Abstract

http://ssrn.com/abstract=2127312
 


 



The Curious Dynamic of Players' Associations Bargaining Eligibility Rules on Behalf of Prospective Players


Michael McCann


University of New Hampshire School of Law; Sports Illustrated and SI.com

August 9, 2012

Vermont Law School Research Paper No. 25-12

Abstract:     
Is it appropriate that pro athletes in a players' association -- a union -- can collectively bargain away the eligibility of athletes who, because of their age or inexperience, are denied entry into a professional sports league?

This question relates more specifically to eligibility restrictions in the NFL, NBA and the WNBA. These are the only three major U.S. sports leagues that prohibit players until a prescribed period after high school graduation..

While modern views of labor law suggest that players' association have the legal right to bargain on behalf of prospective players and to bargain away their eligibility, this arrangement carries conflicts of interest and highlights a need for a federal sports law.

This work-in-progress consists of remarks I made to the U.S. Court of Appeals for the Eighth Circuit Judicial Conference on August 9, 2012.

Number of Pages in PDF File: 6

Keywords: NBA, NFL, antitrust, labor law, draft, union, players' association

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Date posted: August 9, 2012 ; Last revised: October 5, 2012

Suggested Citation

McCann, Michael, The Curious Dynamic of Players' Associations Bargaining Eligibility Rules on Behalf of Prospective Players (August 9, 2012). Vermont Law School Research Paper No. 25-12. Available at SSRN: http://ssrn.com/abstract=2127312 or http://dx.doi.org/10.2139/ssrn.2127312

Contact Information

Michael A. McCann (Contact Author)
University of New Hampshire School of Law ( email )
Franklin Pierce Center for Intellectual Property
2 White Street
Concord, NH 03301
617.875.6132 (Phone)
HOME PAGE: http://law.unh.edu/about/personnel/faculty/michael-mccann
Sports Illustrated and SI.com
1271 Avenue of the Americas
New York, NY 10020
United States
HOME PAGE: http://sportsillustrated.cnn.com/writers/michael_mccann/archive/index.html
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