Vol. LII No. 2

Foreword | The NCAA at 100: Perspectives on its Past, Present, and Future

On October 15, 2010, with the help of our sponsor Ropes & Gray, Boston College Law School and the Boston College Law Review held an all-day symposium that examined some of the legal issues raised by the NCAA’s growth. The program featured a lunchtime panel during which Roy Kramer, former SEC Commissioner and founder of […]

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The NCAA as Regulator, Litigant, and State Actor

Abstract: As a general matter, the Constitution limits the government but not the private sector. Known as the “state action” doctrine, the idea that constitutional constraints apply only when public entities are primarily or substantially involved has been developed by the U.S. Supreme Court in scores of cases. This Article argues that the fundamental inadequacy […]

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The Feminist Case for the NCAA’s Recognition of Competitive Cheer as an Emerging Sport for Women

Abstract: This Article examines whether a university can count opportunities in competitive cheer to demonstrate compliance with Title IX. A federal court in Connecticut recently considered this question for the first time. Although it held that the sport as it currently exists is not sufficiently similar to other varsity sports to qualify for Title IX […]

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Hurricane Warning Flag for Olympic Sports: Compliance Practices in Biediger v. Quinnipiac University Signal a Risk to Women’s and Men’s Olympic Sports

Abstract: The NCAA has had an uneven and sometimes rugged history in its relationship with the role and advancement of women in athletics. To its credit, the organization has shifted from being a perpetuator of outmoded stereotypes to being an effective advocate for Title IX, most notably during the Bush administration. Title IX scuffles have […]

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Sports Merchandizing, Publicity Rights, and the Missing Role of the Sports Fan

Abstract: Sports fans play a tremendously important role in the success and popularity of sports teams and the enterprise of sports in general. It is somewhat curious, then, that fan interests are almost entirely missing from discussions about certain important legal issues that have a direct impact on them. Specifically, fan interests play a surprisingly […]

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Antitrust, Governance, and Postseason College Football

Abstract: This Article examines the compatibility of the Bowl Championship Series (BCS) with federal antitrust law and the appropriateness of the federal government using its formal and informal powers to encourage a new format for postseason college football. The Article begins by examining the legality of the BCS under sections 1 and 2 of the […]

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NCAA Sanctions: Assigning Blame Where it Belongs

Abstract: Success in a major intercollegiate athletic program, particularly a National Collegiate Athletic Association (NCAA) Division I national championship, can translate into millions of dollars and immense pride for the players, coaches, alumni, fans, and university. It can also be a determinative factor in a highly recruited high school student-athlete’s program selection decision. In this […]

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Early Scholarship Offers and the NCAA

Abstract: Over the last few years, many NCAA Division I universities have begun offering athletic scholarships to progressively younger student-athletes. Both student-athletes and institutions have much to gain from early informal athletic scholarships. This Article argues, however, that the costs of these early scholarships outweigh the benefits for both student-athletes and institutions. Although the NCAA […]

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The First Amendement and New Media: Video Games as Protected Speech and the Implications for the Right of Publicity

Abstract: Over the past four decades, video games have evolved from the niche market of arcade halls to a multibillion dollar home entertainment industry. At the same time, video games also advanced technologically from relatively simple forms of entertainment to a rich medium capable of communicating ideas and information. This Note discusses the possibility that […]

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Making the Jurors the “Experts”: the Case for Eyewitness Identification Jury Instructions

Abstract: Although courts and scholars have long recognized the weaknesses of eyewitness testimony, the legal system has yet to find a satisfactory mechanism for educating jurors—who are generally unaware of the complex psychological processes that affect eyewitness accuracy—about the inherent fallibility of such testimony. Many scholars argue that the best option is to allow an […]

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