Baseball law refers to the various civil statutes, local ordinances, and court decisions pertaining to the game of baseball and its institutions, as distinguished from the Rules of Baseball, which are a private codification of rules governing the internal workings of baseball games.
Both the early rules (which act as the laws of the game) and the legal cases surrounding the sport impact the way baseball is played to this day. Documentation of early baseball law exists but has been rarely studied. Nonetheless its presence in legal disputes and records indicate that it was an important part of American life before 1900. In fact, references to baseball are present in 168 legal cases decided before the turn of the twentieth century. [1]
In America's past, "blue" laws prohibited business from taking place on the Sabbath. This was an issue for baseball teams who were playing for spectators on Sundays. On April 30, 1891, Tim O'Rourk and 19 others were the subject of a criminal complaint that pertained to them playing baseball for an audience of about 3,000 in Lincoln Park the previous Sunday. The case of State v. O'Rourk ensued.
It was illegal at the time for anyone over age 14 "engage in sporting" on a Sunday. The penalty for which was "a fine of $20, incarceration for 20 days, or both." The accused argued that baseball did not fall under the category of "sport" and that they were remotely located enough so as not to have offended those observing the Sabbath. The presiding judge dismissed the case on those grounds. However, Chief Justice Maxwell of the Nebraska Supreme Court disagreed. [2]
This case showed that there was a growing class of people willing to depart from tradition and attend a baseball game on a Sunday. It also indicates that there were those who adamantly resisted such change.
"Free agency" did not exist as it does today in baseball until the 1970s. Instead, players were bound to their teams by something called the "reserve clause". John "Monte" Ward was the first to oppose this in November 1889. He was a star player for the National League's New York Giants, but was also an author and lawyer.
The "reserve" clause did not specify terms of contract, salary or agreements between player and teams. A judge ultimately ruled that with such fundamental questions left unanswered, the clause could not reasonably be enforced. [2]
This was the first case of many that ruled in favor of the individual player rather than the team. It allowed star players more choices and the ability to use competition to increase their value.
In 1913 a Missouri appeals court heard Crane v. Kansas City Baseball & Exhibition Co., a tort case where a spectator at a Kansas City Blues game who had been struck and injured by a foul ball alleged the team had been negligent. But since he had chosen to sit in an unprotected area of the park, even though tickets were general admission and seats were available behind the backstop, the court held for the team per the contributory negligence and assumption of risk doctrines. [3]
This holding was adopted by courts hearing similar cases in other states, and by the 1920s it had understood that as long as teams made enough protected seats available to meet reasonably anticipated demand, they had met their duty of reasonable care to spectators and could not be held liable for most foul ball injuries to them. Now known as the Baseball Rule, this holding remains good law in many states today, even after comparative negligence became the primary doctrine of tort law in most states. In the 21st century, it has come under increasing criticism as outdated both legally and in relation to baseball. [4]
Hispanic, black and white Americans have all played baseball since the sport began. In the early days of the sport, integrated teams were not uncommon, with players of color able to play alongside their white counterparts.
However, dating back to as early as 1867, the racism of the post-Civil War era crept into the national pastime. [5] Jim Crow laws were present from Reconstruction into the 1960s and in some instances applied directly to baseball, relegating black players to the Negro leagues while whites played in Major League Baseball. However, segregation in MLB began to end with the signing and debut of Jackie Robinson with the Brooklyn Dodgers in 1947.
Baseball is highly legalistic, as It is governed by an elaborate set of rules. At the professional level, a highly trained multi-judge panel of umpires must implement and interpret the rules. Offensive and defensive plays require rulings by the umpires These include when a pitch is thrown and when a ball is hit. These plays are legal rulings of the game and become part of the official record. Just like the American legal system, each umpire presides over a jurisdiction. The home plate umpire rules a fair or foul ball before it reaches a base. The first or third base umpire makes a call once the ball in play is beyond their bag. In the World Series, extra umpires are present on the field. This creates a mini-Supreme Court or superior court, which provides new pairs of eyes to scrutinize plays in the outfield. [6]
Innumerable American lawyers and judges have played baseball – amateur or professional – since the game coalesced in the 19th century. Perhaps the iconic legal publication regarding baseball is the article "The Common Law Origins of the Infield Fly Rule", written by Philadelphia attorney William S. Stevens and published in the University of Pennsylvania Law Review in 1975. [7]
Five of Major League Baseball's ten Commissioners of Baseball have been lawyers:
Name | Lifetime | Law School |
---|---|---|
Kenesaw Mountain Landis | 1866–1944 | Northwestern University Pritzker School of Law |
Happy Chandler | 1898–1991 | University of Kentucky College of Law |
Bowie Kuhn | 1926–2007 | University of Virginia School of Law |
Fay Vincent | 1938– | Yale Law School |
Rob Manfred | 1958– | Harvard University Law School |
Major league managers who are known to have attended law school:
Name | Lifetime | Law School |
---|---|---|
Jim O'Rourke | 1850–1919 | Yale Law School |
John Montgomery Ward | 1860–1925 | Columbia University Law School |
Hughie Jennings | 1869–1928 | Cornell University Law School |
Jack Hendricks | 1875–1943 | Northwestern University Law School |
Miller Huggins | 1878–1929 | University of Cincinnati College of Law |
Branch Rickey | 1881–1965 | University of Michigan Law School |
Muddy Ruel | 1896–1963 | Washington University School of Law |
Tony La Russa | 1944– | Florida State University College of Law |
MLB players who practiced law after their playing careers:
Name | Lifetime |
---|---|
Robert Murray Gibson | 1869–1949 |
Dave Fultz | 1875–1959 |
Fred H. Brown | 1879–1955 |
Moe Berg | 1902–1972 |
In baseball, a home run, homerun or homer is scored when the ball is hit in such a way that the batter is able to circle the bases and reach home plate safely in one play without any errors being committed by the defensive team. A home run is usually achieved by hitting the ball over the outfield fence between the foul poles without the ball touching the field.
In baseball, the strike zone is the area of space through which a pitch must pass in order to be called a strike even if the batter does not swing. The strike zone is defined as the volume of space above home plate and between the batter's knees and the midpoint of their torso. Whether a pitch passes through the zone is decided by an umpire, who is generally positioned behind the catcher.
Softball is a popular variation of baseball, the difference being that it is played with a larger ball, on a smaller field, and with only underhand pitches permitted. Softball is played competitively at club levels, the college level, and the professional level. The game was first created in 1887 in Chicago by George Hancock.
The infield fly rule is a rule of baseball and softball that treats certain fly balls as though caught, before the ball is caught, even if the infielder fails to catch it or drops it on purpose. The umpire's declaration of an infield fly means that the batter is out regardless of whether the ball is caught. The rule exists solely to prevent the defense from executing a double play or triple play by deliberately failing to catch a ball that an infielder could catch with ordinary effort.
Dead ball is a term in many ball sports in which the ball is deemed temporarily not playable, and no movement may be made with it. Depending on the sport, this event may be quite routine, or more uncommon.
In baseball, a foul ball is a batted ball that:
Throughout baseball's history, the rules have frequently changed as the game continues to evolve. A few typical rules most professional leagues have in common are that four balls are a base on balls, three strikes are a strikeout, and three outs end a half-inning.
In baseball, interference occurs in situations in which a person illegally changes the course of play from what is expected. Interference might be committed by players on the offense, players not currently in the game, catchers, umpires, or spectators. Each type of interference is covered differently by the rules.
In the sports of baseball and softball, a batted ball is a pitch that has been contacted by the batter's bat. Batted balls are either fair or foul, and can be characterized as a fly ball, pop-up, line drive, or ground ball. In baseball, a foul ball counts as a strike against the batter, unless there are already two strikes on the batter, with special rules applying to foul tips and foul bunts. Fly balls are those hit in an arcing manner, with pop-ups being a subset of fly balls that do not travel far. Line drives are batted balls hit on a straight line trajectory, while ground balls are hit at a low trajectory, contact the ground shortly after being hit, and then either roll or bounce. Batted balls, especially line drives, can present a hazard to players, umpires, and spectators, as people have been seriously injured or killed after being struck by batted balls.
The New York Knickerbockers were one of the first organized baseball teams which played under a set of rules similar to the game today. Founded as the Knickerbocker Base Ball Club by Alexander Cartwright in 1845, the team remained active until the early 1870s.
Instant replay or action replay is a video reproduction of something that recently occurred, both shot and broadcast live.
The rules of basketball are the rules and regulations that govern the play, officiating, equipment and procedures of basketball. While many of the basic rules are uniform throughout the world, variations do exist. Most leagues or governing bodies in North America, the most important of which are the National Basketball Association and NCAA, formulate their own rules. In addition, the Technical Commission of the International Basketball Federation (FIBA) determines rules for international play; most leagues outside North America use the complete FIBA ruleset.
In sports, an ejection is the removal of a participant from a contest due to a violation of the sport's rules. The exact violations that lead to an ejection vary depending upon the sport, but common causes for ejection include unsportsmanlike conduct, violent acts against another participant that are beyond the sport's generally accepted standards for such acts, abuse against officials, violations of the sport's rules that the contest official deems to be egregious, or the use of an illegal substance to better a player's game. Most sports have provisions that allow players to be ejected, and many allow for the ejection of coaches, managers, or other non-playing personnel. In sports that use penalty cards, a red card is often used to signal dismissals. In some sports, another player is permitted to enter the game in place of the player who has been ejected, but in others the team is required to continue the game with a reduced number of players.
Paul Finkelman is an American legal historian. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of Gratz College, Melrose Park, Pennsylvania.
Delay of game is an action in a sports game in which a player or team deliberately stalls the game, usually with the intention of using the delay to its advantage. In some sports, the delay of game is considered an infraction if it is longer than that permitted according to the game's rules, in which case a penalty can be issued. Some sports that have a delay of game penalty are American football, Canadian football, ice hockey and association football.
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.
Toolson v. New York Yankees, 346 U.S. 356 (1953), is a United States Supreme Court case in which the Court upheld, 7–2, the antitrust exemption first granted to Major League Baseball (MLB) three decades earlier in Federal Baseball Club v. National League. It was also the first challenge to the reserve clause which prevented free agency, and one of the first cases heard and decided by the Warren Court.
In sports, out of bounds refers to being outside the playing boundaries of the field. The legality of going out of bounds, and the ease of prevention, vary by sport. Sports that use this term include American football, Canadian football, field lacrosse, basketball, rugby union, rugby league, and association football.
"The Common Law Origins of the Infield Fly Rule" is the title of an article by William S. Stevens published in 1975 in the University of Pennsylvania Law Review analyzing the infield fly rule. The brief eight-page article has vastly surpassed its modest original context, having been cited in federal and state judicial opinions and more than 100 works of legal literature. It has been included in a number of anthologies of baseball law, and prompted copycat and parody articles. The New York Times called the article "one of the most celebrated and imitated analyses in American legal history".
In American tort law, the Baseball Rule is an exculpatory clause applicable to baseball games with spectators; it holds that a baseball team or its sponsoring organization cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas where foul balls are most likely to cause injuries. This is considered within the standard of reasonable care that teams owe to spectators, although in recent decades it has more often been characterized as a limited- or no-duty rule, and applied to ice hockey and golf as well. It is largely a matter of case law in state courts, although four states have codified it.