Banks vs. NCAA

"Sherman Act Invalidation of the NCAA Amateurism Rules." Harvard Law Review 105.6 (1992): 1299. Academic Search Complete. EBSCO. Web. 23 Nov. 2010.

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The Sherman Act Invalidation of the NCAA Amateurism Rules state that if a college athlete receives any type of compensation beyond tuition and room and board for their participation in a sport they lose their eligibility for that sport. Another rule stated is that an athlete can lose his/her eligibility if they submit their name for inclusion in the sport’s professional league draft or if they consult an agent. An example shown is the Banks vs. NCAA case. Braxston Banks entered the NFL draft with one year of college play left and hired an agent. He did not receive any funds besides travel expenses. When he wasn’t chosen he decided to use the last year to play in college, but the NCAA deemed him ineligible. Banks argued that some NCAA’s rules violate the Sherman Act because they concerted boycotts his football skill. According to banks not many players will enter the draft their junior year because they will be afraid of not being picked and can’t go back to college football. Banks goes on to argue about the no-agent rule. He believes that the no-agent rule prevents athletes from making an intelligent decision of whether or not to enter the draft.

Braxston Banks points out some great reasons to get rid of some of the NCAA rules. If some of the rules were dropped, college athletes may not be as scared to get out into the world of the draft and see if that is exactly what they want to do. Banks has gone through the draft before and understands how tough it can be. If someone was to read this legal document, they would see how dropping some rules of the NCAA would help some college athletes get into the world of professional sports and help them make better decisions for their future. Banks didn’t do anything wrong and didn’t get any benefits when he entered the NFL draft. He did not receive any compensation from agents or teams just travel payments. When he wasn’t drafted, he wanted another shot with his college team, but the NCAA ruled he was ineligible and possibly could have ruined his dream of playing in the NFL.