The Court Imposed Major League Baseball Antitrust Exemption
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The Court Imposed Major League Baseball Antitrust Exemption
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
language : en
Publisher:
Release Date : 1996
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Distributed to some depository libraries in microfiche.
The Court Imposed Major League Baseball Antitrust Exemption
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Author : Strom Thurmond
language : en
Publisher:
Release Date : 1999-09
The Court Imposed Major League Baseball Antitrust Exemption written by Strom Thurmond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09 with categories.
Senate hearing on the baseball antitrust exemption, held during a baseball strike, which was bad for baseball fans & for the economic health of the cities in which major league teams are located. Witnesses: Allan H. Selig, Pres., Milwaukee Brewers Baseball Club, & Chmn., Major League Executive Council, with Chuck O'Connor, counsel; James F. Rill, Collier, Shannon, Rill Scott, on behalf of major league baseball; David Cone, Eddie Murray, & Donald M. Fehr, Exec. Dir., Major League Baseball Players Assoc.; & Kevin J. Arquit, Rogers & Wells, on behalf of the Major League Baseball Players Assoc.
Baseball On Trial
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Author : Nathaniel Grow
language : en
Publisher: University of Illinois Press
Release Date : 2014-03-05
Baseball On Trial written by Nathaniel Grow and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-05 with Law categories.
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.
The Application Of Federal Antitrust Laws To Major League Baseball
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2002
The Application Of Federal Antitrust Laws To Major League Baseball written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Antitrust law categories.
Baseball S Antitrust Exemption
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
language : en
Publisher:
Release Date : 1993
Baseball S Antitrust Exemption written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Antitrust law categories.
The Baseball Trust
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Author : Stuart Banner
language : en
Publisher: Oxford University Press
Release Date : 2013-03-01
The Baseball Trust written by Stuart Banner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Sports & Recreation categories.
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.
Regulating The National Pastime
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Author : Jerold J. Duquette
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1999-11-30
Regulating The National Pastime written by Jerold J. Duquette and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-30 with Political Science categories.
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.
The Impact On Collective Bargaining Of The Antitrust Exemption H R 5095 Major League Play Ball Of 1995
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Author : United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
language : en
Publisher:
Release Date : 1995
The Impact On Collective Bargaining Of The Antitrust Exemption H R 5095 Major League Play Ball Of 1995 written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
Distributed to some depository libraries in microfiche.
Professional Baseball Teams And The Antitrust Laws
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
language : en
Publisher:
Release Date : 1995
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Baseball S Reserve System
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Author : Neil F. Flynn
language : en
Publisher:
Release Date : 2006
Baseball S Reserve System written by Neil F. Flynn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
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.