Baseball and the American Legal Mind / Edition 1

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Overview

First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

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Product Details

  • ISBN-13: 9780815320579
  • Publisher: Taylor & Francis
  • Publication date: 3/28/1995
  • Edition description: Reprint
  • Edition number: 1
  • Pages: 544
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.20 (d)

Table of Contents

Introduction
Pt. 1 Baseball Rules and the Path of the Law: The Infield Fly and Pine Tar Controversies 3
Aside: The Common Law Origins of the Infield Fly Rule 4
Further Aside: A Comment on "The Common Law Origins of the Infield Fly Rule" 13
The Infield Fly Rule and the Internal Revenue Code: An Even Further Aside 21
Rethinking the Applicability of Evidentiary Rules at Sentencing: Of Relevant Conduct and Hearsay and the Need for an Infield Fly Rule 32
In re Brett: The Sticky Problem of Statutory Construction 34
A Pine Tar Gloss on Quasi-Legal Images 45
Pt. 2 Baseball and the Antitrust Laws: The Unique Antitrust Status of Baseball 75
Federal Baseball Club v. National League 79
Gardella v. Chandler 82
Toolson v. New York Yankees 96
Conclusions: Report of Subcommittee on Study of Monopoly Power, House Committee on the Judiciary (1952) 98
Statement of Casey Stengel, Manager of the New York Yankees: Organized Professional Team Sports Hearings, Senate Committee on the Judiciary (1958) 103
Salerno v. American League 117
Flood v. Kuhn 120
Finley v. Kuhn 140
Preserving Baseball's Antitrust Exemption: Interview with Professor Gary Roberts 153
Run Baseball Just Like Any Other Business? That's The Last Thing the Owners Should Want 158
Pt. 3 Organized Labor and Organized Baseball: The Impact of the Labor Laws 161
American League v. Chase 163
Philadelphia Ball Club v. Lajoie 190
Metropolitan Exhibition Company v. Ward 199
Metropolitan Exhibition Co. v. Ewing 212
Baseball and the Law - Yesterday and Today 220
Baseball's Third Strike: The Triumph of Collective Bargaining in Professional Baseball 235
When the Commissioner Was the Law or When Czardom Was in Flower 265
From The Land of Bondage: The Greening of Major League Baseball Players and the Major League Baseball Players Association 271
Random Urinalysis: Violating the Athlete's Individual Rights? 303
Uniform Player's Contract, The National League of Professional Baseball Clubs 314
Pt. 4 Franchise Relocation: Changing Cities 321
Piazza v. Major League Baseball 323
When the Lawyers Slept: The Unmaking of the Brooklyn Dodgers 335
Pt. 5 Intellectual Property: Images of Baseball 347
Sports Broadcasting and the Law 349
Major League Baseball Properties v. Sed Non 356
Pittsburgh Athletic Co. v. KQV Broadcasting Co 386
Pt. 6 Torts and Baseball: Love Hurts 391
Baseball and the Law 392
Maytnier v. Rush 397
Marlowe v. Rush-Henrietta Central School District 404
Pt. 7 Theory and Metaphor 407
Baseball, The Courts, and Society 409
Dennis Martinez and the Uses of Theory 415
On Eurocentric Myopia, the Designated Hitter Rule and "The Actual State of Things" 423
Your Law-Baseball Quiz 431
What Do Babe Ruth and John Marshall Have in Common? 434
The Great Gatsby, the Black Sox, High Finance and American Law 436
Error Behind the Plate and in the Law 451
Baseball and the Legal Profession 467
Letter to the Editor, Simplified Voir Dire 470
The Bases Are Loaded and It's Time to Get a Restraining Order: The Confounding Conflation of America's Two National Pastimes 471
The All-Supreme-Court-Opinion Baseball Team 475
Strict Constructionism and the Strike Zone 477
Baseball Jurisprudence 482
Pt. 8 The Chicago Cubs: Post-Season Play Isn't Everything 503
Shlensky v. Wrigley 504
Chicago National League Ball Club v. Thompson 513
Pt. 9 Triple-A Material 519
Acknowledgments 521
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