The Penn State “Consent Decree”: The NCAA’s Coercive Means Don’t Justify Its Laudable Ends, but is There a Legal Remedy?

Abstract

Initially, I will describe the background and chronology of events giving rise to the Penn State Consent Decree. Next, I will analyze Penn State’s potential breach of contract and violation of law of private association claims and consider the similar claims brought by the Paterno estate and others. Thereafter, I will review Pennsylvania Governor Corbett’s unsuccessful parens patriae federal antitrust suit and consider Penn State’s potential antitrust claims.