Download or read book Baseball on Trial written by Nathaniel Grow and published by University of Illinois Press. This book was released on 2014-02-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
Download or read book The Baseball Trust written by Stuart Banner and published by Oxford University Press. This book was released on 2013-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
Download or read book Baseball and the American Legal Mind written by Spencer Weber Waller and published by Taylor & Francis. This book was released on 1995 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Blockchain Antitrust written by Schrepel, Thibault and published by Edward Elgar Publishing. This book was released on 2021-09-21 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.
Download or read book One Man Out written by Robert Michael Goldman and published by . This book was released on 2008 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chronicles star baseball player Curt Flood's attempt to overthrow the "reserve" clause system of professional baseball, which bound players to teams as a form of property. Although he lost his legal battle, the Court left the door open for the players to eventually negotiate a version of "free agency."
Download or read book Baseball s Reserve System written by Neil F. Flynn and published by . This book was released on 2006 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 8, 1969, the St. Louis Cardinals traded center fielder Curt Flood to the Philadelphia Phillies. At the time of the trade, Flood was thirty-one years old, at the top of his game and in the prime of his life. In professional baseball, trades are not uncommon. What was different about this trade was that Curtis Charles Flood refused to recognize the - right - of the Cardinals to trade him to another team without his consent. In doing so, Flood challenged a practice that was designed and enforced by professional baseball owners for over eighty years - a practice commonly referred to as the - reserve system. It was the late 1960s - a decade of great racial tension and unrest; the Vietnam War was dividing the country; and now Curt Flood, a black man was challenging the lily-white major league baseball establishment.On January 16, 1970, Curt Flood filed suit in the Federal District Court in New York against major league baseball alleging that baseball?s reserve system violated the Sherman Antitrust Act and Flood?s rights under federal law. Flood argued that once he signed a contract (in his case, when he was eighteen years old), he was owned by (this team) for life and that the reserve system was tantamount to slavery.Flood?s decision to challenge major league baseball cost him his baseball career and much more. Despite the U.S. Supreme Court?s denial of Flood?s claims and ruling (in 1972) that professional baseball was exempt from federal antitrust regulation, professional baseball players had (free agency) by 1975. This is the story of Curt Flood?s case and trial against major league baseball and its aftermath.
Download or read book A Well Paid Slave written by Brad Snyder and published by Penguin. This book was released on 2007-09-25 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “captivating”* look at how center fielder Curt Flood's refusal to accept a trade changed Major League Baseball forever. After the 1969 season, the St. Louis Cardinals traded their star center fielder, Curt Flood, to the Philadelphia Phillies, setting off a chain of events that would change professional sports forever. At the time there were no free agents, no no-trade clauses. When a player was traded, he had to report to his new team or retire. Unwilling to leave St. Louis and influenced by the civil rights movement, Flood chose to sue Major League Baseball for his freedom. His case reached the Supreme Court, where Flood ultimately lost. But by challenging the system, he created an atmosphere in which, just three years later, free agency became a reality. Flood’s decision cost him his career, but as this dramatic chronicle makes clear, his influence on sports history puts him in a league with Jackie Robinson and Muhammad Ali. *The Washington Post
Download or read book The Battle that Forged Modern Baseball written by Daniel R. Levitt and published by Ivan R. Dee. This book was released on 2012-03-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In late 1913 the newly formed Federal League declared itself a major league in competition with the established National and American Leagues. Backed by some of America’s wealthiest merchants and industrialists, the new organization posed a real challenge to baseball’s prevailing structure. For the next two years the well-established leagues fought back furiously in the press, in the courts, and on the field. The story of this fascinating and complex historical battle centers on the machinations of both the owners and the players, as the Federals struggled for profits and status, and players organized baseball’s first real union. Award winning author, Daniel R. Levitt gives us the most authoritative account yet published of the short-lived Federal League, the last professional baseball league to challenge the National League and American League monopoly.
Download or read book Baseball and the Law written by Louis H. Schiff and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PLEASE NOTE: This book is available only as an ebook. Print copies are not available. Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student''s understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes. The accompanying Teacher''s Manual provides invaluable tips for both new and experienced instructors. Baseball and the Law received the 2017 Baseball Research Award, awarded by the Society for American Baseball Research (SABR). "The authors have adopted a familiar casebook format, presenting edited opinions followed by notes providing legal and factual context. While this book''s format is traditional, the content is anything but. Chapters are designed to orient readers to the variety of legal issues involving commissioners, teams, stadiums, players, fans, and amateurs. Through the authors'' efforts to collect and organize these cases, Baseball and the Law illuminates how the law shapes the way baseball is played and enjoyed." -- The Harvard Law Review "[This book] is like no baseball book I''ve ever had the pleasure to pick up (or, at hardback and 1,040 pages, do curls with). [...] I''m neither a lawyer nor a reviewer of books, but I find Baseball and the Law to be a fun volume to have on the bookshelf. Gift givers looking for a baseball item for the fan who has everything have something unique to consider as a stocking stuffer. Because unless your fan is a student or a professor at a participating law school, (s)he doesn''t have this." -- Howard Cole, Forbes "I must confess that when I read Baseball and the Law, it was the first textbook I could remember that I actually enjoyed reading. It is not only a significant compilation of the cases that have provided the law relating to baseball, it is also a remarkable history of the sport and the business surrounding it. After a couple of essays in the introduction, the authors begin with a review of baseball cases dating back to the 1800s. While I am no expert in baseball law, I cannot conceive of any area of baseball law that is not covered by the book. I have to assert that Baseball and the Law is a phenomenal compilation of the law regarding most, if not all, facets of baseball litigation and law. It is truly an enjoyable read." -- Major B. Harding (former chief justice of the Florida Supreme Court and shareholder with Ausley McMullen in Tallahassee), The Florida Bar Journal "For anyone who has a deep interest in the game of baseball and wants to understand its legal history, this is a fascinating book as well as a great reference tool." -- Vince Gennaro, President of Society for American Baseball Research (SABR) "[Schiff and Jarvis have] combined their work and play to create an innovative way to teach law--and perhaps expand the trivia repertoire of diehard fans. [Baseball and the Law] is a 1,040-page look at 110 of the game''s most intriguing or iconic legal disputes...The extensive and sometimes intriguing case notes span centuries. They reach from 1791, when a Massachusetts town passed an ordinance banning baseball from being played within 250 feet of a church (to protect its windows) to modern-day rulings reflecting the rise of performance drug use by professional athletes." -- Diane C. Lade, South Florida Sun-Sentinel "[This book] covers a slew of cases involving Baseball and the law...Readers can find litigation involving George Steinbrenner, Pete Rose, John Rocker and the Black Sox, along with cases about antitrust laws, fans, teams, comissioners, broadcast rights, gambling, owner conduct, competitive balance, baseball cards and even hot dogs being shot into the stands. Schiff and Jarvis spice up the book with informative and colorful notes that even a layman can understand. The scope of their research is breathtaking, drawing from books, magazines, broadcasts, scholarly works and newspapers." -- Bob D''Angelo, The Sports Bookie "As prolific baseball book reviewer Ron Kaplan has already written about this one: "The closest I''ll ever get to law school" is reading this. We agree. And we''d also encourage anyone who thinks they may have a shot at becoming the MLB Commissioner some day, start by lawyering up and investing knowledge here about how the game is still held together by the strings of historical court documents." -- Tom Hoffarth, Farther Off the Wall "The casebook''s coverage is comprehensive. Cases are organized from baseball''s point of view, rather than traditional categoies of legal subject areas. There are chapters on Commissioners, Teams, Stadiums, Players, Fans and Amateurs. I think this is a helpful approach: generally speaking, outside the walls of law schools and law firms, client''s legal problems are not organized into legal categoies, and the sooner students realize this, the better. [...]I wondered whether women would be missing entirely from such a casebook, but this isn''t true of Baseball and the Law and it feels like the authors made a deliberate effort to address this concern. In addition to a number of cases dealing with sex discrimination ... the Notes discuss MLB''s domestic violence policy and women''s history and future in professional baseball as players and umpires; a number of women are cited in the Notes, particularly in the Introduction; and there are photos of Justice Sonia Sotomayor (''''the woman who saved baseball'''' and the 1995 season) throwing out the first pitch at a Yankees game and of Little League World Series pitching phenom Mo''ne Davis. [...]the Notes are a goldmine of baseball facts and lore, and, more importantly, help to place the cases in their historical and social context. This brings the cases to life and made me want to read the next case which is exactly what law professors want their students to do, and should be the ultimate goal of any law school casebook." -- Gail Henderson, University of Alberta''s Faculty Blog "Whoever wants to know the heart and mind of America had better learn baseball. So wrote French philosopher Jacques Barzum in a 1954 book, "God''s Country and Mind." Maybe he should have written that whoever wants to know about American law should learn baseball. That''s the approach taken by a Broward County judge and a Nova Southeastern law professor who have just published Baseball and the Law, a 1,040 page textbook intended to spark teaching the subject at law schools, and just maybe provide some entertaining and educational reading for the baseball-afflicted lawyers." -- Gary Blankenship, The Florida Bar News "When it comes to baseball and the courts ... Baseball and the Law spells out many of the cases that made Milwaukee famous in baseball jurisprudence--cases that helped shape the game as it is today." -- Chris Foran, The Milwaukee Journal Sentinel (from 11 new baseball books to add to your lineup) "Baseball and the Law offers a wealth of information for students and baseball fans alike... Schiff and Jarvis present cases and notes that help us appreciate, understand, and gain insight into some of the most important legal and social issues of the past and present... The abundance of information and wealth of knowledge that this text offers makes it an invaluable resource... [I]t is current, enthusiastic, well-researched, thorough, and full of fascinating, historical details (lots of interesting baseball trivia too)... One of the most enjoyable aspects of the text is the notes following the cases. The notes practically comprise a treatise on baseball law and lore in and of themselves." -- Russ VerSteeg, Marquette Sports Law Review "Baseball and the Law is intended to be a textbook for courses in this specialized area. It is probably ideal for its intended purpose, but it is also a remarkable reference tool for anyone interested in the topic. The greatest strength of the book is its level of detail. It is more than one thousand pages of big-picture overview, small details, and reference after reference. Every baseball-related legal case I have ever heard of, as well as hundreds that I knew nothing about, appears to be excerpted or described in the text. Further, the authors reference baseball historians, philosophers, political scientists, journalists, and bloggers who have written on the topic. These references are more than simply citations; rather, they are brief summations of the author''s points and sometimes a critique of that perspective. These references are more like an annotated bibliography than the traditional footnotes to which a sport historian might be used." --Sarah K. Field, Journal of Sport History "This is a book that every lawyer who is also a baseball fan (or any kind of sports fan) will enjoy reading and referencing... It is hard to write about baseball without, wel
Download or read book Baseball s Pivotal Era 1945 1951 written by William Marshall and published by University Press of Kentucky. This book was released on 2021-11-21 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: With personal interviews of players and owners and with over two decades of research in newspapers and archives, Bill Marshall tells of the players, the pennant races, and the officials who shaped one of the most memorable eras in sports and American history. At the end of World War II, soldiers returning from overseas hungered to resume their love affair with baseball. Spectators still identified with players, whose salaries and off-season employment as postmen, plumbers, farmers, and insurance salesmen resembled their own. It was a time when kids played baseball on sandlots and in pastures, fans followed the game on the radio, and tickets were affordable. The outstanding play of Joe DiMaggio, Stan Musial, Ted Williams, Bob Feller, Don Newcombe, Warren Spahn, and many others dominated the field. But perhaps no performance was more important than that of Jackie Robinson, whose entrance into the game broke the color barrier, won him the respect of millions of Americans, and helped set the stage for the civil rights movement. Baseball's Pivotal Era, 1945-1951 also records the attempt to organize the Pittsburgh Pirates and the Mexican League's success in luring players south of the border that led to a series of lawsuits that almost undermined baseball's reserve clause and antitrust exemption. The result was spring training pay, uniform contracts, minimum salary levels, player representation, and a pension plan—the very issues that would divide players and owners almost fifty years later. During these years, the game was led by A.B. "Happy" Chandler, a hand-shaking, speech-making, singing Kentucky politician. Most owners thought he would be easily manipulated, unlike baseball's first commissioner, the autocratic Judge Kennesaw Mountain Landis. Instead, Chandler's style led one owner to complain that he was the "player's commissioner, the fan's commissioner, the press and radio commissioner, everybody's commissioner but the men who pay him."
Download or read book The Law of Sports written by John C. Weistart and published by Lexis Law Publishing (Va). This book was released on 1979 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is intended for the general practitioner as well as the sports law specialist. Topics covered include regulation of amateur athletics, public regulation of sports activities, legal relationships in professional sports, enforcement of professional sports contracts, antitrust aspects of sports activities, collective bargaining and professional sports, and federal income taxation of sports activities.
Download or read book The Application of Federal Antitrust Laws to Major League Baseball written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2002 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Organization Control and the Single Entity Defense in Antitrust written by Dean V. Williamson and published by . This book was released on 2006 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book May the Best Team Win written by Andrew S. Zimbalist and published by Brookings Inst Press. This book was released on 2003 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major League Baseball is experiencing a period of distinct uncertainty. Average game attendance has fallen since the 1994 strike. Congress has called into question baseball's presumed antitrust exemption. Broadcast rights disputes for popular teams have created complications for fans. However, new stadium facilities and, more important, the renewed excitement brought to the game by shattered batting records and the blazing pitchers of the late 90's brought fans back. A strike was narrowly averted at the end of the 2002 season, a campaign that yielded one of the most exciting post-seasons yet, with the unlikely Anaheim Angels claiming the coveted World Series trophy.Beneath these encouraging developments deep problems persist within Major League Baseball. Though a labor agreement was finally reached between players and owners, the specter of another dispute looms in the minds of fans. The new agreement, while a positive step, introduces several perverse incentives and will only make a modest dent in baseball's economic deformities. While Commissioner Bud Selig's proposal to eliminate two under-performing franchises was put on hold, the Players Association has agreed not to challenge an owner effort to contract two teams before the 2007 season. Beyond that, Selig himself has become the object of controversy, as questions regarding his possible conflicts of interest and poor leadership taint his reign over baseball. Disputes surrounding the establishment of regional sports networks, such as New York's YES network, make it more difficult and expensive for fans to watch their favorite teams. Tough questions about baseball's presumed special antitrust status have been raised by many, including an official Congressional inquiry.This book explores the abuses and inefficiencies in the functioning of the baseball industry and how these problems are directly connected to Major League Baseball's monopoly status, its presumed exemption from antitrust regulation, and public policy. Andrew Zimbalist, a noted sports economist, spares no criticism for baseball's current leadership. He asserts that the biggest problem for baseball remains the economic realities of its monopolistic practices. The absence of competitive pressure has bred arrogance, laxity, and inefficiency in Major League Baseball, according to Zimbalist. Among other recommendations, he argues that lifting the presumed exemption would allow government and judicial oversight, with an eye toward ending the abuses.May the Best Team Win provides a solid, hard-hitting analysis of the current state of America's pastime. Easily accessible and highly informative, it is bound to become a standard reference tool for fans seeking a deeper understanding of the important issues
Download or read book The Extra 2 written by Jonah Keri and published by ESPN. This book was released on 2011-03-08 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when three financial industry whiz kids and certified baseball nuts take over an ailing major league franchise and implement the same strategies that fueled their success on Wall Street? In the case of the 2008 Tampa Bay Rays, an American League championship happens—the culmination of one of the greatest turnarounds in baseball history. In The Extra 2%, financial journalist and sportswriter Jonah Keri chronicles the remarkable story of one team’s Cinderella journey from divisional doormat to World Series contender. When former Goldman Sachs colleagues Stuart Sternberg and Matthew Silverman assumed control of the Tampa Bay Devil Rays in 2005, it looked as if they were buying the baseball equivalent of a penny stock. But the incoming regime came armed with a master plan: to leverage their skill at trading, valuation, and management to build a model twenty-first-century franchise that could compete with their bigger, stronger, richer rivals—and prevail. Together with “boy genius” general manager Andrew Friedman, the new Rays owners jettisoned the old ways of doing things, substituting their own innovative ideas about employee development, marketing and public relations, and personnel management. They exorcized the “devil” from the team’s nickname, developed metrics that let them take advantage of undervalued aspects of the game, like defense, and hired a forward-thinking field manager as dedicated to unconventional strategy as they were. By quantifying the game’s intangibles—that extra 2% that separates a winning organization from a losing one—they were able to deliver to Tampa Bay something that Billy Beane’s “Moneyball” had never brought to Oakland: an American League pennant. A book about what happens when you apply your business skills to your life’s passion, The Extra 2% is an informative and entertaining case study for any organization that wants to go from worst to first.
Download or read book Sports Law written by Matthew J. Mitten and published by Wolters Kluwer Law & Business. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of the leading sports law casebook joined with two of the leaders in the sports law field to develop a problem-based sports law and governance text for undergraduate and graduate students. The text is presented in the traditional law school case method style, with a unique focus on how those regulatory and governance materials can be used to solve problems in sports, from issues like Deflategate to the future of big-time intercollegiate athletics. Whether students are interested in careers in professional or amateur sports law, they will acquire foundational knowledge that will help them identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor/employment, antitrust, and intellectual property law are all addressed, as well as health and safety issues and high school, college, and international/Olympic/regulatory concerns. In a world where sports has proven to be a leader, the book also addresses racial and gender equity issues in depth.
Download or read book The Federal League of Base Ball Clubs written by Robert Peyton Wiggins and published by McFarland. This book was released on 2008-09-30 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last independent major league ended its brief run in 1915, after only two seasons at the national pastime’s top level. But no competitor to establishment baseball ever exerted so much influence on its rival, with some of the most recognizable elements of the game today—including the commissioner system, competition for free agents, baseball’s antitrust exemption, and even the beloved Wrigley Field—traceable to the so-called outlaw organization known as the Federal League of Base Ball Clubs. This comprehensive history covers the league from its formation in 1913 through its buyout, dissolution, and legal battles with the National and American leagues. The day-to-day operation of the franchises, the pennant races and outstanding players, the two-year competitive battle for fans and players, and the short- and long-term impact on the game are covered in detail.