DO NOT PASS GO, DO NOT COLLECT $200: Exploring the NCAA’s Monopoly on Athlete Compensation Behind the ‘Pay the Players’ Debate

A Note by SY Yaw

Download full note here.

On February 2, 2021, EA Sports made an announcement that excited college sports fans everywhere––the NCAA football game that many had grown to love before its discontinuation in 2014 would be returning in 2023.[1] Along with this excitement came a reignited debate about whether student-athletes should be paid for the use of their name, image, and likeness (“NIL”); an issue that contributed to the game’s discontinuation.[2] Despite the profit made by the video game franchise, the National Collegiate Athletic Association’s (“NCAA”) longstanding prohibition on student-athletes receiving any compensation beyond their athletic scholarships precluded featured players from receiving compensation.

This Note will explore the intricacies of the debate about whether college athletes should be compensated for their services, primarily using revenue generating sports as a point of examination. Part II will introduce the backdrop of the debate, discussing the “players” … Read the rest

Foul or Dive? Outlining the United States Women’s National Soccer Team’s Pay for Play Lawsuit

By: Alexander Karl

American women have been constantly fighting to have their voices heard and to achieve equal rights. It took until 1920 for women to receive the right to vote.[1] But it goes beyond voting as they sought to establish representation. For decades, women in the workforce have been underpaid to work in hazardous conditions. Eventually they began to strike, and in 1920, formed the U.S. Department of Labor Women’s Bureau aimed at representing the needs of wage-earning women in public policy.[2] Ultimately, laws such as the Equal Pay Act were put into place to “prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce.”[3] Nearly a century since the formation of the Bureau and decades since the passing of the Equal Pay Act, women are still fighting for fair compensation today.… Read the rest

Daily Fantasy Sports & Modern Regulation

By: Alex Karl

American consumer markets are always seeking to develop new cutting edge ways to make money. One ever-present revenue goliath is the sports industry, which generates roughly $14.3 billion annually.[1] With every industry there are others who try to latch on and make a profit of their own, and this is no different with the sports industry and Daily Fantasy Sports (DFS) sites. DFS websites such as FanDuel and DraftKings hone into this market by allowing it’s users to enter into contests where they create lineups from athletes in their respective sports in an attempt to win money.[2] The sites offer contests on a range of sports, including the NFL, NBA, MLB, PGA and more.[3] After choosing a contest you wish to join and paying a fee, users are allotted a set budget in which to create their lineup and each respective athlete is given … Read the rest

No Longer a Long Shot: Why the Odds Favor the Eventual Legalization of Sports Gambling

By: Jack Meyer

New NBA commissioner Adam Silver made headlines recently when he wrote in a New York Times op-ed piece that he was in favor of the legalization of sports gambling.[1] This came as a surprise to some NBA fans, as this is the same sport that was previously rocked by a points shaving scandal involving former referee Tim Donaghey. Silver’s essential thesis was that since sports gambling is already widespread despite its illegality, a push toward legalization is long overdue. Though little hard data exists, some estimates suggest that nearly $400 billion is illegally wagered on sports each year,[2] including $9 billion wagered on the NCAA Men’s Basketball Tournament alone.[3] With the emergence of the internet and fantasy sports, sports betting has perhaps never been more widespread and Silver’s call for legalization certainly does not fall on deaf ears. Proponents of sports gambling have called … Read the rest

Unnecessary Toughness: Throwing the Flag on the NFL’s New Personal Conduct Policy

By: Jack Meyer

In the wake of the Ray Rice incident and subsequent domestic violence arrests involving several other NFL players during the 2014 season, the NFL encountered a public relations firestorm. The NFL faced widespread public criticism that domestic violence among NFL players had become an “epidemic” and that the male dominated league was indifferent to the issue.[1] Commissioner Roger Goodell nearly lost his job after his perceived mishandling of the Rice incident, and public pressure forced the NFL take significant action to address domestic violence offenses among its players.[2]

This pressure led the NFL to hastily implement a player conduct policy specifically aimed at addressing crimes against women, such as domestic violence and sexual assault. The NFL admittedly used this new policy as a public relations maneuver, knowing full well that the policy did little to actually prevent domestic violence and was only aimed at publicly … Read the rest

Playing Hardball with the Rooftop Owners: The Cubs’ Case for Wrigley Field Expansion

By: Jack Meyer

Originally Posted: November 23, 2014

Wrigley Field has been the home of the Chicago Cubs since 1914 and is the second oldest ballpark in Major League Baseball. The iconic venue has remained largely unchanged throughout the past century, and only recently has Cubs ownership declared a substantial renovation a necessity. The Cubs have not won a World Series since 1908 and the Ricketts family, who took over ownership of the team in 2009, view an out of date ballpark as a serious impediment to fielding a winning team. The Rickettes have proposed a privately funded $575 million renovation to Wrigley Field. The renovation is expected to be completed in four phases beginning in 2014 and lasting until 2018 which will upgrade the stadium in a variety of ways such as providing additional seating capacity with outfield bleacher expansion, revenue generating advertising signs in the outfield, and a
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Go U, NU(nionize): Are College Football Players Student-Athletes or Student-Employees?

On January 28, 2014, the National College Players Association, on behalf of a group of Northwestern University football players, filed a petition with the National Labor Relations Board (“NLRB”) seeking to form a union.  While the college pay-for-play debate is well documented, a request for union representation by such athletes is unprecedented.  There is no denying that collegiate athletics, with its TV revenue, licensing fees, merchandising, and ticket sales, has become a multi-billion-dollar industry.  However, NU players claim that their central concerns are related to health, education, and other basic rights, not salaries – at least not yet.  In an official statement released by Northwestern, the University has taken the position that, while it is “proud of [its] students for raising these issues,” not only are student-athletes students, not employees, collective bargaining would “not advance the discussion” of relevant topics.  If college football players get recruited, much like Read the rest

Would You Invest In Richard Sherman?


After a hard fought NFC Championship game, Seattle Seahawks cornerback, Richard Sherman, used his postgame interview to let viewers know that he deserved recognition.[1]   Consequently, sports commentators had a field day breaking down every Sherman action in effort to determine the “motivation” for his postgame rant.[2] Some suggested that Sherman has been an underappreciated player throughout his career and he just wanted the recognition he felt he rightly deserved.[3] Well, thanks to Fantex Brokerage Services, Sherman and other under-appreciated players can put their money where their mouth is![4]


Fantex Brokerage Services developed a plan to partner with professional athletes in order to set up Initial Public Offerings (IPOs).[5] The company initiated deals with Arian Foster and Vernon Davis where each player would have been offered upfront payments in exchange for a percentage of their future earnings.[6] Unfortunately, both Foster and Read the rest

Crimes Against Humanity, I’m Lovin’ It: Issues in Sponsorship of the 2014 Sochi Winter Olympics

Crimes Against Humanity, I’m Lovin’ It: Issues in Sponsorship of the 2014 Sochi Winter Olympics

By: Inessa Goodman


While business leaders and CEOs have never shied away from promoting their political agendas and views, the line is sometimes blurred between what is appropriate, and what is not. The recent controversies involving Chik-fila, Barilla, and their public statements against the LGBT community highlight this issue. Recently, a similar issue has surfaced, not involving public statements, but mere funding of an entity that supports questionable social policies. 

What effect does this have on businesses? Should businesses be held more accountable for their social responsibility? Specifically, this article explores this issue in the context of the upcoming Winter Olympics in Sochi, Russia.

Current Anti-Gay Legislation in Russia

Homophobia is now engrained in the state policies in Russia. In June 2013, Vladimir Putin, president of Russia signed an “anti-gay propaganda law”. These laws … Read the rest

The NBA Lockout: A Momentum-Killing Millionaire v. Billionaire Showdown

On July 1, the National Basketball Association (NBA) instituted a lockout when its collective bargaining agreement (CBA) expired and negotiations, which began in January 2010, stalled. Over the past four months, owners and players have made multiple attempts to reach an agreement with no success. On October 10, NBA Commissioner David Stern canceled the first two weeks of the season and stated that both sides are still, “very far apart on virtually all issues… we just have a gulf that separates us.” A number of issues have been discussed including: revenue sharing, salary caps, luxury penalties, guaranteed contract lengths, and player exceptions. The owners and players have three ways to resolve these issues: bargaining, mediation, and/or legal action. After bargaining failed, a federal mediator was called upon and, after a week of mediation, Stern cut an additional two weeks. If mediation also fails to produce results, owners and players could … Read the rest