Law Commons^™

On March 17, 2014, The Pacific Legal Foundation and Cato Institute cited and prominently featured the recent article, “Off the Board: NCAA v. Christie Challenges Congress to ‘Move the Line’ on the Professional and Amateur Sports Protection Act,” 118 PENN. ST. L. REV. 375 (2013), in the body of their amici curiae brief to the U.S. Supreme Court in support of Petitioners in Christie v. NCAA et al. (Petition denied.) This article advances the proposition that state governments are both more responsive to the constituencies affected by state-specific policies regarding sports gambling restrictions and more aware of the local conditions …

The National Collegiate Athletic Association should amend Bylaw 15.1 and allow institutions to award athletic scholarship monies up to the institutionally set, estimated cost of attendance. NCAA Bylaw 15.1 limits an individual student-athlete’s athletic scholarships and other financial aid based on athletic ability to the value of a full grant-in-aid. The individual student-athlete scholarship limit is an arbitrary price cap and an unreasonable restraint on trade in violation of Section 1 of the Sherman Act because it prevents student-athletes from receiving financial aid up to the institutionally set, estimated cost of attendance, which includes the additional expenses an institution deems …

The National Collegiate Athletic Association’s current enforcement system and sanctioning process against member institutions that violate the NCAA’s Bylaws punishes prospective and current student athletes for infractions committed by student athletes, coaches, or administrators no longer associated with the institution. This article reviews the injustices committed against prospective and current student athletes, as well as student athletes’ inability to challenge punishments the NCAA levies against them. The NCAA’s Committee on Infractions should increase its consideration of the current student athletes’ welfare at violating institutions before implementing penalties. This article provides recommendations for the NCAA Committee on Infractions that would enable …