What’s Your Name Worth? A Discussion on Amateurism, the NCAA, and How Collegiate Athletes Should Get Paid

Abstract

This thesis walks through amateurism in intercollegiate athletics and analyzes cases that have challenged various aspects of the authority of the National Collegiate Athletic Association (NCAA). The NCAA claims amateurism as a “line of demarcation” separating the student-athlete from the professional athlete. Although the NCAA has adopted athletic scholarships, the bylaws regarding the ‘Principle of Amateurism’ prohibit other forms of benefits (that are not otherwise sanctioned by universities such as academic scholarships, financial aid, grants, etc.) particularly concerning athletics such as endorsement deals or professional representation. The NCAA has experienced certain protections for actions perceived as monopolistic and abuses of private organization powers. Due process, anti-trust, and employment classification and rights are the three categories of cases analyzed to expose the NCAA’s dependence on the defense of amateurism and the underlying pressures to make changes sooner rather than later. The proposal at the end of this thesis lays the groundwork for implementing a new bylaw addressing the student-athlete's right to name, image, and likeness use and allowing other means for financial opportunities.