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.     

Intellectual Property Theft and Organized Crime: The Case of Film Piracy

This article seeks to understand the processes by which the crime of intellectual property theft is organized, with specific attention given to film piracy. It seeks to identify the structure and function of the criminal enterprises engaged in this crime and assess the degree to which organized crime is involved with film piracy. An analysis of available sources reveals that general conclusions about the relationship of organized crime to film piracy results from a lack of useable and verifiable information in media, government, and industry sources. In the absence of independent, substantive analysis, anecdote and industry interests currently drive public policies and legal developments created to address the role of organized crime in film piracy. In the United States and across the globe, seizures, criminal indictments, civil actions, and public awareness are up considerably. Whether or not these advances can be maintained in the face of technological advances, the evolution of industry economic structures, and consumer indifference to the stigma of intellectual property theft and concern at industry response to such theft remains to be seen. Specific recommendations for future research are offered. The author would like to thank the International Center of the National Institute of Justice for soliciting funding this research through a grant, Intellectual Property and Organized Crime. He also Thanks Jay S. Albanese and his the anonymous reviewers of this work for their helpful comments and criticisms. This article only reflects the findings of the author, not the National Institute of Justice, Dr. Albanese or the reviewers.     

Public Management 1996: Once More Unto the Breach

Reviewing public administration in Australia was once akin to watching glaciers — you knew there was movement and something was happening beneath the surface, but detection required patient observation over a long period of time.     

Measuring the deterrent effect of enforcement operations on drug smuggling, 1991–1999

This study examines a crucial question: What kind of effect do interdiction and other drug enforcement activities have on drug smuggling? Do they actually deter smuggling, or is their effect more one of disruption and displacement?...     

Law enforcement information sharing: A Florida case study

Many attempts have been made over the last several decades to improve communication among law enforcement agencies. This article is a case study of a “low-level” data sharing project in Florida that could serve as a national model. The Florida Law Enforcement Data Sharing Consortium is a partnership between the University of Central Florida and more than one hundred law enforcement agencies. It offers an inexpensive, yet technically advanced alternative to the proprietary data sharing model. Its distributed architecture was endorsed by the Markle Foundation, the 9/11 Commission, and the 2004 National Security Act. Civil liberties concerns raised by this and other types of data sharing projects are discussed.     

Routine crime in exceptional times: The impact of the 2002 Winter Olympics on citizen demand for police services

Despite their rich theoretical and practical importance, criminologists have paid scant attention to the patterns of crime and the responses to crime during exceptional events. Throughout the world large-scale political, social, economic, cultural, and sporting events have become commonplace. Natural disasters such as blackouts, hurricanes, tornadoes, and tsunamis present similar opportunities. Such events often tax the capacities of jurisdictions to provide safety and security in response to the exceptional event, as well as to meet the “routine” public safety needs. This article examines “routine” crime as measured by calls for police service, official crime reports, and police arrests in Salt Lake City before, during, and after the 2002 Olympic Games. The analyses suggest that while a rather benign demographic among attendees and the presence of large numbers of social control agents might have been expected to decrease calls for police service for minor crime, it actually increased in Salt Lake during this period. The implications of these findings are considered for theories of routine activities, as well as systems capacity.