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O'Bannon v. National Collegiate Athletic Association: Why the Ninth Circuit Should Not Block the Floodgates of Change in College Athletics

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Text
TitleInfo
Title
O'Bannon v. National Collegiate Athletic Association: Why the Ninth Circuit Should Not Block the Floodgates of Change in College Athletics
Name (authority = orcid); (authorityURI = http://id.loc.gov/vocabulary/identifiers/orcid.html); (type = personal); (valueURI = http://orcid.org/0000-0001-8494-775X)
NamePart (type = family)
Carrier
NamePart (type = given)
Michael A.
Affiliation
Dean's Office (School of Law-Camden), Rutgers University
Role
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author
Name (type = personal)
NamePart (type = family)
Sagers
NamePart (type = given)
Christopher L.
Affiliation
Cleveland State University Cleveland-Marshall College of Law
Role
RoleTerm (authority = marcrt); (type = text)
author
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NamePart
Dean's Office (School of Law-Camden)
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School of Law-Camden
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Article, Non-refereed
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Version of Record (VoR)
OriginInfo
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2015
Abstract (type = Abstract)
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our strong support for the result at trial. Reversal of Judge Wilken’s comprehensive and thoughtful decision would thwart needed changes just as colleges are beginning to embrace them and would be mistaken as a matter of law. O’Bannon is a correct, justifiable, garden-variety rule-of-reason opinion and should be affirmed by the Ninth Circuit.
Language
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English
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application/pdf
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14 pages
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Citation
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2015
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Washington and Lee Law Review Online
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Journal
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Has part
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299-311
Identifier (type = volume and issue)
71(4)
Reference (type = url)
https://scholarlycommons.law.wlu.edu/wlulr-online/vol71/iss4/6/
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TitleInfo
Title
Carrier, Michael A.
Identifier (type = local)
rucore30244100001
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NjNbRU
Identifier (type = doi)
doi:10.7282/T3DF6VM0
Genre (authority = ExL-Esploro)
Journal Article
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Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
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Copyright protected
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Open
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Permission or license
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Permission or license
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Name
Multiple author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers.Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work.I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others.I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work.By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
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Technical

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Document
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1.4
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2015-03-10T11:30:28
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2018-06-27T14:24:34
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SPDF
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