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1.
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. 相似文献
2.
Tim Kalafut Simone Pugh Peter Gill Sarah Abbas Marie Semaan Issam Mansour James Curran Jo-Anne Bright Tacha Hicks Richard Wivell John Buckleton 《Journal of forensic sciences》2022,67(1):128-135
Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P1 through P8] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P1, P2, P4, P5, and P8 can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles. 相似文献
3.
Wu‐ting Tsai Ph.D. Chia‐Yun Chang B.S. Chia‐I Hu M.S. 《Journal of forensic sciences》2019,64(4):1230-1233
Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios. 相似文献
4.
Serena Maria Curti M.D. Francesco Lupariello M.D. Elena Coppo M.D. Evan Julian Praznik B.S. Sara Simona Racalbuto Psy.D. Giancarlo Di Vella M.D. Ph.D. 《Journal of forensic sciences》2019,64(5):1427-1437
The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers. 相似文献
5.
Kevin B. Smith 《American journal of political science》2006,50(4):1013-1022
What drives policymakers to put the interests of others above their own? If human nature is inherently selfish, it makes sense to institutionalize incentives that counter decision makers' temptations to use their positions to benefit themselves over others. A growing literature rooted in evolutionary theories of human behavior, however, suggests that humans, under certain circumstances, have inherent predispositions towards “representational altruism,” i.e., to make an authoritative decision to benefit another at one's own expense. Drawing on Hibbing and Alford's conception of the wary cooperator, a theoretical case is made for such behavioral expectations, which are confirmed in a series of original laboratory experiments. 相似文献
6.
John P. Crank 《Crime, Law and Social Change》2003,39(1):39-67
This concept paper presents a theory of environmental scarcity developed byHomer-Dixon. Homer-Dixon developed a model to describe the consequences of scarcity for sub-national violence in third world countries. This paper hasfour interrelated purposes. First, it presents the model of scarcity developedby Thomas Homer-Dixon in 1999. Second, it assesses the way in which the scarcity model contextualizes criminal justice and criminology research, andby extension, how research in crime and justice processes can broaden the scarcity model. Third, it applies elements of the model to the United States,a goal that represents a generalization of the model from third-world to first-world settings. Fourth, it presents a particular case, the migrationof African-Americans from the rural South to urban centers in the 1950s and1960s and consequent inner-city violence in the 1960s, that displays manyelements of the environmental scarcity model. 相似文献
7.
The Central Bank of Bahrain came into existence on 7 Septemberand has taken over all the tasks previously conducted by theBahrain Monetary Agency (BMA). The Central Bankof Bahrain and Financial Institutions Law (CBB Law)issued by Decree No. 64 of 2006 gives the CBB strong operationalindependence and a wider range of enforcement powers. The CBBLaw has also replaced the Insurance Law (Legislative DecreeNo. 17 相似文献
8.
This paper investigates whether an Okun-type relationship between output and unemployment is taking hold in formerly planned economies as they move towards the market. Using a first-differences variant of Okun's Law, we test for its presence in 25 transition countries divided into groups of ``reform leaders'' and ``reform laggards.'' For leaders, represented by the 10 European Union (EU) accession countries, Okun's Law is detected in both 1991–94 and 1995–2000 periods. For laggards, represented by the remaining group, it is present only for the later period and only when countries affected by wars are removed from the sample. A comparison of unemployment–output elasticities and unemployment levels in EU candidates and EU members themselves indicates that their labor markets might be converging. 相似文献
9.
10.
The lungs of 79 children who had died between the ages of 1 week and 2 years old were histologically examined. 59 of these children could be categorized as cases of Sudden Infant Death because of the history and postmortem findings. In the remaining 20 cases a definite cause of death could be established. This is the same collective on which the histological investigations of the lymphatic tissue has been carried out. Morphological changes which are typical for a virus pneumonia were found in a substantially higher frequency in the cases of Sudden Infant Death than in the control cases. The validity of these findings and their possible significance for the cause of death are discussed. 相似文献