January 2008
Reading Around
The Essential Book for Every Golfing Lawyer
The Little Green Book of Golf Law, by John H. Minan; 250 pp.; paperback; $19.95 list; American Bar Association (2007).
by Howard L. Graham
John H. Minan, a professor of law at University of San Diego School of Law,1 has combined the two passions in his life, golf and the law, to create a memorable reading excursion into the favorite pastime of many lawyers — the game of golf. The Little Green Book of Golf Law — The Real Rules of the Game of Golf2 is written for a general audience with an interest in either of these subjects. Once read, few lawyer-golfers will ever walk on a golf course without being reminded of the legalities of the game.
The literary device the author uses to make this book so readable is a collection of 19 actual cases crafted into 19 short stories, presented in a style that O. Henry would have enjoyed. These cases track the 18 holes typically played in a “stipulated round” of golf, and a story for the favorite “hole 19” of all lawyers.3
I found the author’s unique ability as a storyteller well used in developing a very enjoyable read on the law of golf. Each of the 19 “stories” is supported by legal citations of the actual case giving rise to the story to satisfy the legal scholar’s quest for authenticity. The legal issues are highlighted by the inevitable wry humor that all great storytelling embraces.
The Little Green Book of Golf Law discusses a professional’s right of publicity, personal injuries occurring on and off the golf course, patent and trademark disagreements, a contract dispute involving a hole-in-one contest, a product liability case for a defective golf club, a criminal prosecution under the endangered species act, a fight with the Internal Revenue Service over tax deductions for golf-related expenses, and more.
The legal scholar who obsesses with golf’s legalities can go well beyond the discussion in the book and review the actual case, thanks to the foresight of the author’s inclusion of the citation of the official version of the case. For example, the official case involving Tiger Woods’s right of publicity is more than 40 pages of single-spaced text. In the book, this episode is of necessity condensed to several pages in length.
The “Inside the Rules” segment found at the end of each chapter is a valuable bonus supplementing the stories. Based on the interpretations of the Rules of Golf,4 by the United States Golf Association and the
Royal and Ancient Golf Club of Saint Andrews, the segments assist the reader who would like to become well-versed on the actual rules of the game.
Many of the cases discussed by the author indirectly raise questions about the rules or the decisions that are discussed in “Inside the Rules.” In Hennessey v. Pyne, for example, the plaintiff sued the defendant because the plaintiff was injured by a golf ball that was hit “out of bounds” by the defendant. The case provides an ideal opportunity to review the “out-of-bounds” rule. Another example is Zurla v. Hydel, where three golfers were playing together as a group. Most people would describe the group as a “threesome.” But, as the reader will discover, the rules define the term “threesome” differently than conventional usage.
The Little Green Book of Golf Law is a wonderful example of what a scholarly lawyer can accomplish when applying the law to the one of the more enjoyable pursuits of everyday life. Golfers, lawyers, and golf “widows,” as well as the non-golfing nonlawyer who enjoys great storytelling and would like to appear knowledgeable around the “19th hole,” would do well to add this book to their collection.
Howard L . Graham is an attorney practicing in Tacoma.
NOTES
1. John H. Minan, B.S. 1965, University of Louisville; M.B.A. 1966, University of Kentucky; J.D. 1972, University of Oregon.
2. Published by the American Bar Association. Available to purchase online at amazon.com.
3. A “stipulated round” consists of playing the holes on a golf course in their correct sequence unless otherwise authorized by the Committee. The number of holes in such a round is 18. Rules, definition of “Stipulated Round.”
4. The Rules of Golf (2006-2007).
