Download or read book O Bannon V National Collegiate Athletic Association written by Michael A. Carrier and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In O'Bannon v. National Collegiate Athletic Ass'n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O'Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA's vigorous pending appeal and the views of certain amici, and to explain our strong support for the result at trial. Reversal of Judge Wilken's comprehensive and thoughtful decision would thwart needed changes just as colleges are beginning to embrace them and would be mistaken as a matter of law. O'Bannon is a correct, justifiable, garden-variety rule-of-reason opinion and should be affirmed by the Ninth Circuit.
Download or read book Court Justice written by Ed O'Bannon and published by Diversion Books. This book was released on 2018-02-13 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Like Curt Flood and Oscar Robertson, who paved the way for free agency in sports, Ed O’Bannon decided there was a principle at stake... O’Bannon gave the movement to reform college sports...passion and purpose, animated by righteous indignation.” —Jeremy Schaap, ESPN journalist and New York Times bestselling author In 2009, Ed O’Bannon, once a star for the 1995 NCAA Champion UCLA Bruins and a first-round NBA draft pick, thought he’d made peace with the NCAA’s exploitive system of “amateurism.” College athletes generated huge profits, yet—training nearly full-time, forced to tailor coursework around sports, often pawns in corrupt investigations—they saw little from those riches other than revocable scholarships and miniscule chances of going pro. Still, that was all in O’Bannon’s past...until he saw the video game NCAA Basketball 09. As avatars of their college selves—their likenesses, achievements, and playing styles—O’Bannon and his teammates were still making money for the NCAA. So, when asked to fight the system for players past, present, and future—and seeking no personal financial reward, but rather the chance to make college sports more fair—he agreed to be the face of what became a landmark class-action lawsuit. Court Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. From the basketball court to the court of law facing NCAA executives, athletic directors, and “expert” witnesses; and finally to his innovative ideas for reform, O’Bannon breaks down history’s most important victory yet against the inequitable model of multi-billion-dollar “amateur” sports.
Download or read book Unsportsmanlike Conduct written by Walter Byers and published by University of Michigan Press. This book was released on 1997-08-27 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA challenge to the present system of college athletics /div
Download or read book Schubert V National Collegiate Athletic Association written by and published by . This book was released on 1974 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indentured written by Joe Nocera and published by Penguin. This book was released on 2016-02-16 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: “How can the NCAA blithely wreck careers without regard to due process or common fairness? How can it act so ruthlessly to enforce rules that are so petty? Why won’t anybody stand up to these outrageous violations of American values and American justice?” In the four years since Joe Nocera asked those questions in a controversial New York Times column, the National Collegiate Athletic Association has come under fire. Fans have begun to realize that the athletes involved in the two biggest college sports, men’s basketball and football, are little more than indentured servants. Millions of teenagers accept scholarships to chase their dreams of fame and fortune—at the price of absolute submission to the whims of an organization that puts their interests dead last. For about 5 percent of top-division players, college ends with a golden ticket to the NFL or the NBA. But what about the overwhelming majority who never turn pro? They don’t earn a dime from the estimated $13 billion generated annually by college sports—an ocean of cash that enriches schools, conferences, coaches, TV networks, and apparel companies . . . everyone except those who give their blood and sweat to entertain the fans. Indentured tells the dramatic story of a loose-knit group of rebels who decided to fight the hypocrisy of the NCAA, which blathers endlessly about the purity of its “student-athletes” while exploiting many of them: The ones who get injured and drop out because their scholarships have been revoked. The ones who will neither graduate nor go pro. The ones who live in terror of accidentally violating some obscure rule in the four-hundred-page NCAA rulebook. Joe Nocera and Ben Strauss take us into the inner circle of the NCAA’s fiercest enemies. You’ll meet, among others . . . ·Sonny Vaccaro, the charismatic sports marketer who convinced Nike to sign Michael Jordan. Disgusted by how the NCAA treated athletes, Vaccaro used his intimate knowledge of its secrets to blow the whistle in a major legal case. ·Ed O’Bannon, the former UCLA basketball star who realized, years after leaving college, that the NCAA was profiting from a video game using his image. His lawsuit led to an unprecedented antitrust ruling. ·Ramogi Huma, the founder of the National College Players Association, who dared to think that college players should have the same collective bargaining rights as other Americans. ·Andy Schwarz, the controversial economist who looked behind the façade of the NCAA and saw it for what it is: a cartel that violates our core values of free enterprise. Indentured reveals how these and other renegades, working sometimes in concert and sometimes alone, are fighting for justice in the bare-knuckles world of college sports.
Download or read book Why and How the Supreme Court Should Have Decided O Bannon V NCAA written by Matt Mitten and published by . This book was released on 2017 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite requests by both parties, the United States Supreme Court refused to grant a writ of certiorari in O'Bannon v. NCAA, the first federal appellate court decision holding that an NCAA student-athlete eligibility rule violates section 1 of the Sherman Act. The Ninth Circuit ruled that NCAA rules prohibiting intercollegiate athletes from receiving any revenue from videogames and telecasts incorporating their names, images, or likenesses unreasonably restrain economic competition among its member universities in the college education market in which these athletes purchase higher education services and sell their athletic services, which violates federal antitrust law. Circuit court rulings conflict regarding whether student-athlete eligibility rules are commercial restraints subject to the Sherman Act, and lower courts have inconsistently interpreted and applied NCAA v Board of Regents of University of Oklahoma, the Supreme Court's only intercollegiate athletics antitrust law precedent. The Supreme Court's refusal to resolve this conflict continues the significant judicial confusion regarding how antitrust law constrains the NCAA's governance of intercollegiate athletics, which has evolved into a multibillion dollar part of the entertainment industry with millions of fans and more than 450,000 student-athletes. Its decision not to do also creates uncertainty regarding how lower courts will resolve pending antitrust challenges to other NCAA amateurism rules and input market restraints such as limits on the duration and maximum number of athletic scholarships per sport as well as transfer rules. This article makes some recommendations for applying section 1 to NCAA student-athlete eligibility rules and input market restraints, which will better promote consumer welfare, protect student-athletes' economic rights, and permit the NCAA to promote the unique features of intercollegiate sports without unwarranted judicial micromanagement.
Download or read book In the Arena written by Joseph N. Crowley and published by . This book was released on 2006 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economics of College Sports written by John L. Fizel and published by Bloomsbury Publishing USA. This book was released on 2004-03-30 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Operating behind a veil of amateurism, the NCAA and collegiate athletic departments oversee big business sports programs. These entities generate revenues comparable to professional sports, practice and play in facilities that rival those found in professional sports, and pay their top coaches salaries comparable to the salaries paid to coaches of professional sports teams. Athletes are courted with lavish stadiums, training facilities, and locker rooms. Customers are wooed with branded apparel, videos, logos, and advertisements. Business interests are captured with stadium billboards, electronic ads on scoreboards, sponsorship of bowl games, logos on uniforms, and exclusive apparel and equipment contracts. Where do, or should, these lucrative athletic ventures fit in the mission of higher education? To what extent is the central mission of creating an environment for learning and extending the frontiers of knowledge enhanced or limited by college sports? Are declarations by the NCAA to promote amateurism and competitive balance supportive of the university mission? Does the NCAA even follow its purported objectives? The Economics of College Sports contains both empirical and theoretical research to address these and related issues. Perhaps the most unique contributions focus on the interactions between legal and institutional aspects of the NCAA and their impact on the objectives and goals of university education; all of the contributions provide insights that will generate significant discussion about the policies necessary to sustain the vitality and integrity of the university education-sports coalition.
Download or read book Big Time Sports in American Universities written by Charles T. Clotfelter and published by Cambridge University Press. This book was released on 2019-02-21 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expands on the argument that spectator sports, despite their problems, have become a central function of American universities.
Download or read book The Potential Unintended Consequences of the O Bannon Decision written by Matthew J. Parlow and published by . This book was released on 2015 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in college athlete pay may be a harbinger of more dramatic and structural changes to come in the college athletic system. While this Essay does not take a normative position on the legal or economic justifications for such a possible change in intercollegiate athletics, it does seek to describe some of the potential unintended consequences of a free(r) marketplace for student-athlete services. In particular, this Essay analyzes the possible implications and impact on Title IX, as well as college athletic opportunities and values more generally. In doing so, this Essay attempts to explain why the court's more cautious approach may be needed going forward to balance the varied interest in the college athletic system.
Download or read book Sports and the Law written by Paul C. Weiler and published by West Academic Publishing. This book was released on 2004 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various aspects of professional sports, including the unique office of the league commissioner, the many contract, antitrust, and labor law dimensions of the player-labor market, and the peculiar institution of the player agent in a unionized industry. Looks at the system of college athletics governed by the NCAA and how law impacts individual sports like golf, tennis, boxing, and the motor sports, as well as the structure and operation of international Olympic sports. Also focuses on tort and criminal law issues arising out of the personal injuries caused by sports.
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Prelude to Jenkins V NCAA written by Marc Edelman and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On September 30, 2015, the United States Court of Appeals for the Ninth Circuit held in O'Bannon v. National Collegiate Athletic Association that the National Collegiate Athletic Association (“NCAA”) violated Section 1 of the Sherman Act by prohibiting member colleges from offering their athletes compensation equal to the full cost of their college attendance. Nevertheless, the O'Bannon decision failed to enjoin the NCAA from maintaining its rules that prevent colleges from paying their athletes directly in cash or with additional in-kind benefits. At present, the antitrust status of the NCAA's “no pay” rules again are the subject of legal challenge in Jenkins v. National Collegiate Athletic Association--a lawsuit that seeks to further overturn the NCAA's amateurism rules that “plac[e] a ceiling on the compensation that may be paid to [college] athletes for their services.” Although the NCAA has claimed that “pay-for-play arrangements would transform the intercollegiate sports model into a minor league in which the virtues of college sports . . . would disappear,” advocates on behalf of players' rights recognize that, even absent pay, the operation of college football and men's basketball already “has the feel of a professional economic machine.” This Article serves as a prelude to the litigation in Jenkins. Part I of this Article provides a brief overview of the current economics of NCAA Division I men's basketball and NCAA Football Bowl Subdivision (“FBS”) football. Part II explores the underlying antitrust challenges to the NCAA's “no pay” rules in both O'Bannon and Jenkins. Finally, Part III explains how the issue of consumer demand applies to the expected antitrust analysis in Jenkins, and why a strong consumer demand survey would help the plaintiffs to prevail in Jenkins.
Download or read book Critical Race Theory Black Athletic Sporting Experiences in the United States written by Billy J. Hawkins and published by Springer. This book was released on 2016-12-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of race in athletic programs in the United States. Intercollegiate athletics remains a contested terrain where race and racism are critical issues often absent in the public discourse. Recently, the economic motives of intercollegiate athletic programs and academic indiscretions have unveiled behaviors that stand to tarnish the images of institutions of higher education and reinforce racial stereotypes about the intellectual inabilities of Black males. Through the lens of Critical Race Theory (CRT), this volume analyzes sport as the platform that reflects and reinforces ideas about race within American culture, as well as the platform where resistance is forged against dominant racial ideologies.
Download or read book Law for Recreation and Sport Managers written by Doyice Cotten and published by . This book was released on 2010 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Identity Crisis written by James A. Johnson and published by . This book was released on 2014 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article sets out the development of the landmark case of former UCLA basketball star Ed O' Bannon who is suing the NCAA. O'Bannon questions the NCAA's bylaws and procedures regarding payment of student athletes. The pivotal question rests on the NCAA's use of athlete's name, image or likeness during and after his or her collegiate athletic career.The answer to these questions involves the right of publicity. The right of publicity is a protectible property interest in one's name, identity or persona. Every person-celebrity or non-celebrity - has the right of publicity that is the right to own, protect and commercially exploit one's identity.O'Bannon's antitrust lawsuit against the NCAA challenges the right of the NCAA and others to use commercially student-athletes' likeness without paying them. In November 2013 U.S. District Judge Claudia Wilken of the Northern District of California, partially certified class-action status in O'Bannon v NCAA involving current and future college athletes, but not former ones.It is possible that the NCAA's guiding principle of preserving amateurism and player competition "for the love of the game" at the collegiate level may become a joy of the past.
Download or read book Doing Business on the Internet written by Julian S. Millstein and published by Law Journal Press. This book was released on 2023-04-28 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to Internet business transactions. With over 65 forms and checklists from actual Internet deals and transactions, it's a hands-on guide to the law of Internet commerce.
