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.
A comprehensive look at baseball's interaction with the federal government.
After the 1969 season, the St. Louis Cardinals traded their star center fielder, Curt Flood, to the Philadelphia Phillies, setting off a chain of events that would change professional sports forever. At the time there were no free agents, no no-trade clauses. When a player was traded, he had to report to his new team or retire. Unwilling to leave St. Louis and influenced by the civil rights movement, Flood chose to sue Major League Baseball for his freedom. His case reached the Supreme Court, where Flood ultimately lost. But by challenging the system, he created an atmosphere in which, just three years later, free agency became a reality. Flood’s decision cost him his career, but as this dramatic chronicle makes clear, his influence on sports history puts him in a league with Jackie Robinson and Muhammad Ali.
Abrams examines such issues as drug use and gambling, enforcement of contracts, and the rights of owners and managers. The stories he tells are not limited to his official lineup, but include appearances by a host of other characters - from baseball magnate Albert Spaulding and New York Knickerbocker Alexander Joy Cartwright to "Acting Commissioner" Bud Selig and Jackie Robinson. And Abrams does not limit himself to the history of baseball and the legal process but also speculates on the implications of the 1996 collective bargaining agreement and those other issues - like intellectual property, eminent domain, and gender equity - that may provide the all-star baseball law stories of the future.
In late 1913 the newly formed Federal League declared itself a major league in competition with the established National and American Leagues. Backed by some of America’s wealthiest merchants and industrialists, the new organization posed a real challenge to baseball’s prevailing structure. For the next two years the well-established leagues fought back furiously in the press, in the courts, and on the field. The story of this fascinating and complex historical battle centers on the machinations of both the owners and the players, as the Federals struggled for profits and status, and players organized baseball’s first real union. Award winning author, Daniel R. Levitt gives us the most authoritative account yet published of the short-lived Federal League, the last professional baseball league to challenge the National League and American League monopoly.
Curt Flood in the Media examines the public discourse surrounding Curt Flood (1938-1997), the star center fielder for the St. Louis Cardinals throughout the sixties. In 1969, Flood was traded to the Philadelphia Phillies. At the time, all Major League Baseball players were subject to the reserve clause, which essentially bound a player to work in perpetuity for his original team, unless traded for another player or sold for cash, in which case he worked under the same reserve conditions for the next team. Flood refused the trade on a matter of principle, arguing that Major League Baseball had violated both U.S. antitrust laws and the 13th Amendment’s prohibition of involuntary servitude. In a defiant letter to Commissioner Bowie Kuhn asking for his contractual release, Flood infamously wrote, “after twelve years in the major leagues, I do not feel that I am a piece of property to be bought and sold irrespective of my wishes.” Most significantly, Flood appeared on national television with Howard Cosell and described himself as a “well-paid slave.” Explosive controversy ensued. Khan examines the ways in which the media constructed the case and Flood’s persona. By examining the mainstream press, the black press, and primary sources including Flood’s autobiography, Khan exposes the complexities of what it means to be a prominent black American athlete-in 1969 and today.
The game of baseball has often resulted in brawls, both on the field and in the courtroom, and from the 1890's on, much of what baseball is today has been shaped by the law. In eighteen chapters, this eye-opening book discusses cases that involved rules of the game, new stadium construction, ownership of baseball memorabilia, injured spectators, television contracts, and much more.
From Major League Baseball's inception in the 1880s through World War II, team owners enjoyed monopolistic control of the industry. Despite the players' desire to form a viable union, every attempt to do so failed. The labor consciousness of baseball players lagged behind that of workers in other industries, and the public was largely in the dark about labor practices in baseball. In the mid-1960s, star players Sandy Koufax and Don Drysdale staged a joint holdout for multiyear contracts and much higher salaries. Their holdout quickly drew support from the public; for the first time, owners realized they could ill afford to alienate fans, their primary source of revenue. Baseball's Power Shift chronicles the growth and development of the union movement in Major League Baseball and the key role of the press and public opinion in the players' successes and failures in labor-management relations. Swanson focuses on the most turbulent years, 1966 to 1981, which saw the birth of the Major League Baseball Players Association as well as three strikes, two lockouts, Curt Flood's challenge to the reserve clause in the Supreme Court, and the emergence of full free agency. To defeat the owners, the players' union needed support from the press, and perhaps more importantly, the public. With the public on their side, the players ushered in a new era in professional sports when salaries skyrocketed and fans began to care as much about the business dealings of their favorite team as they do about wins and losses. Swanson shows how fans and the media became key players in baseball's labor wars and paved the way for the explosive growth in the American sports economy.
In Juicing the Game, award-winning journalist Howard Bryant offers the only big-picture look at the insidious manner in which performance-enhancing drugs infested baseball as the game’s leaders stood idly by, reaping the rewards. Combining hard-hitting investigative journalism with interviews with baseball heavyweights such as Jason Giambi, Commissioner Bud Selig, union head Donald Fehr, and Hall of Famer Reggie Jackson among many others, Juicing the Game is the definitive book on both the steroid scandal and the era it has irreversibly tainted. BACKCOVER: “A rich and measured tale of the last dishonest decade . . . No more comprehensive, balanced or fair account exists. Bryant carefully and powerfully builds his case. The self-inflicted catastrophe could have no better chronicler.” —Los Angeles Times “If there ever was a ‘must read’ sports book of its time, this is it. Because of the undeniable truths it tells, Bryant’s book is essential reading.” —The Washington Post Book World
What is the difference between gambling and speculation? This difficult question has posed a legal problem throughout American history. Many have argued that periodic failures by regulators to differentiate between the two have been the proximate causes of catastrophic economic downturns, including the Great Depression and the 2008 global financial crisis. In Speculation, Stuart Banner provides a sweeping history of how the fine lines separating investment, speculation, and outright gambling have shaped America from the 1790s to the present. Advocates for risky investments have long argued that risk-taking is what defines America. On the other side, critics counter that unregulated speculation results in bubbles that draw in the most ill-informed investors, creating financial chaos. The debate has been a perennial feature of American history. The Panic of 1837, the speculative boom of the roaring twenties, and the real estate bubble of the early 2000s are all emblematic of the difficulty in differentiating sober from reckless speculation. Some, chastened by the most recent crash, argue that we need to prohibit certain risky transactions, but others respond by citing the benefits of loosely governed markets and the dangers of over-regulation. Economic crises have generated deep ambivalence, yet Americans' faith in investment and the stock market has always rebounded quickly after even the most savage downturns. Speculation explores a suite of themes that sit at the heart of American history-the ability of courts and regulators to protect ordinary Americans from the ravages of capitalism; the periodic fallibility of the American economy; and the moral conundrum inherent in profiting from speculation while condemning speculators. Banner's engaging and accessible history is invaluable not only for understanding the fault lines beneath the American economy today, but American identity itself.
The 1975 Cincinnati Reds, also known as the “Big Red Machine,” are not just one of the most memorable teams in baseball history—they are unforgettable. While the Reds dominated the National League from 1972 to 1976, it was the ’75 team that surpassed them all, winning 108 games and beating the Boston Red Sox in a thrilling 7-game World Series. Led by Hall of Fame manager Sparky Anderson, the team’s roster included other legends such as Johnny Bench, Pete Rose, Joe Morgan, Tony Pérez, Ken Griffey Sr., and Dave Concepción. The 1975 Reds were notably disciplined and clean-cut, which distinguished them from the increasingly individualistic players of the day. The Great Eight commemorates the people and events surrounding this outstanding baseball team with essays on team management and key aspects and highlights of the season, including Pete Rose’s famous position change. This volume gives Reds fans complete biographies of all the team’s players, relives the enthralling 1975 season, and celebrates a team that is consistently ranked as one of the best teams in baseball history.
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
If You Were Only White explores the legacy of one of the most exceptional athletes ever—an entertainer extraordinaire, a daring showman and crowd-pleaser, a wizard with a baseball whose artistry and antics on the mound brought fans out in the thousands to ballparks across the country. Leroy “Satchel” Paige was arguably one of the world’s greatest pitchers and a premier star of Negro Leagues Baseball. But in this biography Donald Spivey reveals Paige to have been much more than just a blazing fastball pitcher. Spivey follows Paige from his birth in Alabama in 1906 to his death in Kansas City in 1982, detailing the challenges Paige faced battling the color line in America and recounting his tests and triumphs in baseball. He also opens up Paige’s private life during and after his playing days, introducing readers to the man who extended his social, cultural, and political reach beyond the limitations associated with his humble background and upbringing. This other Paige was a gifted public speaker, a talented musician and singer, an excellent cook, and a passionate outdoorsman, among other things. Paige’s life intertwined with many of the most important issues of the times in U.S. and African American history, including the continuation of the New Negro Movement and the struggle for civil rights. Spivey incorporates interviews with former teammates conducted over twelve years, as well as exclusive interviews with Paige’s son Robert, daughter Pamela, Ted “Double Duty” Radcliffe, and John “Buck” O’Neil to tell the story of a pioneer who helped transform America through the nation’s favorite pastime. Maintaining an image somewhere between Joe Louis’s public humility and the flamboyant aggression of Jack Johnson, Paige pushed the boundaries of segregation and bridged the racial divide with stellar pitching packaged with slapstick humor. He entertained as he played to win and saw no contradiction in doing so. Game after game, his performance refuted the lie that black baseball was inferior to white baseball. His was a contribution to civil rights of a different kind—his speeches and demonstrations expressed through his performance on the mound.
Examines the campaign to desegregate baseball, chronicles the efforts of alternative presses to end baseball' color line, and reveals how differently black and white newspapers, and black and white America, viewed racial equality.
A collection of essays which "describe developments in the game's past, assess their impact, and explain how they reflect the period in which they occurred; ... explore baseball's influences outside the field of play as well as the effect of external factors on the game; ... [and] discuss such key issues as demographics, communities, social mobility, race and ethnicity."--Cover.
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.
This public domain book is an open and compatible implementation of the Uniform System of Citation.
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.