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6 Legal Issues Collegiate Athletics 1 (2004-2005)

handle is hein.journals/lica6 and id is 1 raw text is: Volume 6, Issue 1 tl 4A.4'C1 1Route To: __// oL A A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics NCAA Academic Committee Plots Recommendations....... P2 NCAA News.. ..........P3 Professor Says NCAA's fractions, Enforcement rocess IS Broken........... P5 NCAA's Top Lawyer Talks Amateurism, Bloom ........P 7 Hiring Smart Helps MSU Dodge a Sanctions Bullet............P 7 GA. Cheerleading Coach Seeks Re-instatement.......... P9 Attorney: Coach's Case Helped by Dr's Settlement...........P9 Former Players Sue Western New Mexico U.... ....P 10 Fans Ejected for Not Sitting at Football Game...............P 10 Lawyers Leverage NCAA's Ruling against UW.............P 12 Texas Supreme Court To Consider Yeo Eligibility Case A little over a year ago, a Texas court of appeals created a loophole in the NCAA's eligibility rules, at least in Texas, when it found that a student-athlete at the University of Texas at Austin had a liberty and a property interest in competing in the NCAA championships, which trumped the NCAA's determination that she was ineligible. This January, the NCAA hopes to close that loophole when the Texas Supreme Court hears a multi-faceted appeal of that decision. This time, the NCAA, which was denied an opportunity to intervene by the lower courts, was granted an opportunity to defend its rules. Previously, UT was an unwilling defendant, forced to protect the association's interests or face the wrath of NCAA Bylaw 19.7, which allows the association to punish its members with sanctions and other penalties if they abide by a local court and allow a student-athlete, who has been deemed ineligible by the NCAA, to compete anyway. Yeo's property interests, as identified by the court of appeals, centered on her considerable reputation in her native Singapore, which she has represented frequently on the international athletics stage. Had the trial court Conitnued on page 2 A federal judge in the Southern District of New York has denied a plaintiff's motion for summary judgment in a case where the plaintiff, the organizer of the post-season National Invitational Tournament, claimed that the NCAA violates antitrust laws with its requirement that member schools must participate, if invited, Digitized from Best Copy Available in the NCAA Dl Men's Basketball Championship Tournament. The key determination in the case was the court's decision to review the NCAA's Commitment to Participate rule under the rule of reason and not the per se analysis, which the plaintiff had sought. Conitnued on page 8 Federal Court Opts for Rule of Reason Analysis in MBIA-NCAA Antitrust Case November 2004

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