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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. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights Publisher: ISBN: Category : Law Languages : en Pages : 452
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: United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law Publisher: ISBN: Category : Antitrust law Languages : en Pages : 706
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: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition Publisher: ISBN: Category : Law Languages : en Pages : 216
Book Description
Distributed to some depository libraries in microfiche.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights Publisher: ISBN: Category : Law Languages : en Pages : 74
Author: Aaron N. Wise Publisher: Kluwer Law International B.V. ISBN: 9041106022 Category : Law Languages : en Pages : 530
Book Description
This comprehensive, three-volume set focuses on the legal and business aspects of sports in the United States and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. International Sports Law and Business is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. Part III explores the law and business of sports in 18 non-U.S. jurisdictions andndash; subject matter hardly covered in other sources, if at all. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Part V focuses upon sports marketing in its various forms in the United States, as well as its international perspectives. This easy-to-read work is unmatched in that it covers subjects not addressed or only tangentially addressed in other works, presents insiders perspectives on the subject matter, and focuses extensively on international aspects of sports law and business in connection with many different subjects. Among its exhibits, International Sports Law and Business includes a World League of American Football Standard Player Contract form, a sample World League of American Football Acquisition and Operation Agreement, Statute of Court of Arbitration for Sport and Regulations. It also includes a comprehensive index. Its unique coverage and practical features make International Sports Law and Business a critical reference for agents, attorneys, and other practitioners involved in international sports law or handling a trust where one or more of the assets is sports-related, or considering expanding an existing practice area. Those involved in the study of sports law will also appreciate this high quality work.
Author: Nathaniel Grow
Author: Nathaniel Grow
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Author: Stuart Banner
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Author: John C. Weistart
Author: United States. Congress. Senate. Committee on the Judiciary
Author: Dean V. Williamson
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Author: Aaron N. Wise