Abstract des Autors

Each year, thousands of athletes play college football and are at risk of incurring a traumatic brain injury ("TBI"). TBI can take many forms including concussion, Second-Impact Syndrome, Chronic Traumatic Encephalopathy ("CTE"), early-onset Alzheimer's, dementia, and other brain conditions. These injuries, which many experts believe can be caused by an athlete's participation in competitive football, can take years to manifest. But while college football players face these risks, universities in the National Collegiate Athletic Association ("NCAA") have benefited from the billions of dollars produced each year by the sport. Nevertheless, schools are not required to provide any medical care for athletes who suffer from TBI as a result of playing college football. This Note argues that when considering the risk of TBI to college football players, the current terms of the athletic scholarship are so one-sidedly favorable to the NCAA and its member institutions that the athletic scholarship offered to football players is unconscionable. This Note examines the two-pronged approach to unconscionability that has been adopted by many states and argues that the athletic scholarship, considering the manner in which it is offered and the effect of its substantive terms, satisfies both prongs. Finally, this Note recommends different measures the NCAA and its member institutions should take to lessen the degree of unconscionability in the athletic scholarship for football players.