Two of the three Ninth Circuit judges also vacated a more substantial remedy imposed earlier in the litigation by U.S. District Judge Claudia Wilken. In 2014, Judge Wilken ruled that colleges must reward mens basketball and football players up to $5,000 per year while they are in school for the use of their names, images and likenesses, with payment made after they graduate. This idea encountered problems for several reasons, including that it was never clear why $5,000 and not $1,000, $10,000, $100,000 or some other number was the appropriate cap or, for that matter, why any fixed cap was appropriate under antitrust lawan area of law that promotes competition. To the disappointment of some, the Ninth Circuits ruling ensures that a payment system wont be implanted. As a result, the NCAAs controversial system of amateurism largely remains in place. Moving forward: Jenkins v. NCAA moves to the forefront Had the Supreme Court taken the OBannon case, the justices could have provided some degree of closure as to whether and how college athletes should be compensated for the commercial use of their names, images and likenesses. The Court might have also provided guidance on how altering compensation rules would intereact with Title IX, a federal law that, among other things, requires that male and female college athletes be treated equally. Instead, the debate will go on. Along those lines, the Ninth Circuits decision in OBannon can be used as favorable precedent for other legal challenges to NCAA amateurism rules.
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The NTSB also hasn’t been able to extract a recorder from the forward-facing video camera in the train’s mangled first car, Dinh-Zarr said. She said the wreckage cannot be safely entered yet because it is under a collapsed section of the station’s roof. Investigators were also reviewing security video from the station, setting out to inspect the nearby tracks, and gathering records on the crew members’ training, scheduling and health, Dinh-Zarr said. The engineer, conductor and brakeman “have been very cooperative,” she said. Gallagher, 48, a NJ Transit engineer for about 18 years, was pulled from the wreckage, treated at a hospital and released. Authorities have given no details on his injuries. “The one thing we know for sure is that the train came into the station too fast. Why that is, we don’t know,” New Jersey Gov. Chris Christie said. “Was it error by the engineer? Did he have some type of medical emergency or circumstance that rendered him unable to control the train?
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