Michael McCann (Vermont Law School) has posted Judge Sonia Sotomayor and the Relationship between Leagues and Players: Insights and Implications (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract:
- This essay examines two of Judge Sotomayor’s most notable opinions, Silverman v. Major League Baseball Player Relations Committee and Clarett v. National Football League. It also explores how Judge Sotomayor’s opinions and judicial philosophy may impact two emerging sports law disputes: whether a player could successfully challenge the NBA's eligibility rule, which since 2006 has required that U.S. players be at least 19-years old and one year removed from high school, and whether, in certain settings of collusive behavior, leagues and their independently-owned franchises may function as a single entity.
