Player-approved health standards enforced by a third party
Prohibit COVID-19 waivers
50% of total conference revenue evenly distributed among athletes
Ability to secure Name, Image, and Likeness (NIL) representation
Freedom to transfer and/or return to school if undrafted
Reduce pay of Larry Scott, coaches, and administrators
Due process rights
These are a few of the “Pac-12 Football Unity Demands” included in the #WeAreUnited campaign. Most demands appear simple enough – players shouldn’t have to forego academic eligibility for pursuing their dreams, nor should they be denied rights granted to fellow students. Furthermore, due to uncertainty surrounding the long-term effects of COVID-19, third party oversight ensuring player safety is a must.
On the other hand, demanding revenue share and dictating administrative pay structures are difficult asks. These items are better suited for collective bargaining; however, PAC-12 players lack the key mechanism required to negotiate their interests: a union.
College athletes’ right to unionize was last addressed in 2015, when Northwestern University’s football team unsuccessfully attempted to form the first union in the NCAA. The school faced significant NCAA pushback. However, a collective unit of Pac-12 athletes should hold greater weight if they decide unionization efforts would further solidify their attempt for change.
How Does the NCAA Respond to #WeAreUnited?
I have talked to multiple VERY powerful and influential people (above coaches) who work for or with some the P5 biggest athletic departments. They believe the 64 schools + ND/BYU will in the “not so distant” future break from the NCAA and form their own conglomerate.
— George Wrighster III (@georgewrighster) August 2, 2020
The NCAA plays a vital role in determining athletic freedoms. The “protection of amateurism” will certainly be used as a shield against the majority of demands. But what if ACC, SEC, and/or other conference players openly join the #WeAreUnited campaign? Full-fledged player commitment to forego the 2020 NCAA football season may cause member schools to rethink the current state of a college athlete.
A break away from the NCAA could be a huge boon for the player empowerment movement. The Professional Collegiate League (PCL) is spearheading a similar move exclusively focused on men’s college basketball. Though there should be a certiain resemblance in approach, PCL Chief Innovation Officer Andy Schwarz questions the motives behind the proposed conglomerate:
“My suspicion is if the schools are leading the charge, [the] goal is not to put athletes’ rights at the center of the enterprise, which is a core value for The PCL.”
Schools wishing to avoid the issues currently plaguing the NCAA should take the majority of player demands into consideration. Yet even in a non-NCAA world, the likelihood of schools recognizing a player union – and the effects that come with it – is currently non-existent.
With #WeAreUnited, players are injecting their input into discussions in ways they haven’t been able to before. Some schools may not fully respect the movement:
The future of the NCAA hinges on what comes of the 2020 NCAA Football season. If it plays out, it will be because players feel their voices have been heard. If players refuse, how schools and/or the NCAA respond will tell athletes all they need to know regarding their status as the key cog of a billion-dollar industry.
The NCAA has formed an independent investigation unit to oversee “complex cases.” Only a school representative, NCAA enforcement staff, or member of the NCAA Division I Committee on Infractions can bring a case under the new investigation process. What is the unit’s purpose and how does it plan to effect change?
The Independent Accountability Resolution Process
The unit is broken up into four committees:
Independent Accountability Oversight Committee: oversees the entire investigation process, appoints members to the other three committees, and develops policies and procedures to ensure fairness and impartiality.
Infractions Referral Committee: reviews and confirms requests for complex cases.
Credit: NCAA
Complex Case Unit: carries out factual investigations regarding approved complex cases and guides the case through the review process. The Complex Case Unit is made of independent investigators and advocates with no school or conference affiliations and various NCAA enforcement staff.
Independent Resolutions Panel: reviews Complex Case Unit findings and the school’s response, oversees case hearings, and determines penalties. This group consists of fifteen members with legal, higher education, and/or sports backgrounds, and who have no affiliation with any NCAA school or conference. A rotating panel of five members hears each case. All decisions are final and not subject to appeal.
Should We Trust the Process?
The Independent Accountability Resolution Process (IARP) was created upon the recommendation of the Condeleeza Rice Commission to fix college basketball. Its main purpose is to defeat perceived conflicts of interest. However, the IAOC is made entirely of NCAA officials who determine the other members of the unit. Furthermore, the NCAA decides what qualifies as a complex case. If the NCAA truly wanted to promote independence, it would have been better served outsourcing the entire process instead of tethering it to its brand.
The IARP also fails to include methods to protect student-athletes. Noticeably, student-athletes have no right to request a hearing. There’s no mention of how mitigating factors or the effects of institutional control may affect an investigation. It appears the “why” and “how” of a situation is irrelevant in analyzing a case. Strict decision-making may be effective to govern administrations, but a number of variables come in to play when teenagers are involved. The IARP fails to take such factors into consideration.
The IARP is The Same As Current NCAA Policy
The NCAA already has the NCAA Infractions Program. The NIP was designed to “uphold integrity and fair play among the NCAA membership, and to prescribe appropriate and fair penalties if violations occur.” Like the IARP, the Infractions Program requires decisions to be made by a panel of independent arbiters. Specifically, Section 19.3.4 of the NCAA Division I Manual states:
No member of a hearing panel shall participate in a case if he or she is directly connected with an institution under investigation or if he or she has a personal, professional or institutional affiliation that may create the appearance of partiality. It is the responsibility of the panel member to remove himself or herself if a conflict exists. Objections to the participation of a panel member in a particular case should be raised as soon as recognized but will not be considered unless raised at least one week in advance of the panel’s review of the case. Objections will be decided by the committee chair.
One of the unit’s first cases may be the investigation of corruption in college basketball. But it’s odd that the NCAA would create a new committee just for this purpose. What more is there to learn from this subject outside what the federal cases already provided?
The NCAA Independent Investigation Unit is the latest in a string of new committees put in place to advance the administration. In May, the NCAA formed the NCAA Board of Governors Federal and State Legislation Working Group. The purpose was to analyze proposed federal and state legislation focused on student-athletes receiving benefits based on the use of their name, image, and likeness. The thought was this group would bring the NCAA into the 21st century. Instead, the NCAA has spent the past months challenging California legislation and threatening schools.
Will the NCAA Independent Investigation Unit Work?
Until more transparency is provided, the IARP appears simply another measure meant to provide hope that will ultimately fail to make a significant impact on the landscape of college sports.
The NBA Superteam Era is dead. Kawhi Leonard made sure of this when he dismantled the Golden State Warriors and rejected Lebron James’ attempts to lure him to the Los Angeles Lakers. The landscape has shifted to “Super Duos,” with players now desiring to team up with friends or individuals who complement their skills and can share superstar duties. Here’s a look at the NBA’s best “Superstar Duos” heading into the 2019-20 NBA Season:
Tier 3 – The “Up and Comers” NBA Player Duos
12. Devin Booker / Deandre Ayton (Phoenix Suns)
In their first season together, Devin Booker and Deandre Ayton led the Phoenix Suns to 19 wins. The Los Angeles Lakers went 31-19 when Kobe joined Shaq in the starting lineup during the 1998-99 lockout-shortened season. Though Booker and Ayton aren’t quite “Shaq and Kobe 2.0” status, both are extremely talented individuals who should create a formidable inside-outside combination for years to come. With a full year under their belt and improvement at the head coaching position, the 2019-20 NBA Season should bring improved chemistry and many more wins.
11. Luka Doncic / Kristaps Porzingis (Dallas Mavericks)
Credit: Copyright 2019 NBAE (Photo by Jesse D. Garrabrant/NBAE via Getty Images)
Luka Doncic and Kristaps Porzingis haven’t played a single game together but are already expected to form the best pick and pop tandem in the league. Porzingis has spent the entirety of his Dallas Mavericks’ career admiring the 2018-19 Rookie of the Year, but the “Unicorn” will need to make an immediate impression if the Mavericks hope to make an impact in the Western Conference. This duo’s success depends on how well Porzingis recovers from a torn ACL that will have sidelined him for close to 20 months once the 2019 NBA Season begins. Charles Barkley expects this pair to turn into the greatest “one-two punch… for the next 10 years.”
Despite being selected to the 2019 Eastern Conference All-Star team, many still aren’t sold on Khris Middleton as a max player. This pair’s position is propped by Giannis Antetokounmpo’s supernova athletic ability. But Middleton’s capability as a three-point shooter (career 39%) carries great value when paired with Antetokounmpo’s slashing playmaking. Middleton contributes in a number of ways and is the perfect teammate for Antetokounmpo’s needs.
9. Donovan Mitchell / Mike Conley Jr. (Utah Jazz)
Donovan Mitchell and Mike Conley Jr. are already building that teammate chemistry 🏀
Donovan Mitchell and Mike Conley Jr. are no “Stockton and Malone,” but the two have the opportunity to create their own legacy as the next great Utah Jazz duo. Conley’s experience with the “Grit and Grind” Memphis Grizzlies will be vital in helping Donovan Mitchell take the next leap in a competitive Western Conference.
8. Damian Lillard / CJ McCollum (Portland Trail Blazers)
The 2019-20 NBA Season may be the last time we see this version of the Portland Trail Blazers. Though they reached the Western Conference Finals, the Golden State Warriors made quick work of the Blazers in 4 games. Damian Lillard recently signed a 4 year / $191 Million supermax extension and CJ McCollum is entering the penultimate season of his rookie extension. If this duo is unable to take another step in a much more open NBA landscape, 2019-20 may be the last season they share duties in the Blazers backcourt.
7. Nikola Jokic / Jamal Murray (Denver Nuggets)
Nikola Jokic is a perennial MVP candidate and Jamal Murray has shown consistent improvement throughout his first three years in the league. Denver Nuggets’ Coach Mike Malone has described this twosome’s chemistry as “almost romantic” in describing the ways this pairing plays off each other in their uniquely styled offense. The top pairing under-25, this dynamic duo has the potential to keep the Denver Nuggets atop the Western Conference for years to come.
6. Joel Embiid / Ben Simmons (Philadelphia 76ers)
This is the rare combination in which the big man has the better outside game that his perimeter counterpart. In order for this duo to take the next step into the tier below, Ben Simmons will need to make a significant improvement to (or at least develop) his jump shot to help create spacing for Joel Embiid down low. The 76ers are primed to be the best team in the Eastern Conference for years to come, but such success hinges on how Embiid and Simmons are able to harmonize on the hardwood.
Tier 1 – The “Elite” NBA Superstar Duos
5. James Harden / Russell Westbrook (Houston Rockets)
The Oklahoma City Thunder have agreed to trade Russell Westbrook to the Houston Rockets for Chris Paul, first-round picks in 2024 and 2026, pick swaps in 2021 and 2025, league sources tell ESPN.
News of this trade sent social media in a whirlwind, with many asking the same question: is one ball enough? A lot has changed since James Harden and Russell Westbrook played together in Oklahoma City; Harden has blossomed from a mini-bearded Sixth Man of The Year, while Westbrook has grown accustomed to leading-man duties. But you don’t pass up on pairing two MVPs in their prime. While this fit may be questionable, the sheer talent of this NBA superstar duo alone is worth the gamble.
4. Kevin Durant / Kyrie Irving (Brooklyn Nets)
Kevin Durant and Kyrie Irving had been plotting to team up since 2018. Unfortunately, they may have to wait to see their dream come to fruition while Kevin Durant rehabs from a torn Achilles suffered in Game 5 of the NBA Finals. Durant and Irving have reached the pinnacle of success while playing roles in other legendary duos. With the Brooklyn Nets now the forefront of New York basketball, this duo will have the chance to cement their place in basketball lore by bringing an NBA Championship to the Big Apple.
3. Steph Curry / Klay Thompson (Golden State Warriors)
The 2019-20 NBA Season will be a gap year for the “Splash Brothers.” With Klay Thompson recovering from a torn ACL that should sideline him for the majority of the season, Steph Curry will be left to man the ship with his temporary replacement, D’Angelo Russell. Despite Thompson’s injury, this duo’s success should place them above every other combination on this list; however, the moves that took place this offseason have this Warriors’ combo embracing their newfound underdog role.
2. Lebron James / Anthony Davis (Los Angeles Lakers)
1. Kawhi Leonard / Paul George (Los Angeles Clippers)
The Los Angeles “Superstar Duos” is the result of blockbuster moves each team made this offseason. The Lakers paired two top-five players by acquiring Anthony Davis to team up with Lebron James. But the Clippers’ one-upped their in-town rival by signing two-time NBA finals MVP Kawhi Leonard, who has staked his claim as the best player in the league. And with his recruitment of Paul George, Leonard paired himself with an elite superstar who has no problem taking control of both ends of the floor. All roads now run through the Staples Center and the battle for Los Angeles is to sure to result in many “epic” matchups between these two for years to come.
With the series tied 1-1 heading into Game 3 of the NBA Finals between the Toronto Raptors and the Golden State Warriors, much talk has been centered on the Raptors’ pursuit to overthrow the latest dynasty to grace the hardwood. However, Raptors’ Kawhi Leonard has become the subject of a storyline off the court.
The Battle of Intellectual Property Rights
Kawhi Leonard’s Registered “The Klaw” logo with the USPTO
On June 3, Kawhi Leonard filed a federal complaint against Nike asking the court to declare that Leonard is the author of “The Klaw,” the logo commonly associated with Leonard throughout his professional career. The complaint further states that Nike committed fraud on the Copyright Office by seeking registration of the logo.
Leonard is the owner of six trademark applications with the United States Patent and Trademark Office (USPTO). Three applications include “The Klaw” logo for use with various goods and services such as basketballs, backpacks, and apparel.
The issue is Nike’s alleged ownership of the logo. United States Copyright Law grants owners the exclusive right to display their works as they see fit. Without the ability to reproduce the logo, Leonard’s trademark registrations are essentially useless. But copyrights are assigned solely to the authors of the works, and therein lies the rub. The complaint states Leonard created the logo in “late December 2011 or January 2012”; however, Nike’s copyright registration claims the company authored the logo in 2014. The facts surrounding these dueling timelines will play a vital role in the court’s determination.
The Nike Agreement
Even if Kawhi Leonard created “The Klaw,” that may not be enough. After being selected in the 2011 NBA Draft, Leonard signed a contract to provide “personal services and expertise in the sport of professional basketball and endorsement of the Nike brand and use of Nike products.” Such contracts usually include a “work for hire” provision, which typically read as follows:
Athlete hereby unconditionally and irrevocably transfers and assigns to Company all right, title and interest, including all intellectual property rights, in and to all materials, including all works of authorship, developed with Athlete’s involvement or by or on behalf of Athlete hereunder as part of the Services or otherwise in connection with this Agreement (“Works”). Athlete agrees to complete and provide Company with any documents requested by Company to evidence Company’s ownership of such Works as well as the assignment of any and all rights.
The complaint mentions that any personal services provided did not constitute copyrightable material and/or constitute a “work for hire.” However, the complaint fails to attach the contract. If a transfer of rights language is included, Leonard’s claim fails, and Nike has a claim for ownership rights in “The Klaw.”
Will Leonard Prevail?
Nike has a history of staunchly defending intellectual property rights, so the company will not go down without a fight. It took Roger Federer until April 2019 to reclaim the rights to his “RF” logo despite leaving the company to sign a 10-year deal with Japanese clothing brand, Uniqlo, in 2018. New York Times reporter Marc Stein reported that the Los Angeles Clippers looked into purchasing “The Klaw” from Nike in order to boost their anticipated free-agency pitch for the coveted star. Settlement or purchase may be the best bet to resolve what may be Leonard’s toughest case on (or in) the court.
The Historical Basketball League who’s aim is to focus on compensation and education announced the following eight cities for the launch of the league’s inaugural season set to take place in June 2020:
Atlanta, Georgia
Baltimore, Maryland
Charlotte, North Carolina
Raleigh, North Carolina
Philadelphia, Pennsylvania
Norfolk, Virginia
Richmond, Virginia
Washington, DC
Focusing on the east coast with the intent to expand to other parts of the United States in the near future, the HBL seeks to challenge the NCAA-model by offering top players the opportunity to earn compensation while also obtaining a college degree. The HBL will offer players up to $150,000 based on their market value and will assist each player “in building a personal and professional brand that will extend on and off the court.”
Promoting Personal Brands Through Use of Name, Image, and Likeness
California state senate passes bill that would allow college athletes in the state to earn compensation for the use of their own name, image or likeness, beginning Jan. 1, 2023. The vote was 31-4. The bill now moves to the state assembly.
The NCAA Board of Governors Federal and State Legislation Working Group was created to analyze proposed federal and state legislation and determine whether student-athletes may receive benefits (i.e. compensation) based on the use of their name, image, and likeness. The NCAA provided the committee with a strict mandate: (i) potential benefits must be tied to education, and (ii) no models that could be perceived as “pay-for-play” may be considered.
These guidelines make it virtually impossible for student-athletes to receive benefits in exchange for the use of their likeness. However, California’s bill (and other states) should force the NCAA to loosen up its parameters. In the meantime, there are a number of ways the HBL can help build player brands through increased fan engagement and other means that could also benefit the league.
One platform is INFLCR, a software that allows athletes and teams to deliver personalized content across social media. INFLCR has partnered with a number of universities and athletes to build brands, and the Historical Basketball League could benefit greatly in the promotion and marketing of its product by doing the same.
Another is Gatorade’s “Highlights” app. Though catered to younger athletes to help capture and share athletic feats, Gatorade’s app provides another great branding tool and way for athletes to control their marketing. Users can brand their highlights with their names, numbers, teams or positions. This provides the most popular players with a way to increase their marketability and commercial value.
Historical Basketball League: The Future of College Basketball
The NCAA Basketball corruption case resulted in prison sentences for each of the individuals involved. The universities implicated at trial have resorted to claiming “victim” as a way to alleviate their roles. That stance, coupled with the NCAA’s refusal to take overt investigative action, have some questioning whether corruption in the college ranks will ever be addressed.
HBL’s Andy Schwarz notes that schools violate rules because the value of obtaining a five-star recruit exceeds any punishment the NCAA can provide. This finding emphasizes the HBL’s importance. The recent decisions of RJ Hampton and Kenyon Martin Jr. show athletes are tired of being exploited. The NCAA rules are arbitrary and antiquated, but change is on the horizon. Boasting a management team led by two-time champion David West and an advisory board featuring two individuals with Google-experience, the forward-thinking Historical Basketball Leauge has a real shot of establishing itself as the premier college basketball league for domestic and international talent. The HBL has already begun scouting athletes for its inaugural 2020 Season, identifying potential coaches, and engaging individuals to serve as ambassadors for its respective teams.
Credit: Myles Brand
CEO Ricky Volante often states, “Amateurism is a con,” and that the collegiate model should first benefit the student-athletes, not the coach or institution who profits from their labor. The HBL is coming, and many – including the NCAA – are beginning to take notice of compensation and education.
