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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 9 of 9

Full-Text Articles in Entertainment, Arts, and Sports Law

New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon Nov 2013

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 Oct 2013

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 Oct 2013

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.


Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?, Richard T. Ward Iii May 2013

Fair Or Foul: When Does Media Accusation Of Performance Enhancing Drug Use Become Tortious?, Richard T. Ward Iii

Pace Intellectual Property, Sports & Entertainment Law Forum

The Steroids Era in baseball refers to the recent period in the MLB where many players and trainers have been found guilty or been implicated in the use of performance enhancing drugs which leads to sharp increases in player talent. The stigma associated with PED use, and also any other form of cheating, has proven to be a fast track to shame in the world of Major League Baseball. This article addresses the current state of defamation law in New York and the Federal Courts by analyzing the recent statement made by Skip Bayless concerning use of Performance Enhancing Drugs …


Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas May 2013

Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas

Pace Intellectual Property, Sports & Entertainment Law Forum

Major League Baseball has been one of the premier major sports leagues in taking action and putting an end to the use of performance-enhancing drugs in baseball. Entering its eighth year, Major League Baseball has implemented and improved its drug-testing policy. However, with congressional hearings on the use of steroids and other drugs in baseball along with federal investigations, there is a lingering worry that the government is intervening in Major League Baseball's drug testing program. In this article, Anthony Iliakostas breaks down Major League Baseball's drug testing program and how the U.S. government has gotten involved. The article concludes …


Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner Feb 2013

Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner

Pepperdine Law Review

In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …


Take Me Out To The Ballgame . . . But Bring A Helmet: Reforming The "Baseball Rule" In Light Of Recent Fan Injuries At Baseball Stadiums, Matthew J. Ludden Jan 2013

Take Me Out To The Ballgame . . . But Bring A Helmet: Reforming The "Baseball Rule" In Light Of Recent Fan Injuries At Baseball Stadiums, Matthew J. Ludden

Marquette Sports Law Review

No abstract provided.


When It Hits The Fan: Will There Be Liability For The Broken Bat?, A. David Austill Jan 2013

When It Hits The Fan: Will There Be Liability For The Broken Bat?, A. David Austill

Marquette Sports Law Review

No abstract provided.


Who Exempted Baseball, Anyway?: The Curious Development Of The Antitrust Exemption That Never Was, Mitchell J. Nathanson Dec 2012

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 …