Litigation Opportunism, or Systemic Change De Jure? The Ongoing Legal War and Impending Crucial Battles that May Change the NCAA…Or Confirm Its Unique Position in the World of Sport
World Sports Law Report, Vol. 7, No. 9, pp. 14-16, 2009
5 Pages Posted: 31 Oct 2009 Last revised: 10 May 2010
Date Written: August 30, 2009
US sport is unlike most of contemporary world sport. The demarcation between professional and amateur sport, on which the National Collegiate Athletic Association (NCAA) is built, is expressed by both major revenue producing sports at the highest level (Division I football and men’s basketball), and most other college sports programs that nowadays are facing severe budget cuts and downsizing. The NCAA remains the largest non-profit, tax exempt, education-based, sport association in America. 1,288 member institutions and conferences over three divisions provide what is generally admired both in the US and overseas as a wonderful opportunity for talented athletes to pursue their education and athletic excellence. At the same time, apparent inequities among the membership, inherent conflicts between the Association’s cornerstone principles, and the need for long-term financial well-being leading to increased commercialization, have been loathed by many. Critics desire protection of the student-athletes, fair treatment considering the revenue these athletes generate, and call for a mass overhaul of the intercollegiate athletics system. This is the environment in which the current legal battles are taking place.
Keywords: Intellectual Property, Antitrust Law, Right of Publicity, Video Games, Amateurism, NCAA, Student athletes
JEL Classification: K00, K10, K19, K20, K21, K29, K30, K39, K40, K41, K49
Suggested Citation: Suggested Citation