O’Bannon and Jenkin cases filed a law suit against NCAA to prevent enforcement of rules that limit the amount paid to college players beyond the scholarship. Plaintiffs in O’Bannon v. NCAA case advocates for college athletes to be paid the full cost of attendance and also seek for the formation of a trust fund that will be funded by a certain percentage of revenue from the NCAA through activities such as selling the athletes’ likeness in TV broadcasts (Edelman, 2017).
Plaintiffs of Jenkins v. NCAA, seek that college athletes be paid beyond their athletic scholarship and creation of a free market system where colleges can compete for athletes through different compensation (McCann, 2018). I am of the opinion that college athletes should not be paid beyond the cost of attendance of scholarship. Furthermore, NCAA regulations advocate for amateurism which limits college athletes financially. One is ineligible for participation in sports if they take pay or the promise of pay for taking part in that sport (Schroeder, 2014). O’Bannon Case does not take into account the NCAA standard. On the other hand, the Jenkins case does not hold because under amateurism, college athletes cannot be paid beyond the scholarship.
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References
Edelman, M. (2017). A Prelude to Jenkins v. NCAA: Amateurism, Antitrust Law, and the Role of Consumer Demand in a Proper Rule of Reason Analysis. La. L. Rev. , 78 , 227.
McCann, M. (2018). Jenkins v. NCAA: College amateurism, scholarship rules go on trial. Sports Illustrated .
Schroeder, G. (2014). Retrieved from https://www.usatoday.com/story/sports/college/2014/03/17/attorney-jeffrey-kessler-files-suit-vs-ncaa-five-richest-conferences/6520093/
