In NCAA v. Lasege, 53 S.W.3d 77 (Ky. 2001), the Supreme Court of Kentucky ruled in favor of the…

In NCAA v. Lasege, 53 S.W.3d 77 (Ky. 2001), the Supreme
Court of Kentucky ruled in favor of the NCAA, which had prohibited Muhammad
Lasege, a University of Louisville basketball player, from participating in
intercollegiate sports. Prior to his matriculation at Louisville, Lasege played
basketball in Russia under a professional contract and engaged in other conduct
that the NCAA found to be in violation of its amateurism rules. Ruling on the
athlete’s claim that the NCAA acted arbitrarily and capriciously when it
declared him ineligible, the Kentucky Supreme Court held that a ruling is
arbitrary and capricious only where it is “clearly erroneous, and by ‘clearly
erroneous’ we mean unsupported by substantial evidence.” Here, the NCAA’s
ruling has strong evidentiary support—Lasege unquestionably signed contracts to
play professional basketball and unquestionably accepted benefits. The Lasege
court also validated the NCAA rule that permits the organization to seek
restitution from its member institutions as a result of rules violations such
as those that Louisville committed when it allowed Lasege to play. The Indiana
Supreme Court noted the tensions that arise in restitution cases: Courts have
upheld the restitution rule. Do you agree with the courts?

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