#NCAA may negotiate for anything it wants. However, absent a union and thus the application of the non-statutory labor exemption, you can’t really negotiate away future antitrust liability. The fun isn’t over yet, friends.

Trying to decide if I am ‘satisfied’ by the proposed NCAA settlement, but I definitely wasn’t at home waiting for it.

Looking forward to presenting here next week on the challenge of trans inclusion in sex-segregated sports.

Now that the academic year at The City University of New York is over, a few things I want to say:

1. For many Jewish & Israeli faculty members, this was the hardest year of our careers. 10/7 felt like 9/11

2. Instead of making things better, PSC_CUNY made it so much worse

3. We still tried our best

Good read. And welcome to Forbes, Joe.

All grades have been submitted. And, with that, in the words of Howie Rose, we can put another one in the books. Thank you to my students at Baruch Zicklin for continuing to make this job, and my career, meaningful.

This is one of the few sports-related antitrust matters where I have not written. But, I strongly recommend the article by Michael Carrier on #SSRN addressing this topic.

Another excellent article by Dan Murphy and Pete Thamel on settlement discussions in House v. NCAA. And I would feel the same way even if I weren't quoted.

espn.com/college-sports…

Why can't PSC_CUNY effectively negotiate a new contract? The picture on the bottom left tells the full story. Even when the purported goal is to unite faculty for raises, they are dividing us on ethnic, religious and political lines. Is this America's most dysfunctional union?

Even though I have left PSC_CUNY, I am still beyond embarrassed that I am colleagues with some of these people. A culture of diversity, equity and inclusion is 100% incompatible with seeking to prevent colleagues from accepting Fulbrights in the world’s only Jewish nation.

Many people are talking about the potential House v. NCAA settlement as if it's the first time #NCAA leaders have realized they have #antitrust exposure. But, we've been talking about NCAA legal exposure for 10+ years. Let's turn back the clock: youtu.be/tEwyBufpPwM?fe…

'The multipronged campaign raises the ethical question of whether educational nonprofits should spend millions to lobby for their own interests and, in turn, against the interests of the students they claim to serve.'

🎯🎯🎯

I have always believed that the best professors are also life-long students in new subject areas. This morning, I’m off to take a final exam on the History of China 1911-Present. Thank you to Professor Rick Belsky for making me a more knowledgeable and well-rounded human being.

The line that stands out to me in this article--immediately below my quote--is that 'Berman disagreed, saying the terms are fair.' The settlement terms perhaps may be fair. But antitrust law has never been about finding a fair price. Antitrust law is about FREE MARKET price.

'If I were a judge, there are aspects of this settlement the way that it's been reported that would be very concerning.' -- Marc Edelman

Antitrust experts raise concerns about the proposed plans to deter future lawsuits. Details in today's story on the pending House settlement.

Arguably, Kessler conflicting himself and his firm out of bringing the next antitrust case against the #NCAA would be a big win in itself for the monopolist college sports cartel. There are probably less than 20 lawyers in the country with the knowhow to bring this kind of case.

This seems like a trick question.

Important development. I discuss some of the antitrust violations here: papers.ssrn.com/sol3/papers.cf…

Q: What do law school hiring committees and fantasy baseball owners most have in common?

A: Cognitive bias toward rookies. If I were a law dean, I’d be looking more at faculty with strong practice/publishing track record, and less toward recent Yale J.D.

But, that’s just me.

Simply stated, a court cannot exonerate future antitrust liability involving non-parties to a settlement. Every time the #NCAA seems to have finally learned how to get out of its own way, it somehow seems to stumble back into it.