This comment examines the NCAA's rules and regulations of student-athletes and explores the possibility that the NCAA's existence, under its current bylaws and manual, is at least immoral and likely unlawful. Additionally, this comment analyzes the idea that the NCAA needs not only internal restructuring but judicial and possibly congressional intervention in order to truly protect young athletes' financial, academic, and basic human interests. Part II of this comment explores the historical development of the NCAA and the current relationship between the NCAA and the student-athlete. Part III discusses the fundamental unfairness in the NCAA's bylaws, which results in the denial of certain rights to student-athletes. Part IV discusses whether student-athletes should be compensated and how compensating student-athletes might help create a fairer system. Part V examines how the NCAA might reform through self-regulation, or more likely, because of government or judicial intervention. Part VI concludes by addressing possible future claims against the NCAA and the means by which reform may come to fruition.
Mary Grace Miller, Comment, The NCAA and the Student-Athlete: Reform is on the Horizon, 46 U. Rich. L. Rev. 1141 (2012).