The Common Scold

The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!



Duque_1Breaking news: Yippppee! My favorite pitcher, El Duque, has been offered arbitration. One of the most delightful moments of the 2004 season was Hernandez' Sept. 1 "dance" with CoCo Crisp. (Scroll down on the clip.) Also offered arb: Ruben Sierra and Jon Lieber (who's headed to the Phillies, so it's moot.)

But seven players were not, including three first basemen: John Olerud (sob), Tony Clark and Travis Lee. ("By not offering arbitration, the Yankees are not permitted to negotiate with the seven players until May 1, effectively ending their tenures in the Bronx," notes Yankees.com. This may signal that the Yanks are close to luring back the wildly popular Tino Martinez. Another possibility might be Toronto's Carlos Delgado, but the prospect of Delgado in NY raises issues that will warrant a nuanced discussion if he looks like a real possibility. I'd sure hate to lose Olerud, who exemplifies "ABC" ball and was quietly magnificent this year. One thing's almost a certainty: Jason Giambi won't be playing the post.

And they also didn't offer arb to Esteban Loaiza, not really a surprise, as he was a lousy trade, but he sure sizzled in the post-season.

P.S. If you haven't seen Vicki Quade's Late Night Catechism, I highly recommend it.

December 9, 2004 | Permalink


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