Sports and the Law, Examining the Legal Evolution of America's Three ""Major Leagues (Paperback)Peter Carfagna (author)
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Next, the text analyzes how the historic baseball "antitrust exemption," which was first established by the Supreme Court in 1922 (and upheld in 1972 in Flood v. Kuhn), has been applied most recently with updated applications of the exemption through an analysis of the following cases: San Jose/Oakland A's (MLB franchise relocation), Miranda (minor league baseball players), Garber (territorial broadcast rights) and Wyckoff (MLB scouts), among others. An overview of general antitrust law (including the statutory and nonstatutory labor exemptions) in the context of the NFL and NBA is included in a newly formated chapter. The "legal evolution" of age eligibility restrictions and professional drafts are explored in that same context, with related study guides.
The new edition next traces the development of the Leagues' various regimens for monetizing the available inventories of "intellectual property rights," including updates to the Leagues' (and players') licensing and "publicity rights"" rules, highlighting the NBA's recent decision to allow for advertising on team jerseys. A new chapter then importantly deals with the evolving subjects of Concussion and Painkiller-related Litigation in the NFL, along with other challenges to the Major Leagues' Drug Testing rules, including the BioGenesis saga and the NFL's revised drug policy. The final chapter covers recent developments in the application of the Three Leagues' "franchise relocation" rules, with an in-depth look at the recent relocations of the Rams, Chargers and (perhaps) the Oakland Raiders, among others.
Publisher: West Academic
Number of pages: 447
Dimensions: 236 x 159 mm
Edition: 3rd Revised edition