OPENING DAY
April 6, 2009
Its Opening Day 2009 of the Major League Baseball season, and its opening day for Sportslawtalk.com, the website devoted to all aspects of the field of Sports Law.
Sportslawtalk.com will be your source for
· Authoritative analyses of the latest developments in Sports Law
· Historical perspectives on the development of Sports Law
· A venue for those among us working toward a career in Sports Law to connect with educational institutions offering specialty courses at the highest levels
· A job board featuring internships and other employment opportunities in the field
· Sharing your views on ethics, contract negotiations, and anything else of importance to you as you pursue your interests in Sports Law
Leading Off:
Curt Flood v. Bowie Kuhn - A look at where we are forty years later
During the baseball off-season free agents such as C.C. Sabathia, Mark Teixiera, and A.J. Burnett all left their 2008 MLB teams and signed with the New York Yankees. (The Yankees dominance of the free agent market is a topic for another day.) Today the number of current players who have any appreciation of the sacrifice, courage, and selflessness of Curt Flood is up for debate. Jackie Robinson is immortalized in every baseball park for his heroic deeds dating back more than sixty years, but just how is Curt Flood to be viewed looking back from a perspective of almost forty years?Let’s go back to 1969 and quickly review the facts that led to arguably the biggest legal event of the last forty years in baseball. In October of 1969 the St. Louis Cardinals traded Curt Flood to the Philadelphia Phillies. For many reasons Flood had serious reservations about continuing his career in Philadelphia. Flood refused the trade to Philadelphia and his fight to eliminate baseball’s reserve clause began. The reserve clause bound players to the team they had signed their contract with even after the contract had expired.
After consulting with Marvin Miller of the player’s union, Flood wrote Baseball commissioner Bowie Kuhn the following:
December 24, 1969
"After twelve years in the major leagues, I do not feel I am a piece of property to be bought and sold irrespective of my wishes. I believe that any system which produces that result violates my basic rights as a citizen and is inconsistent with the laws of the United States and of the several States.
It is my desire to play baseball in 1970, and I am capable of playing. I have received a contract offer from the Philadelphia club, but I believe I have the right to consider offers from other clubs before making any decision. I, therefore, request that you make known to all Major League clubs my feelings in this matter, and advise them of my availability for the 1970 season."
As expected, Bowie Kuhn dismissed Flood’s request, stating that the reserve clause was part of Flood’s player contract and a part of the very fabric of baseball. This set the stage for Flood v. Kuhn, and what would ultimately lead to the beginning of free agency for the players.
Next Up:
Play By Play Of Curt Flood v. Bowie Kuhn
The story continues tomorrow on the next blog.Sportslawtalk.com
Posted by sportslawtalk at 4/6/2009 5:58 PM 
Categories: Marvin Miller, the reserve clause, Curt Flood, Flood v. Kuhn, free agency
Categories: Marvin Miller, the reserve clause, Curt Flood, Flood v. Kuhn, free agency
Comments