Category:Athletic Regulation
Online Daily Fantasy Sports – Gambling or Derivatives Trading?
Patrick Gilsenan Senior Editor Loyola University Chicago School of Law, Weekend JD Dec. 2022 The question of why it’d be legal to gamble in the stock market but not the Super Bowl has been made moot in recent years. In the wake of recent Supreme Court decisions and state legalization, sports betting is widespread and …
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Fan Tokens: What to Know About the Emerging Blockchain Technology
While a new category of digital assets has become mainstream in Europe, regulatory concerns in the U.S. have largely kept American sports enthusiasts out of the market for now. These new digital assets are referred to as “fan tokens”, a blockchain-based technology that allows teams to enhance their fan engagement.
Will Congress Crack Down on the NFL?
Within the past few years, the NFL has faced a plethora of scrutiny. Recent sexual harassment and discrimination allegations have pushed the NFL into Congress’ radar. Congressional roundtable discussions have highlighted the importance of regulating the NFL, but no changes have been made yet.
Olympics Sponsors Keep Quiet as the 2022 Games Loom
The 2022 Beijing Olympics will reach millions of people around the world. Despite the Games quickly approaching, the most prominent Olympic sponsors have remained silent about the human rights violations in China. The United States announced the decision to diplomatically boycott the games but athletes will compete.
International Student-Athletes Lose Out in NIL Era
The NCAA’s interim Name, Image, and Likeness (“NIL”) policy has made it possible for student-athletes to receive compensation, however, equitable shortcomings are evident. The most significant issue is faced by international student-athletes, who are substantively barred from capitalizing on the NIL opportunities afforded to their American counterparts.
NBA Healthcare Fraud Scheme
Krista Solano Associate Editor Loyola University Chicago School of Law, JD 2023 Eighteen former NBA players were charged with defrauding the league’s health and welfare benefit plan. The former players were charged under 8 USC Section 1347, otherwise known as the federal healthcare fraud statute. The fraud scheme submitted $3.9 million in fake claims, for …
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Professional Sports Leagues and Vaccine Mandates
Following President Biden’s announcement mandating vaccinations for companies with over one hundred employees, major professional sports leagues may be required to ensure compliance with the mandate. This mandate has the potential to have sweeping implications throughout professional sports, from the athletes, to staff and even spectators. The NFL, NBA, and MLB all have high vaccination rates among their players and the staff that works closely with them, since many teams have already mandated that players and those working in “close proximity” to them be vaccinated. However, their back-office staff are less protected, as those employees have yet to be subjected to strict protocols of the rest of the leagues. Despite these high vaccination rates among athletes and certain staff members, the leagues have been reluctant to institute absolute mandates. But that doesn’t mean that athletes don’t still have a responsibility not only to get vaccinated but also encourage others to do so as well.
NCAA Name, Image and Likeness Legislation Raises Concerns
On June 29, 2021, Illinois Governor J.B. Pritzker signed a bill into law that allows collegiate student-athletes to hire agents and sign endorsement deals effective as of July 1, 2021. This bill puts Illinois among a number of states which have begun to pass legislation allowing student-athletes to receive payment for the use of their name, image, and likeness (“NIL”). While these laws open opportunities for student-athletes, they also present several potential challenges to the NCAA, the governing body for collegiate athletics in the United States, and its member institutions barring any Congressional assistance.
Altering Injuries: Loss of Scholarship to Long-Term Consequences
Athletic scholarships pave the way for student-athletes to attend the schools of their dreams, yet serious injuries can turn their dreams into nightmares, regardless of whether the injuries have immediate or future effects. In the relentless pursuit of illustrious professional league contracts and national championships, athletes may fail to get properly evaluated or be less inclined to accept being sidelined for what they perceive as minor, short-term injuries. The unwary athlete may find themselves losing their scholarship and suffering life-long consequences as a result. While the NCAA was established in 1906 for the purpose of protecting athletes from a trend of injuries and death in college football, the governing body has seemingly veered off course of prioritizing student-athlete welfare.
Supreme Court to Make a Decision Regarding the NCAA’s Monopoly in Collegiate Athletics
The Supreme Court began hearing oral arguments in the matter of National Collegiate Athletic Association v. Alston, et al. on March 31st, 2021. After decades of controversy regarding what restrictions the National Collegiate Athletic Association (NCAA) should be allowed to place on their member universities to compensate their collegiate athletes, many antitrust experts hope that the Supreme Court’s decision will give a final decision on if the NCAA’s current regulations are a violation of Section 2 of the Sherman Act and if they are, are they still justified by the NCAA’s goals.