The reconfiguration of the governance structure of the NCAA in 1997 occurred several years after the Tarkanian (1988) case was decided. A law review article by W. Burlette Carter questions whether the courts should continue to consider the NCAA a nonstate actor given the nature of the new governance structure (Carter, 2000). The nonstate actor status of the NCAA is also discussed in articles by Otto and Stippich (2008) and Potuto (2012). The Brentwood Academy decision in 2001 has also raised the question whether Tarkanian ought to be overturned or limited to its particular facts. 

Read the articles by Carter, Otto and Stippich, and Potuto and, based on those and the Court’s reasoning in Brentwood Academy, write a position paper articulating a rationale for whether the courts should reconsider the Tarkanian decision.