Troubled by a Large Number Term Paper

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This is because; there are consortiums of regulations that provide no clear policy. The Colorado Court of Appeals sided with the NCAA. They felt that these rules were within the scope of their authority of controlling the actions of athletes and the college sports. These facts can be used to demonstrate that the policy of coaches breaching their contracts is in compliance with legal guidelines and case precedent. ("Bloom v. National Collegiate Athletic Association")

The biggest challenge against this policy is Law v. NCAA. Under this ruling, the U.S. Court of Appeals found that any kind of attempts to restrict a coach's salary is considered to be in violation of the Sherman Anti-Trust Act. At the same time, they found that the rule is discriminating against coaches by limiting their salaries and the numbers that can serve on a team. This is supposed to maintain the competitive balance inside the NCAA. However, the court found that the biggest beneficiary is the NCAA (who is reducing their costs dramatically).

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This can be used to show how there is case precedent, giving coaches the power to earn more money. As a result, if a coach opts out of their contract (using this clause), they have the right to seek out higher compensation and meet this requirement.

What legal theories could the NCAA use to defend its action for implementing such a rule?

The basic legal theory that the NCAA can use, is to show how their actions are in compliance with previous court rulings on contract law. Moreover, they can demonstrate how they are exempt from Title IX and other anti-discriminatory provisions. This is because they are not receiving direct funding from the federal government. Under NCAA v. Smith, the NCAA does not fall under this designation. The combination of these elements are showing how the NCAA is enforcing existing contracts and is not subject to anti-discrimination laws (i.e. Title IX). ("Title IX Cases")

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