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.     

On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...     

Analysis of off-farm work decisions among smallholder farm households in Burkina Faso

This article investigates off-farm work decisions by smallholder farm households. Using data on 1,101 households from Burkina Faso, it demonstrates that in addition to the usual household socio-demographic characteristics, remittances, access to information and beneficiary of specific training affect off-farm work decisions, as well as rainfall factors and idiosyncratic health shocks. Community characteristics such as accessibility and number of inhabitants are also key factors. While suggesting that off-farm work is less likely to be undertaken for accumulation purposes, these results have important policy implications. In particular, policy measures should consider each segment as a separate entity.     

“The Lions of Tomorrow”: A News Value Analysis of Child Images in Jihadi Magazines

Abstract

This article reports and discusses the results of a study that investigated photographic images of children in five online terrorist magazines to understand the roles of children in these groups. The analysis encompasses issues of Inspire, Dabiq, Jihad Recollections (JR), Azan, and Gaidi Mtanni (GM) from 2009 to 2016. The total number of images was ninety-four. A news value framework was applied that systematically investigated what values the images held that resulted in them being “newsworthy” enough to be published. This article discusses the key findings, which were that Dabiq distinguished different roles for boys and girls, portrayed fierce and prestigious boy child perpetrators, and children flourishing under the caliphate; Inspire and Azan focused on portraying children as victims of Western-backed warfare; GM portrayed children supporting the cause peacefully; and JR contained no re-occurring findings.     

Three cheers for liberal modesty

ABSTRACT

Many liberals have been immodest in postulating that their own progressive, secular liberalism is the only one that can be justified in public reason. In Liberalism’s Religion, I articulate a more modest theory of liberalism and religion. While I personally endorse progressive secular liberalism, I argue that it is only one of the reasonable conceptions of liberal justice. This liberal modesty has profound, hitherto unnoticed implications for (i) the role of religious arguments in the public sphere, (ii) the legitimacy of religious establishment, and (iii) the justifiability of religious exemptions. In this article, I defend these three claims by providing replies to my critics.     

Women Sustaining Community: The Politics of Agro-Ecology in Quilombo Tourism in Southern Brazil

This article analyses how a gendered perspective on community-based tourism (CBT) contributes to the realisation of identity and sovereignty of quilombos. It examines the potential sustainability of CBT coupled with agro-ecological practices within the context of gendered identity politics. Drawing from in-depth ethnographic and archival research conducted between February and July 2015 at Campinho da Independência (Rio de Janeiro, Brazil), the article discusses how female leaders integrate sustainable agro-ecological practices and CBT with environmental education in what they call ‘ethno-ecological tourism’. This approach to CBT strengthens a proudly defiant version of Afro-Brazilian ethnic identity vis-à-vis the state.     

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.