Abstract
The appropriate boundaries of federal jurisdiction are currently debated regarding hot-button issues such as military tribunals for enemy combatants, abortion, and conservative social goals. Compared to these controversies, the role of federal courts in sports labor disputes is unlikely to arouse congressional alarm. Indeed, one can hardly imagine a constituency beyond wealthy owners of professional sports teams who would seek legislation to strip federal jurisdiction in these antitrust actions. Nonetheless, this study makes a strong case that federal courts exceeded their jurisdiction in sports labor disputes. Judges who have crossed this line had understandable motivations. They believed antitrust law was enacted to protect workers from powerful corporate interests. But their reasoning was flawed, as demonstrated in Brown v. Pro Football, Inc. The court overlooked that athletes can form and dissolve unions at will to take advantage of both sets of laws, so they had no need of an additional bargaining chip.
Recommended Citation
LeRoy, Michael H.
(2012)
"Federal Jurisdiction in Sports Labor Disputes,"
Utah Law Review: Vol. 2012:
No.
2, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss2/7