Look for The NCAA Rules Adoption, Interpretation, Enforcement, and Infractions Process: The Laws that Regulate Them and the Nature of Court Review in the Spring 2010 issue (Vol. 12, No. 2) of the Vanderbilt Journal of Entertainment and Technology Law. The abstract for the article follows:

This article takes a comprehensive look at how the NCAA is organized, describes the NCAA committee structure, and explains how the NCAA in its multitude of roles does its work. The article focuses particularly on the NCAA bylaw interpretation process and the policies, procedures, and scope of authority of the enforcement, infractions, and student-athlete reinstatement process. In its description of the division of responsibility among enforcement, infractions, and student-athlete reinstatement, the article emphasizes the independence of each. The article then assesses the functions and structure of the NCAA in light of the prerogatives of a private, multi-state association and the legal framework that informs its operation–primarily agency law, administrative law, constitutional law, and contract law. The article concludes that the NCAA governance structure is about as well conceived to achieve the goals of its members as is possible in an imperfect world.

Article Author: Josephine (Jo) R. Potuto

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