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Legal Bases

Baseball And The Law

Roger Abrams

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Paperback

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English
Temple University Press,U.S.
02 February 1998
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 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.

Author note: Roger I.

Abrams is a major league baseball salary arbitrator who has arbitrated cases involving Ron Darling and Brett Butler. He is also Dean and Richardson Professor of Law at Northeastern University School of Law and has taught and written in the field of sports law for more than a decade.

He is the author of The Money Pitch, also published by Temple University Press.
By:  
Imprint:   Temple University Press,U.S.
Country of Publication:   United States
Edition:   New edition
Dimensions:   Height: 229mm,  Width: 152mm,  Spine: 20mm
Weight:   399g
ISBN:   9781566398909
ISBN 10:   1566398908
Pages:   240
Publication Date:  
Audience:   Professional and scholarly ,  Professional and scholarly ,  General/trade ,  Undergraduate ,  Further / Higher Education
Format:   Paperback
Publisher's Status:   Active
"CONTENTS Preface Introduction 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 Conclusion Bibliography Index"

Roger I. Abrams is a major league baseball salary arbitrator who has arbitrated such cases as those involving Ron Darling and Brett Butler. He is also Dean and Richardson Professor of Law at Northeastern University School of Law and has taught and written in the field of sports law for more than a decade. He is the author of The Money Pitch, also published by Temple University Press.

Reviews for Legal Bases: Baseball And The Law

A prominent sports-law professor (Rutgers Univ.) and baseball-salary arbitrator explains the obvious and not-so-obvious reasons why baseball players and team owners seem to spend more time arguing before judges than before field umpires. Abrams asserts that if baseball is the heart of America, the legal process provides the sinews that hold it in place. Coming from a sports-law practitioner and educator, such a pronouncement might seem both simplistic and self-serving. However, going over the game's history, from its inception in the mid-19th century to the present, Abrams convincingly illustrates why the business of baseball has supplanted the game itself in the American limelight. To explain the relationship between law and baseball, the author focuses on nine men and one woman who had pivotal roles in the game's history - a group of players, owners, and litigators Abrams calls the All-Star Baseball Law Team. Using these individuals' actions and related events, he discusses several major themes: John Montgomery Ward's clashes with National League team owners over the formation of a players' union at the end of the 19th century; the Curt Flood case against baseball's reserve clause and its exemption from federal anti-trust regulations in the 1970s; Pete Rose and the issues of jurisdiction; baseball executives' struggles with the commissioner's office over a vague yet binding mandate to act on behalf of the best interests of baseball. Abrams is astute and unflinching in his judgments, yet shows admirable balance (although he doesn't shy away from depicting how management's arrogance and inability to organize in any but a collusive manner has contributed to their poor public image and unsuccessful litigative record). Also, he obligingly explains many terms often used but seldom understood (in relation to baseball), and makes clear many subtle distinctions, such as that between arbitration and mediation. Interesting and illustrative, this is a book every thinking sports fan should read. (Kirkus Reviews)


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