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The study of baseball history and culture shows the national pastime to be a forum of debate where issues of sport, labor, race, character and the ethics of work and play are decided. An understanding of baseball calls for consideration of different perspectives. This very readable textbook offers insights into baseball history as a subject worthy of scholarly attention. Each chapter introduces a specific disciplinary approach--history, economics, media, law and fiction--and poses representative questions scholars from these fields would consider. Instructors considering this book for use in a course may request an examination copy here.
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.
In this thoroughly revised Fourth Edition, Glenn Wong provides a comprehensive review of the various sports law issues facing professional, intercollegiate, Olympic, high school, youth, and adult recreational sports. Major topics include tort liability, contracts/waivers, antitrust law, labor law, constitutional law, gender discrimination, drug testing, intellectual property law, broadcasting laws pertaining to sports agents, business and employment law, Internet gambling, and athletes with disabilities. Significant additions here include new court decisions, agreements (contracts and collective bargaining agreements), and legislation (federal, state, association, and institutional rules and regulations). Discussions of legal concepts are supplemented with summaries and excerpts from hundreds of actual sports cases. Wong cites a variety of books, law review articles, newspaper articles, and Web links for those requiring further information on particular topics. This text-professional guide serves as an invaluable resource to those involved, or studying to become involved, in the vast industry of sports.
Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno’s How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.