Use this link for the Flood v Kuhn case httpssupremejustiaco

Use this link for the Flood v. Kuhn case: https://supreme.justia.com/cases/federal/us/407/258/case.html

Read the Flood v. Kuhn decision [407 U.S. 258 (1972)1], wherein St. Louis Cardinals outfielder Curt Flood challenged Major League Baseball’s “reserve clause,” and answer the following questions:

1. Define/explain baseball’s reserve clause? How does the reserve clause prevent players from getting “fair market value” for their services? That is, how might the reserve clause be characterized as an “unreasonable restraint of trade in interstate commerce”?

2. Could the Supreme Court have ruled in favor of Mr. Flood and applied the principle of stare decisis at the same time?

Solution

Q1.

It was the contract of the sports which was played in North America. It was the part of the contract about some rights for the players which were held by the teams after the expiration of the agreements. The players are strictly under the agreement that they were not entitled to enter into another contract of any other teams.

The reserve clause basically restricts the completive tenders or offers which the players obtain for their services and it never prevents the small players of the market to go to big teams.


It prevents the players from landing up in the market as the law suggest the major agreement restrictions for the purpose of free doing business under the tenure of the contract.


Q2.

Yes, the court has ruled in favor and stare decisis applied.

Use this link for the Flood v. Kuhn case: https://supreme.justia.com/cases/federal/us/407/258/case.html Read the Flood v. Kuhn decision [407 U.S. 258 (1972)1],

Get Help Now

Submit a Take Down Notice

Tutor
Tutor: Dr Jack
Most rated tutor on our site