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Washington and Lee Law Review Online

Journal

2015

Title IX

Articles 1 - 2 of 2

Full-Text Articles in Law

College Sports And The Antitrust Analysis Of Mystique, Sherman Clark Jan 2015

College Sports And The Antitrust Analysis Of Mystique, Sherman Clark

Washington and Lee Law Review Online

In this response to Marc Edelman’s Article, The District Court Decision in O’Bannon v. National Collegiate Athletic Association: A Small Step Forward for College-Athlete Rights, and a Gateway for Far Grander Change, 71 WASH. & LEE L. REV. 2319 (2014), I highlight a set of conceptual issues that must be confronted if courts are to craft a coherent and stable body of law governing the NCAA’s treatment of student-athletes. First, the value of the product at issue here—college sports—is intimately connected with the nature of the labor used to create it. Second, the nature of that value is …


The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow Jan 2015

The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow

Washington and Lee Law Review Online

The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players—as opposed to non-revenue-generating sports—and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for—indeed, it almost seemed to invite—future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete compensation. In this regard, the court’s incremental step …