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Justice Delayed or Justice Denied?

By Brent Lorentz on August 7, 2015
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Many college sports aficionados are likely aware of the long-raging debate about whether college athletes in high revenue sports, like football and basketball, ought to be paid for their services. After all, college sports have become big business where top schools are routinely able to generate revenues exceeding $100 million dollars.  (See Business Insider Article here).  Those of us with an inherent and nagging sense of fairness and justice have felt that the athletes contributing to such riches should receive something for their efforts aside from a “free” education.  (For the brilliant John Oliver takedown of the NCAA position, see here.)  No doubt the free education is valuable, but it is a relative pittance to dollars we’re talking about here.

With this background, many of us were heartened to read the August 8, 2014 opinion by the United State District Court for the Northern District of California which required the NCAA to allow schools to pay athletes modest sums for their contributions on the athletic fields/floors.  The trial judge originally ordered that her ruling would be effective pending an appeal.  Unfortunately, on July 31, 2015, the United States Court of Appeals for the Ninth Circuit stayed the district judge’s ruling pending the decision on appeal.  This means that we will continue at least a little longer on the “no pay for athletes” model.

The Court heard oral argument on March 17, 2015 and is presumably working on a decision about whether it will affirm the district court’s ruling.  However, the Ninth Circuit’s most recent order is not a positive sign.  Although the order said that it was being entered “without expressing a view as to either party’s likelihood of success on the merits,” it seems unlikely that the appellate court would have entered this stay unless it was planning on reversing the district court decision.  We should soon know whether this case, which has been ongoing since 2009, was all in vain.

 

Brent Lorentz

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law…

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. My gravitation towards intellectual property law, specifically, was probably less accidental, given the immeasurable impact of being a college student during the Napster® era. I’m the product of a modest, small-town Minnesota upbringing combined with some polish from a diverse educational background. I received my engineering degree from the University of North Dakota and then, on a whim, moved to North Carolina to attend law school at Duke University. The drastic temperature swing was certainly not the only difference between the two locales, and come to think about it, the only real similarity is probably the word “North.”

An engineer by training, I appreciate both quantitative and qualitative valuation. These two concepts collide head-on in IP law, creating what is, in my humble opinion, the most entertaining and exciting area of law. As we move towards an information-based economy, the laws which govern the incentivization, protection and distribution of information will only become more important.  I see IP law as the front line.

When I’m not focusing on the law, I can typically be found (WARNING: stereotype coming) on the golf course. I also enjoy skiing (downhill and water). Unfortunately, as is the case with most hobbies, my skill level has not yet caught up to my enthusiasm. Perhaps when I retire…

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  • Posted in:
    Employment & Labor
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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