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61 Santa Clara L. Rev. 1 (2020-2021)

handle is hein.journals/saclr61 and id is 1 raw text is: THE CHANGING LANDSCAPE OF INTERCOLLEGIATE ATHLETICS-THE NEED TO REVISIT THE NCAA'S NO AGENT RULE John P. Sahl* The National Collegiate Athletic Association (NCAA), the primary governing body for intercollegiate athletics, promulgated its No Agent Rule in 1974 prohibiting advisors of student-athletes from communi- cating and negotiating with professional sports teams. As part of a core principle of amateurism, the NCAA adopted this rule, in part, to deline- ate between professional athletes and student athletes. However, through economic and societal evolution, this policy is antiquated and detrimental to the personal and professional development of college ath- letes. This Article argues in favor of expanding the recent Rice Commis- sion's recommendation, adopted by the NCAA, to grant an exception from the No Agent Rule for Men's Division I elite basketball players to all college sports and levels of competition. The NCAA's landscape for governing college athletics has undergone many recent changes, some of which strengthen the notion that all student-athletes would benefit from earlier access to agent advice and assistance. The Changing Land- scape ofIntercollegiate Athletics-The Need to Revisit the NCAA 's No Agent Rule discusses this need by first detailing the evolution of NCAA governance, followed by an analysis of the Gatto decision and its impact on the Rice Commission's report promoting an exception to the No Agent Rule for Division I Men's elite basketball players. Finally, this article recommends that because of the changed and ever-evolving landscape of college sports, the NCAA should abandon its No Agent Rule in favor of a Modified Agent Rule (MAR). The MAR * The author wishes to thank Professors Joann M. Sahl and Matthew Juravich, and the University of Akron Athletic Director, Lawrence R. Williams, for their helpful insights and comments and Associate Law Librarian Susan M. Altmeyer, and my research assistants, Lind- say Casile, Bridget Brenner, and David Belfiglio for their valuable research, editorial assis- tance, and generous support. 1

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