Breaking down the NLRB decision finding Dartmouth men’s basketball players are employees

A National Labor Relations Board director ordered a union election for 15 Dartmouth men’s basketball players Monday in a ruling that found the players are employees of the university.

The result could be the first labor union for NCAA athletes.

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Uncertainty grows for Ivy League aid after antitrust exemption expires

Congress did something of great significance to Ivy League sports Friday.

It did nothing at all.

Congress allowed a section of the Higher Education Act allowing key antitrust protection for the Ivy League to expire. The expiration increases the Ivy League’s exposure to legal challenges to its refusal to grant academic and athletic scholarships.

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Ivy Madness reporter’s notebook: Days 1 & 2

Ivy Madness became Ivy Gladness for Princeton women’s basketball after its 72-67 Ivy League Tournament semifinal win over Harvard at Lavietes Pavilion. (photo by Erica Denhoff)

“As we battle in the WBCA (Women’s Basketball Coaches Association), they’re always talking about “create this environment.”  Any time I talk equity with anyone, they always say there’s more pressure on a man because the gyms are full, and the bands are playing.  The opposite is true.  It’s much easier to play in a (packed) venue like this.  It’s very, very hard for women all over the country and play in empty gyms without bands, fighting their schools for support to get the bands there and to get the cheerleaders there.  There’s been huge growth at Harvard, but there’s such a long way to go.  It’s really wonderful for the athletes to play in this kind of venue and it’s fun to watch as well.” – soon-to-be retiring Harvard women’s coach Kathy Delaney-Smith, talking about the boisterous atmosphere during her team’s 72-67 loss to No. 1 seed Princeton

Some random thoughts after two great days at the 2022 Ivy League Tournament:

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Decision time for the Ivy League: What the NCAA v. Alston Supreme Court decision means for the Ivy League’s policy of not providing athletic scholarships

Editor’s note: The authors of this article submitted this article to the Ivy League’s eight presidents Monday to share their views and recommendations, eight days after it was published here:

In June 2021, the Supreme Court unanimously decided in NCAA v. Alston that the antitrust laws prohibit the NCAA from limiting in any way its Division I schools from offering “education-related compensation or benefits” to student-athletes (men and women) who play basketball and football.

This means, for example, that the NCAA is barred from preventing any college from giving full tuition, room and board or other education-related benefits — such as tuition for graduate or professional school, textbooks, or internships while in school — to these college athletes. The Supreme Court agreed with the federal district trial court that the NCAA could set standards or definitions of what types of expenditures are “education-related,” including those items just noted. In reaching its decision, the Supreme Court recognized that the antitrust laws exist to ensure and protect competition and to prevent practices that interfere with a student athlete’s right to have schools compete for their services.

As the Supreme Court described the effect of the district court’s finding, “competition among schools would increase in terms of the compensation they would offer to recruits, and student-athlete compensation would be higher as a result … Student-athletes would receive offers that would more closely match the value of their athletic services.”

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ICYMI: Catching up on the Ivy offseason

With teams a few short weeks away from actual games, here is a collection of off-season stories to catch up on before the start of the 2018-2019 season.

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Report: Former Yale basketball player defends Brett Kavanaugh amid questions about his drinking history

On Sunday, Chad Ludington, a former Yale men’s basketball player, issued a statement to the New York Times that Supreme Court nominee Brett Kavanaugh was not truthful about his drinking history during his Thursday testimony to the Senate Judiciary Committee.  After watching the Judge discuss his past behavior during a Fox News interview and under oath in front of the judiciary committee last week, Ludington felt it was civic duty to come forward to tell of his experience drinking with Kavanaugh during their undergraduate years.  In addition to the Times, the former ballplayer planned on telling the information to the FBI in Raleigh, N.C, on Monday.

According to a report at Yahoo.com, Kavanaugh, a Yale undergraduate from 1983-1987, tried out for the Bulldogs’ varsity team in the fall of 1983, but was cut by then-coach Tom Brennan.  After time spent playing on the junior varsity basketball team and reporting on the varsity program for the Yale Daily News, Kavanaugh attended Yale Law School from 1987-1990.  Following his graduation, he became a clerk for Judge Walter King Stapleton of the U.S. Court of Appeals for the Third Circuit, a fellow with the Solicitor General of the United States, a clerk for Supreme Court Justice Anthony Kennedy, a member of Ken Starr’s Office of the Independent Counsel, a partner at Kirkland & Ellis, an associate of the White House Counsel Alberto Gonzalez, an Assistant to President George W. Bush, a judge on the U.S. Court of Appeals for the District of Columbia Circuit, and a nominee for an Associate Justice position of the U.S. Supreme Court.

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Brett Kavanaugh and the ’85-’86 Yale Bulldogs

Following the recent nomination of Judge Brett Kavanaugh to the Supreme Court, the Yale Daily News noted that the Eli alum (’83-’87 Undergrad; ’87-’90 Law) was once a writer at the paper’s sports department. While journalists and commentators across the nation scour and highlight his voluminous legal output, we here at IHO have looked at his writings to take a (lengthy) look back at his work with the 1985-1986 Yale men’s basketball team.

The Bulldogs finished the 1984-1985 season with a 14-12 overall record and a 7-7 mark in the Ivy League.  They were tied for fourth with Harvard and Princeton, three games off the pace of league champ Penn, two games behind Columbia and one game back of Cornell.  Yale won five of its last seven, including a home sweep of the Empire State Ivies and a 77-75 victory over the Quakers at the Palestra.  Sophomore center Chris Dudley, who averaged 12.6 points, 10.2 rebounds and 2.0 blocks per game, was named to the All-Ivy first team.

Penn, led by first team All-Ivy junior guard Perry Bromwell and junior center Bruce Lefkowitz, was the preseason favorite to win the conference.  In his November 21, 1985 season preview, Kavanaugh wrote, “Penn finished 10-4 in the Ivies last season, and their four losses were by a total of only 11 points.  If they are disciplined and play as a team under new coach Tom Schneider, the Quakers should repeat as champions.”  According to the coaches preseason poll, Yale was picked second, followed by Columbia, Cornell, Princeton, Harvard, Dartmouth and Brown.  Kavanaugh predicted a similar top five with Dartmouth, Brown, and Harvard in the bottom three spots.

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