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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.
The Origins of American Environmental Law, 1945-1970
Dispels the conventional belief that American environmental law was a product of the 1970s, finding instead that its origins go back to New Deal and Cold War policies, and traces the dramatic post-war shift in the way Americans viewed the natural environment.
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.
Confronting Sexual Violence in Native America
Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it.
The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations—a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women.
Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
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.
The Challenges of Mass Toxic Substances Litigation
Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
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 Role of Prosecutorial Discretion in Immigration Cases
When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform.
Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.