Marc Edelman
@profmarcedelman.bsky.social
30 followers 23 following 14 posts
Tenured Law Professor. Fulbright Scholar. Sports Ethics Director. Attorney. Former Skadden. I write on Antitrust, IP, Higher Ed, Sports an Gaming. [email protected]
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profmarcedelman.bsky.social
Every time the #NCAA gets a new bad legal idea, there’s a law review article waiting on the topic. As the NCAA is again discussing restraining athlete transfers, @mcarrier.bsky.social and I already have an article expressing why the restraints violate antitrust law:

papers.ssrn.com/sol3/papers....
An Antitrust Analysis of the NCAA Transfer Policy
The National Collegiate Athletic Association (NCAA) is no stranger to antitrust law. As a trade association composed of nearly all U.S. colleges offering compet
papers.ssrn.com
profmarcedelman.bsky.social
I am not sure how we went from an era of government-organized boycotts of Socialists in Hollywood (terrible) to an era where New Socialists in Hollywood organize boycotts of other groups (also terrible). But, I am thankful companies like Paramount are seeing through the ugliness of group boycotts.
profmarcedelman.bsky.social
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If you are trying to rap your hands around the legal issues involving college sports, there are so many thorough articles available on @ssrn.bsky.social. Among them is "The Collegiate Athlete," written by @mccannsportslaw.bsky.social, John Holden, and myself:

papers.ssrn.com/sol3/papers....
The Collegiate Employee-Athlete
The past two years have brought important legal changes to the intercollegiate sports industry, with the U.S. Supreme Court striking down aspects of the NCAA’s
papers.ssrn.com
profmarcedelman.bsky.social
(1) As a general matter, industry-specific #antitrust exemptions are a bad idea. Antitrust law preserves free markets: the essence of our capitalist, economic system.

(2) As a specific matter, granting an exemption to the #NCAA is especially ugly b/c they want it to exploit young athlete labor.
profmarcedelman.bsky.social
The DOJ has just adopted my once iconoclastic view that the entirety of the NCAA limits on college athlete compensation violate federal antitrust laws. Even if I never publish another law review article, I can earnestly say my career has been gratifying.

papers.ssrn.com/sol3/papers....
A Short Treatise on Amateurism and Antitrust Law: Why the NCAA's 'No Pay' Rules Violate Section One of the Sherman Act
The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling ch
papers.ssrn.com
profmarcedelman.bsky.social
Fellow sports law profs: were any of you contacted by the DOE before they issued their memo on Title IX & NIL? Given the nature of my work, I'm a little surprised nobody ever contacted me. I'm even more surprised there isn't a single footnote in the memo citing legal scholarship
profmarcedelman.bsky.social
Just finished reading the DOE-OCR memo on NIL and Title IX and am looking for a McKayla Maroney face emoji. I'm not going to judge the conclusion (it's a complex issue) but the analysis of NIL collectives seems perfunctory and the use of the term "student-athletes" cringeworthy.
profmarcedelman.bsky.social
Just finished reading the DOE-OCR memo on NIL and Title IX and am looking for a McKayla Maroney face emoji. I'm not going to judge the conclusion (it's a complex issue) but the analysis of NIL collectives seems perfunctory and the use of the term "student-athletes" cringeworthy.
profmarcedelman.bsky.social
Next time Charlie Baker suggests truncating the transfer portal to better align athletics with the academic calendar, ask him why the college football national championship game is now played during the spring semester.
profmarcedelman.bsky.social
NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...
An Antitrust Analysis of the NCAA Transfer Policy
<div> The National Collegiate Athletic Association ("NCAA") is no stranger to antitrust law. As a trade association composed of nearly all U.S. colle
dx.doi.org
profmarcedelman.bsky.social
NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...
An Antitrust Analysis of the NCAA Transfer Policy
<div> The National Collegiate Athletic Association ("NCAA") is no stranger to antitrust law. As a trade association composed of nearly all U.S. colle
dx.doi.org
profmarcedelman.bsky.social
Just read Herb Hovenkamp's "Antitrust Populism" and pleased to see that even Hovenkamp now describes the #NCAA restraints that were challenged in Alston as "little more than a naked cartel." Of course, he's right!
profmarcedelman.bsky.social
As someone who has devoted 20+ years to legal research on college sports, I say Grant House shouldn't be made into the face of the college athletes' rights movement. Grant House is likely not an employee. Grant House's FMV is near zero. Grant House is a red herring. papers.ssrn.com/sol3/papers....
The Collegiate Employee-Athlete
The past two years have brought important legal changes to the intercollegiate sports industry, with the U.S. Supreme Court striking down aspects of the NCAA’s
papers.ssrn.com
profmarcedelman.bsky.social
There has been a lot of excellent legal research lately on college athletes as employees. Here's another article, from Haley Lukas: a JD/MBA student at @CornellLaw and a former D-I soccer player at Cal.

www.cornelllawreview.org/2024/12/18/p...
Payment as Punishment: Establishing College Athletes as Employees to Safeguard Athlete Welfare in the “Super Conference” Era – Cornell Law Review
www.cornelllawreview.org
profmarcedelman.bsky.social
I will be presenting on college sports and antitrust law at @TheAALS conference in San Francisco on Wednesday January 8. If you are a law professor, please stop by and say “hello.” Even if you don’t follow sports or antitrust, this pertains to the broader higher ed industry.
profmarcedelman.bsky.social
Just joined this platform. I miss the network effects of everybody being on one platform. But, I also miss the opportunity to interact with some of my favorite accounts who have left Musk-land.