See, e.b‪.‬ Ed Bank

Last month, U.S. Senators Booker, Moran, and Blumenthal published a discussion of draft of legislation that would create a regime to govern name, image, and likeness (NIL) deals college athletes enter with third parties.

But there is so much more to it. Colleges and its athletic departments will serve a key role in facilitating awareness among its student athletes of their rights under what's now titled the College Athletes Protection and Compensation Act (CAPCA).

Here, I analyze the draft and try to offer what this means for colleges, athletic departments, student athletes, agents, and third parties.

Links to other coverage and the draft:
Student Athletes Get Scammed in NIL Deals, Bloomberg Law Podcast (for context giving rise to this discussion)Press release from Sen. Booker’s OfficeSteve Henson, Senators release draft of bill addressing NIL reform in college sports, Los Angeles Times (July 20, 2023)Olafimihan Oshin, Senators announce push to reform college athletics, The Hill (July 20, 2023)CAPCA Discussion Draft (as of July 2023)The 1-page summary from Senators Blumenthal, Moran, and BookerNicole Auerbach, Draft of new bipartisan NIL bill calls for central oversight entity to enforce rules, The Athletic (July 20, 2023)

I live to say I finished my second year of law school! Here I'll go into the triumphs and tragedies of this year and the lessons I learned along the way.

I also share what I'm up to this summer as well as what I may be looking forward to next year.

Finally, I share some reflections on my law school experience for those heading into their 1L years soon.

Greenwashing has become the focus of many legal complaints in the last few years and a concern among executives as they try to go about E.S.G. initiatives.

Here, I describe what greenwashing is and why it's a problem. Then I explore its prevalence particularly in the fashion industry before offering what some governments and regulatory agencies are doing to cut back on greenwashing cases. I conclude with my own suggestions on how the U.S. should address the issue here and offer to consumers resources to better inform themselves as we await reform and clarity.

Links to resources:
Remake
Good on You
Ecolabel Index
CFDA Materials Index

Earlier this week, President Joe Biden issued his first veto on legislation that passed Congress that would nullify a rule adopted by the Department of Labor to permit retirement fiduciaries to consider environmental, social, governance (E.S.G.) factors in investment decisions.

Here, I explain what that rule is but more so what E.S.G.s are and why investors are using them.

I then survey the pushback on E.S.G. use to show that conservatives are not only skeptical but so are more progressive members of Biden's administration and agency leadership.

Though it remains to be determined if E.S.G. initiatives are the way of the future, I conclude with some brief insight into how the conversation should not be whether to allow such considerations but how to make them more efficient and reliable.

I'm through my 2L fall semester which marks the halfway point through law school. It was challenging and tested my endurance but I live to tell the tale.

Here I talk through how I prepared for finals, my thoughts on the courses I took this past semester, how finals season pretty much just sucker punched me, and a little side plot involving GrubHub and my dinner delivery.

As always, enjoy, you're welcome.

The 2L year is still ... yes. But here I indicate a sign of life to say things are well and how I've been balancing the load from school with my personal life and interests.