Baseball and the law: a selected annotated law Libr

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Culture and Baseball

Abrams, Roger I. “Constructing Baseball: Boston and the First World Series.” Cardozo Law Review 23 (2002): 1597-1608.

Abrams looks at baseball and its role in building a cohesiveness among immigrants in the early twentieth century. He argues that the shared experience of baseball led to a common set of understandings among the diverse ethic groups found in Boston at the turn of the century.



*348 Echevarria, Roberto Gonzalez. “The Magic of Baseball.” Indiana Journal of Global Legal Studies 8 (2000): 145-65.

In the keynote lecture of the Indiana University symposium, “Baseball in the Global Era: Economic, Legal and Cultural Perspectives,” Echevarria explores the potential of baseball to become an American import to other countries. Echevarria discusses the development of baseball as the national game.



Fidler, David P. “Baseball in the Global Era: Economic, Legal, and Cultural Perspectives.” Indiana Journal of Global Legal Studies 8 (2000): 1-7.

Fidler explains how the globalization of baseball has led to the exploitation of children and young men by Major League Baseball.



The Curt Flood Act

Calabrese, J. Phillip. “Recent Legislation: Antitrust and Baseball.” Harvard Journal on Legislation 36 (1999): 531-45.

This brief article focuses on the passage of the Curt Flood Act of 1998,29 which removed, to some extent, Major League Baseball’s exemption from federal antitrust laws. In this legislative review, Calabrese discusses the events surrounding the passage of the Act and indicates why, when considered in the broader context, it loses some of its luster.



Champion, Walter T., Jr. “The Baseball Antitrust Exemption Revisited: 21 Years After Flood v. Kuhn.” Thurgood Marshall Law Review 19 (1994): 573-82.

Champion points out that baseball is no longer just the national pastime, it is also “big business.” He explores the monopoly involved in baseball and discusses what is arguably the most important piece of legislation with regard to professional sports, the Curt Flood Act of 1998.30



Criswell, Charles Allen. “Repeal of Baseball’s Longstanding Antitrust Exemption: Did Congress Strike Out Again?” Northern Illinois University Law Review 19 (1999): 545-65.

While this article explores the Curt Flood Act of 1998,31 it goes on to explain why baseball is in an economic crisis and the role that salary arbitration has played in creating this crisis. Criswell uses several examples, among them the Montreal Expos, to explain how rising salaries are hurting small-market teams.



Wolohan, John T. “The Curt Flood Act of 1998 and Major League Baseball’s Federal Antitrust Exemption.” Marquette Sports Law Journal 9 (1999): 347-77.

After reviewing the history of Major League Baseball’s antitrust exemption, Wolohan describes the Curt Flood Act of 199832 and its impact on the game, and discusses what is left of the exemption.



*349 Drug Testing

Rabuano, Mark M. “An Examination of Drug-Testing As a Mandatory Subject of Collective Bargaining in Major League Baseball.” University of Pennsylvania Journal of Labor & Employment Law 4 (2002): 439-61.

While discussing drug testing in the context of Major League Baseball’s collective bargaining agreement, this article also looks at drug testing in a broader sense. Rabuano reviews the treatment of drug testing in other professional sports, case law precedents regarding the topic, and reasons for baseball to implement a drug-testing program.



Rippey, Edward. “Contractual Freedom Over Substance-Related Issues in Major League Baseball.” Sports Lawyers Journal 1 (1994): 143-75.

This article looks at the substance abuse problem among Major League Baseball players and the issue of drug testing and penalties for players who use illegal drugs. It also considers baseball’s failure to distinguish between performance-enhancing and mind-altering substances, and concludes with a proposal to alter the players’ agreement with regard to the use of the latter.




Bakken, Larry. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: Minneapolis-St. Paul.” Urban Lawyer 34 (2002): 363-70.

While the proposal to contract the Minnesota Twins in 2002 was successfully defeated, the next important question for the Twins is whether a baseball-only stadium will be built in the Twin Cities. After providing the history of professional ballparks in the Minneapolis-St. Paul area, Bakken looks at the two major questions facing proponents of a new ballpark: funding and location.



Caudill, David S. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects.” Urban Lawyer 34 (2002): 331-33.

This foreword to the Urban Lawyer survey on stadium financing explains the relationship of such financing to baseball and the law. To this end, Caudill looks at the variety of ways that an attorney may become involved in the legal aspects of sports without being a sports agent.



Goldstein, Joel K. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: St. Louis.” Urban Lawyer 34 (2002): 397-405.

This article looks at efforts to build a new stadium in St. Louis. Among the problems that have faced the proposed project are financing and legislative demands that what is done for St. Louis should be done for Kansas City as well. Goldstein also looks at the proposed development, Ballpark Village, that would adjoin the new ballpark and the uncertainty that surrounds this aspect of the project.



Jarvis, Robert M.. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: Miami.” Urban Lawyer 34 (2002): 353-60.

In an interesting history of both professional football and baseball in south Florida, Jarvis discusses all of the major players involved in bringing professional sports to the area, including the important role of Joe Robbie in securing a professional football franchise in 1965.



*350 Krauss, Michael I. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: Washington, D.C.” Urban Lawyer 34 (2002): 407-13.

In light of the fact that at the time this article was published, Washington, D.C. had no Major League Baseball franchise, Krauss begins by outlining the various impediments to and the individuals involved in bringing a team to the city. He then discusses where the team will play and the variables involved in deciding the location of the stadium.



Pepper, Stuart M. “Senior Professional Baseball Association: A League of Our Own.” University of Miami Entertainment & Sport Law Review 10 (1993): 307-16.

In 1989, the Senior Professional Baseball Association (SPBA) was formed, consisting of players who were retired from Major League Baseball but who still wanted to play the game. The author, a member of the SPBA, outlines the legal and economic issues involved in starting the league as well as the class action lawsuit that was filed when the league folded.



Perlmutter, Richard M. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: Boston.” Urban Lawyer 34 (2002): 335-42.

Perlmutter outlines the part that Fenway Park plays in the mystique of the Boston Red Sox. In 1999 the Red Sox announced a vision for a new Fenway Park, no small feat for such a beloved ballpark and its famed “green monster.” Perlmutter addresses the legal and political obstacles as well as the cultural aspects of building a new stadium in Boston.



Ross, Stephen F. “Light, Less-Filling, It’s Blue-Ribbon!” Cardozo Law Review 23 (2002): 1675-1704.

The competitive balance of the game is a constant topic among baseball afficionados. This article looks at the work of the Blue Ribbon Panel on Baseball Economics which was charged to study the issue of whether revenue disparities among baseball clubs was damaging the game’s competitive balance.



Semeraro, Steven. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: San Diego.” Urban Lawyer 34 (2002): 389-96.

After briefly discussing the history of professional sports in San Diego, Semeraro describes the process of getting approval for a new stadium in San Diego, the process by which funding was acquired, and the lawsuits that have been brought as a result of the process.



Sparkes, Phillip M. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: Cincinnati.” Urban Lawyer 34 (2002): 345-52.

Sparkes looks not only at the details of building Cincinnati’s Great American Ball Park but also at the role played by the Cincinnati Bengals football team in getting both football and baseball stadiums built in the city. The involvement of Paul Brown (owner of the Bengals) and Marge Schott (owner of the Reds) and the call for an increased sales tax to fund the stadium projects is also discussed.



Ward, Ettie. “From Blueprints to Bricks: A Survey of Current Baseball Stadium Financing Projects: New York.” Urban Lawyer 34 (2002): 371-79.

*351 Ward looks at the two New York teams, the Mets and the Yankees, and the stadiums where the teams currently play. Discussing the financial hardships that the city of New York has faced in recent years, Ward predicts that no new stadiums will be built in the near future. Additionally, this article looks at the role politics can play in stadium financing by outlining Mayor Michael Bloomberg’s announcement that there would be no funding for a new ballpark as planned by the previous mayor, Rudolph Giuliani.



Wargo, Ronald P. “Coscarart v. Major League Baseball: No Field of Dreams.” Hastings Communications and Entertainment Law Journal 20 (1998): 877-96.

Focusing on retirement benefits for players, this article discusses the lack of financial compensation for retired players who played the game fifty years ago. Specifically, it discusses the case involving Pete Coscarat33 who pursued litigation to receive pension benefits from Major League Baseball.



Yankwitt, Russell M. “Buy Me Some Peanuts and Ownership: Major League Baseball and the Need for Employee Ownership.” Cornell Journal of Law and Public Policy 5 (1996): 401-29.

This article presents several solutions to baseball’s monetary woes. Yankwitt looks at the possibility of employee ownership with the combination of union representation as a solution to many of baseball’s problems.



Franchise Relocation and Contraction

Blevins, Timothy D. “Foul Ball!! Piazza v. Major League Baseball.” Thurgood Marshall Law Review 19 (1994): 677-88.

The sale of the San Francisco Giants and U.S. District Judge Padova’s ruling34 in favor of the original buyers, Vincent Piazza and Vincent Tirendi, is the primary case discussed in this article. Going on to address antitrust issues in other cases, Blevins also covers Flood v. Kuhn.35



Dale, Myron L., and John Hunt. “Antitrust and Baseball Franchises: Leaving Your Heart (and the Giants) in San Francisco.” Northern Kentucky Law Review 20 (1003): 337-63.

This article discusses the antitrust aspects of the relocation of professional baseball teams. Also addressed is the historical perspective of baseball and antitrust and the involvement of Congress in the antitrust laws that deal with baseball.



DeClet, Rafael A., Jr. “We’ll Take the Yankees: Assessing the Feasibility of a State Condemnation of Baseball’s Greatest Franchise.” Marquette Sports Law Journal 8 (1997): 53-74.

DeClet has produced an insightful study of what may be done when a professional sports team leaves its current city of residence. Since no team is linked more with a city than the Yankees with New York, this article provides options *352 as to what legal recourse the state of New York might explore should the team decide to move elsewhere.



Dorst, Julie. “Franchise Location: Reconsidering Major League Baseball’s Carte Blanche Control.” Seton Hall Journal of Sport Law 4 (1994): 553-94.

While all other professional sports are bound by federal antitrust laws, baseball has remained unique in its immunity from these laws. Dorst analyzes baseball’s immunity by comparing it to situations involving franchise relocation in the NFL and the NBA.



Duff, Brian J. “Baseball’s Antitrust Exemption Does Not Extend to Decisions Involving Sale and Location of Baseball Franchises.” Seton Hall Journal of Sport Law 5 (1995): 657-61.

This article focuses on the case of Butterworth v. National League of Professional Baseball Clubs,36 which resulted from a failed attempt by a group of investors to purchase the San Francisco Giants and move the club to Tampa Bay, Florida. In the context of this case, Duff discusses the court’s adherence to the idea set forth by Congress that baseball is exempt from federal antitrust laws.



Dunning, William. “The Sale and Relocation of a Professional Baseball Franchise is an Integral Aspect of the Sport and Therefore Exempt from Antitrust Law so That Civil Investigative Demands Cannot be Enforced—Minnesota Twins Partnership v. State of Minnesota.” Seton Hall Journal of Sport Law 10 (2000): 167-85.

The Curt Flood Act37 served to resolve the question of baseball’s antitrust exemption with regard to labor. What the Act did not change is the status of franchise ownership and relocation. This article focuses on this area of baseball and the law by considering the case of Minnesota Twins Partnership v. State.38



Dyer, Jennifer. “After 76 Years, Congress Lifts Baseball’s Antitrust Exemption on Labor Relations But Leaves Franchise Relocation up to the Courts.” Thomas M. Cooley Journal of Practical & Clinical Law 3 (2000): 247-85.

While the Curt Flood Act of 199839 was intended to clarify baseball’s status with regard to federal antitrust laws, the Act only provides that baseball labor relations be subject to the Clayton Act.40 This comment examines threats by club owners to move franchises and the recent development of state officials challenging baseball’s antitrust exemption with regard to these relocations.



Gordon, Jeffrey. “Baseball’s Antitrust Exemption and Franchise Relocation: Can a Team Move?” Fordham Urban Law Journal 46 (1999): 1201-65.

In an interesting look at the relationship between franchise relocation and the antitrust laws, Gordon examines the various United States Supreme Court cases *353 that have led to baseball’s exemption from those laws. He also discusses the role the United States Congress has played with regard to baseball and antitrust.



Hurst, Thomas R., and Jeffrey M. McFarland. “The Effect of Repeal of the Baseball Antitrust Exemption on Franchise Relocations.” DePaul-LCA Journal of Art & Entertainment Law 8 (1998): 263-302.

Focusing on franchise relocation, this four-part article discusses antitrust in relationship to the relocation of major league teams. While presenting a brief history of the U.S. Supreme Court cases that upheld baseball’s antitrust exemption, the article also looks at sports and nonsports exemptions.



Juarez, Michael H. “Baseball’s Antitrust Exemption.” Hastings Communication & Entertainment Law Journal 17 (1995): 737-62.

In discussing baseball’s antitrust exemption, Juarez looks specifically at baseball’s disregard for the public interest in the context of the blocked move of the San Francisco Giants to Florida. Additionally, he discusses congressional responses to the exemption and touches on proposals to deal with it.



Lafferty, Latour Rey. “The Tampa Bay Giants and the Continuing Vitality of Major League Baseball’s Antitrust Exemption: A Review of Piazza v. Major League Baseball. Florida State University Law Review 21 (1994): 1271-92.

In 1992 an offer was made to purchase the San Francisco Giants and move the team to St. Petersburg, Florida. The deal, however, did not go through because of the intervention of Major League Baseball. This article discusses the use of antitrust laws to block the team’s move as well as other relevant antitrust cases.



Mack, Connie, and Richard M. Blau. “The Need for Fair Play: Repealing the Federal Baseball Antitrust Exemption.” Florida Law Review 45 (1993): 201-20.

An in-depth look at the attempt to move the San Francisco Giants to Florida, this article presents a detailed account of the events leading up to the vote by National League owners to block the move. The article goes on to discuss the extent of baseball’s antitrust exemption with regard to franchise relocation.



Mathias, Edward. “Squeeze Play: Will Baseball’s Economic Problems Cause More Legal Headaches for The National Pastime?” Sports Lawyers Journal 5 (1998): 221-71.

Major League Baseball is constantly threatened by legal and financial woes. Mathias looks at these issues with a focus on franchise relocation. Specifically, he reviews the Piazza41 and Butterworth42 cases and their relation to baseball’s antitrust exemption. The article also looks at financially troubled teams and tries to identify the legal issues that may arise in the future with regard to these teams.



Rosner, Scott R. “The History and Business of Contraction in Major League Baseball.” Stanford Journal of Law, Business and Finance 8 (2003): 265-88.

This article reviews the history and justification of contraction in baseball and other professional sports. As Major League Baseball seeks to use contraction as

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