Saturday, August 31, 2013

Appeal from District Court's Denial of Exemption from PACER Fees Dismissed

The Ninth Circuit dismissed an appeal from the district court's denial of an ex parte application for an exemption from PACER fees (the fees associated with electronic access to federal court records) for lack of jurisdiction, holding that the denial was not a final decision under 28 U.S.C. Section 1291.  In Re: Application for Exemption from Electronic Public Access Fees,  No. 12-16373 (9th Cir. Aug. 29, 2013). 

Judge O'Scannlain, who wrote the opinion, also filed a concurrence acknowledging "the elephant in the room" -- if the denial was unappealable, to whom might one go for review? -- and suggesting that it "will be up to Congress to decide whether to fashion an appellate-review mechanism."   I'm not holding my breath.

PM 

August 31, 2013 in Federal Courts, Recent Decisions, Sports | Permalink | Comments (0)

Saturday, December 26, 2009

Davies on Baseball and Law

Professor Ross Davies (George Mason University School of Law) has posted "It's No Game: The Practice and Process of the Law in Baseball, and Vice Versa" on SSRN.  The article will be published in the Seton Hall Journal of Sports and Entertainment Law.

The abstract states:

It is a commonplace that the relationship between baseball and the law is a long and close one. But, first, is it true? And, second, if it is, just how long and how close? Strangely, given the large amount of good work produced by able scholars of baseball and the law, concrete answers to these basic questions are not readily available. This article is a first step toward filling that gap. It is a sketch of the length, breadth, and depth of the relationship between baseball and the law. (In order to tell a less-than-interminable tale, this article mostly tilts back and forth between recent years – evidence of the vibrancy of the baseball-law relationship today – and the late 19th and early 20th centuries – evidence that it has been vibrant for a long time – and deals only sketchily even with those periods. This should not be taken to mean that the baseball-law relationship was any less interesting at other times, or that there isn’t much more to be said about all times.) As should be clear by the end of this article, the answer to the first question is an emphatic and certain “Yes”: baseball and the law are close and have been for a long time. The answer to the second question, however, is an equally emphatic but far less certain “Very”: while there surely are both unrecognized extents and unmarked limits to the law-baseball relationship, we cannot define them without a fuller inventory and chronology – an old-fashioned digest – of the thousands upon thousands of events that make up the history of baseball and the law. Perhaps this article can serve as the kernel of such a project.

~clf

December 26, 2009 in Recent Scholarship, Sports | Permalink | Comments (0) | TrackBack (0)