Sports_Law_Powe_I

Sports_Law_Powe_I - CH 1 Best Interest of the Sport Role of...

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CH 1: Best Interest of the Sport: Role of the Commissioner Rose v. Giamatti –Giamatti acting under powers granted by Art. 1 of the Major League Agreement investigates Rose. Breadth of Powers: 1. Investigate any practices suspected not to be in the best interest of baseball. 2. After investigation, to determine what remedial or punitive action is necessary --Note that the privileged status of Giamatti required all affiliated with Major League baseball to submit to his decisions 1. Giamatti sent a letter to a judge in Cincinnati who was sentencing one of the informants in Rose’s case; the judge was a fan and forwarded the letter to Rose’s lawyer who got a 10 day restraining order b/c of procedural unfairness in State Ct. **Rose argued that the Reds as an organization were a party to the dispute and Giamatti could not remove the case to Fed Ct on the basis of no diversity. 2. Fed. Judge found that the MLA made Rose and Giamatti the only parties (Unappealable, no right of recourse to the courts); Rose’s case for procedural unfairness was then removable. 3. B/c of IRS problems and presumably the perception that the judge would use the same reasoning to find that Giamatti’s decision unless wholly capricious was unreviewable, Rose dropped the suit against Giamatti. 4. There was never a finding that Pete Rose ever bet on baseball 5. Other instances of gambling (Jordan) have not attracted the attention that Rose did, presumable b/c no other sport has baseball’s checkered past **Should Owners, when they act collectively as a league, be treated as a single entity for purposes of K, labor, antitrust, and other areas of substantive law a. Should judges have the power to overturn decisions made by private leagues, speaking through commissioners b. Issue of public/private distinction Legal Scope of Commissioner’s Authority Does the Commissioner have to observe judicial Due Process? 1919—Am. League President Johnson suspends a Boston player for walking off the field in the middle of a game, even though he was traded to NY the following day. Yanks sue, held for Yanks, permanent injunction against suspension a. President’s role interpreted as regulating conduct on the field vis-à-vis the rules of baseball. b. End of the limited power of commissioners? Kenesaw Mountain Landis Becomes Comissioner --Came as a result of Black Sox Scandal; perception that the office of Commissioner was to diluted, Landis refused to take the position unless his decisions were unreviewable. Milwaukee v. Landis —Milwaukee was trading players within its farm league preventing other clubs from signing them. a. Charter and by-laws of professional baseball create an absolute power in commissioner b. Code fosters clean competition, discipline, and morale by protecting clubs and players through the judgment of the Commissioner. “Vests in the Commissioner jurisdiction to prevent any conduct destructive of the aims of the Code” c. Code made the Commissioner the absolute arbiter, and this was the express intention of all clubs in
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Sports_Law_Powe_I - CH 1 Best Interest of the Sport Role of...

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