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Articles 1 - 30 of 125
Full-Text Articles in Law
Lawyers In The Baseball Hall Of Fame, Christian H. Brill, Howard W. Brill
Lawyers In The Baseball Hall Of Fame, Christian H. Brill, Howard W. Brill
Marquette Sports Law Review
No abstract provided.
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank
Marquette Intellectual Property & Innovation Law Review
None
The Commissioner Goes Too Far: The Best Interests Of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion
The Commissioner Goes Too Far: The Best Interests Of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion
Marquette Sports Law Review
No abstract provided.
A Tribute To Henry "Hank" Aaron
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Dickinson Law Review (2017-Present)
In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.
Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …
Bottom Of The Ninth Circuit: Senne V. Kansas City Royals Baseball Corporation, Kevin Togami
Bottom Of The Ninth Circuit: Senne V. Kansas City Royals Baseball Corporation, Kevin Togami
Loyola of Los Angeles Entertainment Law Review
Major League Baseball (“MLB”) is a multi-billion-dollar business. While MLB contracts can be worth well over $300 million, there are thousands of minor leaguers in the shadows of MLB making between $3000 to $7500 a year. These players survive in poor living conditions, receiving salaries far below federal minimum wage. They endure years of financial struggle for the marginally slim chance of playing in “The Show.”
In Senne v. Kansas City Royals Baseball Corporation, minor leaguers took a stand and voiced their frustration with this unfeasible lifestyle. They filed a class action lawsuit against MLB asserting claims under the Fair …
Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito
Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito
Marquette Sports Law Review
No abstract provided.
Just Say No To The Cheap Double Play, Richard D. Friedman
Just Say No To The Cheap Double Play, Richard D. Friedman
Reviews
The Infield Fly Rule has drawn a considerable amount of attention from legal scholars for nearly half a century. Much of the writing, in keeping with the tone of the keynote work discussing the rule, the famous Aside by William Stevens published in the University of Pennsylvania Law Review in 1975, has been whimsical and ironical. But the Aside was also a genuine piece of legal scholarship. And now, Howard Wasserman has written a book—an entire book!— on the rule, and done so without whimsy or irony.
De-Limiting Rules, Peter B. Oh
Teach The Controversy, Rob Neyer
Umpires, Judges, And The Aesthetics Of The Infield Fly, Chad M. Oldfather
Umpires, Judges, And The Aesthetics Of The Infield Fly, Chad M. Oldfather
FIU Law Review
No abstract provided.
The Puzzle Of The Infield Fly Rule, Spencer Weber Waller
The Puzzle Of The Infield Fly Rule, Spencer Weber Waller
FIU Law Review
No abstract provided.
Keeping The Infield Fly Rule In Effect, Howard M. Wasserman
Keeping The Infield Fly Rule In Effect, Howard M. Wasserman
FIU Law Review
No abstract provided.
Just Say No To The Cheap Double Play, Richard D. Friedman
Just Say No To The Cheap Double Play, Richard D. Friedman
FIU Law Review
No abstract provided.
Functionalism And The Infield Fly Rule, Mark A. Graber
Functionalism And The Infield Fly Rule, Mark A. Graber
FIU Law Review
No abstract provided.
Another Side To The Infield Fly Rule, Andrew J. Guilford
Another Side To The Infield Fly Rule, Andrew J. Guilford
FIU Law Review
No abstract provided.
The Prehistory Of The Infield Fly Rule, Richard Hershberger
The Prehistory Of The Infield Fly Rule, Richard Hershberger
FIU Law Review
No abstract provided.
Anatomy Of A Baseball Law Course, Robert M. Jarvis
The Enfield Fly Rule, Rob Nelson
De-Limiting Rules, Peter B. Oh
De-Limiting Rules, Peter B. Oh
Articles
Baseball is a game governed by a delicate equilibrium of complex rules. But no rule incites more confusion or controversy than the Infield Fly. This is perhaps because the rule embodies a greater tension: between a constantly evolving game that is steeped in revered traditions, and a rule that has become part of popular lore but whose original impetus was premised on a notion of fair play that hails from a bygone era.
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
Indiana Journal of Global Legal Studies
As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …
Wrigley Field, The Trademark, Benjamin J. Welch
Wrigley Field, The Trademark, Benjamin J. Welch
Pace Intellectual Property, Sports & Entertainment Law Forum
This paper is about the theory of applying the law of trade dress and all the protections that come with it to stadiums, specifically to Wrigley Field, home of Major League Baseball’s Chicago Cubs. Trade dress is the version of trademark reserved for the packaging, design, or color of products. If the packaging, design, or color possesses the ability to identify the source or creator of the product, then it can create a possessory interest in the product’s creator for that style of packaging, design of the product, or color used. This possessory interest is used to protect the reputation …
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 …
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Marquette Sports Law Review
None
Incidental Intellectual Property, Brian L. Frye
Incidental Intellectual Property, Brian L. Frye
Law Faculty Scholarly Articles
As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.
Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies to …
Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen
Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen
Honors Theses and Capstones
No abstract provided.
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus
University of Miami Inter-American Law Review
This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …
The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore
The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore
Pace Intellectual Property, Sports & Entertainment Law Forum
Since 1945, many teams have made it to the World Series and have won. The New York Yankees, Philadelphia/Oakland Athletics, and St. Louis Cardinals have won many. The Boston Red Sox, Chicago White Sox, and San Francisco Giants endured decades-long dry spells before they finally won the World Series. Even expansion teams like the New York Mets, Toronto Blue Jays, Kansas City Royals, and Florida Marlins have won multiple championships. Other expansion teams like the San Diego Padres and Texas Rangers have been to the Fall Classic multiple times, although they did not win. Then we have the Chicago Cubs. …
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman
Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman
Nevada Law Journal
No abstract provided.