NIL: The good, the bad, the ugly

Date: Monday, October 17, 2022, 2:30 – 3:30 PM ET

Webinar Description:

The world of college sports has changed dramatically in the past few years. Litigation has secured unparalleled rights for individual athletes. The most notable, following the NCAA’s 2021 Supreme Court loss in NCAA v. Alston, is that college athletes can now receive compensation for their “name, image, and likeness” (NIL).

This change ushers in an era of new recruiting approaches, fresh opportunities for donors and boosters to influence athletes, and a predictable focus on the corrupting influences of money. This webinar brings together three national sports law experts to discuss NIL — the good, the bad, and the ugly.

 

Learning Objectives:

 

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Speakers

 

Tan Boston, J.D., LL.M., Assistant Professor of Law, Northern Kentucky University Chase College of Law

 

Professor Tan Boston returns to Northern Kentucky University Chase College of Law as an Assistant Professor, after serving as a Visiting Assistant Professor at Chase during the 2020-21 academic year. Her teaching interests include property, intellectual property, and sports law. She serves on the Executive Board for the Sports Law Section of the Association of American Law Schools (AALS), and chairs the Diversity, Equity and Inclusion Committee of the Sports and Recreation Law Association (SRLA). Prior to joining the Chase Law faculty, Professor Boston was the Director of LL.M. & M.S.L. Programs and a Visiting Assistant Professor at the University of Dayton School of Law.

Professor Boston’s scholarly research focuses on the intersections between sport, intellectual property, and civil rights. Her work appears in the Stanford Journal of Civil Rights and Civil LibertiesVirginia Journal of Law and Technology and the Marquette Sports Law Review, among others. She attended law school at the University of Virginia, where she served on the Editorial Board of the Virginia Journal of Law and Technology. After graduating from Virginia, Professor Boston’s career included stints at the National Collegiate Athletic Association (NCAA) and Wyndham Worldwide. She holds a B.A. from Florida Atlantic University, J.D. from the University of Virginia School of Law, and an LL.M. from the University of Dayton School of Law.

 

 

Matthew Mitten, J.D., LL.M., Professor of Law and Executive Director, National Sports Law Institute, Marquette University Law School

 

Matt is a Professor of Law and the Executive Director of the National Sports Law Institute and the LL.M. in Sports Law program for foreign lawyers at Marquette University Law School in Milwaukee, Wisconsin. He served as the Law School’s Associate Dean for Academic Affairs from July 2002 to June 2004. He currently teaches Amateur Sports Law, Professional Sports Law, Sports Sponsorship Legal and Business Issues Workshop, Antitrust Law, and Torts.

He has authored Sports Law in the United States (Wolters Kluwer 2011, 2nd ed. 2014, 3rd ed. 2017) and co-authored a law school textbook, Sports Law and Regulation: Cases, Materials, and Problems (Aspen/Wolters Kluwer 2005, 2nd ed. 2009, 3rd ed. 2013, 4th ed., 2017, 5th ed. 2020), and Sports Law: Governance and Regulation (Wolters Kluwer 2013, 2nd ed. 2016, 3rd ed. 2020), an undergraduate/graduate text. A leading sports law scholar, he has published articles in several highly ranked law reviews as well as in medical journals such as The New England Journal of Medicine.

He is an arbitrator for the Court of Arbitration for Sport in Lausanne, Switzerland (serving on the ad hoc Division for the 2014 Winter Olympic Games in Sochi, Russia and Anti-doping Division for the 2020/21 Olympic Games in Tokyo, Japan) and the American Arbitration Association (sports, commercial, and consumer arbitration matters) as well as the UFC international anti-doping panel. He has served as the sole arbitrator, chair, or panel member in more 50 sports cases as well as numerous commercial or consumer arbitrations. He is a member of the Sports Lawyers Association (SLA) Board of Directors (serving as SLA president from May 2015-May 2017) and the Advisory Board for the Sports & Society Initiative of The Ohio State University College of Arts and Sciences. He formerly chaired the American Association of Law Schools’ Section on Law and Sports (receiving its 2019 Award for making a substantial and significant contribution to sports law scholarship, teaching, and/or service) and the National Collegiate Athletic Association’s Committee on Competitive Safeguards and Medical Aspects of Sports. He served on the inaugural Board of Directors of the Forum for the Scholarly Study of Intercollegiate Athletics at the invitation of former NCAA president Myles Brand.

Matt testified before a U.S. Congressional joint subcommittee (2003), the Senate Judiciary Committee (2020), and the Senate Commerce Committee (2021) as well as the Knight Commission on Intercollegiate Athletics regarding various college sports law issues. He has discussed a wide variety of sports law, business, and ethics topics at more than 200 conferences and seminars throughout the United States as well as in Australia, Canada, China, England, Hungary, Republic of Korea, and Turkey.

 

 

Stephen F. Ross, Lewis H. Vovakis Distinguished Faculty Scholar, Professor of Law, and Executive Director at the Penn State Center for the Study of Sports in Society, Penn State Law

 

Professor Ross teaches and writes in the disparate areas of Sports Law, Comparative Constitutional Law, and Statutory Interpretation. He clerked for Hon. Ruth Bader Ginsburg in her first year on the U.S. Court of Appeals for the D. C. Circuit, served as minority counsel for the Committee on the Judiciary of the U.S. Senate, and worked as an attorney for the Federal Trade Commission and the U.S. Department of Justice. He has provided expert testimony and advice on sports antitrust issues to governmental entities and sports leagues and players associations around the world, and has consulted on sports league design for professional sports organizations in soccer, rugby, ice hockey, cricket, and motorcycle racing. Professor Ross has also served as pro bono counsel to the AAI and consumer groups including the Consumer Federation of America on antitrust and sports litigation. He has co-authored casebooks in Sports Law and Comparative Constitutional Law, an advanced introduction to global sports law (in English and Spanish), and has served as a visiting professor at a number of Canadian, English and Australian universities. Ross has served as co-director of the University-wide multi-disciplinary Center for the Study of Sports in Society.

 

 


Moderator

 

Meg Penrose, J.D., LL.M., Professor of Law, Texas A&M University School of Law

 

Meg Penrose is a Professor of Law at Texas A&M University School of Law. Professor Penrose’s research mainly focuses on constitutional law issues, including the First Amendment and social media, same-sex marriage/divorce, criminal procedure and, most recently, the Justices themselves. She was fortunate to work with two federal judges, the Honorable Jerry Buchmeyer (a legal legend in the Dallas area) and the Honorable Jane J. Boyle. These two individuals taught her not only the importance of law but also the vital nature of justice.