Management Assistant Professor Sam C. Ehrlich’s article, “The Constitutional Problems with Delegating Legislative Power to College Sports,” was accepted for publication in the St. John’s Law Review.
The article examines the National Collegiate Athletic Association’s request for congressional help to address antitrust and labor issues through seven proposed bills. These proposals suggest either allowing the NCAA to self-regulate or establishing a private regulator, both of which may conflict with constitutional principles. Ehrlich highlights concerns around the “private non-delegation doctrine” and due process, which restricts private entities from exercising federal power or regulating competitors. He analyzes legal challenges these bills face and explores whether greater government oversight of the NCAA might be a constitutional solution.