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The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports
Brian L. PortoTwo Supreme Court decisions, NCAA v. Board of Regents (1984) and NCAA v. Tarkanian (1988), have shaped college sports by permitting the emergence of a supercharged commercial enterprise with high financial stakes for institutions and individuals, while failing to guarantee adequate procedural protections for persons charged with wrongdoing within that enterprise. Brian L. Porto examines the conditions that led to the cases, the reasoning behind the justices' rulings, and the consequences of those rulings.
Arguing that commercialized college sports should be compatible with the goals of higher education and fair to all participants, Porto suggests that the remedy is a federal statute. His proposed College Sports Legal Reform Act would grant the NCAA a limited "educational exemption" from the antitrust laws, enabling it to enhance academic opportunities for athletes. The Act would also afford greater procedural protections to accused parties in NCAA disciplinary proceedings. Porto's prescription for reform in college sports makes a significant contribution to the debate about how best to address perennial problems in college sports such as cost containment, access to a meaningful education for athletes, and fairness in rule enforcement.
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Cover
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Title
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Copyright
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Dedication
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Acknowledgments
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Contents
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Preface
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CHAPTER 1. Antitrust and Distrust of the NCAA: The Current Legal Structure in College Sports
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CHAPTER 2. A Revolt of the “Haves”: The Road to NCAA v. Board of Regents
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CHAPTER 3. Free-Market Football: The Supreme Court Decides NCAA v. Board of Regents
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CHAPTER 4. Thursday Night Games and Millionaire Coaches: The Implications of NCAA v. Board of Regents
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CHAPTER 5. Hunting the Shark: The Road to NCAA v. Tarkanian
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CHAPTER 6. Taming the Shark: The Supreme Court Decides NCAA v. Tarkanian
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CHAPTER 7. What Process Is Due? The Implications of NCAA v. Tarkanian
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CHAPTER 8. Trust Replaces Antitrust: A New Legal Structure for College Sports
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Notes
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Bibliography
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Index
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- 978-0-472-00405-8 (audio download)
- 978-0-472-02809-2 (ebook)
- 978-0-472-11804-5 (hardcover)
- 978-0-472-03545-8 (paper)