NIL and NFTs Collide: LSU’s Expeditious Embrace

by Marina M. Speligene

Introduction

Name, image, and likeness (NIL) rights and non-fungible tokens (NFTs) are two separate but related topics that have attracted a great deal of attention in the last year, especially in the world of collegiate and professional athletics. Collegiate sports first witnessed the collision of these ostensibly distinct concepts following a June 30, 2021, National Collegiate Athletic Association (NCAA) decision that opened the door for student-athletes to take advantage of name, image, and likeness opportunities—business ventures that would have previously stripped them of their NCAA eligibility.[1] The NCAA’s new policy instructs that all NIL activity be consistent with the law of the state where the college is located or, in the absence or interim of operative state law, the school’s NIL policy.[2] As of today, more than half of states have enacted NIL laws, Louisiana included.[3]

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“Let Me Get This Right . . . I’ll Be Paid Just Because I Play for LSU?” The Potential Issues of Louisiana’s Name, Image, or Likeness Legislation

by Austin Pottorff

Introduction

In 2019, LSU football experienced an unprecedented national championship season, led by star quarterback Joe Burrow.[1] Burrow became a college football icon, winning numerous awards,[2] breaking multiple records,[3] and leading LSU to a historic, undefeated season.[4] Burrow’s accolades made his name a very valuable brand across not only Louisiana, but the entire United States. In fact, sports economist David Berri determined that Burrow’s worth to LSU was over $3.8 million during the 2019 season alone.[5] Despite Burrow’s worth to LSU, he was unable to profit off of his fame and recognition while he was a student-athlete. This outcome was a result of the National Collegiate Athletic Association’s (NCAA) longstanding policy of forbidding collegiate athletes from profiting off their name, image, or likeness (NIL).[6]

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Kindergarten: The Foundation of Education

by Caroline Campagna

Introduction

Louisiana has steadily ranked nearly last in state-education-achievement rankings for childhood education, which includes kindergarten through twelfth grade.[1] In fact, Louisiana public schools are currently ranked 50th in the countryhigh school graduation rate among low-income students, median SAT and ACT scores, and math and reading scores.[2] Alarmingly only about half of kindergarten through third grade students in Louisiana are reading at their grade level.[3] Moreover, around 160,000 Louisiana students in kindergarten through fifth grade cannot read.[4] Because of these concerning statistics, Louisiana legislators are making education a priority within the state.[5] Lawmakers are investing in education by focusing specifically on kindergarten education.[6]

Until the 2022–2023 school year, children in Louisiana were able to avoid kindergarten altogether because the prior law did not require parents to send their children to school until the age of seven.[7] However, kindergarten may no longer be evaded due to the passage of Senate Bill 10.[8] Pursuant to this bill, all children who have reached the age of five will be required to attend kindergarten beginning in the 2022-2023 school year.[9] The bill unanimously passed in the Senate with a vote of 38–0, while the House of Representatives backed the bill with a vote of 70–32.[10] Louisiana Governor John Bel Edwards supported the bill as part of his legislative package, and on June 16, 2021, he signed Act 386, enacting Senate Bill 10 into law.[11]

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Junior Associates Selected for Publication in Volume 83

The Louisiana Law Review Volume 82 Board of Editors is proud to announce the Junior Associates selected for publication in Volume 83. The decision process was extremely difficult this year because of the number of well-written student pieces.

Since 1938, the Louisiana Law Review has served as Louisiana’s flagship legal journal and has become a vibrant forum for scholarship in comparative and civil law topics. The Law Review currently ranks in the top 200 student-edited journals, and among the top 50 journals for the highest number of cases citing to a law review. Louisiana Law Review scholars have been recognized around the world for their contributions to both common and civil law doctrine. Publication with the Louisiana Law Review is an incredible honor, and we congratulate those selected for publication. 

Jack AguillardGetting on Board: Resolving the Louisiana Supreme Court’s International River Decision that Missed the Boat

Eric AlbornOne Buzz: Is a Single Text Message Enough to Confer Article III Standing under the TCPA?

Jennifer BakerExpanding the Bounds of the Public Forum Doctrine for It to Apply in the “Modern Public Square[s]” of Today and Tomorrow

Stephen CoxAbandonment: Focusing on Drafters’ Intent to Answer Who and What Can Prevent Abandonment

Luke Dupré Checks & Balances in the Bayou State: The Constitutional Balance of Power Between the Executive and Legislative Branches During States of Emergency

Tyler FrederickRestoring Balance to an Unbalanced Dynamic: Why the Louisiana Medical Malpractice Act Should Not Determine the Applicability of Interruption of Prescription for Joint Obligors

Andrew HughesConstructing Clearer Policy: Reconsidering Louisiana’s Anti-Indemnity Regime with Regards to Additional Insured Agreements in Public Construction Contracts

Emily MartinArticle III Standing, but Add a Little Bit of 21st Century Spice: How Data Breaches Illuminate the Continuously Contradictory Rulings of the Supreme Court

William MathewsIt Looks Like a Vessel, It Moves Like a Vessel, But It’s Not a Vessel: Revisiting Vessel Status in Louisiana after Caldwell v. St. Charles Gaming Company

Jay Newman Heads You Stay; Tails You Go: Arbitrariness in Asylum Proceedings and How a Slight Procedural Speedbump May Help

Lily PavyMommy Issues: Louisiana’s Gap in Parental Rights for Non-Married Same-Sex Couples

Brooke ReedyUneggspected: Louisiana’s Scrambled Approach to Ownership of Frozen Embryos After Dissolution of Marriage

Jack RuelloInsurgent Intentions: Are Retail Investors on Social Media Subject to Federal Market Manipulation Laws?

Baylee SmithPutting LHEPA Under the Knife: The Implications of the Gross Negligence Standard of Care for Medical Malpractice Actions During COVID-19’s Public Health Emergency

Macy SpencerBuyers Beware: Understanding the Consequence of Intentionally Breaching a Purchase Agreement in a Civil Law Jurisdiction

Fallon VoltolinaUnderstanding Self-Imposed Limitations on the Executive as Meaningful Restrictions on Authorizations for the Use of Military Force

Volume 83 Board Announced!

The Louisiana Law Review Volume 82 Board of Editors is proud to announce the Junior Associates selected to serve on the Volume 83 Board of Editors. The Volume 82 Board received excellent candidates for the Volume 83 Board, and we thank everyone who applied. Serving on the Louisiana Law Review Board of Editors is an incredible honor, and we wish the best of luck to the Volume 82 Board!

Editor-in-Chief

Jennifer Baker

 

Managing Editor

Kimberly Cook

 

Articles Editors

Stephen Cox

Fallon Voltolina 

Production Editors

Baylee Smith

Emily Vest

Online Editor

Maggie Sternberg

Executive Senior Editor

Lily Pavy

 Senior Editors

Eric Alborn

Andrew Hughes

Emily Martin

Will Mathews

Brooke Reedy