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Entertainment, Arts, and Sports Law Commons™
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Full-Text Articles in Entertainment, Arts, and Sports Law
Fair Pay To Play Act: End Of Amateurism?, Isabella Borges
Fair Pay To Play Act: End Of Amateurism?, Isabella Borges
GGU Law Review Blog
The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
Michigan Law Review Online
If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …