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Why does the University of ___ have a Department of Football?

Updated: Jun 23, 2021

The money quote from yesterday’s SCOTUS opinion belongs to Justice Kavanaugh.

"Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate," Kavanaugh wrote. "And under ordinary principles of antitrust law, it is not evident why college sports should be any different.

It’s a clever bit of writing but it (intentionally) misses the point.

First, it neglects the historical foundation of how we got here. College sports have a 100 year plus history. They started as something with some rule and evolved to something very different with rules that have not evolved quickly enough to keep society happy.

Second, and more importantly, are colleges businesses? Are athletes workers? Maybe even employees? Are all college athletes workers? Are they all part of the school’s marketing efforts?

Do colleges want to be in this business? Do all of them want to be in what this business is likely to become?


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