Kaburakis, A., Potuto, J., Katz, R., and Hilbert, R.(2010). Amateurism Compliance, 21st Century Law, Intellectual Property and Student-Athletes’ Rights of Publicity, institutional promotions, marketing, and commercial activity.
2010 National Association for Athletics Compliance Annual Conference as part of the National Association of Collegiate Directors of Athletics Annual Convention, Anaheim, California – June 21-22, 2010
Continuing Legal Education (CLE) credits session
Yakovee, V. & Kaburakis, A. (2010). International Risk Management Considerations for the Global Sports Lawyer.
36th Annual Sports Lawyers Association Conference, Phoenix, Arizona – May 20-22, 2010
CLE credits session
Kaburakis, A., Miller, K, Dahlberg, E, and Patel, S. (2010). Science, Law, Policy and Inclusion leading to the London Olympics. Changing Perspective: Gender in Sport Competition.
Ithaca College Conference on Law, Policy and the Olympic Movement, London, England – May 13-15, 2010
Sharp, L. & Kaburakis, A. (2010). The National Letter of Intent: A Contract Analysis.
2010 College Sport Research Institute Scholarly Conference, University of North Carolina at Chapel Hill – April 21-23, 2010
Kaburakis, A., Kposowa, A., Paule, A., and Glyniadaki, A. Race, ethnicity, and the globalization of sports: stories of college athletes. (under review)
Kaburakis, A. Sport talent, labor migration, and the adventures of youth. A comparative analysis of the Junichi Tazawa and Brandon Jennings cases. (under review)
Kaburakis, A., Grady, J., Clavio, G., and Pierce, D. Delineating the Boundaries of Marketing Innovation Versus 21st Century Intellectual Property Theory in the Entertainment & Sports Industry. (under review)
Journal Articles
Kaburakis, A., Sharp, L., and Pierce, D. Integrating fields in Sport Law: Using the O’Brien v Ohio State University case to teach principles of Contract Law, NCAA Compliance, and International Arbitration. (under review)
Pierce, D., Lawrence, H., and Kaburakis, A. Creating Synergy between Athletics Compliance and Academic Programs. Student Workers in the Compliance Office. (under review)
Next to the amateurism developments elaborated below, it is good to review the article on international student-athletes in the Fall edition of NCAA’s Champion Magazine here. Also interesting to peruse, a recent article on ESPN here, and a very recent one from SI here.
UPDATE III: As anticipated, Proposal 2009-22 was adopted (note: Prop. 2009-22 amendments vote tally; pp 4, 9, 10) last Thursday, January 14, 2010, by the DI Legislative Council, pending Board of Directors review. There were significant last minute amendments pertaining to the effective date for tennis SAs, now set for Aug. 1, 2011, and the exclusion of skiing from the scope of the proposal.
Prior to the Legislative Council’s voting sessions, there were some additional concerns expressed by stakeholder groups, such as the American Swimming Coaches Association (p.15; Skiing Committee’s position on pp 21-22), recommending defeat or exclusion from the scope of the proposal.
Congratulations to all involved in passing this important legislative piece. During the seven months leading to Aug. 1, 2010 (effective date but for tennis SAs), a broad and in-depth membership educational effort will be needed for coaches, compliance staff, and other athletics administrators to fully realize recruiting opportunities and prepare for new challenges in this evolving era. As elaborated below, more “difference-makers” will be within coaches’ recruiting plans, thus an expansive research effort and cooperation between all constituents will be necessary to retrieve good data and as much sport-specific, case-by-case, useful information as possible on, e.g. allowable actual and necessary expenses in each region and sport.
Many PSAs, especially international prospects, and their families will be relieved to read these lines, as will be the several coaches, compliance personnel, and athletic directors who observed SAs serving withholding conditions and sitting out games due to the fact they played at a high level of competition, albeit without compensation, contracts, or agents, rather due to their country of origin sport system structure. The “no more vicarious professionalization” message disseminated by the membership, through the Amateurism Cabinet, to the Legislative Council, Board of Directors, and back to the membership soon, needs to be greatly valued, and constantly monitored in regard to abuses and possible attempts to circumvent its spirit. Abuses may entail not disclosing important financial data pertaining to PSAs preenrollment participation on high level club teams, or even more alarmingly, not making an effort to investigate and document the true value of, e.g. an IPSAs preenrollment participation in a top-level league or event in their country and region of origin. That is, IPSAs may very well be within the coverage of Prop. 2009-22 by merely playing on the top professional competition in their country and continent, however they may also go beyond the threshold (see below) because they received above and beyond permissible expenses under Bylaw 12. Hence, consistent research by this Faculty group and collaboration between member institutions, conferences, Amateurism Certification and Eligibility Center staff, SAR and Enforcement staff, and hopefully international sport federations and regional sport governing bodies, will allow for a clearer picture in a currently murky plane for recruiting coaches, administrators, and most importantly PSAs and their families. Figures are going to be needed, and data-driven policy is best attained through research such as the one this Faculty-Industry collaborative introduced years ago as elaborated below. Such collaborative research and policy-drafting projects need to carry on the efforts for balanced and informed policy and continued expansion of opportunities at trying times for PSAs and families all over the globe, for the utility and benefit of all involved in a fair manner.
Coaches, you may now seek your “difference-makers”… and please behave.
Dr. Kaburakis was in Greece 9/30-10/6 for the American Community Schools (ACS) of Athens International Coaching Clinic and academic-administrative meetings in Athens and Thessaloniki.
First Session was Thursday, October 1st, 6p, at ACS (new library): Bridges to Higher Education. Combining Education and Athletics.
Administrators, Academic Advisors, Coaches, Parents, and Prospective Student-Athletes session.
Various key constituents and administrators attended. Pleasant surprise to see approximately 80 attendees there. Everyone in this session contributed in making it a very informative, insightful, and enjoyable evening in view of assisting young student-athletes who wish to pursue both their academic and athletic dreams internationally.
Second and third sessions were held at the new library above the ACS gym on Saturday, October 3rd, 9a: The Bridge to the World of US College Basketball.
Session I: “How you can help your players…” Scholarship opportunities for Greek and international athletes in US colleges and universities. Amateurism policy and recent developments.
Session II: “How you can help yourself…” Coaches’ opportunities for graduate studies, involvement with NCAA coaches, and NCAA teams.
Coaches and basketball constituents from all parts of Greece and Cyprus attended the event.
Time was well spent, discussing important issues of impact on young people’s academic and athletic pursuits.
Thanks to all the coaches who attended during the national election weekend. Your presence was much appreciated and organizers trust you enjoyed a productive experience. Hopefully this interaction and ensuing opportunities for further cooperation will allow coaches and administrators to offer valuable service to young athletes.
The clinic was an outstanding event, featuring top-level NCAA Division I Men’s and Women’s basketball coaches with long records of success in highly competitive settings, NCAA post-season participation, NCAA Final Fours, USA basketball and international coaching experience, as well as Greek coaches with recent unprecedented international competitions’ success in FIBA events. The clinic was accredited by the Greek Basketball Coaches Association and the Greek Basketball Federation.
Dr. Kaburakis is assisting Annie Constantinides, Director of Athletics at the American Community Schools (ACS) of Athens, Greece, in planning and organizing the 1st ACS International Basketball Clinic, featuring top-level NCAA Division I Men’s and Women’s basketball coaches and Greek coaches with recent international competitions’ success in FIBA events. The clinic is accredited by the Greek Basketball Coaches Association and the Greek Basketball Federation.
There has been considerable work invested into the project and it promises to be a top quality event. According to the latest updates from ACS Athens and the Coaches Association, coaches and basketball constituents from all parts of Greece will attend the event.
The clinic’s homepage and registration forms found here.
UPDATE:
Due to the general national elections in Greece October the 4th, the clinic updated schedule is found here.
Wonderful… more good food for writing and thinking purposes…
Alex and other colleagues from Portugal, please take this and run for our enjoyment (non-Sport&EU members, consider joining the listserve to receive responses and thoughtful academic discourse).
There goes the establishment clause in EC Treaty (somewhat), importantly the services clause, and the principle of the Country of Origin… In agreement re: balanced tone and limitations to justified restrictions, however it is an interesting blow for UK-based operators (here via Gibraltar)… Let’s monitor. Some links, pertinent sections of today’s ECJ judgment, a manuscript, and a comparative outline of interest below:
First, Santa Casa’s long existence, spanning more than five centuries, is evidence of that body’s reliability. Second, the Portuguese Government points out that Santa Casa operates under its strict control. The legal framework for games of chance, Santa Casa’s statutes and government involvement in appointing the members of its administrative organs enable the State to exercise an effective power of supervision over Santa Casa. That system, based on legislation and Santa Casa’s statutes, provides the State with sufficient guarantees that the rules for ensuring fairness in the games of chance organised by Santa Casa will be observed.
66 In that regard, it is apparent from the national legal framework, set out in paragraphs 12 to 19 of the present judgment, that the organisation and functioning of Santa Casa are governed by considerations and requirements relating to the pursuit of objectives in the public interest. The Gaming Department of Santa Casa has been given the powers of an administrative authority to open, institute and prosecute proceedings involving offences of illegal operation of games of chance in relation to which Santa Casa has the exclusive rights.
67 In that connection, it must be acknowledged that the grant of exclusive rights to operate games of chance via the internet to a single operator, such as Santa Casa, which is subject to strict control by the public authorities, may, in circumstances such as those in the main proceedings, confine the operation of gambling within controlled channels and be regarded as appropriate for the purpose of protecting consumers against fraud on the part of operators.
69…
the mere fact that an operator such as Bwin lawfully offers services in that sector via the internet in another Member State, in which it is established and where it is in principle already subject to statutory conditions and controls on the part of the competent authorities in that State, cannot be regarded as amounting to a sufficient assurance that national consumers will be protected against the risks of fraud and crime, in the light of the difficulties liable to be encountered in such a context by the authorities of the Member State of establishment in assessing the professional qualities and integrity of operators.
Kaburakis, A., Pierce, D., Fleming, O., Clavio, G., Lawrence, H., and Dziuba, D. “It’s in the likeness”. NCAA Student-Athletes’ Rights of Publicity, EA Sports, and the video-game industry. The Keller forecast.
Entertainment and Sports Lawyer (American Bar Association’s Forum on the Entertainment and Sports Industries) (in press)
Pierce, D., Kaburakis, A., and Fielding, L. The New Amateurs: The National Collegiate Athletic Association’s Application of Amateurism in a Global Sports Arena.
International Journal of Sport Management (in press)
Kaburakis, A. Litigation opportunism, or systemic change de jure?
The ongoing legal war and impending crucial battles that may change the NCAA… or confirm its unique position in the world of sport.
World Sports Law Report (in press)
(Pending Proposal Draft for Competition with Professionals and Definition of Professional Team, namely the reconsideration of withholding conditions for prospects who competed pre-enrollment on teams that featured professionals, but did not themselves receive above and beyond permissible expenses per Bylaw 12, as well as treatment of post-first-opportunity-to-enroll amateurism matters, will be posted herein as soon as it becomes available.Related Amateurism Cabinet Reports from February and June 2009 meetings are important to review.)
To amend Proposal No. 2008-79 to specify that, in men’s basketball, an enrolled student-athlete may enter a professional league’s draft one time during his collegiate career without jeopardizing eligibility in the sport, provided the student-athlete requests that his name be removed from the draft list and declares his intent to resume intercollegiate participation no later than the end of May 8 of the year in which the draft will occur; the student-athlete’s declaration of intent is submitted in writing to the institution’s director of athletics; and the student-athlete is not drafted.
Amend 12.2.4.2.1, as follows:
12.2.4.2.1 Exception — Professional Basketball Draft — Four-Year College Student-Athlete.
12.2.4.2.1.1 Men’s Basketball. In men’s basketball, an enrolled student-athlete may enter a professional league’s draft one time during his collegiate career without jeopardizing eligibility in that sport, provided:
(a) The student-athlete requests that his name be removed from the draft list and declares his intent to resume intercollegiate participation byno later than the end of May 8 of the day prior to the first day of the spring National Letter of Intent signing period for the applicable year in which the draft will occur;
(b) The student-athlete’s declaration of intent is submitted in writing to the institution’s director of athletics; and
(c) The student-athlete is not drafted.
12.2.4.2.1.2 Women’s Basketball. In women’s basketball, an enrolled student-athlete may enter a professional league’s draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete is not drafted by any team in that league and the student-athlete declares his or her intention to resume intercollegiate participation within 30 days after the draft. The student-athlete’s declaration of intent shall be in writing to the institution’s director of athletics.
Atlantic Coast Conference.
August 1, 2009
Amendment-to-Amendment
Amateurism
Concern has been expressed by some that the timeline provided in Proposal No. 2008-79 does not provide student-athletes with sufficient time to make informed decisions in the pursuit of a professional career. The NBA has recently changed its policies to permit its teams to conduct individual tryouts beginning in late April. In that regard, extending the deadline to May 8 is more appropriate and should provide a student-athlete sufficient time to gather information about his draft status. Further, it will also allow institutions time to make recruiting decisions and, if necessary, sign prospective student-athletes to financial aid agreements prior to the conclusion of the National Letter of Intent spring signing period.
None.
None.
Mar 16, 2009:
Submit; Submitted for consideration.
Apr 20, 2009:
Leg Council Init Review, Adopted; Pending Possible Board of Directors Review
Apr 30, 2009:
Adopted, Override Period; No Action Taken by the Board of Directors
May 01, 2009:
Adopted, Override Period; Start of Override Period
Jun 29, 2009:
Adopted, Override Period; End of Override Period; (Number of Override Requests = 3)
In men’s basketball, to specify that an enrolled student-athlete may enter a professional league’s draft one time during his collegiate career without jeopardizing eligibility in the sport, provided the student-athlete requests that his name be removed from the draft list and declares his intent to resume intercollegiate participation by the end of the day prior to the first day of the spring National Letter of Intent signing period for the applicable year; the student-athlete’s declaration of intent is submitted in writing to the institution’s director of athletics; and the student-athlete is not drafted.
Amend 12.2.4.2.1, as follows:
12.2.4.2.1 Exception — Basketball — Four-Year College Student-Athlete.
12.2.4.2.1.1 Men’s Basketball. In men’s basketball, an enrolled student-athlete may enter a professional league’s draft one time during his collegiate career without jeopardizing eligibility in that sport, provided:
(a) The student-athlete requests that his name be removed from the draft list and declares his intent to resume intercollegiate participation by the end of the day prior to the first day of the spring National Letter of Intent signing period for the applicable year;
(b) The student-athlete’s declaration of intent is submitted in writing to the institution’s director of athletics; and
(c) The student-athlete is not drafted.
12.2.4.2.1.2 Women’s Basketball. In women’s basketball,Anan enrolled student-athlete in basketball may enter a professional league’s draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete is not drafted by any team in that league and the student-athlete declares his or her intention to resume intercollegiate participation within 30 days after the draft. The student-athlete’s declaration of intent shall be in writing to the institution’s director of athletics.
NCAA Division I Board of Directors
August 1, 2009
Amendment
Amateurism
Currently, men’s basketball student-athletes have 30 days after the NBA draft to indicate their intent to return to intercollegiate participation. As a result, such student-athletes have a three month period between April and July during which to make a decision. Such an extended time period is intrusive on academic performance during the spring and increases the potential for outside individuals to have a negative influence on the well-being of student-athletes. Establishing a shorter time frame by which student-athletes must withdraw from the draft and declare their intent to resume intercollegiate participation will encourage student-athletes to refocus on academics sooner and lessen the potential for violations of NCAA rules that will jeopardize their amateur status. In addition, the proposed time frame will assist coaches in roster planning. The proposed deadline will still provide sufficient time for student-athletes to declare their draft intentions. Professional teams devote significant resources to in-season scouting and film evaluation and sufficient information regarding draft projections is available before the proposed deadline to assist student-athletes with making an informed decision regarding an early departure to pursue a professional career.
None.
None.
Amateurism Cabinet The cabinet expressed concern that the timeline provided in the proposal would not provide student-athletes with sufficient time to make an informed decision about their futures. The cabinet discussed whether an early- to mid-May deadline ( e.g., May 8 ) would be more appropriate as it would provide student-athletes more time to gather information about their draft status and would still allow institutions time to sign prospective student-athletes to athletics tenders prior to the conclusion of the National Letter of Intent spring signing period.
Oct 29, 2008:
Submit; Submitted for consideration.
Oct 30, 2008:
Board of Directors; Sponsored into the 2008-09 Legislative Cycle
Jan 15, 2009:
Leg Council Init Review, Forwarded for Membership Comment
Jan 18, 2009:
Comment Period; Start of Comment Period
Feb 20, 2009:
Amateurism Cabinet, No Formal Position
Mar 18, 2009:
Comment Period; End of Comment Period; (Official Comment Totals: Support = 4, Oppose = 6, Abstain = 1)
Apr 20, 2009:
Leg Council Final Review, Adopted; Pending Possible Board of Directors Review
Apr 30, 2009:
Adopted, Override Period; No Action Taken by the Board of Directors
May 01, 2009:
Adopted, Override Period; Start of Override Period
