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Published 2022-03-30

The latest research paper by Michael Fasciale, a 3L who is both Articles Editor of the Seton Hall Law Review and President of the school’s Entertainment and Sports Law Society, has won multiple honors.

Fasciale wrote The Patchwork Problem: A Need for National Uniformity to Ensure an Equitable Playing Field for Student-Athletes’ Name, Image, and Likeness Compensation, as a Comment for the LAW REVIEW. Therein, he describes how inconsistent and gap-ridden state legislation of name, image, and likeness rights for NCAA athletes has given some states an unfair recruiting advantages over others. Fasciale further endorses a federal solution to replace the “patchwork,” which provides uniform legislation to preempt state law and addresses the antitrust issues surrounding the NCAA’s role in collegiate athletics.

Most recently, the paper received a second-place prize in the Louis Jackson Memorial National Student Writing Competition. That annual competition recognizes the best legal writing in the field of labor and employment law among current law students. It is underwritten by Jackson Lewis P.C. in honor of founding partner Louis Jackson, and it is administered by the Martin H. Malin Institute for Law and the Workplace at IIT Chicago-Kent College of Law. The five judges are labor and employment law scholars themselves, and they conduct a doubly anonymous review. Fasciale’s second-place finish earned him a $1,000 prize.

Months earlier, the same paper won the Phil Cowan–Judith Bresler Memorial Scholarship, which is offered by the New York State Bar Association’s Entertainment, Arts and Sports Law (EASL) Section. All submissions to the Scholarship are reviewed by a committee consisting of the Chair of EASL, a rotating group of former EASL Chairs, Section District Representatives, and any other interested member of the EASL Executive Committee. Students at any accredited New York law school, Rutgers Law, Seton Hall Law, and up to ten other accredited law schools, may submit pieces to the competition. As the winner, Fasciale’s paper will be published in the EASL Journal, and he will receive a $2,500 scholarship.

Associate Dean Brian Sheppard, who was Michael’s faculty supervisor in connection with the Comment, said, “We are all very proud of Michael, who is a rising star. This is a wonderful and innovative paper, and it comes at a perfect moment. Michael made my role as supervisor incredibly easy—he really needed no guidance at all!” Dean Boozang echoed the sentiment, adding “We are thrilled to see all your hard work and passion for writing pay off.”

Read The Patchwork Problem: A Need for National Uniformity to Ensure an Equitable Playing Field for Student-Athletes’ Name, Image, and Likeness Compensation here.

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