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

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       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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