lege. The NCAA argued that paying its
student athletes would be a violation of
its concept of amateurism in sports, while
O’Bannon, a former basketball star who
played on UCLA’s 1995 National Championship team, argued on behalf of all
Division I men’s football and basketball
players that upon graduation, players
should be compensated if colleges use
their images for commercial purposes.
The court ruled in favor of O’Bannon and
stated that the NCAA rules and bylaws
operate as an unreasonable restraint on
trade in violation of antitrust law. This is
the first step in what may eventually lead
to student athletes being paid a modest
stipend while playing collegiate sports
and, incidentally, making their schools
billions of dollars. 6
The evolution of sports law is no different from any other type of law. It continues to evolve with the changing times
and technology. New rules and court
decisions will be put in place to react to
the need for change when issues arise. If
we have come this far over the last 50
years in sports, it’s hard to imagine what
the business of sports and the laws that
regulate them will look like in another
50 years. NWL
is owner of
tertainment, trademark, bankruptcy,
foreclosure defense, and debt
related issues. He can be reached at
7975, or www.symmeslaw.com.
2. See Josh Luchs, “Confessional of an
Agent,” Sports Illustrated, Oct. 18, 2010.
3. See Nick Schwartz, “The Average Career
Earnings of Athletes Across America Will
Shock You,” USA Today, Oct. 24, 2013.
4. See Hill v. National Collegiate Athletic Association, Board of Trustees of Leland Stanford Junior University (Court of Appeal of
California, USA, 25 September 1990).
5. Miller v. Cave City School (United States
Court of Appeals (8th circuit), 31 March