The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports

Bibliography

3. Ibid., 183. 4. Ibid., 229. 5. Ibid., 253. 6. Ibid., 233. Point-shaving is a scheme whereby basketball players, cooperating with gamblers, try to win a game by fewer points than the quoted “point spread.” That is what Richard Perry did in 1978–79. See chapter 2, note 24 for an explanation of point-shaving. 7. Ibid., 1. 8. Jerry Tarkanian and Dan Wetzel, Runnin’ Rebel: Shark Tales of “Extra Bene‹ts,” Frank Sinatra, and Winning It All (Champaign, IL: Sports Publishing, 2006), xv. 9. Christopher V. Carlyle, NCAA Due Process: Its Past and Its Future, 12 Entertainment and Sports Lawyer 10, 10 (Spring 1994). 10. Ibid. 11. Sherry Young, The NCAA Enforcement Program and Due Process: The Case for Internal Reform, 43 Syracuse Law Review 747, 803 (1992). 12. Ibid., 805. 13. 10 F.3d 633 (9th Cir. 1993), cert. denied, 511 U.S. 1033, 114 S.Ct. 1543, 128 L. Ed. 2d 195 (1994). 14. Ibid., 635. 15. Ibid., 638. 16. Ibid. 17. Ibid. 18. Ibid., 639. 19. Ibid. 20. Ibid., 640, citing Southern Paci‹c Co. v. Arizona, 325 U.S. 761, 65 S.Ct. 1515, 89 L. Ed. 1915 (1945). 21. 1994 WL 750585 (N.D. Fla). 22. John Kitchin, The NCAA and Due Process, 5 Kansas Journal of Law and Public Policy 71, 79–80 (Spring 1996). The Illinois statute can be found at 110 Ill. Comp. Stat. §§ 25/1-13, and the Nebraska statute can be found at Neb. Rev. Stat. §§ 851201 –10. 23. NCAA news release, “NCAA and Jerry Tarkanian Agree to Settlement,”April 2, 1998 (on ‹le with the author). 24. Young, The NCAA Enforcement Program and Due Process: The Case for Internal Reform, 43 Syracuse Law Review 747, 814 (1992). 25. Ibid., 817–18. 26. Ibid., 818. 27. Ibid., 817–18. 28. Ibid., 818. 29. “Enforcement Panel Issues Report,” NCAA News, November 4, 1991, 13. 30. Ibid. 31. Ray L. Yasser, James R. McCurdy, C. Peter Goplerud, and Maureen A. Wes228 notes to pages 151–56 ton, Sports Law: Cases and Materials, Sixth Edition (Newark, NJ: Matthew Bender, 2006), 98–99. 32. David Williams, II, Is the Federal Government Suiting Up to Play in the Reform Game? 20 Capital University Law Review 621, 627 (1991). 33. Robin J. Green, Does the NCAA Play Fair? A Due Process Analysis of NCAA Enforcement Regulations, 42 Duke Law Journal 99, 140 (October 1992). 34. LeRoy Pernell, A Commentary on Professor Goplerud’s Article, “NCAA Enforcement Process: A Call for Procedural Fairness,” 20 Capital University Law Review 561, 566 (1991). 35. Williams, Is the Federal Government Suiting Up to Play in the Reform Game? 631. Mr. McMillen was well placed to be a leader in Congress on issues concerning college and professional sports. Before being elected to the House, he had been an AllAmerican basketball player at the University of Maryland and had spent more than a decade playing professionally in the National Basketball Association. In college, he was as good a student as he was a basketball player, and his success in both settings earned him a Rhodes Scholarship to Oxford University after college. 36. Ibid., 632. 37. Ibid., 635. 38. Ibid. 39. See NCAA news release, “NCAA and Jerry Tarkanian Agree to Settlement,” April 2, 1998 (on ‹le with the author). 40. Ibid., 6. 41. Ibid. 42. Ibid., 7. 43. Ibid., 1. 44. Ibid. 45. 531 U.S. 288. 46. Ibid., 293. 47. Ibid. 48. Ibid. 49. Ibid. 50. Ibid., 294. The district court’s decision can be found at 13 F. Supp.2d 670 (M.D. Tenn. 1998). 51. Ibid. The Sixth Circuit’s decision can be found at 180 F.3d 758 (1999). 52. Ibid., 297. 53. Ibid. 54. Ibid., 299. 55. Ibid., 300. 56. 382 U.S. 296, 86 S.Ct. 486 (1966). 57. 382 U.S. at 299. 58. Brentwood Academy v. Tennessee Secondary School Athletic Association, 531 U.S. 288, 302 (2001). notes to pages 156–59 229 59. Ibid., 305. 60. Ibid., 312. 61. Kadence Otto and Kristal Stippich, Revisiting Tarkanian: The Entwinement and Interdependence of the NCAA and State Universities and Colleges 20 Years Later, 18 Journal of Legal Aspects of Sport 243, 245–246 (Summer 2008). 62. The commentary previously cited points to Cohane v. NCAA, 215 Fed. Appx. 13, 2007 WL 247710 (C.A.2 (N.Y .)), as evidence to the contrary. In Cohane, the appellate court reversed part of a...