Spendthrift Trust: An Alternative to the NBA Age Rule

Authors

Susan McAleavey

Document Type

Note

Abstract

(Excerpt)

This Note argues that the NBA Age Rule has created a problem for which a legal solution exists: the adoption of a spendthrift trust system. The NBA Age Rule fails to achieve the NBA's goal of protecting amateur players. Instead, it merely limits potential and growth for both the NBA and aspiring players. Part I details the history and rationale behind the NBA Age Rule. Part II analyzes the inefficiency of the NBA Age Rule and demonstrates how the NBA Age Rule unfairly denies amateur players the opportunity to play in the NBA. Part III outlines a spendthrift trust system that would permit high school players to enter the NBA Draft directly out of high school and would alleviate the NBA's policy concerns.