Baseball and the law: a selected annotated law Libr



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*342 and oral advocacy skills through appellate argument. In 1994-95, the competition addressed Major League Baseball’s exemption from the Sherman Antitrust Act12 with regard to franchise relocation.

 

 

Gould, Mark, T. “Baseball’s Antitrust Exemption: The Pitch Gets Closer and Closer.” Seton Hall Journal of Sport Law 5 (1995): 273-89.



Gould looks at Major League Baseball’s antitrust exemption by first discussing the issue of revenue sharing. He then offers a history of the exemption along with a review of the court decisions that have upheld it.

 

 

Grossman, Y. Shukie. “Antitrust and Baseball—A League of Their Own.” Fordham Intellectual Property, Media and Entertainment Law Journal 4 (1993): 563-97.



While much has been written about Major League Baseball’s antitrust exemption, this article takes a different approach than most by advocating that Congress take no measures to eliminate the exemption. Devoting part 3 of this note to the case of Piazza v. Major League Baseball,13 Grossman criticizes the decision’s narrow interpretation of baseball’s exemption.

 

 

Guarisco, John W. “‘Buy Me Some Peanuts and Cracker Jacks,’ But You Can’t Buy the Team: The Scope and Future of Baseball’s Antitrust Exemption.” University of Illinois Law Review (1994): 651-82.



By pointing out how baseball is unique among professional sports, both in the way the game is played and in its relation to the law, Guarisco launches into a discussion of Major League Baseball’s exemption from antitrust laws. This note looks at both Supreme Court and lower court decisions that have analyzed the exemption.

 

 

Hylton, J. Gordon. “Why Baseball’s Antitrust Exemption Still Survives.” Marquette Sports Law Journal 9 (1999): 391-402.



While the Curt Flood Act14 did limit baseball’s exemption with regard to antitrust laws and the reserve clause, it left in place many other exemptions. Hylton discusses the limited effect of the Act and why the exemptions still remain.

 

 

Judge, Joanne. “Baseball’s Antitrust Brief: Petitioner’s Brief.” Villanova Sports & Entertainment Law Forum 2 (1995): 189-211.



This is the text of the Respondent’s Brief from the Reimel Competition, an intraschool competition held at Villanova University School of Law to foster written and oral advocacy skills through appellate argument. In 1994-95, the competition addressed Major League Baseball’s exemption from the Sherman Antitrust Act15 with regard to franchise relocation.

 

 

Kohm, Joseph A. “Baseball’s Antitrust Exemption: It’s Going, Going ... Gone!” Nova Law Review 20 (1996): 1231-54.

*343 Kohm looks at discussions held during the 1994 Major League Baseball strike with regard to whether baseball would be better off if it lost its judicial exemption from antitrust laws. Kohm also considers the effects of exemption on various components of the game.

 

 

Latwin, Joseph L. “De Minimis: Baseball’s Antitrust Exemption.” Westchester Bar Journal 19 (Winter 1992): 71-81.



This succinct article gives an interesting historical review of the baseball antitrust issue, beginning with New York’s antitrust laws which were passed in 1897. Additionally, he reviews the purchase of the Federal League’s contracts by baseball owners in 1915 and the ensuing lawsuit which involved the Baltimore Orioles.16

 

 

Marvine, Charles D. “Baseball’s Unilaterally Imposed Salary Cap: This Baseball Cap Doesn’t Fit.” University of Kansas Law Review 43 (1995): 625-60.



This comment looks at the 1994 strike and the legality of the owners’ unilateral imposition of a salary cap. Marvine also traces the steps necessary to find this salary cap illegal under federal antitrust law and looks at the Major League Baseball antitrust exemption.

 

 

Mathewson, Alfred Dennis. “Ali to Flood to Marshall: The Most Triumphant of Words.” Marquette Sports Law Journal 9 (1999): 439-44.



Mathewson presents his thoughts on the Curt Flood Act17 as well as the case brought against baseball by Flood.18 Additionally, the author reflects upon the similarities between Flood’s stand on the reserve clause and Muhammad Ali’s refusal to be drafted into the United States Army.

 

 

McDonald, Kevin. “Anti-Trust and Baseball: Stealing Holmes.” Journal of Supreme Court History 21 (1998): 88-128.



This is an entertaining look at how Major League Baseball came to have an antitrust exemption. McDonald looks at the antitrust exemption in a historical context beginning with Oliver Wendall Holmes, Jr. and his decision in the case of Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs.19

 

 

McGettigan, Marianne. “The Curt Flood Act of 1998: The Players’ Perspective.” Marquette Sports Law Journal 9 (1999): 379-89.



As part of a symposium on the Curt Flood Act,20 McGettigan provides the players’ perspective with regard to the Act. Issues addressed include why the Act was needed to protect players, the process involved in passing the legislation, and whether the Supreme Court will be afforded the opportunity to look at the application of antitrust laws to Major League Baseball.

 

 

*344 McMahon, Joseph J., Jr., and John P. Rossi. “A History and Analysis of Baseball’s Three Antitrust Exemptions.” Villanova Sports & Entertainment Law Forum 2 (1995): 213-59.



A look at the plight of one economically troubled team provides the basis for the author’s argument that the future of Major League Baseball hinges upon the economics of the various ball clubs. Additionally, the Piazza decision21 is discussed in this insightful look at the history of Major League Baseball’s antitrust exemption.

 

 

Roberts, Gary. “A Brief Appraisal of the Curt Flood Act of 1998 From the Minor League Perspective.” Marquette Sports Law Journal 9 (1999): 413-37.



This article provides a very good overview of the impact of the Curt Flood Act22 on baseball and antitrust law. Specifically, the author looks at baseball’s minor leagues and concludes that the Act, coupled with the case of Brown v. Pro Football, Inc.,23 will actually strengthen baseball’s antitrust immunity.

 

 

Roberts, Gary. “On the Scope and Effect of Baseball’s Antitrust Exclusion.” Seton Hall Journal of Sport Law 4 (1994): 321-36.



This article looks at the treatment of baseball by Congress with regard to antitrust laws. Roberts points out that other major league sports are treated differently with regard to antitrust and then presents his view of how antitrust should be applied to baseball.

 

 

Scheible, Eric C. “No Run. No Hits. One Error: Eliminating Major League Baseball’s Antitrust Exemption Will Not Save the Game.” University of Detroit Mercy Law Review 73 (1995): 73-102.



An insightful look at the business problems facing Major League Baseball. Scheible proposes that baseball’s antitrust exemption should not be repealed, but rather that baseball should solve its labor woes using federal labor laws that are already in place.

 

 

Selig, Allan. “Major League Baseball and its Antitrust Exemption.” Seton Hall Journal of Sport Law 4 (1994): 277-86.



This publication is actually the text of the testimony given at a congressional hearing24 by Commissioner of Baseball Allan (Bud) Selig. At issue are antitrust laws and their effect on the relocation of Major League Baseball franchises.

 

 

Shacknai, Don. “Sports Broadcasting and the Antitrust Laws: Stay Tuned for Baseball After the Bulls Romp in Court.” Sports Lawyers Journal 1 (1994): 1-46.



An insightful look at television broadcasting rights in Major League Baseball, this article discusses the developing law of broadcast rights in light of cases involving the NCAA25 and the Chicago Bulls,26 as well as the concept of revenue sharing by big-market owners with the owners of teams in smaller markets.

 

 

*345 Smith, Larry C. “Beyond Peanuts and Cracker Jacks: The Implications of Lifting Baseball’s Antitrust Exemption.” University of Colorado Law Review 67 (1996): 113-41.



Smith looks at issues before Congress regarding baseball’s antitrust exemption. He discusses the history of antitrust laws, developments affecting the continued viability of the exemption, and potential legislation and its effects on labor and collective bargaining.

 

 

Spander, Deborah L. “The Impact of Piazza on the Baseball Antitrust Exemption.” UCLA Entertainment Law Review 2 (1995): 113-56.



This comment looks at actions taken by the proposed buyers of the San Francisco Giants and their lawsuit against Major League Baseball alleging violation of federal antitrust laws. Spander discusses the baseball draft and restraints in the minor league system in light of the Piazza decision.27 Ultimately, she sets forth a solution for a less-restrictive baseball draft and minor league system.

 

 

Sullivan, Morgan A. “A Derelict in the Stream of Law: Overruling Baseball’s Antitrust Exemption.” Duke Law Journal 48 (1999): 1265-1304.



With the passage of the Curt Flood Act28 in 1998, Congress clarified antitrust issues involving Major League Baseball players. The Act did not, however, address such issues as franchise relocation. This article provides a framework for the elimination of baseball’s antitrust exemption and looks at the Supreme Court’s willingness to re-examine outdated antitrust precedents.

 

 

Szuchman, David M. “Step up to the Bargaining Table: A Call for the Unionization of Minor League Baseball.” Hofstra Labor and Employment Law Journal 14 (1996): 265-312.



Szuchman focuses on Major League Baseball’s antitrust exemption and the effect of these laws on baseball’s minor leagues. The note further addresses the restrictive conditions placed on minor league baseball players and the continued use of the reserve system in the minor leagues.

 

 

Turland, Kathleen L. “Major League Baseball and Antitrust: Bottom of the Ninth, Bases Loaded, Two Outs, Full Count and Congress Takes a Swing.” Syracuse Law Review 45 (1995): 1329-89.



This note discusses baseball’s antitrust exemption in a historical perspective. The author looks at efforts to remove baseball’s exemption and presents ways that Congress could improve current laws regarding franchise relocation and the preservation of the minor league structure.

 

 

Zeck, Brian F. “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.” Cleveland State Law Review 43 (1995): 693-727.

Zeck looks at baseball’s antitrust exemption and at the reasoning behind the Supreme Court’s rulings upholding the exemption. He also discusses the conflict *346 between labor laws and antitrust laws and how labor disputes are resolved in other major sports.

 

 

Zimbalist, Andrew. “Baseball Economics and Antitrust Immunity.” Seton Hall Journal of Sport Law 4 (1994): 287-320.



Zimbalist not only provides an insightful historical look at baseball’s immunity from federal antitrust laws, he also looks at the owners’ justification for the exemption and how the National Football League came to accept free agency for its players.

 

 

Baseball outside the United States

Duncan, Casey. “Stealing Signs: Is Professional Baseball’s United States-Japanese Player Contract Agreement Enough to Avoid Another ‘Baseball War’?” Minnesota Journal of Global Trade 13 (2003): 87-122.

This note discusses the agreement reached in 1998 between Major League Baseball and Japan’s Nippon Professional Baseball League. This agreement, called the Posting System, was designed to regulate player transactions between the two countries. Additionally, this note discusses the financial ramifications of the agreement, enforcement of personal service agreements, and shortcomings of the Posting System.

 

 

Hill, Samuel R. “Baseball In Canada.” Indiana Journal of Global Legal Studies 8 (2000): 37-72.



While baseball is the quintessential American sport, this article traces the little known history of baseball in Canada. Also discussed are the modern day problems facing baseball in Canada, including the currency exchange rate, apathetic fans, and the small-market, large-market disparity.

 

 

Ikei, Masaru. “Baseball, Besuboru, Yakyu: Comparing the American and Japanese Games.” Indiana Journal of Global Legal Studies 8 (2000): 73-79.



In this interesting article, Masaru Ikei looks at the history of baseball in Japan. Tracing baseball’s Japanese roots to 1873 when missionary Horace Wilson introduced the game, this article explains how only baseball among foreign sports has reached an unprecedented level of popularity among the Japanese.

 

 

Comparative Law

Braver, Andrew F. “Baseball or Besoburo: The Implications of Antitrust Law on Baseball in America and Japan.” New York Law School Journal of International & Comparative Law 16 (1996): 421-54.

Comparing the antitrust laws of the United States and Japan, this note examines the differences between the two countries with regard to antitrust and baseball. Additionally, this note explores the current status of antitrust laws and the game of baseball, and examines what effect these laws may have on how the game is played in the future.

 

 

Gould, William B., IV. “Baseball and Globalization: The Game Played and Heard and Watched ‘Round the World (With Apologies to Soccer and *347 Bobby Thompson).” Indiana Journal of Global Legal Studies 8 (2000): 85-120.



In this article, Gould discusses the global expansion of baseball, not only in the traditional hotbed of the Caribbean, but also in Europe. Specifically, he discusses the antitrust and labor law controversies that are linked to the global growth of baseball and considers how the outcome of these cases will affect the game.

 

 

Greenwood, Jon S. “What Major League Baseball Can Learn From Its International Counterparts: Building a Model Collective Bargaining Agreement for Major League Baseball.” George Washington Journal of International Law & Economics 29 (1995): 259-96.



Writing after the 1994 Major League Baseball work stoppage, Greenwood evaluates alternative models to fix baseball’s collective bargaining agreement. Presented are three basic systems: Major League Baseball in the United States, the Japanese Baseball League, and the Football Association of England.

 

 

Gurdak, Natalie M. “Baseball, Hot Dogs, Apple Pie, and Strikes: How Baseball Could Have Avoided Their Latest Strike by Studying Sports Law from British Football.” Tulsa Journal of Comparative & International Law 3 (1995): 121-39.



The 1994 baseball strike was no different than those that affect other labor organizations in which the root cause is money. Gurdak explains how baseball players and owners could possibly have avoided the 1994 strike by studying the history of labor relations in British football.

 

 

Robbins, William S. “Baseball’s Antitrust Exemption—A Corked Bat for Owners?” Louisiana Law Review 55 (1995): 937-72.



An insightful comparison of the labor histories of Major League Baseball and the National Football League, this article notes how NFL players used the courts to gain free agency while MLB players used collective bargaining to achieve the same result.

 

 

Taylor, Stephanie L. “Baseball as an Anomaly: American Major League Baseball Antitrust Exemption—Is the Australian Model a Solution?” Seton Hall Journal of Sport Law 5 (1995): 359-88.



This article looks at the problems faced by Major League Baseball and baseball’s antitrust exemption. The model of the Australian Football League is presented as a solution to some of baseball’s problems. In this context, Taylor looks at Australia’s system of judicial review in “restraint of trade” and sports.

 

 

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