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.

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.

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.

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.

Major League Baseball is experiencing a period of distinct uncertainty. Average game attendance has fallen since the 1994 strike. Congress has called into question baseball's presumed antitrust exemption. Broadcast rights disputes for popular teams have created complications for fans. However, new stadium facilities and, more important, the renewed excitement brought to the game by shattered batting records and the blazing pitchers of the late 90's brought fans back. A strike was narrowly averted at the end of the 2002 season, a campaign that yielded one of the most exciting post-seasons yet, with the unlikely Anaheim Angels claiming the coveted World Series trophy.Beneath these encouraging developments deep problems persist within Major League Baseball. Though a labor agreement was finally reached between players and owners, the specter of another dispute looms in the minds of fans. The new agreement, while a positive step, introduces several perverse incentives and will only make a modest dent in baseball's economic deformities. While Commissioner Bud Selig's proposal to eliminate two under-performing franchises was put on hold, the Players Association has agreed not to challenge an owner effort to contract two teams before the 2007 season. Beyond that, Selig himself has become the object of controversy, as questions regarding his possible conflicts of interest and poor leadership taint his reign over baseball. Disputes surrounding the establishment of regional sports networks, such as New York's YES network, make it more difficult and expensive for fans to watch their favorite teams. Tough questions about baseball's presumed special antitrust status have been raised by many, including an official Congressional inquiry.This book explores the abuses and inefficiencies in the functioning of the baseball industry and how these problems are directly connected to Major League Baseball's monopoly status, its presumed exemption from antitrust regulation, and public policy. Andrew Zimbalist, a noted sports economist, spares no criticism for baseball's current leadership. He asserts that the biggest problem for baseball remains the economic realities of its monopolistic practices. The absence of competitive pressure has bred arrogance, laxity, and inefficiency in Major League Baseball, according to Zimbalist. Among other recommendations, he argues that lifting the presumed exemption would allow government and judicial oversight, with an eye toward ending the abuses.May the Best Team Win provides a solid, hard-hitting analysis of the current state of America's pastime. Easily accessible and highly informative, it is bound to become a standard reference tool for fans seeking a deeper understanding of the important issues

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."

With personal interviews of players and owners and with over two decades of research in newspapers and archives, Bill Marshall tells of the players, the pennant races, and the officials who shaped one of the most memorable eras in sports and American history. At the end of World War II, soldiers returning from overseas hungered to resume their love affair with baseball. Spectators still identified with players, whose salaries and off-season employment as postmen, plumbers, farmers, and insurance salesmen resembled their own. It was a time when kids played baseball on sandlots and in pastures, fans followed the game on the radio, and tickets were affordable. The outstanding play of Joe DiMaggio, Stan Musial, Ted Williams, Bob Feller, Don Newcombe, Warren Spahn, and many others dominated the field. But perhaps no performance was more important than that of Jackie Robinson, whose entrance into the game broke the color barrier, won him the respect of millions of Americans, and helped set the stage for the civil rights movement. Baseball's Pivotal Era, 1945-1951 also records the attempt to organize the Pittsburgh Pirates and the Mexican League's success in luring players south of the border that led to a series of lawsuits that almost undermined baseball's reserve clause and antitrust exemption. The result was spring training pay, uniform contracts, minimum salary levels, player representation, and a pension plan—the very issues that would divide players and owners almost fifty years later. During these years, the game was led by A.B. "Happy" Chandler, a hand-shaking, speech-making, singing Kentucky politician. Most owners thought he would be easily manipulated, unlike baseball's first commissioner, the autocratic Judge Kennesaw Mountain Landis. Instead, Chandler's style led one owner to complain that he was the "player's commissioner, the fan's commissioner, the press and radio commissioner, everybody's commissioner but the men who pay him."

A “captivating”* look at how center fielder Curt Flood's refusal to accept a trade changed Major League Baseball forever. 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. *The Washington Post

The last independent major league ended its brief run in 1915, after only two seasons at the national pastime’s top level. But no competitor to establishment baseball ever exerted so much influence on its rival, with some of the most recognizable elements of the game today—including the commissioner system, competition for free agents, baseball’s antitrust exemption, and even the beloved Wrigley Field—traceable to the so-called outlaw organization known as the Federal League of Base Ball Clubs. This comprehensive history covers the league from its formation in 1913 through its buyout, dissolution, and legal battles with the National and American leagues. The day-to-day operation of the franchises, the pennant races and outstanding players, the two-year competitive battle for fans and players, and the short- and long-term impact on the game are covered in detail.

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.