104 Iowa L. Rev. 1551 (2019)

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Abstract

“Tanking” (when teams purposely lose in the short term to obtain higher draft picks that (they hope) will help them win in the long term) is one of the most pressing problems facing the National Basketball Association (“NBA”). Tanking harms the integrity and, more importantly, the financial health of the NBA. Prior and proposed changes were and are inadequate to remedy the problem of tanking. This Note argues that tanking is a breach of fiduciary duties owed by NBA teams to each other, based on the theory that the NBA is a partnership and the teams are its members. By suing tanking teams, non-tanking teams can utilize the judicial process to extract damages from tanking teams. This will deter teams from tanking. This is a new solution to this problem—a legal solution.