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85 Tenn. L. Rev. 661 (2017-2018)
Debunking the NCAA's Myth That Amateurism Conforms with Antitrust Law: A Legal and Statistical Analysis

handle is hein.journals/tenn85 and id is 683 raw text is: DEBUNKING THE NCAA'S MYTH THAT AMATEURISM CONFORMS WITH ANTITRUST LAW: A LEGAL AND STATISTICAL ANALYSIS THOMAS A. BAKER 1II, J.D., PH.D.1 MARc EDELMAN, J.D.2 NICHOLAS M. WATANABE, PH.D.3 INTRODUCTION. ............................................662 I. A BRIEF HISTORY OF COLLEGE SPORTS AND NCAA AMATEURISM RULES ........................ .........663 II. AMATEURISM, ANTITRUST LAW, AND THE DUBIOUS PRO- COMPETITIVE PRESUMPTION .................. ........665 A. An Introduction to Section 1 of the Sherman Act.........665 B. Early Legal Challenges to NCAA Amateurism ............667 C. The Supreme Court's Creation of the Procompetitive Presumption in Board of Regents ................668 D. How Four Federal Circuits Changed a Presumption into an Exemption ...............................670 III. O'BANNON V. NCAA: THE NINTH CIRCUIT CHANGES THE GAME AND SETS THE STAGE FOR EMPIRICAL TESTS OF THE PROCOMPETITIVE PRESUMPTION ........ ...............674 A. The Ninth Circuit Rejects The Quasi-Exemption And The Non-Commercial Activity Defenses ...............674 1. Dr. Thomas A. Baker III (tab3@uga.edu) is a tenured Associate Professor of Sport Law at the International Center for Sport Management (ICSM), University of Georgia. He is also the Editor in Chief for the Journal of Legal Aspects of Sport. Dr. Baker has more than fifty scholarly publications and has written extensively on the influence of law on student-athlete regulations. He thanks his co-authors, Nick Watanabe and Marc Edelman, for their work on this project and recognizes that each of the authors contributed equally to the development of this study and the creation of this article. 2. Professor Marc Edelman (Marc@MarcEdelman.com) is a tenured Professor of Law at the Zicklin School of Business, Baruch College, City University of New York. He is also an adjunct professor at Fordham University School of Law and a columnist for Forbes SportsMoney. Professor Edelman advises numerous businesses on legal issues related to antitrust, gaming, intellectual property, collective bargaining, and sports law. He thanks his co-authors, Thomas A. Baker III and Nick Watanabe, for making this novel and interdisciplinary paper a success. 3. Dr. Nicholas M. Watanabe is an Assistant Professor of Big Data and Analytics in the Department of Sport and Entertainment Management, University of South Carolina. He is currently on the editorial Board for the Journal of Sport Management, Journal of Issues in Intercollegiate Athletics, and Managing Sport and Leisure. He would like to thank his co-authors, Thomas A. Baker III and Marc Edelman, for their wisdom and guidance in working on this research project.

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