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Wednesday, January 29, 2014
Will Efforts to Unionize Student Athletes Hurt the Antitrust Case Against the NCAA?

Following up on Warren Zola and Michael McCann's commentaries on news of Northwestern University football players seeking to unionize:

(1) I discuss on Forbes 21 reasons why student-athletes are "employees" and should be allowed to unionize.

(2) But, even if student-athletes may unionize, labor leaders must be cautious about how unionizing will affect the ongoing antitrust litigation against the NCAA.

For further discussion on the interplay between labor and antitrust laws in U.S. sports and the antitrust risks associated with unionizing student-athletes, I discuss that topic in my recent article in Forbes Sports Money, "If College Football Players Unionize, It May Hurt Their Antitrust Case Against the NCAA."

For further discussion of the merits of the NCAA Student-Athlete Names & Likeness Licensing Litigation lawsuit, please see the current draft of my upcoming Oregon Law Review article, "The Future of Amateurism After Antitrust Scrutiny."


The NCAA must feel a lot like General Custer right now. And, like him, they are responsible for the problems they now face.

Blogger Doug Sligh -- 1/30/2014 7:23 AM  

Why are these Northwestern athletes more special than the rest of the student body that play intramural sports - students who don't get any remuneration from the university - and get hurt? Can they unionize. Wait, can everyone one that goes to college be automatically enrolled in a union?

Anonymous Anonymous -- 1/30/2014 8:56 AM  

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