Posted: March 9th, 2023
WEEK 2 REQUIRED READING
Sports Law: Governance and Regulation (College Edition)
· Chapter 2, “NCAA Internal Governance of Intercollegiate Athletics and Legal Limits,” (pp. 53–73, 82–93) The rising financial profit for colleges involved in competitive athletics has spawned increased regulation of intercollegiate sports. I have selected these pages in your course text because they focus on the most prominent of these regulatory bodies, the National Collegiate Athletic Association (NCAA). As you read, note the extent of the NCAA’s regulations as well as the limitations on the NCAA’s authority. The authors also explain how and why the NCAA has increasingly faced antitrust litigation.
Online Articles
· Attorney Jeffrey Kessler Files Suit vs. NCAA, Five Richest Conferences Should college athletes be paid a share of the revenue produced by their sport teams? I have selected this article because the author explains attorney Jeffrey Kessler’s position in his suit against the NCAA to obtain financial compensation for college athletes.
· O’Bannon vs. NCAA: A complete analysis before the trial Legal cases in sport have the potential to have a significant impact on the sport industry. I have selected this article because author Michael McCann explains the facts of one such case: Ed O’Bannon v. the NCAA. O’Bannon sued the NCAA regarding the commercial use of college athletes’ names, images, and likenesses. McCann explains possible outcomes of the case and their repercussions for the sport industry.
· Street and Smith’s Sports Business Journal Michael McCann explains the U.S. district judge’s decision to rule in favor of O’Bannon in his suit against the NCAA. McCann considers how the decision may affect college athletes, the NCAA, and future cases.
· What Ed O’Bannon’s Victory Over the NCAA Means Moving Forward This article by author Michael McCann explains the U.S. district judge’s decision to rule in favor of O’Bannon in his suit against the NCAA. McCann considers how the decision may affect college athletes, the NCAA, and future cases.
Discussion B: Paying College Athletes
The O’Bannon and Jenkins cases seek to pay college athletes beyond the current scholarships they receive, but in very different ways.
· How do the plaintiffs in each case want college athletes to be compensated beyond their scholarships?
· Do you believe that college athletes should be paid beyond a cost of attendance scholarship? Why or why not?
· What legal hurdles might the plaintiffs have to overcome to get what they want in each case?
Post a 200-word explanation of the methods by which the plaintiffs in the O’Bannon and Jenkins cases seek to allow NCAA athletes to be paid beyond a cost of attendance scholarship.
· Explain whether you believe that college athletes should be paid beyond a cost of attendance scholarship.
· Support for your position that includes references to sports law.
PLEASE ANSWER ALL QUESTIONS AND CITE SOURCES PROPERLY
SOLUTION
In Chapter 2 of “Sports Law: Governance and Regulation,” the focus is on the NCAA and its internal governance of intercollegiate athletics. The chapter explains the extent of the NCAA’s regulations and the limitations on its authority. The authors also explore how and why the NCAA has increasingly faced antitrust litigation due to the rising financial profit for colleges involved in competitive athletics.
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