Federal Baseball Turns 100: The Long Legal Game of Athletes Gaining Economic Rights in the United States

22 Wake Forest J. Bus. & Intell. Prop. L. 314

The publication of this Article marks the one hundredth anniversary
of the unanimous decision handed down by the United States Supreme
Court in the matter of Federal Baseball Club of Baltimore, Inc. v.
National League of Professional Baseball Clubs by discussing the
disputes and decisions of the Court’s case trilogy on the business of
baseball: Federal Baseball, Toolson v. New York Yankees, and Flood
v. Kuhn. The main purposes of this Article are to defend the Court’s
decision in Federal Baseball and to repurpose the ire against Justice
Oliver Wendell Holmes, Jr. regarding his opinion in 1922 on the matter
to the 1953 Court, the Justices of which issued the 7-2 decision that
sided with the defendants in Toolson.