PLEASE NOTE: This book is available only as an ebook. Print copies are not available. Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student''s understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes. The accompanying Teacher''s Manual provides invaluable tips for both new and experienced instructors. Baseball and the Law received the 2017 Baseball Research Award, awarded by the Society for American Baseball Research (SABR). "The authors have adopted a familiar casebook format, presenting edited opinions followed by notes providing legal and factual context. While this book''s format is traditional, the content is anything but. Chapters are designed to orient readers to the variety of legal issues involving commissioners, teams, stadiums, players, fans, and amateurs. Through the authors'' efforts to collect and organize these cases, Baseball and the Law illuminates how the law shapes the way baseball is played and enjoyed." -- The Harvard Law Review "[This book] is like no baseball book I''ve ever had the pleasure to pick up (or, at hardback and 1,040 pages, do curls with). [...] I''m neither a lawyer nor a reviewer of books, but I find Baseball and the Law to be a fun volume to have on the bookshelf. Gift givers looking for a baseball item for the fan who has everything have something unique to consider as a stocking stuffer. Because unless your fan is a student or a professor at a participating law school, (s)he doesn''t have this." -- Howard Cole, Forbes "I must confess that when I read Baseball and the Law, it was the first textbook I could remember that I actually enjoyed reading. It is not only a significant compilation of the cases that have provided the law relating to baseball, it is also a remarkable history of the sport and the business surrounding it. After a couple of essays in the introduction, the authors begin with a review of baseball cases dating back to the 1800s. While I am no expert in baseball law, I cannot conceive of any area of baseball law that is not covered by the book. I have to assert that Baseball and the Law is a phenomenal compilation of the law regarding most, if not all, facets of baseball litigation and law. It is truly an enjoyable read." -- Major B. Harding (former chief justice of the Florida Supreme Court and shareholder with Ausley McMullen in Tallahassee), The Florida Bar Journal "For anyone who has a deep interest in the game of baseball and wants to understand its legal history, this is a fascinating book as well as a great reference tool." -- Vince Gennaro, President of Society for American Baseball Research (SABR) "[Schiff and Jarvis have] combined their work and play to create an innovative way to teach law--and perhaps expand the trivia repertoire of diehard fans. [Baseball and the Law] is a 1,040-page look at 110 of the game''s most intriguing or iconic legal disputes...The extensive and sometimes intriguing case notes span centuries. They reach from 1791, when a Massachusetts town passed an ordinance banning baseball from being played within 250 feet of a church (to protect its windows) to modern-day rulings reflecting the rise of performance drug use by professional athletes." -- Diane C. Lade, South Florida Sun-Sentinel "[This book] covers a slew of cases involving Baseball and the law...Readers can find litigation involving George Steinbrenner, Pete Rose, John Rocker and the Black Sox, along with cases about antitrust laws, fans, teams, comissioners, broadcast rights, gambling, owner conduct, competitive balance, baseball cards and even hot dogs being shot into the stands. Schiff and Jarvis spice up the book with informative and colorful notes that even a layman can understand. The scope of their research is breathtaking, drawing from books, magazines, broadcasts, scholarly works and newspapers." -- Bob D''Angelo, The Sports Bookie "As prolific baseball book reviewer Ron Kaplan has already written about this one: "The closest I''ll ever get to law school" is reading this. We agree. And we''d also encourage anyone who thinks they may have a shot at becoming the MLB Commissioner some day, start by lawyering up and investing knowledge here about how the game is still held together by the strings of historical court documents." -- Tom Hoffarth, Farther Off the Wall "The casebook''s coverage is comprehensive. Cases are organized from baseball''s point of view, rather than traditional categoies of legal subject areas. There are chapters on Commissioners, Teams, Stadiums, Players, Fans and Amateurs. I think this is a helpful approach: generally speaking, outside the walls of law schools and law firms, client''s legal problems are not organized into legal categoies, and the sooner students realize this, the better. [...]I wondered whether women would be missing entirely from such a casebook, but this isn''t true of Baseball and the Law and it feels like the authors made a deliberate effort to address this concern. In addition to a number of cases dealing with sex discrimination ... the Notes discuss MLB''s domestic violence policy and women''s history and future in professional baseball as players and umpires; a number of women are cited in the Notes, particularly in the Introduction; and there are photos of Justice Sonia Sotomayor (''''the woman who saved baseball'''' and the 1995 season) throwing out the first pitch at a Yankees game and of Little League World Series pitching phenom Mo''ne Davis. [...]the Notes are a goldmine of baseball facts and lore, and, more importantly, help to place the cases in their historical and social context. This brings the cases to life and made me want to read the next case which is exactly what law professors want their students to do, and should be the ultimate goal of any law school casebook." -- Gail Henderson, University of Alberta''s Faculty Blog "Whoever wants to know the heart and mind of America had better learn baseball. So wrote French philosopher Jacques Barzum in a 1954 book, "God''s Country and Mind." Maybe he should have written that whoever wants to know about American law should learn baseball. That''s the approach taken by a Broward County judge and a Nova Southeastern law professor who have just published Baseball and the Law, a 1,040 page textbook intended to spark teaching the subject at law schools, and just maybe provide some entertaining and educational reading for the baseball-afflicted lawyers." -- Gary Blankenship, The Florida Bar News "When it comes to baseball and the courts ... Baseball and the Law spells out many of the cases that made Milwaukee famous in baseball jurisprudence--cases that helped shape the game as it is today." -- Chris Foran, The Milwaukee Journal Sentinel (from 11 new baseball books to add to your lineup) "Baseball and the Law offers a wealth of information for students and baseball fans alike... Schiff and Jarvis present cases and notes that help us appreciate, understand, and gain insight into some of the most important legal and social issues of the past and present... The abundance of information and wealth of knowledge that this text offers makes it an invaluable resource... [I]t is current, enthusiastic, well-researched, thorough, and full of fascinating, historical details (lots of interesting baseball trivia too)... One of the most enjoyable aspects of the text is the notes following the cases. The notes practically comprise a treatise on baseball law and lore in and of themselves." -- Russ VerSteeg, Marquette Sports Law Review "Baseball and the Law is intended to be a textbook for courses in this specialized area. It is probably ideal for its intended purpose, but it is also a remarkable reference tool for anyone interested in the topic. The greatest strength of the book is its level of detail. It is more than one thousand pages of big-picture overview, small details, and reference after reference. Every baseball-related legal case I have ever heard of, as well as hundreds that I knew nothing about, appears to be excerpted or described in the text. Further, the authors reference baseball historians, philosophers, political scientists, journalists, and bloggers who have written on the topic. These references are more than simply citations; rather, they are brief summations of the author''s points and sometimes a critique of that perspective. These references are more like an annotated bibliography than the traditional footnotes to which a sport historian might be used." --Sarah K. Field, Journal of Sport History "This is a book that every lawyer who is also a baseball fan (or any kind of sports fan) will enjoy reading and referencing... It is hard to write about baseball without, wel
Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town's meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794. In 2015, a federal court held that baseball's exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field. This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also "Take Me Out to the Ball Game" to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.
The president of New York University offers a love letter to America’s most beloved sport and a tribute to its underlying spirituality. For more than a decade, John Sexton has taught a wildly popular New York University course about two seemingly very different things: religion and baseball. Yet Sexton argues that one is actually a pathway to the other. Baseball as a Road to God is about touching that something that lies beyond logical understanding. Sexton illuminates the surprisingly large number of mutual concepts shared between baseball and religion: faith, doubt, conversion, miracles, and even sacredness among many others. Structured like a game and filled with riveting accounts of baseball’s most historic moments, Baseball as Road to God will enthrall baseball fans whatever their religious beliefs may be. In thought-provoking, beautifully rendered prose, Sexton elegantly demonstrates that baseball is more than a game, or even a national pastime: It can be a road to enlightenment.
New York Yankees v. Major League Baseball; General Westmoreland v. CBS; FDIC v. Michael Milken; United States v. Microsoft; Bush v. Gore. In each of these landmark cases, one man, David Boies, has held center stage. Dubbed by the New York Times "the lawyer everyone wants," Boies has indeed been courted by government and major corporations alike, and by a host of the famous and powerful. His clients have included Calvin Klein; Don Imus; George Steinbrenner; and Garry Shandling, as well as companies such as DuPont; Altria; Lloyd's of London; and American Express. He has won record-breaking damages for consumers in cases against Sotheby's and Christie's and from major pharmaceutical companies worldwide, for price-fixing. His combination of legal know-how, meticulous preparation, and high-risk tactics at trial has earned him the sobriquet "the Michael Jordan of the courtroom." Written in the straightforward, sympathetic style that characterizes his courtroom presence, Courting Justice examines the varied clientele, behind-the-scenes dramas, and eleventh-hour strategies that have catapulted Boies to the top of the legal profession. His memoir ranges from his now-famous deposition of Bill Gates to the media-saturated battles of defending Vice President Al Gore during the 2000 Florida recount frenzy. when for days on end it was this one laconic nonpolitician who was asked to explain to the American people how their president was being decided. Through gripping accounts of some of his most notable cases, Boies brings to life not only his high-profile battles in and out of court but the details of his own life, from an unassuming boyhood in small-town Illinois and adolescence on the streets of Compton, to his brief career as a cardsharp (which helped hone his photographic memory), his lifelong fight with dyslexia and the lessons he learned in law schoolsone of which he was asked to leave. Inspiring, revealing, and compulsively readable, Courting Justice is an insider's look at the American legal system, highlighting both its strengths and its weaknesses, the ways it can be abused and the ways in which, at its best, it defends our liberties.
Baseball is a strange sport: it consists of long periods in which little seems to be happening, punctuated by high-energy outbursts of rapid fire activity. Because of this, despite ever greater profits, Major League Baseball is bent on finding ways to shorten games, and to tailor baseball to today's shorter attention spans. But for the true fan, baseball is always compelling to watch -and intellectually fascinating. It's superficially slow-pace is an opportunity to participate in the distinctive thinking practice that defines the game. If baseball is boring, it's boring the way philosophy is boring: not because there isn't a lot going on, but because the challenge baseball poses is making sense of it all. In this deeply entertaining book, philosopher and baseball fan Alva Noë explores the many unexpected ways in which baseball is truly a philosophical kind of game. For example, he ponders how observers of baseball are less interested in what happens, than in who is responsible for what happens; every action receives praise or blame. To put it another way, in baseball - as in the law - we decide what happened based on who is responsible for what happened. Noe also explains the curious activity of keeping score: a score card is not merely a record of the game, like a video recording; it is an account of the game. Baseball requires that true fans try to tell the story of the game, in real time, as it unfolds, and thus actively participate in its creation. Some argue that baseball is fundamentally a game about numbers. Noe's wide-ranging, thoughtful observations show that, to the contrary, baseball is not only a window on language, culture, and the nature of human action, but is intertwined with deep and fundamental human truths. The book ranges from the nature of umpiring and the role of instant replay, to the nature of the strike zone, from the rampant use of surgery to controversy surrounding performance enhancing drugs. Throughout, Noe's observations are surprising and provocative. Infinite Baseball is a book for the true baseball fan.
Three questions concerning modern legal thought provide the framework for It’s All in the Game: What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument enables the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication. Taking on leading contemporary theories to explore the claim that “law is politics,” Hutchinson delineates a route toward professional, relevant, and responsible—if radical—judicial practices. After discussing the difference between foundationalist, antifoundationalist, and nonfoundationalist legal critiques, he offers a focused, unequivocal, and positive account of the advantages of operating within a nonfoundationalist framework. Although such an approach centralizes the role of rhetoric in law, Hutchinson claims that this does not necessitate a turn away from politics or, more particularly, from a progressive politics. Driving home the political and jurisprudential impact of his critique and of his account of nonfoundationalist alternatives, he urges judges and jurists to engage in law’s language game of politics. This engaging book will interest linguistic philosophers, legal theorists, law students, attorneys, judges, and jurists of all stripes.
This work takes a look at the cases that have had a significant influence on the game of baseball, such as Flood v. Kuhn and Garvey v. MLB, which either made it to the U.S. Supreme Court or brought up major legal issues in baseball. Also included are cases that explore legal issues in baseball but are not as well known and cases that appear in most sports law books. For each case, the historical and legal significance of the decision is discussed.
The Infield Fly Rule is the most misunderstood rule in baseball and perhaps in all of sports. That also makes it the most infamous. Drawing on interviews with experts, legal arguments and a study of every infield fly play in eight Major League seasons, this book tells the complete story of the rule. The author covers the rule's history from the 19th century to the modern game, its underlying logic and supporting arguments, recent criticisms and calls for repeal, the controversies and confusion it creates, and its effect on how the game is played.
First published in 1858 and unavailable since the 1970s, An Inquiry into the Law of Negro Slavery in the United States of America was the first and only treatise published by a southern author on slavery law. Thomas R. R. Cobb, often referred to as “the James Madison of the Confederacy,” was an ardent secessionist and a prominent lawyer in antebellum Georgia. The work, based on extensive scholarship on the Roman law of slavery and racist to the core, fully explicates the southern defense of slavery. An important practical manual for legal practitioners and judges at the time of its publication and an essential tool for scholars and students of slavery and legal history ever since, the work is also the most significant summary of proslavery legal theory.