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Name and Likeness Law Signed by Kemp
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<blockquote data-quote="slugboy" data-source="post: 807012" data-attributes="member: 282"><p>I shared more information on the Supreme Court NCAA v Alston decision at <a href="https://gtswarm.com/threads/general-ncaa-thread.23305/" target="_blank">https://gtswarm.com/threads/general-ncaa-thread.23305/</a>.</p><p></p><p>There was the majority (“official”) decision written by Gorsuch, and a concurring but harsher opinion by Kavanaugh, with the Gorsuch opinion being precedent. The majority of what I’ve seen is</p><ul> <li data-xf-list-type="ul">The NCAA is covered by anti-trust law, even though they argued that it doesn’t apply to them</li> <li data-xf-list-type="ul">There’s little to no legal weight given to “amateurism” as a defense.</li> <li data-xf-list-type="ul">This decision was on a narrow topic (internships, summer jobs, and other “academic” compensation), and the NCAA lost entirely on the narrow compensation topic. Kavanaugh’s concurrence implies “bring us more cases; unless Congress gives the NCAA special protection, we’re ready to make broader decisions”. </li> <li data-xf-list-type="ul">No one believes Congress is going to give the NCAA anti-trust protection. I think you’d get majority bipartisan opposition to that. </li> <li data-xf-list-type="ul">For what it’s worth, Kavanaugh’s concurrence says that the NCAA’s compensation model is unjustified and ludicrous, and that it’s ridiculous to have an industry where some people make a lot of money and the workers don’t really get paid. If lawyers see that and don’t think “I can take this NCAA case to the Supreme Court”, I don’t know what kind of hint they’re waiting for. </li> <li data-xf-list-type="ul">This case in particular doesn’t change a lot directly, but it’s a clear signal for lawyers that it’s open season on the NCAA</li> <li data-xf-list-type="ul">“Winter is coming” and the NCAA is publicly ignoring it</li> </ul></blockquote><p></p>
[QUOTE="slugboy, post: 807012, member: 282"] I shared more information on the Supreme Court NCAA v Alston decision at [URL]https://gtswarm.com/threads/general-ncaa-thread.23305/[/URL]. There was the majority (“official”) decision written by Gorsuch, and a concurring but harsher opinion by Kavanaugh, with the Gorsuch opinion being precedent. The majority of what I’ve seen is [LIST] [*]The NCAA is covered by anti-trust law, even though they argued that it doesn’t apply to them [*]There’s little to no legal weight given to “amateurism” as a defense. [*]This decision was on a narrow topic (internships, summer jobs, and other “academic” compensation), and the NCAA lost entirely on the narrow compensation topic. Kavanaugh’s concurrence implies “bring us more cases; unless Congress gives the NCAA special protection, we’re ready to make broader decisions”. [*]No one believes Congress is going to give the NCAA anti-trust protection. I think you’d get majority bipartisan opposition to that. [*]For what it’s worth, Kavanaugh’s concurrence says that the NCAA’s compensation model is unjustified and ludicrous, and that it’s ridiculous to have an industry where some people make a lot of money and the workers don’t really get paid. If lawyers see that and don’t think “I can take this NCAA case to the Supreme Court”, I don’t know what kind of hint they’re waiting for. [*]This case in particular doesn’t change a lot directly, but it’s a clear signal for lawyers that it’s open season on the NCAA [*]“Winter is coming” and the NCAA is publicly ignoring it [/LIST] [/QUOTE]
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