The Narcotic Effect Of Antitrust Law In Professional Sports
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The Narcotic Effect Of Antitrust Law In Professional Sports
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Author : Michael H. LeRoy
language : en
Publisher:
Release Date : 2011
The Narcotic Effect Of Antitrust Law In Professional Sports written by Michael H. LeRoy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Using textual analysis and data from federal court opinions, I explore the relationship between collective bargaining and antitrust litigation in baseball, football, basketball, and hockey. Since collective bargaining began in these sports in the 1960s, there have been 21 strikes or lockouts. Baseball and football have had the most labor strife, with 8 work stoppages apiece - but their experiences have been very different. Because the Supreme Court ruled that baseball is completely exempt from antitrust law, players have had to use the strike weapon under the National Labor Relations Act (NLRA) to liberalize free agency and increase team competition for their services. Football players, in contrast, staged several unsuccessful strikes in the 1970s and 1980s. Because of their weak bargaining power, they decertified their union in 1991 and 2011. This gave them standing as individuals under the Sherman Act to challenge NFL restrictions on their labor market mobility. Using detailed case materials, I show how a district court constantly supervised their labor agreement from 1993-2011. My study draws from legal and industrial relations theories to explain how labor agreements in pro sports are settled by collective bargaining or antitrust litigation. First, when courts do not define the antitrust-labor law boundary so that labor disputes are exempt from their jurisdiction, they open an alternative path to bargaining these agreements. Second, when courts entertain antitrust lawsuits, they raise the odds that economic weapons under the NLRA will not be used because of judicial inclination to protect players from irreparable harm and injury resulting from league-imposed labor market restrictions. Third, as this behavior becomes a pattern, collective bargaining is disrupted by faulty information as players, unions, and leagues guesstimate the odds that their differences will be settled at a collective bargaining table or in a court supervised negotiation. Fourth, as players negotiate better agreements in court compared to the bargaining table, they become addicted to this settlement process. To apply these theories, I use data from 82 federal antitrust court opinions from 1965-2011. Individual players are the most common antitrust plaintiff (65.5%), compared to player unions (8.6%). This means the dispute resolution processes of collective bargaining are supplanted by litigation in federal courts. And except for baseball players, pro athletes often lose labor disputes when economic weapons are used. Their dismal bargaining experience substantially improves, however, by suing under the Sherman Act. In court, players win 43.9% of the rulings, compared to 46.3% for the leagues. These rulings - for example, an injunction that ends a league's restrictions on free agency - can have dramatic consequences for antitrust settlements that are later codified in a collective bargaining agreement. Textual analysis of cases supports this conclusion. Applying the “narcotic effect” theory from industrial relations, I conclude that antitrust litigation addicts players in football and basketball to the adjudicatory procedures of the Sherman Act - thereby replacing collective bargaining. This is undesirable because Congress intended, under the NLRA, to leave labor and management free from government interference as they adjust their differences. In contrast, baseball's total exemption from antitrust law, combined with its high frequency of work stoppages, shows what happens when the opiate of antitrust litigation is not available to players: In time, labor and management establish an informed bargaining protocol, and work through their issues by making difficult concessions on their own. As long as courts entertain these sports lawsuits under the Sherman Act, collective bargaining will be subverted.
Sports And The Law
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Author : Charles E. Quirk
language : en
Publisher: Routledge
Release Date : 2014-07-10
Sports And The Law written by Charles E. Quirk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-10 with Law categories.
First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
The Oxford Handbook Of American Sports Law
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Author : Michael A. McCann
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of American Sports Law written by Michael A. McCann 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 2018 with Law categories.
The Oxford Handbook of American Sports Law takes the reader through the most important controversies and critical developments in law and U.S. sports. Over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. The Handbook is the first book to gather dozens of perspectives on sports law controversies in the United States, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans. The Oxford Handbook of American Sports Law incorporates analysis of key historical events in sports law-such as the rise of free agency in professional sports and the concept of amateurism for college athletes-and their broader context. Contemporary legal controversies in U.S. sports and their accompanying questions are also of central importance: In a sensible legal system, how would long-term neurological injuries from contact sports be addressed? How would the use of racially insensitive team names be resolved? How would a seemingly trivial dispute over air pressure in footballs be studied from the competing perspectives of players, teams, and leagues? The Oxford Handbook of American Sports Law weighs not just the facts, but how courts and lawmakers ought to consider the most important questions at stake. The essays in this volume also canvass the types of legal controversies in sports likely to surface in the future. This is particularly true of law and technology matters, including those related to broadcasting and streaming. Legal doctrine has been and will continue to be forced to adapt to these developments, and the Handbook both forecasts coming debates and outlines where the law may be headed.
Private Regulation And The Internal Market
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Author : Mislav Mataija
language : en
Publisher: Oxford University Press
Release Date : 2016
Private Regulation And The Internal Market written by Mislav Mataija 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 2016 with Law categories.
How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? Through a close analysis of three case studies (sports, the legal profession, and standard-setting) this book studies how internal market law is used as a control mechanism over private regulators.
Report
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Author : United States. Congress Senate
language : en
Publisher:
Release Date :
Report written by United States. Congress Senate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with United States categories.
Sports Law
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Author : Matthew J Mitten
language : en
Publisher: Aspen Publishing
Release Date : 2024
Sports Law written by Matthew J Mitten and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Sports categories.
"Textbook on sports law for undergraduate business law students"--
Principles And Practice Of Sport Management
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Author : Lisa P. Masteralexis
language : en
Publisher: Jones & Bartlett Publishers
Release Date : 2014-08-15
Principles And Practice Of Sport Management written by Lisa P. Masteralexis and has been published by Jones & Bartlett Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-15 with Education categories.
From the basic knowledge and skill sets of a sport manager to the current trends and issues in the sport management industry, the Fifth Edition of this best-selling text provides the foundation for students as they study and prepare for a variety of sport management careers. The authors, all well-known sport industry professionals, show students how to apply their new knowledge and skills to any segment in the sport industry from high school to the international arena. Principles and Practice of Sport Management, Fifth Edition continues to offer historical perspectives as well as thoughts about current and future industry issues and trends. It has, however, undergone substantial content updates in every chapter, including the inclusion of new developments or managerial approaches happening in the sport world, as well as the addition of new chapters on new media in sport and club management. - New full color design and art program - Contains practical advice on how virtual communitites and social networks can affect the job search process - Provides updated information on salaries in professional sports - Includes sections on evaluating coaches, programmatic goals, ethics, finances, and marketing as they relate to youth sports - Contains more in-depth coverage of disabilities in sports - New and updated content on the growing safety concerns related to concussions in youth sports through professional sports and within the NFL - New discussion of the ethical and legal implications of the Jerry Sandusky case - Current Issues section updated with new material on event security and the Boston Marathon bombings.
Reports And Documents
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Author : United States. Congress
language : en
Publisher:
Release Date : 1964
Reports And Documents written by United States. Congress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with categories.
Steroids In Amateur And Professional Sports The Medical And Social Costs Of Steroid Abuse
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1990
Steroids In Amateur And Professional Sports The Medical And Social Costs Of Steroid Abuse 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 1990 with Anabolic steroids categories.
Drug Price Discrimination Laws And The Robinson Patman Act
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Author :
language : en
Publisher: American Bar Association
Release Date : 1996
Drug Price Discrimination Laws And The Robinson Patman Act written by and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.