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2012

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Constitutional Law, Generally

Josephine R Potuto

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Full-Text Articles in Law

The Ncaa State Actor Controversy: Much Ado About Nothing, Josephine R. Potuto Mar 2012

The Ncaa State Actor Controversy: Much Ado About Nothing, Josephine R. Potuto

Josephine R Potuto

THE NCAA AS STATE ACTOR: MUCH ADO ABOUT NOTHING ABSTRACT Josephine (Jo) R. Potuto The fourteenth amendment providess procedural due process, equal protection, and substantive bill of rights protections. It applies to state actors, not private ones. The NCAA is an association of colleges and universities that regulates intercollegiate athletics. It is a private actor. On occasion the Supreme Court has treated private actors as state actors for purposes of the fourteenth amendment. The NCAA is not one of them. There is ongoing discussion whether the NCAA should be treated as a state actor. One side focuses on the NCAA’s …


The Ncaa State Actor Controversy: Much Ado About Nothing, Josephine Potuto Feb 2012

The Ncaa State Actor Controversy: Much Ado About Nothing, Josephine Potuto

Josephine R Potuto

THE NCAA AS STATE ACTOR: MUCH ADO ABOUT NOTHING ABSTRACT Josephine (Jo) R. Potuto The fourteenth amendment affords procedural due process, equal protection, and substantive bill of rights protections. It applies to state actors, not private ones. The NCAA is an association of colleges and universities that regulates intercollegiate athletics. It is a private actor. On occasion the Supreme Court has treated private actors as state actors for purposes of the fourteenth amendment. The NCAA is not one of them. There is ongoing discussion whether the NCAA should be treated as a state actor. One side focuses on the NCAA’s …


The Ncaa As State Actor: Much Ado About Nothing, Josephine Potuto Feb 2012

The Ncaa As State Actor: Much Ado About Nothing, Josephine Potuto

Josephine R Potuto

THE NCAA AS STATE ACTOR: MUCH ADO ABOUT NOTHING ABSTRACT Josephine (Jo) R. Potuto The fourteenth amendment affords procedural due process, equal protection, and substantive bill of rights protections. It applies to state actors, not private ones. The NCAA is an association of colleges and universities that regulates intercollegiate athletics. It is a private actor. On occasion the Supreme Court has treated private actors as state actors for purposes of the fourteenth amendment. The NCAA is not one of them. There is ongoing discussion whether the NCAA should be treated as a state actor. One side focuses on the NCAA’s …