Baseball on Trial


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.




Baseball's Reserve System


Book Description

On October 8, 1969, the St. Louis Cardinals traded center fielder Curt Flood to the Philadelphia Phillies. At the time of the trade, Flood was thirty-one years old, at the top of his game and in the prime of his life. In professional baseball, trades are not uncommon. What was different about this trade was that Curtis Charles Flood refused to recognize the - right - of the Cardinals to trade him to another team without his consent. In doing so, Flood challenged a practice that was designed and enforced by professional baseball owners for over eighty years - a practice commonly referred to as the - reserve system. It was the late 1960s - a decade of great racial tension and unrest; the Vietnam War was dividing the country; and now Curt Flood, a black man was challenging the lily-white major league baseball establishment.On January 16, 1970, Curt Flood filed suit in the Federal District Court in New York against major league baseball alleging that baseball?s reserve system violated the Sherman Antitrust Act and Flood?s rights under federal law. Flood argued that once he signed a contract (in his case, when he was eighteen years old), he was owned by (this team) for life and that the reserve system was tantamount to slavery.Flood?s decision to challenge major league baseball cost him his baseball career and much more. Despite the U.S. Supreme Court?s denial of Flood?s claims and ruling (in 1972) that professional baseball was exempt from federal antitrust regulation, professional baseball players had (free agency) by 1975. This is the story of Curt Flood?s case and trial against major league baseball and its aftermath.




Lawyerball


Book Description

An owners' fight over an "inside baseball" arbitration splitting cable television profits spills into a New York City trial court. Lawyerball traces this dispute from the baseball antitrust exemption to the implications of the judge's rulings for the baseball business, the game, its fans, and ordinary Americans. Lawyerball tells the story of the monopolization of baseball as an American business, and its disappearance from much of American life. It has lessons about the shrinking rights of Americans to go to court with their grievances. It also has lessons about the vanishing freedom of Americans to choose their work. This story about the future of baseball might foretell the future of America. In 2005, thirty Major League Baseball clubs owned the near-bankrupt Montreal Expos. The clubs signed a television contract with the Baltimore Orioles. The Orioles owner agreed to not sue MLB over the relocation of the Expos to Washington, D.C. In return, MLB gave the Orioles the rights to cablecast the Washington Nationals future games. MLB then sold the Expos to a Washington real estate billionaire. He had to work with the Orioles owner, a class-action lawyer, to make a contract work that he had not negotiated. The first time these owners were required to cooperate, accusations flew between them. Three years later, the Orioles, the Nationals and MLB sat before a New York trial judge. He would decide how to shift more than $100 million dollars between the teams. He would chart the future of baseball.




The Baseball Trust


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.




The Court-Martial of Jackie Robinson


Book Description

Eleven years before Rosa Parks resisted going to the back of the bus, a young black second lieutenant, hungry to fight Nazis in Europe, refused to move to the back of a U.S. Army bus in Texas and found himself court-martialed. The defiant soldier was Jack Roosevelt Robinson, already in 1944 a celebrated athlete in track and football and in a few years the man who would break Major League Baseball’s color barrier. This was the pivotal moment in Jackie Robinson’s pre-MLB career. Had he been found guilty, he would not have been the man who broke baseball’s color barrier. Had the incident never happened, he would’ve gone overseas with the Black Panther tank battalion—and who knows what after that. Having survived this crucible of unjust prosecution as an American soldier, Robinson—already a talented multisport athlete—became the ideal player to integrate baseball. This is a dramatic story, deeply engaging and enraging. It’s a Jackie Robinson story and a baseball story, but it is also an army story as well as an American story.




One Man Out


Book Description

Chronicles star baseball player Curt Flood's attempt to overthrow the "reserve" clause system of professional baseball, which bound players to teams as a form of property. Although he lost his legal battle, the Court left the door open for the players to eventually negotiate a version of "free agency."




The Philadelphia Titan The Adam Renfroe Jr. Story


Book Description

Adam Renfroe, Jr. is the Philadelphia Titan. "Adam said he was gonna tell the truth in a book one day, and boy, did he ever tell it in this book" (a quote from a friend). Starting with a book proposal entitled "No Justice, Just Us: What Went Wrong with Major League Baseball," former Philadelphia attorney and baseball fan Adam Renfroe, Jr. set out to tell his personal and career-ending story about his 1985 courtroom battle with MLB and the Federal Government. A number of National League baseball stars were in trouble that year for the use, solicitation, and participation of recreational cocaine and its league-wide distribution baseball stars who including Dave Parker, Keith Hernandez, Dale Berra, and Lonnie Smith. This Major League Baseball drug scandal was a sign of the times in the American 1980s when the entire country was struggling with recreational drug addictions. This scandal became infamously known as the Pittsburgh Drug Trials. Tough-nosed attorney Adam Renfroe, Jr. was stuck right in the middle of it, defending a fellow Philadelphian, Curtis "Chef Curt" Strong, a Phillies fanatic caterer who had been accused of selling cocaine to several Philadelphia Phillies and Pittsburgh Pirates' baseball players. But when Curtis Strong was faced with the prospect of doing hard time, Major League Baseball Commissioner Peter Uberroth and head of the United States Department of Justice Edwin Meese had worked out a deal with the accused baseball players to give them immunity for their confessions by naming not only Chef Curt but several Pittsburgh area drug dealers who had unfortunately befriended and associated with this group of popular, wealthy, and obviously pampered baseball players who had found themselves addicted to cocaine and hungry to find their next fix. With MLB and the Federal Government in collusion, Adam Renfroe, Jr. was strongly advised to leave the case alone, play nice, and walk away from it like every other attorney had previously done. He was told that Curtis Strong and the rest of the group of ragtag, petty drug dealers were not worth putting his career on the line for in a case that he couldn't possibly win. But Adam was a stand-up guy and a North Philadelphia loyalist, who had been trained to fight to the finish in defense of the common man who needed it. It was the reason why he had become a lawyer in the first place. And in the aftermath of a long, revealing, and nationally televised and debated case, Adam Renfroe, Jr.'s career all came crumbling down. This book not only tells the story of his historical courtroom battle with Major League Baseball and the Federal Government but unravels the personal and professional struggles of a man who had the audacity to go up against the multimillionaires of Major League Baseball and the intimidating power of the Federal Government in the first place. So we give you Philadelphia Titan: The Adam Renfroe, Jr. Story, the lawyer who took Major League Baseball to trial.




The Life and Trials of Roger Clemens


Book Description

At six feet, four inches and more than 220 pounds, Roger Clemens (1962- ) was a major figure in baseball for nearly a quarter century. The best pitcher of his generation, his 4,672 strikeouts rank third all-time. He dominates modern statistical analysis. High strung and temperamental, Clemens got into a barroom brawl during his first semester at University of Texas and once was jailed for punching out a Houston police officer. He endured sports writers heckling his inarticulate English and hostile fans decrying his aggressive pitching style. He retired in 2007 at 45 amid allegations of performance-enhancing drug use. Questioned by a Congressional committee about his alleged use of steroids, Clemens was accused of perjury but later acquitted. This book covers his life and his sensational but controversial career, with anecdotes from such baseball legends as Ted Williams, Casey Stengel and David Ortiz.




The Little White Book of Baseball Law


Book Description

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.




Baseball and the Law


Book Description

PLEASE NOTE: This book is available only as an ebook. Print copies are not available. Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student''s understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes. The accompanying Teacher''s Manual provides invaluable tips for both new and experienced instructors. Baseball and the Law received the 2017 Baseball Research Award, awarded by the Society for American Baseball Research (SABR). "The authors have adopted a familiar casebook format, presenting edited opinions followed by notes providing legal and factual context. While this book''s format is traditional, the content is anything but. Chapters are designed to orient readers to the variety of legal issues involving commissioners, teams, stadiums, players, fans, and amateurs. Through the authors'' efforts to collect and organize these cases, Baseball and the Law illuminates how the law shapes the way baseball is played and enjoyed." -- The Harvard Law Review "[This book] is like no baseball book I''ve ever had the pleasure to pick up (or, at hardback and 1,040 pages, do curls with). [...] I''m neither a lawyer nor a reviewer of books, but I find Baseball and the Law to be a fun volume to have on the bookshelf. Gift givers looking for a baseball item for the fan who has everything have something unique to consider as a stocking stuffer. Because unless your fan is a student or a professor at a participating law school, (s)he doesn''t have this." -- Howard Cole, Forbes "I must confess that when I read Baseball and the Law, it was the first textbook I could remember that I actually enjoyed reading. It is not only a significant compilation of the cases that have provided the law relating to baseball, it is also a remarkable history of the sport and the business surrounding it. After a couple of essays in the introduction, the authors begin with a review of baseball cases dating back to the 1800s. While I am no expert in baseball law, I cannot conceive of any area of baseball law that is not covered by the book. I have to assert that Baseball and the Law is a phenomenal compilation of the law regarding most, if not all, facets of baseball litigation and law. It is truly an enjoyable read." -- Major B. Harding (former chief justice of the Florida Supreme Court and shareholder with Ausley McMullen in Tallahassee), The Florida Bar Journal "For anyone who has a deep interest in the game of baseball and wants to understand its legal history, this is a fascinating book as well as a great reference tool." -- Vince Gennaro, President of Society for American Baseball Research (SABR) "[Schiff and Jarvis have] combined their work and play to create an innovative way to teach law--and perhaps expand the trivia repertoire of diehard fans. [Baseball and the Law] is a 1,040-page look at 110 of the game''s most intriguing or iconic legal disputes...The extensive and sometimes intriguing case notes span centuries. They reach from 1791, when a Massachusetts town passed an ordinance banning baseball from being played within 250 feet of a church (to protect its windows) to modern-day rulings reflecting the rise of performance drug use by professional athletes." -- Diane C. Lade, South Florida Sun-Sentinel "[This book] covers a slew of cases involving Baseball and the law...Readers can find litigation involving George Steinbrenner, Pete Rose, John Rocker and the Black Sox, along with cases about antitrust laws, fans, teams, comissioners, broadcast rights, gambling, owner conduct, competitive balance, baseball cards and even hot dogs being shot into the stands. Schiff and Jarvis spice up the book with informative and colorful notes that even a layman can understand. The scope of their research is breathtaking, drawing from books, magazines, broadcasts, scholarly works and newspapers." -- Bob D''Angelo, The Sports Bookie "As prolific baseball book reviewer Ron Kaplan has already written about this one: "The closest I''ll ever get to law school" is reading this. We agree. And we''d also encourage anyone who thinks they may have a shot at becoming the MLB Commissioner some day, start by lawyering up and investing knowledge here about how the game is still held together by the strings of historical court documents." -- Tom Hoffarth, Farther Off the Wall "The casebook''s coverage is comprehensive. Cases are organized from baseball''s point of view, rather than traditional categoies of legal subject areas. There are chapters on Commissioners, Teams, Stadiums, Players, Fans and Amateurs. I think this is a helpful approach: generally speaking, outside the walls of law schools and law firms, client''s legal problems are not organized into legal categoies, and the sooner students realize this, the better. [...]I wondered whether women would be missing entirely from such a casebook, but this isn''t true of Baseball and the Law and it feels like the authors made a deliberate effort to address this concern. In addition to a number of cases dealing with sex discrimination ... the Notes discuss MLB''s domestic violence policy and women''s history and future in professional baseball as players and umpires; a number of women are cited in the Notes, particularly in the Introduction; and there are photos of Justice Sonia Sotomayor (''''the woman who saved baseball'''' and the 1995 season) throwing out the first pitch at a Yankees game and of Little League World Series pitching phenom Mo''ne Davis. [...]the Notes are a goldmine of baseball facts and lore, and, more importantly, help to place the cases in their historical and social context. This brings the cases to life and made me want to read the next case which is exactly what law professors want their students to do, and should be the ultimate goal of any law school casebook." -- Gail Henderson, University of Alberta''s Faculty Blog "Whoever wants to know the heart and mind of America had better learn baseball. So wrote French philosopher Jacques Barzum in a 1954 book, "God''s Country and Mind." Maybe he should have written that whoever wants to know about American law should learn baseball. That''s the approach taken by a Broward County judge and a Nova Southeastern law professor who have just published Baseball and the Law, a 1,040 page textbook intended to spark teaching the subject at law schools, and just maybe provide some entertaining and educational reading for the baseball-afflicted lawyers." -- Gary Blankenship, The Florida Bar News "When it comes to baseball and the courts ... Baseball and the Law spells out many of the cases that made Milwaukee famous in baseball jurisprudence--cases that helped shape the game as it is today." -- Chris Foran, The Milwaukee Journal Sentinel (from 11 new baseball books to add to your lineup) "Baseball and the Law offers a wealth of information for students and baseball fans alike... Schiff and Jarvis present cases and notes that help us appreciate, understand, and gain insight into some of the most important legal and social issues of the past and present... The abundance of information and wealth of knowledge that this text offers makes it an invaluable resource... [I]t is current, enthusiastic, well-researched, thorough, and full of fascinating, historical details (lots of interesting baseball trivia too)... One of the most enjoyable aspects of the text is the notes following the cases. The notes practically comprise a treatise on baseball law and lore in and of themselves." -- Russ VerSteeg, Marquette Sports Law Review "Baseball and the Law is intended to be a textbook for courses in this specialized area. It is probably ideal for its intended purpose, but it is also a remarkable reference tool for anyone interested in the topic. The greatest strength of the book is its level of detail. It is more than one thousand pages of big-picture overview, small details, and reference after reference. Every baseball-related legal case I have ever heard of, as well as hundreds that I knew nothing about, appears to be excerpted or described in the text. Further, the authors reference baseball historians, philosophers, political scientists, journalists, and bloggers who have written on the topic. These references are more than simply citations; rather, they are brief summations of the author''s points and sometimes a critique of that perspective. These references are more like an annotated bibliography than the traditional footnotes to which a sport historian might be used." --Sarah K. Field, Journal of Sport History "This is a book that every lawyer who is also a baseball fan (or any kind of sports fan) will enjoy reading and referencing... It is hard to write about baseball without, wel