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holfresh
Posts: 38679 Alba Posts: 0 Joined: 1/14/2006 Member: #1081 |
![]() http://www.nytimes.com/2015/10/01/sports/obannon-ncaa-case-court-of-appeals-ruling.html?ref=sports&_r=0
A three-judge panel of the Ninth Circuit Court of Appeals upheld on Wednesday a federal judge’s finding last year that the N.C.A.A. “is not above antitrust laws” and that its rules have been too restrictive in maintaining amateurism. But the panel threw out the judge’s proposal that N.C.A.A. members should pay athletes $5,000 per year in deferred compensation, stating that compensation for the cost of attendance was sufficient. “The N.C.A.A. is not above the antitrust laws, and courts cannot and must not shy away from requiring the N.C.A.A. to play by the Sherman Act’s rules,” the three-person panel wrote in what is known as the O’Bannon case. In July, the panel issued a stay on the judge’s order, which was set to go into effect Aug. 1. Chief Judge Sidney R. Thomas filed a separate opinion concurring in upholding the finding that N.C.A.A. rules are subject to antitrust law but dissenting from the finding that struck down the $5,000 cap. Though legally a dispute over antitrust law, the case has come to embody a broader debate about whether college athletes, who ostensibly pursue sports as part of their education, should be compensated for labors that are highly lucrative for their colleges, conferences and the N.C.A.A. The decision along with N.C.A.A. reform, in part prompted by and aimed at heading off lawsuits like this one, has prompted many colleges that field teams in the top football conferences and in Division I men’s basketball to begin setting aside more money to compensate athletes. Those payments potentially raise new questions about competitive balance in college sports, Title IX rules relating to women’s sports and athletic department bottom lines. The tide generally has turned toward the expansion of athletes’ rights, although the N.C.A.A. and colleges still insist their athletes are amateurs and students first. Earlier this year, the five most powerful conferences voted to allow colleges to offer athletes the full cost of attendance, an amount typically several thousand dollars more than previous scholarship limits. Last month, the N.C.A.A. and the college sports establishment won another victory when the National Labor Relations Board overturned a regional director’s finding that Northwestern football players are employees who may unionize under federal labor law. A separate proposed class action filed by the renowned sports lawyer Jeffrey Kessler, which experts see as a far bigger threat to the college sports status quo, seeks to establish a free market for top college athletes. A class certification hearing is scheduled for Thursday afternoon. |
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