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Full-Text Articles in Law
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 …
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.