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Author: Nathaniel Grow Publisher: University of Illinois Press ISBN: 0252095995 Category : Law Languages : en Pages : 297
Book Description
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.
Author: Nathaniel Grow Publisher: University of Illinois Press ISBN: 0252095995 Category : Law Languages : en Pages : 297
Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law Publisher: ISBN: Category : Antitrust law Languages : en Pages : 672
Author: Stuart Banner Publisher: Oxford University Press ISBN: 0199974691 Category : Sports & Recreation Languages : en Pages : 300
Book Description
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.
Author: Matthew J. Mitten Publisher: Wolters Kluwer Law & Business ISBN: 9781454869788 Category : Sports Languages : en Pages : 0
Book Description
The authors of the leading sports law casebook joined with two of the leaders in the sports law field to develop a problem-based sports law and governance text for undergraduate and graduate students. The text is presented in the traditional law school case method style, with a unique focus on how those regulatory and governance materials can be used to solve problems in sports, from issues like Deflategate to the future of big-time intercollegiate athletics. Whether students are interested in careers in professional or amateur sports law, they will acquire foundational knowledge that will help them identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor/employment, antitrust, and intellectual property law are all addressed, as well as health and safety issues and high school, college, and international/Olympic/regulatory concerns. In a world where sports has proven to be a leader, the book also addresses racial and gender equity issues in depth.
Author: John C. Weistart Publisher: Lexis Law Publishing (Va) ISBN: Category : Professional sports Languages : en Pages : 286
Book Description
This work is intended for the general practitioner as well as the sports law specialist. Topics covered include regulation of amateur athletics, public regulation of sports activities, legal relationships in professional sports, enforcement of professional sports contracts, antitrust aspects of sports activities, collective bargaining and professional sports, and federal income taxation of sports activities.
Author: Michael A. McCann Publisher: Oxford University Press ISBN: 0190465956 Category : Law Languages : en Pages : 649
Book Description
The Oxford Handbook of American Sports Law is a timely and engaging compilation of commentaries by leading experts on the most significant issues in US sports law. The book blends analysis of historical and contemporary controversies with prescriptions for how courts and lawmakers can reconcile the competing interests of leagues, owners, and players. The Handbook also establishes a foundation for future research on sports law issues. As technology and social media alter the ways fans, athletes, and team officials interact, legal doctrine will be challenged to adapt, and the Handbook both forecasts these debates and outlines where the law may be headed.
Author: John J. Miller Publisher: Jones & Bartlett Learning ISBN: 1284141292 Category : Sports & Recreation Languages : en Pages : 294
Book Description
Written for courses within Sports Law, Legal Aspects of Sports, Second Edition provides a modern, case-based approach to this changing area of sports management and administration. The text provides a breadth of coverage that is specifically written for Sport Management majors who need to understand the relationship between sport administration and the law and as such provides an accessible level of detail. It urges students to think critically about course material and apply material to an in-depth study of legal aspects of sport through the use of cases to real-world scenarions and questions at the end of each chapter. The Second Edition has been reorganized to improve the flow of content and all case studies have been added to Navigate 2 to help students stay organized and prepare for class. The topic of discrimination in sports has been updated and expanded to include age, race, religion, and gender discrimination.
Author: Scott Rosner Publisher: Jones & Bartlett Publishers ISBN: 0763780782 Category : Business & Economics Languages : en Pages : 792
Book Description
The Business of Sports, Second Edition is a comprehensive collection of readings that focus on the multibillion-dollar sports industry and the dilemmas faced by todays sports business leaders. It contains a dynamic set of readings to provide a complete overview of major sports business issues. The Second Edition covers professional, Olympic, and collegiate sports, and highlights the major issues that impact each of these broad categories. The Second Edition continue to provide insight from a variety of stakeholders in the industry and cover the major business disciplines of management, marketing, finance, information technology, accounting, ethics and law. In addition, it features concise introductions, targeted discussion questions, and graphs and tables to convey relevant financial data and other statistics discussed. This book is designed for current and future sports business leaders as well as those interested in the inner-workings of the industry.
Author: Nathaniel Grow
Author: Nathaniel Grow
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Author: Stuart Banner
Author: Matthew J. Mitten
Author: Dean V. Williamson
Author: John C. Weistart
Author: Michael A. McCann
Author: John J. Miller
Author: 
Author: Scott Rosner