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Someone tracked down Vaccaro on vacation in Athens, Greece, and he flew back directly to meet Hausfeld.
The shoe salesman and the white-shoe lawyer made common cause. When I talked with Hausfeld there not long ago, he sat in a cavernous conference room, tidy in pinstripes, hands folded on a spotless table that reflected the skyline.
Hausfeld LLP has offices in San Francisco, Philadelphia, and London. He spoke softly, without pause, condensing the complex fugue of antitrust litigation into simple sentences. So they had a right that they gave up in consideration to the principle of amateurism, if there be such.” (At an April hearing in a U. District Court in California, Gregory Curtner, a representative for the NCAA, stunned O’Bannon’s lawyers by saying: “There is no document, there is no substance, that the NCAA ever takes from the student-athletes their rights of publicity or their rights of likeness.
“Let’s start with the basic question,” he said, noting that the NCAA claims that student-athletes have no property rights in their own athletic accomplishments. They are at all times owned by the student-athlete.” Jon King says this is “like telling someone they have the winning lottery ticket, but by the way, it can only be cashed in on Mars.” The court denied for a second time an NCAA motion to dismiss the O’Bannon complaint.) The waiver clause is nestled among the paragraphs of the “Student-Athlete Statement” that NCAA rules require be collected yearly from every college athlete. Nobody can assert rights like that.” He said the pattern demonstrated clear abuse by the collective power of the schools and all their conferences under the NCAA umbrella—“a most effective cartel.” The faux ideal of amateurism is “the elephant in the room,” Hausfeld said, sending for a book.
This is sound advice as far as it goes, but it’s a bromide that pinches off discussion.
Hausfeld read to me from page 390: The college player cannot sell his own feet (the coach does that) nor can he sell his own name (the college will do that).
This is the plantation mentality resurrected and blessed by today’s campus executives. (He is now 89.) Was that part of the plaintiffs’ strategy for the O’Bannon trial? “I’d rather the NCAA lawyers not fully understand the strategy,” he said.
But the real scandal is the very structure of college sports, wherein student-athletes generate billions of dollars for universities and private companies while earning nothing for themselves.
Here, a leading civil-rights historian makes the case for paying college athletes—and reveals how a spate of lawsuits working their way through the courts could destroy the NCAA.