The Supreme Court and the NCAA

by Porto, Brian L.

• ISBN13: 9780472118045
• ISBN10: 0472118048
• Format: Hardcover
• Copyright: 2012-01-03
• Publisher: Univ of Michigan Pr

Summary

Two Supreme Court decisions, NCAA v. Board of Regents(1984) and NCAA v. Tarkanian(1988), have shaped college sports by permitting the emergence of a supercharged commercial enterprise with high financial stakes for institutions and individuals, while failing to guarantee adequate procedural protections for persons charged withwrongdoing within that enterprise. Brian L. Porto examines the conditions that led to the cases, the reasoning behind the justices' rulings, and the consequences of those rulings. Arguing that commercialized collegesports should be as compatible with the goals of higher education and fair to all participants as possible, Porto suggests that the remedy is a federal statute. His proposed College Sports Legal Reform Act would grant the NCAA a limited "educational exemption" from the antitrust laws, enabling it to enhance academic opportunities for athletes. The act would also afford greater protections, most notably independent, professional judges, to accused parties in NCAA disciplinary proceedings. ". . . very well written, very thought provoking . . . Porto has done a terrific job of articulating that the Supreme Court's Board of Regents decision in 1984 greatly accelerated the commercialization of major college football . . ." --Gary R. Roberts, Indiana University School of Law-Indianapolis

Table of Contents

Preface	p. xi
Antitrust and Distrust of the NCAA: The Current Legal Structure in College Sports	p. 1
A Revolt of the "Haves": The Road to NCAA v. Board of Regents	p. 25
Free-Market Football: The Supreme Court Decides NCAA v. Board of Regents	p. 49
Thursday Night Games and Millionaire Coaches: The Implications of NCAA v. Board of Regents	p. 73
Hunting the Shark: The Road to NCAA v. Tarkanian	p. 100
Taming the Shark: The Supreme Court Decides NCAA v. Tarkanian	p. 127
What Process Is Due? The Implications of NCAA v. Tarkanian	p. 151
Trust Replaces Antitrust: A New Legal Structure for College Sports	p. 178
Notes	p. 197
Bibliography	p. 237
Index	p. 245
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