Footnotes (35)



Critique of the Veil of Fair Representation

Michael Hayes

University of Baltimore - School of Law


University of Baltimore Law Forum, Vol. 37, No. 1, pp. 36-43, Fall 2006

In what has become known as the “Spencer Haywood case,” the player of that name challenged then-existing bylaws of the National Basketball Association (“NBA”) that barred anyone from playing in the NBA until four years after he, or his high school class, graduated from high school. A federal trial judge, and then Supreme Court Justice William O. Douglas, held that Mr. Haywood was entitled to a “preliminary injunction,” permitting him to play for an NBA team, because he raised a significant question whether the NBA’s four years after high school rule violated the Sherman Antitrust Act. Mr. Haywood ultimately won on the merits, as a federal district court held that the NBA’s age-related restrictions constituted an illegal “group boycott” forbidden by the Sherman Antitrust Act. The decision opened the door not only to Mr. Haywood, but to scores of basketball players who joined NBA teams after fewer than four years of college play, and even to players who came to the NBA immediately from high school.

Number of Pages in PDF File: 9

Keywords: Age Restrictions, Professional Sports, Spencer Haywood Case, NBA, National Basketball Association, Sherman Antitrust Act, Supreme Court, Group Boycott

JEL Classification: K19, K29, K31, K49, L83

Open PDF in Browser Download This Paper

Date posted: August 31, 2010  

Suggested Citation

Hayes, Michael, Critique of the Veil of Fair Representation (2006). University of Baltimore Law Forum, Vol. 37, No. 1, pp. 36-43, Fall 2006. Available at SSRN: http://ssrn.com/abstract=1669356

Contact Information

Michael Hayes (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
Feedback to SSRN

Paper statistics
Abstract Views: 377
Downloads: 24
Footnotes:  35

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 2.093 seconds