Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson Aug 2005

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 …


Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane Jan 2005

Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman Jan 2005

The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.