New Law Review Article Explores Leagues’ Arguments in the 20th Century’s Biggest Cases

Sep 22, 2023

By Christopher R. Deubert, Senior Writer In January 1972, Major League Baseball (MLB) submitted a brief to the Supreme Court in opposition to the appeal by player Curt Flood challenging baseball’s reserve clause.  In that brief, MLB argued that the reserve clause, the system through which there was no free agency and clubs unilaterally decided player salaries, was essential to the public confidence in the game, and that without it, “baseball would certainly fail.” MLB won Flood, 40
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