Predictably Irrational meets Moneyball in ESPN veteran writer and statistical analyst Keith Law’s iconoclastic look at the numbers game of baseball, proving why some of the most trusted stats are surprisingly wrong, explaining what numbers actually work, and exploring what the rise of Big Data means for the future of the sport. For decades, statistics such as batting average, saves recorded, and pitching won-lost records have been used to measure individual players’ and teams’ potential and success. But in the past fifteen years, a revolutionary new standard of measurement—sabermetrics—has been embraced by front offices in Major League Baseball and among fantasy baseball enthusiasts. But while sabermetrics is recognized as being smarter and more accurate, traditionalists, including journalists, fans, and managers, stubbornly believe that the "old" way—a combination of outdated numbers and "gut" instinct—is still the best way. Baseball, they argue, should be run by people, not by numbers.? In this informative and provocative book, teh renowned ESPN analyst and senior baseball writer demolishes a century’s worth of accepted wisdom, making the definitive case against the long-established view. Armed with concrete examples from different eras of baseball history, logic, a little math, and lively commentary, he shows how the allegiance to these numbers—dating back to the beginning of the professional game—is firmly rooted not in accuracy or success, but in baseball’s irrational adherence to tradition. While Law gores sacred cows, from clutch performers to RBIs to the infamous save rule, he also demystifies sabermetrics, explaining what these "new" numbers really are and why they’re vital. He also considers the game’s future, examining how teams are using Data—from PhDs to sophisticated statistical databases—to build future rosters; changes that will transform baseball and all of professional sports.
In this groundbreaking book, Keith Law, baseball writer for The Athletic and author of the acclaimed Smart Baseball, offers an era-spanning dissection of some of the best and worst decisions in modern baseball, explaining what motivated them, what can be learned from them, and how their legacy has shaped the game. For years, Daniel Kahneman’s iconic work of behavioral science Thinking Fast and Slow has been required reading in front offices across Major League Baseball. In this smart, incisive, and eye-opening book, Keith Law applies Kahneman’s ideas about decision making to the game itself. Baseball is a sport of decisions. Some are so small and routine they become the building blocks of the game itself—what pitch to throw or when to swing away. Others are so huge they dictate the future of franchises—when to make a strategic trade for a chance to win now, or when to offer a millions and a multi-year contract for a twenty-eight-year-old star. These decisions have long shaped the behavior of players, managers, and entire franchises. But as those choices have become more complex and data-driven, knowing what’s behind them has become key to understanding the sport. This fascinating, revelatory work explores as never before the essential question: What were they thinking? Combining behavioral science and interviews with executives, managers, and players, Keith Law analyzes baseball’s biggest decision making successes and failures, looking at how gambles and calculated risks of all sizes and scales have shaped the sport, and how the game’s ongoing data revolution is rewriting decades of accepted decision making. In the process, he explores questions that have long been debated, from whether throwing harder really increases a player’s risk of serious injury to whether teams actually “overvalue” trade prospects. Bringing his analytical and combative style to some of baseball’s longest running debates, Law deepens our knowledge of the sport in this entertaining work that is both fun and deeply informative.
An unprecedented look inside the world of baseball scouting and evaluation from two of the industry's top prospect analysts For the modern Major League team, player evaluation is a complex, multi-pronged, high-tech pursuit. But far from becoming obsolete in this environment—as Michael Lewis' Moneyball once forecast—the role of the scout in today's game has evolved and even expanded. Rather than being the antithesis of a data-driven approach, scouting now represents an essential analytical component in a team's arsenal. Future Value is a thorough dive into baseball's changing world of talent acquisition and development, a world with its own language, methods, metrics, and madness. From rural high schools to elite amateur showcases, from the back fields of spring training to major league draft rooms, Eric Longenhagen and Kiley McDaniel break down the key systems and techniques used to assess talent. It's a process that has moved beyond the quintessential stopwatches and radar guns to include statistical models, countless measurable indicators, and a broader international reach. ?Practical and probing, discussing wide-ranging topics from tool grades to front office politics, this is an illuminating exploration of how to watch baseball and see the future.
The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In Political Repression, she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression? The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.
Throughout its 175-year history, the Indiana University Maurer School of Law has grown, diversified, and flourished to become of a nationally recognized law school. With strong and dedicated leadership, the school has emerged into the 21st century stronger than ever and has partnerships among with leading institutions in the world, and an alumni base that spans the globe. Preparing student for the practice of law, promoting the best interests of society, and taking a leadership role in providing solutions to the most pressing problems of society, are among the many achievements of the school and its faculty. Filled with historical photographs and engaging sidebars, this book tells the story of the individuals who built, sustained, and strengthened the Indiana University Maurer School of Law.
We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.
A documentary is being filmed. A cell phone rings, playing the "Rocky" theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? "Eyes on the Prize," the great civil rights documentary, was pulled from circulation because the filmmakers' rights to music and footage had expired. What's going on here? It's the collision of documentary filmmaking and intellectual property law, and it's the inspiration for this new comic book. Follow its heroine Akiko as she films her documentary, and navigates the twists and turns of intellectual property. Why do we have copyrights? What is "fair use"? Bound By Law reaches beyond documentary film to provide a commentary on the most pressing issues facing law, art, property and an increasingly digital world of remixed culture"--
Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.
In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.
The National Environmental Policy Act has grown more, not less, important in the decades since its enactment. No one knows more about NEPA than Lynton Caldwell. And no one has a clearer vision of its relevance to our future. Highly recommended." —David W. Orr, Oberlin College What has been achieved since the National Environmental Policy Act was passed in 1969? This book points out where and how NEPA has affected national environmental policy and where and why its intent has been frustrated. The roles of Congress, the President, and the courts in the implementation of NEPA are analyzed. Professor Caldwell also looks at the conflicted state of public opinion regarding the environment and conjectures as to what must be done in order to develop a coherent and sustained policy.
The classic and groundbreaking study of trial courts and other dispute processes — and foundational ways to think about researching them — is now available in a modern digital edition. It is edited by Professors Keith O. Boyum and Lynn Mather, and includes chapters from the leading theorists about courts and their research. Much cited and relevant today in how it frames the analysis of courts, this book's new republication features an additional Introduction and Afterword by the editors, with updates, and a new Foreword by Christina L. Boyd. As Boyd writes, “For nearly all civil and criminal cases the traditional model of court as a judge-dominated, formal adversary process of adjudication does not hold. What exists instead ... is so variable, complex, and dynamic that a proper study of courts must return to first principles. And that is precisely what an all-star list of interdisciplinary court scholars, many of whom have established storied careers as trial court experts, does so well within the chapters of this book.” She adds: “I find the text to be very contemporary. Empirical Theories About Courts’ design to focus on theory building rather than simply examining discrete datasets or engaging in data mining of a single set of observations is a key factor in the book’s longevity.” Quality ebook features includes linked Contents and notes, fully linked and paginated Index, proper formatting, and all of the tables and figures of the original properly presented. Part of the Classics of Law & Society Series from Quid Pro Books.
Contributors: Barry Boyer; Colin S. Diver; Daniel J. Gifford; Keith Hawkins; Peter K. Manning; Errol Meidinger; Robert L. Rabin; Paul Rock; and John M. Thomas.Few scholars have applied modern behavioral and organization theory to study U.S. regulatory agencies, and fewer still have integrated this approach with frameworks drawn from administrative law and analysis. This multidisciplinary collection combines detailed case studies with theoretical discussions drawing upon legal concepts, organizational analysis, and behavioral theory.
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantánamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.
Brook & Rowley’s Problems and Cases on Secured Transactions provides an updated problem-based approach to teaching and learning Article 9 of the Uniform Commercial Code. Using a problem-based approach, Brook & Rowley’s Problems and Cases on Secured Transactions 4th Edition engages students with imaginative scenarios while providing an accessible and manageable approach to personal property secured transactions, without avoiding the intricacies of UCC Article 9 or de-emphasizing its interplay with other UCC articles, selected state non-UCC law, or federal bankruptcy law. Designed for a standalone Secured Transactions course, but adaptable to other configurations, the book presents UCC Article 9 as completely comprehensible, even enjoyable, rather than as arcana that only an insider can be expected to understand. Cases have been thoughtfully selected and edited, and the authors’ textual discussion helps connect the cases to the problems and explores the materials’ practical (and practice-oriented) relevance. A good mix of shorter and longer problems gives each chapter a focused flow while frequently recurring characters and basic fact patterns help to reinforce how the lessons of each chapter build onto the more comprehensive whole mapped out in prior and upcoming chapters. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. New to the Fourth Edition: New co-author Keith A. Rowley brings a quarter century of experience teaching Secured Transactions, augmented by insights gained over nearly two decades of active involvement in the ABA Business Law Section and during his tenures as a Uniform Law Commissioner and as an elected member of the American Law Institute, in which capacity he actively consulted on the 2010 Amendments to UCC Article 9 and made several contributions to the 2022 UCC Amendments, which span the entire Code. New cases that replace statutorily obsolete or judicially superseded ones included in the prior edition or that augment cases carried over from the prior edition. Extensively edited and judiciously augmented textual materials. Extensively edited and judiciously augmented chapter problems. Corrected, replaced, and supplemented end-of-part multiple-choice review questions. Brief discussion of the 2022 UCC Amendments (which have only been adopted in a handful of states), as they relate to pre-amendment UCC Article 9. Professors and students will benefit from: Simple, straightforward organization of chapters and of material within each chapter that makes it easy to tailor assignments according to differing class credits and to the individual instructor’s coverage preferences. Textual introductions, direction to particular statutory sections and comments, and thoughtfully edited cases designed to focus student attention on the issues at hand. Interesting and engaging problems that encourage the students to prepare answers before class discussion, allowing the student to continually monitor their understanding of the topic being covered. Recurring characters and basic fact patterns help students to more readily bridge from one topic to the next and see the bigger picture of UCC Article 9 and how each chapter contributes to better appreciating that picture. Review Questions (with answers) at the end of each Part of the book that helps students gauge their comprehension of and facility with the material discussed over several chapters and help professors meet new ABA formative assessment requirements.
In this book, two leading scholars, a political scientist and an ethical philosopher, outline a new national policy for land use, and provide the legal, political, and ethical justifications for their proposed policies.
The Pharisees piled up a mountain of human made rules in their attempt to keep the law. But their fixation on the legal code ended up pushing them further away from the righteousness they sought to attain. In contrast, some modern Christians have abandoned the law in their pursuit of righteousness, declaring themselves liberated from outdated, unessential rules. So what role should Gods law have in the Christians life? What part does it play in the work of salvation? How does it relate to grace? In Laying Down the Law Keith Augustus Burton explores the law of God through the perspective of Jesus Christ. With each chapter he reveals the role of the law, clarifies common misunderstandings, and challenges traditional assumptions about the function of the law. Through Bible verses, personal stories, and insights into the culture and worldview of biblical times, you'll discover what the law reveals about God's character and His loving plan for us. Book jacket.
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
On June 25, 2013, the U.S. Supreme Court handed down its decision in Shelby County v. Holder, invalidating a key provision of voting rights law. The decision—the culmination of an eight-year battle over the power of Congress to regulate state conduct of elections—marked the closing of a chapter in American politics. That chapter had opened a century earlier in the case of Guinn v. United States, which ushered in national efforts to knock down racial barriers to the ballot. A detailed and timely history, The Rise and Fall of the Voting Rights Act analyzes changing legislation and the future of voting rights in the United States. In tracing the development of the Voting Rights Act from its inception, Charles S. Bullock III, Ronald Keith Gaddie, and Justin J. Wert begin by exploring the political and legal aspects of the Jim Crow electoral regime. Detailing both the subsequent struggle to enact the law and its impact, they explain why the Voting Rights Act was necessary. The authors draw on court cases and election data to bring their discussion to the present with an examination of the 2006 revision and renewal of the act, and its role in shaping the southern political environment in the 2008 and 2012 presidential elections, when Barack Obama was chosen. Bullock, Gaddie, and Wert go on to closely evaluate the 2013 Shelby County decision, describing how the ideological makeup of the Supreme Court created an appellate environment that made the act ripe for a challenge. Rigorous in its scholarship and thoroughly readable, this book goes beyond history and analysis to provide compelling and much-needed insight into the ways voting rights legislation has shaped the United States. The Rise and Fall of the Voting Rights Act illuminates the historical roots—and the human consequences—of a critical chapter in U.S. legal history.
Koocher and Keith-Spiegel introduce the reader to a variety of ethical and legal dilemmas that may arise for mental-health professionals working with children, adolescents, and their families. They offer advice on how to analyze problematic situations and arrive at appropriate decisions. A unique feature of the book is the inclusion of more than 130 vignettes drawn from court decisions and actual clinical incidents. Covering such topics as counseling in schools, psychotherapy in private practice, research in university laboratories, and testifying in court, the authors address a broad spectrum of concerns for professionals who attend to the mental health needs of children. Gerald P. Koocher is chief psychologist at Boston's Children's Hospital and an associate professor of psychology at Harvard Medical School. He is editor of the journal Ethics and Behavior and coauthor, with John E. O'Malley, of The Damocles Syndrome: Psycho-social Consequences of Surviving Childhood Cancer .
This book examines, from a behavioral perspective, the U.S. Supreme Court's exercise of the power of judicial review over Congress across two hundred years of the Court's history, testing the major competing theories in political science - the attitudinal model and the strategic approach - through systematic empirical analysis. Exploring the major trends in the Court's use of this power over time, the book examines a broad range of questions concerning the countermajoritarian nature of this power, and provides an analysis of each of the individual justices' behavior along several dimensions of the power, such as the use of judicial review to protect minority rights against majority intrusion. The book concludes that the Court has shown a high level of deference to Congress, with notable historic highs and lows, and generally that the exercise of the power has been less countermajoritarian than is usually assumed. Its analyses find the strongest level of support for the attitudinal approach to judicial decision making, but also concludes that strategic concerns cannot be dismissed, especially for the more recent Courts.
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