I exchanged e-mails today with Gary Roberts, Deputy Dean and Director of the Sports Law Program at Tulane Law School, and he has kindly allowed me to post his thoughts pertaining to Greg's post below and my coments in today's story by Mark Alesia in the Indianapolis Star:
Michael -- It is interesting, but I still disagree with you and Matt Mitten completely, as I did in Clarett. This 20 year old rule is being discussed in collective bargaining. Regardless of whether the union agrees to include it in the CBA or not, it will qualify for the labor exemption. End of discussion. The Brown case in 1996 makes this very clear. People may not like it, as Judge Scheindlin didn't, but that's pretty clearly the law today, as the 2nd Circuit recognized. This result has nothing to do with the antitrust merits of the case (whether 20 year olds can play in the NBA -- obviously some can) -- the rule might be found to be completely stupid and indefensible, but its a collective bargaining issue, not an antitrust issue. I said that in the press when Clarett filed his case, and I say it again now. I don't see how one can read Brown any other way unless you want to twist and contort the Brown result (and Clarett) into oblivion b/c you don't like it. I would bet the ranch on it. -- Gary
Quick reference note: Matt Mitten is Director of the Sports Law Institute at Marquette University Law School.
Thanks again to Gary for sharing his thoughts.
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