Law Commons^™

Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller

Dionne L. Koller

The state action doctrine has been criticized for decades. Among the criticisms is that the doctrine as applied will fail to account for changing realities in the exercise of state power. Building on this criticism, this article makes the claim that the state action doctrine’s failure to account for the realities of increased state power in amateur sports has important consequences for the amateur athletes and others who are regulated by ostensibly private organizations such as the National Collegiate Athletic Association (NCAA), the United States Olympic Committee (USOC), and the United States Anti-Doping Agency (USADA). While some commentators previously have …