6 Legal Issues Collegiate Athletics 1 (2004-2005)

handle is hein.journals/lica6 and id is 1 raw text is: Volume 6, Issue 1


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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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