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.     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.     

Red Tape,Rule Burden,and Legitimate Performance Trade-Offs: Results from a Vignette Experiment

Abstract

Goals in the public sector are complex and managers can face situations in which pursuing one legitimate goal necessitates performance trade-offs in other areas. This study tests how knowledge of legitimate performance trade-offs shapes the perception of red tape. Using a vignette experimental design and a sample of university students, between group t-tests and regression analyses suggest that, when evaluating increased rule burden, individuals that are provided with information about how objectively burdensome rules serve alternative values such as equity and effectiveness associate them with lower levels of red tape. A series of Monte Carlo simulations suggest that this effect is substantial.     

古代民风乡约对当代社会的启示

中国自古民风醇厚,而乡约忠实地记载了民风形成的概貌和要旨.高平乡约碑刻生动地反映了地方乡约对当地民风形成的作用和过程.研究古代民风,对加强社会主义道德建设,维护人民群众切身利益,保护环境具有一定的借鉴意义.     

差异与成因：两大法系消极公诉权之评析——兼及我国消极公诉权之完善

消极公诉权在公诉权理论中占有极为重要的地位 ,两大法系都对之作出了积极的肯定 ,并在立法上作出了相应的规定。但是 ,两大法系对消极公诉权的规定又显示出了巨大的差异 ,这种差异是由于两大法系在国家政治哲学、法律传统、诉讼理念等方面的区别而造成的。本文分析了两者的差异 ,并对我国消极公诉权的完善提出了意见     

Restriction fragment length polymorphism analysis of forensic science casework in the People's Republic of China.

Restriction fragment length polymorphism (RFLP) analysis for the purpose of individualization is now being used in casework in the People's Republic of China. This report describes the use of the multilocus minisatellite probe 33.15 to solve three cases, including two homicides and a rape. In the third case, fetal tissue was analyzed to prove that the alleged rapist was, in fact, the father. In each case, analysis of deoxyribonucleic acid (DNA) resulted in a positive match. The probability of chance association of the DNA fingerprint was calculated as 5.6 x 10(-12), which is similar to the figures reported in the literature.     

公司秘书与公司治理

公司秘书是公司经营过程中不可缺少的高级管理人员。公司秘书不仅是公司治理的守门人 ,而且在公司与其成员之间 ,公司内部各组织机构之间的关系协调中发挥着桥梁作用。我国公司中的秘书仍然囿于传统的观念 ,其地位和职责远未法律化 ,抑制了其在公司治理中应有的作用。因此 ,需要从立法的高度对公司秘书进行角色定位 ,使其成为公司的法定机关