Advanced data driven infrastructure is now essential for sports entities to remain competitive, yet few structures are in place to manage the risks inherent in the collection of this sometimes, highly personal information. Data is utilized for virtually every aspect involved in the game, including; to enhance player performance, improve player health, deepen fan engagement, and increase betting predictions. These developments do not come about without risks to the rights of those who the data is extracted from.
Sports betting is now just as easy as opening up an app and playing a game on your phone. But should it?
Of course not. Sports gambling, with the potential to waste away thousands of dollars, should feel more like gambling at a casino than making a few clicks on a phone.
The Professional and Amateur Sports Protection Act of 1992 (PASPA) effectively outlawed sports betting nationwide. However, in Murphy v. National Collegiate Athletic Association, the Supreme Court struct down PASPA, launching the phrenzy towards nationwide legalization. Sports betting is fully legal and operational in 18 states in addition to Washington D.C. with the possibility of 13 more states joining the national trend by the end of 2021.
In June 2019, Governor Pritzker signed the Sports Wagering Act into law, ushering in legal sports gambling in Illinois. The law initially required users to submit applications for sports wagering services in person. However, due to the pandemic Governor Pritzker issued several Executive Orders suspending this requirement through at least November 14. With the pandemic still in full swing, there is little reason why this suspension will not be extended again.
After nearly being forced to scrap the season, Major League Baseball (MLB) is set to crown a World Series champion in just days. Now that the season is near its conclusion, it is worth taking a look back at how MLB managed to pull off the most unique baseball season ever in the most unique year many of us can remember.
Congress has enhanced government oversight of amateur sports in response to numerous allegations in recent years targeting amateur sports governing bodies’ failures to address physical and mental misconduct. New legislation is expected to make significant reforms by requiring training, reporting, and a new system to manage allegations of of sexual abuse, among other changes.
On September 16, The Big Ten conference announced the reversal of the decision to postpone fall sports and will resume football the week of Oct. 23rd. On that same day, Governor J.B. Pritzker announced elementary and high school football teams will still not return for the fall. With football being a contact sport, the risk of spreading COVID-19 is very high. There are hopes for Illinois high school football to return in the spring but as of now, there are not enough resources to comply with the Centers for Disease Control and Prevention (“CDC”) and local authorities’ guidelines.
As Covid-19 restrictions begin to ease, sports leagues are tasked with implementing safety measures in an urgent and effective manner. Despite the rush for normalcy amid trying times, mitigating further spread and risks associated with the ongoing pandemic are at the forefront of these efforts. The National Collegiate Athletic Association (NCAA) is among the first organizations attempting to resume operations while facing significant health and safety considerations.
Fall of 2020, like most of 2020, is looking different for everyone. While some schools are resuming in-person classes, other schools have chosen to resume online classes; while some people are returning to offices, other businesses have announced that employees will continue to work from home until at least July of 2021. The uniformity of our daily lives is gone, and that it is exactly what is happening with the different college football conferences for Fall 2020. With the National Collegiate Athletic Association “NCAA” having no control over college football, it was up to the Power Five Conferences to independently decide what each conference’s season would look like this fall.
With changes to the regulations of the National Collegiate Athletic Association (NCAA) student-athlete model looming overhead, the role of athlete representation is significant in the conversation relating to name, image, and likeness (NIL) of the student athlete. The NCAA has a long-standing “no-agent” rule that forbids student-athletes from being represented by an agent or organization in the marketing of his or her athletic ability until after the completion of their last intercollegiate contest. The NCAA determines a student-athlete’s eligibility based partly on their amateurism status, a term which is not expressly defined by the NCAA, although guided by several factors. Among those factors that would remove an athlete’s eligibility from NCAA competition, is a binding agreement to be represented by an agent at any time before or during a student-athletes collegiate career, however, there are a few exceptions to this factor.The underlying purpose of the “no-agent” rule is to protect student athletes from exploitation in the open market. To further regulate potential issues, the NCAA adopted the Uniform Athlete Agents Act, which effectively criminalizes contact between agents and athletes before the athletes completion of their last intercollegiate contest.
On May 6, 2020, Secretary Betsy Devos, through the Department of Education (the “Department”) issued the new Title IX regulations (the Final Rule) scheduled to take effect August 14, 2020. The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972. The statute states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”, yet it does not define sexual harassment. The Final Rule is heavily contested due to its demanding provisions and implementation period during the pandemic.
Sarah Suddarth Associate Editor Loyola University Chicago School of Law, JD 2021 The COVID-19 pandemic has caused disruption to everyone’s lives, and student athletes are no exception. The unprecedented situation has presented many questions and the National Collegiate Athletic Association (“NCAA”) has attempted to answer many of those questions coming directly from the displaced …