Time for a Baseball Salary Cap?

Today, sources say that the New York Yankees signed free agent first baseman Mark Teixeira to a whopping eight-year contract totaling $180 million.  Teixeira is arguably the best non-pitcher free agent on the market (one could make an argument for Manny Ramirez, but it seems the market has focused more on Teixeira first).  This signing comes on the heels of the Yankees signing CC Sabathia to a seven-year contract worth $161 million and A.J. Burnett to a five-year contract worth $82.5 million.  Sabathia was hands-down the elite free agent pitcher, and Burnett was considered the second- or third-best free agent pitcher (depending on whether you ranked Derek Lowe above or below Burnett).  That’s an extraordinary $423.5 million on three guys, all in the last month.  And the Yankees got all three of them — three of the top five free agents on the market.  

Now, just because the Yankees are spending money like drunken sailors does not mean they will win.  Indeed, even with these signings, it appears that the Yankees may wind up with a smaller payroll than last year (when they failed to make the playoffs), when it stood at $222.2 million.  In fact, the Yankees’ payroll may wind up south of $200 million.  But this situation still strikes me as problematic for the longevity of Major League Baseball (MLB), especially in small- or mid-size markets.  

It leads to a debate which may be worth revisiting: That is, should MLB adopt a salary cap? 

Continue ReadingTime for a Baseball Salary Cap?

OKCU Law Under Fire for Alleged Gender Discrimination and Harassment

Oklahoma Not exactly the place you would expect to see issues of alleged gender discrimination and harassment in the workplace, but, of course, no employer is immune.

From NewsOK from earlier this week:

Four Oklahoma City University law professors submitted a confidential memo to the OCU attorney in October 2007 detailing alleged discrimination and harassment incidents.

It outlines allegations of sexual harassment, pay disparity and insensitivity.

The female professors also complained the OCU law school has no regular civil rights course, criminal law classes don’t cover rape, and the landmark abortion case Roe v. Wade is only covered sporadically in constitutional law.

The memo was sparked by two incidents: the alleged sexual harassment of two female professors at Dean Lawrence Hellman’s home in July 2007 and the all-male panel chosen for a Constitution Day program in September 2007.

Continue ReadingOKCU Law Under Fire for Alleged Gender Discrimination and Harassment

Seventh Circuit Week in Review, Part II: Attempted Enticement of a Minor

As I mentioned in the first installment of “Week in Review,” the Seventh Circuit decided two cases this past week arising from convictions for attempted enticement of a minor to engage in sexual activity.  As a general matter, one is not guilty of a criminal attempt unless one takes a “substantial step” towards the completion of the intended crime.  This is a rather vague standard, and courts have struggled to delineate exactly how far a person must travel down the criminal path in order to become liable for an attempt. 

Earlier this year, the Seventh Circuit addressed the question in another enticement case, United States v. Gladish, 536 F.3d 646 (7th Cir. 2008).  Gladish was caught in an Internet sting.  A government agent posing as a fourteen-year-old girl encountered Gladish in an Internet chat room.  After engaging in sexually graphic communications, the two “agreed” to have sex, resulting in Gladish’s arrest.  However, the Seventh Circuit determined that Gladish’s plan did not proceed far enough to support an attempt conviction: despite the agreement to have sex, there was never any specific time or place determined for the tryst.  Without something more than graphic Internet communications and a vague agreement, there was no “substantial step” and, hence, no attempt liability.

The two new opinions, both authored by Judge Wood, elaborate on the meaning of Gladish, but still leave the “substantial step” line more gray than black and white.

Continue ReadingSeventh Circuit Week in Review, Part II: Attempted Enticement of a Minor