Baseball and the American Legal Mind / Edition 1

Baseball and the American Legal Mind / Edition 1

by Spencer W. Waller
     
 

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

Overview

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

Product Details

ISBN-13:
9780815320579
Publisher:
Taylor & Francis
Publication date:
03/28/1995
Edition description:
Reprint
Pages:
544
Product dimensions:
6.00(w) x 9.00(h) x 1.20(d)

Table of Contents

Introduction
Pt. 1Baseball Rules and the Path of the Law: The Infield Fly and Pine Tar Controversies3
Aside: The Common Law Origins of the Infield Fly Rule4
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 Aside21
Rethinking the Applicability of Evidentiary Rules at Sentencing: Of Relevant Conduct and Hearsay and the Need for an Infield Fly Rule32
In re Brett: The Sticky Problem of Statutory Construction34
A Pine Tar Gloss on Quasi-Legal Images45
Pt. 2Baseball and the Antitrust Laws: The Unique Antitrust Status of Baseball75
Federal Baseball Club v. National League79
Gardella v. Chandler82
Toolson v. New York Yankees96
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 League117
Flood v. Kuhn120
Finley v. Kuhn140
Preserving Baseball's Antitrust Exemption: Interview with Professor Gary Roberts153
Run Baseball Just Like Any Other Business? That's The Last Thing the Owners Should Want158
Pt. 3Organized Labor and Organized Baseball: The Impact of the Labor Laws161
American League v. Chase163
Philadelphia Ball Club v. Lajoie190
Metropolitan Exhibition Company v. Ward199
Metropolitan Exhibition Co. v. Ewing212
Baseball and the Law - Yesterday and Today220
Baseball's Third Strike: The Triumph of Collective Bargaining in Professional Baseball235
When the Commissioner Was the Law or When Czardom Was in Flower265
From The Land of Bondage: The Greening of Major League Baseball Players and the Major League Baseball Players Association271
Random Urinalysis: Violating the Athlete's Individual Rights?303
Uniform Player's Contract, The National League of Professional Baseball Clubs314
Pt. 4Franchise Relocation: Changing Cities321
Piazza v. Major League Baseball323
When the Lawyers Slept: The Unmaking of the Brooklyn Dodgers335
Pt. 5Intellectual Property: Images of Baseball347
Sports Broadcasting and the Law349
Major League Baseball Properties v. Sed Non356
Pittsburgh Athletic Co. v. KQV Broadcasting Co386
Pt. 6Torts and Baseball: Love Hurts391
Baseball and the Law392
Maytnier v. Rush397
Marlowe v. Rush-Henrietta Central School District404
Pt. 7Theory and Metaphor407
Baseball, The Courts, and Society409
Dennis Martinez and the Uses of Theory415
On Eurocentric Myopia, the Designated Hitter Rule and "The Actual State of Things"423
Your Law-Baseball Quiz431
What Do Babe Ruth and John Marshall Have in Common?434
The Great Gatsby, the Black Sox, High Finance and American Law436
Error Behind the Plate and in the Law451
Baseball and the Legal Profession467
Letter to the Editor, Simplified Voir Dire470
The Bases Are Loaded and It's Time to Get a Restraining Order: The Confounding Conflation of America's Two National Pastimes471
The All-Supreme-Court-Opinion Baseball Team475
Strict Constructionism and the Strike Zone477
Baseball Jurisprudence482
Pt. 8The Chicago Cubs: Post-Season Play Isn't Everything503
Shlensky v. Wrigley504
Chicago National League Ball Club v. Thompson513
Pt. 9Triple-A Material519
Acknowledgments521

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