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The Origin of Baseball's Antitrust Exemption
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time.Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be?Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
The Unintended Consequences of the Hague Child Abduction Convention
An eyeopening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children
Judge Benjamin Barr Lindsey's exposé of big business's influence on Colorado and Denver politics caused a sensation when serialized in Everybody's Magazine 1909-1910. When published as a book later in 1910, The Beast was considered every bit the equal of Upton Sinclair's The Jungle. Now back in print, the book reveals the plight of working-class Denver citizens - in particular, those Denver youths who ended up in Lindsey's court day after day. These encounters led him to create Denver's Juvenile Court, one of the first courts in the country set up to deal specifically with young delinquents. In addition, Lindsey exposes the darker sides of many well-known figures in Colorado history, including Mayor Robert W. Speer, industrialist and Senator Simon Guggenheim, and Denver tramway czar William Gray Evans. More than just a fascinating slice of Denver history, this book - and Lindsey's court - inspired widespread social change in the United States.
Toward a History of Expropriation of Land for the Common Good
Opening with allusions to a few suggestive examples from non-European societies and ancient Greece and Rome, the book concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She demonstrates that land has been taken, with compensation, for what has been perceived to be the public good at least since the early Middle Ages in England, France, Germany, Italy, and Spain, and since the seventeenth century in America.
A Guide for Families and Friends of Texas Prison Inmates
Texas holds one in every nine U.S. inmates. Behind the Walls is a detailed description of one of the world's largest prison systems by a long-time convict trained as an observer and reporter. It spotlights the day-to-day workings of the Texas Department of Criminal Justice-what's good, what's bad, which programs work and which ones do not, and examines if practice really follows official policy. Written to inform about the processes, services, activities, issues, and problems of being incarcerated, this book is invaluable to anyone who has a relative or friend incarcerated in Texas, or for those who want to understand how prisoners live, eat, work, play, and die in a contemporary U.S. prison. Containing a short history of Texas prisons and advice on how to help inmates get out and stay out of prison, this book is the only one of its kind-written by a convict still incarcerated and dedicated to dispelling the ignorance and fear that shroud Texas prisons. Renaud discusses living quarters, food, and clothing, along with how prisoners handle money, mail, visits, and phone calls. He explores the issues of drugs, racism, gangs, and violence as well as what an inmate can learn about his parole, custody levels, and how to handle emergencies. What opportunities are available for education? What is the official policy for discipline? What is a lockdown? These questions and many others are answered in this one-of-a-kind guide.
Reflections on Urban Segregation, the Courts, and Equal Opportunity
A compelling insider's account of the fight for educational desegregation, from one of its most dedicated and outspoken heroes. A new afterword explains the author's controversial belief that the moment for litigating educational equality has passed, clear-sightedly critiquing his own courtroom strategies and the courts' responses, before closing with an assessment of the economic and social changes that he feels have already moved us "beyond busing." "An extraordinarily informative and thoughtful book describing the process of bringing Brown [v. Board of Education] North and the impact this process had upon national attitudes toward desegregation." --Drew S. Days III, Yale Law Journal "An original analysis of a tough subject. A must-read for all who care about opportunity for all our children." --Donna E. Shalala, President, University of Miami "Paul Dimond remains a passionate and caring voice for inner-city students, whether in his advocacy of school desegregation, school choice plans, or school finance reform. He illuminates these issues as one who participated in the major education cases and as a perceptive scholar." --Mark Yudof, Chancellor, The University of Texas System "A must-read for anyone who wants to understand America's continued failure to give inner-city children a quality education or to do something about it!" --Sheryll Cashin, Author of The Failures of Integration: How Race and Class Are Undermining the American Dream "Dimond is particularly good at relating his slice of legal history to the broader developments of the 1970s, and his occasional remarks about trial tactics are amusing and instructive. Dimond's honesty about both his successes and failures makes his book required reading for civil rights lawyers." --Lawrence T. Gresser, Michigan Law Review "A fascinating first-hand account of 1970s northern school desegregation decisions." --Neal E. Devins, American Bar Foundation Research Journal "Dimond reminds the liberal reader of the promise that lies in the empowerment of ordinary families to choose their own schools." --John E. Coons, Professor of Law, Emeritus, University of California, Berkeley Paul R. Dimond is counsel to Miller, Canfield, Paddock and Stone, Michigan's largest law firm; chairman of McKinley, a national commercial real estate investment and management firm; and chairman or member of the board of trustees of numerous education, community, and civic organizations. He spent four years as President Clinton's Special Assistant for Economic Policy.
The Influence of EU Law on Belgian Constitutional Case Law Regarding Federalism
The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. This monograph contributes to this debate in two ways. The author argues for an approach to constitutional law that goes beyond the classic - coined dogmatic - understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship (and sometimes tension) between ‘rule-of-law' values (which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs.
Murphreeís Laws on Community-Based Natural Resource Management in Southern Africa
Dr. Marshall Murphree is a prominent scholar in the ˇelds of common property theory, rural development, and natural resource management. After graduating from the London School of Economics with a doctorate in social anthropology, he returned home to Zimbabwe to work as a missionary before joining the University of Zimbabwe, where he became director, and subsequently Professor Emeritus, of the Centre for Applied Social Sciences. Beyond Proprietorship presents a range of contributions to the May 2007 conference held to honour Murphreeís work, and it conveys his central concerns of equality and fairness. The focus is on marginalised people living in poor and remote regions of Zimbabwe, but also includes important discussions about the policy implications of regional tenure regimes, and the place of local resource management in global conservation politics. The book is essential reading for anyone interested in the recent history and experience of remote area development, semi-arid agriculture, conservation, and wildlife utilisation in southern Africa.
A Guide to Shaping Shared Solutions, Revised and Expanded Edition
Expanded by two-thirds from the 2004 edition, the new edition features two new role plays, a new chapter on how to write chart notes, and a discussion of new understandings of the role of the clinical ethics consultant. **** Bioethics Mediation offers stories about patients, families, and health care providers enmeshed in conflict as they wrestle with decisions about life and death. It provides guidance for those charged with supporting the patient’s traditional and religious commitments and personal wishes. Today’s medical system, without intervention, privileges those within shared cultures of communication and disadvantages those lacking power and position, such as immigrants, the poor, and nonprofessionals. This book gives clinical ethics consultants, palliative care providers, and physicians, nurses, and other medical staff the tools they need to understand and manage conflict while respecting the values of patients and family members. Conflicts come in different guises, and the key to successful resolution is early identification and intervention. Every bioethics mediator needs to be prepared with skills to listen, “level the playing field,” identify individual interests, explore options, and help craft a “principled resolution”—a consensus that identifies a plan aligned with accepted ethical principles, legal stipulations, and moral rules and that charts a clear course of future intervention. The organization of the book makes it ideal for teaching or as a handbook for the practitioner. It includes actual cases, modified to protect the privacy of patients, providers, and institutions; detailed case analyses; tools for step-by-step mediation; techniques for the mediator; sample chart notes; and a set of actual role plays with expert mediator and bioethics commentaries. The role plays include: • discharge planning for a dying patient • an at-risk pregnancy • HIV and postsurgical complications in the ICU • treatment for a dying adolescent • dialysis and multiple systems failure
Learning Socratic Lessons of Disillusion and Renewal
Thomas Eisele explores the premise that the Socratic method of inquiry need not teach only negative lessons (showing us what we do not know, but not what we do know). Instead, Eisele contends, the Socratic method is cyclical: we start negatively by recognizing our illusions, but end positively through a process of recollection performed in response to our disillusionment, which ultimately leads to renewal. Thus, a positive lesson about our resources as philosophical investigators, as students and teachers, becomes available to participants in Socrates’ robust conversational inquiry. Bitter Knowledge includes Eisele’s detailed readings of Socrates’ teaching techniques in three fundamental Platonic dialogues, Protagoras, Meno, and Theaetetus, as well as his engagement with contemporary authorities such as Gregory Vlastos, Martha Nussbaum, and Stanley Cavell. Written in a highly engaging and accessible style, this book will appeal to students and scholars in philosophy, classics, law, rhetoric, and education.