Tuesday, March 25, 2014

Literature Review #4


Porter, David. "Lawsuit seeks to end NCAA's 'unlawful cartel' ." sports.yahoo.com. N.p., 17 Mar 2014. Web. 25 Mar 2014.

This article brings my research paper topic to life. It elaborates on a lawsuit against the NCAA claiming the organization is an "unlawful cartel" making loads of money off collegiate players without paying anything to athletes specifically within the 5 major college conferences. The artcile highlights 4 plaintiffs, all descent college athletes with minimal to no chances of making it professionally, and their pursuit to recieve justice in their eyes.

David Porter is a writer for the Associated Press out of Newark, New Jersey

(2 concepts and ideas from the article)
"The suit also seeks an injunction to stop the NCAA from prohibiting any of its member institutions from negotiating to give or providing compensation to football and basketball players and rejected the argument that the current rules ensure competitive balance."

"And Northwestern University football players are trying to form what would be the first college athletes' union in U.S. history. Attorneys have said the regimented structure of football at the school essentially makes it a business, and the relationship between the school and the players is that of an employer to employees." 

Quotes
"In addition to the NCAA, the lawsuit targets the Southeastern Conference, Atlantic Coast Conference, Pac-12, Big Ten and Big 12, and seeks monetary damages as well as a declaration that the defendants' practices violate federal antitrust laws."

"'This class action is necessary to end the NCAA's unlawful cartel, which is inconsistent with the most fundamental principles of antitrust law.''

"Former UCLA basketball player Ed O'Bannon has led a long-running legal battle against the NCAA over, among other things, the unauthorized use of college athletes' likenesses in video games."

Everything I'm trying to touch upon in my research paper is highlighted through this real life scenario. College athletes are taking action in this situation. My research question deals with student athletes at the college level and their unfair situation which is vehemntly discussed through the lawsuit against the NCAA in this article. This article will only help my case, as I will be able to show college athletes taking a stance towards what's right while reconizing their poor treatment.

Tuesday, March 11, 2014

Research Blog #5

Byers, Walter. Unsportsmanlike Conduct: Exploiting College Athletes. Ann Arbor: The University of Michigan Press, 1995. Print.


Cullen, Francis, Edward Latessa, and Cheryl Jonson. "Assessing the Extent and Sources of NCAA Rule Infractions." . Criminology and Public Policy, 22 Nov 2012. Web. 10 Mar 2014. <http://onlinelibrary.wiley.com.proxy.libraries.rutgers.edu/enhanced/doi/10.1111/j.1745-9133.2012.00840.x/>.


Gouveia, Gordon. "Making a Mountain Out of a Mogul." Vanderbilt Journal of Entertainment Law & Practice. (2003): 22-34. Print.


Hurst, Thomas R. (2000) "Payment of Student-Athletes: Legal & (and) Practical Obstacles,"
Jeffrey S. Moorad Sports Law Journal: Vol. 7: Iss. 1, Article 4. <http://digitalcommons.law.villanova.edu/mslj/vol7/iss1/4>

Porter, David. "Lawsuit seeks to end NCAA's 'unlawful cartel' ." sports.yahoo.com. N.p., 17 Mar 2014. Web. 25 Mar 2014.


Remis, Rob, and Diane Sudia. "Escaping Athlete Agent Statutory Regulation: Loopholes and Constitutional Defectiveness Based on Tri-parte Classification of Athletes." Seton Hall Journal of Sport Law. 9. (1999): n. page. Web. 11 Mar. 2014.



Research Proposal


Topic: That status of a Student Athlete at the college level has always been surrounded by controversy for many years. Despite all the money these athletes generate for their universities, they are ultimately labeled with the title of amateurism preventing them from receiving any extra benefits whatsoever. The athletes are under extremely strict rules that specifically forbids them from talking to agents, signing any endorsement deals, or even something as small as throwing a birthday party and charging guests money to enter the venue. Ironically, all these student athletes are responsible for their universities earning millions of dollars from ticket sales, tv deals, team merchandise, and more, yet they are prohibited from touching any of it. A player cannot even sell a ring they personally won from a college football bowl game, or receive any cash from signing thousands of autographs for memorabilia stores. Despite all the rules, NCAA regulations aren’t treated with much respect due to the increasing amount of infractions that occur regularly on college campuses. Student athletes are constantly accepting extra benefits, talking to agents, and even involved in academic cheating rings. The behavior suggests that a change is needed within the system. It doesn’t take much thought to realize how unfair the NCAA can be towards its student athletes. In today’s society, it’s been stressed through the privatization of universities how money is becoming the centered issue around education. It’s the driving force towards a bright a better future. The players are unfairly not allowed to progress and adapt to these new changes. Universities are raising their tuition, so it makes no sense why student athletes cannot be allowed to earn extra money that they certainly deserve.



Research Question:
How does the NCAA’s treatment of college athletes unfairly depict them as amateur athletes even though they’re surrounded by professional results?


Should college athletes be considered amateurs? Even though they aren’t professional, their system still operates and generates money comparable to professional teams yet they don’t receive any money. Why can’t student athletes accept endorsement deals? Hire or even communicate to agents? Receive any benefits? These players bring in all the attention and buzz surrounding universities. Why not use some of the revenue to compensate top division I schools athletes with extra spending cash. Not only do some of the students desperately need the money, but it would only be fair considering they are unable to accept money from any other source. They drive the TV deals, create demand in school merchandise, generate ticket sales, and more, yet they are treated almost as the unpaid intern. College is suppose to transition young students into adults so why can’t they be treated like adults in college; be allowed to make their own decisions and receive money that they truly deserve and have earned? The strict rules of the NCAA seem to have minimal effects because players are continuing to be caught up with infractions. It doesn’t make sense to keep enforcing these rules when the players seem to have no respect for them because it’s unfair in their eyes.


Theoretical Frames:
I will be using statistical studies to show the lack of respect college athletes have for the NCAA’s unnecessary rules. Labeled as amateurs, student athletes have strict rules against receiving any additional benefits or even communicating with agents among other things. I’m going to detail in the paper how these rules are constantly broken and taken almost as a joke by these athletes. I will further provide statistics about the revenue's generated from various college athletic departments and highlight the amount of money coaches are paid. I want to show how much money is involved within NCAA and among college teams and how it’s ridiculous players cannot earn any.


Research Plan, Case or Additional Questions: Throughout the paper I want to highlight different aspects of the amateur vs student athlete debate. I want to first discuss and highlight all the money made from college sports. I’m gonna provide facts and statistics to show and explain how university's athletic departments are a business within themselves. This will further explain how college athletes are almost represented as the unpaid intern. Next I want to elaborate the amatuer status of these athletes among the business they’re involved with. Connecting those two points together, I want to cite specific examples of NCAA infractions where players tried to make some money off themselves, just like how their schools make money off of them (Reggie Bush, Terrell Pryor, Johnny Manziel examples). I want to continue citing infractions and statistics showing the lack of respect players have the rules. To end research I’m gonna include that this debate has been going on for years now and that change is certainly needed.
Sources:
Byers, Walter. Unsportsmanlike Conduct: Exploiting College Athletes. Ann Arbor: The University of Michigan Press, 1995. Print.


Cullen, Francis, Edward Latessa, and Cheryl Jonson. "Assessing the Extent and Sources of NCAA Rule Infractions." . Criminology and Public Policy, 22 Nov 2012. Web. 10 Mar 2014. <http://onlinelibrary.wiley.com.proxy.libraries.rutgers.edu/enhanced/doi/10.1111/j.1745-9133.2012.00840.x/>.


Gouveia, Gordon. "Making a Mountain Out of a Mogul." Vanderbilt Journal of Entertainment Law & Practice. (2003): 22-34. Print.


Hurst, Thomas R. (2000) "Payment of Student-Athletes: Legal & (and) Practical Obstacles,"
Jeffrey S. Moorad Sports Law Journal: Vol. 7: Iss. 1, Article 4. <http://digitalcommons.law.villanova.edu/mslj/vol7/iss1/4>


Remis, Rob, and Diane Sudia. "Escaping Athlete Agent Statutory Regulation: Loopholes and Constitutional Defectiveness Based on Tri-parte Classification of Athletes." Seton Hall Journal of Sport Law. 9. (1999): n. page. Web. 11 Mar. 2014.

Monday, March 10, 2014

Literature Review Blog #3


Cullen, Francis, Edward Latessa, and Cheryl Jonson. "Assessing the Extent and Sources of NCAA Rule Infractions." . Criminology and Public Policy, 22 Nov 2012. Web. 10 Mar 2014. <http://onlinelibrary.wiley.com.proxy.libraries.rutgers.edu/enhanced/doi/10.1111/j.1745-9133.2012.00840.x/>.

This article highlights all the details surrounding student athlete infractions of NCAA rules. The authors mention several instances of past infractions; some of which don't even seem that bad on the student athlete's part. It further describes all the type of infractions, and elaborates on possible motives of the players for committing these illegal acts. 

All three authors who researched and wrote this article teach at universities. Two of them,  Francis Cullen and Edward Latessa have PhD's and teach at the University of Cincinnati.

Dillman's (1978) total design method—a survey methodology that typically secures high response rates

NCAA rule infractions—“cheating”—are widespread rests on a shaky empirical foundation

"On the other hand, 42.1% to 61.1% of the sample reported not having enough money for various activities during the school year, suggesting a measure of financial strain among the student-athletes." 

"Why should players not be able to sell their property—such as rings for bowl victories—for cash? If a coach is paid $3.5 million, then why should players not be able to profit from their labors?"

"To be sure, much plausible speculation now abounds as to why student-athletes break NCAA regulations: They are economically deprived, they do not believe in the morality of NCAA regulations, they are increasingly drawn from a society where deviance reigns, enforcement of regulations is lax, the emphasis on winning creates structural pressures for rule violations, and so on."

My research topic is exploring the idea that college athletes should be treated more maturely oppose to their amatuer label. That includes allowing these student athletes to accept benefits and additional compensation that they earn and deserve. This article highlights the mindset that sets apart these college athletes from their amateur state. As mentioned within the article, many athletes break the rules. The number of NCAA infractions over the past years specifically regarding illegal benefits has become very common. Athletes don't seem to have respect for the tight rules that the NCAA operates on. It's ultimately time for a change.

Tuesday, March 4, 2014

Literature Review #2


Schwarz, Andy. "Pay for Play-The truth behind the myths." sports.espn.go.com. N.p., 15 Jul 2011. Web. 4 Mar 2014.

The issue of playing college athletes has been always been controversial. With great reasons on both sides, this argument has brought upon massive debates Andy Schwarz goes in depth about the typical myths commonly associated with the idea of pay for play at universities. Schwarz further elaborates on the misconceptions of this issue while offering reasonable solutions.

Andy Schwarz is a consultant expert who specializes in antitrust, sports and entertainment, intellectual property, and banking and insurance issues. He's been involved in many sports controversies such as underlying the NFL’s defense in L.A. Raiders v. NFL. He's been featured on ESPN for analyzing economic issues in sports along with being published on the antitrust implications of antitrust by laws.

Title IX- does not require identical spending on men's and women's sports at universities. Women's sports are suppose to closely track the spending of men's sports.

Paying College Students- James Franco was a paid actor while at UCLA. Other english majors payed to work at the library

"But if each new dollar of spending were required to go equally to men and women, the system would function like a payroll or sales tax. Pay a QB $50,000? Then pay $50,000 to women's programs, too. This would keep salaries down but not eliminate them, just as cigarette taxes don't eliminate cigarette sales. And it would be a boon to women's sports as well."

"When players are paid, some schools will offer less than others. Teams spending more will get better talent, just like they do today."

"Forgoing pay does not turn football players into real college students. They are students for all of the non-football things they do: going to class, joining a study group, falling asleep in the library, etc."

My paper is going to deal with how it's unfair to not pay college athletes considering the surrounding circumstances due to privatization. Some players due to eligibility rules aren't allowed to enter the NFL or NBA draft until after a year or two in school meanwhile they might be ready for the professionals. If a player is capable of making money, why not let them go. Since they aren't allowed, I think all division I athletes should get some sort of compensation especially because they are responsible for millions on millions of dollars that universities generate. This article elaborates on the same issues I agree with towards paying college athletes. The author states points I believe in while exploring other ideas that I find intriguing.