Conference-Employees and Student-Athletes: A Proposal for Rescuing College Sports from Antitrust Law
Introduction Antitrust law has won.[1] The National College Athletic Association (NCAA)[2] has lost.[3] Or so it seems with the settlement in the House[4] case, which provides for revenue sharing between college athletes and their institutions.[5] The NCAA’s long held ideal of the student-athlete is disappearing.[6] For several generations, the NCAA has fought at every turn […]The postConference-Employees and Student-Athletes: A Proposal for Rescuing College Sports from Antitrust Lawappeared first onTexas Law Review.
Introduction Antitrust law has won.[1] The National College Athletic Association (NCAA)[2] has lost.[3] Or so it seems with the settlement in the House[4] case, which provides for revenue sharing between college athletes and their institutions.[5] The NCAA’s long held ideal of the student-athlete is disappearing.[6] For several generations, the NCAA has fought at every turn […]The postConference-Employees and Student-Athletes: A Proposal for Rescuing College Sports from Antitrust Lawappeared first onTexas Law Review.
Executive Summary
The article proposes a novel approach to rescue college sports from antitrust law by redefining the relationship between student-athletes and their institutions. The NCAA's traditional stance on student-athletes is being challenged, and a new framework is needed to address revenue sharing and antitrust concerns. The proposal suggests recognizing student-athletes as conference-employees, which could provide a more equitable distribution of revenue and alleviate antitrust pressures. This approach has significant implications for the future of college sports and the NCAA's role in governing amateur athletics.
Key Points
- ▸ The NCAA's traditional definition of student-athletes is being challenged
- ▸ Revenue sharing between student-athletes and institutions is becoming more prominent
- ▸ Redefining student-athletes as conference-employees could alleviate antitrust concerns
Merits
Innovative Solution
The proposal offers a fresh perspective on addressing antitrust concerns in college sports, providing a potential solution to the NCAA's ongoing struggles.
Demerits
Complexity and Uncertainty
The implementation of such a system would require significant changes to existing laws, regulations, and institutional policies, which could lead to complexity and uncertainty.
Expert Commentary
The article's proposal to redefine student-athletes as conference-employees is a thought-provoking idea that warrants further exploration. By recognizing student-athletes as employees, institutions may be able to provide more equitable compensation and benefits, while also addressing antitrust concerns. However, the implementation of such a system would require careful consideration of labor laws, tax implications, and the potential impact on the NCAA's governance structure. Ultimately, this proposal has the potential to reshape the landscape of college sports and provide a more sustainable model for the future.
Recommendations
- ✓ Conduct further research on the potential implications of recognizing student-athletes as conference-employees
- ✓ Engage in stakeholder discussions to explore the feasibility and potential benefits of such a system
