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Critique of the Veil of Fair Representation

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

9 Pages Posted: 31 Aug 2010  

Michael Hayes

University of Baltimore - School of Law

Date Written: 2006

Abstract

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.

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

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: https://ssrn.com/abstract=1669356

Michael Hayes (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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