The Emperor's New Clothes: Lifting the NCAA's Veil of Amateurism

The purpose of this Article is to lift the veil of amateurism from the face of the college sports industry and to document its deeply commercial character. Because the college sports industry is thoroughly commercial and not, as the NCAA contends, an amateur enterprise, NCAA Division I college athletic programs should be subject to laws that apply to other commercial activities. Part I of this Article will identify three areas of law-labor, antitrust, and tax-in which regulation depends upon the characterization of an activity as commercial rather than amateur. Part II will document the thoroughly commercial nature of major college athletics, thereby lifting the veil of amateurism in which the NCAA seeks to enshroud itself.

The Article concludes that because major college sports enterprises are not amateur, they should be subject to the application and scrutiny of the laws we examine here, and, no doubt, to others as well.