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A History and Analysis of Baseball's Three Antitrust Exemptions
Volume 2 Issue 2 Article 4 1995 A History and Analysis of Baseball's Three Antitrust Exemptions Joseph J. McMahon Jr. Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Antitrust and Trade Regulation Commons, and the Entertainment, Arts, and Sports Law Commons Recommended Citation Joseph J. McMahon Jr., A History and Analysis of Baseball's Three Antitrust Exemptions, 2 Jeffrey S. Moorad Sports L.J. 213 (1995). Available at: https://digitalcommons.law.villanova.edu/mslj/vol2/iss2/4 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. McMahon: A History and Analysis of Baseball's Three Antitrust Exemptions A HISTORY AND ANALYSIS OF BASEBALL'S THREE ANTITRUST EXEMPTIONS JOSEPH J. MCMAHON, JR.* AND JOHN P. RossI** I. INTRODUCTION What is professional baseball? It is difficult to answer this ques- tion without using a value-laden term which, in effect, tells us more about the speaker than about the subject. Professional baseball may be described as a "sport,"' our "national pastime,"2 or a "busi- ness."3 Use of these descriptors reveals the speaker's judgment as to the relative importance of professional baseball to American soci- ety. Indeed, all of the aforementioned terms are partially accurate descriptors of professional baseball. When a Scranton/Wilkes- Barre Red Barons fan is at Lackawanna County Stadium 4 ap- plauding a home run by Gene Schall, 5 the fan is engrossed in the game's details. -
She Ifriltoiflc S In
Try ^ w ea th er THE HILLSIDE 'TIMES >nd somewhat warawJ to- For Your Next Order Of Ui tome1TOf ’ . v'> ; , She Ifriltoiflc Sinus PRINTING ^U f^or-660- - HILLSIDE, N, J„ FRIDAY, JULY i m PRICE FIVE CENTS Cougji Vaccine HILLSIDE ELKS AT nHle&fion Authorize Formation Of Industrial FROLIC IN UNION Death Rides Held Success ■’"About twenty-five members of., Hills? Negotiation Board Awaiting Report side Lodg'fe 1591, B. P. Q. Elks, attended Highway For It an informal .outdoor frolic b n the Formation of an official Industrial could, toe a .part' of the, industrial Asso-. Health Physician -Believes grounds: of Union Lodge last night wnets call N orth - Broad Plffitiiiiiag Board for the township was tatidn, "tout, deblared his wiflngness tqt The .occasion wds’: th e birthday-. anni Eg of Rid?way av^tde, W W Of H.S. Site delayed another week, w hen: flo report support' ahy. plan Which would pro- Semm Will Become More versary'of Ohailes 'V^'^Mink, thred Second Time i received by the Township Commit- tecT industfy and bring otlers Jibre, Effective With Time times exalted ruler" of 'the Union group. ^ uhml said th is week in WedheSday night from-the Shows Bayonne Pamphlet other "lodges’ were repre® iits on' the east siae oi CnmnntteB Givte ■School- pidiiiiing its w g a m z a m r wuow- ""'"ECiwara T rm c g i^ ..tfeuenjr 7 leading Elks .of the City Man Succumbs te declared f f l i M i M M Board Power tp Buy a Ing* a meeting Monday with -repr m ent agent for th e Lehigh mlley R ail- sough vaccine in Hillside doning- thS state . -
The Next Labor Market in College Sports
STANDEN (DO NOT DELETE) 5/20/2014 12:37 PM View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oregon Scholars' Bank JEFFREY STANDEN The Next Labor Market in College Sports I. The Invariance Principle and the Baseball Labor Market ... 1097 II. The Labor Market in College Sports ................................... 1105 III. Student-Athletes Who Are Paid .......................................... 1116 IV. The Unlikely Demise of the Amateur Athlete ..................... 1123 Conclusion ...................................................................................... 1126 he 1956 publication of Simon Rottenberg’s The Baseball TPlayers’ Labor Market1 began the serious academic study of sports. This insightful article is brimming with ideas and spurred a generation of economic analysis.2 It is also a startlingly prescient, if un-cited, prelude to Ronald Coase’s subsequent work that gained great traction in the legal academy.3 Coase’s article became the most cited journal article in the history of legal scholarship4 and earned its author the Nobel Prize in Economics.5 Rottenberg’s paper, however, Dean and Professor of Law, Northern Kentucky University Chase College of Law. Research assistance was provided by Jeremie Imbus, Stephanie Isaacs, Brian Morris, and Shaun Roberts. 1 Simon Rottenberg, The Baseball Players’ Labor Market, 64 J. POL. ECON. 242 (1956), available at http://www.vanderbilt.edu/econ/faculty/Vrooman/rottenberg.pdf. 2 Allen R. Sanderson & John J. Siegfried, Simon Rottenberg and Baseball, Then and Now: A 50th Anniversary Retrospective (Vanderbilt Univ. Dep’t of Econ., Working Paper No. 06-W06, 2006), available at http://www.vanderbilt.edu/econ/wparchive/workpaper /vu06-w06.pdf. 3 Ronald Coase, The Problem of Social Cost, 3 J.L. -
<< HOPE in CRISIS 2020 ALUMNI
ALUMNI MAGAZINE • WINTER 2020 << HOPE IN CRISIS 2020 ALUMNI MEDALLION THE GREATEST SHOWMEN “ William & Mary has given me so much, I want to pass it down the line. It’s important for the future of the university.” — Betsy Calvo Anderson ’70, HON J.D. ’15, P ’00 YOUR LEGACY FOR ALL TIME COMING. “ Why do I give? I feel lucky to have a unique perspective on William & Mary. As a Muscarelle Museum of Art Foundation board member, an emeritus member of the William & Mary Law School Foundation board and a past president of the Alumni Association, I’ve seen first-hand the resources and commitment it takes to keep William & Mary on the leading edge of higher education — and how diligently the university puts our contributions to work. My late husband, Alvin ’70, J.D. ’72, would be happy to know that in addition to continuing our more than 40-year legacy of annual giving, I’ve included our alma mater in my estate plans. Although I never could have imagined when I arrived on campus at age 18 what an enormous impact William & Mary would have on my life, I also couldn’t have imagined the opportunity I would have to positively influence the lives of others.” WILLIAM & MARY For assistance with your charitable gift plans, contact OFFICE OF GIFT PLANNING Kirsten A. Kellogg ’91, Ph.D., Executive Director of Principal Gifts and Gift Planning, at (757) 221-1004 or [email protected]. giving.wm.edu/giftplanning BOLD MOMENTS DEFINE US. For Omiyẹmi, that moment was when she stopped waiting for approval to create art and started devising her own opportunities. -
Name Birth/Death Age Range/Site Kahl, John George D. 12 Dec 1905
Name Birth/Death Age Range/Site Kahl, John George d. 12 Dec 1905 R107/233 Kahl. On December 12, 1905 at 1:15 o'clock a.m., John George Kahl, eldest son of the late John Francis and Johanna Kahl. Funeral Thursday, December 14 at 2 o'clock from his late residence, 514 5th street southeast. Interment private. Kahl, Sarah N. b. 13 Aug 1827 - d. 1 Aug 1911 R70/102 The Evening Star, August 2, 1911, p. 2 Death of Mrs. S.R. Kahl Funeral Services Will Be Held Tomorrow Afternoon Funeral services for Mrs. Sarah R. Kahl, who died at her home in the Astoria apartment house, 3d and G streets northwest, shortly before 12 o'clock last night, will be held tomorrow afternoon. Brief services will be held at the home of her daughter, Mrs. Augusta Sherman, 515 H street northwest, after which the body will be removed to Trinity M.E. Church, 5th and E streets southeast, where a service will be held. Rev. H.S. France will officiate. Burial will be made in Congressional cemetery. Mrs. Kahl was born in St. Marys county, Md., August 13, 1827. While still young she came to this city, where she lived ever since. She was married twice, the first time to Berry Wilkerson. After his death she was married to John G. Kahl, who died several years ago. Mrs. Kahl leaves fifteen children, thirty grandchildren, twenty great-grandchildren and one great-great- grandchild. At her bedside when she died were several of her children, Mrs. Emma E. Lane, Mrs. -
Baseball Cyclopedia
' Class J^V gG3 Book . L 3 - CoKyiigtit]^?-LLO ^ CORfRIGHT DEPOSIT. The Baseball Cyclopedia By ERNEST J. LANIGAN Price 75c. PUBLISHED BY THE BASEBALL MAGAZINE COMPANY 70 FIFTH AVENUE, NEW YORK CITY BALL PLAYER ART POSTERS FREE WITH A 1 YEAR SUBSCRIPTION TO BASEBALL MAGAZINE Handsome Posters in Sepia Brown on Coated Stock P 1% Pp Any 6 Posters with one Yearly Subscription at r KtlL $2.00 (Canada $2.00, Foreign $2.50) if order is sent DiRECT TO OUR OFFICE Group Posters 1921 ''GIANTS," 1921 ''YANKEES" and 1921 PITTSBURGH "PIRATES" 1320 CLEVELAND ''INDIANS'' 1920 BROOKLYN TEAM 1919 CINCINNATI ''REDS" AND "WHITE SOX'' 1917 WHITE SOX—GIANTS 1916 RED SOX—BROOKLYN—PHILLIES 1915 BRAVES-ST. LOUIS (N) CUBS-CINCINNATI—YANKEES- DETROIT—CLEVELAND—ST. LOUIS (A)—CHI. FEDS. INDIVIDUAL POSTERS of the following—25c Each, 6 for 50c, or 12 for $1.00 ALEXANDER CDVELESKIE HERZOG MARANVILLE ROBERTSON SPEAKER BAGBY CRAWFORD HOOPER MARQUARD ROUSH TYLER BAKER DAUBERT HORNSBY MAHY RUCKER VAUGHN BANCROFT DOUGLAS HOYT MAYS RUDOLPH VEACH BARRY DOYLE JAMES McGRAW RUETHER WAGNER BENDER ELLER JENNINGS MgINNIS RUSSILL WAMBSGANSS BURNS EVERS JOHNSON McNALLY RUTH WARD BUSH FABER JONES BOB MEUSEL SCHALK WHEAT CAREY FLETCHER KAUFF "IRISH" MEUSEL SCHAN6 ROSS YOUNG CHANCE FRISCH KELLY MEYERS SCHMIDT CHENEY GARDNER KERR MORAN SCHUPP COBB GOWDY LAJOIE "HY" MYERS SISLER COLLINS GRIMES LEWIS NEHF ELMER SMITH CONNOLLY GROH MACK S. O'NEILL "SHERRY" SMITH COOPER HEILMANN MAILS PLANK SNYDER COUPON BASEBALL MAGAZINE CO., 70 Fifth Ave., New York Gentlemen:—Enclosed is $2.00 (Canadian $2.00, Foreign $2.50) for 1 year's subscription to the BASEBALL MAGAZINE. -
The Irish in Baseball ALSO by DAVID L
The Irish in Baseball ALSO BY DAVID L. FLEITZ AND FROM MCFARLAND Shoeless: The Life and Times of Joe Jackson (Large Print) (2008) [2001] More Ghosts in the Gallery: Another Sixteen Little-Known Greats at Cooperstown (2007) Cap Anson: The Grand Old Man of Baseball (2005) Ghosts in the Gallery at Cooperstown: Sixteen Little-Known Members of the Hall of Fame (2004) Louis Sockalexis: The First Cleveland Indian (2002) Shoeless: The Life and Times of Joe Jackson (2001) The Irish in Baseball An Early History DAVID L. FLEITZ McFarland & Company, Inc., Publishers Jefferson, North Carolina, and London LIBRARY OF CONGRESS CATALOGUING-IN-PUBLICATION DATA Fleitz, David L., 1955– The Irish in baseball : an early history / David L. Fleitz. p. cm. Includes bibliographical references and index. ISBN 978-0-7864-3419-0 softcover : 50# alkaline paper 1. Baseball—United States—History—19th century. 2. Irish American baseball players—History—19th century. 3. Irish Americans—History—19th century. 4. Ireland—Emigration and immigration—History—19th century. 5. United States—Emigration and immigration—History—19th century. I. Title. GV863.A1F63 2009 796.357'640973—dc22 2009001305 British Library cataloguing data are available ©2009 David L. Fleitz. All rights reserved No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage and retrieval system, without permission in writing from the publisher. On the cover: (left to right) Willie Keeler, Hughey Jennings, groundskeeper Joe Murphy, Joe Kelley and John McGraw of the Baltimore Orioles (Sports Legends Museum, Baltimore, Maryland) Manufactured in the United States of America McFarland & Company, Inc., Publishers Box 611, Je›erson, North Carolina 28640 www.mcfarlandpub.com Acknowledgments I would like to thank a few people and organizations that helped make this book possible. -
Insolvent Professional Sports Teams: a Historical Case Study
LCB_18_2_Art_2_Grow (Do Not Delete) 8/26/2014 6:25 AM INSOLVENT PROFESSIONAL SPORTS TEAMS: A HISTORICAL CASE STUDY by Nathaniel Grow* The U.S. professional sports industry has recently witnessed a series of high-profile bankruptcy proceedings involving teams from both Major League Baseball (“MLB”) and the National Hockey League (“NHL”). In some cases—most notably those involving MLB’s Los Angeles Dodgers and the NHL’s Phoenix Coyotes—these proceedings raised difficult issues regarding the proper balance for bankruptcy courts to strike between the authority of a professional sports league to control the disposition of its financially struggling franchise’s assets and the rights of the debtor team to maximize the value of its property. However, these cases did not mark the first time that a court was called upon to balance the interests of a professional sports league and one of its insolvent teams. Drawing upon original court records and contemporaneous newspaper accounts, this Article documents the history of two long-forgotten disputes in 1915 for the control of a pair of insolvent franchises in the Federal League of Professional Base Ball Clubs (specifically, the Kansas City Packers and the Indianapolis Hoosiers). In the process, the Article contends that despite the passage of time—and the different factual and procedural postures of the respective cases—courts both then and now have adopted similar approaches to managing litigation between professional sports leagues and their insolvent franchises. Moreover, the Article discusses how the history of these 1915 disputes helps explain why U.S. professional sports leagues have traditionally disfavored public franchise ownership. -
The Effects of Collective Bargaining on Minor League Baseball Players
\\jciprod01\productn\H\HLS\4-1\HLS102.txt unknown Seq: 1 14-MAY-13 15:57 Touching Baseball’s Untouchables: The Effects of Collective Bargaining on Minor League Baseball Players Garrett R. Broshuis* Abstract Collective bargaining has significantly altered the landscape of labor relations in organized baseball. While its impact on the life of the major league player has garnered much discussion, its impact on the majority of professional baseball players—those toiling in the minor leagues—has re- ceived scant attention. Yet an examination of every collective bargaining agreement between players and owners since the original 1968 Basic Agree- ment reveals that collective bargaining has greatly impacted minor league players, even though the Major League Baseball Players Association does not represent them. While a few of the effects of collective bargaining on the minor league player have been positive, the last two agreements have estab- lished a dangerous trend in which the Players Association consciously con- cedes an issue with negative implications for minor leaguers in order to receive something positive for major leaguers. Armed with a court-awarded antitrust exemption solidified by legisla- tion, Major League Baseball has continually and systematically exploited mi- * Prior to law school, the author played six years as a pitcher in the San Francisco Giants’ minor league system and wrote about life in the minors for The Sporting News and Baseball America. He has represented players as an agent and is a J.D. Candidate, 2013, at Saint Louis University School of Law. The author would like to thank Professor Susan A. FitzGibbon, Director, William C. -
This Entire Document
ENTERED AT PHILA. PC-ST OFFICE AS SECOND CLASS MATTER. THECOPY BIGHT, 1887, BY THB SP:IKTINO LIFE PUBLIBIIKQ Co. SPORTING LIFE. VOLUME 9, NO. 11. PHILADELPHIA, PA., JUNE 22, 1887. PRICE, FIVE CENTS. ID the Chicago game yesterday Sullivan was on first He has gone to Tacony, Pa., for a rest until tin end of course from one baw to another. Tbe umpire would when Darling fouled out to Myers, the latter throw the month, after which, if nothing tarns up, he will have been incowistant if he had derMe* the play dif return lo his store at Springfield. ferently, and I de-*ke to »y, in justice to Mr. Mc- ing to firbt in time to catch Sullivan, making a double LATE NEWS. STOLEN BASES. play. Piarce called it a fool, but after the play had Qna/'c, tbat there was not one decision he gave not in A Pitcher Reinstated. accord witli mv judgment. tx-en completed he changed his decision, declaring it a Very respectfully yours. 8. V. SMITH, strike. Chicago then made two runa and won the Special to SPORTING LIFE. JUNE 17,1887. 713 Ninth fclreet, Washington, D. C. game. Even Chicago people said it was rank. More Prizes For Players SYRACUSE, N.Y.,.Jnne 18. Pitcher Crolheis has been A Collision Which Almost Scoring Rule That reinstated. He apologized to Munaucr Simmons, and Welch's C»M» Settled. the latter thereupon, with the consent of the club di A KICK FROM MANCHESTER. rectory, restored Crothtrs to duty and the pay roll. BALTIMORE, June 18. -
Perfect Stage Representation
; Brooklyns had the Leaitne Games To-(lny. and Jimmy Watson, of Paterson, is also Champion Hovey to Marry. day, April 29, in Newton Centre, one of 9£ild and written. An opaque gloom has some loose fielding th most j.]le time. New York at Washington. uncertain. Watson is a new coiner In Boston, April 17..Invitations have been Boston's aristocratic suburbs. Her. settled over the Giants, and thoughts of the game virtually won in the seventh. Brooklyn at Baltimore. these parts, but over in Jersey he is looked Alvah Hovey, D. D., the president of New-: The Orioles tied the rall aua led off upon as a good one. He hiis fought two issued for the of F. H. ton Theological Seminary, is to perform TWIRLERS morrow do not tend to dispel the cloud. It in Daly Boston at Philadelphia. draws marriage Hovey, the Mr. is but the eighth Corccj stein were retired, with George Dixon, and was Billy the tennis of the United ceremony. Hovey about thirty is Jouett Meekin's next turn on the slab, with singles. Grim Pittsburg at Cincinnati. Plimnier's first opponent in America. champion States, years old. of aristocratic family and has a an,5^ t*he ball over Joe 'J^lio to Miss Sara of Newton. The and to-night there is a worried expression while Captain Griffin I-ence, antd Corcoran Chicago at Louisville. third bout of the night will be between Sanborn, world-wide reputation. The bride is from: Cleveland at St. Louis. Fred Mayo and Jaco is to be on the of one of the best families in the town. -
MAY BE ONE MORE. Clubs
TRADEMARKS!) BY THE SPORTINO LIFE PtTB. CO. ENTERED AT PHILA. P. O. AS SECOND CLASS MATTER VOLUME 26, NO. 7. PHILADELPHIA, NOVEMBER 9, 1895. PRICE, TEN CENTS. TRANSFERRING BALL PLAYERS. A REGULAR BILL NYE. Minor League Men Put Into the Big Such Appears to be Scrappy Joyce MAY BE ONE MORE. Clubs. of the Washingtons. Washington, D. C., Nov. 3. Nick E. As a base ball player, Billy Joyce, the A NEW CALIFORNIA LEAGUE FOR Young, president and secretary of the Senator's third baseman, does not need an BALL LEAGUE BEING National Base Ball League, is engaged in introduction, but unless, the "Washington ANOTHER negotiating the transfer of a number of Post" has given credit where it is not due. NEXT SEASON. minor league players to the clubs of the Scrappy is a regular Bill Nye. He is sup FIGURED ON. National League, under the rules per posed to have written the following gem; mitting this to be done upon the payment "I am back in St. Louis again. Some one in of $500 to the minor club as soon as the player Washington sent me the "Post," which says Six Cities, With San Francisco as a signs a League cor tract. The list of men thus I am looking for a political job. I am looking A New Tri-State Organization With far drafted for the season of 1896 include tbt for it, but 1 guess I will be cross-eyed before I following: find it. Alderman Cronin says he can get me a Central Point, Will Compose the Hulen, of Minneapolis, with Philadelphia: Yor- job on the police force, but I decline.