ADV 378S Lecture Notes - Lecture 8: A.D. Vision
Document Summary
O"bannon vs. ncaa: to 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 issues. Ncaa: promote intercollegiate athletics, national championships, maintain standards of fair play, athletics as an integral part of the educational program, athlete as part of student body, not a governmental agency, allows for considerable latitude in enforcement. Governance: executive committee (university presidents, each divison has a board of directors, advisory board, multiple committees. Cannot play for free in pro sports. Some exceptions allow draft eligibility and return: agents. Cannot use legal advisors to negotiate once drafted: recruiting.
