You serve as legal counsel to a legislative committee. One of the members of your committee has…

You serve as legal counsel to a legislative committee. One
of the members of your committee has indicated that she wants you to draft
legislation that would recognize a property interest in participation in
intercollegiate athletics. The legislator is irate because her daughter was not
permitted to try out for the football team at her public university. Her
daughter believes that she could earn an athletic scholarship if she had the
opportunity to demonstrate her ability as a kicker and that she could increase
her future job opportunities by playing college football. When the legislator
and her daughter asked the coach why she was not permitted to try out, the
coach simply said he thought it was best. When he was pressed for further
reasons, he simply said he did not want to offer any. When the legislator
discussed the matter with her lawyer, he said it was unlikely that a court
would review why her daughter was not being permitted to participate because
she does not have a property interest that would trigger federal due process
protection. Was the lawyer’s advice correct? What advice would you have given
to the legislator regarding the advantages and disadvantages of a law that
would create a property interest in athletic participation?

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