Major League Baseball Demands that the Houston Astros Rewrite Their Past

The 2012 season will mark the 50th anniversary of Houston’s National League team.  (Somewhat ironically, this happens just before the team is shifted to the American League.)  To commemorate this milestone, the Astros have scheduled a number of “throwback” games during the 2012 season.  In honor of the team’s entry into major league baseball as an expansion team in 1962, players on the team will wear uniforms from that inaugural season.

As many baseball fans know, the Astros was not the team’s original name.  That name was adopted only in 1965 when the team moved into its new park, the Houston Astrodome, then billed as the 8th Wonder of the World.  Prior to that, the team was known as the Houston Colt .45s, a name that made reference to the famous handgun associated with the “winning” of the American west.

Logically, in the “turn back the clock” games scheduled to honor the original Colts (as they were usually called), the current Astros will be wearing facsimiles of the original uniforms that featured the word “Colts” and a drawing of the famous handgun on the front of the jersey.  (See the accompanying photo.)

However, Major League Baseball has apparently refused to authorize the use of the original uniform design unless the Astros agree to remove the picture of the pistol from the jersey.  Under current operating rules, MLB apparently has the power to veto uniform modifications, and the Astros have indicated that they plan to comply with the request.

For the past several decades, the people who run MLB have claimed to have a deep respect for the game’s history.  This is certainly an odd way to show respect, and one has to wonder what will be next.   Perhaps ballpark walls will soon feature doctored photographs showing black players participating in major league games in the 1920’s and 1930’s.

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The Resurrection of the “Trespass” Element of Fourth Amendment Law

Recently, in United States v. Jones, the Supreme Court ruled that the attaching of a GPS tracking device to a suspect’s car without his knowledge and monitoring of the vehicle’s movements violated the suspect’s Fourth Amendment rights against unreasonable search and seizure.  See generally 132 S.Ct. 945 (2012).  In so doing, the Court resurrected an idea relating to Fourth Amendment law that had been dormant for almost 50 years – the idea of common-law trespass as a test for violations of the amendment.

Specifically, police officers obtained a warrant to put the tracking device on a car registered to Jones’ wife.  Jones, 132 S.Ct. at 948.  Officers then placed the GPS tracker on the undercarriage of the car while it was parked in a public parking lot.  Id.  The officers then monitored the car’s movements for 28 days.  Id.  Eventually, the Government indicted Jones on charges of (among other things) conspiracy to distribute and possess with intent to distribute cocaine.  Id.  Jones moved to suppress the evidence from the GPS device.  

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A Jewel in Our Midst

Throughout the history of legal education, there has been a consistent call for greater levels of experiential learning and especially clinical education in the law school curriculum. This call has received renewed strength in the Carnegie Report released in 2007. It reminds us again of the importance of building skills for lawyering, for serving as counselors to those who seek our assistance.

Marquette University Law School, for over thirteen years, has been polishing a gem that provides our students with a rich opportunity to some of the very skills required to be an effective lawyer (you might remember the list from the first blog…communication, listening, writing, negotiation and time management, to list only the top five survey responses). This gem is the Small Claims Mediation Clinic.

The Small Claims Mediation Clinic is housed in the Milwaukee County Courthouse and provides pro se litigants an opportunity to access student-led mediation services in an effort to resolve the disputes themselves. This program was the brainchild of former Wisconsin Supreme Court Justice Janine Geske and I have had the honor and privilege to work with Janine at the Clinic for several years and have served as the faculty member for a number of semesters.

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