Since the 1950s, the NCAA’s amateurism shield has served as a stalwart protector in combatting litigation from athletes and coaches within its purview. They have faced many lawsuits since that time, with the overwhelming majority failing. As this comment shows, complaints have been of a wide variety such as antitrust, employment, and state action litigation. The amateurism principle was their defense in each of those situations. But now, many states have recently begun passing legislation that would allow student athletes to obtain compensation, in more ways than one. These statutes are a shot through the heart of the amateurism principle, leaving the NCAA’s authority hanging on by a thread. This comment will analyze the fall out from the proposed statutes and the consequences that will result. It will look at possible options in resolving this dispute and ultimately will come to a conclusion on the best possible resolution for both parties.
Joe Nelson, NCAA Down for The Count? New State Legislation Threatens Collegiate Sports as We Know It, 19 UIC REV. INTELL. PROP. L. 346 (2020)