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32 J. Legal Aspects Sport 1 (2022)

handle is hein.journals/jlas32 and id is 1 raw text is: Journal of Legal Aspects of Sport, 2022,32,1-61 https:/doi.org/110.18060/24493 ©Sam C. Ehrlich A Three-Tiered Circuit Split: Why the Supreme Court Was Right to Hear NCAA v. Alston Sam C. Ehrlich This article provides a retrospective look at the Supreme Court's decision to review the NCAA v. Alston antitrust litigation by defining and analyzing a three- tiered circuit split that existed in the courts' application of antitrust law to NCAA amateurism regulations. Using mixed-methods citation network analysis review, this article shows wide disarray within the NCAA amateurism discrete citation network by analyzing the doctrinal differences in how three distinct jurisdictional silos applied antitrust law to four broad categories of NCAA rules. As such, this article argues that the Supreme Court was correct to grant certiorari to the Alston petitioners to resolve this circuit split and better define the precedential effect of the much-debated NCAA v. Board ofRegents. Keywords: antitrust law, intercollegiate sports, sports law, Supreme Court Introduction Based on the Ninth Circuit Court of Appeals' definitive opinion in Alston v. NCAA'-and the Supreme Court's unanimous adoption of that opinion2-a reader unfamiliar with the intricacies and history of the treatment of college sports by the antitrust courts would be justified in thinking that courts have been unanimous in their belief that the treatment of college athletes by the National Collegiate Athletic Association (NCAA) is violative of §1 of the Sherman Antitrust Act.3 The Ninth Circuit's almost absolute reliance on O 'Bannon v. 958 F.3d 1239 (9th Cir. 2020). 2 NCAA v. Alston, 594 U.S.___ 141 S. Ct. 2141 (2021). 3 26 Stat. 209, as amended, 15 U.S.C. § 1. Sam Ehrlich, JD, PhD, is an assistant professor of legal studies with the Department of Manage- ment at the Boise State University College of Business of Economics. His research focuses on sports labor relations and the legal governance of sports leagues, specifically through sport-specif- ic antitrust exemptions, athlete fairness in collective bargaining and employment, and tort liability for overseeing athletic organizations. Email: samehrlichraboisestateedu n

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