R. M. Smith v. National Collegiate Athletic Association

I join part II B — The NCAA’s Relationship with the NYSP — fully, and without reservation. However, I concur with the discussion in part II A — Controlling Authority Theory only because I agree that we are bound by the panel’s decision in Cureton v. National Collegiate Athletic Association, 198 F.3d 107 (1999, 3rd Cir.) (McKee, J. dissenting). See I.O.P. 9.1 (“no subsequent panel overrules the holding in a published opinion of a previous panel.”).

Inasmuch as I have previously noted why I believe that the decision in NCAA v. Tarkanian, 488 U.S. 179, 109 S.Ct. 454, 102 L.Ed.2d 469 (1988)…