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New Federal Legislation Proposal Authorizes Student-Athletes to Unionize

A group of Democratic U.S. Senators, led by Senator Chris Murphy (D-Conn.) and Senator Bernie Sanders (D-Vt.) have introduced the College Athlete Right to Organize Act. The proposed legislation would amend the National Labor Relations Act (NLRA) and provide student-athletes collective bargaining rights, regardless of any existing state law restrictions. Regarding his proposed legislation, Senator … Continue Reading

15-Year-Old Soccer Star Granted Temporary Restraining Order on National Women’s Soccer League Age Rule

Soccer phenom, 15-year-old Olivia Moultrie has been granted a Temporary Restraining Order (TRO) in her challenge to the National Women’s Soccer League’s (NWSL) Age Rule. The league’s Age Rule requires players to be at least 18 years old to compete for a position on a NWSL team. United States Court Judge Karin J. Immergut granted … Continue Reading

Maryland Adds Athlete Safety Provision As It Joins Growing List Of States To Enact Name, Image, And Likeness Law

Maryland Governor Larry Hogan has signed the Jordan McNair Safe and Fair Play Act into law. Beginning in 2023, the Act authorizes student athletes at Maryland colleges and universities to receive compensation for their name, image, and likeness (NIL) and retain agent representation without penalty to the student athlete’s eligibility or participation in intercollegiate competition. … Continue Reading

State Name, Image, and Likeness Laws With July 1st Effective Dates Continue To Grow

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal legislative proposals to move forward. While the number of states that have either introduced legislation or passed formal NIL laws … Continue Reading

NCAA Modifies Student-Athlete Transfer Rules to Create Immediate Eligibility

In a much-anticipated move, the NCAA Division I Council has approved a rule change to modify current transfer rules and unify all student-athletes under the same transfer rules. The change will allow student-athletes in five sports (football, men’s and women’s basketball, baseball, and men’s hockey) to join other Division I student-athletes. It also will authorize … Continue Reading

Supreme Court Allows DOJ to Join Oral Argument in Alston Case

The U.S. Supreme Court has announced that it would allow the U.S. Department of Justice (DOJ) to became an additional presenter during the landmark case, NCAA v. Alston, which is set for oral argument on March 31, 2021. The Alston case arises out of consolidated appeals from the NCAA and several high-level conferences in two … Continue Reading

Senator Murphy Introduces Additional Federal Name, Image, and Likeness Legislation

An additional federal legislative proposal regarding college athlete name, image, and likeness (NIL) rights has been introduced on Capitol Hill. The Bill, known as the College Athlete Economic Freedom Act (“Freedom Act”), is authored by Senator Chris Murphy (D-Conn.) a leading advocate and author on college athlete rights and U.S. Representative Lori Trahan (D-Mass.), a … Continue Reading

Will Acting General Counsel Ohr’s Appointment Lead To NCAA Athletes Becoming Eligible To Unionize?

President Joe Biden has named Peter Sung Ohr to serve as Acting General Counsel of the National Labor Relations Board (NLRB or Board). Ohr has served as the Regional Director of the NLRB Chicago office for nearly a decade. While the Regional Director, Ohr is best remembered in the world of collegiate sports for his … Continue Reading

The Proposed “College Athletes Bill of Rights” Joins Growing Number Of Federal Bills On Student-Athlete Rights

Shortly after the Supreme Court granted certiorari to consider the Ninth Circuit’s ruling that the NCAA violated federal anti-trust laws by illegally limiting the value of athletic scholarships, new federal legislation has been introduced that could drastically change the world of college athletics and drastically limit the NCAA’s current authoritative stronghold on student-athletes. Senators Corey … Continue Reading

Supreme Court Grants Certiorari To Consider NCAA’s Request To Review Ninth Circuit Anti-Trust Ruling

While the legal focus on college athletics has been on the impending expansion of name, image, and likeness rights for NCAA student athletes, prompted in part by State and Federal legislative proposals, the Supreme Court has shifted that focus to the courts after agreeing to intercede and rule on what will prove to be a … Continue Reading

National Association of Basketball Coaches Advocates Playing of ‘Black National Anthem’ With ‘Star Spangled Banner’

The National Association of Basketball Coaches (NABC), the national organization of men’s basketball coaches, and its Committee on Racial Reconciliation has forwarded a letter to all of its member coaches encouraging basketball programs to play both “The Star Spangled Banner” and “Lift Every Voice and Sing” prior to games this season. Craig Robinson, NABC Executive … Continue Reading

NCAA Announces “March Madness” Modifications To Address COVID-19 Impact

As the NCAA Men’s Basketball 2020-2021 regular season schedule is about to begin in the midst of escalating coronavirus pandemic spikes and increasing hospitalizations around the country, the NCAA Division I Men’s Basketball Committee announced today the relocation of 13 predetermined preliminary round sites for the 2021 Division I Men’s Basketball Championship to one geographic … Continue Reading

NCAA Takes Additional Steps Toward Ratification Of Name, Image, and Likeness Legislation

The NCAA has taken a further step toward the finalization of specific provisions which would allow student-athletes the opportunity to pursue endorsement opportunities for the use of their name, image and likeness. The NCAA Division I Council has approved an updated draft of proposed student-athlete name, image, and likeness rights (NIL) legislation. This revised proposal, … Continue Reading

Bipartisan Name, Image, Likeness Bill Introduced In Congress

Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges and universities, from preventing student-athletes from participating in intercollegiate athletics as a result of entering into endorsement contracts has been introduced in the … Continue Reading

New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

New Jersey Governor Phil Murphy’s signature on the New Jersey Fair Play Act (S-971/A-2106) will allow New Jersey student-athletes to earn financial compensation from the use of their name, image, and likeness and authorize their hiring and use of attorneys and agents without affecting their scholarship eligibility. New Jersey joins the states of California, Colorado, … Continue Reading

Compliance Considerations for Colleges and Universities Prior To Eliminating Sports in the COVID-19 Era

One of the worst developments of the COVID-19 pandemic has been its impact to college sports and the unfortunate sacrifice of athletics programs across the country affecting all levels of NCAA and NAIA competition. Since March, hundreds of collegiate varsity programs have been discontinued, with more cuts likely coming. Eliminating a varsity sport is never … Continue Reading

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

A week after the NCAA Division III Membership Committee encouraged institutions to make the best decisions for their student-athletes’ “happiness, health and safety,” the Division’s Administrative Committee has provided some administrative relief for institutions should the ongoing impact of  COVID-19 affect 2020-21 seasons of athletic competition. Two blanket waivers have been approved for all Division … Continue Reading

Ivy League Reinforces Its Commitment to Student-Athlete Safety With Cancellation of Fall Sports Amid COVID-19 Spikes

Once again, the Ivy League has sent a loud and clear message regarding COVID-19 to the college community. The Ivy League presidents have cancelled all intercollegiate sports until at least January, becoming the first Division I conference to officially suspend its fall semester football schedule in the midst of the coronavirus pandemic. The league has … Continue Reading

Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers

Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker plan to formally introduce legislation, the “College Athlete Pandemic Safety Act,” to eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities. Reacting to the growing number of schools, including Ohio … Continue Reading

Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions

Despite the ongoing changes to the workplace in response to the COVID-19 pandemic, one thing remains unchanged: federal EEO laws and their role in the workplace. As colleges and universities and professional sports organizations make plans for the resumption of play in the next couple of months, university presidents and league officials must address their … Continue Reading

Florida Senator Rubio Introduces Federal Name, Image, and Likeness Legislation

Although Florida Governor Ron DeSantis has just signed into law Florida’s state name, image and likeness legislation, Florida U.S. Senator Marco Rubio has introduced proposed federal legislation to address concerns regarding the ever increasing number of states introducing legislation addressing the name, image and likeness rights for student-athletes within their states. Sen. Rubio’s proposed legislation, … Continue Reading

Ohio State University Requires COVID-19 Risk Waiver Execution Before Allowing Return to Voluntary Workouts

The ongoing COVID-19 pandemic is requiring athletic departments at all NCAA levels to plan for their fall 2020 athletic schedules while taking all necessary steps to keep their athletes safe. In addition to requiring its returning football players to submit to a COVID-19 test, Ohio State University has asked all the players on their football … Continue Reading

NCAA Announces Response to Expanding State Name, Image, and Likeness Legislation with Proposed Changes to Bylaws

Following the cancelation of the winter sports championships and the calendar of spring athletic events due to the COVID-19 pandemic, the NCAA is hoping to reset for the 2020-2021 academic year with a full slate of college football and other fall sports in September. While the NCAA and its members have been focused on student-athlete … Continue Reading
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