Question

1. Should stare decisis be such a powerful doctrine that it trumps modern societal realities (such as baseball’s growing use of interstate commerce via radio and television)?
2. As a public policy matter, do you agree that Major League Baseball should have an exemption from antitrust laws? Why or why not?

Flood was a professional baseball player who was traded by the St. Louis Cardinals to the Philadelphia Phillies. For a variety of reasons, Flood was unhappy with the trade and refused to report to his new team while forfeiting a significant salary. Flood sent a letter to the Commissioner of Major League Baseball (Kuhn) demanding free agency. Kuhn declined to grant Flood free agency on the basis of the “reserve clause” in Flood’s contract. As a practical matter, the clause allowed a team to retain the rights of a player indefinitely. Therefore, the clause prevented Flood from negotiating with another team and gave St. Louis the right to trade him to a new team or renew his contract.



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  • CreatedNovember 06, 2014
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