Categories
Antitrust Sports Law

The National Collegiate Appeals Association

Per Steve Berkowitz, the NCAA announced that it plans to appeal the recent decision of the 9th U.S. Circuit Court of Appeals to uphold a 2019 decision by Judge Claudia Wilken. This appeal would be reviewed by the U.S. Supreme Court if selected. As leading sports law expert Darren Heitner pointed out, this is far […]

Categories
Right of Publicity

Stop Saying That The NCAA Will Now Allow College Athletes To Profit

October 29, 2019 will either be remembered as the day that the NCAA signified a major shift in its position on whether college athletes should receive compensation in exchange for the commercial use of their names, images and likenesses, or it won’t. The bottom-line is that it is far too early to tell what the […]

Categories
Negligence

Examining The NCAA Concussion Lawsuit Settlement

This past Tuesday, the NCAA and former athletes came to an agreement on a settlement that would appear to effectively put an end to the lawsuit filed by several former athletes approximately three years ago. Pursuant to the agreement, member schools of the NCAA will be required to amend their current concussion-management policies and enact […]

Categories
NCAA Violations

New NCAA Rule Incorporates Doctrine of Vicarious Liability to Head Coaches

The following article was written by Benjamin Haynes, Esq. Starting October 30, 2012, the NCAA will implement a new rule with regards to Head Coach’s responsibilities. The specific rule is NCAA Division I Bylaw 11.1.2.1, which will state: “An institution’s head coach is presumed to be responsible for the actions of all assistant coaches and administrators […]

Categories
NCAA Violations

Summer Time Negligence and NCAA Football: Is Pushing a Player Too Hard Really Worth 10 Million Dollars?

The following article is a guest contribution by Benjamin Haynes, Esq.   Haynes is a former Division 1 Basketball Player at Oral Roberts University and currently practices law in the State of Florida. It’s almost that time of the year, the time of the year when NCAA college football players all across the nation will be padding […]

Categories
NCAA Violations

The Legal Blitz Friday Feature: Demystifying The NCAA’s Blind Eye Toward Hockey Agents

Each Friday we will feature an article from our good friends at The Legal Blitz. Please enjoy the following piece and check out The Legal Blitz when you get a chance! A recent New York Times Op-Ed about a “hockey exemption” to the NCAA’s prohibition on student-athletes hiring agents made it seem as if agents, schools and athletes […]

Categories
Insurance

Is the NCAA Health Insurance Policy Fair For Athletes?

The following article was written by Spencer Wingate. Before 2005, universities were not required by the NCAA to have medical insurance for injured athletes. The NCAA believes by now mandating universities to provide coverage, it is protecting itself from unexpected medical expenses and eliminating misconceptions about policies. It claims its requirements make lawsuits against universities less […]

Categories
Intellectual Property

Judge Denies Former College Athletes Request For TV Contracts, Licensing Agreements, Revenue Reports

The following article was written by Spencer Wingate. Former NCAA athletes were dealt a blow by US Magistrate Judge Nathanael Cousins in their attempt to show that the NCAA forces athletes to relinquish their publicity rights. Bill Russell, Oscar Robertson, and Ed O’Bannon were amongst a group hoping to obtain highly sensitive TV sports contracts and […]

Categories
First Amendment

A First Amendment Look at Limiting Social Media

The following article was written by Cyle Kiger. In “The Right Balance of Social Media,” I explained a few of the legal implications of how the NCAA and universities could look at monitoring social media.  I came to the conclusion that there should be a moderate amount of monitoring, without a complete ban on social media […]

Categories
Law Review/Journal Articles

Problematic Nature of Social Media for the NCAA

The following article was written by Spencer Wingate. Jerry R. Parkinson’s article “The Impact of Social Media on NCAA Infractions Cases” does an excellent job of analyzing the increasing importance of social media for the NCAA. The article demonstrates how new frontiers of communication serve as a mechanism to influence public perception and bring about possible […]