Sports

Fair Play for Minor League Baseball

People are often quick to criticize professional athletes for the amount of money they make. And within the world of professional sports, baseball players often make more money than their peers in other professional sports. Some of the reasons for this, as some have pointed out, are that Major League Baseball (MLB) has no salary cap, the MLB has a strong players’ union, and sports agents wield a tremendous amount of power. Compared to other major American sports, Major League Baseball also cultivates talent in a unique way. In the National Basketball Association (NBA) and the National Football League (NFL), professional teams typically recruit players from college. In the National Hockey League (NHL), there are minor league teams, but there are numerous leagues, and individual teams do not have contractual control over all players on the team. In baseball, however, virtually the only way that a player reaches the MLB is by progressing through Minor League Baseball (MiLB). MLB teams typically exercise control over 3-5 MiLB teams, and the MiLB teams have contractual control over all of their players. This level of control has led to unequal bargaining power that teams have over their players, which has not only resulted [read more]

Taking on the National Football League

On October 15, 2017, several news and media outlets reported that former San Francisco 49ers quarterback Colin Kaepernick would be filing a grievance against the National Football League. Kaepernick, following the requisite procedure, filed his grievance under the National Football League’s Collective Bargaining Agreement alleging collusion amongst the 32 owners of NFL teams. What started out as an individual practicing his right to protest, particularly to shed light on specific social injustices, has escalated rapidly into a national debate centered on players kneeling during the national anthem. As a result of his protest, and in combination with both the immense media coverage and fellow athletes who joined in protest, Colin Kaepernick remains unsigned a year later. In what is undoubtedly a monumental task taking on the NFL, Kaepernick still stands on the verge of making more history if an arbitrator finds the allegations are true. Article XVII(a)(1) of the NFL collective bargaining agreement states that no NFL team or employee “shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit individual club decision making as to . . . whether to negotiate or not to negotiate with [read more]

It’s Time to Pay the Student-Athletes

It seems as if every year a new NCAA scandal emerges. This year, an FBI investigation revealed corruption, bribery, and fraud between assistant coaches, universities, investment firms, and Adidas affiliates. The biggest school involved is the University of Louisville, which is a college basketball powerhouse. In the complaint of the criminal case, U.S. v. James Gatto, it is alleged that James Gatto (Adidas’ global sports marketing director for basketball), Merl Code (a former NCAA basketball player now associated with Adidas), and Munish Sood (the founder of investment services firm Princeton Capital) paid $100,000 to a high school recruit to commit to Louisville. The case also alleges that Sood would manage the player’s money and the player would sign with Adidas when he entered the NBA. The investigation suggests that Rick Pitino was involved in this corruption, and as a result, Pitino was fired on October 16, 2017. Under the current NCAA model, student-athletes are considered amateurs and cannot be paid. It is a model that emphasizes the “spirit of the game”, and pays student-athletes with a value of an education. Education is extremely important; however, its value is minuscule compared to how much money these top college football and basketball programs [read more]

America’s Favorite National Pastime: 7th Circuit Upholds Baseball’s Antitrust Exemption

Although baseball’s popularity has waned in recent years, the sport remains unique from any other professional sports league in that it is exempt from the scrutiny of federal antitrust laws. While other leagues have attempted to gain a similar exemption, and have consistently been unsuccessful, baseball has managed to maintain the exemption for close to a century. Recently, the 7th Circuit upheld this exemption in Right Field Rooftops LLC et al. v. Chicago Baseball Holdings LLC. The decision begs the question: isn’t it time for baseball’s undeserved, outdated exemption to be overturned? The exemption was originally granted to the sport in a 1922 Supreme Court decision called Federal Baseball Club of Baltimore v. National League, in which the Court ruled that federal antitrust laws did not apply to baseball because only interstate commerce was subject to federal antitrust scrutiny, and such “exhibitions” were not interstate commerce. Over thirty years later, in a 1953 decision called Toolson v. New York Yankees, the Supreme Court declined to overturn Federal Baseball, reasoning that the league had “been left for thirty years to develop, on the understanding that it was not subject to antitrust legislation” and that Congress, not the courts, should decide whether [read more]