The Supreme Court and the NCAA
The Case for Less Commercialism and More Due Process in College Sports
Porto identifies the Court’s role in shaping college sports and advances a prescription for reform
Description
Two 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.
Brian Porto is Professor of Law at Vermont Law School and a lawyer in private practice.
Reviews
"An excellent book."
- Greg Tyler
—The Sport Digest
"Porto's suggestions for improvement (e.g., revamping NCAA enforcement procedures and applying the administrative model to the NCAA) are persuasive."
- D. Yalof
—D. Yalof, Choice
"The issues of parity and fairness in intercollegiate athletics deserve more attention in higher education literature, and Porto should be commended for the thoroughness in which he examines these issues."
- The Review of Higher Education
—Joy Blanchard, The Review of Higher Education
News, Reviews, Interviews
Listen | Interview on NPR's Only a Game | 2/18/2012