A Crank on the Court: The Passion of Justice William R. Day

The Baseball Research Journal, Vol. 38, No. 2, pp. 94-107, Fall 2009

George Mason Law & Economics Research Paper No. 10-10

15 Pages Posted: 18 Feb 2010  

Ross E. Davies

George Mason University - Antonin Scalia Law School, Faculty; The Green Bag

Date Written: 2009

Abstract

There is an understandable tendency to date the Supreme Court’s involvement with baseball from 1922, when the Court decided Federal Baseball Club of Baltimore v. National League of Professional Base Ball Clubs – the original baseball antitrust exemption case. And there is a corresponding tendency to dwell on William Howard Taft – he was Chief Justice when Federal Baseball was decided – when discussing early baseball fandom on the Court. The first tendency is not only understandable, but also pretty much correct. The Court heard only a few baseball-related cases before 1922, and none was especially weighty from either a legal or a baseball perspective (although each was surely important to the people involved). The second tendency, while also understandable, is not so correct. Taft was a baseball fan, but he was neither the first nor the most fanatical on the Court that decided Federal Baseball, not by a long shot. William R. Day was, and here is why . . .

Keywords: Alito Blackmun Campaign, Charles Evans Hughes, Chicago Cubs, Cincinnati Reds, Edward D. White, Flood v. Kuhn, Griffith Stadium, John Marshall, Harlan Paul Stevens, Oliver Wendell Holmes, Oral Argument, Potter Stewart, President, SABR, Sotomayor, Vinson, Walter Johnson, Woodrow Wilson, World Series,

JEL Classification: K20, K21, K23, K40

Suggested Citation

Davies, Ross E., A Crank on the Court: The Passion of Justice William R. Day (2009). The Baseball Research Journal, Vol. 38, No. 2, pp. 94-107, Fall 2009 ; George Mason Law & Economics Research Paper No. 10-10. Available at SSRN: https://ssrn.com/abstract=1555017

Ross E. Davies (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

The Green Bag ( email )

6600 Barnaby St., NW
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United States

HOME PAGE: http://www.greenbag.org

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