Responding to the Perversion of In Loco Parentis: Using a Nonprofit Organization to Support Student Athletes

75 Pages Posted: 11 Nov 2013 Last revised: 9 Apr 2014

See all articles by W. Burlette Carter

W. Burlette Carter

George Washington University Law School

Date Written: 2002

Abstract

The article examines the history of the regulation of student athletes playing intercollegiate athletics through the lens of the in loco parentis doctrine. It argues that the doctrine has been abandoned in the larger college and university context, but continues to survive in the intercollegiate arena. Part I investigates the role of the in loco parentis doctrine in early college and university life. Part II discusses the general demise of the doctrine in the 1960s and 1970s and the resulting expansion of freedoms that came to college and university students. Part III demonstrates how the doctrine is reflected in modern NCAA policy. Finally, Part IV argues for reduced judicial deference to educational institutions on matters related to student athlete welfare and the possibility of utilizing a nonprofit organization, or several, to protect student-athlete rights.

Keywords: in loco parentis, NCAA, sports law, student-athlete

JEL Classification: K00, K3, K39, L3, L5

Suggested Citation

Carter, W. Burlette, Responding to the Perversion of In Loco Parentis: Using a Nonprofit Organization to Support Student Athletes (2002). 35 Indiana Law Review 851-924 (2002), GWU Legal Studies Research Paper No. 2013-130, GWU Law School Public Law Research Paper No. 2013-130, Available at SSRN: https://ssrn.com/abstract=2351561 or http://dx.doi.org/10.2139/ssrn.2351561

W. Burlette Carter (Contact Author)

George Washington University Law School ( email )

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202.994.5654 (Fax)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=1722

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