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Flood V. Kuhn
''Flood v. Kuhn'', 407 U.S. 258 (1972), was a decision by the Supreme Court of the United States that preserved the reserve clause in Major League Baseball (MLB) players' contracts. By a 5–3 margin, the Court reaffirmed the antitrust exemption that had been granted to professional baseball in 1922 under ''Federal Baseball Club v. National League'', and previously affirmed by '' Toolson v. New York Yankees, Inc.'' in 1953. While the majority believed that baseball's antitrust exemption was anomalous compared to other professional sports, it held that any changes to the exemption should be made through Congress and not the courts. The National League had instituted the reserve clause in 1879 as a means of limiting salaries by keeping players under team control. Under that system, a baseball team reserved players under contract for a year after the contract expired, preventing them from being taken by other teams in bidding wars. MLB team owners argued that the clause was neces ...
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2d Cir
D, or d, is the fourth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''dee'' (pronounced ), plural ''dees''. History The Semitic letter Dāleth may have developed from the logogram for a fish or a door. There are many different Egyptian hieroglyphs that might have inspired this. In Semitic, Ancient Greek and Latin, the letter represented ; in the Etruscan alphabet the letter was archaic, but still retained (see letter B). The equivalent Greek letter is Delta, Δ. Architecture The minuscule (lower-case) form of 'd' consists of a lower-story left bowl and a stem ascender. It most likely developed by gradual variations on the majuscule (capital) form 'D', and today now composed as a stem with a full lobe to the right. In handwriting, it was common to start the arc to the left of the vertical stroke, resulting in a serif at the top of the arc. This serif w ...
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Federal League
The Federal League of Base Ball Clubs, known simply as the Federal League, was an American professional baseball league that played its first season as a minor league in 1913 and operated as a "third major league", in competition with the established National and American Leagues, from 1914 to 1915. The Federal League came together in early 1913 through the work of John T. Powers, and immediately challenged the operations of organized baseball as a minor league playing outside of the National Agreement. After James A. Gilmore succeeded Powers as league president, the league declared itself to be a major league. Playing in what detractors called the "outlaw" league allowed players to avoid the restrictions of the organized leagues' reserve clause. The competition of another, better paying league caused players' salaries to skyrocket, demonstrating the bargaining potential of free agency for the first time since the war between the AL and NL. Interference by the National and ...
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Collective Bargaining Agreement
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an employers' association) that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process. Finland In Finland, collective labour agreements are universally valid. This means that a collective agreement in an economic sector becomes a universally applicable legal minimum for any individual's employment contract, whether or not they are a union member. For this condition to apply, half of the workforce in that sector needs to be union members, thus supporting the agreement. Workers are not forced to join a union in a specific workplace. Nevertheless, ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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Harry Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the " Minnesota Twins", but Blackmun drifted away from Burger during their tenure on th ...
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Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ...
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Major League Baseball Players Association
The Major League Baseball Players Association (or MLBPA) is the union representing all current Major League Baseball players. All players, managers, coaches, and athletic trainers who hold or have held a signed contract with a Major League club are eligible for membership in the Association. The MLBPA has three major divisions: a labor union, a business (Players Choice Group Licensing Program), and a charitable foundation (Major League Baseball Players Trust). The MLBPA primarily serves as a collective bargaining representative for all Major League Baseball players, as well as playing significant roles in MLB-related business and nonprofit affairs. On August 28, 2022, the MLBPA publicly launched a campaign to help minor league baseball players unionize. On September 9, 2022, MLB voluntarily recognized the MLBPA as the union for over 5,500 minor league baseball players playing rookie ball to Triple-A. Players Choice group licensing The MLBPA's Players Choice group licensin ...
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Marvin Miller
Marvin Julian Miller (April 14, 1917 – November 27, 2012) was an American baseball executive who served as the executive director of the Major League Baseball Players Association (MLBPA) from 1966 to 1982. Under Miller's direction, the players' union was transformed into one of the strongest unions in the United States. In 1992, Red Barber said, "Marvin Miller, along with Babe Ruth and Jackie Robinson, is one of the two or three most important men in baseball history." Miller was selected to the National Baseball Hall of Fame in December 2019, for induction in 2020. Early life Miller was born in The Bronx on April 14, 1917, and grew up in Flatbush, Brooklyn, rooting for the Brooklyn Dodgers. His father, Alexander, was a salesman for a clothing company on the Lower East Side in Manhattan; and, as a youngster, Marvin walked a picket line in a union organizing drive. His mother, Gertrude Wald Miller, who taught elementary school, was a member of the New York City teachers ...
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Arthur Goldberg
Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to the United Nations. Born in Chicago, Illinois, Goldberg graduated from the Northwestern University School of Law in 1930. He became a prominent labor attorney and helped arrange the merger of the American Federation of Labor and the Congress of Industrial Organizations. During World War II, he served in the Office of Strategic Services, organizing European resistance to Nazi Germany. In 1961, President John F. Kennedy appointed Goldberg as the Secretary of Labor. In 1962, Kennedy successfully nominated Goldberg to the Supreme Court to fill a vacancy created by the retirement of Felix Frankfurter. Goldberg aligned with the liberal bloc of justices and wrote the majority opinion in ''Escobedo v. Illinois''. In 1965, Goldberg resigned from t ...
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Philadelphia Phillies
The Philadelphia Phillies are an American professional baseball team based in Philadelphia. They compete in Major League Baseball (MLB) as a member of the National League (NL) National League East, East division. Since 2004, the team's home stadium has been Citizens Bank Park, located in the South Philadelphia Sports Complex. Founded in 1883, the Philadelphia Phillies are the oldest continuous same-name, same-city franchise in all of American professional sports. The Phillies have won two World Series championships (against the Kansas City Royals in and the Tampa Bay Rays in ), eight National League pennants (the first of which came in 1915), and made 15 playoff appearances. As of November 6, 2022, the team has played 21,209 games, winning 10,022 games and losing 11,187. Since the first modern World Series was played in , the Phillies have played 120 consecutive seasons and 140 seasons since the team's 1883 establishment. Before the Phillies won their first World Series in 19 ...
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Center Fielder
A center fielder, abbreviated CF, is the outfielder in baseball who plays defense in center field – the baseball and softball fielding position between left field and right field. In the numbering system used to record defensive plays, the center fielder is assigned the number 8. Position description Outfielders must cover large distances, so speed, instincts and quickness to react to the ball are key. They must be able to catch fly balls above their heads and on the run. They must be able to throw the ball accurately over a long distance to be effective. As well as the requirements above, the center fielder must be the outfielder who has the best combination of speed and throwing distance. The center fielder "covers more 'grass' than any other player" (see photo) and, most likely, will catch the most fly balls. The position also has the greatest responsibility among the three outfielders for coordinating their play to prevent collisions when converging on a fly ball, and on ...
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Curt Flood
Curtis Charles Flood (January 18, 1938 – January 20, 1997) was an American professional baseball player and activist. He was a center fielder who played 15 seasons in Major League Baseball for the Cincinnati Redlegs, St. Louis Cardinals, and Washington Senators. Flood was a three-time All-Star, a Gold Glove winner for seven consecutive seasons, and batted over .300 in six seasons. He led the National League (NL) in hits (211) in 1964 and in singles, 1963, 1964, and 1968. Flood also led the National League in putouts as center fielder four times and in fielding percentage as center fielder three times. He retired with the third most games in center field (1683) in NL history, trailing Willie Mays and Richie Ashburn. Flood became one of the pivotal figures in the sport's labor history when he refused to accept a trade following the 1969 season, ultimately appealing his case to the U.S. Supreme Court. Although his legal challenge was unsuccessful, it brought about addit ...
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