NILs and Title IX: Educational Institutions Must Fix their Promotion, Publicity, and Recruiting Inequities Critical to the NIL Monetization Success of College Female Athletes and Must Not Use Third Parties to Evade Their Title IX Obligations
Universities must not only focus on their own Title IX compliance obligations to provide male and female athletes with equal participation opportunities, athletics scholarship support, and equal treatment and benefits (including promotion, publicity, and recruiting), they must also require the third parties they establish, control, assist, or benefit from — conferences, national governing organizations, businesses, […]
College Athlete Bill of Rights is Needed, But Not New
U.S. Senators Booker and Blumenthal introduced S. 5062 College Athletes Bill of Rights as legislation to be considered by the 116th Congress in December of 2020. At the time, the bill was heralded as extraordinarily progressive legislation. We asked Allen Sack, a co-founder of The Drake Group, to write a first person narrative of the […]
The NCAA Is Playing The Ball In The Wrong Court
The Drake Group President-Elect Andrew Zimbalist and Drake Board of Directors member Julie Sommer wield a mighty pen with a timely critique of the NCAA’s efforts in the courts to protect its profits – revenues derived from the labor of talented, hard-working—and disproportionately Black—college athletes, especially those playing in the women’s and men’s Final Four […]
Federal NIL Legislation Chart
A side-by-side comparison of legislation filed in the 116th and 117th Congress to date on the issue of college athlete compensation for their independent monetization of the use of their names, images, and likenesses.
Drake Group Calls for Congress to Enact College Athlete Protections: A Legislative Proposal
On August 3, 2020, U.S. Senators Cory Booker, Richard Blumenthal, Christopher Murphy, Kirsten Gillibrand, Ron Wyden, Mazie Hirono, and Kamala Harris issued a “College Athletes Bill of Rights” statement that sought to advance justice and opportunity for college athletes and promised future legislation to realize their position. On August 13, they were joined by Senators […]
College Athlete Codes of Conduct and Issues Related to Freedom of Speech and Expression
The Drake Group addresses constitutionally protected speech and expression rights of public college and university students who participate in intercollegiate athletics. The current national debates about the extent to which athletic departments should properly control athlete behavior, especially on social media and in connection with activism require athletic directors to respond to questions such as […]
Drake Group Co-Sponsors “Athletes Right To Know Act”
In January of 2011, the Drake Group and the National College Players’ Association (NCPA) joined forces with CT State Representative Pat Dillon to pass the College Athletes Right to Know Act in Connecticut. This legislation which was first signed into law by California Governor Arnold Schwartzenegger, requires colleges and universities to publicly disclose, among other […]
Caveat Emptor and Prospective College Athletes
Absent federal and/or state, Bills of Rights for prospective college athletes, Truth in Recruiting legislation, or NCAA Transparency and Accountability Acts, unwitting recruits face quadruple jeopardy, i. e., double-double jeopardy, when they buy into the recruitment packages proffered by NCAA member colleges and universities. This exploitation is especially hard on the academically disadvantaged. How might this be? […]