As we complete the final week of our course we enter the most interesting and challenging topics – Labor Law and Antitrust. These issues are at the forefront of current news as MLB announced a lockout just last week. In addition, the 2020 Supreme Court decision in Alston v. NCAA (attached) announced a major change in the rules governing compensation for student athletes. That decision was a product of many years of litigation and a series of court decisions (essentially emanating from the O’Bannon v NCAA lawsuit, as explained in the Alston decision).
The text for this week is from the Wong book which will provide you with a background and overview of the major principles. However, to get current, you will need to be understand Alston and how it changes prior law.
The other assigned case is the decision of the United States Court of Appeals for the Second Circuit in Clarett v. NFL. Although this remains good law to date, this body of law could change as well. In fact, the lower court decision found for Clarett.
For your final assignment, please complete an analysis of the Alston decision and its implications. Your analysis should begin with a summary of the decision and its reasoning to demonstrate you understand the Court’s holding and the reasoning the Court provided for making this material change. Any time a court changes current law it is very important to understand that Court’s reasoning. The court also addresses the preceding decisions. Your final paper should demonstrate an understanding of how the Court justified its change. Next, you should apply the reasoning in Alston to consider the future implications for college sports. How will this decision affect current athletes? What can or will they be able to do with their names, images and likenesses? In addition, you should address the questions of whether this decision indicates that college athletes are likely to be entitled to payment for their play (states why or why not and explain your reasoning). Please think about and consider other possible issues that you think may arise as a result of the Alston case and address those in your paper. Please note that your final paper should also address whether you think the Supreme Court would change the Clarett decision if the case was brought again today. In other words, applying the reasoning of Alston as the governing law, you should state how you believe the Court would hold if the Clarrett issue was raised again now and you should explain why the Court would or would not find for Clarett by explaining your reasoning to show your understanding. Please note there is no right or wrong answer to this question – we cannot know for sure what the Court would do if this questions was brought again today. The important thing for you to do is to explain your conclusion by showing your understanding of the Alston decision.
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