Reevaulating Amateurism Standards in Men's College Basketball

24 Pages Posted: 31 Oct 2008 Last revised: 17 Nov 2008

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: Summer 2002

Abstract

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student athletes to pursue business opportunities neutral to college budgets; potential revenue sources would include: summer professional leagues, endorsement contracts, and paid-promotional appearances.

Keywords: amateurism, NCAA, antitrust, paying athletes, NCAA deregulation, men's college basketball, sports, sports law, sports economics

Suggested Citation

Edelman, Marc, Reevaulating Amateurism Standards in Men's College Basketball (Summer 2002). University of Michigan Journal of Law Reform, Vol. 35, No. 3, 2002. Available at SSRN: https://ssrn.com/abstract=1292591

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Paper statistics

Downloads
1,257
Rank
11,819
Abstract Views
7,173