The O’Bannon Decision: How Did Judge Wilken Reach Her Conclusion?

Late Friday, Judge Claudia Wilken issued her much anticipated decision in the O’Bannon v. NCAA case.  In the 99 page ruling, she declared the NCAA’s rules prohibiting compensation to student-athletes for their names, images and likenesses (NILs) to be in violation of federal antitrust law.  Judge Wilken therefore enjoined the NCAA from enforcing any rules which: 1) prohibit schools or conferences from awarding limited portions of NIL revenue to student-athletes above full grant-in-aid, and 2) prohibit schools or conferences from depositing limited portions of NIL revenue in a trust account,...

read more

College Sports Briefing Episode 007: The 1st Amendment Edition

Podcast: Play in new window | Download1)      The Freedom From Religion Foundation recently sent a scathing letter to Clemson University, expressing a number of concerns regarding it’s football program and head coach Dabo Swinney.  Here is Coach Swinney’s response. 2)      O’Bannon Ruling MSJs denied NCAA can’t use 1st Amendment defense or benefit to women’s sport defense. 3)      Roundup Kelvin Sampson at UofHouston New NCAA lawsuit More status quo comments  Mark Emmert: “They’re taking a seat from a paying student.” On Mike and Mike Texas AD Steve Patterson:  If union went through and...

read more

The Kelvin Sampson I Know Is A Great Hire

My first interaction with Kelvin Sampson was the 1994-95 academic year.  I was a junior in high school, and the biggest Oklahoma Sooners basketball fan around.  It was Coach Sampson’s first season at OU, where he replaced the incredible Billy Tubbs. I loved Billy Tubbs.  During his tenure I went to the games, the camps and anything else they would open the doors of Lloyd Noble Center for.  I therefore had a high standard for his replacement, and Coach Sampson delivered.  He brought an intensity and passion for the game that I had not seen before.  My friend Bobby Soltani and I quickly began...

read more

College Sports Briefing Episode 006 – The Union Is Coming Edition

Podcast: Play in new window | Download Before we get into the union issues, I talk a bit about judicial review and the courts’ role in deciding law (what is the law v. what should the law be) Also, here is my first reaction to the union decision on BusinessofCollegeSports.com. The union decision step by step (Northwestern NLRB decision) Facts and testimony Rules SAs must follow (p. 4-5) 4+ pages on time commitment (p. 5-9) One paragraph on revenue generation (p. 13) Standard of Review / Analysis Definition of employee (p. 13) Conclusion (p. 14) Provide a valuable service (p. 14) Under...

read more

March Was A Rough Month For NCAA

It was a rough March for the NCAA.  Most notable was the National Labor Relations Board ruling which said scholarship football players at Northwestern University are employees and can form a union (that decision is being appealed; I posted my thoughts here).  Surprisingly, the NLRB ruling may not have been the worst of it. Last month a new lawsuit was filed against the NCAA, this time directly targeting its rules capping the level of allowable scholarship awards.  If successful, college athletics would be radically changed and we would essentially have a free market system when it comes to...

read more

College Sports Briefing Episode 005: The NCAA Lawsuit Redux Edition

Podcast: Play in new window | DownloadShow Notes and Links: 1)      The new lawsuit against the NCAA ESPN article summarizing case The complaint (lawsuit filing in PDF) Judge Andrew Napolitano says best argument yet, should lead to antitrust exemption 2)      Tone-Deaf NCAA President Mark Emmert Article quoting him saying the idea of paying players is “silly.” Meet the Press Transcript 3)      Other topics IMG College president blames escalating expenses in college athletics on Title IX Baylor not allowed to wear sic’em bears on their uniforms Knight Commission meeting Connect to...

read more