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2021: The Offseason of Discontent


hrubes20

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Just now, THE DUKE said:

I'm curious if the current MLB contracts restrict them to competing outside of MLB, or if they "retired" from MLB if they would be free to play baseball elsewhere.  I would guess there is non-compete language in all contracts.

https://ipmall.law.unh.edu/sites/default/files/hosted_resources/SportsEntLaw_Institute/Uniform Player Contracts In The Various Leagues/mlb-contract.pdf

Here's the standard contract. Won't cover everyone, but will get you most of the way.

Relevant section:

Quote

Ability . 4.(a) The Player represents and agrees that he has exceptional and unique skill and ability as a baseball player; that his services to be rendered hereunder are of a special, unusual and extraordinary character which gives them peculiar value which cannot be reasonably or adequately compensated for in damages at law, and that the Player's breach of this contract will cause the Club great and irreparable injury and damage. The Player agrees that, in addition to other remedies, the Club shall be entitled to injunctive and other equitable relief to prevent a breach of this contract by the Player, including, among others, the right to enjoin · the Player from playing baseball for any other person or organization during the term of his contract

This is from a few CBAs ago, but I'm sure MLB would try to enforce that and it'd be up to the players to find a legal way out of it. I'd imagine there's other clauses in the larger CBA that would dissolve multiple contracts, or this would be challenged as unenforceable, it's not like this individual termination clause type thing would be logistically how they'd do it.

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15 hours ago, Slateman said:

No criminal charges against Bauer

As I predicted 5 months ago

Without getting political this something else that needs to be addressed, for all crimes. Full investigations are necessary and absolutely should happen, but the speed that a DA moves at sometimes is glaciel and there is harm even just by having a pending investigation. I certainly cannot and will not claim the DA here was too slow, but I do wonder what took this long when the woman presumambly revealed all the evidence to this judge who found no crime. What took 5 more months to look into?

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1 hour ago, mse326 said:

As I predicted 5 months ago

Without getting political this something else that needs to be addressed, for all crimes. Full investigations are necessary and absolutely should happen, but the speed that a DA moves at sometimes is glaciel and there is harm even just by having a pending investigation. I certainly cannot and will not claim the DA here was too slow, but I do wonder what took this long when the woman presumambly revealed all the evidence to this judge who found no crime. What took 5 more months to look into?

I can only reply as to my own office, but these are the main reasons why some cases take longer than others to make it to court (or not, if that is the decision I make):

1.  Priority - As much as we DAs want to say that crime is crime, a double homicide that happens at the same time as another crime is going to get attention first.  If there are multiple different homicides, the other matters just get pushed further down.  The other matters will ALWAYS get dealt with, but sometimes it may be awhile.  There is no question that society wants a murderer, or murderers, to be brought to justice as quickly as possible.  

2.  Discovery - Many times the information simply doesn't come that fast.  Cell phone companies have been the worst to deal with, in my experience.  I obtained a warrant for some cell records in a case.  Verizon took 8 damn months to get it to me.  TMobile took 6 months another time.  In both cases, the details of the phone records were integral to the charges ultimately being filed.  We obviously need to make sure that we have solid evidence before charging someone.  

3.  Law Enforcement - It's unfortunate, but sometimes and for whatever reason, law enforcement doesn't turn over a case for review for quite awhile.  I'm unaware of how other jurisdictions work, but no matter even makes it to my desk without law enforcement first requesting me to review.

4.  Support - As with any office, the number of employees at any given time will fluctuate.  Obviously the number of cases being handled is going to be much less if a DA office is down a deputy DA or two.  Then No. 1 comes into play even more.  

5.  DA Choice - This is probably just an extension of No. 1, but different DAs have different agendas.  They are usually based on the area in which they represent.  I personally live in an area where there is an inordinate amount of drunk driving; like way above the national average.  So I make it a point to get on those cases as quickly as possible to try and be at least a small deterrent to others who may be considering drinking and driving.  I would imagine a DA in rural Michigan would be charging every meth case immediately.  Again, a homicide or rape case would take priority over a drunk driving case.  But if I see a drunk driving case in my jurisdiction at the same time as a simple assault case?  I'm handling the drunk driving case first.  

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