Sometimes when I tell people that it is anti-American anti-labor, anti-capitalist and just plain ludicrous to grant an antitrust exemption to college sports, they ask for an alternative. That alternative may involve private equity. This article explains:
papers.ssrn.com/sol3/papers....
Back with your law review daily double: John Holden, Matthew Turk and I also want to share our other new article, "Regulating Sports Prediction Markets." It's forthcoming in Illinois Law Review. Here's a link:
papers.ssrn.com/sol3/papers....
For the first time, here's a link to "Private Equity in College Sports," written by Suneal Bedi, John Holden and myself, and forthcoming in Volume 111 of Minnesota Law Review:
papers.ssrn.com/sol3/papers....
Honored and grateful for this nomination, along with my co-authors @profmarcedelman.bsky.social and John Holden, for the Concurrences Antitrust Writing Award.
Our Boston College Law Review article, (Still) Anticompetitive College Sports, was a blast to write.
You can vote here if interested:
3. John Holden, McCannSportsLaw. and I published this together, in the 2025 Fordham Law Review, entitled "Life After Employee Status in College Sports": papers.ssrn.com/sol3/papers....
2 John Holden, @mccannsportslaw.bsky.social and I published this together, in the 2023 Illinois Law Review, entitled "The Collegiate Employee-Athlete": papers.ssrn.com/sol3/papers....
1. I published this in the 2017 Cardozo Law Review, entitled "The Future of College Athlete Players Unions": papers.ssrn.com/sol3/papers....
Yesterday was my final day of teaching 1L Contracts at Cardozo Law. I believe teaching a first-semester 1L class is one of the most meaningful things any lawyer can do because it gives you the chance to show the next generation that they can do this job, and to show them how to do the job ethically.
Somebody really needs to remind members of Congress who support the Score Act, as well as our president, that federal antitrust law is America's magna carta of free trade. If you support antitrust exemptions like the Score Act, it means you oppose free market capitalism.
With today's sports gambling arrests, this Cardozo Law Review
article on legalized sports wagering that I published with Keith Miller & John Holden now may be an especially helpful read:
dx.doi.org/10.2139/ssrn...
Every time the #NCAA gets a new bad legal idea, there’s a law review article waiting on the topic. As the NCAA is again discussing restraining athlete transfers, @mcarrier.bsky.social and I already have an article expressing why the restraints violate antitrust law:
papers.ssrn.com/sol3/papers....
I am not sure how we went from an era of government-organized boycotts of Socialists in Hollywood (terrible) to an era where New Socialists in Hollywood organize boycotts of other groups (also terrible). But, I am thankful companies like Paramount are seeing through the ugliness of group boycotts.
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If you are trying to rap your hands around the legal issues involving college sports, there are so many thorough articles available on @ssrn.bsky.social. Among them is "The Collegiate Athlete," written by @mccannsportslaw.bsky.social, John Holden, and myself:
papers.ssrn.com/sol3/papers....
(1) As a general matter, industry-specific #antitrust exemptions are a bad idea. Antitrust law preserves free markets: the essence of our capitalist, economic system.
(2) As a specific matter, granting an exemption to the #NCAA is especially ugly b/c they want it to exploit young athlete labor.
The DOJ has just adopted my once iconoclastic view that the entirety of the NCAA limits on college athlete compensation violate federal antitrust laws. Even if I never publish another law review article, I can earnestly say my career has been gratifying.
papers.ssrn.com/sol3/papers....
Fellow sports law profs: were any of you contacted by the DOE before they issued their memo on Title IX & NIL? Given the nature of my work, I'm a little surprised nobody ever contacted me. I'm even more surprised there isn't a single footnote in the memo citing legal scholarship
Just finished reading the DOE-OCR memo on NIL and Title IX and am looking for a McKayla Maroney face emoji. I'm not going to judge the conclusion (it's a complex issue) but the analysis of NIL collectives seems perfunctory and the use of the term "student-athletes" cringeworthy.
Next time Charlie Baker suggests truncating the transfer portal to better align athletics with the academic calendar, ask him why the college football national championship game is now played during the spring semester.
NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...
Just read Herb Hovenkamp's "Antitrust Populism" and pleased to see that even Hovenkamp now describes the #NCAA restraints that were challenged in Alston as "little more than a naked cartel." Of course, he's right!
As someone who has devoted 20+ years to legal research on college sports, I say Grant House shouldn't be made into the face of the college athletes' rights movement. Grant House is likely not an employee. Grant House's FMV is near zero. Grant House is a red herring. papers.ssrn.com/sol3/papers....
There has been a lot of excellent legal research lately on college athletes as employees. Here's another article, from Haley Lukas: a JD/MBA student at @CornellLaw and a former D-I soccer player at Cal.
www.cornelllawreview.org/2024/12/18/p...
I will be presenting on college sports and antitrust law at @TheAALS conference in San Francisco on Wednesday January 8. If you are a law professor, please stop by and say “hello.” Even if you don’t follow sports or antitrust, this pertains to the broader higher ed industry.
Just joined this platform. I miss the network effects of everybody being on one platform. But, I also miss the opportunity to interact with some of my favorite accounts who have left Musk-land.