Whats Left After National Collegiate Athletic Association v. Tarkanian?
The purpose of this article is to examine whether college students should be entitled to constitutional due process before being deprived of their athletic eligibility. Contrary to the Supreme Court’s holding in Tarkanian, the author contends that traditional arguments in support of constitutional protection for college athletes are still compelling. In assessing Tarkanian and other cases impacting this issue, the author will discuss some inconsistencies between court opinions and the realities of big time college sports. These inconsistencies ultimately disadvantage athletes and buttress the NCAA’s unbridled regulatory authority over intercollegiate athletics. For example, courts have tended to temper their discussion about the unfairness of NCAA procedures or rulings with the notion that members are always free to withdraw: that there are alternatives to the NCAA. Although this position is technically accurate because institutions are free to resign from the NCAA, it is inconsistent
The purpose of this article is to examine whether college students should be entitled to constitutional due process before being deprived of their athletic eligibility. Contrary to the Supreme Court’s holding in Tarkanian, the author contends that traditional arguments in support of constitutional protection for college athletes are still compelling. In assessing Tarkanian and other cases impacting this issue, the author will discuss some inconsistencies between court opinions and the realities of big time college sports. These inconsistencies ultimately disadvantage athletes and buttress the NCAA’s unbridled regulatory authority over intercollegiate athletics. For example, courts have tended to temper their discussion about the unfairness of NCAA procedures or rulings with the notion that members are always free to withdraw: that there are alternatives to the NCAA. Although this position is technically accurate because institutions are free to resign from the NCAA, it is inconsistent
