athaniel Grow
Associate Professor of Legal Studies
Department of Insurance, Legal Studies, and Real Estate
Terry College of Business
University of Georgia
288B Brooks Hall
Athens, GA 30602
(706) 542-3795
[email protected]
__________________________________________________________________
Academic Employment
University of Georgia, Athens, GA
Associate Professor of Legal Studies, Terry College of Business, 2015 - Present
Assistant Professor of Legal Studies, Terry College of Business, 2009 - 2015
Courses Taught:
LEGL 2700 – Legal and Regulatory Environment of Business
LEGL 4200 – Law and the Entertainment Industry
Education
University of Michigan Law School, Ann Arbor, MI
Juris Doctor, May 2005, cum laude
Contributing Editor, Michigan Law Review
Ohio University, Honors Tutorial College, Athens, OH
B.S., Interpersonal Communication, June 2002, magna cum laude
o Minor: Philosophy
Thesis: “A Derelict in the Stream of Law”: Baseball’s Antitrust Exemption
Publications
Books
Baseball on Trial: The Origin of Baseball's Antitrust Exemption (2014, University of
Illinois Press) (hard cover, paperback, and eBook editions)
Journal Articles
The Curiously Confounding Curt Flood Act, 90 Tulane Law Review __ (forthcoming
2016)
Nathaniel Grow C.V. – Page 1
Gaming the System: The Exemption of Professional Sports Teams From the Fair
Labor Standards Act, 49 U.C. Davis Law Review __ (forthcoming 2015) (with
Charlotte Alexander)
Regulating Professional Sports Leagues, 72 Washington & Lee Law Review 573
(2015)
Joint Patent Infringement Following Akamai, 51 American Business Law Journal 71
(2014) (peer reviewed)
Insolvent Professional Sports Teams: A Historical Case Study, 18 Lewis & Clark
Law Review 345 (2014) (symposium issue)
Decertifying Players’ Unions: Lessons From the 0FL and 0BA Lockouts of 2011, 15
Vanderbilt Journal of Entertainment and Technology Law 473 (2013)
In Defense of Baseball’s Antitrust Exemption, 49 American Business Law Journal
211 (2012) (peer reviewed)
American 0eedle and the Future of the Single Entity Defense Under Section One of
the Sherman Antitrust Act, 48 American Business Law Journal 449 (2011) (peer
reviewed)
Antitrust & The Bowl Championship Series, 2 Harvard Journal of Sports &
Entertainment Law 53 (2011)
Louisville v. Duke and Its Implications for Breached College Football Scheduling
Agreements, 37 Journal of College & University Law 239 (2011)
Defining the “Business of Baseball”: A Proposed Framework for Determining the
Scope of Professional Baseball’s Antitrust Exemption, 44 U.C. Davis Law Review
557 (2010)
Reevaluating the Curt Flood Act of 1998, 87 Nebraska Law Review 747 (2009)
A Proper Analysis of the 0ational Football League Under Section One of the
Sherman Act, 9 Texas Review of Entertainment & Sports Law 281 (2008)
Note, There’s 0o “I” in “League”: Professional Sports Leagues and the Single
Entity Defense, 105 Michigan Law Review 183 (2006)
Book Reviews
Review of Robert M. Goldman, One Man Out: Curt Flood versus Baseball, 50
American Journal of Legal History 114 (2010) (solicited book review)
Works in Progress
An Empirical Assessment of Joint Patent Infringement (law review article examining
the frequency with which joint patent infringement lawsuits have been filed)
Resolving the Joint Patent Infringement Dilemma (law review article proposing a
new statutory provision to address cases of joint patent infringement between
multiple defendants)
Reconsidering the “Baseball Rule” (law review article considering the continued
justification of the legal rule shielding professional baseball teams from liability in
cases where fans are injured by flying bats and balls)
Nathaniel Grow C.V. – Page 2
The Peculiar Labor Economics of U.S. Professional Sports Leagues (law review
article examining the unusual economic characteristics of U.S. pro sports leagues’
labor markets, and exploring the implications for federal antitrust and labor law)
The Lajoie Case (law review article documenting the history of the Philadelphia Ball
Club v. 0apoleon Lajoie litigation in 1901 and 1902)
The Players’ League Litigation (law review article documenting the history of the
1890 litigation between the National League and rival Players’ League for the rights
to players John Montgomery Ward and Buck Ewing)
Honors and Awards
Larry Ritter Book Award, Society for American Baseball Research, 2015
Awarded for Baseball on Trial: The Origin of Baseball's Antitrust Exemption
Finalist, Seymour Medal, Society for American Baseball Research, 2015
Recognizing Baseball on Trial: The Origin of Baseball's Antitrust Exemption
Outstanding Teacher Award, University of Georgia, 2015
2014 David J. Langum, Sr. Prize in American Legal History, The Langum Charitable
Trust
Awarded for Baseball on Trial: The Origin of Baseball's Antitrust Exemption
Distinguished Junior Faculty Award, Academy of Legal Studies in Business, 2014
Junior Scholar Award, Southeastern Academy of Legal Studies in Business, 2012
Nominee, Best Academic Article, 2012 Antitrust Writing Awards, Institute for
Competition Law
Recognizing In Defense of Baseball’s Antitrust Exemption
Outstanding University Service Award, Interfraternity Counsel of the University of
Georgia, 2012
Holmes-Cardozo Award for Outstanding Submitted Conference Paper, Academy of
Legal Studies in Business, 2011
Awarded for In Defense of Baseball’s Antitrust Exemption
Outstanding Teacher Award, University of Georgia, 2011
Best Proceedings Paper, Southeastern Academy of Legal Studies in Business, 2010
Awarded for American 0eedle and the Future of the Single Entity Defense Under
Section One of the Sherman Antitrust Act
Grants and Research Awards
Terry-Sanford Award, Terry College of Business, University of Georgia, 2015
Research Supported: Closing the Joint Patent Infringement Loophole
Terry-Sanford Award, Terry College of Business, University of Georgia, 2013
Research Supported: The Origin of Baseball’s Antitrust Exemption: The Federal
Baseball Case of 1922
Junior Faculty Research Grant, The Willson Center for Humanities and Arts,
University of Georgia, 2011
Research Supported: A History of the Federal Baseball Litigation
Nathaniel Grow C.V. – Page 3
Academic Presentations and Symposia
Academy of Legal Studies in Business, Aug. 10, 2015, Philadelphia, PA
Paper Presented: Gaming the System: The Exemption of Professional Sports
Teams From the Fair Labor Standards Act (with Charlotte Alexander)
Academy of Legal Studies in Business, Aug. 9, 2015, Philadelphia, PA
Paper Presented: Closing the Joint Infringement Loophole
Academy of Legal Studies in Business, Aug. 9, 2015, Philadelphia, PA
Panelist: Current Legal Issues in the Sports Industry: A 2014-15 Year-in-Review
Academy of Legal Studies in Business, Aug. 8, 2015, Philadelphia, PA
Panelist: Writing and Reviewing for the ABLJ: Tips for Awesome Articles and
Reviews
Marquette University Law School, Sports Law Works-in-Progress Conference, Oct.
18, 2014, Milwaukee, WI
Paper Presented: Regulating Professional Sports Leagues
Academy of Legal Studies in Business, Aug. 7, 2014, Seattle, WA
Paper Presented: Regulating Professional Sports Leagues
Southeastern Academy of Legal Studies in Business, Nov. 8, 2013, Tampa, FL
Paper Presented: Insolvent Professional Sports Teams: A Historical Case Study
Lewis & Clark Law School, 18th Annual Business Law Fall Forum: Success &
Failure in Professional Sports, Oct. 4, 2013, Portland, OR
Panelist: Collective Bargaining, Lockouts, and Strikes
Academy of Legal Studies in Business, Aug. 10, 2013, Boston, MA
Paper Presented: Joint Patent Infringement Following Akamai
Southeastern Academy of Legal Studies in Business, Nov. 10, 2012, Miami, FL
Paper Presented: Organized Baseball on Trial
Georgia – Florida Legal Studies Research Conference, Oct. 13, 2012, Atlanta, GA
Paper Presented: Decertifying Players’ Unions: Lessons From the 0FL and 0BA
Lockouts of 2011
Academy of Legal Studies in Business, Aug. 11, 2012, Kansas City, MO
Paper Presented: The Origins of Baseball’s Antitrust Exemption
Southeastern Academy of Legal Studies in Business, Nov. 18, 2011, Atlanta, GA
Paper Presented: Reconsidering the Role of Union Decertification in Professional
Sports Labor Disputes: Reflections on the 0FL and 0BA Lockouts of 2011
Florida – Georgia Legal Studies Research Conference, Oct. 15, 2011, Tallahassee, FL
Paper Presented: In Defense of Baseball’s Antitrust Exemption
Academy of Legal Studies in Business, Aug. 13, 2011, New Orleans, LA
Paper Presented: In Defense of Baseball’s Antitrust Exemption
Harvard Law School, Sports Law Symposium: The Changing Face of Intercollegiate
Athletics: Amateurs, Academics, and the Athletic Arms Race, March 25, 2011,
Cambridge, MA
Panelist: The Legality of the Bowl Championship Series
Southeastern Academy of Legal Studies in Business, Nov. 12, 2010, Charleston, SC
Paper Presented: American 0eedle and the Future of the Single Entity Defense
Under Section One of the Sherman Antitrust Act
Nathaniel Grow C.V. – Page 4
Academy of Legal Studies in Business, Aug. 6, 2010, Richmond, VA
Paper Presented: Antitrust & The Bowl Championship Series
Southeastern Academy of Legal Studies in Business, Nov. 6, 2009, Miami, FL
Paper Presented: Defining the “Business of Baseball”: A Proposed Framework
for Determining the Scope of Professional Baseball’s Antitrust Exemption
Selected Media Interviews and Citations
Content is King with King Kaufman, SiriusXM Bleacher Report Radio (Sept. 17,
2015)
Former Leafs Star Gary Leeman Leads Retired 0HL Players’ Fight in Concussion
Lawsuit, by James Mirtle, Globe and Mail (Sept. 15, 2015)
At Ballparks, Danger in the Stands, by Dan Klepal & Leon Stafford, Atlanta JournalConstitution (Sept. 1, 2015)
Atlanta United FC Soccer Complex Might be Coming to DeKalb, by Mark Niesse &
Doug Roberson, Atlanta Journal-Constitution (July 24, 2015)
Wake Up the Zone, WGFX FM 104.5 (Nashville) (June 17, 2015)
The Jason Gregor Show, 1260 Edmonton Sports Radio (June 16, 2015)
The Beat of Sports with Marc Daniels, WYGM 740 The Game (Orlando) (June 9,
2015)
2015’s Best & Worst Cities for Baseball Fans, by Richie Bernardo, WalletHub (June
2, 2015)
Response of Angels, MLB to Hamilton Decision is Shocking and Saddening, by Cliff
Corcoran, SportsIllustrated.com (April 3, 2015)
Players Richer than Ever, but a Possible Labor War Looms, by David Schoenfeld,
ESPN.com (March 31, 2015)
0CAA, Players’ Legal Showdown is Tuesday, by Howard Mintz, San Jose MercuryNews (March 16, 2015)
America 0eeds A Sports Czar, by Mina Kimes, ESPN.com / ESPN The Magazine
(Feb. 19, 2015 / March 2, 2015)
Taylor Swift Patents Lyrics in Smart Business Move, by Kalli Drake, The Red &
Black (Feb. 13, 2015)
Appeal to Reverse Baseball’s Antitrust Rule is a Desperate Swing for the Fences, by
Robert Barnes, Washington Post (Feb. 9, 2015)
San Jose vs. MLB: Lawsuit over A’s Appealed to U.S. Supreme Court, by Mike
Rosenberg, San Jose Mercury-News (Feb. 3, 2015)
MLB’s Antitrust Status Remains After Almost A Century, Only a Game, NPR (Jan. 17,
2015)
MLB Victory Against San Jose, A’s, Bloomberg Law, Bloomberg Radio (Jan. 16,
2015)
Federal Appeals Court Rejects San Jose's Antitrust Case Against Major League
Baseball, by Howard Mintz, San Jose Mercury-News (Jan. 15, 2015)
0inth Circuit Upholds Baseball Antitrust Exemption, by Pallavi Guniganti, Global
Competition Review (Jan. 15, 2015)
CBS News Radio San Francisco (Jan. 15, 2015)
Nathaniel Grow C.V. – Page 5
Senator Wants Professional Sports Leagues to Earn Their Antitrust Exemption, by
Yasmine Harik, Global Competition Review (Sept. 24, 2014)
FCC Decision Looms On 0FL’s TV Blackout Rule, Only a Game, NPR (Sept. 13,
2014)
Bulldog Bling: Will Players Ever Share in College Football’s Fortune?, by Blake
Aued, Flagpole (Aug. 27, 2014)
San Jose’s Case Against Major League Baseball Gets Another Day in Court, by Nina
Thorsen, KQED News (Aug. 11, 2014)
CBS News Radio San Francisco (Aug. 11, 2014)
KQED News (San Francisco) (Aug. 11, 2014)
San Jose Antitrust Case Against MLB at Crucial Stage, by Howard Mintz, San Jose
Mercury-News (Aug. 10, 2014)
Matt Mikolas Show, Sports Radio KJR-AM Seattle (July 12, 2014)
CBS News Radio San Francisco (June 19, 2014)
MLB States Its Defense In Minor League Players Lawsuit, by Josh Leventhal,
Baseball America (June 11, 2014)
CBS News Radio San Francisco (June 9, 2014)
The Dave Jamieson Show, 1260 Edmonton Sports Radio (June 9, 2014)
0CAA on Trial: Student Players Seek Share of Big-Time College Sports Dollars, by
Howard Mintz, San Jose Mercury-News (June 8, 2014)
KQED News (San Francisco) (June 3, 2014)
Mitch in the Morning, Sports Radio KJR-AM Seattle (May 5, 2014)
0BA Bans Los Angeles Clippers Owner for Life over Racist Comments, by Scott
Malone & Larry Fine, Reuters (April 29, 2014)
The Dave Jamieson Show, 1260 Edmonton Sports Radio (April 28, 2014)
The Beat of Sports with Marc Daniels, WYGM 740 The Game (Orlando) (April 28,
2014)
San Jose Takes Its Hacks Against Baseball, by Brent Kendall, Wall Street Journal
(April 6, 2014)
KGO Newstalk 810 (San Francisco) (January 23, 2014)
The Beat of Sports with Marc Daniels, WYGM 740 The Game (Orlando) (January
13, 2013)
Fight to Land MLB’s A’s is Tale of 3 Cities, by Paul Elias, Associated Press
(December 29, 2013)
The Beat of Sports with Marc Daniels, WYGM 740 The Game (Orlando) (December
11, 2013)
MLB Deals Setback to San Jose Bid to Lure Oakland A’s, by Howard Mintz, San Jose
Mercury News (December 7, 2013)
Did MLB Ruling Inject Life into Movement to Keep A’s in Oakland?, by Marcus
Thompson, San Jose Mercury News (December 7, 2013)
Lawyers: Baseball Officials Formally Rejected Oakland A’s Move to San Jose, by
Nina Thorsen, KQED News (December 7, 2013)
Baseball's Antitrust Exemption Lives on in San Jose Decision, by Andrew Longstreth,
Reuters Legal (October 15, 2013)
Judge Splits Decision on San Jose Claims Against MLB Over A’s, by John Woolfolk,
San Jose Mercury News (October 11, 2013)
Nathaniel Grow C.V. – Page 6
Alex Rodriguez sues Major League Baseball, Selig, by Ellen Wulfhorst, Reuters
(October 4, 2013)
San Jose Baseball: Oakland Athletics’ Move 0ow on Court’s Timetable Rather Than
MLB’s, by John Woolfolk, San Jose Mercury News (June 20, 2013)
In Florida, A Welcoming Venue for Baseball Antitrust Cases, by David Ingram,
Reuters (April 8, 2013)
The Beat of Sports with Marc Daniels, WYGM 740 The Game (Orlando) (March 26,
2013)
Analysis: In Suing Clinic Over Drugs, U.S. Baseball May be Targeting Players, by
Joseph Ax, Reuters (March 24, 2013)
0HL Lockout: Time Becomes Major Player in Labour 0egotiations, by Sean FitzGerald, National Post (Dec. 29, 2012)
0HL Lockout: A Look at What the Union’s Mandate to Dissolve Really Means, by
Sean Fitz-Gerald, National Post (Dec. 21, 2012)
Does the 0HL Have a Winning Case in Court?, by James Mirtle, Globe and Mail
(Dec. 18, 2012)
The Jason Gregor Show, 1260 Edmonton Sports Radio (Dec. 17, 2012)
Prime Time Sports with Bob McCown, SN 590 (Toronto) and Rogers SportsNet One
(Dec. 17, 2012)
0HL Files Class-Action Suit Against Players’ Union, by James Mirtle, Globe and
Mail (Dec. 14, 2012)
0HL Lockout: League, Union Movements Add Twist to Labour Talks, by Sean FitzGerald, National Post (Dec. 14, 2012)
0HL Lockout Update: 0HLPA to Reportedly Vote on Authorization to Executive
Board Regarding Disclaimer of Interest, by Charles Curtis, NJ.com (Dec. 14, 2012)
0HL Asks Court to Declare Legality of Lockout, by James Mirtle, Globe and Mail
(Dec. 14, 2012)
0HLPA Likely Using Disclaimer of Interest as Leverage: Expert, by Sean FitzGerald, National Post (Dec. 14, 2012)
Figuring Out the Future of the 0HL Lockout, by Sean Fitz-Gerald, National Post
(Dec. 8, 2012)
A Ray of Hope in 0HL Labour Talks?, by Joanna Slater & David Ebner, Globe and
Mail (Dec. 4, 2012)
The Jim Richards Show, Newstalk 1010 (Toronto) (Dec. 3, 2012)
Buyouts Part of the Game in the SEC and 0ationally, by Aaron Brenner, Columbus
(GA) Ledger-Enquirer (Nov. 28, 2012)
The Mark Spector Show, 1260 Edmonton Sports Radio (Nov. 27, 2012)
The Jason Gregor Show, 1260 Edmonton Sports Radio (Nov. 26, 2012)
Sports Labour Law Expert Explains Decertification, by James Mirtle, Globe and Mail
(Nov. 23, 2012)
Exasperated Ryan Miller Heartily Endorses Decertification of Union, by James
Mirtle, Globe and Mail (Nov. 22, 2012)
Auburn Football: A Lot has Changed Since Chizik's 0ew Contract was Signed Almost
Two Years Ago, by Aaron Brenner, Columbus (GA) Ledger-Enquirer (Nov. 21, 2012)
0FL Concussion Suit Likely To Get Sacked By Employment Law, by Daniel Fisher,
Forbes.com (June 12, 2012)
Nathaniel Grow C.V. – Page 7
0ew Antitrust Suit: I (Don’t) Want My MLB.tv, by Joseph Ax, Thomson Reuters On
the Case (May 14, 2012)
Court Vision: Latest 0ews in the 0BA, by Zach Lowe, SI.com (Jan. 4, 2012)
Wednesday Bullets, by Henry Abbott, ESPN.com (Jan. 4, 2012)
Conference Realignment has 0o Master Plan, by Harry Plumer, Columbia
Missourian (Oct. 20, 2011)
Threat Slowed Growth Blitz, by Mark Niesse, Daily Report (Fulton County, GA)
(Oct. 4, 2011)
Out of Bounds: College Football’s Postseason Problems, by Brent Holloway,
Gainesville Times (July 24, 2011)
Forget Utah; Alabama Could Be Key to Successful BCS Antitrust Suit, by Andy
Staples, SI.com (Nov. 5, 2010)
Road Killing: Paid-game Scheduling Agreements Often Lead to Lopsided Scores, But
They Help Many Schools Balance Their Books, by Paul Steinbach, Athletic Business
(Nov. 2010)
Potential Antitrust Claims May Have Helped Slow Down Mega Conference
Expansion, by Iliana Limón, Orlando Sentinel (July 3, 2010)
The Great D0A Debate, by Jorge Aranguré, ESPN.com (July 24, 2009)
Academic Service
Service to the Academy
Member, Social Media Task Force, Academy for Legal Studies in Business, 2015
President, Southeastern Academy of Legal Studies in Business, 2014-2015
Program Chair, 2014 Conference, Southeastern Academy of Legal Studies in
Business
President-Elect, Southeastern Academy of Legal Studies in Business, 2013-2014
Organizer, Georgia-Florida Legal Studies Research Conference, 2013
Vice President, Southeastern Academy of Legal Studies in Business, 2012-2013
Secretary, Southeastern Academy of Legal Studies in Business, 2011-2012
Ph.D. Dissertation Committees
Committee Member, Cyntrice Thomas, University of Georgia, Department of
Kinesiology, Degree Completion Date: 2012
University Service
Coordinator, Legal Studies Seminar Series, Department of Insurance, Legal Studies,
and Real Estate, University of Georgia, 2015 – Present
Department Representative, Study Abroad & Foreign Exchange Committee, Terry
College of Business, University of Georgia, 2015 – Present
Coordinator of Student Learning Assessment for the Legal Studies Group,
Department of Insurance, Legal Studies, and Real Estate, University of Georgia,
2011 – Present
Nathaniel Grow C.V. – Page 8
Department Representative, Admissions Appeals Committee, Terry College of
Business, University of Georgia, 2011 – Present
Member, Faculty Search Committee, Department of Insurance, Legal Studies, and
Real Estate, University of Georgia, 2013-14
Member, Faculty Search Committee, Department of Insurance, Legal Studies, and
Real Estate, University of Georgia, 2012-13
Member, Faculty Search Committee, Department of Insurance, Legal Studies, and
Real Estate, University of Georgia, 2010
Member, Grade Appeals Committee, Department of Insurance, Legal Studies, and
Real Estate, University of Georgia, 2010
Service to Academic Journals
Editorial Service
Article Review Board Member, Journal of Legal Aspects of Sport, 2015 – Present
Staff Editor, American Business Law Journal, 2014 – Present
Ad Hoc Reviewer
American Business Law Journal (2009-2014)
Communication and Sport
Journal of Insurance Issues
Journal of Real Estate Finance and Economics
Other
Guest Speaker, Talkin’ Baseball, Osher Lifelong Learning Institute at the University
of Georgia, Feb. 18, 2015
Guest Speaker, Phi Alpha Delta Pre-Law Fraternity, April 2011
Other Professional Experience
Crowell & Moring, LLP, Washington, D.C.
Associate (2005 – 2009), Summer Associate (2004)
Litigated intellectual property and antitrust cases, including taking depositions
and drafting dozens of briefs, motions, and pleadings at both the trial and
appellate court levels
Counseled clients through the antitrust regulatory approval process for
pending mergers and acquisitions
Nathaniel Grow C.V. – Page 9
Bar Admissions
District of Columbia (Inactive)
Ohio (Inactive)
United States Court of Appeals for the Federal Circuit
Memberships and Affiliations
Academy of Legal Studies in Business
Society For American Baseball Research
Southeastern Academy of Legal Studies in Business
Sports Lawyers Association
Nathaniel Grow C.V. – Page 10