Stepping Up to the Plate: Minor Leaguers Attempt to Remedy their Unconscionable Plight

Professional baseball players are often thought of as making multi-million-dollar salaries, but most professional baseball players have recently made under $15,000 a year. Minor league players toiled under an onerous system resulting from baseball's judicially created antitrust exemption and lobbying efforts that exempted them from minimum wage and overtime. These factors allowed teams to impose a uniform player contract (UPC) on players with numerous unconscionable provisions for years. However, a late-night Tweet in August of 2022 sent shockwaves through the sports and labor world, announcing that the Major League Baseball Players Association (MLBPA) was sending out authorization cards to represent minor league players. After years of fighting to maintain the authority to impose conditions on minor league players, through lobbying and litigation, Major League Baseball (MLB) turned over a new leaf and recognized the unionization of minor league players under the MLBPA less than three weeks later. In light of this long sought-after recognition, this article takes a novel approach. First, it provides historical context for baseball's unique ability to impose working conditions on minor leaguers without significant concern for legal ramifications. Second, it provides an overview of the doctrine of contractual unconscionability and analyzes the prior UPC as an unconscionable agreement. Finally, it details the historic unionization process and makes detailed recommendations to ameliorate the unconscionable conditions minor league players have faced when they negotiate with MLB owners to draft their initial collective bargaining agreement.     

Distributive Justice for Aggressors

Law and Philosophy - The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist...     

Towards global relational theorizing: a dialogue between Sinophone and Anglophone scholarship on relationalism

Abstract

What is ‘relational theorizing’ in International Relations and what can it offer? This article introduces a thematic section that responds to these questions by showing two things. First, relational theorizing is not a doctrine or a method, but a set of analyses that begin with relations rather than the putative essences of constitutively autonomous actors. Second, relational theorizing has emerged from different geo-linguistic traditions, and a relational approach to International Relations (IR) can offer the language and space for increased and productive engagement beyond Anglophone scholarship. This thematic section takes a significant step in this direction by staging a dialogue between Sinophone and Anglophone scholarship on relational IR theorizing. Such an engagement shows points of comparison and contrast, convergence and divergence. In this way, the essays presented here contribute to developing a more ‘global’ IR.     

DNA Recovery From Tape-Lifting Kits: Methodology and Practice

In the case of suspicious deaths, the technique of 1:1 taping is often used in Belgium. It consists of affixing a large number of adhesive tapes to the body of the victim. It is conventionally aimed at obtaining microtraces (e.g., fibers, hair) and is usually not used for DNA analysis. However, in some cases, DNA analysis of certain areas of interest identified on the 1:1 taping material can offer a last resort solution. The four-step method that is described in this article involves the selection of areas of interest on the body (Step 1), the selection of the corresponding tapes (Step 2), the decontamination of the tapes (Step 3), the selection of areas of interest on the tapes, for DNA sampling (Step 4). The method is illustrated by its successful application in four murder cases. In each case, DNA profiles of good quality could be identified, including profiles of persons different from the victim.     

Philadelphia's ``Black Mafia': Assessing and advancing current interpretations

In the history and the study of organizedcrime, the validity and reliability ofsources have been particularly problematicmatters. Governmental fact-finding bodiesare frequently cited in this research area,including the now-defunct PennsylvaniaCrime Commission. For example, studiesoccasionally reference Philadelphia's``Black Mafia,' and each of these inquiriesrelies upon the work of the PennsylvaniaCrime Commission for ``analysis' of thegroup. In this article, the Commission'sfindings are presented and then critiqued. Significant Black Mafia activitiesunder-researched by the Commission are nextanalyzed, adding context to the currentunderstanding of the group. The articlechallenges current assumptions, places thegroup's history in context, and illustratesthe utility of primary source research.     

Crime prevention through environmental design: financial hardship, the dynamics of power, and the prospects of governance

Borrowing from Foucault (Governmentality. In G. Burchell, C. Gordon, & P. Miller (Eds.), Governmentality: The Foucault effect: Studies in governmentality (pp. 87–104). Chicago: University of Chicago Press, 1991) and Foucault and Gordon (Power-knowledge: Selected interviews and other writings, 1972–1977. Hassocks: Harvester Press, 1980) and the work of governmentality scholars in general, this paper examines Crime Prevention Through Environmental Design (CPTED) as a strategic form of governance. Using qualitative data gathered from semi-structured interviews with CPTED practitioners and supporters, I argue that the putative availability of expendable capital mediates, although does not necessarily negate, a practitioner’s ability to secure the conduct of conduct through the sharing of CPTED expertise. The importance of shifting power dynamics are examined before evaluating the data vis-à-vis contemporary scholarship in the areas of governmentality and crime and criminal justice research.     

Trial and Error – Failing and Learning in Criminal Proceedings

This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer’s firms. We will track down the failures of topoi at three different stages (pre-trial, trial, and deliberation) in our different legal regimes. Failing occurs in all proceedings in various modes and at different stages. We argue that those modes as well as the different stages at which they occur point at the spots in the respective procedures that allow for learning about the inherent conceptions of “good reasons.”