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3 Willamette Sports L.J. 1 (2006)

handle is hein.journals/wlmsplj3 and id is 1 raw text is: A FIELDER'S CHOICE: How AGENCY LAW DECIDES THE TRUE OWNER OF THE 2004 RED Sox FINAL-OUT BASEBALL BRIAN E. TIERNEY* The Boston Red Sox, the symbol of heartbreak and human foible to sports fans for nearly a century, are world champions. No more curses. No more moral victories. No more 'next year. I. INTRODUCTION The minute hand crept toward midnight on October 27, 2004. A collective silence lingered over New England, as though the entire region had been holding its breath for the last eighty-six years. The Boston Red Sox had already made baseball history in the American League Championship Series (ALCS) where they came back from a three game deficit to sweep the final four games against their arch rival - the New York Yankees.2 Now the Red Sox were only one out away from sweeping the St. Louis Cardinals and clinching the World Series Championship that had eluded them for so long. With two outs in the bottom of the ninth inning, a runner on second and a 1-0 count, Red Sox closer Keith Foulke threw an 89 mph fastball letter high over the outside corner of home * Brian E. Tierney is a third-year law student at the University of Hawaii, William S. Richardson School of Law, and expects to earn his Juris Doctor in May 2006. The author would like to thank his brothers, Kevin and Steven Tierney, for their valuable input throughout the writing process. I Mike Dodd, Curse RIP: 1918-2004, USA TODAY, Oct. 28, 2004, at IC. 2 There's reason to grumble in the Bronx; Yankees' history seems little help as 3-0 lead slip away, Hous. CHRON., Oct. 21, 2004, at 16. 1

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