Scholars of the Game

In this week's WSLU, we discuss the alleged New England Patriots. Specifically the news of an alleged Spygate 2.0. News which shocked many as the Patriots were allegedly filming the 1-11 Cincinnati Bengals. Why cheat against them? Who would be dumb enough to cheat again filming a team when you already got caught before. Well, sometimes history repeats itself.

Excited to bring you this week's news. We will discuss Josh Shaw, the NFL that was caught betting on NFL games. This will include his punishment and what the league should do moving forward. Also, we will check out the St. Louis Blue's fan engagement app that, on the surface, just looks like sports betting. You're listening to the Scholars of the Game Weekend Sports Law Update.

The NBA has long thought about playoff re-allignment and it they may finally be serious about it. In addition to a new playoff structure, the NBA is considering three (3) additional major changes to the NBA season. These are a mid-season tournament, a play-in game for the seven/eight (7/8) seeds and a shorter season. The jury is still out if the players will be agreeable, but it’s never too early to cast an opinion. Listen to this week’s episode of SOTG to see what these rules really do, and if they will be good for the future of the NBA.

Some crazy stuff out of the Pittsburg/ Cleveland game from last week. Racial Slurs? Kicking and Punching? Almost killing a player with their own helmet? The NFL rules finishes its appeal process for the 3 players involved. You're listening to the Scholars of the Game Weekend Sports Law Update. 

The NCAA cannot operate the same model it has been for the past decades. The question that has now come up is what will be the straw that breaks the camel’s back? From new start up leagues, to state laws, to lawsuits and everything in between, the NCAA is being hit from all sides. Today we look at James Wiseman’s situation and see both his options moving forward AND the options of the NCAA. You’re listening to episode 48 of the Scholars of the Game Podcast. 

This weekend two different leagues were rocked for differing reasons. The NFL after a long, contentious relationship with Colin Kaepernick, is having a combine of sorts for him. Something that many see as a joke, or a PR stunt. Additionally, potential allegations against the Houston Astros came to light of “Sign Stealing.” One is likely too good to be true, and the other the worst cheating scandal since the BlackSocks.

The weekends sports law update is coming to you on Friday, November 8th. We want to make sure you guys have the right sports law stories going into the weekend and are able to tweet at us. This week we look at 3 stories, all from different sports. First we look at the NBA's CBA as it pertains to drug testing appeal in the John Collin's situation. Next we look at Brian's hometown of Las Vegas's dispute with Evander Kane over a $500,000 gambling debt. And lastly we look at Senator Burr's tweet about taxing the NCAA Athlete's scholarship if they can make money other ways. We hope you enjoy this weekends Scholars of the Game Podcast. 

Today, we are seeing players become more and more business-minded. Many can thank Lebron for his aspirations outside the court in media, schooling, and other adventures for paving the way for athlete success outside of the sport in which they play. But players are always trying to capitalize on their own brand. Most recently, Kawhi applied for two trademarks. Listen to this week’s Weekend Sports Update to find out what they are and their likelihood of approval!

UFC has become a must-watch league where everyone flocks to their favorite Buffalo Wild Wings or bar to watch grown men and women beat on each other. The oohs and aahs of watching someone get knocked out; submit to a choke hold, or have the fight stopped because they can’t defend themselves anymore. So this begs the question, why do fighters continue to wail on their opponents even if the lights are on and no one is home? Listen to “Night Night” to find out if fighters have any legal claims when this happens and who is responsible for making sure this does not happen more than needed.

Sports are a business. This is an adage we hear over and over during the course of a season and the Kelechi Osemele debacle with the NY Jets is a great example of this. Osemele tore his labrum and sought out advice on whether he should play through it or get surgery. The team doctors told him one this and his private council told him another. He got surgery and the team cut him. Did they have the right to? Can he collect on the remainder of his TEN MILLION DOLLAR CONTRACT? Youre listening to the Scholars of the Game podcast. 

With the recent trade of star corner Jalen Ramsey to the LA Rams, we are starting to see more and more power shifting to the players and away from the league and its owners. In this case, a disgruntled star player was not happy with how the team treated him and demanded a trade. But that is not what is so interesting. Ramsey made it happen by promising the Rams that he would not hold-out again. But there is, of course, a catch. Listen to this week’s episode to find out what the catch is and the massive implications for the 2020 CBA talks.

The NBA has recently been the league of action, the league that, seemingly, always tries to get it right. This could range from dis-incentivizing tanking, views on player activism, to even treatment of their players (think guaranteed contracts). But the one thing they have got wrong, is tampering. They have enforced inconsistent penalties on teams for varying degrees of tampering with no structure. That is until the league announced its new policies on tampering. Listen to this week’s episode to find out what the changes were, and if it was just all talk.

The name of the game today is employment law. Not the most sleek and sexy topic in sports but with the disputes between China and the NBA as well as the policy by Purdue University, it is critical to look at sports as an employee-employer relationship. Listen to Brian break down what is happening in Indiana and the NBA on this weeks episode of the Scholars of the Game Podcast. 

Arguably, nothing is more important to an Athlete than their brand. It might consist of a symbol, a saying or a nickname but this intellectual property allows these athletes to sell merchandise and capitalize on their popularity. But what is intellectual property and how do athletes protect it? Listen now to episode 45 of the scholars of the game podcast.

Its Taylor's turn to bring you Scholars the updates sport law/ sports business this week. Taylor examines a hot and consistent topic to the podcast- the "Pay for Play" Act from California. Not only has Gov Newsom signed the bill into law in California, but he has created momentum for the other states to follow. Heck, even the US Congress is getting in on the action. Listen to Taylor's analysis on this weekend's sports update.

Brian and Taylor launch a new series focusing just on the current events in sports law and business. This week, they look at the Jalen Ramsey trade request and compare the NFL players power to that of the NBA's. It will be interesting to see how and if that power dynamic shifts as the CBA is set to expire next year. You are listening to the Scholars of the Game Podcast.

The NFL has long been willing to forgive the conduct outside the football field of a Star player. We have seen it with the likes of Kareem Hunt, Michael Vick, and Big Ben just to name a few. But at some point, your actions become the “straw that breaks the camel’s back.” Listen in this week to find out ten “straws” that should be enough to break the camel’s back on AB’s playing career in the NFL.

California is looking to turn Amateurism on its head. Will their recent bill allowing college athletes to be compensated for their name, image and likeness become law? What impact will this have on athletes all over the nation? You’re listening to episode 43 of the Scholars of the Game Podcast

Today we address the Demarcus Cousins Domestic Abuse allegation. Specifically, what it means for Cousins, criminally, professionally, and in the court of public opinion. You're listening to episode 42 of the Scholars of the Game Podcast.

Antonio Brown is one of the polarizing figures in the NFL. From his demand for a trade from the Steelers, to his feet, to now his helmet. AB has always been a figure for the sports world to follow. In this episode we follow his “dispute” with the NFL regarding his helmet. Is it safe? Is he being petty? Yes and Yes. Listen in this week to find out what the real issues regarding Helmet Gate are, and why the worst is yet to come. 

Following the lead of almost all sports leagues in the US to this point, the NFL has reached a deal with Sportradar to become the exclusive distributor of NFL data rights in regard to sports betting. The NFL, the largest and most lucrative sports league in the in US, is sure to have made a deal for a record price with this company. Brian and Taylor will discuss is this was the right time for the NFL to strike a deal and what this means for football moving forward.

Baseball is America's pastime. But in the early part of last century a scandal during the World Series almost got rid of the sport all together. In this weeks throwback episode, we dive into the Black Sox's story and how baseball's commissioner handled this time of corruption. With the potential for sports betting legalization in every state, we must understand the scandals of history or we will be doomed to repeat them. You're listening to the Scholars of the Game Podcast. 

When it comes to sports marketing, advertisers are always looking to get the most views for their dollars. Few sports are able to offer advertising the way that NASCAR can. It looks like 40 billboards racing around a track for 4 hours. In this episode, we look at the financials of a NASCAR sponsorship along with the rules and lack of rules from NASCAR saying what advertisements you can have on your racecar. Its time for the Scholars of the Game Podcast.

We love how passionate fans express themselves about sports. The truth is sometimes fans can take it too far. This week we look at the (terrible) reasons why fans streak through games and the civil and criminal penalties associated with this sporting phenomenon. You're listening to the Scholars of the Game Podcast.

There has been much back and forth of the past decade about lowering the age that players have to be in order to play in the NBA. With Coco Gauff doing exceedingly well in the Wimbledon Tournament this week, we think that all sports should just let the kids play and have the best players on the court, field or diamond. Its time for another edition of the Scholars of the Game Podcast. 

There is no denying the talent that Pete Rose and Barry Bonds showed on the baseball diamond. The both could easily get into Cooperstown based solely on their defensive or offensive ability. The problem is that these top 7 all time players broke the rules of baseball and to this day have not gotten into the hall. Listen to Taylor and Brian discuss why these legends are "ineligible" and see if we can make a case to allow them into Baseball's Hall of Fame. 

ZION is the best prospect to grace the NBA since Lebron. Well, that is at least what most of the scouts say. But, he does not come without baggage. Zion finds himself in a peculiar position of agencies dueling for their right to make money off of Zion’s endorsement deals. But to the naked eye, it may not seem so obvious why all of this is going on. Listen in to this week’s episode, as we discuss the specifics of the suit and how it can impact all of those involved!

The AAF was supposed to be the feeder league for the NFL that everyone always wanted. A sort of “minor league” for the NFL. But problems with investor Tom Dundon and HIS vision of the league lead to his decision to fold up the AAF. So this begs the question, will there ever be a league to compete with Roger Goodell himself? We believe so. Listen in to this week’s episode to find out why we think the XFL may be the league, that just might make it.

If you ask any football fan born in 1975 or earlier, they will have known Southern Methodist University as a powerhouse football program. SMU contended for bowl games, national titles and Heisman trophies. They did all this while committing countless NCAA violations. The NCAA handed out the death penalty to the school in the late 1980's. Due to this harsh penalty, SMU has since struggles to be more than just a bottom dwelling football program. Join Taylor and Brian in looking at this throwback episode of the Death Penalty of SMU Football. 

Cuba is one of the few countries in the World that the US seems to ALWAYS have trouble dealing with. They have had disagreements over the political structure of the country, its ties to Russia during the Cold War, and even, baseball. Listen in to this week’s episode as we discuss the ramifications of the Trump administration cancelling Major League Baseball’s deal with Cuba.

The NCAA has recently stated that it would "look into" allowing players to benefit from their own name, image and likeness. But someone has to wonder, why is this something they are considering now, after all these years. Our bet, is that California State Bill 206 scares the NCAA. CA State Bill 206 would not allow universities in California to punish players for benefiting off their own name, image, and likeness, something that goes directly against NCAA's own regulations. Listen in as we discuss this new regulation and its possible impacts to collegiate sports!

This week we are honored to talk to Doug McSwain, partner at the firm Wyatt Tarrent and Combs. Mr. McSwain recently published his paper through the Kentucky Journal of Equine and Natural Resource Law. His paper is titled "The Legalization of Sports Betting: A Federalism Framework & The Horse Racing Model."It draws on the Interstate Horseracing Act to act as a guide in the national policy making to govern sports gambling. 

Sports betting can be legalized in every state now. Cool. The question now is how will these states govern the transactions happening within their borders. This episode and the paper that Brian wrote for his seminar looks at what states have done so far and what is the best solution for the states looking to legalize this activity soon. 

With its 32 teams across the league, the NFL has quickly become  one of the upper-echelon professional sports leagues. Their attendance for 2018 was impressive; each week, roughly five-Hundred thousand fans would attend the roughly 16 NFL games a week. Additionally, the games would garner 15.25 million viewers across all major networks. So with this increased attention the spotlight is always on the NFL and how they react to issues with its players. This time the spotlight is on their Domestic Violence Policy   The league has had 23+ incidents of domestic violence allegations since 2014 and the NFL always seem to give inconsistent punishments. Listen to this week's episode to find out what our co-host Taylor believes is a viable new policy for the league and why he believes it will be the deterrent we need for such conduct!

You can't pay student athletes? Have you seen their facilities though? Clemson's mini golf course, South Carolina's laser tag arena, and the crazy tech integrated in locker rooms across the country. There are billions of dollars that are implicated in collegiate sports, we wanted to highlight why schools are investing so much money into their athletic facilities and why they may, or may not be worth it. We talk to Chynna Hibbitts about her time working at University of Louisville athletic facilities.

In this week’s episode we have the pleasure of interviewing UK Law Student Elizabeth Lampert. Elizabeth has been a long-time equine enthusiast and has experience with horses dating back to the third grade. In this interview, Elizabeth dives into areas of the horse industry that are often overlooked. These include Eventing, Dressage, and “Restarting” a horse! But she also gives her takes on issues with Sports Betting in the Equine Industry and how governing bodies regulate the industry. Take a listen to find out her takes on these topics!

Anyone familiar with the Lexington area knows the importance of Keeneland to both the local community and the state. The racetrack was founded by horsemen originally as a practice track for horses but has grown to something so much more.          Today, Keeneland has blossomed into a pillar of the Lexington community both culturally and economically. When opening day comes around, it is practically a holiday. People from all over the state come in to see the races and partake in the atmosphere while locals, take vacation days to tailgate on THE HILL. Additionally, Keeneland also boasts roughly 300,000 attendees annually for the April and October Race Meets and roughly $500+ million in horse sales annually. This week we got the inside scoop on the enterprise.       In this weeks episode, Scholars of the Game had the pleasure of interviewing Keeneland VP and COO Vince Gabbert. Vince goes into the everyday operations of Keeneland and what goes on behind the scenes of this power-house in the Lexington community. Check it out!

Working with horses is one of the oldest traditions in both Kentucky and the United States and it is all governed by equine law. But, what is equine law? Simply put, it is any practice of law that involves horses, horse-related activities, horse businesses, horse organizations, and horse facilities.  Listen to Equine Law Professor, Frank Becker talk about the industry and set the stage for this wonderful topic of equine law for the next few weeks on the podcast. Understanding the basics of this field will help out so much as we bring a variety of specialized horse lawyers to talk about racing, immigration and other exciting and changing fields of equine law.   

As we round out our current discussion of Sports Betting, it is apparent that this topic is complex. Sports Betting is an intricate subject that only seems to grow each and every day. As of today we have roughly 8 states who have legalized sports betting in their respective states (Nevada, New Mexico, Mississippi, West Virginia, Pennsylvania, Delaware, New Jersey, and Rhode Island), Arkansas and D.C. have Bill's passed for Sports Betting, and roughly 18 states have Bills introduced in their legislature's to eventually legalize sports betting. In this interview with Daniel Wallach we address several issues in the Sports Betting industry. These include "royalty fees" from sports leagues; the willingness, or lack thereof, of legislatures to pass sports betting bills; and the possibility of a governing body overseeing sports betting. Tune in to this week's episode to find out the Gaming Law Guru's opinion on these topics!

 Ever since the Supreme Court over-ruled PASPA, the sports-betting industry has been booming. But maybe not in they way some people would have thought. The hot button item is not the over-under on the UK-Duke basketball game or the point spread for the Yankees game. Instead, major betting powers (MGM) are positioning for player-data. These entities are dying for up-to-date, real time data that will allow them to have the the most accurate information so that it can eventually be wagered on.       In this week's episode of Scholars of the Game, we interview Kristy Gale, a "pioneer" of the wild-west of sports-player data. In this riveting interview, Gale discusses up-and-coming ways that players' biometric data is being processed and used to the leagues benefit. Take a listen to find out who she thinks are the big players in this industry and potentially serious privacy concerns for players!

It seems like in contract negotiations and trade scenarios in the NBA, the players are the king and management is just trying to survive. In the NFL, it is usually the opposite. That what makes the Antonio Brown drama all the more exciting. He demanded a trade from the Steelers and in addition to getting his wish, his new team made him the highest paid WR in the the league. He is arguably the best WR in the game but at 31 years old, this NFL season might see him slowing down. Was he only worth a 3rd and 5th round pick or did the Steelers get hosed? Taylor and Brian add their thoughts and what they think will happen in the NFL free agency period. 

This month on the Scholars of the Game Podcast, we will be taking a look at sports betting legalization. Our introduction episode has John Holden of Oklahoma State Univeristy going over (1) the history of the act that made sports betting illegal (PASPA), (2) the ruling of the SCOTUS that left it up to the states (Murphy v NCAA) and (3) what is the future of sports betting. The future includes what the states are doing to legalize it and what possible corruption scandals await. 

Max Kilbourn is a 3rd year law student at the University of Kentucky. This past summer, he had the opportunity to go out to LA and work for MVP Sports Group. This sports agency represents some of the most premiere baseball players in the world including the $300 million dollar man, Manny Machado.  Max talks about what he did to get this opportunity, what it takes to be an agent and gives advice to anyone looking to go into this highly competitive but exciting field of athlete representation. If you have any questions for Max, reach out to him via instagram (@maxkilbourn). 

The sports world has been anything but silent these past few weeks. With Zion Williamson literally busting out of his shoes as a big time prospect for Duke and Patriots Owner Robert Kraft being arrested in a prostitution sting, the sports world is rocking. Brian and Taylor give you their take on these issues as well as others.  What do you guys think the NFL should do to punish (or not punish) Robert Kraft? Remember, disciplining an owner will set a precedent for future league involvement. 

We take a break from Esports this week to look at the upcoming NFL Draft. Taylor is a die hard Ravens fan and Brian just likes to make fun of all of the teams. Take a look at where we have each player going and tweet back at us.  We also briefly discuss the Kaepernick settlement with the NFL concerning his collusion case. Really great read on that can be found at https://www.thesports.biz/kaepernick-settlement-nfl/. 

Some of the biggest culprits of Esports gambling are not even old enough to shave. In purchasing “loot boxes” a player pays for a chance to win digital goods including player skins. While this is not illegal per say, the age of consumers making the gamble on virtual goods starts at a very young age and would be under the conventional age to gamble. 3rd year law student Ashton Boyken discusses the problems and possible solutions to this dilemma of gambling in esports.

E-Sports is one of the largest and fastest growing businesses out there! But not many people know what it is or what it means to be a professional in this field. In this episode we dive into 5 things you need to know about E-Sports. Specifically, we break down what "E-sports" actually means, the economics behind it, possible legal impact, lack of governing bodies, and E-sports impact on the collegiate world.

Ricky serves as the CEO of this start up corporation that is battling with the NCAA for their inventory/ workers, The Players. The difference? The HBL plans on playing its players a salary, let them profit off their name and likeness, AND pay for the schooling of these players. Listen to his plans to overthrow the perennial powerhouse. Its not as crazy as it sounds.

There is no denying that the NCAA is a huge money making machine. With College Football and March Madness Broadcasts making the Association billions of dollars every year, there is a huge opportunity for corruption and deceit to sneak in. Luckily, there is a Commission out there whose sole purpose is "to promote reforms that support and strengthen the educational mission of college sports." The Knight Commission on Intercollegiate Athletics (Knight Commission) was formed in the late 1980s with an organization of influential leaders in higher education and the world of sports to seek major reform of college sports and return athletics to the control and mission of institutions. We talk with the current CEO, Amy Perko about the big issue with college sports right now, amateurism. She offers her thoughts on the current litigation facing the NCAA and some possible solutions that the NCAA can take. Listen to her thoughts on the Scholars of the Game Podcast.

When it comes to athletics, there is always the question of whether to pay your players or not. You hear the media talk about, schools talk about it, even your water-cooler conversations at work likely consist around the payment of college athletes. We have been diving into this topic of amateurism all month and this week we have a different perspective. Payment is not the only way that the “pay-for-play issue” could be solved. In this episode of Scholars of the Game, Hunter gives a solution to the payment problem that many people may not have thought about. His idea would even work with the NCAA model in place today! Additionally, Hunter discusses how we solve the problem that is always an issue with the NCAA and that is making sure that players are in classes they want to be in. Listen this to this weeks episode to find out!

On the show today we have David Wright, Associate Dean at University of Kentucky, talking with us about the history of amateurism in the NCAA. There has been some recent push back to players being paid for their athletic services but this has not always been the case. Understanding why the NCAA is structured as it is will help us determine the best path forward for institutions and most importantly, the student athletes.