Friday, June 7, 2013

Why the District Court's Ruling in 'Penn State' was Legally Wrong

Over at Forbes, I wrote this morning about why aspects of the U.S. District Court for the Middle District of Pennsylvania's decision in the 'Penn State' case were wrongly decided.  In the article, I explain that the court made dubious presumptions that the NCAA is not a commercial actor (a longstanding mistake of the Third Circuit) and that the NCAA president's actions are not innately concerted.

Here is a link to the full article, discussing both points in far greater detail.