This note will explore the traditional rationales offered by the NCAA in implementing the Transfer Rule and suggests that these rationales are not served by the current Rule. Part I frames the environment in which the Transfer Rule exists by tracing the history of the NCAA. Part II explores the traditional rationales offered for justifying the Transfer Rule. In McHale v. Cornell University, the NCAA suggested that the purposes of the Transfer Rule are "(1) to prevent transfers solely for athletic reasons, (2) to avoid exploitation of student-athletes, and (3) to allow transfer students time to adjust to their new environment."' While some regulation of the transfer of student-athletes between member institutions likely furthers these legitimate goals, this note will argue that there are other forces driving the Transfer Rule that are not aligned with such purposes. Finally, Part III offers some suggestions for how courts and the NCAA can align the Transfer Rule with its purported rationales.
A Need for Heightened Scrutiny: Aligning the NCAA Transfer Rule with its Rationales,
9 Vanderbilt Journal of Entertainment and Technology Law
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