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Article
Before the flood: the history of baseball’s antitrust exemption
School of Law Faculty Publications (1999)
  • Roger I. Abrams
Abstract

This article addresses the historical anomaly of baseball’s exemption from the federal antitrust laws. Starting with Justice Holmes’ opinion in the 1922 Federal Baseball case, the article criticizes the Supreme Court’s rigid adherence to stare decisis despite considerable changes in the legal and economic context. Ultimately, in the Curt Flood case the Court acknowledges the error of its previous ways, but stubbornly refuses to correct the law, leaving to Congress the ultimate power to revise a half century of judicial errors.

Keywords
  • Baseball,
  • federal antitrust laws,
  • Justice Holmes,
  • stare decisis,
  • Curt Flood,
  • Supreme Court,
  • Congress
Disciplines
Publication Date
April 1, 1999
Publisher Statement

Originally published in Marquette Sports Law Journal, Vol. 9, No. 2, pp. 307-313, Spring 1999. Copyright 1999 Marquette University Law School.

Citation Information
Originally published in Marquette Sports Law Journal, Vol. 9, No. 2, pp. 307-313, Spring 1999.