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National Collegiate Athletic Ass'n v. Miller

United States Court of Appeals for the Ninth Circuit

October 5, 1993, Argued, Submitted, San Francisco, California ; November 23, 1993, Filed

No. 92-16184, No. 92-16227, No. 92-16234

Opinion

 [*635]  OPINION

FERNANDEZ, Circuit Judge:

Jerry Tarkanian, Tim Grgurich, Ronald Ganulin, and Shelley Fischer appeal the district court's order declaring that the provisions of Nevada Revised Statutes §§ 398.155 - 398.255 1 ("the Statute"), which impose certain requirements on interstate national [**2]  collegiate athletic associations, violate Article I, Section 8, Clause 3 (the Commerce Clause) and Article I, Section 10 (the Contract Clause) of the United States Constitution. The district court granted the declaratory judgment and enjoined appellants from taking any action to seek protection under the Statute. 2 We affirm.

BACKGROUND

The National Collegiate Athletic Association ("NCAA") is a voluntary, unincorporated association of 1,056 members, including four-year colleges and universities, conferences, associations, and other educational institutions. Members of the NCAA are located in each of the United States.

Among the purposes of the NCAA are these: 1) "to initiate, stimulate and improve intercollegiate athletics programs for student-athletes;" 2) "to uphold the principle of institutional control of, and responsibility for, all intercollegiate sports in conformity with the  [**3]  constitution and bylaws of this Association;" 3) "to encourage its members to adopt eligibility rules to comply with satisfactory standards of scholarship, sportsmanship and amateurism;" 4) "to formulate . . . and publish rules of play governing intercollegiate athletics;" 5) "to supervise the conduct of, and to establish eligibility standards for, regional and national athletics events;" 6) "to legislate, through bylaws or by resolutions of a Convention, upon any subject of general concern to the members related to the administration of intercollegiate athletics[;]" and 7) "to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body and, by so doing, retain a clear line of demarcation between intercollegiate athletics and professional sports." NCAA Const §§ 1.2 and 1.3.1. The Association is also entrusted with the responsibility of promoting the opportunity for competitive  [*636]  equity among its member institutions. Id. § 2.7.

At the annual convention, the member institutions of the NCAA enact legislation dealing with athlete recruiting, eligibility, financial aid, admissions, and other matters. All NCAA [**4]  legislation must be adopted by a vote of the active members. Id. § 5.01.1. NCAA legislation consists of both substantive rules and a procedural enforcement program. As a condition of membership, each institution is obligated to apply and enforce all NCAA legislation related to its own athletic programs. Id. § 1.3.2. The NCAA Manual also specifically provides that: "the enforcement procedures of the Association shall be applied to an institution when it fails to fulfill this obligation." Id.; see also NCAA v. Tarkanian, 488 U.S. 179, 183, 109 S. Ct. 454, 457, 102 L. Ed. 2d 469 (1988).

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10 F.3d 633 *; 1993 U.S. App. LEXIS 30119 **; 93 Cal. Daily Op. Service 8619; 93 Daily Journal DAR 14802

THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, Plaintiff, MICHAEL ALSUP, Intervenor, and JERRY TARKANIAN, and LOIS TARKANIAN, Counter-Claimants-Appellants, v. ROBERT F. MILLER, Governor, State of Nevada, et al., Defendants, and THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, WALTER BYERS, S. DAVID BERST, and ROBERT STOUP, Counter-Defendants-Appellees. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, Plaintiff-Appellee, v. ROBERT F. MILLER, Governor, State of Nevada, et al., Defendants, and TIM GRGURICH; RONALD GANULIN, Defendants-Appellants. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, Plaintiff, and SHELLEY FISCHER, Counter-Claimant-Appellant, v. ROBERT F. MILLER, Governor, State of Nevada, et al., Defendants, and THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, WALTER BYERS, S. DAVID BERST, and ROBERT STOUP, Counter-Defendants-Appellees.

Subsequent History: Certiorari Denied April 18, 1994, Reported at: 1994 U.S. LEXIS 2914.

Prior History:  [**1]  Appeal from the United States District Court for the District of Nevada. D.C. No. CV-91-526-HDM. Howard D. McKibben, District Judge, Presiding.

CORE TERMS

interstate commerce, regulates, athletics, Bylaw, staff, Infractions, violates, intercollegiate, district court, provisions, enforcement proceeding, athletic association, affected individual, official inquiry, institutions, collegiate, recruiting

Civil Procedure, Appeals, Standards of Review, De Novo Review, Business & Corporate Compliance, Transportation Law, Interstate Commerce, State Powers, Constitutional Law, Congressional Duties & Powers, Commerce Clause, General Overview, Transportation Law, Balancing Tests, Case or Controversy, Constitutionality of Legislation, Governments, Legislation, Severability