San Diego Law Review


Susan Westover

Library of Congress Authority File


Document Type



In National Collegiate Athletic Association v. Tarkanian, the United States Supreme Court held that the NCAA is not amenable to the constitutional restraints of the fourteenth amendment. Specifically, the Court found that certain conduct by the NCAA in its appellate procedures is not state conduct, a requirement necessary to invoke the fourteenth amendment. This Note addressed the significance of the Court's finding. It argues that adherence to the above rule may lead to an inequitable and inadequate procedure for student athletes and member schools. In conclusion, the Note presents a viable alternative for those members seeking fair procedural treatment when involved with the NCAA.