the courts should have a hard time distinguishing between a student on academic scholarship and one on athletic scholarship if the requirements/benefits of scholarships are academically based...courses, grades, eligibility, etc. i.e., these people are above all else students. Where schools will get in trouble is if they kick kids with good grades off of scholarship because they throw too many interceptions or don't swim fast enough (crappy students that make all conference are retained while good students that ride the bench get "processed")...oh, so they actually ARE employees with non-academic requirements and therefore should get whatever all employees get in terms of benefits. NCAA and its members built this mess...the student-athlete fairy tale that purely coincidentally happens to be extraordinarily profitable is about over. I don't think the courts will be impressed with game arcades, lazy rivers, and plush dorms that just happen to be more available to athletes.