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13 Willamette Sports L.J. 1 (2015-2016)

handle is hein.journals/wlmsplj13 and id is 1 raw text is: 1 WLLAMETTE SPORTS LAW JOURNAL FALL 2015 Blind Draw: How Major League Soccer's Single Entity Structure and Unique Rules Have Impacted Soccer in the United States Hank Stebbins TABLE OF CONTENTS I. INTRODUCTION a. THE DISCOVERY PROCESS b. PURPOSE c. SCOPE II. THE HISTORY OF MAJOR LEAGUE SOCCER AND THE SINGLE ENTITY DEFENSE TO ANTITRUST ACTIONS IN PROFESSIONAL SPORTS a. ANTITRUST ISSUES IN PROFESSIONAL SPORTS i. The Sherman Act ii. Copperweld and Early Decisions iii. American Needle b. FORMING MLS IN THE SHADOW OF SHERMAN, FIFA, and BOSMAN i. The Formation and Form of MLS ii. Fraser iii. FIFA and the Bosman decision III. MLS'S STRUCTURE AND THE CURRENT ECONOMIC REALITY a. MLS FRANCHISES NOW ACT WITH ENTERPRENUERIAL INTEREST i. The Designated Player Rule ii. Development of Soccer Specific Stadiums iii. The Domestic Player Rule iv. The Youth Movement b. THE NEW OPERATORS ARE DIVERSE, INDEPENDENT, AND ORGANIC i. Competition for Entry Between Outside Investors ii. Expansion Through Organically Developed Franchises IV. COMPETIVE PROBLEMS INHERENT TO MLS'S CURRENT FORM a. PLAYER ACQUISITION SOUP: PLAYER DISTRIBUTION IN MLS b. THE ALLOCATION SAGAS OF DEMPSEY AND JONES V. POSSIBLE OUTCOMES a. FORCED CHANGE VIA LAWSUIT i. Lawsuit Brought by an Investor/Operator ii. Lawsuit Brought by Lower Division Team iii. Lawsuit Brought by a Player b. SELF DETERMINATION THROUGH COLLECTIVE BARGAINING VI. CONCLUSION Blind Draw