North Carolina Law Review

University of North Carolina School of Law

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He Shoots, He Scores: An Analysis of O'Bannon v. NCAA on Appeal and the Future of Intercollegiate Athletics

March 26, 2015

93 N.C. L. Rev. Addendum 90 (2015)

 

Intercollegiate athletics has experienced substantial financial gains over the course of the last two decades. During that time, student-athletes have demanded a larger piece of the pie, but the National Collegiate Athletic Association ("NCAA") and its member institutions have refused to adopt policies that would allow for such gains. When legislative changes wane, litigation often spurs change. Ed O'Bannon, a former star men's basketball student-athlete, filed litigation that changed the outlook for student-athletes and provided for limited financial gains. This Article explores O'Bannon v. NCAA, including potential arguments on appeal, and concludes that the O'Bannon opinion does not catastrophically change intercollegiate athletics and Title IX does not prohibit payments to football and men's basketball student-athletes.  

 

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