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The Emperor's New Clothes: Lifting the NCAA's Veil of Amateurism

52 Pages Posted: 14 Oct 2008  

Amy C. McCormick

Michigan State University College of Law

Robert A. McCormick

Michigan State University College of Law

Date Written: October 9, 2008

Abstract

In The Emperor's New Clothes: Lifting the NCAA's Veil of Amateurism, Professors Amy and Robert McCormick expose a theme common to three areas of law - labor, antitrust, and tax. Each of these laws, in its own way, distinguishes between commercial and amateur activities, regulating the former and exempting the latter. Assuming major college sports to be amateur, these laws have exempted college athletics from regulation, providing them unwarranted shelter. We challenge this assumption by examining in rich detail the profoundly commercial character of the college sports industry. Like the child in the fable who alone revealed the emperor's nakedness, we lift the NCAA's veil of amateurism, exposing the deeply commercial nature of major college sports and calling for the laws' application to them.

Suggested Citation

McCormick, Amy C. and McCormick, Robert A., The Emperor's New Clothes: Lifting the NCAA's Veil of Amateurism (October 9, 2008). San Diego Law Review, Vol. 45, No. 2, 2008; MSU Legal Studies Research Paper No. 06-17. Available at SSRN: https://ssrn.com/abstract=1281648

Amy Christian McCormick (Contact Author)

Michigan State University College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

Robert A. McCormick

Michigan State University College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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