ADV 378S Lecture Notes - Lecture 8: A.D. Vision

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10 May 2016
ADV 378 Feb 22:
O’Bannon Vs. NCAA
oTo date, court have decided:
NCAA rule that athletes can’t make money on their likeness constitutes
restraint of trade
NCAA rules subject to the Sherman Anti Trust Act
Proposed judicial remedy of holding 5,000 per player per year in trust for
payment after graduation was not appropriate but paying the cost of
attendance is
Rulings have upheld the NCAA’s defense of amateurism but opened all
other practices up to much greater legal scrutiny based on anti trust
oPromote intercollegiate athletics, national championships, maintain standards of
fair play
oAthletics as an integral part of the educational program, athlete as part of
student body
oNot a governmental agency, allows for considerable latitude in enforcement
oExecutive committee (University Presidents)
oEach divison has a board of directors
oAdvisory board, multiple committees
Primary NCAA Rules
No pay in that sport
No compensation from pro sports
Cannot play for free in pro sports
Cannot contract with a tea,
Some exceptions allow draft eligibility and return
No agents
Relatives/friends cannot accept benefits from agents
Cannot use legal advisors to negotiate once drafted
No offers of financial aid, loans, etc.
How many visits to recruits?
How many Telephone calls
Sponsored visits to colleges
Contact, evaluation, quiet, and dead periods
oAcademic Requirements
Enrolled in a full-time program
Be in good academic standing
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