Current Issue

Volume 92 · Issue 4


A Regulatory Solution to Better Promote the Educational Values and Economic Sustainability of Intercollegiate Athletics.

by Matthew Mitten and Stephen F. Ross

92 OR. L. REV. 837


The National Collegiate Athletic Association (NCAA) Constitution sets forth the ideals that its member educational institutions are supposed to follow in collectively governing intercollegiate athletics in the United States. [...]

What’s in a Name? The Collegiate Mark, the Collegiate Model, and the Treatment of Student-Athletes

by Josephine (Jo) R. Potuto, William H. Lyons, and Kevin N. Rask

92 OR. L. REV. 879


The amateurism principle has been a mainstay of college athletics, at least since the inception of the National Collegiate Athletic Association (NCAA) in 1906. In its narrowest sense, it means that athletes who are, or have been, paid to play are thereby ineligible to compete in varsity athletic competition. More broadly, it means that student-athletes professionalize themselves if they capitalize financially on their athletic skill or reputation. [...]

Majoring in Infractions: The Evolution of the National Collegiate Athletic Association’s Enforcement Structure

by Timothy Davis and Christopher T. Hairston, Ph.D.

92 OR. L. REV. 979


In August 2011, Mark Emmert, the president of the National Collegiate Athletics Association (NCAA), convened a retreat of fifty college and university presidents of NCAA Division I member institutions. The ostensible goal of the meeting was to examine what President Emmert characterized as the erosion of the public’s trust in intercollegiate athletics. [...]

The Future of Amateurism After Antitrust Scrutiny: Why a Win for the Plaintiffs in the NCAA Student-Athlete Name & Likeness Licensing Litigation Will Not Lead to the Demise of College Sports

by Marc Edelman

92 OR. L. REV. 1019


On June 21, 2009, twelve former Division I student-athletes filed an antitrust complaint against the National Collegiate Athletic Association (“NCAA”) alleging that the NCAA rules that prevent student-athletes from controlling the commercial rights to their names and likenesses violate Section 1 of the Sherman Act. [...]

New Rules for an Old Game: Recent Changes to the NCAA Enforcement Process and Some Suggestions for the Future

by Brian L. Porto

92 OR. L. REV. 1057


The ancient Greek philosopher Heraclitus of Ephesus famously stated: “Nothing endures but change.” Presumably, Heraclitus did not have the NCAA enforcement process in mind when he uttered those words. Still, his words capture the Association’s repeated attempts during the past several decades to tweak that much-maligned process in response to the complaints of its members and the critiques of outside commentators [...]

The Next Labor Market in College Sports

by Jeffrey Standen

92 OR. L. REV. 1093


The 1956 publication of Simon Rottenberg’s The Baseball Players’ Labor Market began the serious academic study of sports. This insightful article is brimming with ideas and spurred a generation of economic analysis. It is also a startlingly prescient, if un-cited, prelude to Ronald Coase’s subsequent work that gained great traction in the legal academy. Coase’s article became the most cited journal article in the history of legal scholarship and earned its author the Nobel Prize in Economics. [...]

Sickle Cell Screening of College Athletes: Legal Obligations Fulfilled, Moral Obligations Lacking

by Susan L. Smith, Ph.D. and Miriam Shuchman, M.D.

92 OR. L. REV. 1127


In 2010, the National Collegiate Athletic Association (NCAA) implemented a policy requiring all NCAA Division I athletes to be screened for the genetic condition sickle cell trait, an inherited condition that has been linked in athletes to exertional heat illness and exertional collapse, which are potentially fatal medical emergencies. [...]