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.
Date of Authorship for this Version
Baseball, Antitrust law, Justice Holmes, stare decisis, Curt Flood, Supreme Court, Congress, Entertainment and Sports Law, Law
Abrams, Roger I., "Before the flood: the history of baseball's antitrust exemption" (1999). School of Law Faculty Publications. 302.