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Antitrust and Baseball: Stealing Holmes
Antitrust and Baseball: Stealing Holmes Kevin McDonald 1. introduction this: It happens every spring. The perennial hopefulness of opening day leads to talk of LEVEL ONE: “Justice Holmes baseball, which these days means the business ruled that baseball was a sport, not a of baseball - dollars and contracts. And business.” whether the latest topic is a labor dispute, al- LEVEL TWO: “Justice Holmes held leged “collusion” by owners, or a franchise that personal services, like sports and considering a move to a new city, you eventu- law and medicine, were not ‘trade or ally find yourself explaining to someone - commerce’ within the meaning of the rather sheepishly - that baseball is “exempt” Sherman Act like manufacturing. That from the antitrust laws. view has been overruled by later In response to the incredulous question cases, but the exemption for baseball (“Just how did that happen?”), the customary remains.” explanation is: “Well, the famous Justice Oliver Wendell Holmes, Jr. decided that baseball was exempt from the antitrust laws in a case called The truly dogged questioner points out Federal Baseball Club ofBaltimore 1.: National that Holmes retired some time ago. How can we League of Professional Baseball Clubs,‘ and have a baseball exemption now, when the an- it’s still the law.” If the questioner persists by nual salary for any pitcher who can win fifteen asking the basis for the Great Dissenter’s edict, games is approaching the Gross National Prod- the most common responses depend on one’s uct of Guam? You might then explain that the level of antitrust expertise, but usually go like issue was not raised again in the courts until JOURNAL 1998, VOL. -
National Pastime a REVIEW of BASEBALL HISTORY
THE National Pastime A REVIEW OF BASEBALL HISTORY CONTENTS The Chicago Cubs' College of Coaches Richard J. Puerzer ................. 3 Dizzy Dean, Brownie for a Day Ronnie Joyner. .................. .. 18 The '62 Mets Keith Olbermann ................ .. 23 Professional Baseball and Football Brian McKenna. ................ •.. 26 Wallace Goldsmith, Sports Cartoonist '.' . Ed Brackett ..................... .. 33 About the Boston Pilgrims Bill Nowlin. ..................... .. 40 Danny Gardella and the Reserve Clause David Mandell, ,................. .. 41 Bringing Home the Bacon Jacob Pomrenke ................. .. 45 "Why, They'll Bet on a Foul Ball" Warren Corbett. ................. .. 54 Clemente's Entry into Organized Baseball Stew Thornley. ................. 61 The Winning Team Rob Edelman. ................... .. 72 Fascinating Aspects About Detroit Tiger Uniform Numbers Herm Krabbenhoft. .............. .. 77 Crossing Red River: Spring Training in Texas Frank Jackson ................... .. 85 The Windowbreakers: The 1947 Giants Steve Treder. .................... .. 92 Marathon Men: Rube and Cy Go the Distance Dan O'Brien .................... .. 95 I'm a Faster Man Than You Are, Heinie Zim Richard A. Smiley. ............... .. 97 Twilight at Ebbets Field Rory Costello 104 Was Roy Cullenbine a Better Batter than Joe DiMaggio? Walter Dunn Tucker 110 The 1945 All-Star Game Bill Nowlin 111 The First Unknown Soldier Bob Bailey 115 This Is Your Sport on Cocaine Steve Beitler 119 Sound BITES Darryl Brock 123 Death in the Ohio State League Craig -
Anatomy of an Aberration: an Examination of the Attempts to Apply Antitrust Law to Major League Baseball Through Flood V
DePaul Journal of Sports Law Volume 4 Issue 2 Spring 2008 Article 2 Anatomy of an Aberration: An Examination of the Attempts to Apply Antitrust Law to Major League Baseball through Flood v. Kuhn (1972) David L. Snyder Follow this and additional works at: https://via.library.depaul.edu/jslcp Recommended Citation David L. Snyder, Anatomy of an Aberration: An Examination of the Attempts to Apply Antitrust Law to Major League Baseball through Flood v. Kuhn (1972), 4 DePaul J. Sports L. & Contemp. Probs. 177 (2008) Available at: https://via.library.depaul.edu/jslcp/vol4/iss2/2 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Sports Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. ANATOMY OF AN ABERRATION: AN EXAMINATION OF THE ATTEMPTS TO APPLY ANTIRUST LAW TO MAJOR LEAGUE BASEBALL THROUGH FLOOD V. KUHN (1972) David L. Snyder* I. INTRODUCTION The notion that baseball has always been exempt from antitrust laws is a commonly accepted postulate in sports law. This historical overview traces the attempts to apply antitrust law to professional baseball from the development of antitrust law and the reserve system in baseball in the late 1800s, through the lineage of cases in the Twen- tieth Century, ending with Flood v. Kuhn in 1972.1 A thorough exam- ination of the case history suggests that baseball's so-called antitrust "exemption" actually arose from a complete misreading of the Federal Baseball Club of Baltimore, Inc. -
Revisionist History and Post-Hypnotic Suggestions on the Interpretation Of
Marquette Sports Law Review Volume 20 Article 3 Issue 1 Fall "Mixed Metaphors," Revisionist History and Post- Hypnotic Suggestions on the Interpretation of Sports Antitrust Exemptions: The econdS Circuit's Use in Clarett of a Piazza-like "Innovative Reinterpretation of Supreme Court Dogma" Walter T. Champion, Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Walter T. Champion, Jr., "Mixed Metaphors," Revisionist History and Post-Hypnotic Suggestions on the Interpretation of Sports Antitrust Exemptions: The Second Circuit's Use in Clarett of a Piazza-like "Innovative Reinterpretation of Supreme Court Dogma", 20 Marq. Sports L. Rev. 55 (2009) Available at: http://scholarship.law.marquette.edu/sportslaw/vol20/iss1/3 This Symposium is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact [email protected]. "MIXED METAPHORS," REVISIONIST HISTORY AND POST-HYPNOTIC SUGGESTIONS ON THE INTERPRETATION OF SPORTS ANTITRUST EXEMPTIONS: THE SECOND CIRCUIT'S USE IN CLARETT OF A PIAZZA- LIKE "INNOVATIVE REINTERPRETATION OF SUPREME COURT DOGMA" BY WALTER T. CHAMPION, JR.* I. INTRODUCTION The United States Supreme Court has a history of misinterpreting cases that involve sports antitrust exemptions. The most infamous antitrust exemption case of this sort is Flood v. Kuhn.I This case "was an antitrust action based on baseball's failure to allow St. Louis Cardinals' outfielder Curt Flood to negotiate his own contract with another team on the basis that 'free agency' in any form, was not permitted under the reserve system." 2 As Curt Flood said, "I should be able to negotiate for myself in an open market and see just how much money this little body is worth. -
Congress and the Baseball Antitrust Exemption Ed Edmonds Notre Dame Law School, [email protected]
Notre Dame Law School NDLScholarship Journal Articles Publications 1994 Over Forty Years in the On-Deck Circle: Congress and the Baseball Antitrust Exemption Ed Edmonds Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Antitrust and Trade Regulation Commons, and the Entertainment, Arts, and Sports Law Commons Recommended Citation Ed Edmonds, Over Forty Years in the On-Deck Circle: Congress and the Baseball Antitrust Exemption, 19 T. Marshall L. Rev. 627 (1993-1994). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/470 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. OVER FORTY YEARS IN THE ON-DECK CIRCLE: CONGRESS AND THE BASEBALL ANTITRUST EXEMPTION EDMUND P. EDMONDS* In the history of the legal regulation of professional teams sports, probably the widest known and least precisely understood is the trilogy of United States Supreme Court cases' establishing Major League Baseball's exemption from federal antitrust laws 2 and the actions of the United States Congress regarding the exemption. In the wake of the ouster of Fay Vincent as the Commissioner of Baseball' and against * Director of the Law Library and Professor of Law, Loyola University School of Law, New Orleans. B.A., 1973, University of Notre Dame, M.L.S., 1974, University of Maryland, J.D., 1978, University of Toledo. I wish to thank William P. -
1945-05-25 [P
I The Sports Trail Benton As A’s I By WHITNEY MARTIN Injured Nip Tigers, 7-2 Jt&e toe Braves, with plenty o' Dave Ferriss Tells Nice Catch he was jump- money behind SOX STAGE >Eloper thought them now, out to buy RALLY, YANKEES TROUNCE SOTH MANAGERS height, when a Wcrt height, salary pennant much as Larry MacPhail How He Got Name for last in? "d the Cardinals week., bought one for Brooklyn* WHIP 8-2 WHITE fc« pTno idea he was jumping latter’ the Braves BROWNS, BOSTON, May 24.—(U.R)—Dave SOXERS, 6-3 PROTEST GAME H« that’s the way nouldconlTh?^ be the thI h,ad “ce, but dark horse of the (Boo) Feniss of the Boston Red ,or he all tlje league, if five d'pri out as jumped Cooper comes through Pitcher Jack Kramer Sent Sox who has won the first it to Boston and the he Chicago Commits Four :iir.n st Louis way did for the Cards last games he has pitched in the Detroit Mound Ace’s Ley vay world championship dub ft year. The club spent about To Showers Five Run Major leagues, explained to- for $250,000 By Bungles; Cuccineilo Raps Is Broken Liner Off team. new talent last night he acquired his nickname, By !ro!"th-place5 winter, picking * salary dispute up 12 or 14 star In Sixth “Lots of think I’m call- Out bjg pitcher’s minor leaguers a Uprising folks Three Singles Estalella’s Bat T Breadon unques- 01 that to owner Sam Wh°m areX going ed ‘Boo’ because I say »'llh fac- *r®at °,. -
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. -
Redeeming the Supreme Court: the Structure Behind the Baseball Trilogy and the Scope of the Baseball Antitrust Exemption
Journal of Intellectual Property Law Volume 27 Issue 1 Article 3 March 2020 Redeeming the Supreme Court: The Structure Behind the Baseball Trilogy and the Scope of the Baseball Antitrust Exemption Christian L. Neufeldt Harvard University, Extension School Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Antitrust and Trade Regulation Commons Recommended Citation Christian L. Neufeldt, Redeeming the Supreme Court: The Structure Behind the Baseball Trilogy and the Scope of the Baseball Antitrust Exemption, 27 J. INTELL. PROP. L. 21 (2020). Available at: https://digitalcommons.law.uga.edu/jipl/vol27/iss1/3 This Article is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Redeeming the Supreme Court: The Structure Behind the Baseball Trilogy and the Scope of the Baseball Antitrust Exemption Cover Page Footnote ALM Candidate, Harvard University, Extension School. Dipl.-Jur. (JD/LLB equivalent), Georg-August University, School of Law, Göttingen (Germany) 2016; LLM, Tilburg University, Law School, Tilburg (The Netherlands) 2017; Grad. Cert. in Legal Studies, Harvard University, 2018. The author would like to thank Harvard Law School’s Professor Peter A. Carfagna and Richard Volante, Esq. for their support on an earlier draft of this article. This article is available in Journal of Intellectual Property Law: https://digitalcommons.law.uga.edu/jipl/vol27/iss1/3 Neufeldt: Redeeming the Supreme Court: The Structure Behind the Baseball Tr REDEEMING THE SUPREME COURT: THE STRUCTURE BEHIND THE BASEBALL TRILOGY AND THE SCOPE OF THE BASEBALL ANTITRUST EXEMPTION Christian L. -
A Call for the Unionization of Minor League Baseball David M
Hofstra Labor and Employment Law Journal Volume 14 | Issue 1 Article 6 1996 Step Up to the Bargaining Table: A Call for the Unionization of Minor League Baseball David M. Szuchman Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Szuchman, David M. (1996) "Step Up to the Bargaining Table: A Call for the Unionization of Minor League Baseball," Hofstra Labor and Employment Law Journal: Vol. 14: Iss. 1, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol14/iss1/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Szuchman: Step Up to the Bargaining Table: A Call for the Unionization of M NOTES STEP UP TO THE BARGAINING TABLE: A CALL FOR THE UNIONIZATION OF MINOR LEAGUE BASEBALL "They could make you stand on a street comer naked and sell lollipops if they wanted to."' CONTENTS I. INTRODUCTION ............................... 266 I. THE ANTITRUST EXEMPTION IN MAJOR LEAGUE BASEBALL 269 A. The Supreme Court Decisions ................. 269 B. The Piazza Decision ........................ 273 C. The Butterworth Decision .................... 277 HI. APPLYING THE ANTITRUST EXEMPTION TO MINOR LEAGUE BASEBALL .................................. 278 A. The Draft and Major League Baseball Rules ....... 278 B. Restraints in the Minor Leagues Baseball System .... 279 C. The Antitrust Exemption and the Reserve Clause in Major League Baseball ....................... 287 IV. UNIONIZING MINOR LEAGUE BASEBALL ............ -
Diamond Justice—Teaching Baseball and the Law Edmund P
Notre Dame Law School NDLScholarship Journal Articles Publications 2016 Diamond Justice—Teaching Baseball and the Law Edmund P. Edmonds Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Edmund P. Edmonds, Diamond Justice—Teaching Baseball and the Law, 95 Or. L. Rev. 287 (2016) (book review). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1282 This Book Review is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. EDMONDS (DO NOT DELETE) 3/14/2017 12:46 PM Book Review Diamond Justice—Teaching Baseball and the Law BASEBALL AND THE LAW: CASES AND MATERIALS. Louis H. Schiff and Robert M. Jarvis. Durham, NC: Carolina Academic Press, 2016. ISBN - 13: 978-1-61163-502-7. Pp. 1014. $120.00 Reviewed by Ed Edmonds* Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.”1 Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools.2 By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have * Associate Dean for Library and Information Technology, Notre Dame Law School; A.B., University of Notre Dame; M.L.S., University of Maryland; J.D., University of Toledo. -
Win, L Ose Or Draw
Bosox Battles Menace Nats7 Hope of High Finish — < Slumping Washington Babe's Golf Gets Test Aces of Golf L ose or Draw Flashy College Win, From By FRANCIS E. STANN I Must Work Miracle Betty Jameson Today Tourney Held Future Associated It s Hot From Boston: 'Watch By Press Betty Jameson, San Francisco pro- Harvard'! DES MOINES, June 27—Babe fessional, in a quarterfinal contest, Our Beat Boston operative has just checked in with a startling hit of To Boston Didrikson Zaharias, who made her ! Betty, a tournament veteran, stopped Greats of Game Information ttfhiph up to now has been not classified, not confidential, debut as an exhibition player ill red-haired Shirley Spork, Detroit, 3 but. Burton Hawkins By rtis Associoted Press top seeret, "The best football team in the East,” he says, deliber- By years ago in Des Moines, is doihg and 2 in the second round. / Star Staff Correspondent a>j ately aWempWflg to make it as dramatic as passible, “will b< Harvard:” repeat performance in the wdmeQ's Phyllis Otto, Atlantic, Iowa, who PRINCETON, N.'.J., June 27.— EN ROUTE TO BOSTON, June NdW-.you’ve heard everything in connection with the coming foot- Western Open golf tournament. won the Western amateur title last Look lor these names; in the-head- ball The word was 27.—The Nats’ flicker of hope of The Babe, whose long clouts and Louise. campaign. passed; t£at Kofcr* .Vitfc year, Suggs, Lithia lines about amateur goifi—maybe not Dame was loaded. And Illinois. A»d Geatflfc, establishing themselves as pennant her woods have had envious male?!' Springs, Ga., co-medalist, clash in ■will this but in a more Alabama and Georgia Tech, pot to'm^jitlon possibilities glow or be snuffed muttering “I’m going to the, other upper bracket quarterfinal year, few year* j&tffo in the giwfupthiej and Pennsylvania. -
Nuevo Rey Del HR En Ligas Menores
Miércoles 5 de Agosto de 2015 aCCIÓN EXPRESO 7C AFICIONADO DE METS RECAUDA DINERO A LFONSO ARAUJO BOJÓRQUEZ Hacen colecta Guerra contra Ligas Mayores POR os propietarios de los clubes de las Grandes Ligas tuvieron un serio dolor de cabeza en 1946 de parte Lde la Liga Mexicana Independiente, que empezó a contratar jugadores por me- to mejor bateador. Firmó tam- dio de Jorge Pasquel, dinámico bién Roland Gladú, reserva de millonario mexicano que ofre- los Dodgers, pero había sido el ció a varios jugadores contratos mejor bateador en Triple A. De mejores que los de liga mayor. los Gigantes se llevaron a los Céspedes La mayoría de esos peloteros pitchers Sal Maglie y Adrián fueron de la Liga Nacional. Era Zavala, el primera base Ray la primera vez que las Grandes Zimmerman, el segunda base Ligas tuvieron un problema en George Hausmann, el tercera sus manos, desde 1913 hasta base Napoleón Reyes y el jardi- 1914, cuando la seudo tercera nero Danny Gardella. Diez días Tienen el interés de que Liga Mayor, o sea la Liga Fede- después dieron el salto a Méxi- ral, le estaba ofreciendo bue- co los lanzadores Ace Adams y el cubano fi rme una nos contratos a jugadores como Harry Feldman cuando estaban extensión de contrato Chief Bender, Eddie Plank, Hal en Miami durante las prácticas. Chase, Joe Tinker y Lee Magee, Otros equipos que sufrieron con los neoyorquinos para que dieran el brinco a la pérdidas de jugadores, los Filis nueva liga. Ese circuito funcio- con el jardinero René Montea- NUEVA YORK.- Los aficio- nó dos temporadas, pues fue gudo; de los Atléticos, el jar- nados de los Mets sólo han dis- demandado por las otras dos dinero Bobby Estalella, de los frutado a Yoenis Céspedes tres Ligas Mayores que fi nalmente Tigres el jugador de cuadro juegos y ya quieren que se quede ganaron el pleito y muchos de Murray Franklyn, el venezo- por mucho tiempo.