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In California v. the NCAA, Root–Grudgingly–for the NCAA

September 11, 2019 in Economics

By Neal McCluskey

Neal McCluskey

Higher education financing is maddeningly complex—state subsidies to schools, federal grants to students, for-profit schools, “nonprofit” institutions, student loans, seemingly limitless ways to handle loan repayments—and in the grand scheme of things whether college athletes can get paid beyond “educational expenses” is a pretty minor thing. Of course, it isn’t that minor if you are an athlete, or even if you were one of millions of people who loved playing college sports video games, which met their demise in part due to legal battles over compensating college players. (I bought my first ever sports video game—NBA2K17—because it had a small mode letting me play a few tilts as my beloved Georgetown Hoyas.) All of this is why legislation likely to be enacted in California, the Fair Pay to Play Act, is making big noise, threatening to pit our largest state against arguably the country’s biggest sports power: the National Collegiate Athletic Association, or NCAA.


Who am I rooting for in this potentially monumental clash? Much though it pains me, the NCAA.

California’s legislation, which is likely to be signed by Governor Gavin Newsom (D), is intended to allow college athletes to benefit from their name, image, or likeness being used by others for profit. You may be familiar with the O’Bannon case, a lawsuit brought by former UCLA basketball star Ed O’ Bannon against the NCAA, video game maker Electronic Arts (EA), and the Collegiate Licensing Company (CLC). O’Bannon and other athletes sought compensation for the use of their likenesses, including in E’s NCAA College Basketball series. EA and CLC settled with the plaintiffs, and the NCAA lost in court at first, but prevailed against non-educational compensation on appeal. The U.S. Supreme Court refused to hear the case, letting the no-compensation rule remain.



I’m no fan of the NCAA, with its slick marketing emphasizing the “student” in “student athlete” while raking in over $1 billion, much of which goes …read more

Source: OP-EDS

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Don’t Judge a Brief by Its Cover: DACA Is a Good Policy That Congress Has Not Authorized

September 11, 2019 in Economics

By Josh Blackman, Ilya Shapiro

Josh Blackman and Ilya Shapiro

We recently filed an amicus brief “in support of DACA as a matter of policy but [the government] as a matter of law.” The caption caused quite a kerfuffle on social media. “Is that a thing?” they tweeted. Yes, it is a thing. And the court would be well served to receive more briefs that expressly acknowledge the distinction between law and policy. Most Supreme Court amicus briefs are predictable. Groups that favor outcome A argue that the law supports outcome A. Groups that favor outcome B argue that the law supports outcome B. Occasionally, groups file cross-ideological briefs in which people of opposite political stripes unite to support a specific cause. But even these briefs fall into the same pattern: Regardless of ostensible ideological labels, all the groups on the brief support the policy outcome that the brief’s legal theory advances.



In Department of Homeland Security v. Regents of the University of California, the Cato Institute and Professor Jeremy Rabkin took a different approach. We affirmatively support as a matter of policy normalizing the immigration status of individuals who were brought to this country as children and have no criminal records. (See Cato’s immigration work if you have any doubts.) Moreover, as a matter of first principle, people shouldn’t need government permission to work. But the president cannot unilaterally make such a fundamental change to our immigration policy — not even when Congress refuses to act. Indeed, our deep concerns about the separation of powers and abuse of executive power motivated us to file this brief. Presidents with different priorities come and go. The principle that Congress cannot delegate its legislative power to the president, such that he alone can fix the law, remains.

Through the Deferred Action for Childhood Arrivals program, known as DACA, the Obama administration took the position that the Immigration and Nationality Act authorized the secretary of homeland security to confer lawful presence and work authorization on roughly 1.5 million aliens. The Trump administration reversed course. Attorney General Jeff Sessions concluded that this reading of …read more

Source: OP-EDS

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September 11: Photos of the Worst Terrorist Attack on U.S. Soil

September 11, 2019 in History

By Editors

Images show devastation during the 2001 terror attacks, and the tragic aftermath.

The September 11 attacks struck the nation on a clear, late summer morning on the East Coast. Hijackers used jet airliners as weapons and rammed them into New York City’s World Trade Center and the Pentagon. One hijacked plane crashed in a field outside Shanksville, Pennsylvania. In all, 2,977 were killed.

As New York City’s Mayor Rudy Giuliani

NYC First Responders on 9/11: Photos

Civilians bolt in the opposite direction as firefighters rush towards the Twin Towers of the New York City’s World Trade Center after a plane hit the building on September 11, 2001.

View the 9 images of this gallery on the original article

The 9/11 attacks not only became the single deadliest terrorist attack in human history, they were also the deadliest incident ever for firefighters, as well as for law enforcement officers in the United States.

READ MORE: How 9/11 Became the Deadliest Day in History for U.S. Firefighters

Attack on the Pentagon: Photos

In this handout provided by the Federal Bureau of Investigation, first responders are shown on scene following an attack at the Pentagon on September 11, 2001 in Arlington, Virginia. American Airlines Flight 77 was hijacked by al Qaeda terrorists who flew it in to the building killing 184 people.

View the 12 images of this gallery on the original article

At 9:37 a.m. on September 11, 2001, a jet engine roared low over traffic in Washington, D.C. The airplane, the hijacked American Airlines Flight 77, sliced through three light poles in the Pentagon parking lot before slamming into the first floor of the building and exploding in a fireball, instantly killing 125 people inside the Pentagon plus all 64 passengers onboard, including the five hijackers.

READ MORE: How the Pentagon’s Design Saved Lives on 9/11
Pentagon – Location, Building Timeline, 9/11

Flight 93: Photos

Smoke rises behind investigators as they comb the crater left by the crash of United Airlines flight 93 near Shanksville, Pennsylvania September 12, 2001. Flight 93 is one of four planes that were hijacked as part of a deadly and destructive terrorist plot against the U.S. September 11.

View the 7 images of this gallery on the original article

United Airlines Flight 93, a regularly scheduled early-morning nonstop flight from Newark, New Jersey, to San Francisco, California, departed at 8:42 a.m. …read more