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The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
Duke Law Journal
The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …
Judgment-Sharing Agreements, Christopher R. Leslie
Judgment-Sharing Agreements, Christopher R. Leslie
Duke Law Journal
Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust violators, this creates the risk of a single defendant being saddled with damages significantly greater than three times the amount of the harm associated with that firm's own market share. Firms engaged in-or accused of-price fixing often try to ameliorate this risk by entering into judgment-sharing agreements, which essentially create a right to contribution through contract. Despite their …