Keynote Speaker
Hewan Teshome
SVP and General Counsel, Seattle Kraken
Hewan Teshome joined the Seattle Kraken/Climate Pledge Arena team shortly after the world shut down for COVID-19, while the building was under construction and the team was unnamed. She oversees corporate legal affairs, policy matters and compliance, and advises on a broad array of strategic planning, intellectual property and employment matters.
Prior to accepting this role, Ms. Teshome worked for VICIS, a local sports technology startup. She started her legal career as an associate at a New York City firm.
SVP and General Counsel, Seattle Kraken
Hewan Teshome joined the Seattle Kraken/Climate Pledge Arena team shortly after the world shut down for COVID-19, while the building was under construction and the team was unnamed. She oversees corporate legal affairs, policy matters and compliance, and advises on a broad array of strategic planning, intellectual property and employment matters.
Prior to accepting this role, Ms. Teshome worked for VICIS, a local sports technology startup. She started her legal career as an associate at a New York City firm.
New Developments in NIL: Name, Image, and Likeness Colloquium
James Buder
Assistant Attorney General, University of Washington
Since 2014, James Buder has represented the University’s Department of Intercollegiate Athletics, Marketing and Communications Office, and CoMotion (technology transfer office). He also advises the university on sports law, trademarks, copyrights, patents, trade secrets, licensing, sponsorships, media, and other business transactions.
Mr. Buder is the Team Leader for the university’s General Practice Team, which represents and advises the university in a wide variety of areas, including research, real estate, open government, privacy, advancement, student conduct, Title IX, tax, investments, and constitutional law.
Before representing the university, Mr. Buder’s practice primarily involved civil litigation for the Washington Attorney General.
Assistant Attorney General, University of Washington
Since 2014, James Buder has represented the University’s Department of Intercollegiate Athletics, Marketing and Communications Office, and CoMotion (technology transfer office). He also advises the university on sports law, trademarks, copyrights, patents, trade secrets, licensing, sponsorships, media, and other business transactions.
Mr. Buder is the Team Leader for the university’s General Practice Team, which represents and advises the university in a wide variety of areas, including research, real estate, open government, privacy, advancement, student conduct, Title IX, tax, investments, and constitutional law.
Before representing the university, Mr. Buder’s practice primarily involved civil litigation for the Washington Attorney General.
Rick Jones
Founder and Managing Partner, Goldberg Jones
Rick Jones is a founder and Managing Partner of the Goldberg Jones law firm with offices in Seattle, Portland, and San Diego. His passion for sports, along with being an alum of Seattle University School of Law, has seen him be a major supporter of Seattle University Athletics for the last 15 years.
Mr. Jones recently founded Red White U to create NIL partnerships for SU Student Athletes to positively impact the community and further their personal growth consistent with the Jesuit Mission. Funded through donations, and soon to be a 501(c)3, Red White U will partner with other local youth based charitable organizations to provide beneficial access to participating SU Student Athletes.
Founder and Managing Partner, Goldberg Jones
Rick Jones is a founder and Managing Partner of the Goldberg Jones law firm with offices in Seattle, Portland, and San Diego. His passion for sports, along with being an alum of Seattle University School of Law, has seen him be a major supporter of Seattle University Athletics for the last 15 years.
Mr. Jones recently founded Red White U to create NIL partnerships for SU Student Athletes to positively impact the community and further their personal growth consistent with the Jesuit Mission. Funded through donations, and soon to be a 501(c)3, Red White U will partner with other local youth based charitable organizations to provide beneficial access to participating SU Student Athletes.
Hector Rivas
Co-founder, Disruptive Sports
Disruptive Sports is a minority-owned sports agency that launched in 2020 at the height of the pandemic. Hector Rivas' agency represents professional athletes and coaches in the NFL and student-athletes in the NCAA.
Mr. Rivas was the founder and CEO of ThriftBooks and EcoGoodz, two companies he helped start in the Seattle area. He is married with four boys and lives in Sammamish. He still plays video games.
Co-founder, Disruptive Sports
Disruptive Sports is a minority-owned sports agency that launched in 2020 at the height of the pandemic. Hector Rivas' agency represents professional athletes and coaches in the NFL and student-athletes in the NCAA.
Mr. Rivas was the founder and CEO of ThriftBooks and EcoGoodz, two companies he helped start in the Seattle area. He is married with four boys and lives in Sammamish. He still plays video games.
Debbie Spander
CEO, Insight Sports Advisors
Debbie Spander is the founder and CEO of Insight Sports Advisors, a boutique agency focused on coaching, executives and sports media. Her clients include NBA and NCAA coaches, front-office executives, sports media personalities, and NIL athletes. Insight was launched in 2021 to provide a more personalized representation experience.
Ms. Spander has facilitated Name, Image, and Likeness (NIL) marketing agreements for professional and retired athletes for the last 10 years and now also helps college athletes build their brands and profit off of their NIL. She consults with athletic departments on NIL and will be teaching The NIL Experience at USC Annenberg School.
CEO, Insight Sports Advisors
Debbie Spander is the founder and CEO of Insight Sports Advisors, a boutique agency focused on coaching, executives and sports media. Her clients include NBA and NCAA coaches, front-office executives, sports media personalities, and NIL athletes. Insight was launched in 2021 to provide a more personalized representation experience.
Ms. Spander has facilitated Name, Image, and Likeness (NIL) marketing agreements for professional and retired athletes for the last 10 years and now also helps college athletes build their brands and profit off of their NIL. She consults with athletic departments on NIL and will be teaching The NIL Experience at USC Annenberg School.
| Name Image Likeness |
Natalie M. Welch
Assistant Professor, Seattle University MBA in Sport and Entertainment Management
Natalie Welch joined Seattle University in the fall of 2022. She is an enrolled member of the Eastern Band of Cherokee Indians and grew up in Cherokee, North Carolina. She is an alumnus of the University of Tennessee and the University of Central Florida.
Ms. Welch has over five years of professional experience working with Nike and ad agency Wieden+Kennedy. She is passionate about advocating for indigenous athletes and equity across sport.
Assistant Professor, Seattle University MBA in Sport and Entertainment Management
Natalie Welch joined Seattle University in the fall of 2022. She is an enrolled member of the Eastern Band of Cherokee Indians and grew up in Cherokee, North Carolina. She is an alumnus of the University of Tennessee and the University of Central Florida.
Ms. Welch has over five years of professional experience working with Nike and ad agency Wieden+Kennedy. She is passionate about advocating for indigenous athletes and equity across sport.
NIL: What's Law Got to Do With It?
Julie R. Sommer
Attorney at Law and President-Elect, The Drake Group
Julie Sommer is an attorney in Seattle, Washington litigating civil and administrative matters at the administrative, trial and appellate levels. She is a member of The Drake Group Board of Directors and the current President-Elect. Julie also serves on the Education Working Group and assists in federal policy development and lobbying efforts in the area of collegiate sports reform.
Ms. Sommer is a recognized expert on Name, Image and Likeness (NIL) policy and participated in the Uniform Law Commission’s NIL effort from 2020-21 to develop a national uniform NIL policy. A frequent speaker on NIL, she has also been published in Forbes.com, The Seattle Times, Sportico.com and the Texas Public Policy Foundation among other media. She is an active member of the Washington State Bar Association, King County Bar Association and the Sports Lawyers Association.
A native of Martins Ferry, Ohio, Ms. Sommer earned a bachelor’s degree from the University of Texas at Austin where she was a member of an NCAA National Championship swim team. Listed among the top ten in the World Swim Rankings, she was also a member of the United States Swimming National Team. She was an individual Conference champion as a freshman, NCAA All-American, and competed in the U.S. Olympic Trials.
Attorney at Law and President-Elect, The Drake Group
Julie Sommer is an attorney in Seattle, Washington litigating civil and administrative matters at the administrative, trial and appellate levels. She is a member of The Drake Group Board of Directors and the current President-Elect. Julie also serves on the Education Working Group and assists in federal policy development and lobbying efforts in the area of collegiate sports reform.
Ms. Sommer is a recognized expert on Name, Image and Likeness (NIL) policy and participated in the Uniform Law Commission’s NIL effort from 2020-21 to develop a national uniform NIL policy. A frequent speaker on NIL, she has also been published in Forbes.com, The Seattle Times, Sportico.com and the Texas Public Policy Foundation among other media. She is an active member of the Washington State Bar Association, King County Bar Association and the Sports Lawyers Association.
A native of Martins Ferry, Ohio, Ms. Sommer earned a bachelor’s degree from the University of Texas at Austin where she was a member of an NCAA National Championship swim team. Listed among the top ten in the World Swim Rankings, she was also a member of the United States Swimming National Team. She was an individual Conference champion as a freshman, NCAA All-American, and competed in the U.S. Olympic Trials.
| Name, Image, and Likeness (NIL): How did we get here and where are we going? Legal & Legislative Perspective |
Catherine 'Cat' Clark
Attorney at Law and Executive Director, 1861 NIL Foundation
Catherine “Cat” Clark is a 31+ year attorney who also heads the 1861 NIL Foundation, a Washington non-profit established to provide NIL opportunities in an educational and charitable format. A former scholarship athlete and four year letter winner at the University of Washington in swimming, Ms. Clark practices in both the trial and appellate courts of the State of Washington. She has been named to the SuperLawyers list beginning in 2011 and holds the AV designation from Martindale Hubbell.
A former law clerk to Justice Robert F. Brachtenbach of the Washington Supreme Court, Ms. Clark’s practice focuses on civil and commercial litigation with an emphasis on real estate cases and those other matters she finds interesting. She is a long time mentor to student athletes at the UW and those from other schools as well. She is an avid skier and art lover.
Attorney at Law and Executive Director, 1861 NIL Foundation
Catherine “Cat” Clark is a 31+ year attorney who also heads the 1861 NIL Foundation, a Washington non-profit established to provide NIL opportunities in an educational and charitable format. A former scholarship athlete and four year letter winner at the University of Washington in swimming, Ms. Clark practices in both the trial and appellate courts of the State of Washington. She has been named to the SuperLawyers list beginning in 2011 and holds the AV designation from Martindale Hubbell.
A former law clerk to Justice Robert F. Brachtenbach of the Washington Supreme Court, Ms. Clark’s practice focuses on civil and commercial litigation with an emphasis on real estate cases and those other matters she finds interesting. She is a long time mentor to student athletes at the UW and those from other schools as well. She is an avid skier and art lover.
Jaxson Kirkland
Offensive Lineman, Washington Huskies
Jaxson Kirkland is a two-time, first-team All-Pac-12 selection as an offensive tackle who is highly expected to have a future career in the NFL. He brings a unique perspective to the NIL discussion as a successful student athlete. (Photo courtesy of the University of Washington.)
Offensive Lineman, Washington Huskies
Jaxson Kirkland is a two-time, first-team All-Pac-12 selection as an offensive tackle who is highly expected to have a future career in the NFL. He brings a unique perspective to the NIL discussion as a successful student athlete. (Photo courtesy of the University of Washington.)
Alex Cook
Safety, Washington Huskies
Alex Cook is a veteran defensive back who was one of 100 players invited to the Hula Bowl in January 2023. A co-captain of the Washington Huskies, he was voted a second-team, All-Pac-12 selection. Like his teammate Jaxson Kirkland, he brings the student athlete perspective to this NIL discussion. (Photo courtesy of the University of Washington.)
Safety, Washington Huskies
Alex Cook is a veteran defensive back who was one of 100 players invited to the Hula Bowl in January 2023. A co-captain of the Washington Huskies, he was voted a second-team, All-Pac-12 selection. Like his teammate Jaxson Kirkland, he brings the student athlete perspective to this NIL discussion. (Photo courtesy of the University of Washington.)
Speakers and Topics: 14 April, 2023
Sam C. Ehrlich
Assistant Professor, Boise State University
Ambushing NIL Restrictions: How NIL "Conflict Language" Policies Conflict with the First Amendment
Athletes using name, image, and likeness (NIL) rights for ambush marketing have been identified as a potential problem for NCAA stakeholders. To combat this issue, 26 of the 30 states that currently have NIL legislation in force have “conflict language” that serves to empower institutions to bar NIL contracts that conflict with institutional sponsorship deals. However, when government institutions like state legislatures and public universities use this statutory language and its complementary institutional policy to restrict athlete rights, athletes’ First Amendment rights must be considered.
In this study, co-authors Ehrlich and Neal Ternes, Assistant Professor at Arkansas State University Department of Health, Physical Education, and Sport Science, explore the balance between institutional rights of brand protection and the “ulterior motives” behind these restrictions while highlighting the undefined and over-broad nature of many of these policies as they are in force today.
Assistant Professor, Boise State University
Ambushing NIL Restrictions: How NIL "Conflict Language" Policies Conflict with the First Amendment
Athletes using name, image, and likeness (NIL) rights for ambush marketing have been identified as a potential problem for NCAA stakeholders. To combat this issue, 26 of the 30 states that currently have NIL legislation in force have “conflict language” that serves to empower institutions to bar NIL contracts that conflict with institutional sponsorship deals. However, when government institutions like state legislatures and public universities use this statutory language and its complementary institutional policy to restrict athlete rights, athletes’ First Amendment rights must be considered.
In this study, co-authors Ehrlich and Neal Ternes, Assistant Professor at Arkansas State University Department of Health, Physical Education, and Sport Science, explore the balance between institutional rights of brand protection and the “ulterior motives” behind these restrictions while highlighting the undefined and over-broad nature of many of these policies as they are in force today.
| Ambushing NIL Restrictions: How NIL "Conflict Language" Policies Conflict with the First Amendment |
Josh Lens
Assistant Professor, University of Arkansas
Ramifications of NCAA’s New Head Coach Responsibilities Strict Liability Standard for Coach Employment Contracts
Universities can, and often do, spend millions of dollars in severance to coaches whose employment they terminate. The NCAA’s recent imposition of a strict liability standard on head coaches for the actions of their staff members has several implications for employment contracts between universities and their coaches. By updating the termination with cause provisions in their coaches’ employment contracts to account for the NCAA’s new rule, universities can mitigate the amount of severance they pay coaches whose employment they terminate for NCAA rules violations.
This presentation explores the history of NCAA head coach responsibilities legislation and how universities have addressed it in their employment contracts. It also suggests language that universities can adopt in employment contracts with both head and assistant coaches to provide additional protection in instances where coaches commit NCAA violations and universities wish to terminate their employment as a result. Adopting this language could save universities large sums of money when terminating a coach’s employment due to involvement with NCAA rules violations.
Assistant Professor, University of Arkansas
Ramifications of NCAA’s New Head Coach Responsibilities Strict Liability Standard for Coach Employment Contracts
Universities can, and often do, spend millions of dollars in severance to coaches whose employment they terminate. The NCAA’s recent imposition of a strict liability standard on head coaches for the actions of their staff members has several implications for employment contracts between universities and their coaches. By updating the termination with cause provisions in their coaches’ employment contracts to account for the NCAA’s new rule, universities can mitigate the amount of severance they pay coaches whose employment they terminate for NCAA rules violations.
This presentation explores the history of NCAA head coach responsibilities legislation and how universities have addressed it in their employment contracts. It also suggests language that universities can adopt in employment contracts with both head and assistant coaches to provide additional protection in instances where coaches commit NCAA violations and universities wish to terminate their employment as a result. Adopting this language could save universities large sums of money when terminating a coach’s employment due to involvement with NCAA rules violations.
| The NCAA's New Head Coach Strict Liability Standard & Coach Employment Contracts |
Heidi Nordstrom
Athletics Academic Advisor, University of Washington and Adjunct Professor, University of Washington and Gonzaga University
Division I Coaches' Perspective on the Student Athlete Transfer Portal and Recruiting Process
The purpose of this study is to gain the perspective of Division I college athletic coaches regarding the recruiting process of student athletes to their university and sports team. This study includes interviewing coaches about the new rules that allow student athletes to transfer freely between universities. A qualitative phenomenological research methodology was used to learn about the lived experiences of college sport coaches to gain a deeper insight into their experiences with the recruiting process, including the challenges and benefits of the transfer portal and how their recruiting strategies have changed due to the new rules.
Athletics Academic Advisor, University of Washington and Adjunct Professor, University of Washington and Gonzaga University
Division I Coaches' Perspective on the Student Athlete Transfer Portal and Recruiting Process
The purpose of this study is to gain the perspective of Division I college athletic coaches regarding the recruiting process of student athletes to their university and sports team. This study includes interviewing coaches about the new rules that allow student athletes to transfer freely between universities. A qualitative phenomenological research methodology was used to learn about the lived experiences of college sport coaches to gain a deeper insight into their experiences with the recruiting process, including the challenges and benefits of the transfer portal and how their recruiting strategies have changed due to the new rules.
| Division I Coaches' Perspective on the Student Athlete Transfer Portal and Recruiting Process |
Kelli Rodriguez Currie
Director of MLS & Sports Law Program, Seattle University School of Law
Problem Based Learning in Sport Law
Within the study of Kinesiology, a sports law curriculum may focus on topics surrounding negligence, contracts of waivers of liability, and corporate structures, as students are likely to aspire to careers in as coaches, personal trainers, physical therapists, or small business owners.
Perhaps more important than the question of what a sports law curriculum for Kinesiology students might include is whether a sports law course is an important curricular offering. Because Kinesiology students are likely to be working closely with clients, their bodies, and movement throughout their careers, the curriculum should provide students with the basic tools to (1) identify the legal issues they are likely to encounter in their careers and (2) an understanding for when they need to seek the assistance of an attorney.
The study of law is unique among the disciplines in a Kinesiology curriculum. Like other courses, students will use research and analytical skills to investigate and apply legal principles to hypothetical situations they may encounter in their career. Unlike many other courses, however, the conclusions that the students draw from their analyses will be far less certain: ever the unfulfilling response from an attorney, the answer to almost every legal question is, “it depends.”
Because a typical introductory Sport Law course includes several broad and disconnected areas of law, and the application of legal principles relies on the research and study of previous cases, learning outcomes must include these critical components to legal analysis and methodology (Douglas, 2012, p. 39):
Centering learning outcomes on a variation of these two fundamental components of legal analysis will ensure that inquires and assessments are anchored in skills fundamental to the students’ academic and professional development.
Director of MLS & Sports Law Program, Seattle University School of Law
Problem Based Learning in Sport Law
Within the study of Kinesiology, a sports law curriculum may focus on topics surrounding negligence, contracts of waivers of liability, and corporate structures, as students are likely to aspire to careers in as coaches, personal trainers, physical therapists, or small business owners.
Perhaps more important than the question of what a sports law curriculum for Kinesiology students might include is whether a sports law course is an important curricular offering. Because Kinesiology students are likely to be working closely with clients, their bodies, and movement throughout their careers, the curriculum should provide students with the basic tools to (1) identify the legal issues they are likely to encounter in their careers and (2) an understanding for when they need to seek the assistance of an attorney.
The study of law is unique among the disciplines in a Kinesiology curriculum. Like other courses, students will use research and analytical skills to investigate and apply legal principles to hypothetical situations they may encounter in their career. Unlike many other courses, however, the conclusions that the students draw from their analyses will be far less certain: ever the unfulfilling response from an attorney, the answer to almost every legal question is, “it depends.”
Because a typical introductory Sport Law course includes several broad and disconnected areas of law, and the application of legal principles relies on the research and study of previous cases, learning outcomes must include these critical components to legal analysis and methodology (Douglas, 2012, p. 39):
- Demonstration of knowledge of the law by accurately stating relevant legal principles and their sources; and
- Demonstration of an understanding of the law by a reasoned and coherent application of the law to given fact situations.
Centering learning outcomes on a variation of these two fundamental components of legal analysis will ensure that inquires and assessments are anchored in skills fundamental to the students’ academic and professional development.
| Problem-Based Learning in Sport Law |
James Morton
Assistant Professor, Utah State University
Challenges with Experiential Learning in Asynchronous Online Sport Management Courses
Teaching sport management courses online presents many challenges compared to teaching in person. One of those challenges is creating experiential learning opportunities for students. This is especially true for courses that are asynchronous in nature. Experiential learning requires experience and reflection (Joplin, 1995; VeLure Roholt & Fisher, 2013). It is a cyclical process that builds on earlier stages in the later stages. In this presentation, challenges to experiential learning presented by the online, asynchronous format and strategies to combat those challenges will be discussed.
Assistant Professor, Utah State University
Challenges with Experiential Learning in Asynchronous Online Sport Management Courses
Teaching sport management courses online presents many challenges compared to teaching in person. One of those challenges is creating experiential learning opportunities for students. This is especially true for courses that are asynchronous in nature. Experiential learning requires experience and reflection (Joplin, 1995; VeLure Roholt & Fisher, 2013). It is a cyclical process that builds on earlier stages in the later stages. In this presentation, challenges to experiential learning presented by the online, asynchronous format and strategies to combat those challenges will be discussed.
| Challenges with Experiential Learning in Asynchronous Online Sport Management Courses |
Sean Dahlin
Assistant Professor, Central Washington University
James B. Avey
Professor, Central Washington University
The Influence of Servant Leadership on Athletic Unit Performance: A Self-Determination Theory Perspective
A servant leadership style from intercollegiate sport managers could be of benefit with a greater emphasis on trust between leadership and followers as well as with needs satisfaction from self-determination theory. The purpose of this presentation is to assess the relationship between servant leadership and needs satisfaction perceptions among followers and performance outcomes in intercollegiate athletics.
This study, authored by Dr. Dahlin, Dr. Avey, and Dr. Brent D. Oja of West Virginia University, utilized a two-sample structure that consisted of intercollegiate coaches (N = 223) and administrative staff members (N = 176) perceptions of their leader’s servant leadership to better understand its influence on sport organizational performance.
From the study’s hypotheses, data were collated and subjected to correlation and step-wise regression analysis. The results indicate a relationship between servant leadership and organizational performance from both a sport coach and administrative follower perspective. Furthermore, in the administration sample, servant leadership’s relationship with organizational performance was mediated by competency.
This study also expands upon the literature by demonstrating that servant leadership had a positive impact on organizational performance beyond tenure effects. For an athletic director, implementing behaviors from servant leadership could be valuable tools to enhance the performances of the teams within intercollegiate athletics departments.
Assistant Professor, Central Washington University
James B. Avey
Professor, Central Washington University
The Influence of Servant Leadership on Athletic Unit Performance: A Self-Determination Theory Perspective
A servant leadership style from intercollegiate sport managers could be of benefit with a greater emphasis on trust between leadership and followers as well as with needs satisfaction from self-determination theory. The purpose of this presentation is to assess the relationship between servant leadership and needs satisfaction perceptions among followers and performance outcomes in intercollegiate athletics.
This study, authored by Dr. Dahlin, Dr. Avey, and Dr. Brent D. Oja of West Virginia University, utilized a two-sample structure that consisted of intercollegiate coaches (N = 223) and administrative staff members (N = 176) perceptions of their leader’s servant leadership to better understand its influence on sport organizational performance.
From the study’s hypotheses, data were collated and subjected to correlation and step-wise regression analysis. The results indicate a relationship between servant leadership and organizational performance from both a sport coach and administrative follower perspective. Furthermore, in the administration sample, servant leadership’s relationship with organizational performance was mediated by competency.
This study also expands upon the literature by demonstrating that servant leadership had a positive impact on organizational performance beyond tenure effects. For an athletic director, implementing behaviors from servant leadership could be valuable tools to enhance the performances of the teams within intercollegiate athletics departments.
| The Influence of Servant Leadership on Athletic Unit Performance: A Self-Determination Theory Perspective |
Speakers and Topics: 15 April, 2023
Denise Farag
Associate Dean, Graduate Programs & New Initiatives and Associate Professor of Business Law, Linfield University
The Next Domino to Fall—College Athletes as Employees?
The National Collegiate Athletic Association (NCAA) has long maintained that college athletes are "amateurs" who should not receive compensation beyond their actual and necessary college expenses. Despite generating billions of dollars in revenue for the NCAA, athletic conferences, and educational institutions, college athletes were historically told to expect nothing in return beyond their scholarships.
However, recent legal developments have resulted in enhanced rights for college athletes, including the ability to earn up to $5,980 a year in education-related compensation and to profit from their own Name, Image, and Likeness (NIL). The next major challenge to the NCAA's amateurism model is the potential reclassification of college athletes as employees.
In the case of Johnson v. NCAA, currently winding through federal courts in the Third Circuit, plaintiffs argue that college athletes should be recognized as employees and compensated for the time they spend on their athletic activities. Furthermore, the General Counsel of the National Labor Relations Board now supports the position that college athletes in high-revenue sports at private universities should be treated as employees under the NLRA.
This presentation explores the potential impact of treating college athletes as employees. Specifically, it examines the implications for college athletes, their educational institutions, and the NCAA, as well as the potential effects on Title IX and non-revenue sports.
Associate Dean, Graduate Programs & New Initiatives and Associate Professor of Business Law, Linfield University
The Next Domino to Fall—College Athletes as Employees?
The National Collegiate Athletic Association (NCAA) has long maintained that college athletes are "amateurs" who should not receive compensation beyond their actual and necessary college expenses. Despite generating billions of dollars in revenue for the NCAA, athletic conferences, and educational institutions, college athletes were historically told to expect nothing in return beyond their scholarships.
However, recent legal developments have resulted in enhanced rights for college athletes, including the ability to earn up to $5,980 a year in education-related compensation and to profit from their own Name, Image, and Likeness (NIL). The next major challenge to the NCAA's amateurism model is the potential reclassification of college athletes as employees.
In the case of Johnson v. NCAA, currently winding through federal courts in the Third Circuit, plaintiffs argue that college athletes should be recognized as employees and compensated for the time they spend on their athletic activities. Furthermore, the General Counsel of the National Labor Relations Board now supports the position that college athletes in high-revenue sports at private universities should be treated as employees under the NLRA.
This presentation explores the potential impact of treating college athletes as employees. Specifically, it examines the implications for college athletes, their educational institutions, and the NCAA, as well as the potential effects on Title IX and non-revenue sports.
| The Next Domino to Fall—College Athletes as Employees? |
Lucien Dhooge
Sue and John Staton Professor of Law, Georgia Institute of Technology
Nonmedical Exemptions to Public School Vaccination Mandates in the Post-Pandemic World: Solutions Within Existing State Frameworks
This paper examines issues relating to nonmedical exemptions to vaccination as a condition of public-school attendance. The paper contends the public health impacts of exemptions may be mitigated through the application of existing state frameworks relating to procedural tightening, counseling and persuasion, assessments of sincerity and good faith, the application of public emergency laws, and transparency. The paper identifies best practices in each of these frameworks. The paper concludes that nonmedical exemptions are unlikely to be eliminated. As such, public health and educational authorities must act to prevent further erosion of the benefits associated with vaccination.
Sue and John Staton Professor of Law, Georgia Institute of Technology
Nonmedical Exemptions to Public School Vaccination Mandates in the Post-Pandemic World: Solutions Within Existing State Frameworks
This paper examines issues relating to nonmedical exemptions to vaccination as a condition of public-school attendance. The paper contends the public health impacts of exemptions may be mitigated through the application of existing state frameworks relating to procedural tightening, counseling and persuasion, assessments of sincerity and good faith, the application of public emergency laws, and transparency. The paper identifies best practices in each of these frameworks. The paper concludes that nonmedical exemptions are unlikely to be eliminated. As such, public health and educational authorities must act to prevent further erosion of the benefits associated with vaccination.
| NonMedical Exemptions to Public School Vaccination Mandates in a Post-Pandemic World: Solutions Within Existing US Frameworks |
Barbara Bloom-Groshong
Pamplin Distinguished Professor, University of Portland
Lisa Reed
Associate Dean, University of Portland
Associate Professor, Pamplin School of Business
US Department of Education's 2022 Proposed Amendments to Title IX Regulations: What Higher Education Faculty Should Know About Potential Expansion of Reportable Claims and Mandatory Reporting Issues
Title IX of the Educational Amendments of 1972 (20 USC 1681 et seq.) provided that “No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.” On June 23, 2022, in celebration of the 50th anniversary of Title IX, the Department of Education released proposed changes that would be forthcoming as Notice of Proposed Rulemaking in the Federal Register, which were intended to align the Title IX regulations with the priorities of the Biden-Harris Administration. After receiving over 240,000 comments, the final action regarding these amendments is due to be released in May 2023.
These 2022 proposed regulations were in part to address concerns raised by the 2020 regulations issued under Trump-DeVos, which many believed expanded the rights of those accused of sexual misconduct, to the detriment of their accusers, and limited what must be reported and investigated to combat sex discrimination in educational settings. The 2022 proposed regulations would include protections for transgender and non-binary students, as well as pregnant and parenting students.
The 2022 proposed regulations also would expand the definition of “sex-based harassment,” and clarify that educational institutions must respond to conduct occurring outside the United States or off-campus, all leading to increases in what must be investigated. We also will address concerns raised about the 2022 proposed regulations expansion of mandatory reporting and its potential unintended impacts, including the chilling effect it may have on students' willingness to seek campus support services.
Pamplin Distinguished Professor, University of Portland
Lisa Reed
Associate Dean, University of Portland
Associate Professor, Pamplin School of Business
US Department of Education's 2022 Proposed Amendments to Title IX Regulations: What Higher Education Faculty Should Know About Potential Expansion of Reportable Claims and Mandatory Reporting Issues
Title IX of the Educational Amendments of 1972 (20 USC 1681 et seq.) provided that “No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.” On June 23, 2022, in celebration of the 50th anniversary of Title IX, the Department of Education released proposed changes that would be forthcoming as Notice of Proposed Rulemaking in the Federal Register, which were intended to align the Title IX regulations with the priorities of the Biden-Harris Administration. After receiving over 240,000 comments, the final action regarding these amendments is due to be released in May 2023.
These 2022 proposed regulations were in part to address concerns raised by the 2020 regulations issued under Trump-DeVos, which many believed expanded the rights of those accused of sexual misconduct, to the detriment of their accusers, and limited what must be reported and investigated to combat sex discrimination in educational settings. The 2022 proposed regulations would include protections for transgender and non-binary students, as well as pregnant and parenting students.
The 2022 proposed regulations also would expand the definition of “sex-based harassment,” and clarify that educational institutions must respond to conduct occurring outside the United States or off-campus, all leading to increases in what must be investigated. We also will address concerns raised about the 2022 proposed regulations expansion of mandatory reporting and its potential unintended impacts, including the chilling effect it may have on students' willingness to seek campus support services.
| US Department of Education's 2022 Proposed Amendments to Title IX Regulations: What Higher Education Faculty Should Know About Potential Expansion of Reportable Claims and Mandatory Reporting Issues |
Jeff Lingwall
Assistant Professor of Legal Studies, Boise State University
Ruth Jebe
Associate Professor, Boise State University
Acorporation, Inc: Corporate Form as Art Project and Advocacy
This essay, co-authored with Chad Erpelding, examines the use of the corporate form as both art project and tool for advocacy. It introduces the history of ACorporation, Inc., an art project that uses corporate law as a vehicle for advocating change to the legal frameworks for corporate creation, operation, and dissolution. It situates ACorporation, Inc. within the long history of legal requirements for corporate social responsibility, the evolution of the concept of corporate personhood, and the use of law for expressive purposes.
It then examines the advocacy program embodied in ACorporation’s work to have states treat concepts of corporate personhood in the same manner as natural persons, such as through appointment of corporate guardians, treatment of corporate mergers as marriages, and selective service requirements. By adding the work of social practice artists to those of historians, jurists, and business ethicists, it offers a new perspective on corporate identity and social responsibility.
Assistant Professor of Legal Studies, Boise State University
Ruth Jebe
Associate Professor, Boise State University
Acorporation, Inc: Corporate Form as Art Project and Advocacy
This essay, co-authored with Chad Erpelding, examines the use of the corporate form as both art project and tool for advocacy. It introduces the history of ACorporation, Inc., an art project that uses corporate law as a vehicle for advocating change to the legal frameworks for corporate creation, operation, and dissolution. It situates ACorporation, Inc. within the long history of legal requirements for corporate social responsibility, the evolution of the concept of corporate personhood, and the use of law for expressive purposes.
It then examines the advocacy program embodied in ACorporation’s work to have states treat concepts of corporate personhood in the same manner as natural persons, such as through appointment of corporate guardians, treatment of corporate mergers as marriages, and selective service requirements. By adding the work of social practice artists to those of historians, jurists, and business ethicists, it offers a new perspective on corporate identity and social responsibility.
| ACorporation, Inc: Corporate Form as Art Project and Advocacy |
Ralph Flick
Associate Professor, Pacific Lutheran University
The Four Rs—A Legal Analysis Framework for Business Students
As useful as legal analysis frameworks, such as "IRAC" are to future lawyers, business students study the law from a different perspective. Business managers must approach legal issues from a business management perspective. This paper proposes an analytical framework called “The Four Rs” (Relationships, Rules, Rights, and Risks). The Four Rs provide business law students with a management-focused, as opposed to legal analysis-focused, framework with which to analyze cases, statutes, and regulations in a manner that permits them to make risk-based management decisions and account for legal issues.
Associate Professor, Pacific Lutheran University
The Four Rs—A Legal Analysis Framework for Business Students
As useful as legal analysis frameworks, such as "IRAC" are to future lawyers, business students study the law from a different perspective. Business managers must approach legal issues from a business management perspective. This paper proposes an analytical framework called “The Four Rs” (Relationships, Rules, Rights, and Risks). The Four Rs provide business law students with a management-focused, as opposed to legal analysis-focused, framework with which to analyze cases, statutes, and regulations in a manner that permits them to make risk-based management decisions and account for legal issues.
| The Four Rs: A Legal Analysis Framework for Business Students |
Michael Garrison
Senior Associate Dean and Professor of Business Law
University of St. Thomas Opus College of Business
A Proposed Framework for a Federal Inevitable Disclosure Doctrine Under the Defend Trade Secrets Act
This paper explores the application of the inevitable disclosure doctrine under the Defend Trade Secret Act (DTSA), an issue that has not been adequately resolved by the federal courts since the enactment of the DTSA in 2016. It outlines the development of the inevitable disclosure doctrine and the various approaches to the doctrine adopted by the states, highlighting the limitations many courts have imposed to minimize the detrimental effects of the doctrine on employees, competition, and society.
The paper analyzes the DTSA provisions relating to protecting employee mobility and the conflicting federal court decisions on the inevitable disclosure doctrine in DTSA cases. It concludes with a suggested framework for a federal inevitable disclosure doctrine under the DTSA. We argue that a narrow formulation of the inevitable disclosure is desirable from a public policy standpoint--an inevitability plus standard that requires evidence of a high probability of misappropriation coupled with evidence of unlawful intent or wrongful conduct. The suggested framework is consistent with the emerging consensus of state court opinions on the doctrine and aligns with DTSA provisions designed to ensure free employee mobility.
Senior Associate Dean and Professor of Business Law
University of St. Thomas Opus College of Business
A Proposed Framework for a Federal Inevitable Disclosure Doctrine Under the Defend Trade Secrets Act
This paper explores the application of the inevitable disclosure doctrine under the Defend Trade Secret Act (DTSA), an issue that has not been adequately resolved by the federal courts since the enactment of the DTSA in 2016. It outlines the development of the inevitable disclosure doctrine and the various approaches to the doctrine adopted by the states, highlighting the limitations many courts have imposed to minimize the detrimental effects of the doctrine on employees, competition, and society.
The paper analyzes the DTSA provisions relating to protecting employee mobility and the conflicting federal court decisions on the inevitable disclosure doctrine in DTSA cases. It concludes with a suggested framework for a federal inevitable disclosure doctrine under the DTSA. We argue that a narrow formulation of the inevitable disclosure is desirable from a public policy standpoint--an inevitability plus standard that requires evidence of a high probability of misappropriation coupled with evidence of unlawful intent or wrongful conduct. The suggested framework is consistent with the emerging consensus of state court opinions on the doctrine and aligns with DTSA provisions designed to ensure free employee mobility.
| A Proposed Framework for a Federal Inevitable Disclosure Doctrine Under the Defend Trade Secrets Act |
John McArdle
Associate Professor
Salem State University
Regulation and its Discontents: The Effect of Regulations on Entrepreneurial Strategies in a Nascent Industry
The paper discusses the effect of Canada’s regulatory framework on the strategies of entrepreneurial businesses during the first phase of legalization of the recreational cannabis industry. Decriminalization of cannabis required a host of regulatory changes at the federal, provincial, and municipal levels. Each province developed legal markets independently, differentially impacting entrepreneurial strategies. This paper describes the value chain that emerged in the first phase of the nascent industry, focusing on the actions of the businesses.
The authors develop a qualitative narrative analysis using government publications, press articles, and personal communications of industry insiders speaking in public settings. The paper includes four short case studies to illustrate the emerging value chain of the nascent industry.
The study’s findings highlight the effect of regulatory frameworks on entrepreneurial strategies. We find that public policies had significant impact on the entrepreneurs and startup strategies. Interjurisdictional differences limited expansion into different provinces, with implications for regional economic development. Achieving public policy goals was delayed due to regulatory challenges that impacted industry development.
The findings show enterprises may develop growth strategies that comply with regulations when participating in nascent industries, but they must cope with extra risks, capital costs, and uncertainty. The analysis also illustrates the value of engaging in government-industry collaboration to improve emerging regulatory frameworks.
The originality of this research consists of the detailed description of the first phase of Canada’s legalized recreational cannabis industry, and the insight gained into the dynamics of nascent industries.
Associate Professor
Salem State University
Regulation and its Discontents: The Effect of Regulations on Entrepreneurial Strategies in a Nascent Industry
The paper discusses the effect of Canada’s regulatory framework on the strategies of entrepreneurial businesses during the first phase of legalization of the recreational cannabis industry. Decriminalization of cannabis required a host of regulatory changes at the federal, provincial, and municipal levels. Each province developed legal markets independently, differentially impacting entrepreneurial strategies. This paper describes the value chain that emerged in the first phase of the nascent industry, focusing on the actions of the businesses.
The authors develop a qualitative narrative analysis using government publications, press articles, and personal communications of industry insiders speaking in public settings. The paper includes four short case studies to illustrate the emerging value chain of the nascent industry.
The study’s findings highlight the effect of regulatory frameworks on entrepreneurial strategies. We find that public policies had significant impact on the entrepreneurs and startup strategies. Interjurisdictional differences limited expansion into different provinces, with implications for regional economic development. Achieving public policy goals was delayed due to regulatory challenges that impacted industry development.
The findings show enterprises may develop growth strategies that comply with regulations when participating in nascent industries, but they must cope with extra risks, capital costs, and uncertainty. The analysis also illustrates the value of engaging in government-industry collaboration to improve emerging regulatory frameworks.
The originality of this research consists of the detailed description of the first phase of Canada’s legalized recreational cannabis industry, and the insight gained into the dynamics of nascent industries.
| Regulation and its Discontents: The Case of the Canadian Recreational Cannabis Industry |
Ronnie Grant
Senior Instructor, Eastern Oregon University and PhD Candidate, Florida International University
Self-Determination Theory (SDT) and Rising Backlash Against International Law and Political Economy
A burgeoning field of scholarship has emerged in recent years to explore the so-called “backlash” against international law and institutions as well as against economic and cultural globalization. Most prior studies of “backlash” have attributed the phenomenon to either the content of international law and specific actions taken by international tribunals, or to the rise of right-wing populism.
Yet, while the micro-foundations of defiance and resistance—both associated with “backlash”—are inherently psychological in nature, only a handful of studies have broached the topic from the perspective of psychological theory. By largely ignoring the psychological effects of changes in the legal and political economic contexts on the public and policymakers, important intervening variables/mediators between tribunal actions and backlash have been obscured in prior scholarship.
To address this gap in the backlash literature, I examine the phenomenon of backlash from the perspective of Self-Determination Theory (SDT), a widely recognized motivational theory from humanistic psychology. SDT asserts that compliance, the internalization of rules and norms, and overall psychological wellbeing are significantly affected by the degree to which human needs for personal and collective autonomy, personal and collective competence/mastery, and relatedness are satisfied.
SDT argues that when leaders or others in charge of making and enforcing the rules thwart these needs in the design and implementation of the rules, defiance of the rules, rigid thinking, and ill-being will result. SDT not only explains why backlash occurs, but the theory also offers policymakers principles to consider in designing international law and institutions that will promote the autonomous endorsement, internalization, and stability of the rules, in addition to the psychological wellbeing of those subject to the rules. To explore SDT’s account of backlash, I examine various domains of international law and political economy, including international investment law, human rights, the EU, and the World Bank.
Senior Instructor, Eastern Oregon University and PhD Candidate, Florida International University
Self-Determination Theory (SDT) and Rising Backlash Against International Law and Political Economy
A burgeoning field of scholarship has emerged in recent years to explore the so-called “backlash” against international law and institutions as well as against economic and cultural globalization. Most prior studies of “backlash” have attributed the phenomenon to either the content of international law and specific actions taken by international tribunals, or to the rise of right-wing populism.
Yet, while the micro-foundations of defiance and resistance—both associated with “backlash”—are inherently psychological in nature, only a handful of studies have broached the topic from the perspective of psychological theory. By largely ignoring the psychological effects of changes in the legal and political economic contexts on the public and policymakers, important intervening variables/mediators between tribunal actions and backlash have been obscured in prior scholarship.
To address this gap in the backlash literature, I examine the phenomenon of backlash from the perspective of Self-Determination Theory (SDT), a widely recognized motivational theory from humanistic psychology. SDT asserts that compliance, the internalization of rules and norms, and overall psychological wellbeing are significantly affected by the degree to which human needs for personal and collective autonomy, personal and collective competence/mastery, and relatedness are satisfied.
SDT argues that when leaders or others in charge of making and enforcing the rules thwart these needs in the design and implementation of the rules, defiance of the rules, rigid thinking, and ill-being will result. SDT not only explains why backlash occurs, but the theory also offers policymakers principles to consider in designing international law and institutions that will promote the autonomous endorsement, internalization, and stability of the rules, in addition to the psychological wellbeing of those subject to the rules. To explore SDT’s account of backlash, I examine various domains of international law and political economy, including international investment law, human rights, the EU, and the World Bank.
| Self-Determination Theory (SDT) and the Origins of the Backlash to International Investment Law in Latin America |
