Clarett v. National Football League: Defining the Non-Statutory Labor Exception to Antitrust Law as it pertains to Restraints primarily focused in Labor Markets and Restraints primarily focused in Business Markets

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […] Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court room battle impairing the quality of the game. The Supreme Court interpreted federal antitrust and labor law to implicitly exclude antitrust liability for certain collective bargaining labor related activities under the non-statutory labor exception to antitrust law. This absence of explicit guidance has led to a split in the circuits where courts have formulated their own interpretations of these colliding national policies. In 1996, the Supreme Court in Brown v. Pro Football, Inc., attempted to further clarify the scope of this exemption and ultimately held that national antitrust and labor policies favored the application of the exception when the alleged restraints were in labor markets defined by collective bargaining. In 2004, the United States Court of Appeals for the Second Circuit held in Clarett v. National Football League4 that Brown reaffirmed the Second Circuit position that restraints resulting from the collective bargaining process and primarily impacting the labor market were subject to the non-statutory labor exception to antitrust law. […] This note will analyze the Second Circuit’s ruling and rationale in light of the relevant governing law and national policies between antitrust law and labor law. Part II will discuss the general trend of player-raised antitrust challenges to restraint cases in professional sports, setting the stage for an aspiring football player like Clarett to challenge the NFL Eligibility Rules. In Part III, this note will discuss the facts, procedural history and outcome of Clarett. Part IV will discuss the historical background under which Clarett was ruled. Part V will analyze how courts have distinguished between restraints created through the collective bargaining process which primarily impact the labor market as opposed to those that primarily impact business markets. In Part VI, this note will analyze Clarett’s interpretation of Brown in distinguishing labor and business markets, and discuss how the non-statutory labor exception should be applied to labor market restraints as compared to business market restraints. Finally, it will outline the legacy that Clarett provides for future player-raised challenges in similar situations.

The Effects of Dietary Calcium and Conjugated Linoleic Acid on Bone Health

Approximately 200 million people worldwide, including 25 million in the United States, suffer from osteoporosis. The pathophysiology of osteoporosis suggests that prevention through dietary intervention can be one of the most important actions. Diet can also be a successful alternative for minimizing bone loss and the need for osteoporosis related drug therapy. Conjugated linoleic acid (CLA) is the collective term used to describe positional and geometric isomers of linoleic acid with two conjugated double bonds. CLA has been shown to be biologically active in many systems, yet CLA’s effect on bone mass is not clearly established. The purpose of this research is to investigate CLA’s isomeric effect and synergy with dietary calcium on bone mass. CLA was observed to increase the body ash, representative of bone mass, in male ICR mice after 4-weeks of supplementation. CLA was also administered to mouse bone marrow mesenchymal stem cells during osteoblastic differentiation. CLA increased protein expression related to osteogenesis as well as increasing the calcium concentration of the osteoblastic matrix. In summary, this research provides evidence for the ability of CLA to preserve bone mass

Practicing catching-up: A comparison of development models of East Asian and Central-Eastern European countries

This article makes an attempt to compare the development patterns of the economies of the East Asian and Central and Eastern European (CEE) regions, which have been the fastest in catching up on the global arena. It observes both the internal fea-tures of the economies and economic policies and the parameters characterising their relation with the international background (openness, integration).The statistical materials used have been taken mostly from the World Economic Forum competi-tiveness reports and from the WB and IMF sources, while the descriptions of eco-nomic policy and its dynamic are based on materials concerning the regions under discussion and their individual countries. The goal of the article is not to reach con-clusions characterising the behaviour of the economies of the entire East Asian or CEE regions, but the economic development models, specific features, development and performing of countries, which have displayed top performance in either region and have reached the level of developed economies

Display, a Tool of Selling

The purpose of this study was to prepare an audio-visual teaching unit that would emphasize and illustrate the role of display in moving goods from the retailer to the consumer including the technical aspects of creating a display

The Due Diligence Tool for Use in Pre-Grant Assessment

This is a guide to the due diligence aspects of assessing an application for funding. It provides steps to thoroughly examining the strengths and weaknesses of the applicant organisation

INTEGRATION, CATCHING-UP AND DEVELOPMENT CEILINGS: THE USABILITY AND EXPLANATORY CAPABILITY OF THE SEMI-PERIPHERY TERM IN THE ANALYSIS OF CENTRAL AND EASTERN EUROPEAN COUNTRIES’ DEVELOPMENT TRAJECTORIES

There seems to be a lack of clarity regarding the growth potential of the new member countries and the conditions for releasing it. This article attempts to introduce, in order to further study the development prospects of the CEE countries, the treatment used by E. Wallerstein about semi-periphery countries and semi-periphery economies, i.e. the countries and economies that are located between the core and the periphery, and possess the features of both groups (more about it later on).4 This is not a very unequivocal or operational concept, which certainly needs further elaboration before using, but the approach proposed by Wallerstein has several attractive qualities. First, it concentrates attention on the external relations and dependencies of a country’s economy, its position and role in the world economy. This approach is essentially structuralist, and postulates the existence of long-term dependencies. For these two reasons its emphasis is somewhat different than that of the middle-income trap concept, which has been quite widely used so far.5 Both address the situation where the countries that do not belong among the wealthiest or poorest ones tend to experience a standstill of growth in a certain stage of development primarily due to the increasing cost of production. Yet the concept of the middle-income trap concentrates more on the domestic factors of the economy of the country under observation, while the semi-periphery concept focuses more on outside factors and dependencies.6 Secondly, the concept of semi-periphery countries considers that the relation between the core and the peripheries occurs in a geographic space and are, as a rule, long-term. This permits the set of instruments of geo-economics and geopolitics to be used to analyse these relations. As a rule the cores are dominant in the geographically closer peripheries and semi-peripheries. Thirdly, the developments of the CEE economies have so far been predominantly treated “in their own juice”, the development of some CEE countries has been compared only with other CEE countries—which ones passed the transition better, showed the fastest growth, achieved better cooperation with the EU core countries, etc. Analysis in the context of semi-periphery countries permits the span of the analysis to be effectively doubled to a global dimension, comparing the development of the CEE countries and their prospects not only with Southern European semi-periphery countries but, if so desired, with semi-periphery countries in South America. Of course, this would attract greater interest if it should appear that there are sufficient common features among the semi-periphery countries’ parameters, economic behaviour and problems they face

Emotional intelligence as a moderator in the emotional labour-burnout relationship: evidence from Malaysian HR professionals

The role of emotions amongst employees with extensive interpersonal interactions has been identified as critical for both individual and organisational performance. This particular study examines the relationship between emotional labour, trait emotional intelligence and three dimensions of burnout. Specifically, we examine whether trait emotional intelligence moderates the relationship between emotional labour and burnout. Based on a sample of 136 Malaysian HR professionals, we find that surface acting, but not deep acting, is a significant direct predictor of personal and work-related burnout. More interestingly though, trait emotional intelligence only buffered the effects between deep acting strategies and personal and work-related burnout. The findings from our study contribute to a deeper understanding of the conditions under which emotional labour can be beneficial to employee well-being

The Impact of Chemotherapy on the Neuromuscular Components of Gait

Background and Purpose: Pediatric cancers affect over ten thousand children in the United States each year. Although survival rates continue to climb, debilitating long-term side effects from cancer treatment are surfacing. The purpose of this study was to investigate the effects of chemotherapy on selected gait characteristics in children ages five to twenty-two. Methods: This was a prospective, cross-sectional study that investigated the differences found in and between children undergoing cancer treatment for non-central nervous system cancers and children without cancer. The data was collected in the oncology program of the two campuses of Children’s Hospitals and Clinics of Minnesota. Sixty children with cancer and thirty-six children without cancer (controls) participated in this study. Each participant completed impairment testing including: ankle range of motion, ankle strength, and neuropathy rating using the ped-mTNS. Their gait pattern was recorded using the GaitRite Gait Analysis System and then each subject completed a 6 minute walk test. Results: Using MANOVA procedures, we found that subjects with cancer demonstrated significantly slower walking velocity, decreased cadence, and shorter step length (α≤.05) compared to controls. No significant gait differences were found between cancer patients who received vincristine and those who received IT methotrexate in addition to vincristine (α≥.05). Within the cancer group, significant correlations were found between underlying impairments of ankle dorsiflexion strength, and neuropathy with selected gait characteristics (α≤.05). Significant correlations were also found between the distance walked in six minutes with velocity and step length (α≤.05). Conclusions: Children who received chemotherapy treatment had significantly slower velocities, decreased cadence and shorter step lengths when compared to controls. However, adding IT methotrexate in addition to vincristine did not significantly impact gait characteristics. Underlying impairments, such as ankle strength, significantly affected gait characteristics. Finally, the distance children with cancer walked in six minutes was negatively impacted by their decreased velocity and step length. Overall, this study gives insight into the debilitating effects chemotherapy has on selected gait characteristics. Physical therapy may benefit this population by working to improve gait patterns and overall function

Einfluss von Online-Orientierungshilfen auf das Wahlverhalten

Online-Orientierungshilfen erfreuen sich in Österreich seit ihrer Einführung im Jahr 2002 einer immer größeren Beliebtheit. Während sie früher nur im Vorfeld von Wahlen angeboten wurden, sind sie mittlerweile zu einem ganzjährig verfügbaren politischen Informationsangebot innerhalb des Internet geworden. Ziele dieser Online-Orientierungshilfen sind, politische Inhalte, die aufgrund der zunehmenden Personalisierung der Politik nicht mehr deutlich genug dargestellt werden, wieder in den Vordergrund zu stellen. Dabei versuchen sie mit Hilfe einfacher „JA/NEIN“ Fragen, dem Nutzer auf spielerische Weise eine sachliche Orientierungshilfe zu bieten. Dieser Arbeit zugrundeliegend ist die Erforschung, warum Nutzer Online-Orientierungshilfen verwenden und ob diese einen Einfluss auf das Wahlverhalten ausüben. Diese und weitere Fragen, die im Zusammenhang mit der Nutzung von Online-Orientierungshilfen auftraten, wurden mittels einer empirischen Online-Befragung durchgeführt und ausgewertet