Law Commons^™

"Eighteen Million Over": The National Hockey League's Long Term Injured Reserve Parity Challenge, Bernard Horowitz, Robert Luther Iii

Marquette Sports Law Review

No abstract provided.

The “Fundies” Of Adr In The Nhl, Niko Tsiouvaras

Pepperdine Dispute Resolution Law Journal

This note seeks to provide to an overview of how the fundamentals (or “fundies” in hockey circles) of ADR can be applied to the NHL’s most pressing issues. It will analyze two areas specifically: the overall CBA negotiations in the big picture and the RFA system in a narrower view. Part II will provide context of the events leading up to the current NHL landscape. It will outline the history of NHL–NHLPA relations, describe the main issues influencing the upcoming CBA negotiations, and explain the workings of the RFA system. Part III will then present and discuss proposed solutions to …

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

Two Minutes For Unfair Restraint: How The Nhl-Chl Player Transfer Agreement Serves As A Catalyst For Abuse Of Dominance, Alex Dourian

American University Business Law Review

I. INTRODUCTION

The NHL-CHL Player Transfer Agreement (“Agreement”) is an arrangement between the National Hockey League (“NHL”) and Canadian Hockey League (“CHL”). It stipulates that an NHL club must return any CHL player drafted and signed to an NHL entry-level contract (“ELC”) to his CHL club if the NHL club does not retain that player on its active roster at the start of the season. The Agreement applies solely to CHL players ages 18 and 19. Its language limits the ability of these players to play in alternative leagues around the world and thus capture adequate compensation pursuant to their …

The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real

Pepperdine Dispute Resolution Law Journal

This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

None

Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton

Maine Law Review

The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have forgotten …

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross

Stephen F Ross

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance …

Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann

Journal of the National Association of Administrative Law Judiciary

This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.

Cross-Checking: An Overview Of The International Tax Issues For Professional Hockey Players, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

None

Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux

Marquette Sports Law Review

No abstract provided.

2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown

Marquette Sports Law Review

No abstract provided.

Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein

Adam Epstein

The purpose of the paper is to explore the minimum age policies of the Big Four sports leagues in the United States (NBA, NFL, MLB and NHL), and discuss the history of their policies. Emphasis is given to the legal battles waged by Spencer Haywood (NBA) and Maurice Clarett (NFL). A discussion of other sports and their minimum age policies is presented as well. The study and history of relevant antitrust law is incorporated as well.

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross

Journal Articles

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the …

Is Canada Overstepping Its Borders? The Alberta Province Tax Specifically Targets Professional Hockey Players In Order To Help Finance Its Professional Franchises, Alan Pogroszewski

Marquette Sports Law Review

No abstract provided.

Book Review: Game Misconduct: Alan Eagleson And The Corruption Of Hockey, Scott A. Jensen

Marquette Sports Law Review

None

Negotiations Involving Agents And General Managers In The Nhl, Brian Burke

Marquette Sports Law Review

No abstract provided.

Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett

Marquette Sports Law Review

No abstract provided.

Legal Analysis Of The Nhl Player's Contract, Joseph M. Weiler

Marquette Sports Law Review

No abstract provided.

A Face Off Between The National Hockey League And The National Hockey League Players' Association: The Goal A More Competitively Balanced League, Ian Craig Pulver

Marquette Sports Law Review

No abstract provided.