Last week, Representatives Brandt Iden (R-Oshtemo) and Joe Tate (D-Detroit) presented bipartisan legislation that would allow college athletes to be compensated for their name, image, and likeness under certain circumstances in the State of Michigan.
So, let’s get to dissecting this sucker and perform a legal analysis!
Read MoreHere you will find links, news, etc. on laws announced, proposed, &/or passed
(last updated on 2/10/21)
Read MoreIn February, 6’3”, 310-pound offensive lineman Brock Hoffman agreed to transfer to and play football for Virginia Tech. He followed proper NCAA procedures and filed a waiver request to play football at Virginia Tech this upcoming season because, according to the current NCAA rules, a college athlete who transfers from a four-year college to an NCAA institution must complete one academic year of residence unless they qualify for a transfer exception or are granted a waiver from the rule. So, he sought immediate eligibility under NCAA Bylaw 14.7’s “Residency Requirement" relief, reportedly stating that he is transferring to be closer to his mom since she had a brain tumor removed and still suffers lingering effects from the surgery (“facial paralysis, hear (sic) loss and eye sight issues”).
The NCAA denied Hoffman’s waiver request.
Let’s talk a bit about (a) the requirements for this type of transfer waiver, (b) whether Hoffman’s case satisfies those requirements and whether the facts could be used in a different way for a stronger argument in his favor, and (c) how this is likely to go down on appeal and why.
Read MoreAs current and former athletes at NCAA-member institutions increasingly look toward the courts for relief from NCAA bylaws they deem unfair, a new ally has emerged in their endeavors to gain ground in this facet of the ongoing war between capital and labor. That new ally is state legislatures.
The mounting number of state legislatures who are considering drafting legislation aimed to give athletes at NCAA-member institutions more and new rights which aren’t currently afforded them under NCAA bylaws began in Washington state earlier this year.
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