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8 Seton Hall J. Sport L. 539 (1998)
Must Kobe Come out and Play--An Analysis of the Legality of Preventing High School Athletes and College Underclassmen from Entering Professional Sports Drafts

handle is hein.journals/shjsl8 and id is 545 raw text is: MUST KOBE COME OUT AND PLAY? AN ANALYSIS OF THE LEGALITY OF PREVENTING HIGH SCHOOL ATHLETES AND COLLEGE UNDERCLASSMEN FROM ENTERING PROFESSIONAL SPORTS DRAFTS Scott R. Rosnert I. INTRODUCTION ...................................... 539 II. ANTITRUST LAW OVERVIEW ......................... 543 III. LABOR LAW OVERVIEW ............................. 546 IV. PREVIOuS DRAFT ELIGIBILITY CASES ................ 550 V. RELEVANT SPORTS LAW CASES ..................... 557 A. Antitrust Cases Applying the Rule of Reason to Sports .......................................... 557 B. Sports Non-Statutory Labor Exemption Cases ........................................... 559 1. Mackey v. National Football League ....... 559 2. Wood v. National Basketball Association .. 561 VI. PROPOSED SOLUTION AND ANALYSIS ................ 563 A. Incorporation of Draft Eligibility Rules into the Collective Bargaining Agreement .............. 563 B. Unilateral Implementation of Draft Eligibility R ules ........................................... 570 C. Congressional Action ........................... 572 D. NCAA Reform .................................. 572 VII. CONCLUSION ........................................ 574 I. INTRODUCTION Over the last several years, the number of high school grad- t Associate Professor and Director of Sport Management Program, Cazenovia Col- lege, Cazenovia, New York. J.D., University of Pennsylvania, 1997; M.S., Sport Manage- ment, University of Massachusetts, 1993; B.A., University of Michigan, 1992. I would like to thank Professor Kenneth L. Shropshire for his guidance, and the residents and friends of 2220 Summer Street for their senses of humor and support. This article is dedicated to my parents and to the memory of the true athletes in my family, my grand- parents Ann and 'Chink' Morganstine and Betty Rosner. This article is as much theirs as it is mine. 539

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