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Full-Text Articles in Law
Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds
Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds
Edmund P. 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.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource …
Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson
Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson
Mitchell J Nathanson
More Than Just California Dreamin.Pdf, Mitchell J. Nathanson
More Than Just California Dreamin.Pdf, Mitchell J. Nathanson
Mitchell J Nathanson
God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson
God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson
Mitchell J Nathanson
Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen Ross
Stephen F Ross
This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.
Reconsidering Flood V. Kuhn, Stephen Ross
Reconsidering Flood V. Kuhn, Stephen Ross
Stephen F Ross
Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised …
A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen Ross, Michael James
A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen Ross, Michael James
Stephen F Ross
Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …
Just A Bit Aside: Perverse Incentives, Cost-Benefit Imbalances, And The Infield Fly Rule, Howard M. Wasserman
Just A Bit Aside: Perverse Incentives, Cost-Benefit Imbalances, And The Infield Fly Rule, Howard M. Wasserman
Howard M Wasserman
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz.
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz.
Edmund P. Edmonds
No abstract provided.
An Empirical Analysis Of The Infield Fly Rule, Howard M. Wasserman
An Empirical Analysis Of The Infield Fly Rule, Howard M. Wasserman
Howard M Wasserman
Legal scholars have written extensively about baseball’s Infield Fly Rule--its history and logic, its use as legal metaphor, and its cost-benefit policy rationales. This paper now conducts the first empirical analysis of the rule, exploring whether the rule’s legal and policy justifications are statistically supported. Based on a review of every fly ball caught by an infielder in the relevant game situation in Major League Baseball from 2010-2013, this paper measures the frequency and location of Infield Fly calls and the effect the rule has on individual games, all to determine whether the feared cost-benefit disparities that motivate the rule …
Professor Bauer Was Quoted By The Associated Press On Pa. Governor Sues Ncaa Over Penn State Sanctions, January 1, 2013, Joseph Bauer
Professor Bauer Was Quoted By The Associated Press On Pa. Governor Sues Ncaa Over Penn State Sanctions, January 1, 2013, Joseph Bauer
Joseph P. Bauer
Professor Bauer was quoted by the Associated Press on Pa. governor sues NCAA over Penn State sanctions on January 1, 2013.
Joseph Bauer, an antitrust expert at the University of Notre Dame law school, said of Corbett's line of reasoning: "I don't think it's an easy claim for them to make, but it's certainly a viable claim."
San Jose's Lawsuit Against Major League Baseball Is Weak - (Quotes: Joseph Bauer) - Forbes, June 20, 2013, Joseph Bauer
San Jose's Lawsuit Against Major League Baseball Is Weak - (Quotes: Joseph Bauer) - Forbes, June 20, 2013, Joseph Bauer
Joseph P. Bauer
San Jose's Lawsuit Against Major League Baseball Is Weak - (Quotes: Joseph Bauer) - Forbes, June 20, 2013 “The league could certainly maintain a degree of control of its franchises, as does the NFL and other leagues,” says Joseph Bauer, a professor of law at the University of Notre Dame, who studies sports labor issues. “Removing the exemption doesn’t make it unlawful if it has merit.” Merit would conceivably include optimizing business by spreading things out in a way that makes sense.
Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson
Dick Allen Preferred Not To: A Reconsideration Of Baseball's Bartleby, Mitchell J. Nathanson
Mitchell J Nathanson
During the course of his major league career, Dick Allen did a lot of things: he was the 1964 NL Rookie of the Year and the 1972 AL Most Valuable Player; his 351 home runs are more than Hall of Famer Ron Santo, his 1119 RBI’s are more than Hall of Famer Rod Carew, and, for those who pray to the alter of sabermetrics, his “adjusted OPS+” is higher than the greatest slugger of all time, Hall of Famer Hank Aaron. Because of all that he did, the MLB Network in 2012 ranked him as a member of its “Top …
New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon
New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon
Lloyd Hitoshi Mayer
No abstract provided.
Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds
Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds
Edmund P. Edmonds
The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
Edmund P. Edmonds
This article explores the history and evolution of baseball's arbitration system, focusing on players with arbitration eligibility in 2009. The article also explores teams' use of the "file-and-go" strategy.
Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson
Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson
Mitchell J Nathanson
This article takes a fresh look at baseball’s alleged antitrust exemption and explains why, after all, the exemption is alleged rather than actual. For contrary to popular opinion, this article concludes that the Supreme Court’s 1922 Federal Baseball Club decision did not exempt Organized Baseball from federal antitrust laws. Instead, the opinion was much more limited in scope and never reached the question of whether Organized Baseball should be treated differently than other, similarly situated businesses or institutions, although Organized Baseball clearly invited the Justices to make this determination in its brief to the Court. As this article discusses, the …
A People's History Of Baseball, Mitchell J. Nathanson
A People's History Of Baseball, Mitchell J. Nathanson
Mitchell J Nathanson
Baseball is much more than the national pastime. It has become an emblem of America itself. From its initial popularity in the mid-nineteenth century, the game has reflected national values and beliefs and promoted what it means to be an American. Stories abound that illustrate baseball's significance in eradicating racial barriers, bringing neighborhoods together, building civic pride, and creating on the field of play an instructive civics lesson for immigrants on the national character. In A People's History of Baseball, Mitchell Nathanson probes the less well-known but no less meaningful other side of baseball: episodes not involving equality, patriotism, heroism, …
Early Baseball And The Urban Political Machine, Roger Abrams
Early Baseball And The Urban Political Machine, Roger Abrams
Roger I. Abrams
Nineteenth century America was in social and political transition. Urban centers on the East Coast overflowed with European immigrants and rural transplants, and political systems readjusted to address the issues raised by this new population. At the same time, clubs and fraternal organization offered a social infrastructure within the cities. Baseball emerged as an important pastime in these times of change, and the urban political machine, exemplified by Boss Tweed of New York Tammany Hall, used the new game as way to control the teeming masses. In fact, to make sure he could maintain his influence with regard to this …
Take Me Out To The Hearing: Major League Baseball Players Before Congress, Howard W. Brill
Take Me Out To The Hearing: Major League Baseball Players Before Congress, Howard W. Brill
Howard W Brill
No abstract provided.
Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson
Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson
Mitchell J Nathanson
This article is the second in the author’s series examining the interplay between baseball and the law (the first being The Sovereign Nation of Baseball: Why Federal Law Does Not Apply To “America’s Game” And How It Got That Way, 16 Vill. Sports & Ent. L.J. 49 (2009)). The Sovereign Nation of Baseball provided the groundwork for this series by discussing how federal courts have historically deferred to those who have traditionally run Major League Baseball (the office of the Commissioner of Baseball as well as the cabal of club owners), bending the rules that would otherwise dictate the resolution …
Baseball's Moral Hazard: Law, Economics And The Designated Hitter Rule, Steve P. Calandrillo
Baseball's Moral Hazard: Law, Economics And The Designated Hitter Rule, Steve P. Calandrillo
Steve P. Calandrillo
No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of “moral hazard,” which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat. Using a law-and-economics approach, this Article concludes that the designated hitter rule creates …
Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris
Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris
Danyahel Norris
...The singular goal of all Cuban baseball defectors is to sign a lucrative contract to the highest bidder... It is a matter of some loose interpretation regarding how to treat a foreign player. This lack of clarity allows for a “loophole” so that Cuban baseball defectors can avoid the Rule 4 draft and become a free agent. The draft only applies to players from the United States ... If a player came from Cuba, or some other country not listed in Rule 4, then that player would not be subject to the draft. Usually, one can only achieve free-agent status …
Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson
Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson
Mitchell J Nathanson
Although the December 13, 2007 release of the Mitchell Report received attention for the names of the players included within, what was overlooked by many was the true import of the report: namely, the indictment of Major League Baseball itself as a corrupt entity. As such, the players identified as steroid abusers within the report were merely reflections of the larger, systemic problem that existed for decades within MLB rather than the problem in and of themselves. This article examines this revelation in detail.
The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson
The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines the relationship between Major League Baseball (MLB) and the law and discusses how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations – even other professional sports leagues such as the NFL, NHL and NBA. As a result of the wide berth provided to MLB by …
The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson
The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson
Mitchell J Nathanson
Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …
Gatekeepers Of Americana: Ownership's Neverending Quest For Control Of The Baseball Creed, Mitchell J. Nathanson
Gatekeepers Of Americana: Ownership's Neverending Quest For Control Of The Baseball Creed, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines owner-player relations from the founding of the National League in 1876 to the present and concludes that the owners’ repeated refusal to negotiate with the players’ union throughout the 1970’s and early 1980’s were merely additional chapters in their ongoing quest to position themselves as the sole protectors of what has become known as the “baseball creed” and all that is symbolic of baseball as metaphor for traditional American values. In order to maintain their status as the lone gatekeepers of the American values supposedly embodied and taught by baseball, it has always been necessary for ownership …
The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson
The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines Major League Baseball’s (MLB) antitrust exemption from a practical, historical perspective and concludes that it is largely irrelevant to the actual (as opposed to theoretical) workings of the business of baseball. This article focuses first on the exemption’s supposed protection of baseball’s “reserve clause” and finds that it was irrelevant to its creation in 1879 as well as its demise in 1975. Despite the exemption, the reserve clause has always been subject to challenge under contract law and it was a simple argument based on contract law principles that led to its eventual dismantling. This article then …
The Tell-All Hurler: Jim Bouton And "Ball Four", Mitchell J. Nathanson
The Tell-All Hurler: Jim Bouton And "Ball Four", Mitchell J. Nathanson
Mitchell J Nathanson
This chapter examines whether the information released within Bouton's "Ball Four" constituted legally protectable infomation and whether Major League Baseball (MLB) could have sought legal recourse as a result of the release of the book. This chapter concludes that while the "secrets" revealed by Bouton most likely did not constitute trade secrets, they may nevertheless still have been protectable under a lesser classification of commercial information. As such, MLB may have been able to pursue a case against Bouton for a possible breach of his fiduciary duty of loyalty to his employer.
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Roger I. Abrams
This article addresses the historical anomaly of baseball’s exemption from the federal antitrust laws. Starting with Justice Holmes’ opinion in the 1922 Federal Baseball case, the article criticizes the Supreme Court’s rigid adherence to stare decisis despite considerable changes in the legal and economic context. Ultimately, in the Curt Flood case the Court acknowledges the error of its previous ways, but stubbornly refuses to correct the law, leaving to Congress the ultimate power to revise a half century of judicial errors.