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How a "Labor Dispute" Would Help the NCAA

Michael H. LeRoy

When a ruling by a National Labor Relations Board (NLRB) regional director determined that Northwestern University football players who receive athletic scholarships are employees and therefore eligible to vote in a union-representation election, the multi-billion dollar enterprise known as Division I football was rocked to its foundation. In this essay Professor LeRoy argues that a “labor dispute,” as defined by the Norris-LaGuardia Act, would benefit the NCAA because it would divest federal courts of jurisdiction to hear an antitrust case. In the long run, antitrust liability poses a bigger threat to NCAA interests than does player unionization. Therefore, it is in the NCAA’s interest to: embrace the union-representation process; engage in “hard bargaining,” particularly because its bargaining strength is pitted against the weak bargaining power of college athletes; and anticipate implementing the terms and conditions of a collective bargaining agreement. 

81 U Chi L Rev Dialogue 44 [Essay PDF]

Featured Print Articles

Volume 81, Issue 2 (more)

 

Cost-Benefit Analysis and Agency Independence

Article by Michael A. Livermore

There is a prevailing view in administrative law that the role of cost-benefit analysis in the executive branch is to help facilitate control of agencies by the Office of Information and Regulatory Affairs (OIRA). This Article challenges that view, arguing that cost-benefit analysis in fact helps preserve agency autonomy in the face of oversight.

81 U Chi L Rev 609 [Article PDF]

 

Accommodating Every Body

Article by Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis

This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group-identity status. It proposes that, in principle, “accommodating every body” be achieved by extending Americans with Disabilities Act–type reasonable accommodation to all work-capable members of the general population for whom accommodation is necessary to give them meaningful access.  

81 U Chi L Rev 689 [Article PDF]