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7 Marq. Sports L. J. 257 (1996-1997)
College Athletes: What is Fair Compensation

handle is hein.journals/mqslr7 and id is 265 raw text is: COLLEGE ATHLETES: WHAT IS FAIR COMPENSATION? ERIc J. SoBoCINSKI* I. INTRODUCTION This article analyzes the current state of college athletics, considering its commercialization and exploitation of the student-athlete. It presents various proposed reforms, including the National Collegiate Athletic As- sociation's (NCAA) increased academic requirements, and addresses whether student-athletes should be reclassified as employees. Finally, this article develops a strategic reform for college athletics designed to compel colleges and universities to complete their mission to educate. A. The Current State of Intercollegiate Athletics Although it seems that the American public only recently became aware of the scandal and commercialization surrounding college ath- letics, controversy has existed ever since the first intercollegiate event took place in the United States.' The Boston, Concord & Montreal Railroad sponsored a crew race that pitted Harvard against Yale in Au- gust, 1852, on Lake Winnepesaukee, New Hampshire.2 The railroad en- ticed the two schools to join in the event by promising them lavish prizes and unlimited alcohol.'3 Surprisingly, the victorious Harvard * B.A., 1991, J.D., 1995, Villanova University. President, CoreSports Management, Ltd., located in Chapel Hill, North Carolina. 1. It is widely accepted that the first intercollegiate event was a crew race on Lake Winne- pesaukee, New Hampshire, on August 3, 1852. FRANcis X. DEALY, JR., WIN AT ANY COST. THE SELL OUr OF COLLEGE Ami-Encs 56 (1990)(tracing corruption of intercollegiate athlet- ics and the compromising of its basic tenets of amateurism and wholesomeness). The next sport involving intercollegiate competition was baseball in 1859, with a game between Am- herst and Williams. See Joanna Davenport, From Crew to Commercialism-The Paradox of Sport in Higher Education, in SPORT AND HIGHER EDUCATION 5-7 (Donald Chu et al. eds., 1985). In 1859, Princeton and Rutgers competed in the first intercollegiate football game. Timothy Davis, An Absence of Good Faithv Defining A University's Educational Obligation to Student-Athletes, 28 Hous. L. REv. 748-749 n.35 (1991) [hereinafter Davis I](asserting that universities owe a duty to educate student-athletes based on contract theory). After 1870, intercollegiate athletics grew along with the formal codification and governing body. Id. 2. DEALEY, supra note 1, at 56. The Boston, Concord & Montreal Railroad promoted this intercollegiate event as a means of attracting more people to use the railroad. It was successful for the railroad, as more than a thousand people showed up that day. Id. 3. Id.

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