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The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA

From September 2019—when California became the first state to pass a name, image, and likeness (NIL) law—until now, the intercollegiate athletic community has fielded a deluge of new enacted and proposed regulations from states, Congress, the NCAA, and now individual institutions. As the proverbial NIL floor was shifting, there was one thing on everyone’s minds: […]

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NCAA v. Alston at the Supreme Court

March 31, 2021 marked an important moment in the history of college sports. The Supreme Court heard oral argument in a case involving the NCAA for the first time in nearly 40 years. This article provides a comprehensive summary of that argument. What is Alston and how did we get here? The question at issue

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The Sustainability Rebrand

The equivalent of one garbage truck full of clothes is burned or dumped in a landfill every second. The fashion industry is dominated by the glorified notion of conspicuous consumption: just watch as Burberry burns millions of dollars’ worth of merchandise rather than tarnish the brand’s exclusivity. Sustainability, conspicuous consumption’s arch nemesis, has sorely needed

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Whose Song is it Anyway? Professional Sports and the DMCA

The Digital Millennium Copyright Act (DMCA) provides protection for copyright holders to quickly allow for the removal of their material from the Internet if it is used illegally. It has a major presence in much of our entertainment world, particularly in the streaming community. The process of a DMCA takedown takes place as companies and

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What If the NCAA Litigated State NIL Legislation?

When the NCAA promised to explore rule changes related to name, image, and likeness (“NIL”)  and subsequently released a working group report proposing an outline for legislation on the issue, many praised the passage of California’s Fair Pay to Play Act (“FPP”) as forcing the NCAA’s hand. Backed into a corner by the possibility of

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