Sample Case Review
Bowers v. National Collegiate Athletic Association
Michael Bowers v. National Collegiate Athletic Association, 118 F.2d 494 (D.N.J. 2007)

I. Background and Purpose In the case of Bowers v. National Collegiate Athletic Association, Bowers filed a suit against the National Collegiate Athletic Association under Titles II and III of the Americans with Disabilities Act (ADA). The ADA defines a qualified individual with disabilities as a person who meets genuine skill, education, experience, or other requirements of a job that the person holds or seeks, and they can perform the "essential functions" of the position with or without reasonable accommodations. In this case, Bowers argues that he is a qualified individual in the field of education. Bowers was looking to be recruited by University for football, under the NCAA. Bowers was found unqualified because he did not complete the required “core …show more content…
All of the substance abuse evidence that was cited by the District Court, with the exception of the inconclusive marijuana-use, related to the use of those substances after 1995-1996, at which point Bowers' substance abuse was not relevant for purposes of establishing liability in this case.
3) The attorneys for Bowers had no notice that the District Court was contemplating inserting sanctions against them after the hearing on Temple's motion.
4) The analysis was now on the issue of whether the University of Iowa is an “arm of the state” of Iowa for the states remaining law claims and the Title II ADA claim because they waived their Eleventh Amendment immunity for the Rehabilitation Act claims. The three elements that they were testing were the judgments from the states, the entity under the state laws, and the degree that the autonomy of the entity has.
IV. Personal