David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
The National Football League ("NFL") has often attempted to avoid antitrust liability by asserting that the league constitutes a single entity, incapable of illegal collusion for purposes of section 1 of the Sherman Act. Viewed properly, the NFL and its member-teams are a single entity with respect to matters of non-labor policy-not only do the league and its teams share a unity of interest, but the economic realities of professional football necessitate that the league and its teams be considered a single economic unit. However, most courts to consider the NFL's single entity defense have rejected the league's argument. These courts have improperly focused their analysis on trivial aspects of the NFL's league structure, while marginalizing the more relevant factors to be considered under the Supreme Court's decision in Copperweld. Recently, the district court in American Needle diverged from these erroneous precedents, instead holding that the NFL is a single entity with respect to licensing of league trademarks. While American Needle represents a significant advance in NFL single entity jurisprudence, the opinion may nevertheless prove to be of limited precedential value. This article concludes that future courts considering the issue should follow the approach taken in American Needle, and find that the NFL is a single entity with respect to league nonlabor policy.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Daniel Gasman (1971). The Scientific Origins of National Socialism: Social Darwinism in Ernst Haeckel and the German Monist League. New York,American Elsevier.
Nathaniel Grow, There's No 'I' in 'League': Professional Sports Leagues and the Single Entity Defense.
Daniel S. Goldberg (2008). Concussions, Professional Sports, and Conflicts of Interest: Why the National Football League's Current Policies Are Bad for its (Players') Health. [REVIEW] HEC Forum 20 (4):337-355.
Kjartan Mikalsen (2011). In Defense of Kant's League of States. Law and Philosophy 30 (3):291-317.
K. DeRose (1998). Simple 'Might's, Indicative Possibilities and the Open Future. Philosophical Quarterly 48 (190):67-82.
M. R. King (2012). A League of Their Own? Evaluating Justifications for The Division of Sport Into 'Enhanced' and 'Unenhanced' Leagues. Sport, Ethics and Philosophy 6 (1):31-45.
Kent E. Holsinger (1984). The Nature of Biological Species. Philosophy of Science 51 (2):293-307.
Added to index2009-04-23
Total downloads3 ( #611,921 of 1,793,064 )
Recent downloads (6 months)0
How can I increase my downloads?