Law Commons^™

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …

The A Student Who Gave Up The Law For Baseball, Yale Kamisar

Articles

When the head coach of the University of Michigan baseball team resigned suddenly, University officials started looking around for a replacement. Then several people told the Athletic Director about an outstanding candidate in his own backyard. It turned out that a young man who had coached baseball both at Ohio Wesleyan University and Allegheny College and then been a catcher for several major league baseball clubs (before his throwing arm went dead) was a student in the Law School. After receiving glowing reports about the young man (let's call him by his first two initials, W.B.), the Athletic Director offered …

Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reconsidering Flood V. Kuhn, Stephen F. Ross

University of Miami Entertainment & Sports Law Review

No abstract provided.

Reconsidering Flood V. Kuhn, Stephen F. Ross

Journal Articles

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 …

Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck

Cleveland State Law Review

This note will describe the creation and development of the antitrust exemption granted to Major League Baseball and the continuing vitality of that exemption with respect to labor relations. Part I will detail the creation of the antitrust exemption, the tests articulated by the Supreme Court to determine whether a particular industry violates the antitrust laws, an application of those tests to baseball, and the possibility of finally removing this exemption through legislation in order to bring the law for the industry of baseball into line with other industries. Part II will discuss how the antitrust laws and labor laws …

Baseball's Labor Wars In Historical Context: The 1919 Chicago White Sox As A Case-Study In Owner-Player Relations, James R. Devine

Marquette Sports Law Review

No abstract provided.

Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Bases Are Loaded And It's Time To Get A Restraining Order: The Confounding Conflation Of America's Two National Pastimes, Paul A. Lebel

Faculty Publications

No abstract provided.

A Field Of Dreams Needs A History, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.

From The Land Of Bondage: The Greening Of Major League Baseball Players And The Major League Baseball Player Association (Reviewing Marvin Miller, A Whole Different Ball Game, The Sport And Business Of Baseball (1991)), Michael J. Cozzillio

Michael J. Cozzillio

No abstract provided.

Preface, Francis T. Vincent Jr.

Marquette Sports Law Review

None

The Great Gatsby, The Black Sox, High Finance, And American Law, Allen Boyer

Michigan Law Review

The Great Gatsby, by F. Scott Fitzgerald, is the great novel of America in the 1920s. It is about someone pursuing a girl, and, more than that, it is about someone pursuing a dream. Jay Gatsby is someone who believes in the American dream of success. His life plays out the most famous piece of repartee between Fitzgerald and Hemingway - that the rich are very different from you and me, because they have more money. Gatsby is a man who thought that if he had the money, he would be rich, and could therefore be different.

After reading …

Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley

Scholarly Works

Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …

The Infield Fly Rule And The Internal Revenue Code: An Even Further Aside, Mark W. Cochran

Faculty Articles

Baseball’s infield fly rule and certain provisions of the Internal Revenue Code are similar. The purpose of the infield fly rule is to prevent the defense from making a double play by subterfuge, at a time when the offense is helpless to prevent it.

In baseball, as in life, fairness is an elusive concept that defies precise definition. Considering the infield fly rule, the “unfairness” derives from the infielder’s ability to manipulate a situation without incurring any risk. Federal tax law, like the rules of baseball, recognizes and responds to the “manipulation without risk” phenomenon. Section 267 of the Internal …

Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, The , Thane Rosenbaum

Faculty Scholarship

In a nation where sports entertainment is such a vital part of the American experience, it is somewhat surprising that the precise law governing the relationship between professional sports leagues and the Sherman Act is so noticeably confused and unsettled. Those who have sought uniformity in this area of law and scholarship had hoped to achieve some level of consistency between the highly developed principles embodied in traditional antitrust law, and that which seems to have evolved in the sports entertainment industry. What has remained from this academic if not athletic exercise is certainly not coherence, but rather a series …

In Re Brett: The Sticky Problem Of Statutory Construction, Jared Tobin Finkelstein

Fordham Law Review

George Brett's pine tar almost let the plague of modern life, lawyers, into the sole redeeming facet of modern life, baseball. Knowin' all about baseball is just about as profitable as bein' a good whittler.

The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn

Fordham Urban Law Journal

Baseball remains the only professional sport exempt from anti-trust scrutiny. Because of this unique status, baseball players have not pursued anti-trust lines of attack. Some now say that baseball players no longer need to depend on the anti-trust laws to effectuate modifications in their reserve system. Such commentators say that because of the equal bargaining strength of the parties, the labor exemption would operate to shelter from scrutiny even a term that was unilaterally imposed by the owners. In Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs, the Supreme Court held that the baseball industry …

Case Notes

Fordham Law Review

No abstract provided.

Ball, Bat And Bar, Harold Seymore

Cleveland State Law Review

Most Americans assume that they live under one set of laws which govern everybody. They also think that while monopolies and their abuses were once a problem, regulatory measures have long since eliminated or controlled them. The business of organized baseball proves that both these assumptions are mistaken. Recent operations of some baseball "companies" have underscored the falsity of these assumptions. The baseball business operates under its own complicated body of private law, and has been doing so ever since the business got its real start with the formation of the National League in 1876. Organized baseball is also a …

Baseball And The Antitrust Laws, John W. Neville

Fordham Law Review

No abstract provided.