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38 S. Tex. L. Rev. 1081 (1997)
Pay for Play for College Athletes: Now, More than Ever

handle is hein.journals/stexlr38 and id is 1093 raw text is: PAY FOR PLAY FOR COLLEGE ATHLETES:
Now, MORE THAN EVER
C. PETER GOPLERUD III*
I.  INTRODUCTION  ..........................................  1081
II. INTERCOLLEGIATE ATHLETICS AND COMMERCIALISM .. 1083
A. Overview of the NCAA and Relevant Regulations... 1083
B. Commercialism in Collegiate Athletics .............. 1087
C.  The  Proposal  .......................................  1089
III. LEGAL ISSUES WHICH ARISE FROM THE PROPOSAL .... 1089
A.  Antitrust Questions ..................................  1089
B. Workers' Compensation Issues ...................... 1094
C. Other Legal Issues Arising From the Proposal ...... 1100
1.  Gender  Equity  ..................................  1100
2.  Labor Law   Issues ...............................  1100
3.  Taxation  Issues ..................................  1102
IV. PRACTICAL FINANCIAL CONCERNS AND WHY IT WON'T
HAPPEN OVERNIGHT .................................... 1102
I. INTRODUCTION
Imagine a large group of employees in a company working long
hours, some of them far from home, going to school full-time, and
helping bring in millions of dollars to their employer. Does this sound
like a sweat shop making Reeboks or Kathy Lee Gifford clothing?
Actually, this describes the typical athlete in a revenue producing
sport at a National Collegiate Athletic Association (NCAA) member
institution.
Approximately one year ago this author wrote an article advocat-
ing a change in the Constitution and Bylaws of the NCAA to provide
for the payment of stipends to some athletes at some of its member
* Dean and Professor of Law, Drake University Law School. The general concept
and several portions of this article were originally published in C. Peter Goplerud, Stipends
for Collegiate Athletes: A Philosophical Spin on a Controversial Proposal, 5 KAN. J.L. &
PUB. POL'Y 125 (1996). The author gratefully acknowledges the permission granted by the
Kansas Journal of Law & Public Policy to use significant portions of the earlier article in
this article.

1081

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