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Books > Sport & Leisure > Sports & outdoor recreation > Ball games > Baseball
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Baseball on Trial - The Origin of Baseball's Antitrust Exemption (Hardcover)
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Baseball on Trial - The Origin of Baseball's Antitrust Exemption (Hardcover)
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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.
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