Washington University Law Review

Article Title

Taking Pop-Ups Seriously: The Jurisprudence of the Infield Fly Rule

Authors

Neil B. Cohen, Brooklyn Law SchoolFollow
Spencer Weber Waller, Loyola University Chicago School of Law

Publication Title

Washington University Law Quarterly

Abstract

We propose to go beyond the common law origins of the infield fly rule and do what the author chose not to do: namely, explore the different spaces for an infield fly rule from the point of view of the great jurisprudential movements of the last hundred years. In so doing we conclude (i) that post-modern jurisprudence strongly suggests that the infield fly rule was far more socially constructed and historically contingent than previously acknowledged, and (ii) that it is much more difficult to be clever, funny, and insightful about law and baseball than it appears.

Recommended Citation

Neil B. Cohen and Spencer Weber Waller, Taking Pop-Ups Seriously: The Jurisprudence of the Infield Fly Rule, 82 Wash. U. L. Q. 453 (2004).
Available at: https://openscholarship.wustl.edu/law_lawreview/vol82/iss2/4