Sports Law Blog |
All things legal relating to the sports world... |
|
Main Page
Atom Feed RSS Feed Honored by Fast Company as one of Three Best Sports Business Blogs and by the American Bar Association Journal as a Top 100 Law Blog Contributors Rick Karcher Michael McCann Geoffrey Rapp Greg Skidmore Howard Wasserman Guest Contributors Mark Conrad andre douglas pond cummings Marc Edelman Ed Edmonds Timothy Epstein Gabriel Feldman Stijn Francis Paul Haberman David Katz Alan C. Milstein Other Guests Sports Law Blog (one word) -at- gmail -dot- com Recent Posts My First SI.com Column: Michael Vick's Plea Deal a... Economics of Steroid Use Fantasy Meets Reality (Part II) Thoughts on Michael Vick, Ruben Patterson, and Law... Michael Vick and The Influence of Adult Heroes American Acquiescence to Dog Fighting and Michael ... Mark Hyman's Book Project Eddie Gaedel and the ADA New sports law scholarship Thoughts on Michael Vick, Tim Donaghy, and Basebal... Our Publications Rick Karcher's Law Review Articles on SSRN Michael McCann's Law Review Articles on SSRN Michael McCann's SI.com Columns Geoffrey Rapp's Law Review Articles on SSRN Greg Skidmore's A Proposal to Pay College Athletes and the Impending Conflict with Title IX Howard Wasserman's Law Review Articles on SSRN Our Social Network Pages Sports Blogs & Links ACC BasketBlog AOL NBA Fanhouse Baseball Crank Baseball Musings BasketBloom Beaneball Big East Basketball Report Bioethics and Sport Blog Maverick Blog a Bull Boston Dirt Dogs Boston Sports Media Watch Celtics Blog Celtics Stuff Live Chris Isidore/CNN Money College Basketball Blog College Athletics Clips Darren Rovell's Gatorade Blog Darren Rovell's SportsBiz Deadspin Don Walker's Bus.-Sports Blog DraftExpress Duke Basketball Report ESPN Federal Baseball Hoya News I Heart Celtics Ian On Sports Infinite Intensity Jones On The NBA Just Another Blog on Sports Keeping Score: The Media and Women's Sports Legal Issues-College Athletics National Football Post NBA Draft Net Only Baseball Matters Off Wing Opinion Playbooks and Profits Remember Black Baseball Sabernomics Sports Blog Sports Business Daily Sports Business News Sports Central Sports Court Sports Crumedgeon Sports Filter Sports Illustrated Sports Judge Sports Media Review Sports Overload Sports Policy Blog Sports Prof Teal Sunglasses The Sports Economist True Hoop True Hoop ESPN USA Rugby Blog Women's Hoops Blog Zagsblog (Adam Zagoria) Sports Law Resources ABA Forum on Sports All Sports Agents Directory Athlete Agent Blog Connecticut Sports Law Denver Sports Ent. L.J. DePaul J. Sports L. Duke Center Sports Law/Policy Duke Sports & Ent. L. Society Find Law Sports FIU Sports & Entertainment Law Florida Coastal Center for Law and Sports Florida Coastal Database of College Coaches Contracts History of Sports and the Human Condition I Want to be a Sports Agent Illinois J. Bus. L. Society Lex Sportiva (Portugese) LII: Sports (Cornell University) Marquette Sports Law Program Mark Alesia's NCAA Study National Sports and Entertainment Law Society National Sports and Entertainment Law Society Blog Orpheus Sports and Entertainment Seton Hall J. Sports & Ent. L. Sports Law Review Sports Lawyers Assoc. Sports Litigation Alert Texas Rev. Ent. & Sports L. The Sports Lawyers Journal Title IX Blog Vanderbilt J. Ent. & Tech. L. Vermont Law School Sports and Entertainment Law Society Villanova Sports & Ent. L. J. Virginia Sports & Ent. L. J. Willamette Sports L. J. World Sports Law Report Law Blogs Antitrust Review Concurring Opinions Conglomerate Contracts Prof Blog Crim Prof Blog Crime and Federalism En Passant Franchise Law Blog Houston's Clear Thinkers How Appealing Inside Legal Blogs JD2B Law and Letters Law Career Blog LawCulture Legal Theory Blog Madisonian.Net Media Law Prof Blog MoneyLaw Neuroethics and Law Blog Overlawyered Harvard Law Professor Paul Weiler's Blog Real Lawyers :: Have Blogs Sex Crimes Law Blog Southern California Law Blog Sports Law Professor Supreme Court Blog Taxonomy of Legal Blogs TaxProf Blog The Legal Scoop The Situationist Trademark Blog Truth on the Market Volokh Conspiracy Wall Street Journal Law Blog Workplace Prof Blog Other Links Blog Search Engine Chris Uggen (Sociology Blog) Economics Roundtable Filsteu Florida Coastal School of Law Fuss is Human-Rant is Divine! Google Blog Search Harvard Business Sports Club Harvard Law Record Inside Higher Education Journeys of Jack Tripper Market Power Mississippi Coll. School of Law New Scientist Picks and Policy SSRN Technorati The Metropolis Times Univ. of Toledo College of Law Washington Monthly Wordsmith's Dance Disclaimer Information contained on this site is for informational or amusement purposes only. Nothing written is intended to be legal advice or legal counsel. All original work is protected by applicable copyright laws. Thank you. < ? law blogs # > Archives 11/01/2003 - 12/01/2003 12/01/2003 - 01/01/2004 01/01/2004 - 02/01/2004 02/01/2004 - 03/01/2004 03/01/2004 - 04/01/2004 04/01/2004 - 05/01/2004 05/01/2004 - 06/01/2004 06/01/2004 - 07/01/2004 07/01/2004 - 08/01/2004 08/01/2004 - 09/01/2004 09/01/2004 - 10/01/2004 10/01/2004 - 11/01/2004 11/01/2004 - 12/01/2004 12/01/2004 - 01/01/2005 01/01/2005 - 02/01/2005 02/01/2005 - 03/01/2005 03/01/2005 - 04/01/2005 04/01/2005 - 05/01/2005 05/01/2005 - 06/01/2005 06/01/2005 - 07/01/2005 07/01/2005 - 08/01/2005 08/01/2005 - 09/01/2005 09/01/2005 - 10/01/2005 10/01/2005 - 11/01/2005 11/01/2005 - 12/01/2005 12/01/2005 - 01/01/2006 01/01/2006 - 02/01/2006 02/01/2006 - 03/01/2006 03/01/2006 - 04/01/2006 04/01/2006 - 05/01/2006 05/01/2006 - 06/01/2006 06/01/2006 - 07/01/2006 07/01/2006 - 08/01/2006 08/01/2006 - 09/01/2006 09/01/2006 - 10/01/2006 10/01/2006 - 11/01/2006 11/01/2006 - 12/01/2006 12/01/2006 - 01/01/2007 01/01/2007 - 02/01/2007 02/01/2007 - 03/01/2007 03/01/2007 - 04/01/2007 04/01/2007 - 05/01/2007 05/01/2007 - 06/01/2007 06/01/2007 - 07/01/2007 07/01/2007 - 08/01/2007 08/01/2007 - 09/01/2007 09/01/2007 - 10/01/2007 10/01/2007 - 11/01/2007 11/01/2007 - 12/01/2007 12/01/2007 - 01/01/2008 01/01/2008 - 02/01/2008 02/01/2008 - 03/01/2008 03/01/2008 - 04/01/2008 04/01/2008 - 05/01/2008 05/01/2008 - 06/01/2008 06/01/2008 - 07/01/2008 07/01/2008 - 08/01/2008 08/01/2008 - 09/01/2008 09/01/2008 - 10/01/2008 10/01/2008 - 11/01/2008 11/01/2008 - 12/01/2008 12/01/2008 - 01/01/2009 01/01/2009 - 02/01/2009 02/01/2009 - 03/01/2009 03/01/2009 - 04/01/2009 04/01/2009 - 05/01/2009 05/01/2009 - 06/01/2009 06/01/2009 - 07/01/2009 07/01/2009 - 08/01/2009
Blogarama |
Saturday, August 25, 2007
Is the "Ricky Williams Rule" about to be Sacked? Since the NFL announced its suspension of Michael Vick, many of my esteemed colleagues have presumed that Vick will also get banned from the Canadian Football League ("CFL") based on the "Ricky Williams Rule," which prevents any player suspended by the NFL from entering the CFL. Michael McCann even touches upon this point in his wonderful first column in Sports Illustrated.I am not sure, however, whether the Ricky Williams Rule is even legal. Isn't it true that an agreement amongst all of the teams in a pro sports league to boycott a class of players would indicate a prima facie case of an antitrust violation? Isn't it also the case that the CFL has market power in the labor market for players banned by the NFL (presuming that issue is even relevant) because NFL teams are not part of the viable market for such players' services? For purposes of background, the Sherman Act states, "every contract, combination ... or conspiracy, in the restraint of trade or commerce ... is declared to be illegal." Applying the Sherman Act, American courts on three different occasions have found agreements amongst professional sports teams that boycott a certain class of players to be illegal. For example, in the case Denver Rockets v. All-Pro Management Inc., 323 F.Supp. 1049 (C.D. Cal. 1971), a court struck down then-NBA commissioner Walter Kennedy's rule that banned all players from the NBA that were less than four years removed from high school. This was the ruling that ultimately allowed Spencer Haywood to enter the NBA at a more junior age. Indeed, the more recent case Clarett v. Nat'l Football League, 369 F.3d 124 (2d. Cir. 2004) potentially limits the holding of cases like Denver Rockets to only situations where the agreement to exclude a class of players is reached outside of the collective bargaining process. However, for purposes of analyzing the "Ricky Williams Rule," which presumably was unilaterally implemented by the CFL, the Second Circuit's limitation in Clarett is entirely irrelevant. With that said, under antitrust law, there are less restrictive alternatives for the CFL to prevent the entry of troublesome players, such as for the CFL to review the candidacy of each prospective player on a case-by-case basis. A case-by-case review of players banned by the NFL would make more sense given that the CFL has already "grandfathered" players that are currently playing in the CFL but previously banned from the NFL. In a statement that may prove especially damning to the CFL, the CFL in November of 2006 stated that "one of the reasons for the ban is to maintain a good relationship with the NFL." Indeed, the biggest challenge to bringing a suit against the CFL may involve proving U.S.-based anti-competitive effects given that much of this allegedly anti-competitive conduct occurred outside of the United States. However, given that most of the football players that would be banned from the CFL under this rule live in the United States, as well as that some of the CFL fans reside in the United States, and that CFL games are broadcast into the American market through Dish Network, DirecTV and America One, these concerns should not prevent a bona fide antitrust challenge against the Ricky Williams Rule in United States federal courts. 5 Comments:
It would seem to me that Sherman would NOT apply to the CFL for the obvious reason--the CFL is in Canada so U.S. anti-trust law doesn't apply to a Canadian sports league operating solely in Canada (unlike a few years back when there were franchises in several U.S. cities), unless . . . ??
I agree that US laws are not applicable in Canada. Although, probably would be a good thing for Vick to go to Canada and get away from some of his homeboys. Of course I'm sure as part of his probation he will probably be prohibited from associating with felons.
the Sherman Act CAN apply to foreign entities.
I'm not a lawyer, nor do I play one on TV, but it seems to me there must be other examples of professional sports leagues honoring each other's suspensions. The NHL and the European leagues have long had agreements in place in this regard, and I have to believe the Arena League would refuse employment to Vick just as the CFL would.
Vick will require special Canadian government permission to enter Canada as visitor much less to be able to obtain a work permit once his conviction is entered. |