Reevaluating the Curt Flood Act of 1998

Nebraska Law Review, Vol. 87, pp. 747-758, 2009

12 Pages Posted: 5 Apr 2009  

Nathaniel Grow

University of Georgia - Department of Insurance, Legal Studies, Real Estate

Date Written: April 4, 2009

Abstract

This essay reconsiders the Curt Flood Act of 1998 - Congress' first and only legislation curtailing Major League Baseball's longstanding and unique exemption from federal antitrust law - a little over a decade after its passage. The essay argues that although commentators were extremely skeptical of the efficacy of the Act at its time of passage, the legislation has nevertheless impacted the sport of baseball by changing the tenor of labor negotiations between Major League Baseball and the Major League Baseball Players Association. By effectuating this change in labor relations, the essay concludes that the Curt Flood Act has helped to usher in baseball's longest sustained period of labor peace in nearly four decades.

Keywords: Sports law, Professional Baseball, Curt Flood Act, Antitrust, Labor law, Major League Baseball, MLB

JEL Classification: K21, K31, K39

Suggested Citation

Grow, Nathaniel, Reevaluating the Curt Flood Act of 1998 (April 4, 2009). Nebraska Law Review, Vol. 87, pp. 747-758, 2009. Available at SSRN: https://ssrn.com/abstract=1373063

Nathaniel Grow (Contact Author)

University of Georgia - Department of Insurance, Legal Studies, Real Estate ( email )

Athens, GA 30602-6254
United States

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