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.     

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.”     

Authoritarianism,creativity, and other aspects of a prison organization

Conclusion This analysis shows that no simple explanation will do when trying to understand a prison. The authoritarian aspects were very negative to me as a professional working there. I did not like being blamed for things I did not do, or being sent to numerous required training programs, almost all of which were worthless for me, telling me thing 1 already knew or could not use. However, there were positive sides to the prison, especially in the treatment aspect. In 1972 Messinger wrote “I must take the position that prisons and custodial mental hospitals should be abolished” (Messinger, 1972, P. 6). His position was that these institutions are so inhumane that society would be better served by their abolition. We probably need more analyses like the present one, and other studies which rely more heavily on more gathering of quantitative data in order to understand what prisons are really like. Only then can we make informed choices, without depending on stereotypes.     

Between a rock and a hard place: The Swedish social democratic party into Europe

Goran Therborn, European Modernity and Beyond: The Trajectory of European Societies, (Sage, London 1995). 403pp. ISBN 8039 8934 2.

John McGany and Brendan O'Leary, Explaining Northern Ireland, (Blackwell, Oxford 1995). 535pp. ISBN 0–631–18349–3.     

The hospice movement and its implications

Hospices, unheard of in this country a few years ago, have become a fast-growing American phenomenon. They promise effective pain relief for terminal cancer patients as well as a warm, homey atmosphere where fear and loneliness are minimized. Hospices are basically a creation of the British and it is still unclear how--or even whether--the principles they embody can be successfully incorporated into American medicine. However, hospices can make an important philosophical contribution by showing the way toward removing the stigma attached to death. Hospice principles also have implications for all of health care, in emphasizing the importance of treating the whole person rather than just the disease.     

Competition in political and economic markets

Prepared as a response to Frey and Eichenberger's Anomalies in Political Economy. We thank Gordon Tullock for helpful discussions. This work was partially supported by the Taylor Experimental Laboratory at Washington University.