Douglas E. Abrams, Sports in the Courts: The Role of Sports References in Judicial Opinions, 17 Jeffery S. Moorad Sports L.J. 1 (2010)
I was doing research the other day and came upon this law review article discussing the influence of sports and their references in judicial opinions. As a baseball fan, I have always noted how judges are referred to as umpires and certain other baseball references have made their way into how we talk about the law. In this article, the author runs through sports such as baseball, football, basketball, ice hockey, golf, soccer, track and field, boxing, and horse racing and analyzes how references to these sports have been used in judicial opinions. On the sport of baseball, the author used an example from the 5th circuit in Hoskins v. Wainwright that stated, “We step back into the batter's box, having allowed one to go by us and tipping another, in hopes that on our third and final swing we can avoid a judicial strike-out.” From referring to sports in their judicial opinions to use of baseball terms to refer to stages in litigation, it is interesting to see how judges may incorporate more popular examples into their writing. These may engage with readers more and help them to understand the topics or legal proceedings more thoroughly. If you are interested in seeing how sports have been referred to in judicial opinions, I would recommend skimming this article. Some of the examples are interesting to read about. I am always curious about the intersection of sports and the law and this gives another good example.
This was a very interesting post. I definitely think this helps engage the reader in ways they can easily understand and relate to.
ReplyDeleteBut as to baseball, which seems to be waning in popularity, will references to this sport in court opinions continue with the next generation or two? I have my doubts.
ReplyDeleteOne of the most cited Michigan family law appellate decisions uses a baseball box score reference (tallying runs, hits, and errors) as an example of how not to apply the dozen or so best interest factors in child custody cases. So yes, such references have been important in the past.
I definitely agree with you that judges are trying to engage with readers more. These references and analogies can definitely make these opinions easier for people to understand.
ReplyDeleteYour post reminded me of the Supreme Court case, Flood v. Kuhn, where Justice Blackmun wrote his "Ode to Baseball" which was several pages that mostly included just a list of what his top 50 players of all time were.
ReplyDeleteSlade,
ReplyDeleteI have also noticed how judges sometimes incorporate sports or other things into their opinions. I think that this is something that can make the opinions more interesting to some and sometimes even give them a way to understand the judges stance on a given topic. I personally am a big sports fan so I do like to see these references, however, I could see why some people may also think that sports references should not be included in judicial opinions.
Nice find Slade. I have always enjoyed an analogy in opinions as well. Whenever I have come across them they are always a breath of fresh air and a step back that helps to get a better sense of the issue.
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