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86 Tul. L. Rev. 933 (2011-2012)

handle is hein.journals/tulr86 and id is 941 raw text is: Radical Reform of Intercollegiate Athletics: Antitrust and Public Policy Implications Stephen E Ross* Univeisities opemting major iterollegiate athletic programs ar heading for if not already in, a cnsis. Corruption continues to affect major football and basketball progrnis, exacerbated by a failure of imagination and wil in ideniymg and deternig corruption, and by a lack of consensus on what constitutes corruption when football and men t basketball stats generate millions ofdollars but cannot enjoy a lifestyle commensurate with many peer students. Curaent levels of spending am nonsustainable at many schools. Even where intercollegiate athletic programs am sustained pninanly by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question why these revenues should subsidize nonrvenue spots at the expense of fimancially pressed classrom activities. Contrary to the NCAA Constitution, major football programs do not operate 'in keeping with prudent management and fiscal pratices. This Essay sets forth an agenda for refor, explains why the agenda refilects sound public policy and analyzes why and how the NCAA can implement the agenda in a manner consistent with the Sherman Antitrust Act. It builds upon four foundational pmnciples: (1) prudently managed self-sustaiig intervollegnate sports am legitimate; (2) ntercollegiate sports programs that are not self-sustaining have no greater claim on the surplus proceeds from the activities of other sports prognns on campus than any other educational progmm offered by the univeisity; (3) the equal opportunity purposes that underlie Title IX should be maintained- and (4) whatever the additional societal benefits that may result from Division Inorevenue sports, they do notjustify the cost of operating those sports, having regard for the societal benefits that can be achieved by operating these sports at the equivalent of an elite club or Division XT level Applying these foundational pnnciples in light of the problems facing intercollegiate athletics, this Essay offers a five-part Charter of Reform for intercollegiate athletics (I) end subsidies for men§ sports at the Division I level; (2) opeate sufficient women t Division I sports to provide female students with sports opportunities equal to male students; (ilZ) offer other sports on an equal basis to male and female students, 1imitedto financial aid only for financial need or academic merit independent of athletic ability with significant restrictions on coachig and travel; (I) allow all scholarshps to be partial or lull and reduce football scholarship totals to fify-five; and (V)permit up to one and one-half scholarships for the most elite athletes. I. INTRODUCTION. ..................................934 II. FOUNDATIONAL PRINCIPLES .........................937 II. THE CHARTER OF REFORM ................................945 * C 2012 Stephen F. Ross. Lewis H. Vovakis Distinguished Faculty Scholar, Professor of Law, and Director, Institute for Sports Law, Policy, and Research, Pennsylvania State University. B.A., J.D., University of California (Berkeley). The author appreciates helpful comments from the Tulane Law School Faculty and Penn State Dickinson School of Law alumni at previous workshop presentations, insightful comments by Deborah Brake, Gabe Feldman, Scott Kretchmar, John Lopatka, and Matt Mitten (none of whom agree with all of the conclusions herein), and research assistance from Skipper Dean, Joseph Buszka, and Eric Crockett. 933

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