Baseball and the Law
Publication: Feb 98
6 x 9
An accessible, insightful look at how baseball and salary arbitration are shaped by lawRead Chapter 1 (pdf).
On June 12, 1939, in dedicating the Baseball Hall of Fame, Judge Kennesaw Mountain Landis proclaimed: "I should like to dedicate this museum to all America, to lovers of good sportsmanship, healthy bodies, clean minds. For those are the principles of baseball."
The game of baseball mirrors our history, our identity, and our culture. And, if baseball is the heart of America, the legal process provides the sinews that hold it in place. It was the legal process that allowed William Hulbert to bring club owners toghether in a New York City hotel room in 1876 to form the National League, and ninety years later it allowed Marvin Miller to change a management-funded fraternity of ballplayers into the strongest trade union in America.
But how does collective bargaining and labor arbitration work in the major leagues? Why is baseball exempt from the antitrust laws? In Legal Bases, Roger I. Abrams has assembled an all-star baseball law team whose stories illuminate the sometimes uproarious, sometimes ignominous relationship between law and baseball that has made the business of baseball a truly American institution.
Leading off in Abrams' lineup is Monte Ward, the hall of Fame pitcher-shortstop and graduate of Columbia Law School who organized the first baseball union. After Curt Flood's valiant, but doomed, effort in federal court, Andy Messersmith strikes out the reserve system in arbitration. And in the ninth inning, pinch-hitter Judge Sonia Sotomayor drives in the winning run of the 1994 major league players' strike.
Along the way, Abrams also 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 charactersfrom 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 issueslike intellectual property, eminent domain, and gender equitythat may provide the all-star baseball law stories of the future.
Table of Contents
1. The Legal Process at the Birth of Baseball: John Montgomery "Monte" Ward
2. The Enforcement of Contracts: Napoleon "Nap" Lajoie
3. Baseball's Antitrust Exemption: Curt Flood
4. Collective Bargaining: Marvin Miller
5. The Owners and the Commissioner: Branch Rickey and Charles O. Finley
6. Labor Arbitration and the End of the Reserve System: Andy Messersmith
7. The Collusion Cases: Carlton Fisk
8. The Crimes of Baseball: Pete Rose
9. Baseball's Labor Wars of the 1990s: Sonia Sotomayor