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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 …
Proving An Employer's Intent: Disparate Treatment Discrimination And The Stray Remarks Doctrine After Reeves V. Sanderson Plumbing Products, Laina R. Reinsmith
Proving An Employer's Intent: Disparate Treatment Discrimination And The Stray Remarks Doctrine After Reeves V. Sanderson Plumbing Products, Laina R. Reinsmith
Vanderbilt Law Review
Throughout the development of employment discrimination law, the United States Supreme Court has wrestled with the task of producing a suitable analytical framework, under which plaintiffs can attempt to prove their cases of disparate treatment by their employers. An element of this task has been determining which types of evidence of discriminatory intent have probative value, and what effect that evidence should have on plaintiffs' and defendants' cases. In June 2000, the Supreme Court decided Reeves v. Sander- son Plumbing Products,' a case involving a disparate treatment claim brought by an employee alleging age discrimination by his employer in violation …