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episode 129: Bill Gould on Dartmouth Basketball and the Changing Game of Unions and College Athletics
Pam Karlan and labor law expert and former NLRB chair William Gould IV explore the quickly changing arena of college athletics including the push for student-athlete unionization, the debate over compensation, and other issues at the intersection of sports and academia. From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, they discuss the complex issues shaping the law and the future of collegiate sports.
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Links:
- William Gould IV >>> Stanford Law School Page
- Recent Q&A with Gould >>> Stanford's Bill Gould on the Dartmouth College Basketball Union Vote
(00:00:00) Chapter 1: Introduction to the Intersection of Sports and Labor Law
- Pam Karlan introduces the topic of sports law and labor law, highlighting the recent developments in the field and the significance of the intersection between the two areas. Bill and Pam look at an overview of the Dartmouth College men's basketball team unionization case and its implications for the traditional understanding of student-athlete status.
(00:02:03) Chapter 2: The Evolving Definition of Student-Athlete
- William B. Gould IV delves into the historical context of the student-athlete designation, tracing its origins and evolution over time. He discusses the complexities of defining student-athletes within the framework of labor law and examines the factors that have contributed to the recent challenges to this classification.
(00:06:49) Chapter 3: Labor Law Considerations in Collegiate Athletics
- Gould explores the key principles of labor law as they apply to collegiate athletics, emphasizing the factors that determine employee status and the obligations of universities as employers. The chapter addresses issues such as control over athletes, compensation, and the role of collective bargaining in shaping the future of collegiate sports.
(00:10:00) Chapter 4: Implications for Intercollegiate Sports
- Karlan and Gould discuss the broader implications of the Dartmouth case and similar unionization efforts for intercollegiate sports as a whole. They examine the challenges posed by conference realignment, Title IX considerations, and the evolving landscape of athlete compensation, including name, image, and likeness rights.
(00:14:23) Chapter 5: Legal and Policy Perspectives
- The conversation shifts to a discussion of the legal and policy considerations surrounding student-athlete rights and the role of the courts in shaping future outcomes. Gould offers insights into the potential impact of Supreme Court decisions and judicial attitudes towards higher education institutions and their treatment of athletes.
(00:21:08) Chapter 6: Looking Ahead
- In the final chapter, Karlan and Gould reflect on the future of collegiate athletics in light of ongoing legal battles and shifting societal norms. They explore potential scenarios for reform and address lingering questions about the balance between academic and athletic pursuits, the role of unions in protecting athlete rights, and the broader implications for labor relations in the sports industry.