Creation of the Reserve Clause
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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. -
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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 . -
November 07 Retirees Newsletter
November 2007 Issue 3 Academic Year 2007-2008 Retirees Newsletter PROFESSIONAL STAFF CONGRESS CHAIRMAN’S REPORT: I thank Jim Perlstein for this colorful summary of Mr. Marvin Miller’s remarks. BALLPLAYERS AND UNIONISM: the standard player contract had MARVIN MILLER’S TALK amounted to serfdom. RESONATES WITH CUNY RETIREES Though young and inexperienced with unions, Miller found major Marvin Miller, retired leaguers to be fast learners Executive Director of the who quickly came to appreciate Major League’s Baseball their collective power through Players’ Association, collective action. The relatively provided the November small number of ballplayers meeting of the Retirees who make it to the major Chapter with a compelling leagues made it possible to retrospective on the origin and have regular one-on-one progress of baseball unionism since meetings with each player, in the 1960’s. addition to annual group meetings with each team during spring While some PSCers had looked training. And the union maintained forward to a nostalgic afternoon - an open door policy at its New York “Robin Roberts…I remember Robin headquarters so that players could Roberts” - Miller would have none of drop in during the season as their it. He kept his talk and his teams cycled through the city for responses to the numerous scheduled games. All of this, Miller questions focused on the nature of said, speeded the education unionism, particularly the question of process, kept members engaged unionism among celebrities and provided Miller and his small conditioned to see themselves as staff with the opportunity to hammer privileged independent contractors. home the idea that the members are And he stressed that ballplayers’ the union. -
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. -
* Text Features
The Boston Red Sox Monday, November 5, 2018 * The Boston Globe Mookie Betts, Jackie Bradley Jr., and Ian Kinsler win Gold Glove awards Peter Abraham Jackie Bradley Jr. didn’t need a Gold Glove to be recognized as one of the best center fielders in the major leagues. Red Sox fans have known that for several years. But Bradley certainly did deserve one and it finally came his away on Sunday night. Bradley, right fielder Mookie Betts, and second baseman Ian Kinsler were Gold Glove winners. The Red Sox and Atlanta Braves each had three. A finalist in 2014 and ’16, Bradley was selected ahead of Mike Trout (Angels) and Adam Engel (White Sox) in voting done by managers and coaches. Bradley was second among MLB center fielders with an 8.7 ultimate zone rating and tied for the American League lead with eight assists. There’s no statistic for improbable acrobatic catches but Bradley had a series of those. Betts won for the third consecutive year, the first Red Sox player to do that since Dwight Evans won five in a row from 1981-85. Betts is now one of seven Red Sox players to win three or more Gold Gloves. Betts led all right fielders with 20 defensive runs saved. He has 83 DRS the last three seasons. Kinsler, 36, is now a two-time winner. He also won with the Tigers in 2016. In 128 games for the Angels and Red Sox, Kinsler had 10 DRS, the most in the AL at second base. Andrew Benintendi (left field) and Mitch Moreland (first base) were finalists. -
Chicago Tribune: Baseball World Lauds Jerome
Baseball world lauds Jerome Holtzman -- chicagotribune.com Page 1 of 3 www.chicagotribune.com/sports/chi-22-holtzman-baseballjul22,0,5941045.story chicagotribune.com Baseball world lauds Jerome Holtzman Ex-players, managers, officials laud Holtzman By Dave van Dyck Chicago Tribune reporter July 22, 2008 Chicago lost its most celebrated chronicler of the national pastime with the passing of Jerome Holtzman, and all of baseball lost an icon who so graciously linked its generations. Holtzman, the former Tribune and Sun-Times writer and later MLB's official historian, indeed belonged to the entire baseball world. He seemed to know everyone in the game while simultaneously knowing everything about the game. Praise poured in from around the country for the Hall of Famer, from management and union, managers and players. "Those of us who knew him and worked with him will always remember his good humor, his fairness and his love for baseball," Commissioner Bud Selig said. "He was a very good friend of mine throughout my career in the game and I will miss his friendship and counsel. I extend my deepest sympathies to his wife, Marilyn, to his children and to his many friends." The men who sat across from Selig during labor negotiations—a fairly new wrinkle in the game that Holtzman became an expert at covering—remembered him just as fondly. "I saw Jerry at Cooperstown a few years ago and we talked old times well into the night," said Marvin Miller, the first executive director of the Players Association. "We always had a good relationship. He was a careful writer and, covering a subject matter he was not familiar with, he did a remarkably good job." "You don't develop the reputation he had by accident," said present-day union boss Donald Fehr. -
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. -
Smith Writes Off Failed HOF Bid in Final Year of Eligibility on Ballot
Smith writes off failed HOF bid in final year of eligibility on writers’ ballot By George Castle, CBM Historian Posted Wednesday, January 18, 2017 The announcement hardly came as a shock to Lee Arthur Smith when the Chicago Baseball Museum called the for- mer Cubs closer with bad news a few minutes after the Jan. 18 Hall of Fame vote was announced. “I think I’m just going to write it off,” Smith said of fall- ing short of induction in his 15th and final year of eligibil- ity on the Baseball Writers Association of America ballot- ing. Now Smith is remanded to whatever latter-day name the old Veterans Committee takes. And that panel only meets every three years to consider the late 20th century period group in which Smith pitched. “Maybe if the veterans thing comes around, but I don’t Lee Smith knew he'd fall short think I’ll be paying too much attention,” said a philo- in Hall of Fame voting. sophical Smith. One man’s meat always is another man’s poison in Hall of Fame voting. Tim Raines, with two distinguished tenures as a White Sox player and coach, is going in with Jeff Bagwell and Ivan Rodriguez. Meanwhile, Smith has to take his proverbial glove and ball, and go home even after ranking as the all-time saves leader not long ago. Smith, working for many years as the Giants’ roving minor-league pitching instructor, has long stopped rationalizing the voting process in which he started off relatively strong, then lost ground through recent years. -
Building a Better Mousetrap: Patenting Biotechnology In
FROM FLOOD TO FREE AGENCY: THE MESSERSMITH-MCNALLY ARBITRATION RECONSIDERED Henry D. Fetter* INTRODUCTION .............................................................................157 I. THE FLOOD CASE AND ITS AFTERMATH ...................................161 II. THE MESSERSMITH-MCNALLY ARBITRATION .......................... 165 III. PARAGRAPH 10(A) IN THE CURT FLOOD CASE ...................... 168 IV. THE AWARD ...........................................................................177 V. EXPLAINING THE AWARD ........................................................178 * Henry D. Fetter is the author of TAKING ON THE YANKEES: WINNING AND LOSING IN THE BUSINESS OF BASEBALL (2005). His writing has appeared in the New York Times, the Wall Street Journal, the Times Literary Supplement, The Public Interest, New York History, and the Journal of Sport History and he blogs about the politics and business of sports for theatlantic.com. He is a graduate of Harvard Law School and also holds degrees in history from Harvard College and the University of California, Berkeley. He is a member of the California and New York bars and has practiced business and entertainment litigation in Los Angeles for the past thirty years. Research for this article was funded in part by a Yoseloff-SABR Research Grant from the Society for American Baseball Research (SABR). I wish to thank Albany Government Law Review for the opportunity to participate in the “Baseball and the Law” symposium and Bennett Liebman, my East Meadow High School classmate, the then-executive director of the Albany Law School Government Law Center, for initiating the invitation to appear. 156 2012] FROM FLOOD TO FREE AGENCY 157 INTRODUCTION On December 23, 1975, a three-member arbitration panel chaired, by neutral arbitrator Peter Seitz, ruled by a two-to-one vote that Los Angeles Dodgers pitcher Andy Messersmith and Baltimore Orioles pitcher Dave McNally were “free agents” who could negotiate with any major league club for their future services. -
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. -
American Jews and America's Game
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln University of Nebraska Press -- Sample Books and Chapters University of Nebraska Press Spring 2013 American Jews and America's Game Larry Ruttman Follow this and additional works at: https://digitalcommons.unl.edu/unpresssamples Ruttman, Larry, "American Jews and America's Game" (2013). University of Nebraska Press -- Sample Books and Chapters. 172. https://digitalcommons.unl.edu/unpresssamples/172 This Article is brought to you for free and open access by the University of Nebraska Press at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in University of Nebraska Press -- Sample Books and Chapters by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. 3 4 American Jews & America’s Game 7 3 3 3 3 3 3 3 3 3 Buy the Book The Elysian Fields, Hoboken, New Jersey, the site of the first organized baseball game (1846). Courtesy of the National Baseball Hall of Fame Library, Cooperstown NY. Buy the Book 3 4 7 American Jews & America’s Voices of a Growing Game Legacy in Baseball LARRY RUTTMAN Foreword by Bud Selig Introduction by Martin 3 Abramowitz 3 3 3 3 3 3 University of Nebraska Press 3 Lincoln and London 3 Buy the Book © 2013 by Lawrence A. Ruttman All rights reserved Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data Ruttman, Larry. American Jews and America’s game: voices of a growing legacy in baseball / Larry Ruttman; foreword by Bud Selig; introduction by Martin Abramowitz. p. cm. Includes bibliographical references and index.