Baseball fans of a legal bent will find this lively study both maddening and illuminating.
Price fixing, union busting, collusion and criminality—and that’s just the beginning of this inside-baseball footnote to baseball history.
Banner (Law/UCLA; American Property: A History of How, Why, and What We Own, 2011, etc.) opens by calling professional baseball’s almost total exemption from antitrust law “one of the oddest features of our legal system,” not least because other sports—to say nothing of other industries—are governed by that body of law. Consider a system whereby a recent college graduate in computer programming would have to work for Microsoft, in a city of Microsoft’s choice; the illegal nature of such an enterprise would be immediately evident, even in our age, when corporations rule. Yet, because the Supreme Court, in an opinion written by Oliver Wendell Holmes in 1922, ruled that baseball was exempt from the Sherman Act, “because baseball was not a form of interstate commerce,” baseball players can be scooped up and sent wherever the owners deem best. But is not baseball a form of interstate commerce? Of course it is. Banner closely examines the origin of the idea that it is not, which represents yet another triumph of the owners. To call the author’s presentation opinionated is to risk understatement—at one point, he writes of Judge Kenesaw Mountain Landis, who delayed one antitrust suit, that pro baseball “was lucky enough to get a judge who put his love of the game above his professional obligations to follow the law”—but it is clear where his sympathies lie: with the players, the fans and the game itself, anywhere, it seems, except with the owners, who are the sole beneficiaries of the exemption. America’s game? The legal morass surrounding that exemption is as American as it gets—and, writes Banner, “it shows no signs of weakening.”
Baseball fans of a legal bent will find this lively study both maddening and illuminating.Pub Date: April 1, 2013
ISBN: 978-0-19-993029-6
Page Count: 300
Publisher: Oxford Univ.
Review Posted Online: April 28, 2013
Kirkus Reviews Issue: May 15, 2013
BOOK REVIEW
BOOK REVIEW
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
Greed, depravity, and serial murder in 1920s Oklahoma.
During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.Pub Date: April 18, 2017
ISBN: 978-0-385-53424-6
Page Count: 352
Publisher: Doubleday
Review Posted Online: Feb. 1, 2017
Kirkus Reviews Issue: Feb. 15, 2017
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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