News & Insight

Author: Jay Rosselló

Caught Between a Rock and a Hard Place – California’s “Fair Pay to Play” Act

The amateurism rules of the National Collegiate Athletic Association (“NCAA”) – the governing body of intercollegiate athletics – prohibit student-athletes from receiving payments for endorsements or otherwise profiting from the use of their name, image or likeness (“NIL”).  Indeed, if an NCAA Division I or II athlete is paid for […]

  Feb 18, 2019  |  By    |   On Education

Charter Schools in Puerto Rico

On March 30th, 2018, the Government of Puerto Rico enacted Law Num. 85-2018, known as the Puerto Rico Education Reform Law (the “Law”).  The Law is comprehensive in nature, and designed to loosen many of the bureaucratic ills that have stymied the island’s public education system for many years.  It […]

  Jan 23, 2019  |  By    |   On Education

Cashing In On Collegiate Sports?

On Monday, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”) in the case of Murphy, Governor of New Jersey, et. al. v. National Collegiate Athletic Assn, et. al.  For more than 25 years, PASPA had prohibited all but a handful of grandfathered states from […]

  May 17, 2018  |  By    |   On Education

Reclaiming the Amateurism Foundations of College Basketball

Earlier this week, the independent Commission on College Basketball (“Commission”) released its 60-page report containing far-reaching recommendations in furtherance of the sport. The twelve-member Commission, headed by former US Secretary of State Condoleezza Rice, was formed in the aftermath of last year’s FBI investigation into corruption and fraud in college […]

  May 4, 2018  |  By    |   On Education

The Return of In Loco Parentis?

              In loco parentis (Latin for “in the place of a parent”) is a phrase that refers to the legal responsibility of an individual or organization to assume some of the functions and responsibilities of the parent.  In higher education, this doctrine was very much alive and well, and […]

  Mar 29, 2018  |  By    |   On Education

Upholding Title IX Principles in Collegiate Athletics

Written with Debbie Osgood [1] Title IX of the Educational Amendments of 1972 prohibits sex discrimination, including sexual harassment and sexual violence, in educational institutions that receive federal financial assistance.  Complementing Title IX at the federal level are the Clery Act and the Violence Against Women Act, both of which […]

  Aug 24, 2017  |  By    |   On Education

Out of Bounds? The Reach of NCAA Jurisdiction

The University of Louisville Cardinals and the University of North Carolina Tar Heels – two of the preeminent collegiate basketball programs in this country.  They have collectively appeared in thirty NCAA Tournament Final Fours, hoisting the championship trophy a total of ten times.  Yet, both programs are currently embroiled in […]

  Aug 11, 2017  |  By    |   On Education