the BigAmateurism monologues

A series of events over the last 18 months—some unforeseeable—have created a perfect storm that will change college sports forever. The NCAA's bait an…
Mar 27th, 2021 | 55:13

8. Judicial Fealty to Amateurism?

In this episode, we look at the federal judiciary's deference to the NCAA's conceptualization of amateurism in suits by athletes challenging the NCAA's/Power's amateurism-based business model. This deference has six components: (1) benign paternalism; (2) the allure of adhering to venerable American traditions and institutional interests; (3) deference to the judgments of values-based, voluntary nonprofit associations; (4) the fear of unintended consequences; (5) decades-long NCAA public relations campaigns for the preservation of the status quo in college sports; and, (6) endorsements of NCAA/Power 5 institutional and financial interests by credible public figures. These principles of values-based deference to the NCAA's/Power 5's interests operate invisibly to restrict the expansion of athletes' rights in antitrust suits. Will the US Supreme Court be influenced by these principles?