Marquette Sports Law Review Volume 6 Article 2 Issue 1 Fall The Amateur Sports Draft: The Best Means to the End? Jeffrey A. Rosenthal Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Jeffrey A. Rosenthal, The Amateur Sports Draft: eTh Best Means to the End?, 6 Marq. Sports L. J. 1 (1995) Available at: http://scholarship.law.marquette.edu/sportslaw/vol6/iss1/2 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact
[email protected]. THE AMATEUR SPORTS DRAFT: THE BEST MEANS TO THE END? JEFFREY A. ROSENTHAL' I. INTRODUCTION One area of sports with potential antitrust concerns has been the am- ateur sports draft. All four major sports - baseball, football, basketball, and hockey - use similar draft mechanisms. Depending on the caliber of players eligible in a given year, the draft (and even the pre-draft lot- tery in basketball and, now, hockey) can provide much drama and pub- licity. Every so often, either a player, an agent or a member of the media questions the legality of the draft. Rumored changes in the draft or alternative proposals are regularly reported. The dilemma over whether to endorse or condemn the amateur draft is that the draft has both positive and negative aspects. One's opinion of the legality of the draft often depends on how one balances these pros and cons. The major positive aspect of the draft, and the primary justifi- cation for it, is that the draft provides a way to distribute talent to teams and its goal is to do so both fairly and in such a way so as to maintain a competitive balance.