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The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross Jan 2016

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 …


The Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru Jan 2010

The Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru

N. Jeremi Duru

Introduction: During the last several decades, international athletes' presence in professional American sports has reached unprecedented levels. Not all premier professional American sports leagues, however, accommodate internationalization to the same extent. While the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), and Major League Baseball (MLB) do not impose limits on international entrants into their leagues, Major League Soccer (MLS) does. Under a policy established at the league's founding in 1996 (the MILS Policy or the Policy), no MLS team may stock its twenty-person senior roster with any more than eight international players.


Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein Dec 2006

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.