Reforms We’re Cheering For in 2025

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Posted on 01/06/2025 7:51:21 AM PST by karpov

Each year at this time, the staff of the Martin Center share our higher-ed-reform dreams for the coming 12 months. Will all of our wishes come true? Probably not. Nevertheless, we offer them here in a spirit of optimism, for the reader’s enjoyment and edification.

Keep Title IX Out of College-Sports Revenue Sharing

Last year, the Boston College Law Review (BCLR) published an article on the “equity implications” of paying college athletes, a topic made pressing by Justice Brett Kavanaugh’s NCAA v. Alston concurrence and the related settlement of House v. NCAA.

As a review, Kavanaugh joined in full the Court’s 2021 decision that NCAA restrictions on player “name, image, and likeness” compensation violated antitrust law. Yet he noted separately that the NCAA’s entire business model, which bars student athletes from direct participation in profit sharing, “would be flatly illegal in almost any other industry in America.” House v. NCAA, scheduled for settlement finalization in April, promises to change that template. Henceforth, college athletes will receive up to 22 percent of ticket, television, and sponsorship revenue, a sum that will amount to billions of dollars a year.

Though the resulting divvying up will be hugely complicated, BCLR’s question was relatively simple: Do current Title IX regulations require equal payouts to male and female athletes? The law review’s answer, based on a close reading of current guidance, was “no.” Thus, the authors suggested, the Department of Education should issue new rules ensuring that men and women receive “proportionately equal payments for their athletic services.”

This would be a terrible idea. Subjugating free markets to highly politicized notions of “fairness” usually is.

(Excerpt) Read more at jamesgmartin.center ...

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1 posted on 01/06/2025 7:51:21 AM PST by karpov

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