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SSRN-It’s No Game: The Practice and Process of the Law in Baseball, and Vice Versa by Ross Davies
It is a commonplace that the relationship between baseball and the law is a long and close one. But, first, is it true? And, second, if it is, just how long and how close? Strangely, given the large amount of good work produced by able scholars of baseball and the law, concrete answers to these basic questions are not readily available. This article is a first step toward filling that gap. It is a sketch of the length, breadth, and depth of the relationship between baseball and the law. (In order to tell a less-than-interminable tale, this article mostly tilts back and forth between recent years – evidence of the vibrancy of the baseball-law relationship today – and the late 19th and early 20th centuries – evidence that it has been vibrant for a long time – and deals only sketchily even with those periods. This should not be taken to mean that the baseball-law relationship was any less interesting at other times, or that there isn’t much more to be said about all times.) As should be clear by the end of this article, the answer to the first question is an emphatic and certain “Yes”: baseball and the law are close and have been for a long time. The answer to the second question, however, is an equally emphatic but far less certain “Very”: while there surely are both unrecognized extents and unmarked limits to the law-baseball relationship, we cannot define them without a fuller inventory and chronology – an old-fashioned digest – of the thousands upon thousands of events that make up the history of baseball and the law. Perhaps this article can serve as the kernel of such a project.
Labor’s Next Best Hope: NLRB Rulemaking « Talking Union
EFCA is currently stalled behind health care and climate change legislation, and nobody knows when it might actually be considered by Congress, much less if it will be enacted in anything like its present form. In the face of that legislative inaction, it may be that the best available solution is for the administrative agency with authority in this area, the National Labor Relations Board (NLRB), simply to impose some badly needed fixes.
SSRN-The Clinic Effect by Rebecca Sandefur, Jeffrey Selbin
"Lawyers, law professors and experts on professional education perennially proclaim that law schools teach students to think like lawyers but not to act like them. Legal education’s emphasis in the cognitive dimension comes at the expense of critical professional development in the skills (expertise) and civic (identity) dimensions. Clinical legal education has long been prescribed as a pedagogic corrective to these perceived deficits in law school training, but little research exists to inform our understanding of whether - much less how, when, why and for whom - clinics deliver on this promise.
With data from a new, nationally representative survey of early-career attorneys in the United States, this article explores evidence of clinical education’s impact in the skills and civic dimensions of lawyer training. In the skills dimension, new lawyers rate clinical training more highly for making the transition to the actual practice of law than many other law school experiences, particularly the doctrinal core frequently the object of the standard critique. In the civic dimension, the study finds no evidence of a relationship between clinical training experiences and new lawyers’ pro bono service, and no consistent evidence of a relationship between clinical training experiences and new lawyers’ civic participation. Although there is no evidence of a general relationship between clinical training experiences and public service employment, the study finds a strong relationship between clinical training and career choice for those young attorneys who recall that they came into law hoping to improve society or help individuals. For this group of new lawyers, clinical training may have been an important factor in sustaining or accelerating their original civic commitments.
As a result of these findings and the continued dearth of data on these important questions, the article concludes with a call for a new generation of research into the effects of clinical legal education on the preparation of students for the prac
SSRN-Federal Administration and Administrative Law in the Gilded Age by Jerry Mashaw
"This article has a simple message. The standard history of the development of American Administrative Law is at best partial and in many respects incorrect. The national government of the United States was an administrative government from the very beginning of the Republic. Moreover, that administrative government then, as now, was both constituted and constrained by law. In short, America had a federal administrative law long before that field of law was either recognized or named."
Main Page - ScotusWiki
"ScotusWiki is the companion site to SCOTUSblog.com, and it is currently in its early stages of development."
New Process Steel v. National Labor Relations Board - ScotusWiki
"Issue: Whether Section 3(b) of the National Labor Relations Act, 29 U.S.C. § 153(b), authorizes the NLRB to act when only two of its five positions are filled, if the Board has previously delegated its full powers to a three-member group of the Board that includes the two remaining members; does the NLRB have authority to decide cases with only two sitting members, where 29 U.S.C. § 153(b) provides that “three members of the Board shall, at all times, constitute a quorum of the Board”? "
Health Care Service v. Pollitt - ScotusWiki
"Issue: Whether the Federal Employees Health Benefits Act, 5 U.S.C. § 8902(m)(1), preempts a state court lawsuit filed against a government contractor administering such benefits. "
Lewis v. City of Chicago - ScotusWiki
"Issue: When an employer adopts an employment practice that discriminates against African Americans in violation of Title VII’s disparate impact provision, must a plaintiff file an EEOC charge within 300 days after the announcement of the practice, or may a plaintiff file a charge within 300 days after the employer’s use of the discriminatory practice? "
Conkright v. Frommert - ScotusWiki
"Issues: 1. Whether the Second Circuit erred in holding, in conflict with decisions of this Court and other Circuits, that a district court has no obligation to defer to an ERISA plan administrator’s reasonable interpretation of the terms of the plan if the plan administrator arrived at its interpretation outside the context of an administrative claim for benefits.
2. Whether the Second Circuit erred in holding, in conflict with decisions of other Circuits, that a district court has "allowable discretion" to adopt any "reasonable" interpretation of the terms of an ERISA plan when the plan interpretation issue arises in the course of calculating additional benefits due under the plan as a result of an ERISA violation. "
Granite Rock Company v. International Brotherhood of Teamsters - ScotusWiki
"Issue: Whether a federal court has jurisdiction to determine collective bargaining agreement formation and whether a §301(a) action is available against a union that is not a direct signatory to the collective bargaining agreement. "
Federal Register Document Drafting Handbook
The Document Drafting Handbook is intended to help agencies prepare documents for publication in the Federal Register.
Notice Pleading Restoration Act
To provide that Federal courts shall not dismiss complaints under rule 12(b)(6) or (e) of the Federal Rules of Civil Procedure, except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson, 355 U.S. 41 (1957).
Wash. court reinstates $8M award against Hyundai
OLYMPIA, Wash. -- The state Supreme Court on Wednesday reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.
In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court's finding for Jesse Magana of Vancouver.
The justices said the South Korean automaker deliberately withheld documentation from Magana's lawyers for too long concerning other crashes in which front seats collapsed backward.
"Trial courts need not tolerate deliberate and willful discovery abuse," wrote the majority, led by Justice Richard Sanders. "This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined."
SSRN-Chevron as a Canon, not a Precedent: An Empirical Test of what Motivates Judges in Agency Deference Cases by William Eskridge, Connor Raso
Legal scholars almost universally believe that federal judges defer to agency interpretations of statutes. The debate has therefore focused on when judges should defer and how judges should operationalize a deference regime doctrinally. Such normative debates about deference rest upon factual assumptions that have not been rigorously tested; drawing from the entire population of Supreme Court cases (1984-2006) our empirical finds that Supreme Court Justices do not generally afford deference precedents stare decisis effect, but that the policies underlying the major deference regimes do have bite at the Supreme Court level. We also find that judicial ideology affects the Justices’ applications of deference regimes but does not explain why different Justices prefer different doctrinal formulations; we advance the hypothesis that the Justices’ expressed preferences are genuine, but do not dominate ideology and other context based factors in actual cases. Deference regimes are more like canons of statutory construction, applied episodically but reflecting deeper judicial commitments, than binding precedents, pretty faithfully applied or distinguished. Our study suggests that most academic proposals to “reform” deference doctrines would have little or no bite at the Supreme Court level; more modest proposals to clarify such doctrines would probably be (modestly) helpful, however.
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