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Sports Law, Law & Policy, Name Image Likeness Northern Kentucky Law Review Sports Law, Law & Policy, Name Image Likeness Northern Kentucky Law Review

WHEN THE CLOCK RUNS OUT: THE NCAA’S New 5-FOR-5 RULE 

Just weeks before the 2026–27 collegiate athletic season began, programs were finalizing rosters under an eligibility framework that remained under review by a federal appellate court. Known as the “5-for-5” rule, the new framework was formally adopted by the Division I Cabinet on June 23, 2026, replacing the traditional enrollment-based eligibility clock with an age-based model. Despite its goal of simplifying eligibility, the new rule has left courts with the power to decide when a student-athlete’s college career ends.

Photo by Memories on 35mm from Unsplash.

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Administrative Law, Sports Law, Legal Ethics Northern Kentucky Law Review Administrative Law, Sports Law, Legal Ethics Northern Kentucky Law Review

THE RECUSAL DILEMMA: BALANCING IMPARTIALITY AND PRACTICALITY IN MODERN COURTS

Recently, there have been two interesting cases of judicial recusals, both related to college athletics. First, Duke University sued its former quarterback, Darian Mensah, to prevent him from entering the transfer portal, after Mensah had previously agreed to return to Duke. The judge in the case, Durham County Superior Court Judge Michael O’Foghludha, denied Duke’s request for a temporary restraining order, then recused himself. O’Foghludha is a Duke basketball season-ticket holder, and thus a booster according to NCAA rules. The second case concerned Charles Bediako, a former University of Alabama basketball player who is seeking to return to the team after having been an NBA draft pick. The judge in Bediako’s case voluntarily recused himself, after a motion for recusal was submitted by the NCAA. Tuscaloosa Circuit Court Judge James Roberts is listed as a donor on the Crimson Tide Foundation’s website. His replacement, Judge Daniel Pruet, is another Alabama graduate. Pruet is also overseeing the murder case of former Alabama basketball player Darius Miles. These situations raise questions about the nature of judicial recusal, and how much of a conflict of interest is necessary for recusal to occur. This post will suggest that the practical considerations surrounding recusal generally outweigh any actual impartiality that is present.

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