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Abstract:
Maple baseball bats have become extremely popular among players throughout Major League Baseball (MLB). But maple bats continue to be a safety hazard because they break, injuring players, fans, and umpires. This comment explains the antitrust implications of an MLB rule that may restrict or qualify the use of maple bats to address the recent safety concerns. Any such restriction of the popular sports equipment may cause bat manufacturers, and perhaps players, to initiate an antitrust suit against MLB for an unfair restraint of trade. The comment’s analysis contemplates two judicially-created antitrust exemptions – the baseball exemption and the nonstatutory labor exemption – that almost entirely absolve MLB of liability for instituting a league rule even if the rule affects economic competition. The comment proposes that courts can interpret the exemptions narrowly to render them inapplicable, thereby reaching the merits to conduct a "rule of reason" analysis. The comment concludes that, even if a court finds the two antitrust exemptions inapplicable, the rule of reason and judicial deference to sports leagues will allow MLB to freely promulgate an equipment restriction instituted primarily for safety reasons–regardless of the effect on economic competition.
antitrust, law, sports, Major League Baseball, MLB, sports equipment, maple baseball bats, rule of reason, baseball exemption, labor exemption, Sherman Act, restraint of trade, competition
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Abstract:
Energy production will likely remain dependent on coal in the future, especially in the United States and Pennsylvania where the resource is abundant. But renewable energy efforts may diminish the reliance on coal, especially with an increased focus on climate change and cries to “phase-out” fossil fuels. This paper details Pennsylvania's incentive-based alternative energy legislation and grant programs that are geared to economic considerations and catering to the coal industry, yet have sparked a local response that is creating renewable energy opportunities in the most unlikely of places: the Anthracite Coal Region. Financial incentives from Pennsylvania's legislation have been welcomed with open arms in the Anthracite Region, where the coal industry and renewable energy have developed a unique relationship. Overall, Pennsylvania’s focus on coal and the co-benefits of land remediation and job creation may renew the economically depressed and environmentally ravaged Anthracite Region. Pennsylvania’s state and local renewable energy efforts can serve as a model to improve the economy and combat climate change, but legislation in the future must also focus on reducing the impact of our continued reliance on coal.
Coal, renewable energy, anthracite, Pennsylvania, climate change, Alternative Energy Portfolio Standards Act, Alternative Energy Investment Act
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