Friday, August 29, 2014
Jonathan Strom (J.D./M.B.A. Candidate, Texas Tech University School of Law, May 2015) recently published a comment entitled, Putting Our Trust in the National Collegiate Athletic Association (NCAA): How Creating Trusts for Student-Athletes Can Save the NCAA From Itself, Estate Planning and Community Property Law Journal, Vol. 6 Bk. 2, Summer 2014. Provided below is an excerpt from the introduction of the comment:
“[A]mateurism is not a moral issue; [rather,] it is an economic camouflage for monopoly practice.” This is a harsh reality for the current state of college athletics. Finding the proper balance between maintaining amateurism status and compensating student-athletes is becoming a more controversial issue, with players like Johnny Manziel and Jadeveon Clowney brining in millions of dollars in revenue for their respective schools. Recent lawsuits have forces the National Collegiate Athletic Association (NCAA) to go into full defense mode, in hopes to maintain its current status quo.
This Comment addresses the recent issues facing the NCAA; specifically, it discusses the concern surrounding the O’Bannon lawsuit and its impact on player compensation. The O’Bannon lawsuit pertains to the use of student-athletes’ likeness in video games and massive television contracts for profit. Pulitzer Prize winner Taylor Branch ardently argues for compensating student-athletes. Branch asserts that student-athletes deserve compensation apart from college scholarships. Clearly, NCAA change is imminent whether it comes through restructuring or through the court system.
This comment presents a proposal for implementing trusts for student-athletes that will address the issue of compensation. The proposal for the creation of trusts for student-athletes allows the NCAA to address the issue of compensation and still maintain its core objectives. . . .