Un-Equal Protection : Preferential Admissions Treatment for Student Athletes
College athletics is one of the most successful and profitable enterprises in the United States. Although the image that one may envision when talking of college athletics is of a sold-out football stadium in the cool months of fall or of a jam-packed arena in the middle of March Madness, competition in college athletics takes place twelve months a year from large campuses in college towns such as Ann Arbor, Eugene, and Tuscaloosa, to remote areas with names that few recognize such as Valdosta, Ithaca, and Boone.Although the landscape at these schools is vastly different, one trend is taking place across the country. At all colleges and universities, whether they are Division I powerhouses, Ivy League institutions, academically “elite” private schools, or small Division II or Division III schools, athletes are receiving preferential treatment in the admissions process. This Note will begin in Part I by discussing the National Collegiate Athletic Association (NCAA) and the initial eligibility requirements put into place for student athletes, as well as the problems associated with these requirements. Part II will explore the admissions process itself, the reasons for differing treatment of athletes from non-athletes, academic performance of student athletes after admission, and attempts at reform in this area. Part III will address the provisions surrounding the Fourteenth Amendment and the Equal Protection Clause, the cases discussing admissions in higher education, and how the doctrine of academic freedom affects these admissions decisions. Part IV will discuss the legal arguments for and against preferential admissions standards for athletes, including the practice of setting aside seats in an incoming class for athletes and possibilities of future judicial action in this area. The Note will conclude by taking a hypothetical look at the potential effects of a shift in the law regarding equal protection. This Note comes with the disclaimer that the author is a passionate sports fan, and quite possibly falls within that category of persons who turn their head away from these potential problems
Year of publication: |
2010
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Authors: | Phillips, Matthew Tae |
Publisher: |
[2010]: [S.l.] : SSRN |
Subject: | Studierende | Students | Sportler | Athletes | Handelspräferenzen | Trade preferences | Hochschule | Higher education institution | Protektionismus | Protectionism | Studium | University education |
Description of contents: | Abstract [papers.ssrn.com] |
Saved in:
Extent: | 1 Online-Ressource |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments March 31, 2009 erstellt Volltext nicht verfügbar |
Classification: | A00 - General Economics and Teaching. General |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013150513
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