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Articles 1 - 30 of 37
Full-Text Articles in Law
'Whatever They Need, We Will Get Them', Roger Abrams
'Whatever They Need, We Will Get Them', Roger Abrams
Roger I. Abrams
No abstract provided.
When Men Were Men, Roger Abrams
Change The Rules Of The Games, Roger Abrams
A-Rod Is Unrepentant And Vows Appeal, Roger Abrams
A-Rod Is Unrepentant And Vows Appeal, Roger Abrams
Roger I. Abrams
No abstract provided.
A Red Sox Spring Training Scene Setter, Roger Abrams, Edgar Herwick
A Red Sox Spring Training Scene Setter, Roger Abrams, Edgar Herwick
Roger I. Abrams
No abstract provided.
John Farrell Era Begins For Red Sox Nation, Roger Abrams, Emily Rooney
John Farrell Era Begins For Red Sox Nation, Roger Abrams, Emily Rooney
Roger I. Abrams
No abstract provided.
Early Baseball And The Urban Political Machine, Roger Abrams
Early Baseball And The Urban Political Machine, Roger Abrams
Roger I. Abrams
Nineteenth century America was in social and political transition. Urban centers on the East Coast overflowed with European immigrants and rural transplants, and political systems readjusted to address the issues raised by this new population. At the same time, clubs and fraternal organization offered a social infrastructure within the cities. Baseball emerged as an important pastime in these times of change, and the urban political machine, exemplified by Boss Tweed of New York Tammany Hall, used the new game as way to control the teeming masses. In fact, to make sure he could maintain his influence with regard to this …
Blog Entries, Roger Abrams
Calculating The Expected Earnings Of A Major League Pitcher, Roger Abrams
Calculating The Expected Earnings Of A Major League Pitcher, Roger Abrams
Roger I. Abrams
Steve Bechler, a pitcher in the Major Leagues, died as a result of ingesting a defective weight-loss product in spring training. His wife and daughter filed suit against the pharmaceutical company. Bechler had only pitched a few games in the Major Leagues, but was slotted as a starting pitcher for the Baltimore Orioles for the 2003 campaign. How do you calculate what Bechler would have earned in his Major League career? In this article, Professor Roger Abrams uses the techniques of baseball salary arbitration and publicly available salary and performance data to calculate the loss. He first constructs a group …
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger Abrams
Roger I. Abrams
This article discusses the important Sports Law case involving Brian Shaw and the Boston Celtics. It explains how the Boston Celtics used expedited arbitration with subsequent summary court enforcement to secure the services of its prized point guard. In exchange for a multi-year contract and a signing bonus, Shaw promised to return to the Celtics after a year in the Italian Basketball League. He then reneged on his promise when informed he could earn a much higher salary after playing another year in Rome. The club invoked arbitration and compelled Shaw to fulfill his promises. The article includes profiles of …
Constructing Baseball: Boston And The First World Series, Roger Abrams
Constructing Baseball: Boston And The First World Series, Roger Abrams
Roger I. Abrams
No abstract provided.
Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams
Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams
Roger I. Abrams
In this article, the author analyzes the labor arbitration of Atlanta Braves pitcher John Rocker whose interview in Sports Illustrated had caused quite a stir in Major League baseball. Rocker had expressed his personal distain for all minorities and “unusual” people who might ride the number 7 subway train to Shea Stadium in New York City. The Commissioner’s suspension of Rocker was substantially modified by the permanent arbitrator and Professor Abrams explains the basis for the award and how it fits into the established jurisprudence under collective bargaining agreements.
Confessions Of A Law Dean, Roger Abrams
Confessions Of A Law Dean, Roger Abrams
Roger I. Abrams
Dean Abrams was invited to participate in a symposium of law school deans and describe the nature of the dean’s job. In this article he explained how a successful dean loves his or her job and works as part of a team with the faculty and administration to create a learning community and provide a supportive environment for all concerned.
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Roger I. Abrams
This article addresses the historical anomaly of baseball’s exemption from the federal antitrust laws. Starting with Justice Holmes’ opinion in the 1922 Federal Baseball case, the article criticizes the Supreme Court’s rigid adherence to stare decisis despite considerable changes in the legal and economic context. Ultimately, in the Curt Flood case the Court acknowledges the error of its previous ways, but stubbornly refuses to correct the law, leaving to Congress the ultimate power to revise a half century of judicial errors.
Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics, Roger Abrams, Donald Welsch, Bruce Jonas
Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics, Roger Abrams, Donald Welsch, Bruce Jonas
Roger I. Abrams
In this jointly-authored article, Dean Abrams and forensic economists Donald Welsch and Bruce Jonas explain how the tools of forensic economics can be used to calculate expectation damages for stillborn enterprise. A breach of contract or tortuous misconduct may prevent a business from beginning operations. Courts are often asked to determine what damages have been suffered, but without a track record of performance that determination is often left uncertain. This article offers a formula that lawyers and experts can use to make these determinations with “reasonable certainty.”
Post-Modern Labor-Management Relations: The Southwestern Bell/Communications Workers Strategic Alliance, Roger Abrams
Post-Modern Labor-Management Relations: The Southwestern Bell/Communications Workers Strategic Alliance, Roger Abrams
Roger I. Abrams
No abstract provided.
Law And The Chicken: An Eggs-Agerated Curriculum Proposal, Roger Abrams
Law And The Chicken: An Eggs-Agerated Curriculum Proposal, Roger Abrams
Roger I. Abrams
In this tongue-in-cheek article, Dean Abrams offers his proposal for a new law school course that would allow every member of a faculty to teach one class in his or her own field. The unifying theme of the course would be that every case discussed must deal in some way with chicken. Dean Abrams would teach the Labor Law case involving the unionization of chicken farmers under the Labor Act. Others would teach criminal cases involving chickens or securities case where the accused party is Chicken Delight. A famous Supreme Court case under the Takings Clause that involved low-flying aircraft …
Arbitral Immunity, Roger Abrams
Arbitral Immunity, Roger Abrams
Roger I. Abrams
In this article, Professors Abrams and Nolan address the issue of the immunity of labor arbitrators from suit based on their service in a quasi-judicial role as neutrals under the provisions of collective bargaining agreements. They argue that based upon Supreme Court's precedent elevating arbitration to a critical role in the implementation of federal labor policy, arbitrators must enjoy the same immunity given to federal and state judges. Courts have cited this work in approving arbitral immunity. This article was first delivered as a paper at the National Academy of Arbitrators.
This Is Not An Article, Or Scholarship: A Greek Salad, Roger Abrams
This Is Not An Article, Or Scholarship: A Greek Salad, Roger Abrams
Roger I. Abrams
In this article, part of a symposium on humor and the law, Dean Abrams pokes fun at the foibles of the legal academy. The piece includes a Greek chorus and a hazard warning addressing the travails of legal scholarship.
The New Nova Curriculum: Training Lawyers For The Twenty-First Century, Roger Abrams, Michael Masinter
The New Nova Curriculum: Training Lawyers For The Twenty-First Century, Roger Abrams, Michael Masinter
Roger I. Abrams
In this article, Dean Abrams and Professor Masinter explain the pedagogical bases for the innovative reform of the Nova Law School curriculum. The faculty abolished large first-year classes, capping each section at 40 students. This provided opportunity for focused attention by instructors on the needs of each student. In addition, the second and third year curriculum featured workshop courses in a variety of subjects which allowed students to learn substantive law by doing the work of lawyers in particular settings, including bankruptcy, real estate transactions and alternative dispute resolution. The simulations made use of new hardware and software and engaged …
The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger Abrams, Dennis Nolan
The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger Abrams, Dennis Nolan
Roger I. Abrams
Labor arbitrators work as solo practitioners, appointed to hear grievance disputes that arise under collective bargaining agreements. One significant problem that arises is the available of experienced arbitrators to hear disputes expeditiously. In this article, Dean Abrams and Professor Nolan suggest an alternative form for the delivery of arbitration services through use of an arbitration firm that would address the issue of delay. A number of experienced arbitrators would join together in a partnership. Parties seeking arbitration services would contract with the firm, and arbitrators would be assigned to hear cases based on their availability.
Seniority Rights Under The Collective Agreement, Roger Abrams, Dennis Nolan
Seniority Rights Under The Collective Agreement, Roger Abrams, Dennis Nolan
Roger I. Abrams
This article discusses the important factor of seniority which is used in most American workplaces as a measure of employee rights. Labor arbitrators are often asked to read and interpret seniority provisions in collective bargaining agreements to determine whether management has promoted the right person or laid off the wrong person. As “the coin of the industrial realm,” seniority normally defines job preferences, benefit eligibility and benefit calculation. The article analyzes and critiques a series of arbitration cases to determine whether they fulfill the parties’ expectations.
The Labor Arbitrator's Several Roles, Roger Abrams, Dennis Nolan
The Labor Arbitrator's Several Roles, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this Article, we propose to review the positions asserted in the debates over the arbitrator's role; to show how some of these positions are illegitimate or fundamentally incompatible with the context within which arbitration operates, while others are simply incomplete; and to offer a new formulation of the arbitrator's job as a composite of several widely recognized roles. Tentative as it is, our approach to role definition describes the position of labor arbitration in the American system of industrial relations more accurately than any of the earlier attempts.
Toward A Theory Of "Just Cause" In Employee Discipline Cases, Roger Abrams, Dennis Nolan
Toward A Theory Of "Just Cause" In Employee Discipline Cases, Roger Abrams, Dennis Nolan
Roger I. Abrams
No abstract provided.
Time At A Premium: The Arbitration Of Overtime And Premium Pay Disputes, Roger Abrams, Dennis Nolan
Time At A Premium: The Arbitration Of Overtime And Premium Pay Disputes, Roger Abrams, Dennis Nolan
Roger I. Abrams
This article continues the joint work of Professors Abrams and Nolan concerning the major issues addressed in labor arbitration. Unionized workplaces often include in their collective bargaining agreements provisions for the payment of premium pay to employees who work in certain situations, such as overtime hours beyond the normal workday or work week or hours worked when employees are called-in to work during non-working hours. The resolution of these disputes requires careful attention to the terms used by parties in their agreements within the context of the basic purposes of such provisions and an understanding of how they generally operate …
Buying Employees' Time: Guaranteed Pay Under Collective Agreements, Roger Abrams, Dennis Nolan
Buying Employees' Time: Guaranteed Pay Under Collective Agreements, Roger Abrams, Dennis Nolan
Roger I. Abrams
This Article will address the most significant issues that arise under call-in pay and reporting pay clauses. After discussing in general the different situations covered by the two types of guarantee clauses, the Article will address problems concerning the application and calculation of pay under a call-in provision. The following sections examine qualification for reporting pay, the interpretation of contractual exceptions to the guarantee, and management's obligation to notify employees not to report if it wishes to avoid liability under a guaranteed pay clause.
Subcontracting Disputes In Labor Arbitration: Productive Efficiency Versus Job Security, Roger Abrams, Dennis Nolan
Subcontracting Disputes In Labor Arbitration: Productive Efficiency Versus Job Security, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this Article, Professors Abrams and Nolan discuss the principles which should be used by labor arbitrators in resolving subcontracting grievances under collective bargaining agreements. These disputes involve the fundamental and conflicting interests of labor and management in job security and productive efficiency. The authors conclude that the arbitrator's primary responsibility is to carry out the intent of the parties as evidenced in the provisions of their agreement.
American Labor Arbitration: The Maturing Years, Roger Abrams, Dennis Nolan
American Labor Arbitration: The Maturing Years, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this article, Professor Nolan and Dean Abrams complete their discussion of the history of American labor arbitration up to the present day. In particular, they analyze the critical importance of the War Labor Board in the development of the labor arbitration process as the chosen means for resolving disputes that arise during the terms of collective bargaining agreements.
American Labor Arbitration: The Early Years, Roger Abrams, Dennis Nolan
American Labor Arbitration: The Early Years, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this article, Professor Nolan and Dean Abrams explore the origins of the modern labor arbitration process through its early years. Before the twentieth century, arbitration was used as a means for resolving bargaining disputes and industrial conflict. Only in the 1930s with the organization of major manufacturing industries would the current form of grievance arbitration emerge.
The Common Law Of The Labor Agreement: Vacations, Roger Abrams
The Common Law Of The Labor Agreement: Vacations, Roger Abrams
Roger I. Abrams
In this article, Professor Abrams and Nolan continue their review of the common topics addressed by labor arbitrators. Vacations are a particularly challenging matter involving work qualification requirements and calculations of benefits issues. Abrams and Nolan suggest ways labor and management can design their vacation systems to avoid later problems in arbitration.