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Gabriel A. Feldman
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Blog Entries by Gabriel A. Feldman

The Legal Issues Behind the NBA Players' Decertification Strategy

23 Comments | Posted November 8, 2011 | 08:27:32 (EST)

It's ultimatum time in the NBA. With labor talks temporarily stalled and the lockout eating into the regular season, the NBA owners have threatened to revert back to their original 47% BRI split/hard cap offer, while the NBA players have threatened--or perhaps threatened to threaten--to decertify their union and challenge...

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The Legal Issues Behind the Looming NBA Lockout

Posted June 21, 2011 | 15:52:06 (EST)

With the NBA finals behind us, it's time to start looking towards next season. And as we get closer to the June 30 expiration of the NBA collective bargaining agreement, it becomes increasingly likely that next season might be at risk. Sound familiar? Yes, the NBA may be following in...

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NFL Labor Negotiations: Are We Headed for the Doomsday Scenario?

Posted February 18, 2011 | 08:51:41 (EST)

As we get closer to the expiration of the NFL Collective Bargaining Agreement, we also get closer to the possibility that the NFL players will exercise their "nuclear weapon" -- decertification followed by an antitrust suit against the NFL. The NFL took an aggressive step towards disarming that weapon this...

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NFL Lockout: The Legal Issues Behind the NFL-CBA Negotiations

Posted February 9, 2011 | 09:22:03 (EST)

(Note: This was originally posted on February 9th, but has been slightly updated to reflect the events of the last several days)

These are interesting times for the National Football League. Immediately after producing the most watched television show in U.S. history, the focus has shifted towards the negotiations for...

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The Supreme Court Puts to Rest the NFL's Single Entity Defense in American Needle

Posted May 24, 2010 | 21:51:13 (EST)

After months of waiting and speculating, the Supreme Court finally handed down a decision in the American Needle case (for background on the case, click here). A broad victory for the NFL threatened to rewrite sports antitrust law and change the way professional sports leagues operate. Instead, the...

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Brian Cushing Wins the AP Defensive Rookie of the Year Award... Again: Defending the Associated Press and the NFL (Part I)

Posted May 15, 2010 | 13:21:48 (EST)

Brian Cushing may go down in history as the only two-time winner of the Associated Press NFL Defensive Rookie of the Year award. In January, the AP's panel of voters awarded the honor to Cushing in a landslide, giving him 39 of the possible 50 votes. Last week, we learned...

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Breaking Down the Latest Development in the Star Caps Saga

Posted May 7, 2010 | 15:23:42 (EST)

The StarCaps saga took yet another turn on Thursday when Minnesota state court Judge Gary Larson finally answered the basic question of the case -- can the NFL suspend Pat and Kevin Williams? It took almost 2 years to get there (you can find a detailed

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Expanding the NCAA Tournament May Be a Bad Idea: And Not for the Reason You Think

Posted April 4, 2010 | 21:33:14 (EST)

As we endure the last of the Butler-as-Hoosiers and Duke-as-the-devil stories, the focus has shifted a bit to the possible expansion of the NCAA tournament from 64 teams to 96 teams. Late last week, the NCAA held a press conference to discuss some of the details of the proposed expansion,...

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The Big Four Pro Sports Leagues are Cracking Down on Athletes, but NASCAR Wants its Drivers to "Have at it and Have a Good Time"

Posted March 31, 2010 | 01:19:02 (EST)

As of last week, an NHL player may be disciplined for intentionally blindsiding another player with a hit to the head. The new rule should not come as much of a surprise--pro sports leagues have become more aware of the dangers of concussions and head injuries and are doing more...

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The Washington Wizards Dumped Jamison, Butler, and Haywood -- Can They Dump Arenas and His Contract?

Posted March 5, 2010 | 17:42:20 (EST)

At the beginning of this NBA season, the Washington Wizards featured an NBA Jams-worthy triumvirate -- Gilbert Arenas, Caron Butler, and Antawn Jamison -- and had visions of a playoff run in the Eastern Conference. Fast forward to today, and the team has been gutted. Butler and Jamison (along with...

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The Saints Are Finally in the Super Bowl -- Now Please Let Us Watch the Game in the Superdome

Posted January 29, 2010 | 00:07:36 (EST)

I was one of the more than 71,000 people fortunate enough to be in the Superdome to watch the New Orleans Saints advance to their first Super Bowl in franchise history. What struck me most about the game was not the noise level in the stadium, but the interactions between...

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Why FIFA Did Not Suspend Thierry Henry

Posted January 19, 2010 | 22:54:42 (EST)

Aside from breaking the hearts of millions of Irish soccer fans and catapulting France into the World Cup, Thierry Henry's infamous handball against Ireland in World Cup Qualifying raised two (slightly less significant) issues. First, should Roger Federer be worried about the Gillette jinx? And,...

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American Needle and the NFL's Single Entity Argument

Posted January 2, 2010 | 23:09:37 (EST)

In less than two weeks, the United States Supreme Court will hear oral arguments in American Needle v. NFL, a case that has been called "Super Bowl of sports litigation," "Armageddon," "the biggest sports law case since Curt Flood," and "a revolution in 3-D cinema" (actually, I think that last...

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Dwayne Bowe and the NFL's StarCaps Saga

Posted December 2, 2009 | 19:52:45 (EST)

Dwayne Bowe, a wide receiver for the Kansas City Chiefs, was recently suspended for four games under the NFL Policy on Anabolic Steroids and Related Substances (the "NFL Policy") for using a diuretic. Aside from the long-ish-suffering fans of the Kansas City Chiefs and those with Bowe on their fantasy...

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College Football and Competition

Posted November 13, 2009 | 11:57:50 (EST)

If you were hoping to catch a college football game or two on television this week, you were in luck. In fact, if you wanted to watch 54 college football games this week, you were in luck. 47 games were shown on Saturday, and a smattering of games was shown...

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