Entertainment, Arts, and Sports Law Commons^™

Applying The Non-Profit Duty Of Obedience In Litigation: Penn State, Paterno, Student-Athletes, & The Ncaa, Joseph M. Long

Joseph M Long

The fiduciary duty of obedience standard for non-profit leaders may offer a means to either externally challenge or internally refocus the decision-making of the NCAA leadership. The duty of obedience standard, as a tool in litigation, has been infrequently used. Nevertheless, a duty of obedience claim, if brought by the proper party, can complement or enhance an antitrust claim. As this paper will show, NCAA antitrust arguments often consider whether the NCAA has promoted amateur intercollegiate athletic competition. These arguments focus upon the NCAA’s mission statement and purpose. Since the mission statement is already a component of the antitrust litigation, …