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Full-Text Articles in Law
Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson
Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson
Mitchell J Nathanson
This article is the second in the author’s series examining the interplay between baseball and the law (the first being The Sovereign Nation of Baseball: Why Federal Law Does Not Apply To “America’s Game” And How It Got That Way, 16 Vill. Sports & Ent. L.J. 49 (2009)). The Sovereign Nation of Baseball provided the groundwork for this series by discussing how federal courts have historically deferred to those who have traditionally run Major League Baseball (the office of the Commissioner of Baseball as well as the cabal of club owners), bending the rules that would otherwise dictate the resolution …
Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson
Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson
Mitchell J Nathanson
Although the December 13, 2007 release of the Mitchell Report received attention for the names of the players included within, what was overlooked by many was the true import of the report: namely, the indictment of Major League Baseball itself as a corrupt entity. As such, the players identified as steroid abusers within the report were merely reflections of the larger, systemic problem that existed for decades within MLB rather than the problem in and of themselves. This article examines this revelation in detail.
The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson
The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines the relationship between Major League Baseball (MLB) and the law and discusses how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations – even other professional sports leagues such as the NFL, NHL and NBA. As a result of the wide berth provided to MLB by …
The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson
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 …