Category:Athletic Regulation
The New Salary Cap in College Sports: How it Will Work, Why it is Needed, and the Arguments Against It
The overall dynamics of the college sports world has gone through some significant changes over the last few years due to the rise of Name, Image, and Likeness (NIL), which allows student-athletes to earn payment for sponsorship deals. While this change to the college sports landscape is fairly widely praised, it has raised some significant debate about keeping a competitive balance in the world of college sports, and overall fairness to schools that cannot compete with the vast offers of other programs. This landscape may require a salary cap to alleviate the fairness concerns that arise.
Should Private Equity Be Involved in Collegiate Sports?
In October 2024, a judge gave preliminary approval of a settlement over a multibillion-dollar class action lawsuit involving former collegiate athletes being denied compensation, House v. NCAA. One of the settlement conditions will be that universities can now pay players directly. Teams must now decide whether to pay players directly or rely on NIL compensation to remain competitive in recruiting top talent. This demand for players has made some speculate that conferences and their member universities will turn to private equity to help fund these teams.
Is NIL the Killer or the Key to Classifying Student-Athletes as Employees?
Will name, image, and likeness (NIL) accelerate or hinder student-athletes being classified as employees? NIL refers to a person’s legal right to control how their image is used. For several years, college athletes forfeited these rights when they signed with collegiate sports teams. However, three years ago, NCAA rules changed, allowing athletes to profit off their NIL. Even without NIL deals, an increasing number of student-athletes have sought compensation while playing for universities. Student-athletes have sought compensation ranging from travel expenses to minimum wage. Historically, student-athletes have not been considered employees under labor and employment laws. Recently, courts have been divided on whether athletes receiving compensation should be considered a student or an employee. The addition of NIL rights that allows student-athletes to receive payment might be the factor that will ultimately decide this issue.
The End of the ‘No Fund League’: NFL Allows Private Equity Fund Team Ownership
On August 22, 2024, the owners of the National Football League (NFL) teams voted to allow private equity funds to purchase ownership in the teams with 31 out of the 32 team owners voting in favor of the change. Critics of the change raise concerns that private equity investments will cause teams to more aggressively prioritize profit over quality, leading to a poorer fan experience. However, the league has drafted the change with appropriate safeguards to limit the influence of private equity owners while still achieving the goal of increasing funds available to teams to promote stability and growth throughout the league.
Tackling Concussions – How the NFL is Addressing Player Safety
On Thursday, September 12th, Miami Dolphins quarterback Tua Tagovailoa sustained his third career concussion during a game against the Buffalo Bills. Following his previous concussions, the NFL and the NFL Players Association (NFLPA) worked diligently to implement new protocols aimed at enhancing player safety and reducing the risk of traumatic brain injuries (TBIs). However, this latest incident has reignited online debate about player safety, TBIs, and the NFL’s implementation of Guardian Caps at training camps and practices.
How Removing Cannabinoids from the NCAA Banned Substances List Benefits the Organization and the Players
As marijuana use has been legalized in some capacity in a majority of states, there remains a notable population who is still banned from its use: student athletes. However, recent recommendations to the National Collegiate Athletic Association (NCAA) means that change could be on the horizon for collegiate athletes. Earlier this summer, the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) signaled its support for removing cannabis from the banned substance list and drug-testing protocols for student athletes. On September 22, 2023 the committee officially recommended that all three NCAA divisional bodies adopt legislation to remove cannabinoids from the banned drug classes. The recommendation was based upon the conclusion at the Summit on Cannabinoids in College Athletics hosted by the NCAA last December. They concluded that cannabinoids are not considered to be performance-enhancing, and the current policy was found to be ineffective at prohibiting use, and better implemented by individual schools.
Protecting the Sport or Protecting the Person: Why NIL Deals for College Athletes Need Federal Regulation
Mayhem has ensued in the world of college sports since July 1, 2021, when college athletes could first benefit from their name, image, and likeness (NIL) based on an interim policy passed by the National Collegiate Athletic Association (NCAA). Chaos emerged after a number of states adopted policies regarding athlete’s name, image, and likeness. This forced the NCAA to pass a policy allowing such deals across the board, while stating in their release that the organization would continue to work with Congress to create a solution on the national level. However, two years later, no such solution has come to fruition, and in that time, states that have a large investment in the success of their college sports have been able to create or edit their legislation to benefit the performance of their teams.
PGA Tour and LIV Golf Partnership: A Swing and a Miss?
The PGA Tour and LIV Golf have agreed to a partnership, ending the rivalry that has divided golf for the past year. While golf fans may be rejoicing, it may be a premature celebration as the Justice Department has already been investigating the golf industry for anticompetitive behavior. The announcement of the PGA Tour and LIV Golf partnership has raised further concerns about monopolistic practices within the golf industry.
“Fairness” Over Inclusion: Pushing Trans Athletes Out of Competitive Sports
The fight for inclusion and equality in sports has been a long and ongoing battle. In recent years, the participation of transgender athletes at the professional level has been one of the most contentious issues. Even as countries like the US have made strides to advance equality for transgendered people, the world of athletics has struggled to find a way of allowing trans athletes to participate while assuaging claims of unfairness and safety concerns. With their decision to ban all trans athletes from participating in women’s sports, World Athletics – which governs track and field worldwide – has once again brought this hotly debated issue to the forefront. The decision has raised questions about the future of transgender athletes in sports and highlights the ongoing challenges they face in achieving full inclusion and equality.
FIFA Needs a Referee: A Lesson on Corruption
The Fédération Internationale de Football Association (FIFA) deserves praise for growing the beautiful game of soccer since their founding in 1904; however, today the international governing body needs fixing. FIFA exists to govern football and to develop the game around the world. While FIFA preaches access and inclusivity, it has been plagued by corruption from the inside.