Gabelli Sports Business Initiative
Focused on the Future of Sports
Sports business is evolving at an unprecedented pace. From the popularity of new recreational sports to advanced use of biometric data to aid in athletic success, the world of sports is becoming more complex and more controversial. As a result, sports business models, legal standards, and ethical questions are becoming more complex and fascinating. Players are asserting their rights, owners are profiting through new revenue streams such as gambling and streaming, and sports fans are coping with the intersection of sports and politics. Additionally, mental health concerns, sexual abuse, and gender identity of athletes have produced debate on all levels of the sports hierarchy.
The Gabelli School Sports Business Initiative is at the cutting edge of everything that is happening in sports business. It examines and analyzes current issues involving sports and provides a forum that brings together stakeholders across professional sports, amateur sports, collegiate sports and Olympic sports, for critical discussions on what matters most.
From sports podcasts to symposia to lectures, the content we produce and deliver provides the insights and thought leadership that will drive the future of sports.
Professor Mark Conrad
The Gabelli School Sports Initiative was founded and is directed by Professor Mark Conrad, JD, who teaches in the Gabelli School’s Law and Ethics Area, and who also directs the Sports Business concentration for Gabelli School undergraduates. He has taught sports law and business classes at Fordham University for over 25 years. Professor Conrad has served as a panelist discussing sports law and business topics at other institutions, including Harvard University, Duke University, The University of Pennsylvania, and Fordham Law School, and is frequently quoted in major media outlets. He has lectured at Columbia University and Northwestern University in Doha, Qatar.
NEW – Sports Business Podcast with Prof. C
Professor Mark Conrad interviews sports experts, authors, and athletes on the topics that are changing the industry. He also comments on the key issues of the day. His law background provides a ground-breaking approach to enlightened exchanges with guests who join him in tackling tough topics. Tune in to these stimulating discussions to gain diverse perspectives, learn about interesting trends, and delve into the depths of the controversies that often make headlines.
Season Two
The Trump Effect: Are Major Shifts in Sports Law Coming?
On January 20th, Donald Trump will assume the presidency, and it is safe to say that his administration will make changes in certain areas of sports law. What will they be? It is likely to include changes in transgender rights, for one. For other predictions, check out Professor Mark Conrad on his podcast "Sports Business Podcast with Prof. C."
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00;00;00;00 - 00;00;47;12
Mark Conrad
Hello and welcome to the Sports Business Podcast with Prof. C, the podcast that explores the world of professional, collegiate, amateur, and Olympic sports. I’m Mark Conrad, or Prof. C from Fordham University’s Gabelli School of Business, where I serve as Professor of Law and Ethics and the Director of the Sports Business Initiative. As we all know, a new administration will come to Washington on January 20th and it is a safe bet that the political landscape will change.00;00;47;15 - 00;01;23;27
Mark Conrad
Coupled with both houses of Congress under Republican control, Donald Trump will assume the White House with the ability to alter policies adopted during the Biden Administration. This may apply to the world of professional and non-professional sports. What will be changed? Here are a few of my thoughts. Probably the most direct shift will be the Federal government’s policy on transgender athletes’ participation in sports teams in their transitioned sex.00;01;24;00 - 00;01;58;02
Mark Conrad
Trump has made it clear that he wishes to roll back protections for transgender students in schools that receive Federal funding. This would come at a time when over 20 states have enacted laws barring transgender participation. The incoming Trump Administration’s position, spearheaded by Linda McMahon, the secretary of education-designate, would be counter to the proposed rules issued by the Biden Administration. In 2023,00;01;58;04 - 00;02;32;00
Mark Conrad
the Education Department’s Office of Civil Rights proposed a rule prohibiting schools from banning transgender athletes from participating in their new gender identity. Instead, it would allow schools to prevent a transgender student from playing if their participation affected competitive fairness, safety, or some other stated objectives of the sport. It was a middle of the road approach, but, maybe sensing the political landscape,00;02;32;02 - 00;03;02;29
Mark Conrad
the rule was not implemented by the time of the election. With Trump’s victory, it is almost guaranteed that this proposal will be shelved and replaced by a policy prohibiting this practice. My guess is that the change will be challenged in court as a violation of Title IX of the Educational Amendments of 1973, which bans discrimination based on gender in schools receiving federal funds.00;03;03;02 - 00;03;45;12
Mark Conrad
Since most colleges and universities receive some kind of federal funding, this change would have significant effect on transgender female students. Another issue to watch is whether the NCAA can persuade the new administration and the new Congress for immunity from antitrust laws. While the transgender rules can be done without legislation, an antitrust exemption must be passed by Congress. As we know, the NCAA has been a defendant in a number of antitrust challenges to its governance, including the Supreme Court decision in Alston v. NCAA.00;03;45;14 - 00;04;26;18
Mark Conrad
Its governance structure is severely altered in this new era of college sports and the organization wants to avoid more costly antitrust litigation. Sen. Ted Cruz (R-Texas), who will chair the Senate Commerce Committee, vowed on a recent podcast, to prioritize solving the “future and viability of college athletics.” Cruz has sponsored legislation that would establish a national name, image and likeness standard, provide the NCAA an antitrust exemption, and declare that college athletes are not employees of their universities.00;04;26;21 - 00;04;56;15
Mark Conrad
However, the new president has not taken a position on this issue and there is no guarantee that this legislation will pass both Houses of Congress before coming to the President’s desk. A reconstituted National Labor Relations Board could decide that student athletes cannot be considered employees. Golf is a passion of the incoming President and has been interested in the proposed merger of the PGA Tour and LIV Golf,00;04;56;22 - 00;05;29;16
Mark Conrad
the Saudi-backed golf association. There have been antitrust concerns if this deal is consummated, but it is more likely that a Trump justice department will not block it. Other sports issues to watch will be less direct, but potentially important. Would changes in the tax laws affect the sale of sports teams; will Trump’s penchant for interjecting himself in cases where athletes engage in what could be called political acts emerge once again?00;05;29;18 - 00;05;56;25
Mark Conrad
But one thing is sure: a president who enjoys the spotlight will get plenty of it as the U.S. will host the men’s World Cup final in 2026 and the Los Angeles Summer Olympic games in 2028. You can bet that Donald Trump will be at the championship soccer match and the opening ceremonies of the Olympics. And he will soak up every minute of his camera appearances.00;05;56;27 - 00;06;20;17
Mark Conrad
Any thoughts? Send them to me at [email protected]. Thank you for listening. Until next time, this is Prof. C for the Gabelli Sports Business Initiative.
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- The Copa America Mess in Miami
- Did Chinese Swimmers Get a Break from Doping Enforcement?
- Music Gets Waterlogged at the Olympic Opening Ceremony
- American Olympic Success Fueled by the NCAA: Will the Athlete Pipeline between College and the Olympics End with the Major Changes in the NCAA System?
- The Pop-A-Shot National Championship: A Marketing Professor's Journey with Prof. Luke Kachersky and Pop-A-Shot VP Nick Gonzalez
- Time for the Sports Industry to Fight Antisemitism
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- Welcome to the Sports Business Podcast
- Should USA Gymnastics Have Signed with Nike?
- Where is College Sports Headed? The Evolution of NCAA Amateurism to NIL Rights
- The Future of the Olympics: A Conversation with Olympics Expert Richard Perelman
- Do Transgender Women Have a Competitive Edge? A Study by the American Academy of Sports Medicine
- Athletes and Taxes, Part I: A Discussion with Tax Expert Robert Raiola
- Athletes and Taxes, Part II: The Ohtani Case with Tax Expert Robert Raiola
- Content Streaming and Social Engagement: A Conversation with Greg Butler, CEO of ZuCasa
- The Valieva Case is Finally Put to Rest (Well, Not Exactly)
- The NCAA at a Crossroads: A Death Knell or a New Beginning?
- Immersive Technology and Sports: A Conversation with James Giglio, Founder of MVP Interactive
- The NCAA Settlement is Not the End of the Fight for College Sports
- Doping in Sports - A Different Perspective: A Conversation with Alexander Hutchison, Ph.D.
- Contracting with FIFA: We Know Who Has the Leverage
For More Information
Please contact Professor Mark Conrad, Director, Sports Business Initiative: [email protected] or [email protected]