The Faulty Law and Economics of the 'Baseball Rule'


Book Description

This article examines the so-called “Baseball Rule,” the legal doctrine generally immunizing professional baseball teams from liability when spectators are hit by errant balls or bats leaving the field of play. Following a recent series of high-profile fan injuries at Major League Baseball (MLB) games, this century-old legal doctrine has come under increased scrutiny, with both academic and media commentators calling for its abolition. Nevertheless, despite these criticisms, courts have almost uniformly continued to apply the Baseball Rule to spectator-injury lawsuits.This article offers two contributions to the ongoing debate surrounding the Baseball Rule. First, it provides new empirical evidence establishing that the risk of being hit by an errant ball or bat at a professional baseball game has increased considerably in recent years. Specifically, fans attending MLB games today are sitting more than twenty percent closer to the field than they were when the legal doctrine was first established. This fact, along with other changes in the way in which the game is played and presented to fans, have converged to substantially reduce the reaction time that spectators have to protect themselves from flying objects entering the stands, calling into question courts' continued reliance on the century-old rule.Second, the article makes the novel observation that courts and academic commentators have, to date, failed to reconsider the Baseball Rule in light of the emergence of the law-and-economics movement, and in particular the contributions it has offered regarding the optimal apportionment of tort liability. By subjecting the doctrine to such an economic analysis, this article finds that the host team will usually constitute the lowest-cost or best-risk avoider, thus suggesting that the legal immunity currently provided by the Baseball Rule inefficiently allocates tort liability in spectator-injury lawsuits.As a result, the article concludes by contending that future courts (or legislatures) should reject the Baseball Rule and instead hold professional baseball teams liable for spectator injuries. Specifically, it asserts that the Baseball Rule should be replaced by a strict liability regime, thereby better incentivizing teams to implement the most economically efficient level of fan protection in their stadiums.




Sports Law and Regulation


Book Description

"Casebook for use in upper level Sports Law course"--




Sports Law


Book Description

Four of the nation’s leading sports law scholars have merged their expertise to produce this problem-based sports law and governance text for undergraduate and graduate students. Drawing on their work developing the field’s leading sports law casebook for law students, the authors present this text in the traditional law school case method style, but with an eye toward accessibility for non-law students. Whether students are interested in careers in professional or amateur sports law, this text will equip them with the foundational knowledge necessary to identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor and employment, racial and gender equity, antitrust, and intellectual property law are all addressed, as are health and safety issues and high school, college, and international/Olympic/regulatory concerns. Moreover, the text explores the sports industry with an appreciation of its dynamism, examining topics from cutting edge issues in athlete representation to the uncertain future of big-time intercollegiate athletics. Sports Law: Governance and Regulation (Fourth Edition) is a must for undergraduate and graduate students interested in the sports industry. New to the 4th Edition: Changes to the NCAA’s governance and enforcement structures, and updated bylaws and cases related to student-athlete scholarships, transfer rights, and name, image, and likeness opportunities. Updated college sports antitrust materials, including Alston v. NCAA and new Notes and Questions. New discussion of whether student-athletes should be classified as employees. Inclusion of the first judicial opinion interpreting provisions of the Revised Uniform Athlete Agents Act. Recent developments related to First Amendment free exercise, establishment clause, and free speech in the high school context. New sections on participation rights of transgender and intersex athletes, and the obligation of organizations to protect athletes from sexual misconduct. Professional sport developments regarding the appropriate breadth of commissioner authority, updated MLB, NBA, WNBA, NFL, MLS, NWSL, and NHL collective bargaining agreement summaries, and an expanded discussion of professional sports leagues’ personal conduct, disciplinary issues, and domestic violence policies. Revised Olympic and international sports issues, including recent revisions to the Ted Stevens Olympic and Amateur Sports Act and a new 2021 World Anti-Doping Code case. A unique look at negotiating sport industry contracts, including coaches’ and players’ contracts. Professors and students will benefit from: Materials that present actual problems that develop the skills of students to be creative problem solvers A legally authoritative textbook, written by the authors of the top law school casebook in the field of sports law who are leading lawyers and educators in the field of sports law and governance. Interesting and insightful cases and examples from the authors’ wealth of sports law and governance experience, which help facilitate discussion directly related to problem solving. The potential to “flip the classroom” and help students develop their analytical skills by using class time for problems provided in the book. The book’s organization that gives students who want careers in sports law a good background in this field, as well as helping students develop critical thinking, analytical, and problem-solving skills that will serve them well in their work and life. Terms and legal vocabulary that are set out in the body of the text and defined immediately for better comprehension, as well as being listed in a comprehensive glossary at the end of the book. The book’s problem-based approach allows students to learn to recognize and solve the problems that arise in each of the areas covered. A shorter and more succinctly written text than the standard undergraduate sports law titles, giving students more time to explore real-world problems.




Foul or Fair?


Book Description

There's more to sports than what occurs during games. Check your social media, listen to sports talk radio, or watch ESPN--there are daily stories of social issues in sports regarding concussions, playing hurt, gambling, Olympics and politics, athletes as social activists, paying college athletes, recruiting violations, academics, youth sports, diversity and gender issues, hazing, athletes' mental health, disabled athletes' rights, sportsmanship, and media coverage. How do these issues affect athletes, fans, and society? Written equally for casual and hardcore fans, this book analyzes social and ethical issues in sports in a lively, journalistic manner, combining quotes from writers, broadcasters, athletes, coaches and others with the author's observations. It shows pros and cons of how sports affect our daily lives and society. While sports inspire and excite us and lead to social change like the civil rights movement, Title IX, and rights of disabled people, controversies surrounding sports can be divisive even as sports work as a uniting factor in society.




May the Best Team Win


Book Description




It's No Game


Book Description




Research Handbook on Trademark Law Reform


Book Description

This far-reaching Research Handbook is a follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory. It examines reform of trademark law from a number of perspectives and across many jurisdictions, and contains insights from a stellar cast of trademark scholars.




The Economics of the Infield Fly Rule


Book Description

No sports rule has generated as much legal scholarship as baseball's Infield Fly Rule. Interestingly, however, no one has explained or defended the rule on its own terms as part of the internal rules and institutional structure of baseball as a game. This Article takes on that issue, explaining both why baseball should have the Infield Fly Rule and why a similar rule is not necessary or appropriate in seemingly comparable, but actually quite different, baseball situations. The answer lies in the dramatic cost-benefit disparities present in the infield fly and absent in most other game situations. The infield fly is defined by four relevant features: (1) the significant disparity of costs and benefits inherent in that play that overwhelmingly favors one team and disfavors the other team; (2) the favored team has total control over the play and the other side is powerless to stop or counter the play; (3) the cost-benefit disparity arises because one team intentionally fails (or declines) to do what ordinary rules and strategies expect it to do; and (4) the extreme cost-benefit disparity incentivizes that negative behavior every time the play arises. When all four features are present on a play, a unique, situation-specific limiting rule becomes necessary; such a rule restricts one team's opportunities to create or take advantage of a dramatic cost-benefit imbalance, instead imposing a set outcome on the play that levels the playing field. The Infield Fly Rule is baseball's paradigmatic example of a limiting rule. By contrast, no other baseball situation shares all four defining features, particularly in having a cost-benefit disparity so strongly tilted toward one side. The cost-benefit balance in these other game situations is more even; thus, these other situations can and should be left to ordinary rules and strategies.




Death at the Ballpark


Book Description

When we think of baseball, we think of sunny days and leisurely outings at the ballpark--rarely do thoughts of death come to mind. Yet during the game's history, hundreds of players, coaches and spectators have died while playing or watching the National Pastime. In its second edition, this ground-breaking study provides the known details for 150 years of game-related deaths, identifies contributing factors and discusses resulting changes to game rules, protective equipment, crowd control and stadium structures and grounds. Topics covered include pitched and batted-ball fatalities, weather and field condition accidents, structural failures, fatalities from violent or risky behavior and deaths from natural causes.




The Analytical Failures of Law and Economics


Book Description

The law-and-economics movement remains a dominant force in American private law, despite widespread recognition that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail for 'internal' analytical reasons.