The Potential Reach of Obannon v. NCAA

Term Paper Option

Choosing to do a term paper is entirely optional; indeed, most students do not choose to write a paper. Page 10 of 19 Fall 2019 BUL4310 Syllabus- Robert Emerson The Term Paper To be eligible, a student must first submit an outline by Tues., Sept. 10. That outline must be approximately 150 to 250 words long, with an indication of at least three sources (e.g., Internet sites, books, court cases, newspaper stories) you have found and may use. The outline is not graded.

Grading

A well-stated thesis – understandable? What is the author (the student) trying to do? 5 pts. Analysis of Topic – 40 pts.

Clarity of Paper – 10 pts.

Strong Conclusion? (Has the author attempted to prove anything? IF so, given the brevity of the paper, has he/she been successful) – 10 pts.

Writing, Spelling, Punctuation – 20 pts. (See the tips on pages 13-15. You will receive fewer points on your paper for grammatical mistakes, especially ones that I specifically advise against on pages 13-15).

Sources – Quality and Number (the author should cite at least nine different sources, unless there is an understandable reason – the sources should be of different types, and most should be recent in origin whenever practical and appropriate for the paper) – 15 pts.

As stated above, the outline is not graded. Only the term paper is graded. My expectation is that most persons undertaking this assignment will do a good or very good job, and I will give out most grades in the low-B to mid-A range. The emphasis in grading will be on the research and the substance of the paper. However, poor grammar, bad spelling, incoherent sentences, and other problems of “style” will lead to a lower grade. Also, while writing more than 2,800 words will NOT lead to a penalty (you won’t be rewarded either!), writing less than 2,200 words likely will be penalized. Furthermore, reliance on only a few sources (inadequate citation of sources) will lead to a lower score. Ordinarily, a paper should have at least nine different sources. (In rare instances, that may be unfeasible; ask ahead of time if you are concerned.)

Law sources for your paper can be found from many avenues – FindLaw, Justia, Cornell Law School digital library, Lexis-Nexis (this one is available in the digital databases for the UF Libraries) and many others. The term paper gives you much flexibility to write on almost anything related to business law. UF’s Teaching Center has a writing studio that provides assistance. The URL is http://writing.ufl.edu/writingstudio/. Or see http://writing.ufl.edu/writing-studio/for-students/schedule-an-appointment/ There are walk-in meetings, appointments, phone call facility and online resources. It is on the 3rd floor of Library West. Also, the College’s Career and Academic Peer (CAP) Mentor program (http://warrington.ufl.edu/undergraduate/myheavener/career/cap/ ) sometimes helps students with written work, especially related to professional writing, such as personal statements and cover letters.

Term Paper Outline (submitted September 10)

Summary of Case:

· Former UCLA Athlete sued EA Sports and NCAA for unauthorized use of his likeness and antitrust a

· He claimed that NCAA amateurism policy was anticompetitive.

· He stated that it violated the Sherman Act

Case History:

· EA Sports settled out of court

· O’Bannon won a trial verdict against the NCAA

· The Ninth Circuit affirmed the decision in part and the Supreme court denied cert

My Analysis:

· Should athletes be paid upon cost of living?

Final Section:

· Since the Supreme Court did not take this case which means the case wasn’t nationwide. Does it make it fair? Student Athletes have the ability to operate differently depending on what state they are living in.

Sources:

Schaefer, Joseph W, NCAA Division I Transfers “are now basically screwed”, Buffalo Law Review 66 (2018) Column 481-556

O’Bannon v. NCAA (2014)

Note: This case come from the Ninth Circuit Court of Appeals

Boliek, Babette, The Potential Reach of Obannon v. NCAA, Mississippi Sports Law Review 5 (2015) Column 28-42

Comments on outline: Remember to have at least nine different sources. Don’t overlook the information in the syllabus on pages 9-11;15 about being thorough in the citations (footnotes) and, more generally, a number of writing tips. Also, the grading rubric and information on the word count and plagiarism are on page 11 of the syllabus. Overall, your outline looks good. Please make sure to focus some on the state of affairs currently, and, if at all possible, offer your opinion. Elaborate, but DON’T just make the paper read like a long magazine article or general description. Be sure to use at least nine different sources for your final paper.

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