Athlete eligibility

Abstract

This chapter compares and examines the existing legal frameworks governing athletic eligibility rules and dispute resolution processes for Olympic and international sports as well as United States (U.S.) professional, college, and high school sports from both private law and public law perspectives. Most sports governing bodies have broad, exclusive authority to regulate a single sport or group of sports on either an international, national, or state-wide basis. In conducting our analysis and making recommendations, we consider whether athletes have an effective voice and/or voting rights in the eligibility rule-making process; the nature and effect of the eligibility rule; and the nature and scope of judicial or arbitral review of a sports governing body's eligibility rules, application, and enforcement. We conclude that the developing law of athlete eligibility generally adequately protects participation opportunities of Olympic, international, and U.S. professional athletes, while suggesting some reforms to better protect high school and college athletes.