Introduction Antitrust law has won.[1] The National College Athletic Association (NCAA)[2] has lost.[3] Or so it seems with the settlement in the House[4] case, which provides for revenue sharing between college athletes and their institutions.[5] The NCAA’s long held ideal of the student-athlete is disappearing.[6] For several generations, the NCAA has fought at every turn […] Continue Reading >
Introduction On December 2, 2022, the United States Department of Justice (DOJ) announced it had entered into a deferred prosecution agreement (DPA) with ABB Ltd., a Swiss global technology company, for violations of the Foreign Corrupt Practices Act (FCPA).[1] ABB, through third‑party intermediaries, allegedly paid more than $37 million in bribes to high-ranking officials within […] Continue Reading >
Forty Years After T.L.O.: Student Searches in the Age of School Resource Officers
Conference-Employees and Student-Athletes: A Proposal for Rescuing College Sports from Antitrust Law
Forty Years After T.L.O.: Student Searches in the Age of School Resource Officers
Introduction Forty years ago, the Supreme Court decided New Jersey v. T.L.O.,[1] a landmark case about Fourth Amendment rights in schools. T.L.O. was a compromise. For the first time, the Court recognized that students have a right to be free from unreasonable searches in schools.[2] At the same time, the Court concluded that students’ Fourth […] Continue Reading >
The Rise of Global FCPA Settlements
Beyond the Paycheck: Why Compensating NCAA Student-Athletes Does Not Mean Employing Them
Sometimes the best lessons you learn are when you do have failings. You can always learn more when you don’t do something exactly right.[1] —Nick Saban, Alabama Head Football Coach 2007–2024.[2] Introduction If the best lessons emerge from failure, the National Collegiate Athletic Association (NCAA) is learning a lot right now. The landscape of college […] Continue Reading >