Unpredictable March Madness and the Law

This past weekend sixty-four teams played a total of fifty-two basketball games. Games are broadcast over four different television networks, and tens of millions of eyes remain glued to T.V. sets across the country — soaking up each buzzer-beating shot and Cinderella story. Just as unpredictable as the outcome of each tournament game is the result of a case pending against the NCAA, the entity that profits enormously from the nation’s fixation with March Madness.

O’Bannon v. National Collegiate Athletic Association (NCAA), an antitrust class-action lawsuit, seeks to require the NCAA, and other enterprises who benefit from college-athletes’ images and popularity, to pay the players. This potential change in rules could shift these basketball and football stars from amateur to professional athletes. This change would significantly alter the landscape of collegiate sports.

Ed O’Bannon, a former UCLA basketball star, along with other former college athletes, filed suit in July 2009. The original defendants included the NCAA, the Collegiate Licensing Company, and Electronic Arts (best known for EA Sports). The latter two settled for $40 million. Last August, federal judge Claudia Wilken ruled in favor of the players, holding that not paying athletes for the commercial use of their likeness and image was a violation of antitrust laws. The NCAA’s appeal is being heard this month by the Ninth U.S. Circuit Court of Appeals.

This is a divisive issue that has passionate proponents on both sides. There are people in favor of paying college athletes and many that are opposed. In either case, one thing is certain: this March, there is much more than tournament brackets on the line.

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The Notorious R.B.G.

20150103_135911-1Those of us who teach in gender and feminist studies have long been familiar with Justice Ruth Bader Ginsburg; we regularly deal with her work as both a lawyer and as jurist. This past January, I had the honor of hearing her speak at a conference in Washington, D.C., and was awed by her. So over spring break, I decided to start reading a new book, The Legacy of Ruth Bader Ginsburg, edited by Scott Dodson. I’m not that far into the book yet, but what I’ve read has only made me admire her more.

I’m far from being Justice Ginsburg’s only admirer. She has quite the following, including this woman, who had a portrait of Justice Ginsburg tattooed on her arm. One man put her 35-page dissent in Burwell v. Hobby Lobby to music. Another admirer dubbed her “The Notorious R.B.G.,” a take-off on rapper The Notorious B.I.G, and there’s a whole blog devoted to all things R.B.G. Google “Notorious R.B.G.” to find t-shirts and other merchandise. It’s a title the Justice herself seems to enjoy. (Listen to the video clip here.)

Ironically, while I was starting my book over spring break, Justice Ginsburg celebrated her 82nd birthday. She seems in no way ready to step down from the court. After all, she reminds us, Justice John Paul Stevens served until he was 90. In honor of her birthday, one site gathered some of her best quotes. My favorite: “People ask me sometimes . . . When will there be enough women on the court? And my answer is: When there are nine.”

Wouldn’t have expected anything less from her.

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Congratulations to the 2015 Marquette Evans Competition Teams

Congratulations to 3Ls Melissa Fischer, Nicole Ostrowski, and Julia Westley for reaching the quarterfinals of the Evan A. Evans Constitutional Law Moot Court Competition this past weekend.  Professor Blemberg advised the team.  3Ls Brendan Leib and Peter Smiley also competed and were advised by Professor Scott Idleman and Professor Jake Carpenter.  The teams were coached by Attorneys Elizabeth Bronson, Paul Jonas, Matthew Martz, Martin St. Aubin, and Drew Walgreen.  All of the coaches are Marquette alumni who competed in moot court.

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