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re: The Senate Passes the Protect College Sports Act
Posted on 9/29/26 at 3:31 pm to dukkbill
Posted on 9/29/26 at 3:31 pm to dukkbill
quote:
Antitrust is a statutory construct. There is no antitrust clause in the Constitution.
Correct, but I expect that an argument will be made that the constitutional rights of athletes (Due Process Clause) have been violated because the law provides the NCAA with anti-trust exemptions that would take away an athletes ability to challenge the revenue sharing caps.
Posted on 9/29/26 at 4:33 pm to Roll Tide Ravens
How do you get there. Modern interpretation seems to indicate that Aa cause of action is an inchoate right that doesn’t vest until a final judgment. See eg In re Consolidated U.S. Atmospheric Testing Litigation, 820 F.2d 982, 989 (9th Cir. 1987) stating (cause of action does not afford the holder the traditional bundle of rights associated with the ownership of property. Cf. United States v. Security Industrial Bank, 459 U.S. 70, 75-76, 103 S.Ct. 407, 410-11, 74 L.Ed.2d 235 (1982).)
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