1. 1
By
Miracle
C.
Pierre
St.
John’s
University
School
of
Law-LL.M.
International
and
Comparative
Sports
Law/
Instituto
Superior
de
Derecho
y
Economica
(ISDE)
Spring
2015
2. 2
Table
of
Contents
I.
Introduction...........................................................................................................................3
II.
The
History
of
Age
Restrictions
in
the
U.S..................................................................4
III.
Legal
precedents
relating
to
age
restrictions
in
professional
sports
in
the
U.S. ................................................................................................................................................8
A.
Anti-Trust........................................................................................................................................8
B.
Clarett
v.
NFL ..................................................................................................................................9
C.
Larry
Fitzgerald.......................................................................................................................... 14
D.
Haywood
v.
NBA.......................................................................................................................... 15
IV.
Policy
Considerations
For
and
Against
the
Restrictions....................................17
A.
Adoption
of
MLB
Draft
Rules................................................................................................. 17
B.
Professional
leagues
and
NCAA ............................................................................................ 20
C.
NFL
Minor
League
System....................................................................................................... 25
V.
Social
Ramifications
of
Age
Restrictions………………………………………………...….26
VI.
State
laws
and
Minors....................................................................................................31
A.
Issues
Relating
to
National
Letters
of
Intent.................................................................... 31
VII.
Comparative
Analysis...................................................................................................32
VIII.
Conclusion ......................................................................................................................34
WORKS
CITED.........................................................................................................................36
3. 3
I. Introduction
Under
the
rules
of
the
National
Basketball
Association
(NBA),
“A
player
shall
be
eligible
for
[entry
into
the
NBA
only
if]
the
player
.
.
.
is
or
will
be
at
least
19
years
of
age
during
the
calendar
year
in
which
the
Draft
is
held
[and
has
waited]
at
least
one
(1)
NBA
Season
.
.
.
since
the
player's
graduation
[or
that
player's
class's]
graduation
from
high
school.1 There
is
a
similar
restriction
in
the
National
Football
League
(NFL)—“No
player
shall
be
permitted
to
apply
for
special
eligibility
for
selection
in
the
Draft,
or
otherwise
be
eligible
for
the
Draft,
until
three
NFL
regular
seasons
have
begun
and
ended
following
either
his
graduation
from
high
school
or
graduation
of
the
class
with
which
he
entered
high
school,
whichever
is
earlier.”2
The
question
is
whether
the
age
restrictions
in
the
NBA
and
the
NFL’s
eligibility
rules
are
beneficial
or
detrimental
to
the
athlete
and
both
professional
organizations.
This
thesis
contends
that
the
age
and
eligibility
restrictions
are
doing
more
harm
than
good
to
the
players
and
organizations
alike
and
there
are
number
of
reasons
why.
My
thesis
will
be
divided
into
the
following
sections:
Part
1
will
discuss
the
history
of
age
restrictions
for
player
entry
into
professional
sports
leagues
the
U.S.;
Part
II
focuses
on
a
discussion
and
analysis
of
court
cases
that
have
dealt
with
age
1
"NBA
Collective
Bargaining
Agreement;
Player
Eligibility
and
NBA
Draft."
NBPA.org,
1
Dec.
2011.
Web.
17
Dec.
2014.
http://www.nbpa.org/sites/default/files/ARTICLE
X.pdf;
see
also
Marc Edelman,
Joseph A. Wacker (FN2), Collectively Bargained Age/education Requirements: A Source of Antitrust Risk
for Sports Club-Owners or Labor Risk for Players Unions?, 115 PENN ST. L. REV. 341, 366 (2010).
2
See
NFL
Collective
Bargaining
Agreement
2006-‐2012,
Art.
XVI,
§
2(b),
at
46,
available
at
http://www.docstoc.com/docs/20343876/NFL-‐Collective-‐Bargaining-‐Agree-‐ment-‐2006-‐2012.
4. 4
restrictions
in
different
leagues;
Part
III
is
based
on
the
legal
precedent
for
such
restrictions;
Part
IV
exams
the
policy
considerations
either
for
or
against
the
restrictions
in
both
organizations;
Part
V
discusses
the
social
implications
that
the
age
restrictions,
particularly
as
they
impact
African
American
families;
Part
VI
examines
how
state
laws
have
addressed
the
role
of
minors
in
entertainment
and
sports;
Part
VII
is
focused
on
a
comparative
analysis
of
age
restrictions
within
professional
sport
leagues
in
the
U.S.
and
internationally
and
Part
VIII,
the
concluding
section,
summarizes
and
suggests
proposed
solutions
to
the
issue.
This
paper
also
address
the
ways
in
which
the
National
Collegiate
Athletic
Association
is
heavily
benefitted
by
these
restrictions.
I
am
of
the
mindset
that
when
you're
18,
you
should
be
allowed
to
work
wherever
you
want
to.
It
is
my
belief
that
the
NCAA
has
a
vested
economic
interest
here.
The
NCAA
may
not
want
star
high
school
players
being
“one-‐and-‐done,”3
or
going
to
other
countries
to
play
professionally.
If
the
age
limit
is
pushed
to
20,
members
of
the
NCAA
will
have
the
ability
to
hold
onto
their
young
talent
for
an
additional
year.
II. The History of Age Restrictions in the U.S.
In
the
early
19th
century,
baseball
and
football
players
as
young
as
16
years
old
were
able
to
play
sports
at
a
professional
level.4
At
one
point,
NFL
owners
did
3
The
term
“one
and
done”
describes
a
student-‐athlete
who
decides
to
forego
his
NCAA
eligibility
after
his
freshman
year
and
declares
for
the
NBA
draft.
4
See Tenure and Age Records, Baseball-Almanac.com, http:// www.baseball-
almanac.com/recbooks/rb_ten1.shtml (describing Frank “Piggy” Ward's Major League debut for the
Philadelphia Quakers at the age sixteen on June 12, 1883) (lasted visited Dec. 18, 2014); see also Ken
Delinger, The Evolution of Younger Athletes in Professional Sports, L.A. Times, Apr. 22, 1990, at C10
5. 5
not
want
to
hire
undergraduate
players
to
play
in
their
league.5
College
football
was
much
more
popular
than
professional
football
and
NFL
owners
did
not
want
to
compete
with
NFL
coaches
which
would
have
caused
a
public
relations
disaster.6
Originally,
NFL
owners
had
the
power
to
decide
whether
a
player
was
eligible
to
play
for
a
respective
team
until
1935
when
the
Commissioner
was
given
the
authority
to
determine
NFL
eligibility
rules
and
regulations.7
In
1990,
the
NFL
began
to
change
its
rules
regarding
eligibility.8
Former
Commissioner,
Paul
Tagliabue
had
received
40
requests
from
college
juniors
who
petitioned
the
NFL
to
seek
early
draft
eligibility.9
These
student-‐athletes
threatened
to
sue
the
NFL
under
anti-‐trust
claims.10
Therefore,
in
an
effort
to
avoid
such
(“The first professional football player was a 16-year-old high school star recruited-for $10-by a YMCA
team in western Pennsylvania as an emergency fill-in at quarterback.”).
5
New Professional Football Body Looks Stronger than Old; No Hopping by Players, Canton Daily News,
May 2, 1921 (no page number available). Then, in the following January, the NFL club-owners passed a
rule requiring that “each club must post a guarantee of $1,000” that would be forfeited if the club signed a
college or otherwise ineligible player. Pro Grid Association Prohibits Playing of Undergraduate Stars,
Wash. Post, Jan. 30, 1922 (no page number available).
6
Id.
7
Mackey v. Pro Football Inc., 593 F.2d 1173, 1175 (D.C. Cir. 1978) (noting that the primary purpose of
the NFL draft was to promote on-the-field competitive balance among the clubs).
8
The rule, set forth in Article XVI, Section 2(b) of the 2006 CBA, states:
“No player shall be permitted to apply for special eligibility for selection in the Draft, or otherwise be
eligible for the Draft, until three NFL regular seasons have begun and ended following either his graduation
from high school or graduation of the class with which he entered high school, whichever is earlier.”
9
See Mal Florence & Elliot Almond, NFL Draft May Face Challenge: Football: Top College
Underclassmen are Considering Skipping Senior Seasons Because of Possible Rookie Salary Cap in 1991,
L.A. Times, Dec. 19, 1989, available at http://arti-cles.latimes.com/1989-12-19/sports/sp-503_1_nfl-draft;
see also Paul Domowitch, Without College, He's Out to Tackle Football Stardom, Phila. Daily News, Feb.
8, 1991, at 85.
10
See Gerald Eskenazi, N.F.L. Has 29 Players Listed for Early Draft, N.Y. Times, Feb. 5, 1991, at B9. The
threat of such a suit was bona fide given that just six years earlier the United States Football League had its
nearly identical age/education requirement overturned on antitrust grounds. See Boris v. U.S. Football
League, No. Cv. 83-4980 LEW (Kx), 1984 WL 894, at *1 (C.D. Cal. Feb. 28, 1984).
6. 6
litigation,
NFL
owners
agreed
to
the
rule
that
is
in
place
today,
which
allows
for
college
juniors
to
enter
the
draft
as
long
as
they
surrender
their
college
football
eligibility.11
In
1969,
the
NBA
by-‐laws
stated
“A
person
who
has
not
completed
high
school
or
who
has
completed
high
school
but
has
not
entered
college,
shall
not
be
eligible
to
be
drafted
or
to
be
a
Player
(in
the
NBA)
until
four
years
after
he
has
been
graduated
or
four
years
after
his
original
high
school
class
has
been
graduated,
as
the
case
may
be,
nor
may
the
future
services
of
any
such
person
be
negotiated
or
contracted
for,
or
otherwise
reserved.12
This
rule
forced
many
student
athletes
to
either
go
to
college
for
four
years
or
wait
four
years
after
their
high
school
graduation
to
enter
the
NBA
draft.
In
1971,
in
the
case
of
Haywood
v.
NBA,13
the
U.S.
Supreme
Court
declared
the
NBA’s
eligibility
rule
of
the
late
20th
century
unlawful
in
violation
of
the
anti-‐trust
laws.
As
a
result
of
the
decision
in
Haywood,
18
year
old
athletes
were
allowed
to
declare
their
eligibility
for
the
NBA
draft.
11
Id.
12
Denver Rockets v. All-Pro Management Inc., 325 F. Supp. 1049, 1055 (C.D. Cal. 1971) (citing By-laws
of the NBA, § 2.05).
Section 2.05 of the by-laws of NBA provides as follows:
‘A person who has not completed high school or who has completed high school but has not entered
college, shall not be eligible to be drafted or to be a Player (in the NBA) until four years after he has been
graduated or four years after his original high school class has been graduated, as the case may be, nor may
the future services of any such person be negotiated or contracted for, or otherwise reserved. Similarly, a
person who has entered college but is no longer enrolled, shall not be eligible to be drafted or to be a Player
until the time when he would have first become eligible had he remained enrolled in college. Any
negotiations or agreements with any such person during such period shall be null and void and shall confer
no rights to the services of such person at any time thereafter.’
13
Haywood v. Nat'l Basketball Ass'n, 401 U.S. 1204, 1205, 91 S. Ct. 672, 673, 28 L. Ed. 2d 206 (1971).
Discussed infra at p.15.
7. 7
In
2005,
the
NBA
and
NBPA
in
their
collective
bargaining
agreement,14
instituted
the
minimum
age
of
19
for
draft
eligibility.
According
to
Grant
Hughes
of
Bleacher
Report,
“Article X, which has come to be known as the "one-and-done rule," was meant to
protect unprepared high school players from the difficult professional transition while
also giving NBA teams a better opportunity to evaluate potential draftees on the college
stage. In theory, the NBA figured to be the biggest beneficiary of the rule, as it would
enjoy better-prepared prospects and suffer through fewer lottery mistakes. Even the
NCAA was going to come out ahead, as the top-tier stars that had been bypassing college
for the pros would have to spend at least one year on campus.”15
This
“one
and
done
rule”
has
influenced
potential
NBA
hopefuls
to
play
one
year
of
collegiate
basketball
in
order
to
gain
the
necessary
exposure
in
order
to
be
a
high
draft
pick.
This
could
have
been
avoided
if
the
rule
was
not
changed.
For
example,
former
high
school
basketball
star,
Brandon
Jennings,
was
one
of
the
first
athletes
to
play
internationally
for
one
year
in
order
to
meet
the
minimum
age
requirement.16
Jennings
considered
playing
college
basketball
at
the
University
of
Arizona,
instead,
he
signed
a
$1.65
million
contract
with
Pallacanestro
Virtus
Roma,
a
top
Italian
team.17
At
one
point
in
time
in
the
NBA
and
the
NFL,
there
may
have
been
a
notion
that
a18-‐year-‐old
man
can
and
should
have
the
ability
to
play
professional
sports.
Most
entry
requirements
to
employment
focus
on
skill
sets
and
not
age.
What
14
Supra
at
p.
3
15 Hughes, Grant. "Why the NBA's 1-and-Done Rule Is Causing More Harm Than Good." Bleacher Report,
8 Aug. 2013. Web. 17 Dec. 2014. <http://bleacherreport.com/articles/1723163-why-the-nbas-one-and-
done-rule-is-causing-more-harm-than-good>.
16
Blau,
Max.
"Brandon
Jennings,
Kyle
Singler,
and
Others
Talk
About
Playing
Basketball
Overseas."
Grantland.
ESPN
Internet
Ventures.,
7
Dec.
2012.
Web.
18
Dec.
2014.
<http://grantland.com/the-‐
triangle/brandon-‐jennings-‐kyle-‐singler-‐and-‐others-‐talk-‐about-‐playing-‐basketball-‐overseas/>.
17
Id.
8. 8
should
make
these
leagues
any
different?
The
following
sections
will
delve
deeper
into
the
reasoning
behind
this
argument.
III. Legal precedents relating to age restrictions in professional sports in the U.S.
A.
Anti-‐Trust
The
current
state
of
the
law
has
been
shaped
by
anti-‐trust
litigation.
Section
1
of
the
Sherman
Act
states
that
“[e]very
contract,
combination
in
the
form
of
trust
or
otherwise,
or
conspiracy,
in
restraint
of
trade
or
commerce
among
the
several
States,
or
with
foreign
nations,
is
declared
to
be
illegal.”18
There
are
three
tests
courts
have
used
to
determine
if
Section
1
has
been
violated.
The
“Rule
of
reason”
test
is
based
on
whether
the
agreement
causes
anticompetitive
injury
that
outweighs
its
pro-‐competitive
effects.19
The
“per
se”
approach
focuses
on
the
assumption
that
the
defendant’s
actions
are
illegal
regardless
of
any
anti-‐
competitive
effect,
such
as,
group
boycotts
and
price-‐fixing
schemes.20
The
modern
approach
is
a
blend
or
hybrid
of
the
“rule
of
reason”
and
“per
se”
tests,
or
the
“quick
18
Sherman
Antitrust
Act
(Sherman
Act,[1]
July
2,
1890,
ch.
647,
26
Stat.
209,
15
U.S.C.
§
1–7).
19
Nat'L Soc‘y of Prof'L Eng‘rs v. United States, 435 U.S. 679 (1978) (describing the evolution of the Rule
of Reason and explaining the rule's focus on the competitive significance of a restraint).
20
See, e.g., Nw. Wholesale Stationers, Inc. v. Pac. Stationary Printing Co., 472 U.S. 85 (1985) (holding
that a group boycott is a per se violation of the Sherman Act); Arizona v. Maricopa County Med. Soc'y,
457 U.S. 332 (1982) (finding fee agreements among physicians to be an example of price fixing and
therefore a per se violation of the Sherman Act); United States v. Topco Assocs., Inc., 405 U.S. 596 (1972)
(finding a horizontal market division to be a per se violation of the Sherman Act).
9. 9
look”
rule
of
reason.21
In
this
test,
Courts
analyze
whether
the
activity
itself
is
illegal
while
weighing
its
anticompetitive
effects.22
Antitrust
challenges
have
come
up
with
regard
to
eligibility
and
education
requirements
in
all
leagues.
There
have
been
a
number
of
high
profile
antitrust
cases
involving
professional
sports
leagues—which
have
used
the
“rule
of
reason”
and
“per
se”
tests—described
in
the
following
sections.
B.
Clarett
v.
NFL
Maurice
Clarett
was
a
talented
high
school
football
player.
Clarett
played
college
level
football
for
Ohio
State
University.
In
2004,
Clarett
wanted
to
play
for
the
NFL
after
his
sophomore
season.
However,
under
the
rules
in
place,
he
was
ineligible,
because
he
was
not
three
years
removed
from
the
date
of
his
high
school
graduation.
Clarett
did
not
want
to
wait
anther
year
before
he
was
eligible;
therefore,
he
filed
suit
against
the
NFL,
alleging
that
the
NFL's
draft
eligibility
rules
are
an
unreasonable
restraint
of
trade
in
violation
of
Section
1
of
the
Sherman
Act,
15
U.S.C.
§
1,
and
Section
4
of
the
Clayton
Act,
15
U.S.C.
§
15.23
The
Supreme
Court
found
for
Clarett
but
the
Second
Circuit
reversed
the
decision
because
the
collective
bargaining
agreement
between
the
NFL
and
NFLPA
was
not
an
unreasonable
21
William E. Cohen, Per Se Illegality and Truncated Rule of Reason: The Search for a Foreshortened
Antitrust Analysis, FTC STAFF DISCUSSION DRAFT (1997), available at
http://www.ftc.gov/opp/jointvent/persepap.htm (discussing the quick look rule of reason in section III); see
also Mark C. Anderson, Self-Regulation and League Rules Under the Sherman Act, 30 CAP. U. L. REV.
125, 130-31 (2002) (noting how quick look rule of reason “avoids automatic condemnation of a restraint
but does not require an in-depth analysis to evaluate the restraint”).
22
Id.
23
Id. at 126.
10. 10
restraint
of
trade
under
the
Sherman
Act.
The
Unites
States
Court
of
Appeals
for
the
Second
Circuit
in
Clarett
v.
National
Football
league
made
it
clear
that
the
NFL
fell
within
the
scope
of
what
is
known
as
the
non-‐statutory
exemption
to
antitrust
law.24
Antitrust
laws
were
placed
to
prevent
monopolization
and
unfair
labor
practices.
In
this
case,
the
plaintiff,
Maurice
Clarett,
sued
the
NFL
claiming
that
the
NFL’s
eligibility
requirements
were
an
unreasonable
restraint
of
trade
under
section
1
of
the
Sherman
Act.
At
the
time
of
this
suit,
the
eligibility
rules
for
the
NFL
draft
were
not
mentioned
in
the
collective
bargaining
agreement
between
the
NFL
Management
Council
(“NFLMC”),
which
is
the
NFL
member
clubs'
multi-‐employer
bargaining
unit,
and
the
NFL
Players
Association
(“NFLPA”).25
The
eligibility
rules
appeared
in
the
NFL
constitution
and
Bylaws.26
In
opposition
to
Clarett’s
motion
for
summary
judgment,
the
NFL
argued
that
Clarett
lacked
standing
to
bring
an
antitrust
claim
suit
because
the
NFL
was
exempt
from
any
antitrust
violations
by
virtue
of
the
non-‐statutory
labor
exemptions.27
There
are
two
labor
exemptions:
(1)
a
statutory
labor
exemption
allows
workers
to
organize
to
eliminate
competition
among
themselves
regarding
working
conditions;
and
(2)
a
nonstatutory
labor
exemption,
which
is
more
typically
applied
to
sports
and
is
a
judicially
derived
expansion
of
the
statutory
labor
exemption,
applies
to
24
Clarett v. Natl. Football League, 369 F.3d 124 (2d Cir. 2004).
25
Id.
at
127.
26
Id.
27
Id.,
supra
at
129.
11. 11
agreements
between
employees
or
their
unions
and
employers
when
the
agreements
are
intimately
related
to
a
mandatory
subject
of
bargaining,
and
do
not
have
"a
potential
for
restraining
competition
in
the
business
market
in
ways
that
would
not
follow
naturally
from
elimination
of
competition
over
wages
and
working
conditions.28
In
Connell
Constr.
Co.
v.
Plumbers
&
Steamfitters
Local
Union
No.
100,
The
Supreme
Court
explained
the
justification
for
the
nonstatutory
exemption:
The
nonstatutory
exemption
has
its
source
in
the
strong
labor
policy
favoring
the
association
of
employees
to
eliminate
competition
over
wages
and
working
conditions.
Union
success
in
organizing
workers
and
standardizing
wages
ultimately
will
affect
price
competition
among
employers,
but
the
goals
of
federal
labor
law
never
could
be
achieved
if
this
effect
on
business
competition
were
held
a
violation
of
the
antitrust
laws.
The
Court
therefore
has
acknowledged
that
labor
policy
requires
tolerance
for
the
lessening
of
business
competition
based
on
differences
in
wages
and
working
conditions.29
Therefore,
the
NFL
argued
that
the
collective
bargaining
agreement
with
the
NFLPA
would
shield
the
NFL
from
any
form
of
liability
in
this
suit.30
On
February
5,
2004,
the
District
Court
granted
summary
judgment
in
favor
of
Clarett
and
declared
him
eligible
for
the
draft.31
The
District
Court
came
to
this
decision
by
determining
that
the
NFL
did
not
meet
the
test
for
considering
the
eligibility
rules
as
a
part
of
collective
bargaining,
thus
making
the
NFL
liable
under
antitrust
laws.32
The
District
Court
relied
on
the
test,
which
had
been
previously
set
forth
by
the
Eight
Circuit
in
Mackey
v.
National
Football
League.
In
Mackey,
the
8th
Circuit
held
that,
Although
nonlabor
parties
may
potentially
avail
themselves
of
nonstatutory
labor
exemption
to
antitrust
laws
where
they
are
parties
to
collective
bargaining
28
Connell
Constr.
Co.
v.
Plumbers
&
Steamfitters
Local
Union
No.
100,
421
U.S.
616,
635
(1975).
29
Id.
at
622.
30
Clarett,
supra
at
129.
31
Id.
at
129.
32
Id.
12. 12
agreements
pertaining
to
mandatory
subjects
of
bargaining,
exemption
could
not
be
invoked
where
agreement
with
players
was
not
product
of
bona
fide
arm's
length
negotiations,
and
thus
enforcement
of
rule
was
not
exempt
from
coverage
of
antitrust
laws;
and
that
rule
as
implemented
contravened
rule
of
reason
and
thus
constituted
unreasonable
restraint
of
trade
in
violation
of
the
Sherman
Act.33
In
other
words,
in
order
for
the
NFL
to
win
the
suit
in
the
Clarett
case,
the
NFL
would
have
had
to
essentially
show
that
that
the
eligibility
rules
were
part
of
a
collective
bargaining
agreement
that
was
the
product
of
good-‐faith
negotiations.
Ultimately,
the
Clarett
court
ruled
that
the
exemption
does
not
apply
because
the
eligibility
rules
1)
were
not
mandatory
subjects
of
collective
bargaining,
2)
affect
only
“complete
strangers
to
the
bargaining
relationship,”
and
3)
were
not
shown
to
be
the
product
of
arm's-‐length
negotiations
between
the
NFL
and
its
players
union.34
On
the
issue
of
whether
Clarett
lacked
“standing”
to
bring
suit,
the
District
Court
held
that
his
inability
to
be
declared
eligible
for
the
draft
was
a
sufficient
“anti-‐trust”
injury
to
maintain
suit.35
The
NFL’s
argument
in
this
case
supports
the
reasons
why
the
eligibility
rules
are
anti-‐competitive.
The
NFL
essentially
argued
that
the
purpose
of
the
eligibility
rules
are
to
ensure
that
the
players
are
“physically
mature”
and
“emotionally
prepared”
to
play
professional
football.36
This
argument
led
the
District
Court
to
conclude
that
the
eligibility
rules
are
“blatantly
anti-‐competitive.”37
History
has
shown
that
veteran
players
are
not
necessarily
the
most
mature,
either
physically
or
mentally.
There
have
been
numerous
incidents
in
the
NFL
within
this
33
Mackey v. Nat'l Football League, 543 F.2d 606 (8th Cir. 1976).
34
Id.,
supra
at
129.
35
Id.
36
Id.
37
Id.
13. 13
past
year
that
created
major
public
relations
nightmares
for
the
NFL.
However,
the
crafty
lawyers
for
the
NFL
found
ways
to
undermine
Clarett’s
arguments.
On
appeal,
the
NFL’s
main
argument
was
that
players
were
no
longer
permitted
to
negotiate
their
employment
directly
with
the
NFL.38
This
process
was,
and
is,
done
through
collective
bargaining
between
the
players’
representative,
the
NFLPA,
and
the
NFL.
According
to
the
United
States
Court
of
Appeals
for
the
Second
Circuit,
“the
players
union's
representative
possesses
‘powers
comparable
to
those
possessed
by
a
legislative
body
both
to
create
and
restrict
the
rights
of
those
whom
it
represents’.”39
The
Circuit
Court
found
that
the
eligibility
rules
are
mandatory
bargaining
subjects.
The
Court
also
stated
that
the
eligibility
rules
favor
current
employees,
including
veteran
players
and
their
job
security.40
Ultimately,
the
Court
held
that
the
NFL
was
not
driving
its
competitors
out
of
the
market
and
that
Clarett’s
claim
would
only
be
circumventing
the
rules
and
policy
behind
federal
anti
trust
laws.
Clarett
was
no
longer
allowed
to
enter
the
NFL
draft
and
his
dreams
were
no
longer
a
reality.
Clarett
never
made
it
to
the
NFL
and
he
has
had
some
personal
issues;
however,
he
now
spends
a
majority
of
his
time
as
a
motivational
speaker.41
38
Id.
at
131.
39
Id.
at
139
40
Id. at 141.
41
Beaven,
Michael.
"Former
Ohio
State
Football
Standout
Maurice
Clarett
Turns
Life
Around,
Moves
Forward
as
Motivational
Speaker."
Ohio.com.
The
Akron
Beacon
Journal,
8
May
2014.
Web.
22
Dec.
2014.
<http://www.ohio.com/news/top-‐stories/former-‐ohio-‐state-‐football-‐standout-‐maurice-‐
clarett-‐turns-‐life-‐around-‐moves-‐forward-‐as-‐motivational-‐speaker-‐1.486604>.
14. 14
C.
Larry
Fitzgerald
This
was
not
the
only
time
that
the
NFL
had
to
decide
on
whether
a
player,
who
was
less
than
three
years
removed
from
high
school
graduation,
could
be
declared
eligible
for
the
NFL
draft.
In
2004,
University
of
Pittsburgh
wide
receiver
Larry
Fitzgerald,
who
had
just
completed
his
sophomore
year
of
college,
requested
permission
to
enter
the
draft
even
though
he
had
only
played
two
years
of
college
football.42
Again,
this
was
another
example
of
an
athlete
whose
main
goal
was
to
play
professional
football
and
not
attend
college.
If
he
wanted
to
go
to
school
for
a
college
degree,
then
he
would
have
stayed
the
required
amount
of
time
in
order
to
fulfill
his
obligations
for
a
full
scholarship.
Fitzgerald
had
a
rather
unique
situation,
which
eventually
allowed
for
him
to
be
eligible
for
the
NFL
draft.
He
graduated
from
a
traditional
high
school
in
2001
and
a
college
preparatory
school
in
2002.43
This
was
a
predicament
in
which
the
NFL
may
not
have
expected
to
happen.
Technically,
Fitzgerald
met
the
draft
eligibility
requirements
because
he
was
three
years
removed
from
receiving
a
high
school
diploma
in
2001
when
he
sough
to
enter
the
draft.
In
an
effort
to
petition
the
league
for
entry
into
the
draft,
Fitzgerald
met
with
then
Commissioner
Paul
Tagliabue.44
Fitzgerald
was
present
with
his
father
and
his
family’s
attorney.45
The
full
discussion
between
the
parties
was
not
disclosed
to
the
public,
but
Fitzgerald
was
allowed
to
enter
the
2004
NFL
draft.
This
42
Marc Edelman , Joseph A. Wacker (FN2), Collectively Bargained Age/education Requirements: A
Source of Antitrust Risk for Sports Club-Owners or Labor Risk for Players Unions?, 115 PENN ST. L. REV.
341, 351 (2010).
43
Id.
at
352.
44
Id.
45
Id.
15. 15
was
an
example
of
a
situation
where
the
eligibility
rules
were
circumvented
by
a
legitimate
flaw
in
the
system.
It
can
be
interpreted
that
Fitzgerald
may
have
used
the
college
preparatory
school
as
a
way
to
manipulate
the
eligibility
rules
or
quite
simply,
a
way
of
obtaining
additional
training
and
physical
development
without
having
to
go
to
college
for
a
third
year.
D.
Haywood
v.
NBA
In
1971,
the
landmark
decision
in
Haywood
v.
National
Basketball
Association,
paved
the
way
for
18-‐year-‐old
men
to
attain
their
dreams
of
being
professional
basketball
players.
46
At
that
time,
the
NBA’s
rules
prohibited
that
college
players
could
not
be
drafted
until
four
years
after
the
date
of
their
high
school
graduation.47
Haywood
played
with
the
1968
Olympic
team
and
then
attended
college.
Prior
to
graduation
he
signed
with
the
rival
American
Basketball
Association,
but
upon
turning
21
he
repudiated
the
contract,
charging
fraud.
He
then
signed
with
Seattle
of
the
NBA.
This
signing
was
less
than
four
years
after
his
high
school
class
had
graduated
(making
him
ineligible
to
be
drafted
under
the
NBA
rules
then
in
effect).
The
NBA
threatened
to
disallow
the
contract
and
also
threatened
Seattle's
team
with
various
sanctions.48
Haywood
argued
that
the
conduct
of
the
NBA
was
a
group
boycott
directed
against
him.
The
District
Court
ruled:
If
Haywood
is
unable
to
continue
to
play
professional
basketball
for
Seattle,
he
will
suffer
irreparable
injury
in
that
a
substantial
part
of
his
playing
career
will
have
been
dissipated,
his
physical
condition,
skills
and
coordination
will
deteriorate
from
46
Haywood v. Nat'l Basketball Ass'n, 401 U.S. 1204, 1205, 91 S. Ct. 672, 673, 28 L. Ed. 2d 206 (1971).
47
Id.
at
673.
48
Id.
16. 16
lack
of
high-‐level
competition,
his
public
acceptance
as
a
super
star
will
diminish
to
the
detriment
of
his
career,
his
self-‐esteem
and
his
pride
will
have
been
injured
and
a
great
injustice
will
be
perpetrated
on
him.49
Essentially,
the
court
reasoned
that
Haywood’s
injunction
against
the
NBA
is
necessary,
because
this
is
his
profession,
and
if
he
has
to
wait
any
loner
to
begin
his
profession,
it
will
be
to
his
detriment.
This
is
similar
to
an
average
person
who
has
to
raise
a
family,
balance
school
and
work
life,
and
some
how
find
a
way
to
reach
his
goals
before
he
feels
as
if
time
has
passed
him
by.
The
NBA
appealed
the
issuance
of
the
injunction.
However,
the
timing
was
not
the
best.
During
the
litigation,
the
playoffs
were
to
begin
very
shortly
in
the
NBA.
One
of
the
key
requirements
of
a
preliminary
injunction,
is
that
some
form
of
irreparable
injury
be
sustained.
The
Supreme
Court
summed
up
the
situation
here
rather
succinctly:
Should
applicant
prevail
at
the
trial
his
team
will
probably
not
be
in
the
playoffs,
because
under
the
stay
order
issued
by
the
Court
of
Appeals
he
is
unable
to
play.
Should
he
be
allowed
to
play
and
his
team
not
make
the
playoffs
then
no
one,
of
course,
will
have
been
injured.
Should
he
be
allowed
to
play
and
his
team
does
make
the
playoffs
but
the
District
Court
decision
goes
in
favor
of
the
NBA,
then
it
would
be
for
the
District
Court
to
determine
whether
the
NBA
could
disregard
the
Seattle
victories
in
all
games
in
which
he
participated
and
recompute
who
should
be
in
the
playoffs.50
The Supreme Court allowed the preliminary injunction and forbade the NBA
from issuing sanctions
against
the Seattle team and Haywood51
49
Id.
50
Id.
51
Id.
at
1207.
17. 17
IV. Policy Considerations For and Against the Restrictions
A. Adoption
of
MLB
Draft
Rules
The
NBA
would
be
better
served
by
adopting
the
draft
model
used
by
Major
League
Baseball.
Current
NCAA
President,
Mark
Emmert
has
supported
the
NBA
adopting
such
a
model.52
In
reference
to
the
NBA
draft
rules,
Emmert
said
“I
much
prefer
the
baseball
model,
for
example,
that
allows
a
young
person
if
they
want
to
go
play
professional
baseball,
they
can
do
it
right
out
of
high
school,
but
once
they
start
college
they've
got
to
play
for
three
years
or
until
they're
21.”53
Under
the
MLB
draft
eligibility
rules
players
can
be
signed
to
MLB
teams
if
they
are:
• High
school
players–who
have
graduated
from
high
school
and
have
not
yet
attended
college
or
junior
college;
• College
players,
from
four-‐year
colleges
–who
have
either
completed
their
junior
or
senior
years
or
are
at
least
21
years
old;
and
• Junior
college
players–regardless
of
how
many
years
of
school
they
have
completed.54
It
is
best
that
an
18
year
old
at
the
very
least
has
a
choice
of
what
he
or
she
wants
to
do
with
their
professional
careers.
There
are
arguments
as
to
why
the
restrictions
are
a
good
thing
but
there
are
better
arguments
as
to
why
the
restrictions
are
doing
more
harm
than
good.
This
is
an
excellent
model
because
as
I
have
mentioned
before,
the
athlete
has
the
choice.
If
a
high
school
graduate
decides
that
he
wants
to
play
professional
baseball,
he
can
declare
his
eligibility
for
the
draft.
If
the
athlete
decides
that
he
wants
to
go
to
a
college
or
a
university
to
play
52
"New
NCAA
Chief:
Draft
Rules
on
Agenda."
ESPN.
ESPN
Internet
Ventures,
19
Aug.
2010.
Web.
23
Dec.
2014.
<http://sports.espn.go.com/ncb/news/story?id=5471101>.
53
Id.
54
"First-‐Year
Player
Draft."
MLB.com.
MLB
Advanced
Media.
LP,
1
Jan.
2014.
Web.
23
Dec.
2014.
<http://mlb.mlb.com/mlb/draftday/rules.jsp>.
18. 18
amateur
baseball
and
possibly
receive
a
degree,
he
has
the
choice
to
do
that
as
well.
The
concept
of
having
a
developed
NBA
player
is
a
concept
that
is
a
strong
view
of
the
NBA’s
current
commissioner,
Adam
Silver.
According
to
Mr.
Silver,
during
his
first
State
of
The
Union
address,
he
stated:
Everywhere
I
go
people
dislike
[the]
so-‐called
one
and
done,…It's
important
to
the
NBA
and
important
to
basketball
generally
that
there
be
strong
college
basketball.
It's
important
to
college
basketball
that
there
be
strong
youth
basketball
and
strong
AAU
basketball.
And
I
think
we
feel
we
have
a
responsibility
at
the
NBA
as
the
stewards
of
the
game
to
ensure
that
the
game
is
played
the
right
way.55
The
NBA’s
age
minimum
is
anti-‐competitive
under
the
Sherman
Act
and
it’s
an
unreasonable
restraint
of
trade.
The
age
minimum
limits
the
number
of
people
who
are
allowed
to
enter
the
draft.
In
Haywood,
it
was
clear
that
rules
prohibiting
athletes
from
joining
a
professional
organization
after
they
have
reached
an
age
of
adulthood
is
a
violation
of
the
rule.
Commissioner
Silver’s
sentiments
are
comparable
to
the
illegal
actions
of
the
NBA
during
the
1970’s.
It
seems
as
if
the
NBA
is
going
backwards
as
oppose
to
forwards.
Using
the
rule
of
reason
test,
the
plaintiff
must
show
whether
the
agreement
causes
anticompetitive
injury
that
outweighs
its
pro-‐competitive
effects.56
The
anticompetitive
injury
caused
by
the
NBA’s
age
restriction
arguably
outweighs
any
pro-‐competitive
effects.
The
fact
that
an
18-‐year-‐old
athlete
must
wait
a
year
before
he
can
earn
a
living
has
tremendous
financial
implications
to
the
player
over
the
length
of
his
career.
The
league
minimum
for
a
rookie
contract
in
the
NBA
is
close
to
55
http://www.si.com/nba/point-‐forward/2014/02/15/adam-‐silver-‐all-‐star-‐press-‐conference-‐nba.
(Last visited October 18, 2014).
56
Nat'L Soc‘y of Prof'L Eng‘rs, 435 U.S. 679 at 691.
19. 19
half
a
million
dollars.57
The
age
restriction
hinders
the
possibility
of
making
a
lucrative
salary
straight
out
of
high
school.
The
restriction
seems
to
add
strength
to
the
owners
of
the
league
as
opposed
to
the
players
because
the
union
has
been
publically
opposed
to
any
increases
in
the
age
requirement.
In
turn,
there
doesn’t
seem
to
be
any
pro-‐competitive
effects.
The
NBA
will
probably
argue
that
the
collective
bargaining
agreement
makes
it
exempt
from
any
antitrust
violations
under
the
nonstatutory
labor
exemption
the
Sherman
Act.
While
this
may
be
true,
unionized
players
may
have
to
concede
many
of
their
rights
in
bargaining
sessions
in
order
to
begin
working
in
an
effort
to
avoid
a
work
stoppage,
or
in
the
case
of
major
league
sports,
lockouts.
In
addition,
as
history
and
case
law
has
shown,
a
major
league
sports
organization
cannot
unilaterally
increase
its
age
requirement.58
If
one
side,
the
power
house
of
owners
who
are
insistent
on
increasing
the
age
requirement,
while
the
other
side,
which
includes
veteran
players
and
rookies
cannot
agree,
a
work
stoppage
is
likely.
If
the
draft
policy
of
the
MLB
is
adopted
by
the
NBA,
the
younger
players
can
determine
their
fate
by
deciding
to
turn
pro
or
seek
the
benefits
of
having
at
least
three
years
of
a
college
education
while
simultaneously
being
prepared
for
the
NBA.
This
adoption
will
promote
competition
not
only
among
professional
basketball
leagues,
but
also
among
NCAA
member
institutions,
because
their
freshman
student-‐athletes
will
be
going
into
intercollegiate
athletics
with
an
understanding
57
Aschburner,
Steve.
"NBA's
'average'
Salary
-‐-‐
$5.15M
-‐-‐
a
Trendy,
Touchy
Subject."
Nba.com.
NBA
Media
Ventures,
LLC,
9
Aug.
2011.
Web.
9
Apr.
2015.
<http://www.nba.com/2011/news/features/steve_aschburner/08/19/average-‐salary/>.
58
Edelman,
Marc.
"Why
Commissioner
Silver's
Attempt
To
Raise
The
NBA
Age
Requirement
Is
A
Colossal
Mistake."
Forbes.
Forbes.com
LLC,
21
Feb.
2014.
Web.
8
Apr.
2015.
<http://www.forbes.com/sites/marcedelman/2014/02/21/why-‐commissioner-‐silvers-‐attempt-‐to-‐
raise-‐the-‐nba-‐age-‐requirement-‐is-‐a-‐colossal-‐mistake/>.
20. 20
that
their
draft
eligibility
for
the
NBA
will
occur
once
they
complete
their
junior
year.
Owners
and
players
alike
have
benefitted
from
the
current
age
restriction.
In
2006,
when
the
NBA
and
NBPA
bargained
over
the
restriction,
veteran
players
saw
this
is
an
opportunity
to
save
a
roster
spot
so
that
a
younger
player
doesn’t
take
their
job.59
For
owners,
the
restriction
allows
for
the
entry
of
trained
players,
albeit
having
one
year
of
intercollegiate
competition
experience.
Ultimately,
the
current
restriction
and
the
possibility
of
increasing
the
minimum
age
may
place
the
NBA
in
tremendous
risk
of
antitrust
liability.
It
will
be
in
the
best
interests
of
both
parties,
the
NBA
and
NBPA
to
adopt
the
MLB’s
draft
policy.
B.
Professional
leagues
and
NCAA
More
and
more
college
level
players
are
not
receiving
the
quality
of
education
that
they
signed
up
for.
According
to
an
article
by
Sara
Ganim,
of
Cnn.com,
the
article
title
reads:
“Some
college
athletes
play
like
adults,
read
like
5th-‐graders.”
There
is
correlation
here
between
the
professional
leagues
and
the
NCAA.
Ganim
states
that
a
CNN
investigation
found
public
universities
across
the
country
where
many
students
in
the
basketball
and
football
programs
could
read
only
up
to
an
eighth-‐grade
level.60
At
the
University
of
North
Carolina
at
Chapel
Hill
(UNC),
learning
specialist,
Mary
Willingham
once
met
with
a
student
who
wanted
to
learn
59
Kevin J. Cimino, The Rebirth of the NBA - Well, Almost: An Analysis of the Maurice Clarett Decision
and Its Impact on the National Basketball Association, 108 W. Va. L. Rev. 831, 854
(2006).
60
http://www.cnn.com/2014/01/07/us/ncaa-‐athletes-‐reading-‐scores/
21. 21
how
to
read
well
enough
so
that
he
could
read
an
article
about
himself
in
the
newspaper.61
Recently,
UNC
dismissed
an
academic
counselor,
accepted
the
resignation
of
a
faculty
member,
and
is
in
the
process
of
trying
to
fire
a
senior
professor
for
falsifying
student-‐athletes’
academic
records.62
The
NCAA
previously
closed
an
investigation
into
the
academic
fraud
allegations
in
2002,
but
reopened
it
because
additional
people
have
come
forward
with
allegations.63
However,
colleges
or
universities
should
be
based
largely
on
formal
education.
NCAA
member
institutions
should
not
be
used
as
some
sort
of
“farming
system”
for
amateur
athletes
who
have
hopes
of
turning
pro.
The
previous
statement
by
the
Commissioner
is
rather
astounding.
Not
once
did
he
mention
the
topic
of
education.
If
one
looks
closely
at
his
words,
he
appears
intent
on
using
“seasoned”
college
basketball
players
to
possibly
ease
the
stress
of
the
NBA.
Why
should
the
NBA
have
to
“baby-‐sit”
an
18-‐year
old
kid?
If
you
own
a
professional
sports
corporation,
you
should
expect
that
a
star
high
school
basketball
player
would
just
add
to
the
value
of
your
league.
Commissioner
Silver
made
it
known
to
the
general
public
that
he
wants
input
from
the
NCAA
about
raising
the
age
limit.64
NCCA
president,
Mark
Emmert,
stuck
to
61
Id.
62
"North
Carolina
Firing
Faculty
for
Roles
Academic
Fraud
Scandal."
USA
Today
1
Jan.
2015.
The
Associated
Press.
Web.
5
Apr.
2015.
<http://www.usatoday.com/story/sports/college/2015/01/01/north-‐carolina-‐firings-‐academic-‐
scandal/21151579/>.
63
Adelson,
Andrea.
"NCAA
Again
Investigating
UNC."
Espn.com.
ESPN
Internet
Ventures,
30
June
2014.
Web.
9
Apr.
2015.
<http://espn.go.com/espn/story/_/id/12607201/hobey-‐baker-‐award-‐
finalists-‐jack-‐eichel-‐zane-‐mcintyre-‐jimmy-‐vesey>.
64
Zillgitt,
Jeff.
"NBA's
Adam
Silver
Wants
NCAA
Input
on
Higher
Age
Limit."
USA
Today.
USATODAY,
18
Apr.
2014.
Web.
24
Dec.
2014.
<http://www.usatoday.com/story/sports/nba/2014/04/18/adam-‐silver-‐commissioner-‐age-‐limit-‐
draft-‐board-‐of-‐governors/7879115/>.
22. 22
his
promise,
and
he
met
with
NBA
executives
about
this
idea.65
Silver
said,
One
thing
that
we
also
agree
on
is
that
historically
what
you've
heard
is
that
the
age
issue
is
one
that
needs
to
be
negotiated
almost
in
isolation
between
the
NBA
and
its
union."
Silver
said.
"What
Dr.
Emmert,
and
I
agree
on
is
that
the
NCAA
needs
to
have
a
seat
at
the
table,
as
well,
for
those
discussions.66
It
is
quite
clear
from
these
words
that
the
professional
leagues
work
hand
in
hand
with
the
NCAA.
At
the
meetings,
Silver
said
that
both
parties
have
discussed
the
possibility
of
reducing
the
shot
clock
in
NCAA
basketball
games
from
34
seconds
to
that
of
24
in
the
NBA.67
In
many
ways,
their
interests
are
aligned
here.
If
the
NCAA
is
deciding
on
making
the
game
more
suitable
for
the
NBA,
we
have
a
major
problem
here.
The
main
purpose
of
a
student
athletic
scholarship
should
be
to
fulfill
those
academic
requirements.
If
the
NBA
is
only
concerned
with
the
“farming”
aspect
of
the
athlete,
the
educational
aspect
does
not
seem
to
be
a
top
priority.
If
the
NBA
really
wanted
to
work
with
the
NCAA
in
ensuring
that
student-‐athletes
receive
some
formal
education
before
foregoing
their
NCAA
eligibility,
perhaps
the
NBA
can
provide
scholarships
for
NBA
players
once
they
retire
or
during
the
off-‐season.
In
the
National
Basketball
Development
League
or
NBDL,
once
you’re
18,
you
are
eligible
to
play.
This
has
been
an
attempt
by
the
NBA
to
show
some
transparency
in
regard
to
the
constant
debate
of
the
student
athlete
versus
the
professional
athlete.
However,
the
NBDL
cannot
go
toe-‐to-‐toe
with
major
basketball
schools
such
as
the
University
of
Kentucky,
Oklahoma,
Syracuse,
and
the
like.
Young
men
view
these
schools
as
the
ultimate
ground
for
exposure.
A
great
example
of
this
issue
65
Id.
66
Id.
67
Windhorst,
Brian.
"Adam
Silver:
Age
Limit
Top
Priority."
ESPN.
ESPN
Internet
Ventures,
18
Apr.
2014.
Web.
5
Jan.
2015.
<http://espn.go.com/nba/story/_/id/10803355/adam-‐silver-‐says-‐pushing-‐
back-‐nba-‐age-‐limit-‐top-‐priority>.
23. 23
occurred
recently
with
standout
18-‐year-‐old
Congolese-‐American
basketball
player,
Emmanuel
Mudiay.
Mudiay
was
intent
on
playing
college
basketball
for
coach
Larry
Brown
at
Southern
Methodist
University
in
Dallas,
Texas.68
After
thoughtful
consideration
by
weighing
the
factors
of
his
family
needs
and
the
possibility
of
foregoing
his
freshman
year,
his
exact
words
were:
I
was
excited
about
going
to
SMU
and
playing
college
basketball
for
coach
Brown
and
his
staff
and
preparing
for
the
NBA,…But
I
was
tired
of
seeing
my
mom
struggle.
And
after
sitting
down
with
coach
[Larry]
Brown
and
my
family,
we
decided
that
the
best
way
for
me
to
provide
for
my
mom
was
to
forgo
college
and
pursue
professional
basketball
opportunities.
I
am
grateful
for
Prime
Prep
coach
[Ray]
Forsett
for
developing
me
into
the
player
and
man
that
I
am,
and
I
am
also
grateful
for
coach
Brown's
guidance
and
his
support.
This
has
nothing
to
do
with
my
eligibility
in
any
way.
Ultimately,
Mudiay
decided
that
going
to
college
for
one
year
would
lower
his
potential
to
make
money.
At
the
root
of
Mudiay’s
concern,
is
whether
he
can
support
his
mother.
I’m
sure
that
many
people
who
have
been
in
circumstances
in
which
having
the
ability
to
earn
a
living
and
being
able
to
support
one’s
family,
was
a
top
priority
at
some
point
in
their
lives.
His
coach,
Larry
Brown,
respectfully
supports
his
decision,
but
blames
the
NBA’s
eligibility
rules
for
influencing
Mudiay’s
decision.
According
to
Brown:
I thought it was a bad decision but I'm going to support him because he decided to come
with us because he trusted us and thought we could help him," Brown said...My theory is
Emmanuel is going to make it. He's that good and he's a great kid. But it's not going to be
good for everybody. And I'm afraid that there's a lot of people out there that are going to
push people in that direction. Unfortunately, there's agents and so-called agents pushing
them that way and I worry about that. If the NBA would ever get a hold of this thing and
make it like baseball, it would be better.
Again,
there
seems
to
be
this
belief
that
that
MLB’s
draft
rules
are
a
great
model.
68
Winn,
Luke.
"Elite
Recruit
Mudiay
Won't
Attend
SMU,
Plans
to
Play
Overseas."
Sports
Illustrated.
Time
Inc.,
14
July
2014.
Web.
5
Jan.
2015.
<http://www.si.com/college-‐
basketball/2014/07/14/emmanuel-‐mudiay-‐smu-‐overseas>.
24. 24
Recently,
the
NCAA
basketball
tournament
has
reignited
debates
about
the
age
restriction
in
the
NBA.
The
NCAA
is
actually
considering
reinstituting
a
rule
from
1972,
which
declared
freshman
players
ineligible.69
A
student-‐athlete
would
be
considered
as
being
“red-‐shirted”
for
that
academic
year.70
There
is
a
popular
sentiment
amongst
college
coaches
and
administrators
that
having
freshmen
sit
out
for
their
first
year
will
allow
them
to
focus
on
their
education.
The
college
powerhouse,
University
of
Kentucky’s
men’s
basketball
team,
has
a
total
of
7
players,
who
have
just
declared
their
eligibility
for
the
NBA
draft,
thus
foregoing
their
NCAA
eligibility
in
school.71
The
rule
in
the
NBA
is
the
number
one
cause
for
this
issue
and
a
rule
change
will
resolve
that.
While
NBA
and
NCAA
officials
may
not
state
publically
that
one
organization
influences
the
other,
statistics
show
the
impact
that
the
age
requirement
has
on
both
organizations.
According
to
a
recent
article
in
U.S.
News
&
World
Report,
the
current
age
restriction
or
possible
raise
in
required
age
eligibility
may
limit
the
athletic
lifespan
of
players.72
69
Solomon,
Jon.
"Freshman
Ineligibility?
Conference
Commissioners
at
Least
considering
It."
CBS
Sports.
CBS
Interactive,
13
Feb.
2015.
Web.
8
Apr.
2014.
<http://www.cbssports.com/collegefootball/writer/jon-‐solomon/25067832/freshman-‐ineligibility-‐
ncaa-‐conference-‐commissioners-‐at-‐least-‐considering-‐it>.
70
A
“red-‐shirt”
is
a
student-‐athlete
who
does
not
engage
in
intercollegiate
competition
but
is
allowed
to
enroll
in
classes.
71
Tipton,
Jerry,
and
Ben
Roberts.
"Record
7
Kentucky
Basketball
Players
Will
Enter
NBA
Draft."
Kentucky.com.
9
Apr.
2015.
Web.
9
Apr.
2015.
<http://www.kentucky.com/2015/04/09/3792713/record-‐7-‐kentucky-‐basketball-‐players.html>.
72
Garofalo,
Pat.
"The
NBA
Age
Limit
Is
(March)
Madness."
U.S.
News
&
World
Report.
27
Mar.
2015.
Web.
4
May
2015.
<http://www.usnews.com/opinion/blogs/pat-‐garofalo/2015/03/27/nba-‐age-‐
limit-‐is-‐march-‐madness>.
25. 25
C.
NFL
Minor
League
System
The
NFL
must
invest
in
a
minor
league
system.
According
to
a
recent
poll,
the
NFL
is
the
most
popular
sport
in
the
United
States
for
a
30th
consecutive
year.73
This
shows
that
the
NFL
has
sustained
a
powerful
business
model,
which
includes
a
strong
fan
following,
and
athletes
who
promote
the
business.
When
a
young
boy
believes
that
he
can
make
it
to
the
NFL,
he
knows
that
he
must
start
from
an
early
age
and
somehow
sign
with
a
big
name
university
before
he
can
make
it
to
the
NFL.
Therein
lies
the
problem.
What
if
that
same
boy,
who
is
now
a
high
school
graduate,
had
the
ability
to
play
for
a
minor
league
team
for
the
NY
Giants,
for
example?
If
not,
should
he
just
go
to
college
to
fulfill
a
requirement
for
the
NFL,
rather
than
because
he
wants
a
degree?
On
many
levels,
the
average
person
can
see
with
their
own
two
eyes
that
these
players
on
the
NFL
are
usually
large
men
with
special
physical
attributes.
In
comparison,
many
of
the
college
players
have
those
same
attributes
with
the
ability
to
gain
more
skills
when
they
are
drafted
into
the
NFL.
If
the
NFL
invested
in
a
minor
league
system,
high-‐school
graduates
will
1)
Have
the
choice
of
playing
collegiate
level
football
or
not,
2)
The
athletes
can
hone
their
physical
skills,
3)
The
NFL
executives
can
determine
which
athletes
are
cut-‐out
to
make
it
on
the
“big
stage.”
According
to
a
recent
article
in
the
Wall
Street
Journal,
the
idea
of
a
minor
league
system
may
be
costly,
but
by
dropping
the
draft
age
to
18
and
instituting
a
73
Schwartz,
Nick,
and
Tim
McGarry.
"The
NFL
Is
the
Most
Popular
Sport
in
America
for
the
30th
Year
Running."
USA
Today
Sports.
USATODAY,
26
Jan.
2014.
Web.
5
Jan.
2015.
<http://ftw.usatoday.com/2014/01/nfl-‐most-‐popular-‐sport-‐poll>.
26. 26
new
draft
rule,
much
like
that
of
Major
League
Baseball,
the
NFL
will
be
less
susceptible
to
antitrust
lawsuits.74
The
NCAA
acts
as
a
“farm”
system
for
the
professional
leagues.
Therefore,
the
professional
leagues
do
not
have
to
pay
a
single
penny
in
order
for
their
prospective
rookies
to
have
learned
how
to
play
at
a
“certain”
level.
Investing
in
a
minor
league
would
act
a
solution
to
the
many
issues
facing
college
football
players
and
the
social
issues
of
whether
student-‐athletes
receive
their
college
education.
V. Social Ramifications of Age Restrictions
When
I
was
a
young
boy,
my
father
asked
me
if
I
wanted
to
try
out
for
a
youth
soccer
team.
As
any
enthusiastic
rambunctious
child,
I
was
eager
to
participate.
When
I
realized
that
my
athletic
skills
were
definitely
not
up
to
par,
my
parents
recognized
that
certain
physical
gifts
were
not
in
my
DNA
and
they
allowed
me
to
withdraw
from
the
team.
There
is
a
societal
pressure
that
exists
because
of
the
flashiness
of
collegiate
and
professional
sports.
That
is
particularly
true
in
the
African
American
community.
I
will
examine
the
social
implications
of
these
pressures
and
how
the
age
restrictions
play
a
major
role
in
the
million-‐dollar
question,
“Am
I
going
to
school
for
education
or
to
be
a
professional
athlete?”
According
to
a
study
at
California
State
University,
“[R]esults
indicate
that
relative
to
White,
Hispanic
and
Asian
youth,
African
American
youth
are
more
likely
to
receive
74
Futterman,
Matthew.
"How
the
NFL
Can
Save
College
Football—And
Make
a
Profit
What
If
the
NFL
Started
Its
Own
Minor
League?"
Wall
Street
Journal.
Dow
Jones
and
Company,
Inc.,
27
Mar.
2014.
Web.
5
Jan.
2015.
<http://www.wsj.com/articles/SB10001424052702303643304579107890642545178>.
27. 27
encouragement
for
sports
participation
from
all
sources...”75
Young
athletes
who
graduate
high
school
want
to
take
their
talents
to
the
next
level—the
professional
leagues,
the
NBA
and
NFL.
According
to
world
renowned
lawyer
and
sports
writer,
Michael
McCann,
“[O]ver
the
last
eleven
years,
we
have
seen
forty-‐seven
high
school
players
attempt
to
jump
to
the
NBA—and,
remarkably,
forty-‐two
of
them
are
or
were
on
NBA
rosters.”76
The
following
charts
illustrate
the
number
of
African
Americans,
as
of
October
2013,
playing
in
the
NFL
and
NBA,
respectively.
75
Shakib, Sohaila, and Philip Veliz. "Race, sport and social support: A comparison between African
American and White youths’ perceptions of social support for sport participation." International Review for
the Sociology of Sport 48.3 (2013): 295-317.
76
Michael A. McCann & Joseph S. Rosen, Legality of Age Restrictions in the NBA and the NFL, 56 Case
W. Res. L. Rev. 731, 754 (2006).
28. 28
77
Given
the
percentages
of
African-‐Americans
in
the
NBA
and
the
NFL,
they
are
likely
to
be
the
group
most
affected
by
any
rule
changes
regarding
eligibility
in
those
leagues.
African-‐American
parents
are
four
times
more
likely
than
white
parents
to
believe
their
children
could
make
it
in
the
professional
leagues.78
Well,
why
such
high
hope?
The
average
black
household’s
net
worth
is
a
tenth
of
whites.79
This
hope
reveals
the
economical
and
educational
gap
that
exists
in
African-‐American
communities.
Too
often
African
Americans
view
a
chance
to
be
a
professional
athlete
as
the
fastest
trajectory
out
of
poverty.
This
begins
with
forcing
a
young
child
to
play
sports.
In
theory,
having
a
player
play
three
years
of
collegiate
football
sounds
great,
but
if
that
player
leaves
after
his
junior
year,
he
foregoes
his
scholarship
and
has
shown
what
his
intent
was
from
the
very
beginning.
According
to
the
above
77
Chalabi,
Mona.
"Three
Leagues,
92
Teams
And
One
Black
Principal
Owner."
FiveThirtyEight.
ESPN
Internet
Ventures,
28
Apr.
2014.
Web.
7
Jan.
2015.
<http://fivethirtyeight.com/datalab/diversity-‐in-‐
the-‐nba-‐the-‐nfl-‐and-‐mlb/>.
78
Stanley
D.
Eitzen,
“Upward
Mobility
Through
Sport?
The
Myths
and
Realities,”
Sport
in
Contemporary
Society:
An
Anthology,
6th
ed.
(Madison:
Worth
Publishers,
2001),
256-‐63.
79
Id.
29. 29
statistics
and
data,
because
many
players
are
African
American
and
come
from
lower
socio-‐economic
demographics,
the
student-‐athletes
are
a)
less
prepared
for
college,
b)
have
lower
options
for
scholarships
or
education
outside
sports,
c)
less
economic
support
from
their
families,
d)
have
a
greater
need
for
immediate
pay-‐out
on
skills
that
have
a
limited
time
frame
and
e)
have
social
influences
that
focus
on
sports
as
an
important
value
and
avenue
to
success.
Within
the
African
American
community,
we
idolize
black
athletes
who
have
become
success
stories
whether
they
have
come
from
humble
beginnings
or
not.
In
2014,
when
LeBron
James
decided
to
opt-‐out
of
his
contract
with
the
Miami
Heat,
he
was
asked
about
his
experience
of
playing
for
the
Heat
organization,
and
James
said,
Miami,
for
me,
has
been
almost
like
college
for
other
kids.
These
past
four
years
helped
raise
me
into
who
I
am.
I
became
a
better
player
and
a
better
man.
I
learned
from
a
franchise
that
had
been
where
I
wanted
to
go.
I
will
always
think
of
Miami
as
my
second
home.
Without
the
experiences
I
had
there,
I
wouldn’t
be
able
to
do
what
I’m
doing
today.80
At
first
glance,
one
might
question
what
he
meant
by
that,
because
the
average
college
graduate
may
spend
at
least
4
years
in
school
trying
to
maintain
the
required
credits
to
receive
a
diploma.
It
is
possible
that
James
was
simply
stating
that
his
4
years
as
a
member
of
the
Miami
Heat
was
a
learning
experience
for
him
as
a
professional
athlete
while
simultaneously
having
the
ability
to
grow
and
foster
great
relationships
with
fellow
superstars,
such
as,
Dwayne
Wade
and
Chris
Bosh,
with
whom
he
entered
the
draft
with.
If
we
look
deeper
into
his
words,
we
can
infer
that
if
James
did
decide
to
go
to
a
big
name
university
to
play
amateur
basketball,
his
80
Manfred,
Tony.
"LeBron
James
Perfectly
Describes
Four
Years
In
Miami
As
His
'College'"
Business
Insider.
Business
Insider
Inc.,
11
July
2014.
Web.
30
Apr.
2015.
<http://www.businessinsider.com/lebron-‐james-‐miami-‐college-‐2014-‐7>.
30. 30
primary
intention
may
have
been
to
seek
the
exposure,
receive
training
for
the
next
level,
and
increase
his
draft
stock.
By
no
means
does
this
make
James
a
“bad”
guy;
it
just
goes
to
show
that
there
are
some
athletes
who
do
not
believe
that
they
should
be
forced
to
play
for
a
collegiate
institution
when
their
prime
goal
is
to
play
professional
sports.
The
alternative
would
be
a
“pay-‐to-‐play”81
discussion,
which
has
been
heavily
debated
throughout
the
country.
Ultimately,
negotiations
regarding
the
collective
bargaining
agreement
between
the
NBA
and
NBPA
will
settle
this
debate.
According
to
the
executive
director
of
the
National
Basketball
Players
Association,
Ms.
Michele
Roberts,
“You
have
a
limited
life
to
make
money
as
a
basketball
player.
Anything
that
limits
those
opportunities
is
distressing
to
me.
I
view
[the
age
minimum]
as
just
another
device
that
serves
to
limit
a
players'
ability
to
make
a
living,”82
Having
athletic
ability
is
crucial
to
their
profession
and
unlike
other
professions
in
which
people
do
not
have
to
use
their
physical
gifts
on
a
daily
basis,
athletes
will
benefit
from
an
extra
year
of
competition.
The
players
voted
Michele
Roberts
as
their
representative
for
many
reasons,
namely,
her
stance
on
the
age
requirements.
Therefore,
Ms.
Roberts
states
what
the
majority
of
NBA
players
desire
and
fight
for.
If
NBA
players
prefer
to
have
the
ability
to
earn
a
living
once
they
are
18
years
of
age,
then
the
NBA
should
be
open
to
that
proposal.
81
Pay-‐to-‐Play
is
a
term
used
to
refer
to
whether
student-‐athletes
should
receive
some
form
of
compensation.
82
Id.,
Garofalo.
31. 31
VI. State laws and Minors
A.
Issues
Relating
to
National
Letters
of
Intent
When
high
school
graduates
decide
to
play
collegiate
level
sports,
they
have
to
sign
what
is
known
as
a
letter
of
intent
with
their
prospective
schools.83
The
National
Letter
of
Intent,
known
as
“NLOI”
or
“NLI”
was
established
in
1964
as
a
means
for
college
coaches
to
recruit
players
without
competition
from
other
conference
member
schools.84
Initially,
the
document
was
meant
to
be
distributed
within
conferences,
however
the
Collegiate
Commissioners
Association,
initiated
a
National
letter
of
intent
to
ensure
that
a
player
attend
an
institution
for
one
academic
year
in
return
for
financial
aid.85
Today,
the
NCAA
eligibility
center
ensures
compliance
with
and
oversees
many
aspects
of
the
NLOI
program.86
The
main
issue
here
is
that
many
of
the
NLOI’s
are
usually
signed
by
athletes
who
have
yet
to
turn
the
age
of
18,
or
the
age
of
legal
capacity
in
many
jurisdictions,
in
which
an
individual
can
be
legally
bound
to
a
contract.87
However,
when
minors
sign
these
contracts,
the
common
law
then
allows
them
to
disaffirm
the
contract.88
83
Debra
D.
Burke
&
Angela
J.
Grube,
The
NCAA
Letter
of
Intent:
A
Voidable
Agreement
for
Minors?,
81
MISS.
L.J.
265,
268
(2011).
84
Id.
at
268.
85
Id.
86
Id.
87
Restatement
(Second)
of
Contracts
§
12
(1981).
For
a
summary
of
capacity
as
a
contractual
requirement
and
the
common
law
rules
applied
to
minors
see
42
Am.
Jur.
2d
Infants
§§
39-‐136
(2010).
88
Mellott
v.
Sullivan
Ford
Sales,
236
A.2d
68,
70
(Me.
1967).
Similar
protection
is
afforded
to
minors
by
the
civil
law
in
Louisiana.
Melvin
John
Dugas,
The
Contractual
Capacity
of
Minors:
A
Survey
of
the
Prior
Law
and
the
New
Articles,
62
Tul.
L.
Rev.
745
(1988)
(discussing
the
Civilian
Code
and
Louisiana
law).
For
a
discussion
of
the
infancy
doctrine
and
comparison
of
the
law
of
the
United
States
and
England,
see
Simon
Goodfellow,
Note,
Who
Gets
the
Better
Deal?:
A
Comparison
of
the
U.S.
and
English
Infancy
Doctrines,
29
Hastings
Int'l
&
Comp.
L.
Rev.
135
(2005).
