCAA and legal counsel, it was clear that
there was no real opportunity for negotiation and that accepting the Consent Decree was the
best outcome achievable.
Both the Consent Decree and Mark Emmert’s statement at the press conference clearly state
that a multi-year death penalty was being considered by the NCAA. The University seriously
considered and accepted the NCAA’s Consent Decree to avoid greater penalties, including a
multi-year death penalty.
As part of the choice between the Consent Decree or not to play football, the University chose
the former. While a painful decision, it was ultimately the best course to accept the imposed
ruling and begin implementing the necessary changes to move forward.
http://www.ncaa.org/
Consultation with the Board of Trustees
President Erickson conferred with the Board of Trustees’ executive committee before accepting
the consent decree as a painful―but ultimately better―alternative to a likely multi-year ban on
football.
Given the timing of t ...
Ed O'Bannon, a former UCLA basketball star, filed a lawsuit against the NCAA in 2009 challenging its rules prohibiting college athletes from being compensated for the use of their names, images, and likenesses. This lawsuit would eventually dismantle the fiction of amateurism in college sports. It led courts to rule that the NCAA's compensation rules represented an illegal restraint of trade. While the lawsuit helped pave the way for college athletes to make money off their NILs, it also brought unintended consequences such as potentially undermining non-revenue sports that rely on subsidies from football and men's basketball.
The push by Northwestern football players to unionize highlights growing calls for reform of the NCAA and college sports system. Current models that treat college athletes as amateurs while the sports generate billions in revenue are increasingly seen as unfair. While the NCAA proposes modest reforms, ongoing lawsuits and pressure may force more radical changes like allowing player compensation or separating big-money sports from universities. The future of college sports is uncertain as athletes demand greater rights and a share of revenue in an increasingly commercialized system.
JRN 589 - The Triumph of NIL / The NCAA Strikes BackRich Hanley
The document summarizes the legal case of Ed O'Bannon vs the NCAA regarding the use of college athletes' names, images, and likenesses in video games and other media without compensation. O'Bannon, a former UCLA basketball player, filed a lawsuit in 2009 arguing this violated antitrust laws. The case established that NCAA compensation rules were an illegal restraint of trade. It paved the way for athletes to be paid for NIL rights, though the full implications were not realized until Justice Kavanaugh's concurring opinion in 2021 further questioned the NCAA's definition of amateurism. The case eliminated the fiction of amateurism in college sports.
- The document discusses the debate around whether or not college athletes should be paid for playing their sport.
- Some of the key arguments made include that many universities cannot afford to pay athletes given they do not make a profit from sports programs. Additionally, it would not be fair to only pay athletes in the revenue sports of football and basketball.
- However, paying athletes could promote better academic performance if compensation was tied to maintaining a minimum GPA. The College Athlete Protection Act is also discussed as it would provide educational benefits rather than direct cash payments.
The document discusses the debate around unionization of student athletes from multiple perspectives. It presents arguments that student athletes should not be paid since their education is already covered by scholarships. However, others argue student athletes deserve income since most cannot work and need to cover injury-related expenses. The document also examines a case where football players at Northwestern University petitioned to unionize over health concerns from brain injuries. Overall, the document shows there are valid arguments on both sides of the issue and that the outcome is unclear.
Similar to JRN 589 - Supreme Court to NCAA: Drop Dead (10)
This document provides a historical overview of how football has evolved over the decades from the 1840s to the present. It discusses changes in the sport for players of different ages, such as the introduction of the forward pass and increased professionalization. The summary also notes how football has become more inclusive of Black players, women, and LGBTQ people. However, it comments that further progress is still needed in coaching diversity. The document concludes by discussing how football continues to be a source of community and tradition in American culture.
This document summarizes a lecture about the history and evolution of American football. It discusses how football originated in the late 19th century at elite universities and grew tremendously in popularity over the following decades. Key figures like Knute Rockne helped spread the game. The sport faced criticism over violence and injuries but adapted rules while maintaining widespread fan interest. In modern times, the game continues to grapple with the physical toll it takes on players' health and concerns over associated risks like binge drinking.
This document discusses the evolution of football in the late 20th century. It describes how the NFL continued to grow in popularity in the 1990s and experiments with new offensive schemes. It also covers how college football saw changes like freshman eligibility and scholarship rules. Specifically, it outlines how Howard Schnellenberger transformed Miami's program in the 1980s to focus on local recruiting and a pro-style offense. This helped launch Miami as a dynasty under Schnellenberger and later Jimmy Johnson. It also describes how the run and shoot offense was pioneered at schools like Houston behind coaches like Mouse Davis and Andre Ware.
This document summarizes how the game of football has evolved over time from the 1840s to the present day. It discusses changes in rules, player demographics, coaching demographics, the rise of analytics, and the growing participation of women and girls in flag football. While issues around diversity in coaching still remain, the document highlights progress that has been made and how the 10-year old today would see a much more inclusive version of the sport compared to generations past.
This lecture discusses how college and NFL football offenses have evolved over the past few decades to focus more on passing and scoring points. Spread offenses like the run-and-shoot and air raid have been adopted and refined. Rule changes and advances in turf and facilities have also enabled higher scoring. Fantasy football became hugely popular online, driving more viewership. NFL teams have also increasingly relocated and conferences realigned for financial reasons.
The document discusses the issue of college sports sponsorships with online sports gambling companies. It notes that while such deals provide revenue for athletic departments, they present moral dilemmas around exploiting and harming students. Some universities have modified or ended sponsorship deals after public backlash over targeting students with promotional codes and access to personal information. Politicians have also expressed concerns that colleges are not adequately supporting students who may develop gambling addictions. The gaming industry argues alumni sponsorships are acceptable but their self-imposed code of conduct on college partnerships is not enforceable.
JRN 589 - Concussions II / Female AthletesRich Hanley
Female athletes have been underrepresented in concussion studies, with some studies including no female participants. As a result, concussion protocols and treatment have largely focused on male athletes and may not adequately address the needs of female athletes. Several recent studies found that females have higher concussion rates than males in some sports, experience more severe symptoms, and have worse outcomes. However, females remain an understudied population. Including more female athletes in concussion research is needed to develop gender-specific guidelines and improve treatment for all athletes.
Concussions have been documented in football since the 19th century, but it was not until 1994 that the NFL began taking them seriously by forming a committee to study their causes and effects. Studies from the late 19th century onwards found high concussion rates in football players and warnings of long term neurological consequences. However, the game continued without warnings until lawsuits in the 2010s forced acknowledgement of the link to chronic traumatic encephalopathy. Modern players are larger and faster, but rule changes aim to reduce head impacts despite 99% of examined NFL player brains showing signs of CTE.
JRN 589 - Brian Flores and Eric BIeniemyRich Hanley
- Brian Flores sued the NFL in 2022 for racial discrimination in its hiring practices of Black head coaches. A judge ruled Flores' case against the Broncos, Giants, and Texans can proceed to trial, as he alleges they conducted "sham interviews" under the Rooney Rule.
- The Rooney Rule requires teams to interview minority candidates for head coaching and front office positions, but Flores argues it has not worked as intended and teams still discriminate.
- Eric Bieniemy, the Chiefs' offensive coordinator, continues to be passed over for head coaching jobs despite his success, like previous white coordinators under Andy Reid receiving roles. A study found Black coordinators face disadvantages in the attributes historically
Here is the presentation that accompanied the lecture on the history of segregation in the NFL and college football to serve as background to the sequence on Black coaches in the NFL and college football.
The document discusses the origins and evolution of the concept of amateurism in sports. It traces how British historians in the 18th-19th centuries misinterpreted and fictionalized accounts of amateurism in ancient Greek athletics for political and class-related reasons. This myth of Greek amateurism was then propagated through works like Tom Brown's Schooldays and influenced the founding of the modern Olympic Games with their focus on amateurism. Key figures like Walter Camp and Pierre de Coubertin helped spread this myth in America and further shape the ideology of amateurism in sport, despite it having little basis in the actual practices of ancient Greek athletes.
This document summarizes how the game of football has evolved over time from the 1840s to the present day. It discusses changes in rules, player demographics, the growth of analytics, and the increasing involvement of women and minorities. While the basic elements of carrying an air-filled bladder across a line remain the same, football continues to reflect the broader social and cultural changes happening in America.
This document summarizes the history and evolution of football in the United States. It discusses how football originated at Harvard in the late 1800s and grew tremendously in popularity through the early 1900s. It became firmly established as a national tradition and pastime. The document also notes how the sport has changed over time through rule modifications to improve safety as well as the diminished but still important roles of kicking in modern football.
This lecture discusses how football has evolved on and off the field over the last few decades. Off the field, both college and pro football have adapted to technological changes to make the game more popular on TV. On the field, spread offenses like the run-and-shoot and air raid have led to explosive increases in scoring. Conference realignments and the creation of a playoff system have also changed the structure of college football. Fantasy football has hugely grown the audience for the NFL by incentivizing fans to watch more games.
This document discusses various proposed solutions to disinformation and their flaws. It outlines four main solutions: media literacy, content moderation, prebunking, and truth sandwiches. For each solution, it notes limitations such as the difficulty of teaching critical thinking, biases in content moderation, and how disinformation operators exploit journalistic standards of balance. The conclusion states that while no solution is perfect, the goal should be finding approaches that are good enough to contain disinformation without needing to be perfect.
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Find out more about ISO training and certification services
Training: ISO/IEC 27001 Information Security Management System - EN | PECB
ISO/IEC 42001 Artificial Intelligence Management System - EN | PECB
General Data Protection Regulation (GDPR) - Training Courses - EN | PECB
Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
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Slideshare: http://www.slideshare.net/PECBCERTIFICATION
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
2. Supreme Court to NCAA: Drop Dead
On June 21, 2021, the U.S.
Supreme Court unanimously
rejected the NCAA’s definition of
amateurism, one that had
changed over more than 100
years of overseeing men’s college
football and other sports.
3. Supreme Court to NCAA: Drop Dead
The decision did not directly
address the name, image and
likeness as the case focused on
benefits related to education, but
the NCAA quickly decided to
abandon any efforts to ban
student-athletes from earning
money from sponsorship deals.
4. Supreme Court to NCAA: Drop Dead
Yet what could cause lasting
changes to collegiate sports
oversight is evident in the
concurring opinion of Associate
Justice Brett Kavanaugh filed with
the opinion by Associate Justice
Neil Gorsuch supporting the
unanimous decision.
A concurring opinion is a view
offered by a justice in support of
the majority decision.
5. Supreme Court to NCAA: Drop Dead
Kavanaugh pulled no punches and
argued relentlessly that the NCAA
had been acting as a lawless
organization under the cover of a
misguided concept of
amateurism.
His withering criticism sent the
NCAA running for cover from
Congress to keep it alive.
6. Supreme Court to NCAA: Drop Dead
“The NCAA has long restricted the
compensation and benefits that
student athletes may receive. And
with surprising success, the NCAA
has long shielded its
compensation rules from ordinary
antitrust scrutiny. Today, however,
the Court holds that the NCAA has
violated the antitrust laws,”
Kavanaugh wrote in his opening.
7. Supreme Court to NCAA: Drop Dead
“The Court’s decision marks an
important and overdue course
correction, and I join the Court’s
excellent opinion in full,”
Kavanaugh added.
Then he stared down the NCAA
and its inglorious history of
manipulating the concept of
amateurism for the benefit of its
member institutions, not student-
athletes.
8. Supreme Court to NCAA: Drop Dead
Kavanaugh went on to state in
effect that the court’s unanimous
decision didn’t go far enough. He
wrote that the decision focused
on “only a narrow subset of the
NCAA’s compensation rules—
namely, the rules restricting the
education-related benefits that
student athletes may receive, such
as post-eligibility scholarships at
graduate or vocational schools.”
9. Supreme Court to NCAA: Drop Dead
He pointed out that other NCAA
compensation rules remain in
effect and that those “restrict
student athletes from receiving
compensation or benefits from
their colleges for playing sports.
And those rules have also
historically restricted student
athletes from receiving money
from endorsement deals and the
like.”
10. Supreme Court to NCAA: Drop Dead
Kavanaugh proceeds to effectively
extend the court’s ruling to cover
benefits not associated with
education in his concurring
opinion.
11. Supreme Court to NCAA: Drop Dead
“I add this concurring opinion to
underscore that the NCAA’s
remaining compensation rules
also raise serious questions under
the antitrust laws,” he wrote
before launching into a legal
argument as to why the NCAA’s
compensation limits suggest it
thinks it operates above the law.
12. Supreme Court to NCAA: Drop Dead
That marks the first time that a
federal government entity – the
judiciary branch of government in
this case – essentially concluded
that the NCAA was operating an
illegal operation in its exploitation
of student-athletes.
It’s important to note that
concurring opinions are not taken
likely and are cited in court
opinions in related cases.
13. Supreme Court to NCAA: Drop Dead
Kavanaugh points to the fact the
NCAA v. Alston decision did not
“address the legality of the NCAA’s
remaining compensation rules.”
Those rules, he wrote, must be
subjected to the rule of reason, a
judicial doctrine that states
“antitrust law needs to be applied
only to the unreasonable
restraints of trade,” according to
Black’s Law Dictionary
14. Supreme Court to NCAA: Drop Dead
Kavanaugh wrote: “The NCAA’s
remaining compensation rules
should be subject to ordinary rule
of reason scrutiny.”
In other words, if the court found
that the NCAA violated the rule of
reason in restricting
compensation to education-
related benefits, it’s violating the
rule in other compensation limits.
15. Supreme Court to NCAA: Drop Dead
“Under the rule of reason, the
NCAA must supply a legally valid
procompetitive justification for its
remaining compensation rules. As
I see it, however, the NCAA may
lack such a justification,” wrote
Kavanaugh.
16. Supreme Court to NCAA: Drop Dead
The interpretation of that? The
NCAA can’t restrict any
compensation the student-athlete
seeks, which means the definition
of amateurism is dead as the
organization can’t restrict
compensation of any kind.
Thus names, images and
likenesses compensation should
not be perceived under the law as
the only benefit.
17. Supreme Court to NCAA: Drop Dead
“The NCAA acknowledges that it
controls the market for college
athletes. The NCAA concedes that
its compensation rules set the
price of student athlete labor at a
below-market rate. And the NCAA
recognizes that student athletes
currently have no meaningful
ability to negotiate with the NCAA
over the compensation rules,”
Kavanaugh wrote.
18. Supreme Court to NCAA: Drop Dead
The NCAA’s defense that its
product is amateur sports, and
this it must control the definition
of that to protect its business is
absurd, according to Kavanaugh’s
thesis.
19. Supreme Court to NCAA: Drop Dead
“The NCAA nonetheless asserts
that its compensation rules are
procompetitive because those
rules help define the product of
college sports. Specifically, the
NCAA says that colleges may
decline to pay student athletes
because the defining feature of
college sports, according to the
NCAA, is that the student athletes
are not paid,” Kavanaugh wrote.
20. Supreme Court to NCAA: Drop Dead
After questioning the NCAA’s
business model on that point,
Kavanaugh eviscerates the
organization, showing the
absurdity of its model of
amateurism.
21. Supreme Court to NCAA: Drop Dead
“The NCAA couches its arguments
for not paying student athletes in
innocuous labels,” Kavanaugh
wrote. “But the labels cannot
disguise the reality: The NCAA’s
business model would be flatly
illegal in almost any other industry
in America.”
22. Supreme Court to NCAA: Drop Dead
In short, the NCAA has been
operating an illegal enterprise
since 1906, effectively practicing
what amounts to wage theft
under the camouflage of
amateurism.
[It would not be surprising to see
hundreds of thousands of former
NCAA athletes asking a federal
court for compensation from the
NCAA at some point soon]
23. Supreme Court to NCAA: Drop Dead
Kavanaugh then lists other
industries where the NCAA’s
practice would be illegal.
24. Supreme Court to NCAA: Drop Dead
“All of the restaurants in a region
cannot come together to cut
cooks’ wages on the theory that
“customers prefer” to eat food
from low-paid cooks,” Kavanaugh
wrote.
25. Supreme Court to NCAA: Drop Dead
“Law firms cannot conspire to
cabin lawyers’ salaries in the
name of providing legal services
out of a ‘love of the law.’ ,”
Kavanaugh added.
26. Supreme Court to NCAA: Drop Dead
“Hospitals cannot agree to cap
nurses’ income in order to create
a “purer” form of helping the
sick,” Kavanaugh continued.
27. Supreme Court to NCAA: Drop Dead
“News organizations cannot join
forces to curtail pay to reporters
to preserve a “tradition” of public-
minded journalism,” Kavanaugh
pointed out.
28. Supreme Court to NCAA: Drop Dead
“Movie studios cannot collude to
slash benefits to camera crews to
kindle a ‘spirit of amateurism’ in
Hollywood,” Kavanaugh wrote in
the final example of his pointed
critique of the NCAA’s attitude
toward student-athletes, making
sure to cite “amateurism” in that
context.
29. Supreme Court to NCAA: Drop Dead
Kavanaugh concluded that
segment of his argument with
what he interpreted as an obvious
situation:
“Price-fixing labor is price-fixing
labor. And price-fixing labor is
ordinarily a textbook antitrust
problem because it extinguishes
the free market in which
individuals can otherwise obtain
fair compensation for their work.”
30. Supreme Court to NCAA: Drop Dead
Driven by the momentum of his
argument, Kavanaugh lashes out
at the NCAA, its member
institutions and academic and
athletic administrators who
permitted the wage theft to
happen.
31. Supreme Court to NCAA: Drop Dead
“The bottom line is that the NCAA
and its member colleges are
suppressing the pay of student
athletes who collectively generate
billions of dollars in revenues for
colleges every year,” he wrote.
“Those enormous sums of money
flow to seemingly everyone except
the student athletes.”
32. Supreme Court to NCAA: Drop Dead
Kavanaugh, who sides with the
conservative majority in most
cases, implied that the NCAA’s
compensation structure may, in
fact, be somewhat racist as it
disproportionally hurts Black
athletes who otherwise would
earn generational wealth for their
families as well as harmful to all
student-athletes from low-income
households.
33. Supreme Court to NCAA: Drop Dead
“College presidents, athletic
directors, coaches, conference
commissioners, and NCAA
executives take in six- and seven-
figure salaries. Colleges build
lavish new facilities. But the
student athletes who generate the
revenues, many of whom are
African American and from lower-
income backgrounds end up with
little or nothing,” he wrote.
34. Supreme Court to NCAA: Drop Dead
Kavanaugh returns to his opening
segment about the implications
for the NCAA under antitrust
provisions.
“Everyone agrees that the NCAA
can require student athletes to be
enrolled students in good
standing,” he wrote.
35. Supreme Court to NCAA: Drop Dead
“But the NCAA’s business model
of using unpaid student athletes
to generate billions of dollars in
revenue for the colleges raises
serious questions under the
antitrust laws,” he wrote.
36. Supreme Court to NCAA: Drop Dead
Kavanaugh then deploys
impeccable logic to attack current
NCAA compensation rules:
37. Supreme Court to NCAA: Drop Dead
“In particular, it is highly
questionable whether the NCAA
and its member colleges can
justify not paying student athletes
a fair share of the revenues on the
circular theory that the defining
characteristic of college sports is
that the colleges do not pay
student athletes …
38. Supreme Court to NCAA: Drop Dead
“And if that asserted justification
is unavailing, it is not clear how
the NCAA can legally defend its
remaining compensation rules,”
he concluded in yet another blow
he struck against the NCAA’s
concept of amateurism.
39. Supreme Court to NCAA: Drop Dead
Kavanaugh expressed sympathy
with student-athletes
participating in non-revenue
sports, and he raised questions on
that score on how they could
share in any fair compensation
system.
40. Supreme Court to NCAA: Drop Dead
“Of course, those difficult
questions could be resolved in
ways other than litigation.
Legislation would be one option,”
he suggested.
41. Supreme Court to NCAA: Drop Dead
“Or colleges and student athletes
could potentially engage in
collective bargaining (or seek
some other negotiated
agreement) to provide student
athletes a fairer share of the
revenues that they generate for
their colleges” in a structure like
pro sports that share revenue, he
wrote.
42. Supreme Court to NCAA: Drop Dead
Kavanaugh pointed to the
traditions that college athletics
maintain but said these are not
enough to justify the NCAA’s
“massive money-raising
enterprise” built on the “backs of
student athletes who are not fairly
compensated.”
43. Supreme Court to NCAA: Drop Dead
“Nowhere else in America can
businesses get away with agreeing
not to pay their workers a fair
market rate on the theory that
their product is defined by not
paying their workers a fair market
rate,” he wrote in yet another
attack on the concept of
amateurism.
44. Supreme Court to NCAA: Drop Dead
Kavanaugh drops the mic with his
closing sentence:
“The NCAA is not above the law,”
he wrote.
And the question now is how can
the NCAA exist within the law and
survive within the reality of the
death of amateurism?