Baseball and Antitrust Laws Essay Example for Free

Baseball and Antitrust Laws Essay Any commerce with operations spanning state boundaries, thus undertaking interstate trade, is governed by antitrust laws. Efforts at monopolizing and controlling trade could be regarded unlawful by national circuit courts as per the Clayton and Sherman Acts. Baseball has always been immune from such antitrust regulations from 1922, upon the Supreme Court’s verdict made baseball winner in Federal Baseball Club of Baltimore, Inc. v. National Baseball Clubs. It was determined that although planning of sports was done across State boundaries, such games constituted intrastate occasions since movement from state to state was not essential (Falk, 1994). The antirust immunity bars MLB from being legally challenged because of national antirust braches. Unless such immunity is removed by Congress, baseball proprietors make whatever decisions they wish because no antirust-related legal proceedings can be instituted against them. Whenever the proprietors attempt to modify baseball, the MLBPA quickly comes in to claim that they were not consulted (Bendix, 2008). Despite the fact that proprietors may do whatever they wish disregarding antitrust regulations, nothing which breaches the Collective Bargaining Agreement (CBA) can be done. Such agreement requires that almost each dispute be mediated, like it is done with numerous labor deals. If the antirust immunity of baseball was cancelled, would this mean the changing of baseball? This is unlikely since the same regulations that govern NHL, NFL, and NBA would continue to govern baseball. The USA at the moment has antitrust regulations meant to bar businesses from controlling specific markets. Nevertheless, US baseball market has been monopolized by key league baseball for ages, thus preventing upcoming players from actually gaining footage. The US Supreme Court has defended Major League Baseball’s (MLB) liberty to monopolize in a number of instances. MLB remains the sole US monopoly in numerous ways, and has remained so from its beginning. Upon the 1903 merger of the National League (NL) with the American League (AL), such partnership immediately proved successful. Such success was surely bound to invite imitation. Therefore a different baseball league almost immediately demonstrated willingness to challenge the NL/AL monopoly. The Federal League began as an insignificant league; however, it espoused key intentions (Anderson, 2002). By 1914, numerous individuals regarded such Federal League to be a main league; the league itself desired to officially confirm this. The Federal League (FL) took legal action against Major League Baseball on 5th January 1915 for disrupting their efforts at hiring players who were between agreements that is, not governed by the Reserve Clause, from the American National League, citing national antitrust law. The case was heard by Kennesaw Mountain Landhis, reputed for his firm observance of the law. However, Ladhis was as well a big fan of Chicago Cubs. He knew that the Federal League’s case was a justifiable one, however, his favorite team, the Cubs, would suffer if FL won the case, and thus Ladhis kept such case under advisement as opposed to immediately issuing a verdict. The FL’s 19156 collapse made everyone happy. The Baltimore Federal League license proprietors tried to buy out a team of the Major League (ML) only to be rejected. They subsequently attempted to purchase a franchise of the International league; they were once more rejected. The proprietor of White Sox, Chalets Chomsky, offended Baltimore city by saying that the metropolis constituted a bad and insignificant league. Charles Ebbets, the proprietor of Dodgers, added to the insult by stating that the metropolis was among the worst insignificant league metropolis because of having excess colored people. The perspective proprietors then took legal action against ML baseball, alleging a scheme to tear down the FL. In April 1919, a law court declared the Baltimore proprietors the winners of the suit, thus awarding them damages worth $240,000. An appeal was instituted in 1920, with the appeal ruling being made in 1921 (Barra, 2003). The 1921 ruling nullified the decision of the junior court and declared that baseball did not constitute the type of trade national law ought to standardize. The US Supreme Court endorsed such a ruling on May 22nd 1922, thus strengthening baseball’s antitrust immunity. In the Federal Baseball Club v. National League, the Supreme Court gave the verdict that ML baseball remained immune from the Sherman Antitrust Act provisions. Following the 1915 folding of the FL, majority of the FL proprietors were purchased by proprietors within the other MLs, or had received compensation in other modes. For instance, St. Louis FL owner was authorized to purchase the St Louis Browns. Baltimore Federal League club owner did not get this authorization and hence he took legal action against the American league, National League, as well as additional defendants, such as a number of FL officials. The suit alleged a plot to dominate baseball through demolishing the FL (Rovell, 2001). The listed defendants were declared jointly answerable, with $80,000 worth of damages assessed. The figure was tripled to total $240,000 as per the Clayton Antitrust Act provisions. Such immunity, as well as the monopoly of MLB, was unchallenged up to 1972. Curt Flood took legal action against baseball following his sale to Philadelphia Phillies from the Saint Louis Cardinals following 1969’s season. Such a case ultimately reached the Supreme Court, where the initial decision was endorsed with Congress left to rectify the inconsistency. Despite the fact that Flood did not win the case, he set the precedence for wage negotiation, and immediately afterwards, free action. At the moment free agency survives, however such antitrust immunity is as well law. Baseball was not to be awarded antitrust immunity if the Baltimore League squad owners had been reimbursed after the league was disbanded. All other squad’s proprietors were compensated with the exception of Baltimore, thus prompting their filing of the initial antitrust lawsuit. Such immunity is suspect, and several observers are convinced that it may once more be upheld in a law court. Nevertheless, from the Flood case of 1972, no any one case has been even close to being heard at the Supreme Court (Barra, 2006). In addition MLB’s domination has not been challenged by any league since the 1950s unsuccessful Continental League. The National Federal League has been engrossed in majority of the major antitrust court cases, such as, its lawsuits against the US Football League. Such cases have demonstrated that antitrust lawsuits are not essentially fatal. Despite that fact that the NFL lost the two cases, numerous lawsuits have been previously won by sports leagues. In antitrust lawsuits, such leagues have to demonstrate that they did not breach antitrust regulations through demonstrating that their activities generally, served to promote contest more as opposed to inhibiting it. Despite the fact that Al Davis legally defeated the NFL, the NFL could as well have emerged victorious if it possessed an unambiguous guidelines and adhered to them rather than acting because they particularly disliked Al Davis (Bartree, 2005). In addition, despite the fact that USFL legally beat NFL, a mere $3 worth of damages was awarded. If the US Congress completely revokes the antirust immunity of baseball, some interesting enduring consequences could result. Firstly, the key leagues are to be affected. Insignificant-league baseball t the moment relies on the ongoing presence of the Reserve Clause , which permits major-league teams to legally control players even following the expiry of the players’ contracts. Such Reserve Clause permits the existence of deep insignificant-league structures within baseball by permitting such teams to control numerous players not in their key-league rosters. NBA and NFL do not have any minor-league structures. Hockey has insignificant-league squads; however, such are mediated into the joint bargaining of hockey with the players. The Reserve Clause is likely to be legally challenged if the antitrust immunity of baseball is lost. In case such clause is determined to breach antitrust regulations, baseball squads could be forced surrender the legal claims to a number of or even every of their insignificant-league players. With no interest to develop the team members whom they formerly controlled, big-league squads would be less motivated to offer support to their insignificant-league partners through subsidizing their activities (Blum, 2001). This has thus made insignificant leagues lobby Congress to uphold the antitrust immunity of baseball. Without such immunity insignificant leagues would be forced to modify their activities, to become more similar to free insignificant early 1900s leagues rather than be under MLB. Proprietors would have no power regarding discussing with team members due to lack of legal standing to possess a Reserve Clause. When squads have no rights over team members, there will be less willingness to recruit high school players and accord them 4 or 5 development years, particularly if they are forced to dwell much on major league rosters. This could imply a major impetus fro baseball in colleges, and perhaps also for global baseball leagues (Rovell, 2001). Such would form the major MLB’s propagation ground as has been for basketball and football. If the antitrust immunity is revoked, franchise transfer, and particularly contraction, would from the greatest challenge. Close to thirty years have elapsed since a single baseball squad relocated from one metropolis to the other. Since that time, the other 3 games have progressed since the antitrust immunity grants baseball proprietors extra authority to bar squads from relocating than the proprietors have within other games. Such authority was especially apparent in 1992 at the time when the Tampa/St. Petersburg Vince Piazza’s group wanted to purchase the Giants from Bob Lurie at $115 million. The proprietors declined to allow such sale, and then compelled Lurie to accept $100 million from Peter Mogowan for the squad. Piazza instituted legal proceedings against MLB, actually winning the initial round of the case. The court stated that the antitrust immunity did not cover relocations (Belth, 2001). However, the Curt Flood Act currently holds that immunity does touch on relocations. Absence of antitrust immunity makes it hard to bar teams from relocating by the MLB. Attempts to block relocations would surely be met with lawsuits instituted by the cities or teams that were attempting to relocate. Baseball would be tasked with the responsibility to demonstrating that barring such relocation would benefit contest, plus that the resolution was founded on unambiguous guidelines. If Congress repealed the immunity, the contraction war would most likely not be based on Twin’s release and labor deals. Contraction challengers would posit that the proprietors were attempting to get rid of 2 competitors so as to raise profits; this is a typical antitrust breach (Falk, 1994). The proprietors would be forced to defend such relocation arguing that they were enhancing competition within the game. It is difficult to determine whether America or baseball would benefit if the antitrust immunity of baseball is revoked. Attorneys would surely benefit owing to increased lawsuits. The proprietors would benefit since the MLB has previously won against attempts to revoke the immunity and Congress always takes it time. References Anderson, P. (2002). Recent major league baseball contraction cases. Retrieved august 4th 2009, from http://law. marquette. edu/cgi-bin/site. pl? 2130pageID=474 Barra, A. (2003). Policy debate: Should the antitrust exemption be eliminated? Retrieved august 4th 2009, from http://swcollege. com/bef/policy_debates/baseball. html Barra, A. (2006). Policy debate: Should the antitrust exemption be eliminated? Retrieved august 4th 2009, from http://www. swlearning. com/economics/policy_debates/baseball. html Bartree, H. (2005). The role of antirust laws in the professional sports industry from a financial perspective. Retrieved august 4th 2009, from http://www. thesportjournal. org/article/role-antitrust-laws-professional-sports-industry-financial-perspective Belth, A. (November 26th 2001). Ending baseballs antitrust exemption. Retrieved august 4th 2009, from http://courses. cit. cornell. edu/econ352jpw/readme/Baseball%20Prospectus%20-%20Ending%20Baseball%27s%20Antitrust%20Exemption. htm Bendix, P. (December 3rd 2008). The history of baseball’s antitrust exemption. Retrieved august 4th 2009, from http://www. beyondtheboxscore. com/2008/12/3/678134/the-history-of-baseball-s Blum, R. (June 12th 2001). Why is the antitrust exemption important? Retrieved august 4th 2009, from http://www. usatoday. com/sports/baseball/stories/2001-12-05-antitrust-explanation. htm

The Symbolism of the Stone Angel by Margaret Laurence Essay -- Stone A

The Symbolism of the Stone Angel by Margaret Laurence Margaret Laurence's novel, The Stone Angel is a compelling journey of flashbacks seen through the eyes of Hagar Shipley, a ninety year-old woman nearing the end of her life.   In the novel, Margaret Laurence, uses the stone angel to effectively symbolize fictional characters.     The term symbolism in its broadest sense means the use of an object to stand for something other than itself.   In The Stone Angel, Margaret Laurence uses the stone angel to sybmolize the Currie family values and pride and in particular, the pride and cold personality traits of Hagar Shipley.   There are three primary areas where the stone angel is used to symbolize characters in the novel.   They are: the Currie family pride as a symbol of egoism and materialism, Hagar's lack of compassion for her family and friends as symbolized by a heart of stone, and Hagar's blindness to the feelings and needs of the others as symbolized by the blindness of the angel.     The stone angel is symbolic of the Currie family pride and values.   The stone angel memorial is purchased and brought from Italy by Jason Currie at great expense and placed at the grave site of his wife, in the Manawaka cemetery.   The stone angel is the largest and most expensive memorial in the cemetery.   Although the stone angel is intended to be a memorial for Mrs. Currie, it was not really suitable because Hagar describes her as being meek and a feeble ghost.   The angel is not intended for Mrs. Currie, but in fact, represents the materialistic and egotistical values that characterizes Jason and later, Hagar.   Jason purchases the stone angel in pride and not in grief over the death of this wife: "bought in pride to mark her bones and ... ...from her point of view and is blind to the needs and aspirations of others.   She can only see things from her side of the fence and cannot see how others view the world from the other side.   She is a blind as the stone statue. Although the Currie?s family pride is symbolized repeatedly by the stone angel throughout the novel, it is Hagar who is best symbolized the stone angel.   The angel aptly symbolizes the blindness, hardness, and lack of feelings that are characteristics Hagar displays during her life.   In retrospect, Hagar is the stone angel. Works Cited and Consulted Blewett, D.. "The Unity of the Manawaka Cycle." The World of the Novel: A Student's Guide to Margaret Laurence's The Stone Angel. Ed. Lillian Perigoe and Beverly Copping. Scarborough: Prentice Hall Inc., 1983. Laurence, Margaret. The Stone Angel. Toronto: McClelland &Stewart Inc., 1988.

Cultural anthropology Essay

Cultural anthropology is one of the most important fields of anthropology that explores cultural variation among people and promotes culture as a meaningful scientific concept. The aim of this paper is to explore the key concepts, such as subsistence practices, economic systems, issues w/social stratification, marriage practices, kinship and marital residence, political life, religion and arts, and issues w/globalization or the environment, taking, as a case in point, African culture. Subsistence Practices In 1930s the researchers developed a better classification based on peculiarities of the subsistence practices (the methods and sources used by society to get the food and other necessary things in order to survive). This classification, being based on economic differences, was much more effective, as far as a culture is â€Å"directly related to its economy† (O’Neil, 2006). In such a way, the world cultures were divided into four types according to the subsistence practices: foraging (gathering wild plants and hunting), pastoralism (herding domesticated animals), horticulture (low intensity farming), and intensive agriculture (large scale farming). Intensive agriculture is the primary subsistence practice of such large-scale, populous society like Africa. Moreover, three fifth African citizens are subsistence farmers. Africa has a well-developed agricultural sector that provides for the most domestic needs. In addition, the country exports wool, corn, tobacco, peanuts, sugar, and other important farm products. Economic System Different types of culture have different economic systems, not only in terms of the scale (e. g. isolated, small-scale economies vs. large-scale economies), but also in terms of their systems of production (the subsistence practices), distribution and exchange. African economic system consists of industry, trade and resources of the nations of African countries. Africa is considered to be the poorest inhabited continent in the world. Its poverty is partially rooted in its history due to uncertain transition from colonialism. Being the country with poor economy, Africa has no complex market exchange system. African agricultural sector employs approximately sixty per cent of the country’s inhabitants. The most important exports are petroleum and minerals. Investment and banking is very problematic due to the country’s uncertain economy. Issues w/social stratification People are social human beings; and, having a need in social contact they live in isolation quite rarely. Social institutions and social groups have their own specific functions, which may overlap and are interconnected in multiple complex ways. Manifest functions are obvious, while latent functions are more difficult to discover and are less apparent. In all social groups people have a social status and a certain role to fulfill. Status is a â€Å"relative social position within a group† (O’Neil, 2006), while a social role is â€Å"the part our society expects us to play in a given status† (O’Neil, 2006). Alike other countries, Africans achieve statuses in two basic ways: the achieved social status is one the person acquires by doing something, whereas the ascribed status is the â€Å"result of being born into a particular family or being born male or female† (O’Neil, 2006) (e. g. some casts in African indigenous tribes). Social groups in Africa are organized on a basis of age, gender, common interest (e. g. avocation (fraternal organizations), vocation (trade unions), common residence (neighborhood organizations), religious belonging (membership in a certain church), past experience (veterans clubs), political beliefs (political parties), to mention a few. Marriage practices Marriage is â€Å"the socially recognized union of two or more people† (O’Neil, 2006), which functions as a glue in the organization of society. It is generally referred to as an efficient way to regulate heterosexual intercourse by determining â€Å"who is socially accepted as a sexual partner and who is not† (O’Neil, 2006). After the marriage, all other people, except of the souse, are treated as off limits for sexual access. Different societies have different views on sexual access restrictions, and, therefore, have different marriage practices. For example, in Africa marriage partner selection to a great extent depends on complex rules, which vary significantly from region to region. In addition, the concepts of beauty are also considerably different in different cultures (e. g. African countries consider large and pump bodies to be attractive, while European countries prefer slim women). Ttraditionally, African marriage is a kind of alliance between the kin groups. As well as in other countries, marriage partner selection restrictions in Africa imply two basic categories: exogamy and endogamy rules. Exogamy rules insist that marriage should occur outside of a certain social group (e. g. family) (in other words, exogamy explains who the person cannot marry), while endogamy rules require that the marriage should be â€Å"within some larger group, such as the local community† (O’Neil, 2006) (in other words, endogamy explains who the person is recommended to marry). For example, in Zambia a woman is not allowed to seek for marriage (it is a taboo). Pre-colonial marriage in Africa was a kind of transaction between the two kin groups, where the bridewealth was paid to the bride’s family. During the period of colonialism polygyny (the marriage of more than one spouse at a time) was a common practice. Nowadays, the vast majority of African countries have serial monogamy (a â€Å"marriage to multiple spouses but only one at a time†) (O’Neil, 2006) Kinship Kin groups are very important part of African culture. Kinship is a culturally determined relationship between the people who are â€Å"commonly thought of as having family ties† (O’Neil, 2006). African culture uses kinship to classify people and to form social groups. Yet, as with other cultural practices, kinship patterns and rules are different for different types of country’s region. African kinship is â€Å"the most important social organizing principle along with gender and age† (O’Neil, 2006), because it â€Å"provides a means for transmitting skills and property from generation to generation† (O’Neil, 2006). No wonder that inheritance rights are predominantly based on kinship ties. Marital Residence Alike the vast majority of societies, African newly married couples rarely establish their own residence. Instead, they generally become a part of compound household occupied by relatives or a part of existing household. There are several types of residence in Africa: Patrilocal residence (when a couple establishes their home not far from or in the groom’s father’s house). It is the most common type of marital residence followed by the vast majority of African population; Matrilocal residence (when a newly married couple establishes their home not far from or in the bride’s mother’s house); Avunculocal residence (a couple establishes their home not far from or in the groom’s maternal uncle’s house); Ambilocal residence (when a newly married couple establishes their home not far from or in the bride’s or groom’s house); Neolocal residence (when a newly married couple establishes their home independent of both sets of relatives). Other types of marital residence (e. g. virilocal, uxorilocal, and natolocal) occur very rarely in African culture. Political life Alike all other countries, Africa has some sort of political system, because the politics is a â€Å"competition for power over people and things† (O’Neil, 2006). The simplest type of political systems can be presented in bands and tribes (in Ancient Africa and some modern African indigenous tribes). These kinds of societies are acephalous (Greek – without a head) (with no leader in the sense we commonly expect) (O’Neil, 2006). Tribes are a little bit more complicated system, compared to the band. Nowadays, modern Africa has plenty of political structures organized into bureaucracies of positions. Each of them has different levels of power, responsibility and authority. African Union (AU) consists of all Africa’s states except Morocco. African Union has a parliamentary government (the AU Government) and consists of judicial, legislative and executive organs. It is headed by the Head of State and the AU President Gertrude Ibengwe Mongella. Religion Generally, religion is a system of beliefs that usually involves the worship of supernatural beings and/ or forces. Religion plays an important role in African culture, as far as it introduces a kind of order â€Å"in what might otherwise be seen as a chaotic existence† (O’Neil, 2006) and provides the meaning and understanding for inexplicable things and events. African religious people define religious beliefs as the core of their world views. Sub-Saharan African traditional religion revolves around ancestor worship and animism. Indigenous African religion divides the ancestor spirits into two categories: helpful and harmful and involves the performance of rituals (a stylized and repetitive act that occurs at a set time and location and involves the use of symbolic words, objects and actions). African religion has psychological and social functions. It helps people confronting and explaining death, fears, and anxiety about the unknown and supernatural. They can â€Å"provide a basis for common purpose and values that can help maintain social solidarity† (O’Neil, 2006). In addition, there are many other religions in Africa, such as Islam, Christianity, Judaism, Buddhism, to mention a few. According to Encyclopedia Britannica, about 46. 5% of all Africans are Christians and another 40. 5% are Muslims with about 11. 8% of Africans following indigenous African religions. African Art African culture enjoys a rich tradition of crafts and arts, such as brass, leather art works, woodcarvings, paintings, sculpture, pottery, religious and ceremonial headgear and dress, to mention a few. As far as Africans devote much attention to personal appearance, jewelry is the most important personal accessory. Traditionally, Africans make jewelry from cowry shells. The art of making masks is one of the most important aspects of African culture. There are several themes widely used in African art and craft. Couple theme is one of the most interesting, because, unlike in European cultures, the couple theme rarely expresses the intimacy between man and woman. Instead, the couples are most likely to represent married couple, ancestors, twins, and community founders, etc. Mother’s or woman’s theme is the second most important theme in African art. It embodies the woman’s desire to have a child, and may symbolize mother earth. The depiction of the man with the weapon or depiction of animals traditionally symbolizes power and honor. Issues w/globalization or the environment Africa is the country solely dependent on rains, global warming may cause devastating effect on the country by worsening the food supply and, consequently, exacerbating the widespread poverty in the entire African continent. Moreover, it is assumed that the reality of globalization for African continent is dramatically environmentally destructive and the human influenced environmental catastrophe in Africa is worsened by the impact of globalization that may result in further devastation of the continent. References O’Neil, D. D. (2006, November 30). Cultural Anthropology. Retrieved May 24, 2007, from http://anthro. palomar. edu/tutorials/cultural. htm

Mathematics Is A Core Subject For Children - 1941 Words

Mathematics is a core subject for children to study in school. It is a subject where the skills that you acquire will equip you for the rest of your life. In maths there are many different areas of the curriculum and teachers across the country use different methods to teach. However these methods would not be as effective if the teachers did not have a good experience of teaching mathematics and being confident with the subject knowledge. It is also important to have a positive attitude towards mathematics and high expectations for your children if they are to succeed. In today’s society it is rare to find an adult that has a love for maths. The common opinion is that maths is hard and difficult. How did people come to despise the subject? Could it be a bad school experience? The attitude of the teacher is crucial for children’s achievement and enjoyment of the subject. 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