On November 15, 2018, Kan Nawaday and Stephen Salsbury published "NCAA Corruption And The 'Right To Control' Theory" in Law360. Here is an excerpt:
Last month, a federal jury in New York convicted three individuals — two marketers from a sports apparel company and one sports agent — of federal wire fraud for paying highly sought-after high school basketball recruits to attend universities including the University of Louisville. The crux of the government's theory was that the defendants had defrauded the universities by paying the recruits in exchange for the recruits' agreement to play basketball there. Lawyers and sports fans who have not been following the case might ask: How were the universities defrauded or harmed? Didn't this conduct help the universities by assuring them talented athletes?