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Court Justice

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The last editions of EA Sports' NCAA Football and Basketball games came out in 2013, and the enormously popular series may never be renewed. Why? The primary reason is a lawsuit, O'Bannon v. NCAA, in which the courts essentially held that if the NCAA is going to sell and profit from the images of current and former athletes, it needs to compensate them for doing so. But the NCAA's rules around amateurism bar compensation beyond college scholarships and some cost-of-attendance support, so the games have ceased production. It's more complicated than that, but that's basically the situation. And in Court Justice, lead plaintiff Ed O'Bannon, former tells his side of the story, both in regards to the lawsuit itself, and his life as an athlete.

I am very interested in the lawsuit and the workings of college athletics in generally, but I am not at all interested in Ed O'Bannon (who I'd literally never heard of before I became aware of the lawsuit), so I'd been hoping for an emphasis on the legal part rather than his college and career. That was probably naive on my part...O'Bannon (with co-writer Michael McCann), not a lawyer or other broader expert, is the author, so it's naturally strongly focused on his experience. And I don't know if he himself did a lot of the writing or it was an editorial decision to keep the finished product as close to his own words as possible, but either way it doesn't quite work: the writing quality here is weak.

The entire book is basically framed through a device in which O'Bannon recounts a stage of the lawsuit, then (usually clumsily) segues into an anecdote from his life. This is not particularly effective, as the narratives feel disconnected and neither builds up much momentum. O'Bannon is unfamiliar with the legal system and it shows: he takes things like the NCAA lawyers trying to trip him up in deposition personally, when the reality is that that's how litigation works. He feels like the higher level federal courts are for "the elite" because they're in fancier buildings. His perspective as an outsider adds precious little to an understanding of the mechanics and legally successful arguments of the case.

What it does do well is force one to consider the perspectives of the athletes, and how very real the feelings of exploitation are when you're barely able to scrape together enough to have the basics while watching coaching salaries explode and facilities become ever-more luxurious. Someone is doing the labor that makes the system profitable, and it's not the people who are the sole profiteers. When you add in the racial dynamics (overwhelmingly white athletics administrative and authority structure, overwhelmingly black athletes in the revenue sports), there's another dimension to the unfairness. O'Bannon touches on this, but never really develops it and that's honestly frustrating. There's a really interesting examination of the issue of compensation for college athletes (I personally support the Olympic model, in which athletes would be able to seek outside endorsements), but this book isn't it. Unless you've got a deep and abiding interest in Ed O'Bannon and a high tolerance for poor-quality prose, I'd avoid it.

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Starting with the images from a video game, Ed O’Bannon decided to take on the National Collegiate Athletic Association (NCAA) in court, arguing that current and former college athletes should be compensated for the use of their likenesses. The course that this lawsuit takes, as well as O’Bannon’s life and career as it relates to the case, is captured in this book that is a must-read for fans of college sports and readers interested in this case.

The book takes the reader through the case, starting with the motivation of the lawsuit, through the discovery and testimony of several NCAA officials, the verdict rendered by the judge and the aftermath. Through it all, O’Bannon shares stories from his college life as well as basketball, his frustration through his NBA career and the successful career he has had since leaving basketball.

The overwhelming point made throughout the book was that the NCAA has been exploiting college athletes by generating billions of dollars through their activity and their images and likenesses. Not just during the actual games, but O’Bannon uses examples like jerseys, promotional material and press releases to add to his point. He also refutes those who believe that athletes are compensated because they receive scholarships and therefore have no grievance. He believes that these athletes, especially those who came from poverty, can’t afford a “normal” college life (something the NCAA continuously tries to illustrate), athletes are not guaranteed sufficient medical care should they suffer injuries and that because many athletes have to spend up to 50 hours a week on athletic-related activities they don’t get to obtain the true educational experience.

There is also one other inconsistency with the NCAA that O’Bannon mentions with athletes being able to speak to “advisors”, usually meaning agents and the professional drafts. If a college hockey or baseball player speaks to an “advisor”, he is not subjected to his NCAA eligibility being revoked. Nor is it in danger if he is drafted by a professional baseball or hockey team – as long as he doesn’t sign a contract, he can still play at the college level in his sport. These are not afforded to football or basketball players (both men and women in the latter) because in order to retain eligibility, a player who is considering being eligible for the draft must withdraw before the day of the draft and cannot have contact with any outside “advisor.” While stopping short of calling the NCAA a racist organization, he does make the reader think because college hockey and baseball players are mostly white whereas college football and basketball players are mostly black.

Inconsistencies like this are at the crux of O’Bannon’s case and the reader will be captivated with his account of the trial, his life and how the NCAA needs to undergo serious changes. O’Bannon ends the book with twelve suggestions he has for this last point and the reader will be left hoping that something can be done for these athletes to be fairly compensated for the hard work they do for the schools and NCAA.

I wish to thank Diversion Publishing for providing a copy of the book via NetGalley in exchange for an honest review.

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COURT JUSTICE by Ed O'Bannon with Michael McCann is subtitled "The Inside Story of My Battle Against the NCAA." In this non-fiction work, O'Bannon describes his decision to participate in a class action suit and seek compensation for the use of his image after seeing himself and his UCLA teammates portrayed in a video game. I know that this book, which is written in a simple conversational tone, will interest those students who are passionate about paying student athletes and protecting their rights. For me, COURT JUSTICE is a unique twist on that issue and an appealing read as it details O'Bannon's efforts to stand on principle and fight for fairness for college athletes. He also includes a section with a dozen recommendations and ideas for reform. In this season of the Olympics and its own rather distorted view of "amateurism," it seems especially appropriate to spend some time reading and reflecting on COURT JUSTICE.

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Ed O'Bannon may be remembered as a basketball player who did more for the sport off the court than on it - and he was very good on it.

O'Bannon is still fondly remembered in the Los Angeles area for leading UCLA to a national championship in 1995. It's the Bruins' only such win since John Wooden grabbed 10 of them in the sport's greatest dynasty.

After an NBA and European ball career, O'Bannon settled in as a staff member at a car dealership outside of Las Vegas. One of his friends pointed out that the friend's child was playing a video game - and O'Bannon's image was part of the game since the '95 UCLA team could be used as one of the teams. O'Bannon was excited at first, but then he wondered how the game could use his image with his permission or without compensation.

That led to a lawsuit, which turned into a class action filing on behalf of past and present NCAA athletes. His name will always be attached to the action, which eventually led to a clear legal victory in the case and some changes in the way the NCAA does business. Now O'Bannon gets to tell the story of the case, as well as what happened in the rest of his life, in "Court Justice."

O'Bannon won his initial case and then won an appeal that changed the terms of the damages somewhat, although the overall impact for the moment is somewhat limited for some complicated reasons. Still, athletes are receiving funds connected from video-game sales, and you can bet that more battles are coming now that the NCAA is subject to anti-trust laws in this area.

This is an interesting story that will be remembered down the road, but it's tough to say that O'Bannon is the best person to tell it. He was told going in that the case would go on for years (it did) and he wouldn't see much compensation (he didn't), but went ahead with it anyway because he wanted to right a wrong. More power to him for that. But while O'Bannon obviously learned a lot about the legalities involved, it's clear that he was something of an on-looker. O'Bannon brings along Sports Illustrated legal analyst Michael McCann for help here, and the implications of the case are discussed. But it's really difficult to turn anti-trust cases into "beach reading."

O'Bannon does make some contributions along the way, though. His personal story is instructive in some areas. For example, the NCAA has a rule that says student-athletes are supposed to spend only 20 hours per week on their sport. It's a nice idea, but unrealistic. In these days of teams in the same conference being spread out across the country, it's difficult to stick to anything close to that 20-hour guideline - which means that the job of student and the job of athlete are both full-time jobs. That's why students are essentially told to take less-than-demanding majors so that they have adequate time for sports. It happened to O'Bannon's sister.

O'Bannon's own story has some merits too. He came out of UCLA as a lottery pick by the New Jersey Nets, which did major improvements to his bank account. But he bounced around the NBA, never finding the right spot for a couple of years. O'Bannon ended up in Europe, where he played for several more years, but certainly his career didn't followed the forecast.

O'Bannon and McCann finish with a dozen ideas to improve the system. The subjects are covered at length and worth the consideration of someone in authority. The thoughts on the drafting of college players by professional leagues are particularly interesting. It would be interesting to know what might happen if NBA and NFL changed its rules to follow the NHL mode for eligibility. In hockey, when a player is drafted at 18, he can still go to college and play there while the team retains his rights. In basketball and hockey, once players declare their eligibility for the draft, they become the equivalent of radioactive to colleges and can't return even if they aren't drafted. That's quite a waste of talent, considering several players wash out quickly.

Sometimes it's difficult to fans to consider the big-picture issues in sports, because they are complex with several interfering factors. "Court Justice" is naturally one-sided in its arguments, and it's frequently on the dry side. That makes it hardly for everyone, but it's relatively quick and gets to the point. Those seeking information on the landmark case will find it educational.

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Fascinating story and something I never took time to think about

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I really wanted to like this book. I fondly remembered Ed O'Bannon from his playing days and nominally followed his lawsuit against the NCAA.

I'm afraid this book didn't add anything to that appreciation with it's leaden sports & courtroom analogies and the involvement of Sonny Vaccaro who, at best, is a creep with correct opinions on the NCAA. I'm happy for the verdict in this case but I don't know if this book is the place to look for more insight.

Like Ed O's basketball career this book made a splash in my Kindle from the publisher via Net Galley, then fizzled out. This ebook also now sells Toyotas in Las Vegas.

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COURT JUSTICE by Ed O'Bannon and Michael McCann is the recounting of the class action filed by O'Bannon against the NCAA, which challenges the use of college athletes likenesses and identities without compensation. The NCAA contended that college athletes are students and "amateurs" and therefore are not allowed to be paid, by them or anyone else. O'Bannon and McCann walk the reader through the case, while also explaining other faults in college athletics. O'Bannon's basketball career is also reviewed and the reader sees through O'Bannon's collegiate days some of the faults in the system as well.
The case itself is very complex, with lots of nuances and complicated arguments throughout, but the authors do an excellent job of breaking down each part and explaining those parts as simply as they can. Chronically the book jumps around a bit, from the beginning of the trail, to near the end, to the pre-trail filing, but done in a logical way to properly explain the entire timeline and how it evolved. O'Bannon's life experiences are used throughout to emphasize different points in the case and at the same time reading many of his stories were entertaining and kept the book from getting too heavy. That balance of fun and complex was done quite well and kptp the courtroom details from becoming too exhausting to read. O'Bannon personal opinions on much of the matter are interspersed in the book and towards the end, O'Bannon writes a list of changes he would like to see in college sports that he thinks will make life better for the athletes without losing the quality of collegiate sports.
Well-crafted from beginning to end, COURT JUSTICE does an excellent job of presenting O'Bannon's side of the court case and also delving into what life is like for a college athlete. I certainly had misconceptions about the court case, but after reading this book, I don't see how anyone wouldn't understand what the case was really about: fairness.

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This case is the tip of the iceberg for the battle on the hypocrisy of NCAA amateurism and protecting the rights of collegiate athletes. Whether if you are familiar with the legal proceedings or not, this book is a must read because you are given a behind the scenes exploration of O'Bannon's battle with the NCAA over the use of player's likenesses. The reader will learn O'Bannon's motivations for joining the lawsuit and how he felt throughout the process. As an outsider, you might have formed an opinion when you heard a recap of the day's testimony in court, but now you have access to what the primary plaintiff and his legal team felt about each witness and how their testimony strengthened or weakened their case. Inserting some insight into O'Bannon's personal life helps humanize O'Bannon for the reader and gives perspective of why he was motivated to fight the NCAA, even when there were adverse effects on his livelihood. Adding in the story of how Jerry Tarkanian recruited O'Bannon, and treated he fairly while being pursued by the NCAA was another great example of how this book successfully creates victims to the tyrannical regime of the NCAA.

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A fascinating look at the battle one man has waged against an out of control monolith, the NCAA. Rooting for David in the showdown with Goliath!

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