America’s Pastime of a Time Past: Baseball has lost its special place in the American courts, but why? (Part 2 of 2)

I. Introduction
 
The introductory section of Flood v. Kuhn entitled
"The Game" earned Justice Blackmun a smirk retort from Justice Douglas
in a dissenting opinion.[1]  Even Justice White who joined in the
judgment of the Court noted his disapproval of the rant.[2] Even still,
based on the legal doctrine of stare decisis (let the decision stand)
the Court allowed a poorly-reasoned precedent stand to protect the
once-beloved baseball from antitrust regulation.[3]  But the courts
have now redacted the special treatment previously given to baseball
partially because its profit-oriented nature has become apparent.

II. Analysis

Sports journalists and commentators point to the Adonis-like
attitudes of athletes, inflated salaries and endorsements, and general
misconduct as reasons for decreased fan interest.  Some sight that the
games have lost their purity in this age of free agency, where players
bounce around, mercenaries for hire to whichever team pays the most. 
These are all

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America’s Pastime of a Time Past: Baseball has lost its special place in the American courts, but why? (Part 1 of 2)

I. Introduction

Baseball has enjoyed a
special place in the hearts of American sports fans.  It is touted as
America’s pastime.  As Americans, judges are not immune to either the
love of the game or the special status it holds in American culture. 
While other sports faced antitrust regulation with respect to the
reserve clause, baseball was exempted by the courts. [1]  The reserve clause restricts the right of the player to contract with a team other than the one he is currently signed with.[2]  Justice Blackmun, in his famous opinion in Flood v. Kuhn, pays homage to the baseball gods with a nearly seven-page-long introductory section entitled “The Game.”[3]  This storied past of baseball (MLB) no longer holds sway as recent rulings evidence.  Specifically, in the CBC v. MLB Advanced Media,
a federal district court recently held that MLB did not have … Read the rest

Confirmed test results: A new uphill battle for American cyclist Floyd Landis

I. Introduction

It goes by
many different headlines: doping, steroids, performance enhancing drugs
(PEDs).  It is an issue that rears its head in competitive sports time
and time again.  A controversy has been building for years and is
currently unfolding: allegations of a champion American cyclist having
used PEDs during the Tour de France.  But the American cyclist that the
French accused for so long is retired, and his former teammate now sits
opposed to the pointing finger of the cycling world.  This time the
cycling world has some evidence to support its claims.  [1] 
This article analyzes the charges that the current Tour de France
champion cyclist Floyd Landis faces and the course of appealing those
charges. 

II. The alleged doping is the type that enhances the athlete's recovery and energy levels

Floyd Landis has tested positive for synthetic testosterone. 
Synthetic testosterone use conjures thoughts of oversized men

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Sports Stadiums: Do Franchises Really Need Public Financing to Build Their New Stadiums

I. Introduction

Many people have spent a summer night or a Sunday afternoon at the ballpark or stadium watching their favorite teams.  These stadiums are an integral part of a professional sports franchises operations.  In recent years there has been a surge in new stadiums being built by teams as they take advantage of the willingness of cities to provide public financing.  Since 2000 there have been 17 new stadiums built for National Football League and Major League Baseball teams. [1].  In addition, several teams are in discussions for the building of new stadiums in the next few years. [2].

II. Analysis

Of those 17 new stadiums only one, SBC Park in San Francisco, was built entirely with private funding. [3]. Sports teams have on average have been able to get 70% of the costs of building a new stadium financed through public funding. [4]. This generally allows sports franchises

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O’Brien v. Ohio State University: Implications for Future Employment Agreements

In 2004, Ohio State University officials announced that they were firing then-coach Jim O'Brien because of NCAA violations that allegedly breached O'Brien's contract with Ohio State. [1]  O'Brien was the head coach for the men's basketball team, and was fired for loaning out $6,000 to a foreign player who the University was trying to recruit. [2]  He then sued the University for a breach of their employment agreement.  On February 15, 2006, Judge Joseph T. Clark of the Ohio Court of Claims ruled that O'Brien was unlawfully fired, despite the fact that he had indeed broken NCAA rules.  [3]  O'Brien had violated the terms of his contract, but the violations were not serious enough to warrant his firing. [4]  This article evaluates the court's decision, and its implications on future contractual relationships between coaches and universities.

The University relied on specific contractual language to support its decision to fire O'Brien. 

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