{"id":601,"date":"2015-10-13T15:22:59","date_gmt":"2015-10-13T19:22:59","guid":{"rendered":"https:\/\/www2.law.temple.edu\/voices\/?p=601"},"modified":"2016-07-28T11:52:02","modified_gmt":"2016-07-28T15:52:02","slug":"major-league-baseball-law-review-and-forging-your-own-path","status":"publish","type":"post","link":"https:\/\/www2.law.temple.edu\/voices\/major-league-baseball-law-review-and-forging-your-own-path\/","title":{"rendered":"Major League Baseball, Law Review, and Forging Your Own Path"},"content":{"rendered":"

I have been searching for the intersection of sports and law since beginning law school in 2013. I\u2019ve always been fascinated by the legal, business, and transactional nature of professional sports, and I knew that to increase my opportunities after graduation, I needed to graduate from Temple with a marketable and tangible work product in that area. Fortunately, I found that opportunity during my second year as a member of The Temple Law Review<\/em>.<\/p>\n

All of Temple\u2019s academic journals have a unique scholarship component. Students are asked to explore and write an article on a novel or changing area of the law and establish a practical solution. I recognized that this would be an arduous task that would take significant time, effort, and energy. Therefore, I knew I had to research a topic that I was passionate about.<\/p>\n

My advisor, Professor Ken Jacobsen, helped me bounce around a few ideas. Our dialogue focused on the labor market in professional baseball\u2014an area of the law that was constantly litigated throughout the 20th<\/sup> century. Additionally, I knew I wanted to research the current trends and projections in the labor market in Major League Baseball (\u201cMLB\u201d) and come up with a creative solution to its flaws and inefficiencies.<\/p>\n

\n

“During my research, I realized that nearly a half-century since\u00a0free agency began, the current system of free agency is deeply flawed and still restraining trade.”<\/strong><\/em><\/p>\n<\/blockquote>\n

As I quickly realized, my research was difficult yet stimulating. Since the inception of professional baseball in the 1870s, I learned that team owners exercised absolute control over the players through the use of the notorious reserve clause. The reserve clause gave the owners the unilateral ability to renew a player\u2019s contract into the next season. In turn, players were powerless and unable to negotiate and bargain freely for the terms and conditions of their employment. As refuge, the players frequently challenged the reserve system through the legal system.<\/p>\n

The players\u2019 primary legal argument was that a monopoly existed in professional baseball, which violated federal antitrust laws. The Supreme Court, in three different decisions between 1922-72, found the players\u2019 argument unpersuasive.<\/p>\n

However, in the 1970s, through a determined campaign that involved litigation, collective bargaining, and, ultimately prevailing through arbitration, the players unionized and were able to bargain collectively for the terms and conditions of their employment.<\/p>\n

By establishing the MLB Players Association (MLBPA), the players eliminated the reserve system. This led to a remarkable period of salary gains and employee mobility. These employment benefits were established primarily through free agency. That system, which is still largely in place today, bounds MLB players to their original team for six years. After six years of service time, players have the ability to bargain freely and negotiate with every team for the terms and conditions of their employment\u2014most importantly their salary.<\/p>\n

During my research, I realized that nearly a half-century since\u00a0free agency began, the current system of free agency is deeply flawed and still<\/em> restraining trade. Even though the players collectively bargained for the current terms of free agency, the system is antiquated and in need of reform.<\/p>\n

\n

“As I near the end of my time at Temple law school, writing my comment was one of the most rewarding experiences of my academic life.”<\/em><\/strong><\/p>\n<\/blockquote>\n

Within the labor market today, free agents are consistently paid for their past as opposed to their future production. In effect, age is the essential issue with the labor market. Realizing the systems flaws, teams are increasingly unwilling to spend money on free agents because they are aware that players\u2019 performances have peaked.<\/p>\n

Faced with this conundrum, my solution is that the next collective bargaining agreement should start free agency earlier. By implementing a system that allows players to reach free agency after four years of service time, instead of six years, the owners would be encouraged to invest their money back into the labor market and give players a greater opportunity to choose their employer and bargain for their compensation.<\/p>\n

As I near the end of my time at Temple law school, writing my comment was one of the most rewarding experiences of my academic life. I had a special opportunity to engage with an enthusiast and knowledgeable Professor and spend a significant amount of time pursuing an area of the law that I love. Additionally, I\u2019m proud to say that my article will be published in the National Sports Lawyers Journal.<\/p>\n

Temple Law School fosters an environment where students can chose their own path and carve their own niche. As law students, we should all strive to find our passion and work it into our law school experience. For me, that was accomplished through law review. For others, the trial team or a student organization may be a better fit. The key is being proactive and getting involved.<\/p>\n","protected":false},"excerpt":{"rendered":"

I have been searching for the intersection of sports and law since beginning law school in 2013. I\u2019ve always been fascinated by the legal, business, and transactional nature of professional sports, and I knew that to increase my opportunities after graduation, I needed to graduate from Temple with a marketable and tangible work product in that area. Fortunately, I found that opportunity during my second year as a member of The Temple Law Review. All of Temple\u2019s academic journals have a unique scholarship component. Students are asked to explore and write an article on a novel or changing area of the law and establish a practical solution. I recognized that this would be an arduous task that would take significant time, effort, and energy. Therefore, I knew I had to research a topic that I was passionate about. My advisor, Professor Ken Jacobsen, helped me bounce around a few ideas. Our dialogue focused on the labor market in professional baseball\u2014an area of the law that was constantly litigated throughout the 20th century. Additionally, I knew …<\/p>\n","protected":false},"author":3,"featured_media":604,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,90],"tags":[128,127,126,129,130],"audience":[],"coauthors":[125],"class_list":["post-601","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-student-advice","category-student-commentary","tag-labor-markets","tag-law-review","tag-major-league-baseball","tag-mlb","tag-temple-law-review"],"yoast_head":"\r\nMajor League Baseball, Law Review, and Forging Your Own Path - Voices at Temple<\/title>\r\n<meta name=\"description\" content=\"I've been searching for the intersection of sports and law since beginning law school. 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