Home > Journals > St. John's Law Review > Vol. 98 > No. 2
Document Type
Article
Abstract
(Excerpt)
Part I of this Article discusses the current landscape of college sports, discussing why the NCAA has sought federal litigation to better control the industry and what legislative efforts are underway to potentially grant those wishes. Part II then reviews case law that defines the contours of the private non-delegation doctrine, focusing on the Amtrak litigation and National HBPA and how those two strings of cases place NCAA-related legislative efforts in constitutional peril. Part III will then closely review the currently proposed legislation that would, if passed, grant regulatory power to the NCAA or a new private entity, discussing similarities and differences in motive, structure, and the historical contexts to the regulatory schemes previously struck down for being violative of private non-delegation principles alongside basic due process rights—especially given that universities are arguably market competitors to the athletes they would regulate. Finally, the Article will conclude by discussing the impact the focused level of government oversight necessary to pass a constitutional federal bill granting legislative regulatory power to college sports, how that bill would change the NCAA and college sports more generally, and whether such changes are even worth it considering the goals and interests of the college sports industrial complex.
