Tenured Law Professor. Fulbright Scholar. Sports Ethics Director. Attorney. Former Skadden. I write on Antitrust, IP, Higher Ed and Sports. Marc@MarcEdelman.com

Joined June 2009
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I think it’s reasonably possible that one of these days Charlie Baker retires, and we learn deep down this isn’t really what he believes, but that he is simply advocating for his trade association.
The Sorsby decision was never about only one student-athlete. We are already seeing downhill effects in other eligibility cases in which state courts are allowing student-athletes to circumvent longstanding eligibility rules, citing Sorsby outcome as part of the court’s precedent. Another example of why we need Congress to pass the Protect College Sports Act, authorizing the association to apply common sense eligibility rules consistently for all student-athletes and schools, regardless of the state or local court system.
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Over the past 25 years, I have published many law review articles outlining a better alternative for college sports than this special interest bill. Neither Mr. Cruz nor his office has reached out to me. The lines of communication remain open, even this week while I am in Norway.
Speaking at the roundtable on college sports, Sen. Ted Cruz says the Protect College Sports Act is the "only train leaving the station." "In my view, anyone who is a critic, anyone who is attacking this bill, has the burden of saying, what's the alternative? If you don't like this bill, what's the alternative that actually has a path of being passed and signed into law? If this doesn't happen, I think the alternative is doing nothing."
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If you are interested in this topic, take a look at my 2014 Lewis & Clark Law Review article on SSRN entitled “The NCAA’s Death Penalty Sanction.” There is a lot on point here.
I'm told Texas Tech would consider legal action if athletic programs and/or conferences try to exclude them from competition or hinder their scheduling.
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Two ways the #Big12 can more easily implement rules banning athletes for gambling: 1. Implement rule at conference level rather than #NCAA level (obviates market power under antitrust law). 2. Collectively bargain over rule and dispute resolution process. Pick one.
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👇Charlie Baker and others in the NCAA are pushing these exaggerated takes. The NCAA is struggling to create a realistic tale to support Congress stripping athletes of rights. So they are building a dubious disaster scenario.
I'm seeing exaggerated takes on the legal impact of a trial judge's ruling in Sorsby v. NCAA. This is not the 9th Circuit in O'Bannon v. NCAA, or SCOTUS in NCAA v. Alston. This case doesn't set precedent for other courts or athletes. It's a non-final order by a state court judge.
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As long as we continue to pretend that the relationship between an Ohio State football player and their school is the same as the relationship between a Baruch swimmer and their school, we will continue to live in a world of college sports absurdity.
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For a long time, @McCannSportsLaw, John Holden and I have suggested that the solution for #NCAA sports is recognizing those few college athletes who truly are employees as such, and hoping they unionize. Before you disagree, read us in @FordhamLRev: papers.ssrn.com/sol3/papers.…

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Marc Edelman retweeted
Note: the deep-pocketed booster helping write the most recent round of NCAA legislation is also a booster for the team whose QB was just ruled eligible despite gambling on games.
There is no better example of why targeted intervention from Congress is necessary. When you have schools and deep-pocketed supporters willing to look the other way on the glaring integrity threat of betting on your own team - and judges whose rulings effectively strip away our ability to stop them - only Congress can equip the @NCAA to apply this common sense rule to everyone fairly and consistently. The Protect College Sports Act would empower the NCAA to enforce rules including the gambling restrictions - it's needed now more than ever.
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On point.
The Brendan Sorsby ruling is not a final order in his case (it’s an injunction) and governs one county in Texas. It doesn't require judges in other counties, let alone other states, to rule similarly in similar cases. It’s significant, but shouldn’t be overstated in legal impact.
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Each of us has one life to live, and then we are done. We should aspire to leave the world just a little bit better than we found it. I have doubts that stripping college athletes of their rights would be a positive step. That’s not a legacy I’d want.
There is no better example of why targeted intervention from Congress is necessary. When you have schools and deep-pocketed supporters willing to look the other way on the glaring integrity threat of betting on your own team - and judges whose rulings effectively strip away our ability to stop them - only Congress can equip the @NCAA to apply this common sense rule to everyone fairly and consistently. The Protect College Sports Act would empower the NCAA to enforce rules including the gambling restrictions - it's needed now more than ever.
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As some in Congress try to pass law to reinstitute the old system of college sports, it is important to remember that everything that’s happened in the past 10 years—from antitrust lawsuits to state law reform to athlete organization—began b/c the OLD SYSTEM wasn’t working.
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Marc Edelman retweeted
Really interesting piece by Dan, including this quote from a college administrator: “Labor costs never go backwards.” One apples-to -maple-syrup exception is NHL players, who went from 70ish% of revenue and no cap to 54% of revenue with a cap after a season-long lockout.
What happens after you tell thousands of athletes they’re getting a pay cut they didn’t agree to? Could the unintended consequences of the Protect College Sports Act lead to what the NCAA has long feared the most? Column for @yahoosports sports.yahoo.com/college-foo…
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Sometime years ago, circa 100 US colleges decided to operate their football and basketball teams like big-time commercial businesses. There are pros and cons that go along with that:
BREAKING: Athletic Department immediately learns what its like to be owned by a Private Equity Firm.
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As Congress debates troubling legislation to regulate college sports, I am heading off to the EURAM conference to present a forthcoming @MinnesotaLawRev article entitled "Private Equity in College Sports," which I co-authored with @SunealBedi and John Holden: papers.ssrn.com/sol3/papers.…

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