Baseball and the law: a selected annotated law Libr

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*354 a way to eliminate teams, Rosner looks at how collective bargaining may affect such an approach.



Rosner, Scott. “Squeeze Play: Analyzing Contraction in Professional Sports.” Villanova Sports & Entertainment Law Journal 10 (2003): 29-45.

Rosner has written an informative account of the history of contraction in baseball. Additionally, Rosner looks at the history of contraction in other sports as well as the goals of contraction.



Scibilia, Frank P. “Baseball Franchise Stability and Consumer Welfare: An Argument for Reaffirming Baseball’s Antitrust Exemption with Regard to its Franchise Relocation Rules.” Seton Hall Journal of Sport Law 6 (1996): 409-68.

Scibilia focuses on baseball franchise relocation and baseball’s antitrust exemption, concluding that the antitrust exemption does apply to franchise relocation.



Sharon, Craig A., and Lloyd H. Mayer. “New Direction for Team Ownership? The Memphis Redbirds Baseball Foundation.” Entertainment and Sports Lawyer 16 (Spring 1998): 1-23.

Looking at every sports fan’s worst nightmare, this article discusses what happens when a professional sports team announces it is leaving town for a new city with a new stadium and a more lucrative deal. Specifically, the example of the Memphis Redbirds is outlined as is the development of the nonprofit tax-exempt professional sports team.



Staherski, J. Benjamin. “Contraction in Major League Baseball: Do Owners Have a Duty to Bargain in Good Faith with the Union Before Shutting Down or Relocating a Team?” Penn State Law Review 108 (2004): 881-97.

Revenue sharing is a constant topic among baseball fans. This article addresses revenue sharing within the context of contraction, specifically questioning whether team owners must negotiate with the Major League Baseball Players Association before relocating a team and how the rules of bargaining should be applied to this process.



Stein, Gilbert. “6-4-3 (Double Play)! Two Teams Out: Contraction in Baseball.” Villanova Sports and Entertainment Law Journal 10 (2003): 1-4.

Introducing a Villanova symposium on contraction in baseball, Stein addresses the question of whether baseball is still the national pastime. He provides a brief discussion of contraction and the effect of baseball’s exemption from antitrust laws.



Wolohan, John T. “Major League Baseball Contraction and Antitrust Law.” Villanova Sports & Entertainment Law Journal 10 (2003): 5-27.

Within days of Commissioner Bud Selig’s announcement in 2001 that two teams would be eliminated from Major League Baseball, lawsuits were filed in Minnesota and Florida challenging the owners’ right to contract teams. Wolohan gives a brief account of the history of baseball’s relationship to federal antitrust law while looking at the trilogy of Supreme Court cases relating to baseball’s exemption. He also looks at the role the exemption will play in the future contraction of teams in Major League Baseball.



*355 Free Speech

Misey, Robert J. “Free Speech at the Ball Park? Major League Baseball Violates the First Amendment.” George Mason University Civil Rights Law Journal 3 (1993): 227-67.

Heckling players is not an invention of the modern-day baseball fan. However, in recent years the ranting by fans has become increasingly violent. This article looks at the free speech issues involved when Major League Baseball attempts to censor fans.




Ostertag, Thomas J. “From Shoeless Joe to Charley Hustle: Major League Baseball’s Continuing Crusade Against Sports Gambling.” Seton Hall Journal of Sport Law 2 (1992): 19-49.

Just as Ivan Boesky is associated with greed and insider trading, both Shoeless Joe Jackson and Pete Rose will be forever linked to cheating in baseball. This article primarily focuses on insider trading in its traditional sense, but the author uses Rose and Jackson as examples of the need for business to regulate itself.




Koppett, Leonard. “The Globalization of Baseball: Reflections of a Sports Writer.” Indiana Journal of Global Legal Studies 8 (2000): 81-84.

Written by a long-time sports writer, this article looks at two aspects of the globalization of baseball: the expansion of teams to areas outside the United States and Canada, and the influx of players from outside the United States.



Marcano, Arturo J., and David P. Fidler. “The Globalization of Baseball: Major League Baseball and the Mistreatment of Latin American Baseball Talent.” Indiana Journal of Global Legal Studies 6 (1999): 511-77.

This article reports that 32% of all Major League Baseball players were born outside of the United States. This, coupled with the globalization of the game, creates a situation where Major League Baseball may be a target for human rights and labor standards analysis. The article also discusses the fact that baseball is more than a game, and what globalization may ultimately mean to baseball.



Governance of Baseball

Arcella, Craig F. “Major League Baseball’s Disempowered Commissioner: Judicial Ramifications of the 1994 Restructuring.” Columbia Law Review 97 (1994): 2420-69.

This note looks at the 1994 restructuring of baseball’s governance structure and the premise that this restructuring will undermine favorable legal treatment of baseball by U.S. courts.



Curtis, Ted. “In the Best Interest of the Game: The Authority of the Commissioner of Major League Baseball.” Seton Hall Journal of Sport Law 5 (1995): 5-33.

*356 Since the appointment of Judge Kennesaw Mountain Landis to the position, it has been the job of baseball’s commissioner to act in the “best interest of the game.” This article explores the legal challenges that have faced baseball’s commissioners from Landis to Fay Vincent and the narrowing of the scope of the commissioner’s powers (including a more limited view of what “best interest of the game” means).



Durney, Jeffrey A. “The Commissioner and Major League Baseball’s Disciplinary Process.” Emory Law Journal 41 (1992): 581-631.

The position of Major League Baseball commissioner has evolved to the point where the commissioner alone has sole disciplinary authority over the game’s players. In considering the disciplinary process, this article reviews not only the law of private business associations and their powers of self-governance, but also the role of the courts with regard to player discipline.



Gould, Mark T. “Fantasy Revisited: Baseball’s Antitrust Exemption Gets Hit by a Pitch.” Entertainment & Sports Lawyer 11 (Fall 1993): 11-14.

This discussion of Major League Baseball’s antitrust exemption focuses primarily on the case of Piazza v. Major League Baseball Inc.43 Gould considers both the antitrust exemption and baseball’s reserve clause in the context of the Piazza case.



Gould, Mark T. “In Whose ‘Best Interests’? The Narrowing Role of Baseball’s Commissioner.” Entertainment & Sports Lawyer 12 (Spring 1994): 1-22.

The 1919 Chicago White Sox scandal led to the appointment of Judge Kennesaw Mountain Landis as baseball’s first commissioner. While Landis ruled baseball with an iron hand, in subsequent years the powers of baseball’s commissioner have changed considerably. This article looks at the changes and the conflict that arises when the commissioner must act in baseball’s best interest.



Lavelle, Lydia. “From the Diamonds to the Courts: Major League Baseball v. the Commissioner.” North Carolina Central Law Journal 21 (1995): 97-121.

Lavelle offers a history of the powers of the commissioner of Major League Baseball as well as an overview of the individuals who have held this office. She also discusses the case of the Chicago National League Ball Club Inc. v. Vincent44 which sought to stop the realignment of Major League Baseball’s divisions.



Reinsdorf, Jonathan M. “The Powers of the Commissioner in Baseball.” Marquette Sports Law Journal 7 (1996): 211-55.

In this informative article on the powers of the Major League Baseball commissioner, Reinsdorf looks at the powers given to Judge Kenesaw Mountain Landis as well as subsequent changes in the duties and powers of those who have held the position since Landis.



Rosentraub, Mark S. “Governing Sports in the Global Era: A Political Economy of Major League Baseball and its Stakeholders.” Indiana Journal of Global Legal Studies 8 (2000): 121-44.

*357 Rosentraub looks at how professional sports are governed and the impact of that governance on these sports, particularly baseball. After considering the history of sport as it relates to local culture and identity, he discusses how the responsibility for sports governance could be shared by international associations and national sports leagues.



Sathy, Depak. “Reconstruction: Baseball’s New Future.” Seton Hall Journal of Sport Law 4 (1994): 27-75.

In recent years Major League Baseball has been troubled by several problems, including issues pertaining to the power of the commissioner’s office. This article looks at baseball’s governance before the office of commissioner was created and then describes the evolution of power beginning with Judge Kennesaw Mountain Landis. Sathy makes proposals for the restructuring of the governance of baseball.



Willisch, Michael J. “Protecting the ‘Owners’ of Baseball: A Governance Structure to Maintain the Integrity of the Game and Guard the Principals’ Money Investment.” Northwestern University Law Review 88 (1994): 1619-50.

Addressing baseball’s decline as the national pastime, this article discusses possible legal solutions designed to save the integrity of the game. Willisch’s model uses a hybrid of both the current commissioner model and a corporate model to protect both team owners and the game itself.




Cwiertny, Scott M. “The Need for a Worldwide Draft: Major League Baseball and its Relationship with the Cuban Embargo and United States Foreign Policy.” Loyola of Los Angeles Entertainment Law Review 20 (2000): 391-428.

While there is a multitude of talented baseball players currently residing in Cuba, U.S. foreign policy precludes these players from coming to the United States to play professional baseball. This article examines the need for Major League Baseball to change the rules that now encourage teams to violate U.S. foreign policy to recruit these players, the Los Angeles Dodgers’ actions in this regard, and the overall effect of the Cuban embargo on the game.



Greller, Matthew N. “Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning for Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball and United States-Cuba Relations.” American University International Law Review 14 (1999): 1647-1712.

From Sammy Sosa to Orlando “El Duque” Hernandez, a baseball fan need not look far to find the effects of immigration law on the game. This interesting and cleverly titled comment looks at current U.S. immigration laws regarding foreign baseball players and in particular the “O” and “P” visa categories. Additionally, Greller looks at the Cuban baseball defections of the 1990s and the development of a comprehensive baseball diplomacy.



Schneider, Andrea Kupfer. “Baseball Diplomacy.” Marquette Sports Law Review 12 (2001): 473-86.

While foreign relations between the United States and Cuba are strained, Cuban baseball players continue to defect to the United States. This article considers the *358 parallels between foreign diplomacy and baseball diplomacy. Additionally, this article looks at what happens when Cuban players defect to the United States to play baseball.



Spagnuolo, Diana L. “Swinging for the Fence: A Call for Institutional Reform as Dominican Boys Risk Their Futures for a Chance in Major League Baseball.” University of Pennsylvania Journal of International Economic Law 24 (2003): 263-87.

Spagnuolo offers an insightful look at the problems, legal and otherwise, facing players recruited from the Dominican Republic. She provides a history of baseball in the Dominican Republic while addressing the lure of Major League Baseball for players who have grown up in poverty. Spagnuolo proposes reforms for improving the recruiting system currently in place and provides the viewpoints of both players’ advocates and representatives of Major League Baseball.



Intellectual Property

Carrier, Kym. “Right of Publicity: Cardtoons, L.C. v. Major League Baseball Players Association.” Oklahoma Law Review 15 (1998): 159-73.

The right of publicity in which an individual is granted the right to profit from his or her likeness or name was challenged in the case of Cardtoons L.C. v. Major League Baseball Players Ass’n.45 This article examines the Tenth Circuit decision in which the court ruled in favor of Cardtoon, a company engaged in the business of parody baseball cards, and looks at prior cases dealing with the right of publicity.



De Avila, Liliana. “Copyright—Compilation of Facts—The Selection of Statistics in a Baseball Outcome Predictive Pitching Form is Within the Subject Matter of Copyright.” Seton Hall Journal of Sport Law 2 (1992): 233-52.

This article address the creation of a pitching form and the issue of whether a compilation can be afforded copyright protection. At issue is a pitching form created in 1982 by George Kregos which was published in subscribing newspapers and the creation of a similar form by the Associated Press in 1984.



Gould, Mark T. “Cardtoons, L.C. v. Major League Baseball Players Association: The ‘Bonding’ Effect of Parody.” Entertainment & Sports Lawyer 15 (Spring 1997): 8-10.

The rights of privacy and publicity for public figures is an often-litigated subject. This article looks at the parody of public figures in light of Cardtoons L.C. v. Major League Baseball Players Ass’n.46



Hylton, J. Gordon, “Baseball Cards and the Birth of the Right of Publicity: The Curious Case of Haelan Laboratories v. Topps Chewing Gum.” Marquette Sports Law Review 12 (2001): 273-94.

In this interesting article, Hylton provides an insightful look at the history and development of the baseball card industry. This historical look at a unique *359 industry leads up to the 1953 decision of Haelan Laboratories v. Topps Chewing Gum47 which dealt with the images of professional baseball players and the recognition of the modern right to publicity.



Ibrahim, Sanjay. “Prelitigation Threats Made with Probable Cause Enjoy the Same Level of Protection From Liability as Litigation Itself Under the Noerr-Pennington Petitioning Immunity Doctrine—Cardtoons v. Major League Baseball Players Association.” Seton Hall Journal of Sport Law 10 (2000): 435-56.

This note discusses the case of Cardtoons v. Major League Baseball Players Ass’n.48 Among the issues considered are immunity from liability for correspondence between private parties and whether a petition to the government must take the form of a complaint in order to trigger the Noerr-Pennington doctrine.



Kwok, Rebecca. “Cardtoons v. Major League Baseball Players Association: Fair Use or Foul Play?” UCLA Entertainment Law Review 5 (1998): 315-53.

Looking at the right of publicity and the parody of public figures, Kwok disagrees with the Tenth Circuit’s decision in Cardtoons v. Major League Baseball Players Ass’n.49



Prebut, David. “Best Interests of Self Interest: Major League Baseball’s Attempt to Replace the Compulsory Licensing Scheme with Retransmission.” Seton Hall Journal of Sport Law 3 (1993): 111-47.

In an interesting look at the licensing and transmission of Major League Baseball games, this note discusses attempts by baseball to amend copyright laws to allow a system of retransmission consent. It also reviews the effect of the superstations on smaller market teams and the feasibility of abolishing the compulsory license.



Robinson, Mark A. “Injunctive Relief for Trademark Infringement is not Available When Likelihood of Confusion Does not Exist as to the Source of the Goods or Services or When an Entity Abandons a Trademark.” Seton Hall Journal of Sport Law 4 (1994): 205-28.

In 1957 the Dodgers moved from Brooklyn to Los Angeles. The team became known as the Los Angeles Dodgers. This article looks at trademark infringement when a trademark has been abandoned.



Shahdanian, John. “Parody Contained on Trading Cards Does not Violate an Athlete’s Right of Publicity.” Seton Hall Journal of Sport Law 7 (1997): 423-48.

This note addresses the case of Cardtoons, L.C. v. Major League Baseball Players Ass’n50 in which Major League Baseball players were parodied in cards produced by Cardtoons.



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