Sign In
Not register? Register Now!
Pages:
6 pages/β‰ˆ1650 words
Sources:
No Sources
Style:
MLA
Subject:
Literature & Language
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 21.6
Topic:

Sports Law: Alston vs NCAA

Case Study Instructions:

As we complete the final week of our course we enter the most interesting and challenging topics - Labor Law and Antitrust. These issues are at the forefront of current news as MLB announced a lockout just last week. In addition, the 2020 Supreme Court decision in Alston v. NCAA (attached) announced a major change in the rules governing compensation for student athletes. That decision was a product of many years of litigation and a series of court decisions (essentially emanating from the O'Bannon v NCAA lawsuit, as explained in the Alston decision).
The text for this week is from the Wong book which will provide you with a background and overview of the major principles. However, to get current, you will need to be understand Alston and how it changes prior law.
The other assigned case is the decision of the United States Court of Appeals for the Second Circuit in Clarett v. NFL. Although this remains good law to date, this body of law could change as well. In fact, the lower court decision found for Clarett.
For your final assignment, please complete an analysis of the Alston decision and its implications. Your analysis should begin with a summary of the decision and its reasoning to demonstrate you understand the Court's holding and the reasoning the Court provided for making this material change. Any time a court changes current law it is very important to understand that Court's reasoning. The court also addresses the preceding decisions. Your final paper should demonstrate an understanding of how the Court justified its change. Next, you should apply the reasoning in Alston to consider the future implications for college sports. How will this decision affect current athletes? What can or will they be able to do with their names, images and likenesses? In addition, you should address the questions of whether this decision indicates that college athletes are likely to be entitled to payment for their play (states why or why not and explain your reasoning). Please think about and consider other possible issues that you think may arise as a result of the Alston case and address those in your paper.
Please note that your final paper should also address whether you think the Supreme Court would change the Clarett decision if the case was brought again today. In other words, applying the reasoning of Alston as the governing law, you should state how you believe the Court would hold if the Clarrett issue was raised again now and you should explain why the Court would or would not find for Clarett by explaining your reasoning to show your understanding. Please note there is no right or wrong answer to this question - we cannot know for sure what the Court would do if this questions was brought again today. The important thing for you to do is to explain your conclusion by showing your understanding of the Alston decision.

Case Study Sample Content Preview:
Student’s Name
Professor’s Name
Course
Date
Sports Law Final Paper
Alston v. NCAA Case
Summary of the Decision
The Alston case was a unanimous decision in which the Supreme Court upheld a ruling by the United States Court of Appeal for the Ninth Circuit, which resulted in the striking down of the NCAA caps on student-athlete academic benefits based on the antitrust grounds. The decision overturned the traditionally unfair practice of the “no-pay for play.” The decision put the NCAA into a new reality. The capitalistic tendencies that the NCAA operated on, which upheld the status quo of restricting the student-athlete compensation, were no longer applicable.
Justice Gorsuch reasons that refusing to compensate the activities under the guise that the events were education-related amounted to a violation of the Sherman Act, which bars any “contract, combination, or conspiracy in restraint of trade or commerce.” The case had been brought before the court to challenge NCAA’s restrictions on student compensation. The plaintiffs argued that the NCAA was acting unfairly by restricting their compensation based on the virtue of them being students. NCAA was tasked with justifying its policy of not compensating the students. The NCAA, on its part, argued that the student-athlete program was unique and that the participants were armatures rather than professionals. The NCAA hoped that the court would utilize the antitrust difference and sought support from the 1984 NCAA v. Board of Regents.
The court rejected NCAA’s argument, noting that in NCAA’s reference case, the Board of Regents was not applicable to the questions of athlete compensation and also noted that the commentary of the decision that NCAA enjoys “ample latitude” under the federal antitrust law was only a pronouncement that did not warrant NCAA protection against the antitrust scrutiny. More specifically, the Court noted that the NCAA did not provide any economic analysis that would prove that the consumer market for college sports would suffer if the teenage athletes were compensated for their participation in the sports. The court noted that instead, the Alston plaintiffs sufficiently proved that the college sports popularity had increased significantly when the colleges allocated more allowances for sports. NCAA’s argument that the sports fans would stop attending the games or be hesitant to support college sports when the schools introduced a program to support the athletes was insufficient to sway the judges.
Justice Kavanagh provided a more elaborate ruling, in which he told the NCAA that it should appreciate the fact that the Court delivered a lenient decision for the organization. The judge argued that NCAA’s restrictions were comparable to a restaurant that cut the wages of its cooks because its customers prefer eating meals prepared by low-paid cooks. According to the judge, the NCCAA’s business model would be “… flatly illegal in almost any other industry in America.”
Meaning of the Ruling
The court’s ruling means that schools should begin finding ways to compensate their students who participate in sports events. Schools will have to re...
Updated on
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:

πŸ‘€ Other Visitors are Viewing These MLA Case Study Samples:

HIRE A WRITER FROM $11.95 / PAGE
ORDER WITH 15% DISCOUNT!