Putting Our Trust in the National Collegiate Athletic Association (NCAA): How Creating Trusts for Student-Athletes Can Save the NCAA from Itself

Date

2014

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Estate Planning & Community Property Journal

Abstract

Addresses the recent issues facing the NCAA; specifically, discusses the concern surrounding the O'Bannon lawsuit and its impact on collegiate player compensation. The comment presents a proposal for implementing trusts for student athletes that will address the issue of compensation. The proposal for the creation of trusts for student-athletes allows the NCAA to address the issue of compensation and still maintain its core objectives. Part II gives background on the history of the NCAA, the evolution and challenges to the NCAA bylaws, and the revenue associated with college athletics. Part III explains the proposal in detail showing how the trust will work using the Universal Trust Code. The comment next addresses the NCAA's requirements, member institutions, and student-athletes. The proposal requires foundational changes to college athletics, specifically regarding the five major Football Bowl Subdivision Conferences. Also discusses the major benefits of the trust. Finally, Part IV addresses two major issues with the proposal as well as preventative measures.

Description

Keywords

Trusts, Compensation, NCAA, Universal Trust Code, Student athlete, College, University, National Collegiate Athletic Association

Citation

Jonathan Strom, Putting Our Trust in the National Collegiate Athletic Association (NCAA): How Creating Trusts for Student-Athletes Can Save the NCAA from Itself, 6 Est. Plan. & Cmty. Prop. L. J. 423 (2014).