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Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Inside Baseball: Justice Blackmun And The Summer Of '72, Savanna L. Nolan

Articles, Chapters and Online Publications

This article examines the historical context of Justice Blackmun's infamous opinion from Flood v. Kuhn, also known as the baseball case. Analysis includes discussion of recently re-discovered personal letters between Justices Powell and Blackmun.

Judging And Baseball, Merritt E. Mcalister

UF Law Faculty Publications

No abstract provided.

Just Say No To The Cheap Double Play, Richard D. Friedman

Reviews

The Infield Fly Rule has drawn a considerable amount of attention from legal scholars for nearly half a century. Much of the writing, in keeping with the tone of the keynote work discussing the rule, the famous Aside by William Stevens published in the University of Pennsylvania Law Review in 1975, has been whimsical and ironical. But the Aside was also a genuine piece of legal scholarship. And now, Howard Wasserman has written a book—an entire book!— on the rule, and done so without whimsy or irony.

De-Limiting Rules, Peter B. Oh

Articles

Baseball is a game governed by a delicate equilibrium of complex rules. But no rule incites more confusion or controversy than the Infield Fly. This is perhaps because the rule embodies a greater tension: between a constantly evolving game that is steeped in revered traditions, and a rule that has become part of popular lore but whose original impetus was premised on a notion of fair play that hails from a bygone era.

Incidental Intellectual Property, Brian L. Frye

Law Faculty Scholarly Articles

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies to …

Newsroom: Law Is 'Just Coaching At Heart' 12-1-2016, Marvin Pave, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

References To Baseball In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

No abstract provided.

Just A Bit Aside, Howard Wasserman

Faculty Publications

In "Time to Drop the Infield Fly Rule and End a Common Law Anomaly," Judge Andrew Guilford and Joel Mallord offer the first cohesive scholarly critique of baseball's venerated and venerable Infield Fly Rule. They argue that the rule is grounded in outdated notions of sportsmanship and opposition to deception and that the game would be more exciting if players could be left to their own strategic and skillful devices on infield fly balls. This Response Essay builds on my previous work to argue that, properly understood, the Infield Fly Rule is justified, necessary, and appropriate in order to to …

Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds

Journal Articles

Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource …

Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds

NDLS in the News

Baseball teams have operated under the assumption that anyone who attends a game accepts the risk of injury from foul balls or bats—an assumption that has been upheld by courts in many states including Indiana, under the "baseball rule."

A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen F. Ross, Michael James Jr.

Journal Articles

Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …

John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt

125th Anniversary Materials

No abstract provided.

Take Me Out To The Hearing: Major League Baseball Players Before Congress, Howard Brill

School of Law Faculty Publications and Presentations

No abstract provided.

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Journal Articles

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.

Interview With George Mitchell (5) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter-Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his retirement …

Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson

All Faculty Scholarship

This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.

Interview With Peter Lunder By Mike Hastings, Peter H. Lunder

George J. Mitchell Oral History Project

Biographical Note
Peter H. Lunder was born in Lynn, Massachusetts, on September 14, 1933, to Ann and Michael Lunder. He was graduated from Colby College in 1956 with a degree in business. He joined the family shoe business, where he eventually became president and co-chair of the board for Dexter Shoes. His uncle was Harold Alfond. In 1977 he was part of the Yawkey Group that bought the Red Sox. He served on the Smithsonian American Art Museum Board in the early 1990s, and at the time of this interview he was an overseer of Colby College.

Summary
Interview includes …

Interview With Bud Selig By Andrea L’Hommedieu, Allan 'Bud' H. Selig

George J. Mitchell Oral History Project

Biographical Note
Allan Huber “Bud” Selig was born on July 30, 1934, in Milwaukee, Wisconsin. His father, Ben, was a businessman and his mother, Marie, taught school; they were both immigrants from Romania and the Ukraine, respectively. His mother instilled in him a love of baseball at a young age. He attended the University of Wisconsin and became president of the Milwaukee Brewers baseball team as a young man. At the time of this interview he was the ninth commissioner of Major League Baseball, having served in that capacity since 1992.

Summary
Interview includes discussion of: family and educational background; …

Interview With Jay Rockefeller By Brien Williams, John 'Jay' D. Rockefeller

George J. Mitchell Oral History Project

Biographical Note

John Davison “Jay” Rockefeller was born June 18, 1937, in New York to Blanchette Ferry (Hooker) and John D. Rockefeller III. He has served as a Democratic U.S. Senator representing West Virginia since 1985. Prior to that (1977-1985), he was governor of West Virginia. He is married to Sharon Percy, daughter of former Illinois Senator Charles “Chuck” Percy. He worked closely with Senator Mitchell on the 1993 health care reform package.

Summary

Interview includes discussion of: description of Senator Mitchell; differences in majority leader styles; Senator Byrd; story of President Clinton’s coming to the Democratic Caucus; their shared …

Is Media Coverage Of Steroids On The Verge Of Striking Out Baseball Stars?, Nicholas L. Silvestri

Pell Scholars and Senior Theses

Over the last 150 years, baseball has been one of the most popular American sports. Ever since its inception in the 19th century, it has been known as our “Great American Past-Time”. As the sport of baseball has evolved and developed into the game it is today, there have been controversial scandals that have helped reshape our perceptions of baseball’s biggest stars.

Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon

Legal History Publications

Buildings, like people, have lives all their own. They have beginnings, middles, ends, and even good and bad years. This project is a study of a building known by many names, including Venable Park, Mud Stadium, The Great White Elephant of 33rd St., The Old Gray Lady, and the World’s Largest Outdoor Insane Asylum, although for most of its life it was officially referred to as Memorial Stadium, located in Baltimore, Maryland.

The story of Memorial Stadium is really the story of those in the community that surround it. As the use and popularity of the Stadium grew, so too …

Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule, Dustin E. Buehler, Steve P. Calandrillo

Articles

No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of "moral hazard," which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat.

Using a law-and-economics approach, this Article concludes that the designated hitter rule creates …

Interview With Tom Daffron By Brien Williams, Thomas 'Tom' A. Daffron

George J. Mitchell Oral History Project

Biographical Note
Thomas A. Daffron was born on January 23, 1949, in New York City. He received a bachelor’s degree from Brown University and a master’s degree in journalism from Columbia University. Prior to going to Washington D.C., he worked as a newspaper reporter. He was chief of staff for Senators Bill Cohen, Fred Thompson, Mo Udall, and Lisa Murkowski, and as a speechwriter for Chuck Percy. He has also worked for International Paper in Maine and for the Baltimore Orioles, and he has been a consultant to Senator Susan Collins. At the time of this interview, he was COO …

F09rs Sgr No. 3 (Commend Baseball), Prestridge, Parker

Student Senate Enrolled Legislation

No abstract provided.

Interview With Michael Aube By Mike Hastings, Michael 'Mike' Aube

George J. Mitchell Oral History Project

Biographical Note
Michael “Mike” Aube was born on July 17, 1950, in Biddeford, Maine, and grew up in the Biddeford-Saco area in a Franco-American bilingual family. His mother worked as a clerk/cashier at a grocery store; his father was an electrical worker for a small electrical contractor in Saco, then began his own small electrical contracting business. Mike attended Boston College from 1968-1972, majoring in history and education. Although he became a certified teacher, he entered the realm of government and politics, working for George McGovern in 1972, and in 1973 becoming president of Maine Young Democrats. He served on …

Interview With Jay Davis By Mike Hastings, Jay Davis

George J. Mitchell Oral History Project

Biographical Note
Jay Davis was born May 4, 1943, in Hartford, Connecticut, to Frank and Helen Davis. His father worked for a company that made piano keys, and his mother was a homemaker, raising five children. His great-great-great uncle, Morgan G. Bulkeley, was governor of Connecticut, U.S. Senator, and the first president of baseball’s National League. Jay grew up in Ivoryton, Connecticut, and went to Holderness School in New Hampshire during his high school years. He attended Williams College and, after engaging briefly in journalism and community organizing in Hartford, he attended Harvard University, where he earned a master’s in …

Interview With Norm Reef By Mike Hastings, Norman 'Norm' S. Reef

George J. Mitchell Oral History Project

Biographical Note
Norman S. “Norm” Reef was born on August 16, 1933, in Portland, Maine, where he grew up with his parents, Samuel Reef and Dora Reef, and seven siblings. His father emigrated from Lithuania at age fourteen and worked as a cobbler. Norm grew up in the Jewish community of Portland, and the family struggled to make ends meet during the Depression and World War II. He attended Boston University and after two years joined the Army; the Korean War ended just as he completed training. He returned to study public relations at Boston University and then attended law …

Interview With Berl Bernhard By Brien Williams, Berl Bernhard

George J. Mitchell Oral History Project

Biographical Note
Berl Bernhard was born in New York City on September 7, 1929, to Morris and Celia (Nadele) Bernhard. He grew up in New Jersey, then attended Dartmouth College, graduating in 1951, and took his law degree at Yale Law School in 1954. His law career began in Washington as a law clerk to Luther Youngdahl. In the late 1950s he took a position on the Civil Rights Commission, and he was appointed staff director by John Kennedy in 1961. In 1963 he returned to private practice and in 1965 became counsel to the Democratic Senate Campaign Committee. He …

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds

Journal Articles

This article explores the history and evolution of baseball's arbitration system, focusing on players with arbitration eligibility in 2009. The article also explores teams' use of the "file-and-go" strategy.