Christian Ewell of the Baltimore Sun had a great piece last week on the NBA's efforts to institute an age floor. Since I was finishing my thesis, I didn't come across come it (or much else, for that matter). Christian had interviewed Gary Roberts and me for the story:
Michael McCann, an incoming professor at Mississippi College School of Law and member of the legal team that helped former Ohio State football player Maurice Clarett challenge the NFL on a similar issue, said he expected a lawsuit directed at the NBA if it institutes an age limit.McCann said unlike Clarett, a player trying to jump to the NFL a year earlier than the league had ever allowed, the NBA has had experience with players fresh out of high school.
"[Clarett] had to argue a hypothetical," McCann said. "Here, you already have a nine-year track record. It's clear that the players know what they're doing. It's not like they're making terrible decisions."
But sentiment either way probably won't play much of a role, said Gary Roberts, former president of the Sports Lawyer Association.
If the league and the union agree to allow an age limit, Roberts said, higher courts will likely see it as a collective bargaining issue, not an antitrust issue, thus foiling any legal challenges.
However, he doesn't see the league backing down on luxury taxes for the sake of an age limit.
"There's a lot of saber-rattling, but there are greater issues," Roberts said. "Neither the league or the union will shut down the league over this."
Christian also interviewed NBPA Executive Director Billy Hunter:
"The reality is that the age limit is tied to economics," union executive Billy Hunter said. "It's not about [maturity of the players]."In addition, the age limit is just one of the issues to be worked out in negotiations on a new collective bargaining agreement this summer.
"I won't say it's a non-starter," Hunter said. "Everything has a price. I know that the owners would like to see an age limit. It depends on what else is on the table."
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