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Constitutional Law

University of Miami Business Law Review

2020

Due process

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For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis Mar 2020

For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis

University of Miami Business Law Review

The National Basketball Association (“NBA”) regulates American professional basketball.. After acquiring the New Orleans Hornets in 2010, the NBA temporarily became both the league regulator and a franchise owner. As owner, the NBA vetoed a trade that would have sent the Hornets’s best player to another team. Was the NBA acting out of self-interest when it blocked the trade? In other words, was its trade block fair?

Federal Courts have recently dealt with this issue in Association of American Railroads v. U.S. Department of Transportation. Following a decade of litigation, the D.C. Circuit Court of Appeals decided that granting …