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Never Been Done by Mark Anthony Given

             Law is reason, free from passion. #ARISTOTLE

               I READ One-hundred and twenty volumes of United States Supreme Court decisions while in federal prison because I thought it was the most efficient use of my time.  I was back on a parole violation for smoking pot and knew I had exactly fourteen months.  Got the job a Head Inmate Law Clerk right off the bus, put people in charge of everything and read this death penalty case where the lawyer was placed on the stand against a charge of Ineffective Assistance of Counsel.  He said under oath he had only read two (2) Supreme court cases while in law school.  I thought to my self:  If I read ten cases does that me make more knowledgeable of the law than a real lawyer?  Your damn right it does!
               I'LL BET YOU there are lawyers who have read ten (10) SCOTUS decisions but, how many have read a hundred cases?  How about One Hundred Volumes (100)? It's never been done.....until now.. The following is a short description of the cases that blew my mind..
              REMEMBER them adjustable light poles with three or four lights on it? Major patent dispute. Intermittent Windshield Wipers? Twenty years of litigation... I spent weeks on Bartkus v Illinois alone. It was my first big important case and the complexity of Sovereignty, federalism. double jeopardy, prosecutorial misconduct and Justice Black nearly walked off the bench like Justice Thomas did in Payne v. Tennessee (Victim Impact Statement), made me question early on if I had the Right Stuff i.e, Intelligence to complete this quest....

Bartkus v. Illinois, 359 U.S. 121 (1959) Petitioner was tried and acquitted in a Federal District Court for violation of 18 U.S.C. § 2113, which makes it a crime to rob a federally insured bank. On substantially the same evidence, he was later tried and convicted in an Illinois State Court for violation of an Illinois robbery statute.
1. The cooperation of federal law enforcement officers with Illinois officials did not
violate the Double Jeopardy Clause of the Fifth Amendment.
2. The Fourteenth Amendment does not impliedly extend the first eight amendments
to the States.
3. The Illinois prosecution for violation of its own penal law after a prior acquittal for
a federal offense, on substantially the same evidence, did not violate the Due Process
Clause of the Fourteenth Amendment.

LAWS CONTROL the lesser man, right conduct controls the greater one. #MARKTWAIN

I READ ONE HUNDRED AND twenty volumes of United States Supreme court cases because I thought it was the most efficient use of my time doing five years in federal prison for bank fraud back in the 1980's. To be a great writer you have to read great writers and while legal writing is not exactly classic literature, occasionally a work of art emerges and this case is one of them. In one of the histories of the United States Supreme Court I read that the Justices drew straws to decide who would write the opinion for the high court. One of the two biggest baseball fanatics won, Justice Harold Blackmun and Justice Potter Stewart shared an obsessive following of baseball. In one oral argument on October 10, 1973, Stewart passed Blackmun a note that read, "V.P. AGNEW JUST RESIGNED!! METS 2 REDS 0." If you love baseball you will love this case.

 PEOPLE ASK ME what I do in winter when there's no baseball. I'll tell you what I do. I stare out the window and wait for spring. #RogersHornsby

Mr. Justice BLACKMUN delivered the opinion of the Court.

For the third time in 50 years the Court is asked specifically to rule that professional baseball's reserve system is within the reach of the federal antitrust laws.1 Collateral issues of state law and of federal labor policy are also advanced.
* The Game
         It is a century and a quarter since the New York Nine defeated the Knickerbockers 23 to 1 on Hoboken's Elysian Fields June 19, 1846, with Alexander Jay Cartwright as the instigator and the umpire. The teams were amateur, but the contest marked a significant date in baseball's beginnings. That early game led ultimately to the development of professional baseball and its tightly organized structure.
        The Cincinnati Red Stockings came into existence in 1869 upon an outpouring of local pride. With only one Cincinnatian on the payroll, this professional team traveled over 11,000 miles that summer, winning 56 games and tying one. Shortly thereafter, on St. Patrick's Day in 1871, the National Association of Professional Baseball Players was founded and the professional league was born.
        The ensuing colorful days are well known. The ardent follower and the student of baseball know of General Abner Doubleday; the formation of the National League in 1876; Chicago's supremacy in the first year's competition under the leadership of Al Spalding and with Cap Anson at third base; the formation of the American Association and then of the Union Association in the 1880's; the introduction of Sunday baseball; interleague warfare with cut-rate admission prices and player raiding; the development of the reserve 'clause'; the emergence in 1885 of the Brotherhood of Professional Ball Players, and in 1890 of the Players League; the appearance of the American League, or 'junior circuit,' in 1901, rising from the minor Western Association; the first World Series in 1903, disruption in 1904, and the Series' resumption in 1905; the short-lived Federal League on the majors' scene during World War I years; the troublesome and discouraging episode of the 1919 Series; the home run ball; the shifting of franchises; the expansion of the leagues; the installation in 1965 of the major league draft of potential new players; and the formation of the Major League Baseball Players Association in 1966.2
        Then there are the many names, celebrated for one reason or another, that have sparked the diamond and its environs and that have provided tinder for recaptured thrills, for reminiscence and comparisons, and for conversation and anticipation in-season and off-season: Ty Cobb, Babe Ruth, Tris Speaker, Walter Johnson, Henry Chadwick, Eddie Collins, Lou Gehrig, Grover Cleveland Alexander, Rogers Hornsby, Harry Hooper, Goose Goslin, Jackie Robinson, Honus Wagner, Joe McCarthy, John McGraw, Deacon Phillippe, Rube Marquard, Christy Mathewson, Tommy Leach, Big Ed Delahanty, Davy Jones, Germany Schaefer, King Kelly, Big Dan Brouthers, Wahoo Sam Crawford, Wee Willie Keeler, Big Ed Walsh, Jimmy Austin, Fred Snodgrass, Satchel Paige, Hugh Jennings, Fred Merkle, Iron Man McGinnity, Three-Finger Brown, Harry and Stan Coveleski, Connie Mack, Al Bridwell, Red Ruffing, Amos Rusie, Cy Young, Smokey Joe Wood, Chief Meyers, Chief Bender, Bill Klem, Hans Lobert, Johnny Evers, Joe Tinker, Roy Campanella, Miller Huggins, Rube Bressler, Dazzy Vance, Edd Roush, Bill Wambsganss, Clark Griffith, Branch Rickey, Frank Chance, Cap Anson, Nap Lajoie, Sad Sam Jones, Bob O'Farrell, Lefty O'Doul, Bobby Veach, Willie Kamm, Heinie Groh, Lloyd and Paul Waner, Stuffy McInnis, Charles Comiskey, Roger Bresnahan, Bill Dickey, Zack Wheat, George Sisler, Charlie Gehringer, Eppa Rixey, Harry Heilmann, Fred Clarke, Dizzy Dean, Hank Greenberg, Pie Traynor, Rube Waddell, Bill Terry, Carl Hubbell, Old Hoss Radbourne, Moe Berg, Rabbit Maranville, Jimmie Foxx, Lefty Grove.3 The list seems endless.
          And one recalls the appropriate reference to the 'World Serious,' attributed to Ring Lardner, Sr.; Ernest L. Thayer's 'Casey at the Bat';4 the ring of 'Tinker to Evers to Chance';5 and all the other happenings, habits, and superstitions about and around baseball that made it the 'national pastime' or, depending upon the point of view, 'the great American tragedy.'6
The Petitioner
The petitioner, Curtis Charles Flood, born in 1938, began his major league career in 1956 when he signed a contract with the Cincinnati Reds for a salary of $4,000 for the season. He had no attorney or agent to advise him on that occasion. He was traded to the St. Louis Cardinals before the 1958 season. Flood rose to fame as a center fielder with the Cardinals during the years 1958—1969. In those 12 seasons he compiled a batting average of .293. His best offensive season was 1967 when he achieved .335. He was .301 or better in six of the 12 St. Louis years. He participated in the 1964, 1967, and 1968 World Series. He played errorless ball in the field in 1966, and once enjoyed 223 consecutive errorless games. Flood has received seven Golden Glove Awards. He was co-captain of his team from 1965—1969. He ranks among the 10 major league outfielders possessing the highest lifetime fielding averages.
Flood's St. Louis compensation for the years shown was:
These figures do not include any so-called fringe benefits or World Series shares.
          But at the age of 31, in October 1969, Flood was traded to the Philadelphia Phillies of the National League in a multi-player transaction. He was not consulted about the trade. He was informed by telephone and received formal notice only after the deal had been consummated. In December he complained to the Commissioner of Baseball and asked that he be made a free agent and be placed at liberty to strike his own bargain with any other major league team. His request was denied.
        Flood then instituted this antitrust suit in January 1970 in federal court for the Southern District of New York. The defendants (although not all were named in each cause of action) were the Commissioner of Baseball, the presidents of the two major leagues, and the 24 major league clubs. In general, the complaint charged violations of the federal antitrust laws and civil rights statutes, violation of state statutes and the common law, and the imposition of a form of peonage and involuntary servitude contrary to the Thirteenth Amendment and 42 U.S.C. 1994, 18 U.S.C. § 1581, and 29 U.S.C. 102 and 103. Petitioner sought declaratory and injunctive relief and treble damages.
        Flood declined to play for Philadelphia in 1970, despite a $100,000 salary offer, and he sat out the year. After the season was concluded, Philadelphia sold its rights to Flood to the Washington Senators. Washington and the petitioner were able to come to terms for 1971 at a salary of $110,000.8 Flood started the season but, apparently because he was dissatisfied with his performance, he left the Washington club on April 27, early in the campaign. He has not played baseball since then.
FLOOD v. KUHN, 407 U.S. 258 (1972) 407 U.S. 258
This case resulyed in the "Free Agency," of professional athlete's.
Previously posted at:

Copyright 2015 by Mark Anthony Given All Rights Reserved 28 USC 1746, Invoking 90 Stat. 2541 and Article 2(4) of the Berne Convention for the Protection of Literary and Artistic Works


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