New Law Review Article: The NCAA's 'Death Penalty' Sanction -- Reasonable Self-Governance or an Illegal Group Boycott In Disguise?

Just in advance of the NCAA's upcoming antitrust trial, I am delighted to share my newest law review article entitled "The NCAA's 'Death Penalty' Sanction -- Reasonable Self-Governance or an Illegal Group Boycott in Disguise."

The article examines why the NCAA “death penalty,” although arguably benevolent in its intent, undermines the core principles of federal antitrust law. Part I of this Article discusses the history of college athletics, the NCAA, and the “death penalty” sanction. Part II provides an introduction to section 1 of the Sherman Act and its application to the conduct of both private trade associations and the NCAA. Part III explains why a future challenge to the NCAA “death penalty” could logically lead to a court’s conclusion that the “death penalty” violates section 1 of the Sherman Act. Finally, Part IV explains why Congress should not legislate a special antitrust exemption to insulate the NCAA “death penalty” from antitrust law’s jurisdiction.

This article will be published in the Spring 2014 edition of Lewis & Clark Law Review.