Tenured Law Professor. Fulbright Scholar. Sports Ethics Director. Attorney. Former Skadden. I write on Antitrust, IP, Higher Ed and Sports. Marc@MarcEdelman.com
New York, NY and Canberra, ACT
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Once again, i will be off social media today. I believe strongly in humanity and our ability to leave the world a better place than the one we entered. October 7, much like September 11, rebuts this worldview. I’ll leave this space for others’ reflections and not sports law.
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Marc Edelman retweeted
1) Securing our Olympic pipeline does not require an NCAA antitrust exemption and limiting athletes’s rights;
2) If protecting women’s sports is truly important, enforce Title IX, do not further empower the entity the isn’t even subject to it.
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And this is the system that Congress is trying to ‘save,’ at the expense of revenue-generating athletes. 🤷♂️
Youth sports has become a $40 billion for profit industry.
Now, many families are being priced out while those who choose to participate are stuck with massive expenses. @CapitolKVD discusses this on @KTVU
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To any journalist writing about how the #PCSA supposedly protects women’s and/or Olympic sports, you must talk to @DionneKoller. Years ago, Maria Cantwell handpicked Dionne as her choice to talk to Congress about college sports. I don’t think Dionne supports Cantwell’s new bill.
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I know a lot about sports history. I did not know this:
Senda Berenson, a Jewish immigrant from Lithuania, helped transform basketball for women.She adapted James Naismith’s new game, organized the first women’s collegiate basketball game in 1893. She became known as the Mother of Women’s Basketball.
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Marc Edelman retweeted
And I would add that like you, @MarcEdelman, @McCannSportsLaw is one of the few commentators who is highly credible. You are both true academics who are disinterested and analytical, not simply advocates. A badly needed perspective in this policy process.
Excellent article by @McCannSportsLaw. Part of what makes Mike's work uniquely excellent on this topic is his institutional knowledge of both the history and case law involving Law v. NCAA.
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Excellent article by @McCannSportsLaw. Part of what makes Mike's work uniquely excellent on this topic is his institutional knowledge of both the history and case law involving Law v. NCAA.
If the Protect College Sports Act would restrict earnings opportunities for college athletes, will college coaches face the same treatment?
Full story: sportico.com/law/analysis/20…
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Marc Edelman retweeted
The New York Knicks are NBA champions, which means increased sales for licensed Knicks apparel and other official merchandise.
The team is now taking counterfeiters and pirates to court in a federal lawsuit.
Details at @Sportico: sportico.com/law/analysis/20….
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If you haven’t noticed, higher education is handling Trump II differently from Trump I. In Trump I, higher ed fought with Trump about moral values. In Trump II, they’ve traded in moral posturing for negotiating deals to their benefit and detriment of others. #PCSA is an example.
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Back in the heyday of @nytimes, they’d be on top of this story. Murray Chass didn’t just accept on face value MLB’s “there is no collusion” claims. James Glanz didn’t just accept “DraftKings follows all laws.”Now, we need hard-investigative sports journalism more than ever.
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If you are a serious reporter covering the #PCSA, I think you need to ask Randy Levine: 1. Why are you involved; 2. Why are you writing memos on Yankees letterhead; and 3. Can you confirm point blank that if the #NCAA gets an exemption, #MLB will not contract minor league teams?
I think reporters would get a much better understanding of the #PCSA if we stop accepting what advocates claim the act does, and start looking at the actual incentives that each advocate has (college coaches, Trump, Baker, Cruz and Levine each stand out).
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Marc Edelman retweeted
Finally, a decision in the PTPA's antitrust lawsuit against the worldwide tennis cartel, brought by players on the pro circuit who endure an 11-month season and are penalized for injuries. It's Ad Plaintiffs.
The court denied motions to dismiss, motions to arbitrate, and jurisdictional challenges.
This case has everything -- agreements to suppress prize money, restrictions on NIL deals, forced boycotts of competing tournaments, noncompetes, a healthy dose of retaliation at Wimbledon this summer. And the Australian Open already settled and agreed to cooperate with plaintiffs during discovery.
The arbitration decision will bring controversy and probably be appealed within the month. Still a ways to go, but this is a big win.
Full opinion in replies below.
nytimes.com/athletic/7650744…
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The last time Maria Cantwell’s office called me — not long before she co-sponsored the bill I dislike — her staffers asked if the Sports Broadcasting Act should be expanded to cover college sports. I said expand it to cover any sports conference recognizing players as employees.
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While I disagree mightily with sports law prof Matt Mitten’s support of college sports legislation, I like him as a person. Our disagreement on the legal point goes back at least as far as 2015. Here’s my opposition to the concept, even way back then:
papers.ssrn.com/sol3/papers.…
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