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Taking The Road Less Traveled: Why Practical Scholarship Makes Sense For The Legal Writing Professor, Mitchell J. Nathanson
Taking The Road Less Traveled: Why Practical Scholarship Makes Sense For The Legal Writing Professor, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines the issue of scholarship as it pertains to the legal writing professor. While the old adage that you should “write what you know” applies universally – to fiction as well as non-fiction and to scholarship written by the legal writing professor as much as it does to the doctrinal professor, the question this article attempts to answer is this: given that legal writing is a “skills” rather than “substantive” course, just what is it that legal writing professors, at least as compared to their doctrinal counterparts, know? Through the analysis of an original professional background survey of …
The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson
The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson
Mitchell J Nathanson
This article examines Major League Baseball’s (MLB) antitrust exemption from a practical, historical perspective and concludes that it is largely irrelevant to the actual (as opposed to theoretical) workings of the business of baseball. This article focuses first on the exemption’s supposed protection of baseball’s “reserve clause” and finds that it was irrelevant to its creation in 1879 as well as its demise in 1975. Despite the exemption, the reserve clause has always been subject to challenge under contract law and it was a simple argument based on contract law principles that led to its eventual dismantling. This article then …