Associate Dean + Professor of Law + SELI Director at UNH Franklin Pierce School of Law | Visiting Professor of Law at Harvard Law School | Sportico Legal Analyst | Attorney
This week I'll have a 3-part "Year in Sports Law" series for Sportico.
Part I, The NCAA Amateurism Meltdown, runs today.
What a year it's been for the NCAA, college athletes and conferences. Propelled by legal controversies, massive transformations to the college sports world order are occurring before our eyes.
My take on what happened this year and what those developments mean going forward. Hope you check it out. #sportslaw#sportsbusiness#NCAA#antitrustlaw#employmentlaw#laborlaw
2023 has been an important year in the college sports law world.
Michael McCann does a great job here of summarizing all of the current legal issues facing the NCAA and college athletics.
How these legal proceedings progress in 2024 should tell us a lot about what college athletics will look like in the future.
What we do know is that a new college athletics model is on the way.
#ncaa#sportslaw#collegeathletics#collegeathleteshttps://lnkd.in/gdrFbHgV
NIL stands for name, image, and likeness. Applying NIL to sports allows collegiate athletes to use their talent and popularity for monetary advantage. Learn more about the ever-changing landscape of sports law and how college athletics has played a pivotal role in an athlete’s potential compensation from third-party sources. https://ow.ly/MNPy50SYJjr
If you have interest in recent developments in the world of college athletics, check out the post I wrote for Jackson Lewis’s Collegiate & Professional Sports Law Blog on a new federal lawsuit challenging the NCAA’s transfer eligibility rule:
An Interview with Sports Law Expert Peter Carfagna About the State of Collegiate Athletics
Harvard Law Today recently interviewed sports law professor Peter Carfagna about the state of collegiate athletics.
Among the questions: “Beyond NCAA enforcement action, it’s hard not to notice a considerable amount of open court cases regarding these rules and rights. Can you walk me through some of the ongoing litigation?"
Carfagna's answer appears here:
https://lnkd.in/gvdwHYJT#sportslawyer#sportslaw
Here's what jumps out at me from this article -
"In an effort to ensure NIL payments are actually about the commercial use of athlete’s right of publicity for endorsement, sponsorship, influencing or other promotion—and not pay-for-play or recruiting inducements—the settlement would obligate athletes and their schools to share with a clearinghouse information about NIL deals that exceed $600. Athletes will have the ability to seek advisory opinions about a prospective NIL deal and challenge adverse determinations that their deals are NIL in name only. This review process will involve assessment of fair market value, a controversial metric given that FMV is often difficult to assess. The specifics of this system will require further deliberation and rulemaking."
I can promise you right now that most of the big NIL deals that exist are not based on FMV of the publicity rights being licensed. I think this will have the biggest impact on boosters.
It reminds me of the Stark law in the healthcare field. That statute has FMV requirements to prevent kickbacks. The amount of time and money expended in complying with Stark could pay off the national debt.
I would expect lawsuits about this portion of the settlement agreement (if it is approved). I would also expect a lot of administrative actions at the clearinghouse.
Associate Dean + Professor of Law + SELI Director at UNH Franklin Pierce School of Law | Visiting Professor of Law at Harvard Law School | Sportico Legal Analyst | Attorney
HUGE SPORTS LAW NEWS: The NCAA and attorneys representing college athletes in the House, Hubbard and Carter cases file a historic settlement agreement that, if approved, would transform college sports into pro sports.
But it could face many hurdles along the way.
Here's my deep-dive into the settlement:
Awesome conversation with sports law expert Prof. Peter Carfagna on the erosion of amateurism in college sports and the future of the NCAA. Simply staggering just how much the future of college sports hinges on pending litigation. #NCAA#NIL#MarchMadness#FinalFourHarvard Law School#SportsLaw
Associate Dean + Professor of Law + SELI Director at UNH Franklin Pierce School of Law | Visiting Professor of Law at Harvard Law School | Sportico Legal Analyst | Attorney
Amateurism isn't dead yet in college sports, but it is in the final stage. Courts no longer view it as a "revered tradition." NCAA president Charlie Baker faces hard choices and he needs to act fast. The choice most likely to preserve a meaningful role for the NCAA and withstand legal attack is empowering conferences and settling lawsuits. I discuss in my Monday sports law column for Sportico.
Across the sports industry, from the NBA, the NFL and MLB to national law firms and sports mega-agencies to global sports brands, Tulane Law alumni have taken a decisive hold, and are bringing up recent grads with them. It's pretty hard to beat #tulanelaw's extensive ties in #sportslaw!
Read more ▶️ https://bit.ly/3zLCyRy
Co-Chair, Sports Law Practice, and Counsel at Goulston & Storrs; Adjunct Instructor at Law at Columbia Law School
10moCan’t wait for all the parts. Always inciteful.