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 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 Court imposed Major League Baseball Antitrust Exemption written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition and published by . This book was released on 1996 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Download or read book Regulating the National Pastime written by Jerold J. Duquette and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major League Baseball, alone among industries of its size in the United States, operates as an unregulated monopoly. This 20th-century regulatory anomaly has become known as the baseball anomaly. Major League Baseball developed into a major commercial enterprise without being subject to antitrust liability. Long after the interstate commercial character of baseball had been established and even recognized by the Supreme Court, baseball's monopoly remained free from federal regulation. Duquette explains the baseball anomaly by connecting baseball's regulatory status to the larger political environment, tracing the game's fate through four different regulatory regimes. The constellation of institutional, ideological, and political factors within each regulatory regime provides the context for the survival of the baseball anomaly. Duquette shows baseball's unregulated monopoly persists because of the confluence of institutional, ideological, and political factors which have prevented the repeal of baseball's antitrust exemption to date. However, both the institutional and ideological factors are fading fast. Baseball's owners can no longer claim special cultural significance in defense of their exemption. Nor can they credibly claim that the commissioner system approximates government regulation effectively. Both of these strategies have been discredited by the labor unrest of the 1980s and 1990s. Duquette provides a unique perspective on American regulatory politics, and by explaining a complicated story in comprehensive prose, he has given researchers, policy makers, and fans a fascinating look at the business of baseball.
Download or read book Baseball s Antitrust Exemption written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and published by . This book was released on 1993 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Professional Baseball Teams and the Antitrust Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1995 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Should Baseball be Subject to Antitrust Laws written by Elissa Meth and published by . This book was released on 1995 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Baseball s Antitrust Immunity written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1993 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Major League Baseball Antitrust Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Organized Professional Team Sports written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1957 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 8. pt. 1: Considers legislation on the applicability of the antitrust laws to organize professional sports enterprises. pt. 2: Continuation of hearings on sports teams and antitrust legislation. pt. 3: Continuation of antitrust hearings on professional sports antitrust exemptions.
Download or read book Baseball s Antitrust Exemption written by Kohm, Jr. (Joseph) and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the judicially created antitrust exemption Major League Baseball enjoys, as well as the effects of its repeal on the various components of the game.
Download or read book In Defense of Baseball s Antitrust Exemption written by Nathaniel Grow and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article challenges the overwhelming scholarly consensus opposing baseball's historic antitrust exemption on policy grounds by providing the first comprehensive defense of the exemption. The Article does so by advancing two primary arguments: first, it argues that the common criticisms of the baseball exemption are largely without merit. Specifically, given the treatment of the other major professional sports leagues under antitrust law, simply exposing baseball to antitrust liability alone will not yield the benefits that the exemption's critics believe, and in some cases would actually harm the public interest. Second, and perhaps more importantly, the Article argues that the existing literature has overlooked significant pro-competitive benefits that result from baseball's antitrust exemption. Specifically, because baseball is loath to lose its exemption legislatively, Congress has been able to use threats of revocation to help extract a variety of valuable concessions from Major League Baseball (MLB). These concessions provide pro-competitive benefits that would not have been directly obtained through antitrust litigation alone. Perhaps most notably, every single round of league expansion in MLB history has been directly preceded by a Congressional threat to revoke the sport's antitrust exemption. Therefore, baseball's antitrust exemption provides Congress with considerable leverage over the sport, ultimately leading to significant, but heretofore overlooked, pro-competitive benefits for the public. Thus, this Article rejects the existing scholarly consensus, and concludes that baseball's antitrust exemption ultimately has a net pro-competitive effect.
Download or read book Professional Sports Antitrust Bill 1965 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1965 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 950, to include baseball under antitrust law covering professional sports, and to exempt all professional sports teams from certain employment and geographic antitrust regulations. S. 950 was introduced in response to CBS' acquisition of New York Yankees.
Download or read book The Court Imposed Major League Baseball Antitrust Exemption written by United States Committee on th Judiciary and published by Forgotten Books. This book was released on 2017-01-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Court-Imposed Major League Baseball Antitrust Exemption: Hearing Before the Subcommittee on Antitrust, Business Rights, and Competition of the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, First Session The thurmond-leahy legislation repeals baseball's antitrust ex emption, while maintaining the status quo for the minor leagues. Protecting the current relations with the minor leagues is impor tant to avoid disruption of the more than 170 minor league teams which are thriving throughout our Nation. This is a priority which other members and I have clearly expressed. I am also concerned about the issue of franchise relocation, a subject on which I held hearings in the mid-1980's while serving as chairman of the Judiciary Committee. Relocation is a significant issue to baseball, as well as other professional sports. If the anti trust laws need adjustment in this area, we will consider this mat ter in the context of all professional sports. Thus, the Thurmond Leahy bill does not address franchise relocation, but separate legis lation is being considered to protect objective franchise relocation rules in all professional sports. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Subjecting Professional Baseball Clubs to the Antitrust Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1954 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (83) S.J. Res. 133.
Download or read book Professional Sports and Antitrust written by Warren Freedman and published by Praeger. This book was released on 1987-09-19 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experienced attorney and sports enthusiast Freedman provides a comprehensive and extremely informative discussion of the antitrust legislation that affects professional sports--now undeniably a major business in the United States. In addition to thorough coverage of such legal aspects of professional sports as exemption and non-exemption from antitrust laws, anti-competitive practices, restraints of trade, and state regulation, Freedman also provides relevant case law and supporting decisions throughout. Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports--baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer--as pertains to antitrust laws. He offers an incisive analysis of monopolistic aspects of professional sports and other anti-competitive practices against the professional athlete and also examines state regulations and tort and contract liability in professional sports. He concludes with a chapter on the relationship between professional sports and First Amendment freedom of expression.
