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2018 Wis. L. Rev. Forward 1 (2018)

handle is hein.journals/wlron2018 and id is 1 raw text is: THEY'RE WATCHING YOU: HOW THE NCAA INFRINGES ON THE FREEDOM OF FAMILIES GOLDBURN P. MAYNARD JR. * Introduction .............1............................. I. The NCAA and Sumptuary Laws .................. ........4 II. Family Surveillance ..................................6 Conclusion: Looking the Other Way ........... ............. 11 [M/any of these laws served to inscribe and police social boundaries. Consumption was monitored, but so was assumption. It was not only that those of a lower status should not adorn themselves with the clothes or accoutrements of their betters; it was also that, by so clothing themselves, those of the lower classes would not assume the status of their betters. -Bennet I. Capers INTRODUCTION Not to pile on, but for a high visibility organization, the National Collegiate Athletic Association (NCAA) is truly unique in what it continues to get away with. The Association is so bold that it has normalized behavior that was deemed anachronistic centuries ago.2 As March Madness fades from memory and the NFL draft looms on the horizon, it seems as good a time as any to remind ourselves of the many ways in which the NCAA is based on deeply troubling foundations. Sometimes by focusing on the low hanging fruit we miss some of the more bothersome and egregious injustices of the college system that disproportionately disfavors those who are most talented, poor, and of color. This Essay argues that the NCAA's surveillance of the family and enforcement of its rules amount to a sumptuary restraint on the families of * I would like to thank my former Dean, Susan Duncan, and my current Dean, Colin Crawford, for supporting this research. James Russell provided invaluable research assistance. I also owe enormous gratitude to Bridget Crawford and Adrienne Davis for their careful readings and insightful comments. 1. Bennet I. Capers, Cross Dressing and the Criminal, 20 YALEL.J. 1, 7 (2008). 2. It is not lost on me that I'm a professor at a school currently suffering sanctions. Fortunately, the NCAA has made itself so unpopular that no one should suspect that there is a causal connection between the two.

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