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 will probably shield an otherwise successful antitrust suit.
Can't We Play Too?: The Legality of Excluding Preparatory Players from the NBA,
5 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol5/iss1/3