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Monday, January 16, 2012
Brian Porto's new book: The Supreme Court and the NCAA

Vermont Law School Professor and Sports Law Institute Deputy Director Brian Porto's new book, "The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports," was recently published by the University of Michigan Press.

Two U.S. 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.

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.


I know the answer to my question could be found in the new book, but could you please explain to me, briefly, how this law will insure fair education for athletes? Is this law specifically targeting the unfair, but common practice of exploiting athletes? One article I have read ( actually discussed the topic of schools exploiting athletes for their athletic talents, but ignoring the fact that college also means getting an education. This a serious problem in college sports, so is this law meant to fix this problem.

Anonymous Anonymous -- 1/19/2012 1:44 AM  

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