Free PDF The Baseball Trust: A History of Baseball's Antitrust Exemption
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The Baseball Trust: A History of Baseball's Antitrust Exemption
Free PDF The Baseball Trust: A History of Baseball's Antitrust Exemption
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Review
"Splendid....[A] valuable corrective to the widely held view that the romance of baseball was the main reason that courts have treated it with special solicitude....Mr. Banner, who teaches law at the University of California, Los Angeles, is himself a sure-footed historian and a legal writer of exceptional grace and clarity."--Adam Liptak, New York Times"Among the most compelling baseball books this season..."--David Ulin, Los Angeles Times"Stuart Banner, a law professor and noted legal historian, explores the history that led to baseball's being the only sport exempt from antitrust laws. Through the use of extensive primary materials, Banner leads the reader through the history of the decisions that ultimately led to 'such a weird state of affairs'....The Baseball Trust is a well-researched and entertaining look at how antitrust law has affected the national pastime."--Library Law Journal"One of the great puzzles of the history of both baseball and anti-trust law is the 'exemption' granted to the baseball industry from anti-trust law. Nearly everyone agrees that the exemption, which is not available to other professional sports, makes very little sense as a matter of law or economics. Stuart Banner demonstrates that the exemption was not intended to serve the usual reason for avoiding anti-trust laws, but rather to preserve baseball's 'reserve clause,' which bound players indefinitely to their clubs and thereby reduced the players' leverage. By following shrewd advice from lawyers, organized baseball was able to convince both the courts and Congress that replacing the reserve clause with free agency would undermine competitive balance. Even though this turned out not to be the case, baseball's anti-trust exemption remains in place. Banner's book will be the place to start in understanding that curious anomaly."--G. Edward White, author of Creating the National Pastime"In this important study, Banner provides extensive treatment of organized baseball's battle with antitrust regulations....[A] decidedly strong contribution to the literature on organized baseball and the law."--Library Journal"This is the best single-volume history of baseball's antitrust exemption. Prof. Banner does an excellent job mining primary sources to show how savvy lawyers and baseball officials laid the groundwork for 'baseball's bizarre monopoly.' Banner brings a lawyer's rigor, a historian's discerning eye, and a baseball fan's ear to this very important work of baseball and American legal history. This is a tale that needed to be told."--Brad Snyder, author of A Well-Paid Slave: Curt Flood's Fight for Free Agency in Professional Sports"Through The Baseball Trust, Banner provides baseball fans, legal scholars, and historians alike with a tremendous source on this highly complex topic."--Journal of Sport History
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About the Author
Stuart Banner is Norman Abrams Professor of Law at the University of California, Los Angeles School of Law. A noted legal historian, he is the author of many books, including most recently American Property: A History of How, Why, and What We Own; Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On; and Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska.
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Product details
Hardcover: 304 pages
Publisher: Oxford University Press; 1 edition (April 1, 2013)
Language: English
ISBN-10: 0199930295
ISBN-13: 978-0199930296
Product Dimensions:
9.3 x 0.9 x 6.4 inches
Shipping Weight: 1.2 pounds (View shipping rates and policies)
Average Customer Review:
4.6 out of 5 stars
13 customer reviews
Amazon Best Sellers Rank:
#1,529,852 in Books (See Top 100 in Books)
A great book, which likely is more appreciated by antitrust lawyers, which I am. Banner shows the essential irrationality of baseball's antitrust exemption and how its continuance is more a matter of politics than law. At the same time, he makes good points about how applying antitrust to baseball could lead in some circumstances to undesirable consequence. Well worth reading for those who wonder how baseball, alone among American sports, is exempt from antitrust laws. The author does a good job of making it readable for no -lawyers.
This was a really a well researched book that solved a longtime mystery for me: I knew baseball had an antitrust exemption, but never knew what it did in practice or where it came from. And I think I learned as much or more about the Supreme Court and the legal system as I did about baseball.
This book made a terrific gift for a baseball-lover. It's a topic well worth researching. This book did the job!
This an absolutely terrific book filled with interesting stories and written in accessible and articulate prose. It packs an enormous about of baseball, legal, and cultural history into a relatively short book.
Written for the general public rather than anti-trust practitioners, the book provides a lucid and informative history of the application of federal and state anti-trust law to professional sports and describes the diosyncratic basis for the exemption of baseball from the Sherman Anti-Trust Act. In demonstratig the legal history for the anomolous baseball anti-trust exemption, the author exposes the political and judicial forces which prevented a normal reconcilation of anti-trust law with changing notions of federal regulation of interstate commerce. The book also provides insights into the plight of professional atheletes until the development of effective player's unions.
I bought this for my nephew, who is a lawyer, and he loved it. My husband and sons want a copy now. Great for all baseball fans.
Excellent book - it fits in nicely with a baseball course I teach at the University of Connecticut. Great overview and useful.
Very informative explanation of the history of the anti trust exemption. Clearly this exemption should be dropped, but the chances of that seem remote. This exemption is what the Giants are using to block the move of the A's to San Jose.
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