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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?