The Soccer Sovereign: The Governing Autonomy of Major League Soccer

Pedro Francisco Ramos*

In Europe, the governing autonomy of Sports Governing Bodies (SGBs) is the subject of a robust academic, social, and political debate. Yet, despite their economic footprint and widespread public following, there is little discussion of the governing autonomy of U.S. sports leagues. This paper applies the autonomy conception developed in Europe to a U.S. context by examining the autonomy of Major League Soccer (MLS). As a member of the Fédération Internationale de Football Association (FIFA), MLS is subject to vertical—or internal—restraints on its governing autonomy from soccer’s transnational private order. As a U.S. Limited Liability Company, MLS is subject to horizontal—or external—restraints from U.S. law. The League’s governing autonomy is the space between these two forces. But what is its scope? Part I illustrates MLS’ structure and vertical autonomy within soccer’s private transnational pyramid. Part II analyzes MLS’ horizontal autonomy— or how the structure outlined in Part I interacts with U.S. law—and asserts that it is substantially insulated. Part III is prospective and normative in nature. It examines potential legislative and judicial incursions into MLS’ horizontal autonomy and why few cases— and thus, jurisdictional challenges—have been brought in public court. Finally, the conclusion addresses issues with the current system of self-regulation, under which MLS players—voluntarily or not—are subject to a soccer sovereign.

*J.D., Class of 2024, Columbia Law School. I am grateful to Professor Petros Mavroidis for his invaluable guidance and tireless enthusiasm for the subject; the staff of the Columbia Journal of Transnational Law for their editorial assistance; and my family for their unwavering support and sense of humor.