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Topic: Antitrust Law

The Case for Reviving the Four-Year Deal

Ray Yasser | Symposium

Even the most avid sports fan may well not realize that the modern athletic scholarship is no longer a ‘four-year deal.” A quiet evolution has occurred and the traditional four-year deal has been consigned to the dust bin in the athletic director’s office. The modern athletic scholarship is now a one-year deal, renewable at the sole discretion of the university. The hypothesis of this Essay is that a viable antitrust cause of action exists on behalf of a scholarship recipient whose scholarship is not renewed, either because he or she has disappointed the coach or is no longer able to [...]

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Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining

Michael H. LeRoy | Symposium

Using textual analysis and data from federal court opinions, I explore the relationship between collective bargaining and antitrust litigation in baseball, football, basketball, and hockey. My study draws from legal and industrial relations theories to explain how labor agreements in professional sports are settled by collective bargaining or antitrust litigation. First, when courts do not define the antitrust-labor law boundary so that labor disputes are exempt from their jurisdiction, they open an alternative path to bargaining these agreements. Second, when courts entertain antitrust lawsuits, they raise the odds that economic weapons under the NLRA will not be used because of [...]

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The Downside of Success: How Increased Commercialism Could Cost the NCAA Its Biggest Antitrust Defense

Jeffrey J.R. Sundram Tul. L. Rev. Comment

This Comment examines how the evolution of the NCAA, from an organization designed to promote fair competition and integrate intercollegiate sports into higher education, to a tax-exempt entity with annual revenues of over $500 million, could affect its favored antitrust status by the courts. The Comment first discusses how the NCAA has evolved over time. The author then examines how courts struggled to evaluate the organization’s antitrust liability, given its role in promoting amateurism, and how a Supreme Court loss ultimately helped shield the NCAA from antitrust liability in its dealings with student-athletes by accepting the preservation of amateurism as [...]

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