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Columbus partner, Kevin Braig, featured in an ABC6 News report regarding the recent Senate Bill 111 which would legalize sports betting in Ohio

Betting on sports with smartphoneColumbus partner, Kevin Braig, was featured in an ABC6 News report regarding the recent Senate Bill 111 which would legalize sports betting in Ohio.

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Trial in Landmark Student-Athlete Compensation Case Gets Underway

NCAAAs an exciting weekend of college football kickoff games comes to a close, a trial that could fundamentally alter the landscape of collegiate athletics is just beginning. On September 4th, a bench trial began in the consolidated cases of Jenkins v. NCAA and In Re Athletic Grant-In-Aid Cap Antitrust Litigation. Largely considered the strongest legal challenge to the principle of amateurism to date, the consolidated Jenkins has been bound for trial since March 28th of this year, when Judge Claudia Wilken of the U.S. District Court for the Northern District of California denied the NCAA’s Motion for Summary Judgement.

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New Amendments to FIFA RSTP Regulations

Shumaker is pleased to share this FIFA news from our colleagues at Globaladvocaten.

maracana-stadium-brazilBased on a cooperation agreement executed between FIFA and FIFPro (the World Players’ Union), in autumn 2017, FIFA amended its Regulations on the Status and Transfer of players, which has had a substantial impact on contractual relationships between clubs and (professional) football players.

Among the improvements agreed upon were several changes regarding dispute resolution between players and clubs, particularly for decisions in cases of overdue payables, as well as new provisions to avoid the abusive conduct of parties, such as players being forced to train alone.

As a consequence, the amended FIFA Regulations on the Status and Transfer of Players, effective as of 1 June 2018, include a provision that the abusive conduct of a party forcing the other to terminate a contract or amend its terms entitles the other party to terminate the contract with “just cause” (art. 14(2)). This article should tackle the practice of clubs marginalizing players, forcing them to train alone and using otherwise unsavory methods to force players to accept contractual terminations or pay cuts, although a player might be guilty of abusive conduct as well.

Read the rest of this article on Globaladvocaten’s website found here.

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Best Practices for Combating Student Athlete Mental Health Concerns

Young man resting on the stairs after runningOver the last few years, the mental health of athletes in general has become a national conversation with several star players like the NBA’s Kevin Love and DeMar DeRozan speaking out on the subject.[1] It is an issue that is being recognized not just in professional sports, but at the collegiate level.  This prompts the question:  what are universities doing to combat the unique risk of mental health problems that a college atmosphere can create?

In 2016, the NCAA released a document titled “Mental Health Best Practices” in response to these growing concerns.[2] In it, the NCAA outlines what they call, “[F]our key components for understanding and supporting student-athlete mental wellness on the college campus.” These four components include: Continue Reading »

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Handicapping Christie v. NCAA: How will the Supreme Court Vote on PASPA?

Introduction

The briefing is complete and the oral argument is over in Christie v. NCAA. All that remains is for the Supreme Court to decide the case. How will the Court decide? Will New Jersey blow up the PASPA dam and send regulated sports betting gushing throughout the land? Or will the sports organizations maintain their right to decide how a controlled release of regulated sports betting should occur? Here is my handicapping of how each Justice may vote. But before we look at each Justice individually, there are three meta-aspects of this case that should be considered in handicapping the vote. Continue Reading »

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Reform the Federal Sports Betting Excise Tax “Dilemma”

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Now that Congress has passed a budget resolution that sets the stage for fast-track tax reform, here is one tax that clearly should be included in any reform package:

The excise tax on sports betting that is codified in sections 4401 and 4411 of the Internal Revenue Code.  See 26 U.S.C. §§ 4401 and 4411.

The excise tax on sports betting contributes nothing to the national treasury and was never intended to do so.  Rather, Congress included this excise tax in the Revenue Act of 1951 “to facilitate the enforcement of state criminal laws against gambling.”  Note, The Federal Gambling Tax and the Constitution, 43 J. of Crim. Law and Criminology 637, 637 (1953).  Continue Reading »

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Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

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In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence prevention. As part of this new policy, the university president or chancellor, athletics director, and Title IX coordinator must attest annually that such education was provided. This also includes a declaration that: Continue Reading »