The Baseball Trust

A History of Baseball's Antitrust Exemption

Author: Stuart Banner

Publisher: Oxford University Press

ISBN: 0199974691

Category: Sports & Recreation

Page: 336

View: 1787

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The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
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Baseball's Antitrust Exemption

Hearing Before the Subcommittee on Economic and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, First Session, March 31, 1993

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law

Publisher: N.A

ISBN: N.A

Category: Antitrust law

Page: 698

View: 5120

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Antitrust Policy and Professional Sports

Oversight Hearings Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, Ninety-seventh Congress, First and Second Sessions, on H.R. 823, H.R. 3287, and H.R. 6467 ... July 14, 15, 16, December 10, 1982, February 10, 24, 1982, September 30, 1982 (H.R. 6467).

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law

Publisher: N.A

ISBN: N.A

Category: Antitrust law

Page: 667

View: 5758

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The Baseball Bibliography

Author: Myron J. Smith

Publisher: McFarland & Company Incorporated Pub

ISBN: N.A

Category: Reference

Page: 1718

View: 6797

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"With over 57,000 entries, this two-volume set is the most comprehensive non-electronic, non-database, print bibliography on any American sport. Represented here are books and monographs, scholarly papers, government documents, doctoral dissertations, mas
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Sports Law and Legislation

An Annotated Bibliography

Author: Adam Epstein,Sharon Hladczuk,Craig Slater

Publisher: Greenwood

ISBN: N.A

Category: Law

Page: 324

View: 9487

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This comprehensive, annotated bibliography covers the field of sports law and legislation in terms of national and international legal issues. The 1,367 entries emphasize recent books, articles, and other important works in legal scholarship published in recent years but also point to some earlier materials of particular historical significance. The bibliography and its annotations are easily accessible through the division of the volume into 35 chapters on various sports, topics of major importance, and issues that are key in sports law and legislation today.
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Baseball on Trial

The Origin of Baseball's Antitrust Exemption

Author: Nathaniel Grow

Publisher: University of Illinois Press

ISBN: 0252095995

Category: Law

Page: 296

View: 3931

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The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
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Congressional Record

Proceedings and Debates of the ... Congress

Author: United States. Congress

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 1787

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
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The Kid on the Sandlot

Congress and Professional Sports, 1910-1992

Author: Stephen R. Lowe

Publisher: Popular Press

ISBN: 9780879726768

Category: Sports & Recreation

Page: 176

View: 9080

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It is, however a story that scholars have written about only on the periphery and of which most sports fans know little.
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