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Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi
Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi
Vanderbilt Journal of Entertainment & Technology Law
This Note illustrates the legal action necessary to secure a high school underclassman's eligibility to compete in the NBA. Following the precedent established by Spencer Haywood in his suit against the NBA, a case factually analogous to the present issue, the NBA faces an anti-trust action alleging a group boycott in violation of Section I of the Sherman Act. However, incorporating the high school graduation rule into a collective bargaining agreement precludes a straightforward antitrust analysis and necessarily implicates the nonstatutory labor exemption. This Note suggests that even under an analysis favorable to the challenging preparatory player, the nonstatutory exemption …