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Media & Entertainment Law
: Sports Law Blog"Tie goes to the runner" and other myths
By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman
For now, I wanted to mention one thing that caught my eye. As far back as Little League, we learned (and constantly repeated whenever there was a close play) that "the tie goes to the runner." Apparently, this is false. Rule 7.01 states that "A runner acquires the right to an unoccupied base when he touches it before he is out." Thus, the runner is out unless he beats the throw and/or tag to the base.
This is an interesting example of default rules and burdens of persuasion in action. The default is that the runner is out unless he affirmatively beats the throw. In a sense, the runner has the burden of proof that he is safe and his failure to meet his burden (his failure to beat the throw) means he is out. Weber does not get into the origins or rationale for the rule or the origins of the myth. But it is one more thing that umpires do that we do not understand.
Full post as published by Sports Law Blog on May 16, 2009 (boomark / email).

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