Richard Epstein: NCAA bypassing process in review of Penn State is wrong and a function of its monopoly status

University of Chicago Law Professor Richard Epstein writes a provocative column for Richochet titled, "Does the NCAA Wear the White Hat?". Here are excepts:

In this case, the longish process that gives Penn State 90 days to respond was waived. It seems that everyone wanted to get something done on this issue as quickly as possible. But the concentration of all powers in the hands of a single individual, NCAA President Mark Emmert, has real dangers – and would even if Emmert were the wisest person on the face of the planet.

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It is not enough to say that there is abuse at the school level. It is also necessary to ask whether there is abuse at the NCAA level as well. On the latter point, the NCAA cannot get a clean verdict. The blunt truth is that the NCAA is the only game in town and has a power disproportionate to its wisdom. Put otherwise, the NCAA enjoys a monopoly position as a regulator and thus cannot be immune from the temptations that face all organizations with such power. Just to be summoned before the NCAA to explain why a college is not in compliance with this or that rule is a hugely expensive undertaking, which goes a long way to dull criticism of its behavior.

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