Essay on Legality of NBA and NFL Age Limits in Case Western Reserve Law Review
Boston sports agent (and Boston College Law adjunct professor of sports and entertainment law) Joe Rosen and I have just posted on the Social Science Research Network our essay Legality of Age Restrictions in the NBA and the NFL, 56 Case Western Reserve Law Review __ (forthcoming, 2006). At the conclusion of the essay is a transcript of our panel discussion from last fall's symposium at the Case School of Law on Age Eligibility and Pro Sports. The panel also included Alan Milstein. We had a lively discussion, and it is worth checking out.
Here is an abstract from our essay:
This essay examines age eligibility rules in the National Football League (“NFL”) and the National Basketball Association (“NBA”), offers analysis of related antitrust and labor law issues, and shares perspective on underlying policies. As a matter of background, the NFL and the NBA are the only major sports organizations that prohibit players from entrance until a prescribed period after high school graduation.Major League Baseball, the National Hockey League, NASCAR, professional tennis, professional golf, and professional boxing have no such rules.Individuals can also partake in professional acting, theater, music, and other entertainment professions without satisfying a period after high school graduation.The same is true of those who enlist in the U.S. armed forces and in various occupations that require maturity and discipline.Such an employment landscape raises inquiry as to why NFL and NBA teams, unlike so many other employers, would agree to boycott any candidate, regardless of talent or skill, until a prescribed period after high school graduation.This inquiry enjoys heightened interest when considering that NFL and NBA teams are incomparable employers, as players may not play in other leagues for similar compensation.
We hope you take a look and download our essay. You need an SSRN account to download it, but such an account is free, and I strongly recommend you get one, as it provides you with access to thousands of academic papers and publications.
Jordan would like to see the NBA tinker with its new rule on when players can be drafted. Now, they have to wait one year after high school - he wants it to be two, so they get past their teens.
"I think from an educational and maturity standpoint it should have been at least 20," he said. "That way they get at least two years of college. Colleges get the chance to teach and educate them about the game of basketball and life and it trickles down."
"There's no way that an 18-year-old kid is going to be mature enough to handle some of the business things that they have to deal with on a professional level," he said. "Sure you have your obvious examples of a LeBron (James) and Carmelo (Anthony). But for every one of those, you can think of four or five who missed the boat and made the wrong decision and now they can't find their way," he said.
on Jordan - let's not let 18 year olds play, said the guy who had a well publicized gambling addiction and cheated on his wife. I bought all the Jordan hype along with everyone else, but lets face it, he's not without sin, despite being one of the best marketed individuals in the history of mankind.
And also, I wonder how much of that statement comes from his selection of Kwame Brown? Hmm...
Extremely informative article. Nice job. As an aspiring sports attorney, you provide great insight into topics (particulary the compensation of college athletes) that will be debated heavily in the future.
A couple editing comments: (1) at page 6, footnote 26: "not applicable to the to the NCAA..." should be "not applicable to the NCAA..." and (2) at page 11, last paragraph: "First, according to the Clarett," should be "First, according to Clarett,"
Extremely informative article. Nice job. As an aspiring sports attorney, you provide great insight into topics (particularly the compensation of college athletes) that will be debated heavily in the future.
A couple editing comments: (1) at page 6, footnote 26: "not applicable to the to the NCAA..." should be "not applicable to the NCAA..." and (2) at page 11, last paragraph: "First, according to the Clarett," should be "First, according to Clarett,"
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