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My brother went to law school. He spoke about a ti...

Message posted on : 2010-02-01 - 11:34:24

My brother went to law school. He spoke about a time in which a classmate was 'stood up' in class top discuss a case. She obviously had not read carefully and struggled through the Socratic method used. At the end, the professor told her to put out both hands. He told her that in one hand she had the argument/synopsis she had just given and in the other she had a pile of @#$%. He asked her which one weighed more. She ran from the room crying.

While this may not be the norm, I think it is prevalent in a lot of places.

This was not a 'Tier-1' law school, by the way.

Posted By : Michael

I think that it is interesting in viewing the acti...

Message posted on : 2010-02-02 - 09:32:23

I think that it is interesting in viewing the actions of MLB Properties here and in reading the transcripts of the oral arguments in American Needle that little attention is being paid to the ultimate consumers of these products - the fans who purchase baseball cards and the hats with NFL logos. If you allow only one producer, what does that say about the monopoly grant of an exclusive license? Certainly the cost of baseball cards and NFL hats can be pushed upward. I realize that this might be more of a section 2 discussion than a section 1 discussion. If the NFL wins its point about single entity in American Needle, it might foreclose a section 1 challenge but not a section 2 challenge. The Curt Flood Act of 1998 might be strong support that MLB Properties can use to bolster its argument that all of the business practices of Major League Baseball except labor relations with major league players only (minor league players have no rights here)are protected by baseball's antitrust exemption. The baseball card market was really softened a number of years ago by the production of too much product. MLB Properties wants to let Topps become a monopolist again. For those of us who remember all of the legal issues surrounding Bowman and Fleer, this is an interesting twist. Also, the Haelen Labs case that gave birth to the 'right of publicity' draws from this same factual setting. It will be interesting to watch the developments here.
Posted By : Ed Edmonds

Thanks for the update and this post.

Message posted on : 2010-02-02 - 10:12:45

Thanks for the update and this post.
Posted By : Anonymous

What makes this case very interesting and unique i...

Message posted on : 2010-02-02 - 10:33:11

What makes this case very interesting and unique is that MLBP granted Topps an exclusive license and the MLBPA did not (and in fact issued a license to Upper Deck). Thus, apart from the antitrust issue is a possible counterclaim that MLBP is tortiously interfering with the MLBPA-Upper Deck contractual relationship as well as the contractual relationship between Upper Deck and its distributors.
Posted By : Rick Karcher

People still buy baseball cards? News to me.

Message posted on : 2010-02-02 - 11:49:25

People still buy baseball cards? News to me.
Posted By : Pbenn001

Does anybody still buy baseball cards?

Message posted on : 2010-02-02 - 12:21:05

Does anybody still buy baseball cards?
Posted By : Matt

Actually I still collect cards in earnest. I am o...

Message posted on : 2010-02-02 - 14:06:44

Actually I still collect cards in earnest. I am old enough that I can say I have been doing this for over 50 years less the four years that I was in college. The market has been flat even for vintage cards for about fifteen years. Donruss and Fleer are out of the picture leaving Upper Deck and Topps as the two main players. I do think that many 'collectors' lost interest when the appreciation value of cards bottomed out. Now you have autographs, pieces of bats and uniforms, and other memorabilia inserted into 'chase cards' to attract buying attention.

Rick makes a very good point about the Players Association. For years the PA's have used licensing revenue to create their strike fund. MLBPA was helped in their infancy by their licensing deals and one of the main sources was Topps, who paid players next to nothing back in the 1960s before Marvin Miller was hired. So, their desire to maintain their relationship with Upper Deck should not be minimalized.

Posted By : Ed Edmonds

Thank you, very interesting

Message posted on : 2010-02-03 - 08:52:23

Thank you, very interesting
Posted By : david

Calculation is not being. Main sequence. It's ...

Message posted on : 2010-02-03 - 13:29:37

Calculation is not being. Main sequence. It's all business. www.contestswinmoney.info
Posted By : Anonymous

Glad you enjoyed it Pbenn001. And,thanks, Ed. And ...

Message posted on : 2010-02-03 - 19:27:22

Glad you enjoyed it Pbenn001. And,thanks, Ed. And congrats to both of your teams...
Posted By : Gabe Feldman

Jay Reisinger makes a number of outstanding points...

Message posted on : 2010-02-03 - 22:15:40

Jay Reisinger makes a number of outstanding points about the salary arbitration system in his new blog posting. I have a new article out in the Marquette Sports Law Review that highlights much of what took place last year, the 35th anniversary of the first year of arbitration. Jay notes that Maury Brown and Greg Lucas see the results as always producing a loss for management. That perspective looks at the increase from the salaries earned by non-eligible players in a group without any leverage and, thus, earn only the league minimum or slightly above that. Lincecum's modest $650,000 salary last year has to be looked at in that light. The owners 'win' by an incredible amount with non-arbitration eligible players. That is unless you feel that all players are overpaid. I understand and appreciate the argument to a degree. However, if owning a baseball team was such a bad economic decision, owners can sell their teams and go into another business.

The salary-arbitration group has a chance to make a more competitive salary based on his performance on the field. It is a more appropriate market value although it is not nearly the same as a free agent. Jay goes into detail in his post. A salary arbitration-eligible player is still tied to one team. As Jay points out so well in his analysis of Matt Capps, if a team thinks that the projected figure through arbitration is one they are not happy with they can non-tender the player. The Pirates are paying Dotel $3,500,000. That is the same figure that the Nationals gave Capps plus Washington packaged incentives in the deal. Capps got a better deal as a non-tendered free agent than he probably would have gotten in arbitration.

Posted By : Ed Edmonds

The whole 'who dat' thing is ridiculous....

Message posted on : 2010-02-04 - 07:06:00

The whole 'who dat' thing is ridiculous. If it's so important, why did they wait 2 decades for the Saints to get good? The question of course is silly because the obvious answer is money.
Posted By : Dave Gross

The NFL knows a profitable opportunity when they s...

Message posted on : 2010-02-07 - 17:46:07

The NFL knows a profitable opportunity when they see it. The ‘Who Dat' phrase is a rare phenomenon. The entire city of New Orleans has taken a simple saying and turned it into a slogan for fans who root for the Saints. The NFL is, therefore, trying to gain the trademark. If the Monisteres really filed legally for a trademark, they will easily win. However, if they created a company but didn't get the correct trademark rights for the phrase, then the NFL can swoop in and claim it for themselves. They may know the phrase has no trademark rights attached to it or they are just taking a shot in the dark. The Monisteres must show they own the rights, or the NFL can show they own it and have the right to give ceast and desist orders. Regardless, it is bad publicity for them; especially since its the Super Bowl, and the team shouldn't alienate their fans in a time when every ticket or merchandise purchase helps keep the team operating sufficiently.
Posted By : Anthony Iozzo

Interesting why the NFL doesn't allow broadcas...

Message posted on : 2010-02-08 - 00:15:24

Interesting why the NFL doesn't allow broadcasts to the home stadiums of the member teams; how does this work for the leagues like the NHL, NBA, and college basketball do?
Posted By : Anonymous

Good its about time.

Message posted on : 2010-02-09 - 19:07:02

Good its about time.
Posted By : EbolaMuffins

The stakes of O'Bannon v. NCAA are enormous. I...

Message posted on : 2010-02-11 - 05:44:40

The stakes of O'Bannon v. NCAA are enormous. If O'Bannon and former student-athletes prevail or receive a favorable settlement, the NCAA, along with its member conferences and schools, could be required to pay tens of millions, if not hundreds of millions, of dollars in damages -- particularly since damages are trebled under federal antitrust law. The marketplace for goods may change as well, with potentially more competition over the identities and likenesses of former college stars.
Posted By : Pariuri Sportive

I noticed that people who argue the NASCAR isn&#39...

Message posted on : 2010-02-11 - 14:21:35

I noticed that people who argue the NASCAR isn't a sport don't look into it. Def: 'an athletic activity requiring skill or physical prowess and often of a competitive nature, as racing, baseball, tennis, golf, bowling, wrestling, boxing, hunting, fishing, etc.' from Dictionary.com
**Notice** how it said 'Racing'?
Plus, it takes mental capabilities and physical abilities. Not everyone can be a racecar driver.
Here's a bonus to you guys: ESPN has it on their channel, so guess what? It's a sport my friends.
They are athletes, they're not fat and lazy like you guys sitting around poking fun of it, these guys train a lot to do what they like.

Posted By : Anonymous

Hart won the arbitration hearing.

Message posted on : 2010-02-12 - 09:01:45

Hart won the arbitration hearing.
Posted By : Pbenn001

Here is my list of the decisions of Elizabeth Neum...

Message posted on : 2010-02-12 - 10:01:46

Here is my list of the decisions of Elizabeth Neumeier and John Sands.

Team Wins - 13

Dioner Navarro - Rays - 2009
Francisco Rodriguez - Angels - 2008
Joe Beimel - Dodgers - 2007
Kevin Gregg - Marlins - 2007
Sun-Woo Kim - Rockies - 2006
Rodrigo Lopez - Orioles - 2006
Alfonso Soriano - Nationals - 2006
Javier Vazquez - Expos - 2003
Neifi Perez - Royals - 2002
Osvaldo Fernandez - Reds - 2001
Charles Johnson - Orioles - 2000
Mariano Rivera - Yankees - 2000
Midre Cummings - Red Sox - 1999

Player Wins - 9

Shawn Hill - Nationals - 2009
Oliver Perez - Mets - 2008
Chad Cordero - Nationals - 2007
Todd Walker - Padres - 2007
Jack Wilson - Pirates - 2004
Sean Casey - Reds - 2001
Andruw Jones - Braves - 2001
Damian Miller - Diamondbacks - 2001
Scott Sullivan - Reds - 2000

John Sands

Team Wins - 4

Joe Beimel - Dodgers - 2007
Tony Tarasco - Orioles - 1998
Darryl Motley - Braves - 1987
Zane Smith - Braves - 1988

Player Wins - 2 Emil Brown - Royals - 2006
Ron Darling - Mets - 1987

Posted By : Ed Edmonds

I see that Adam MCalvy has already posted a story ...

Message posted on : 2010-02-12 - 10:44:24

I see that Adam MCalvy has already posted a story that Hart won his arbitration decision. That changes the panel records of the three arbitrators to 13-10 for teams for Neumeier; 4-3 for teams for Sands; and an even 1-1 for Skratek.
Posted By : Ed Edmonds

Here is some of my analysis of the 18 players in t...

Message posted on : 2010-02-12 - 11:02:15

Here is some of my analysis of the 18 players in the same service group. Francoeur and Willingham are two players that I think might have persuaded the panel to accept Hart's number. The Brewers are now 2-2 in their four arbitration hearings.

Jose Bautista signed with the Blue Jays for $2,400,000

Matt Diaz signed with the Braves for $2,550,000.

Although Diaz is in the same service class, he is four years older (31 to 27). He has played in 46 fewer games. Diaz has an excellent .310 career batting average with a .459 slugging percentage. Diaz injured himself in May 2008 and missed all but the final game of the season. The injury limited him to a .244 batting average and .264 OBP.

Ryan Church was non-tendered by the Braves. He signed with the Pirates for $1,500,000 with performance incentives based on plate appearances.

Josh Willingham signed with the Nationals for $4,600,000

Willingham signed for a figure nearer to Hart's requested salary. The Nationals are paying Willingham above Hart's midpoint with the Brewers. They are close in games, plate appearances (Willingham has more), and slugging percentage. Willingham has 20 more home runs but only 20 more RBIs. Willingham's batting average is nine points less, but his .362 OBP is much better than Hart's .326. Willingham has a substantial advantage in career walks (235-129 for Hart) and walks in the past two years (109 to 70 for Hart)

Gabe Gross was non-tendered by the Rays. He signed with the Athletics for $750,000 with performance incentives based on plate appearances.

Ryan Ludwick signed with the Cardinals for $5,450,000.

Ludwick has a similar number of games and batting average to Hart. However, he is ahead of Hart on slugging percentage and OPS. He is also ahead on home runs and RBIs while Hart has 155 more plate appearances. That said, Ludwick signed for $5,450,000. The Brewers offered Hart $4,150,000.

Scott Hairston was acquired by the Padres from the Athletics in a trade in January. He settled for $2,450,000 after exchanging figures ($2,100,000 - $2,900,000)

Jonny Gomes was non-tendered by the Reds. He is still unsigned although the Reds are considered a possibility if Gomes will accept a minor league deal.

Shane Victorino signed a 3-year deal with Phillies for $22,000,000.

Jeff Francoeur signed with the Mets for $5,000,000.

Francoeur has a similar lifetime batting average and a solid partial season with the Mets last year after his trade from the Braves to the Big Apple. He has four years of 155 or more games played. His average home runs per season are similar to Hart, and his slugging average is well below Hart's number. Both he and Hart are rightfielders, and a case can be made that they are similar fielders (.984 and .983 fielding percentage). Francoeur signed for an amount higher than Hart's request.

Laynce Nix was non-tendered by the Reds. Nix signed a minor league deal with Cincinnati.

Conor Jackson signed with Diamondbacks for $3,100,000.

Ryan Langerhans was non-tendered by the Mariners. He resigned with Mariners for $525,000.

Cody Ross is headed for a hearing with the Marlins. Ross made $2,225,000 last year. He requested $4,450,000, and the Marlins offered $4,200,000. The midpoint is $4,325,000. Ross has a lower batting average but two recent years of 22 and 24 home runs. He knocked in 163 runs in the past two years.

Jeremy Hermida settled with the Red Sox for $3,345,000 after exchanging figures ($2,950,000 - $3,850,000). Hermida's deal is $55,000 below the midpoint of $3,400,000. Hermida does not appear to me to be comparable to Hart.

Jeremy Reed was non-tendered by the New York Mets. He signed a minor league deal with the Blue Jays.

Cory Sullivan was non-tendered by the New York Mets. He signed a minor league deal with the Astros.

Posted By : Ed Edmonds

One other comparable player of note is Carlos Quen...

Message posted on : 2010-02-12 - 11:02:32

One other comparable player of note is Carlos Quentin. Quentin has service time of 3 years and 65 days. Like Hart, he is represented by CAA. Quentin signed for $3,200,000 on January 16, 2010, to avoid going to a hearing.
Posted By : Ed Edmonds

The Brewers General Managers and Previous Hearings...

Message posted on : 2010-02-12 - 11:43:48

The Brewers General Managers and Previous Hearings
2-12-2010

Doug Melvin was the GM for the Hart hearing held yesterday. It was his first hearing since becoming the GM in 2002.

Sal Bando was the GM for the hearings involving Jose Mercedes (1998) and Doug Fetters (1994). Bando had personal experience as a player with salary arbitration. He and Charles Finley locked horns in 1974 and 1975. Bando was 1-1 and the legendary owner of the A's.

Harry Dalton was the GM for the Brewers' first hearing involving Jim Gantner in 1991. Sal Bando became GM later that year. Gantner was represented by Ron Simon. Interestingly, Willie Randolph was an important bystander for that decision. Simon was quoted at the time as stating “‘It almost seemed like a situation where both parties would end up losing regardless of the decision' . . . The club has invited (second baseman) Willie Randolph to spring training and, if Gantner won arbitration and $2 million, you could be sure the club would release him, in view of the fact Randolph is available for much less money.'� “Gantner Loses in Arbitration, He'll Make $1 Million,� Madison, Wisconsin State Journal, February 20, 1991, 1D. See also, Jim Donaghy, “Gantner May Have Won Job By Losing,� St. Paul Pioneer Press, February 24, 1991.

Randolph played in 124 games for the Brewers in 1991 at age 36 after signing as a free agent on April 2 for $500,000. He had a .327 batting average in his next to last season while playing 121 games at second base. He was a designated hitter in two games. Randolph played for the Mets in 1992 after being granted free agency by the Brewers on the last day of October. Gantner, from the University of Wisconsin-Oshkosh and 38 years old, played in 140 games for the Brewers in 1991 turning in 90 games at third base and 59 at second base. Gantner also finished his career in 1992. In his last season for the Brewers, Gantner made $1,150,000.

Posted By : Ed Edmonds

Glad to hear from you. I posted a number of items...

Message posted on : 2010-02-12 - 13:55:17

Glad to hear from you. I posted a number of items today in the comments section.
Posted By : Ed Edmonds

While I appreciate the chance to review your analy...

Message posted on : 2010-02-12 - 16:27:40

While I appreciate the chance to review your analysis, I have a hard time following it because you bounce between statistics.

As you probably know, there are 'old school' statistics such as Batting Average, RBI, HR, fielding percentage, all-star selections, gold gloves, etc. There are also 'new school' statistics such as WAR, OPS+, Zone rating, etc.

The difference between which statistics you use is significant, especially in comparisons to Willingham. For example, in 'old school' categories, Hart is seen as a better player than Willingham. Hart's batting average, doubles (in less AB), triples (in less AB), stolen bases (in less AB),all-star selections, and fielding percentage are all higher than Willingham's.

However, in the 'new school' stats, Willingham shines. Willingham's OPS+ and OBP are both higher than Hart's. Additionally, Willingham's SB % is higher (it does look like Hart's a slightly better fielder though).

As a fan of the 'new school' statistics, I would say Hart is slightly inferior (but with more chance to improve) than Willingham. It is interesting that Hart won the appeal, as he seems to be slightly inferior and better paid than Willingham.

Posted By : Paul

Thanks for the comment, Paul, and you are correct ...

Message posted on : 2010-02-12 - 17:13:49

Thanks for the comment, Paul, and you are correct that I jumped about a bit. With the space limitations on a blog, I did not go into greater detail. I believe that generally the binders that are presented to the panel contain a side-by-side comparison of statistics. Much of what I hear and read from insiders is that you should keep the statistics simple and stay with the more familiar ones. The panelists are not necessarily experts. However, Elizabeth Neumeier is a veteran, and she has heard many different presentations. One thing to keep in mind is the importance of the midpoint. Because Willingham signed above the midpoint of the exchanged figures, even a slight variation in appraisal is important. The rule of thumb is that if the panel agrees that the data shows that you are valued at $1 above the midpoint, you should select the player's number. If it is $1 below, you go with the team's figure.

Hart's fielding has been pretty heavily attacked by many of the Brewers' fans who have blogged on this hearing. I do not watch some of these teams enough to get a real good feel for that and statistics on fielding are often deceptive.

Posted By : Ed Edmonds

personally, I have seen Hart play. A very nice per...

Message posted on : 2010-02-12 - 21:58:07

personally, I have seen Hart play. A very nice person, but plays lazy. I went to a Brewers game and he never even came close to trying to catch a catchable ball. He is not a good outfielder, I say, let him walk. There are other replacements out their. In todays economy, who really cares if he plays or not. Their are better players out there. He strikes out a lot.
Posted By : Anonymous

THANK YOU for posting this! I really like your bl...

Message posted on : 2010-02-12 - 21:59:23

THANK YOU for posting this! I really like your blog!!

Common Cents
http://www.commoncts.blogspot.com

ps. Link Exchange?

Posted By : commoncents

Hart's strikeout totals for the past two years...

Message posted on : 2010-02-13 - 09:04:26

Hart's strikeout totals for the past two years and his total plate appearances:

2008 - 109 strikeouts/657 plate appearances (16.59%)

2009 - 92 strikeouts/472 plate appearances (19.49%)

His career totals:

370 strikeouts/2015 plate appearances (18.36%)

Posted By : Ed Edmonds

Here is the my listing of the previous decisions o...

Message posted on : 2010-02-13 - 12:47:08

Here is the my listing of the previous decisions of the panelists in the Upton hearing:

Elizabeth Neumeier

Prior to Hearing - 13 Team Wins, 10 Player Wins

Team Wins

Dioner Navarro - Rays - 2009
Francisco Rodriguez - Angels - 2008
Joe Beimel - Dodgers - 2007
Kevin Gregg - Marlins - 2007
Sun-Woo Kim - Rockies - 2006
Rodrigo Lopez - Orioles - 2006
Alfonso Soriano - Nationals - 2006
Javier Vazquez - Expos - 2003
Neifi Perez - Royals - 2002
Osvaldo Fernandez - Reds - 2001
Charles Johnson - Orioles - 2000
Mariano Rivera - Yankees - 2000
Midre Cummings - Red Sox - 1999

Player Wins

Corey Hart - Brewers - 2010
Shawn Hill - Nationals - 2009
Oliver Perez - Mets - 2008
Chad Cordero - Nationals - 2007
Todd Walker - Padres - 2007
Jack Wilson - Pirates - 2004
Sean Casey - Reds - 2001
Andruw Jones - Braves - 2001
Damian Miller - Diamondbacks - 2001
Scott Sullivan - Reds - 2000

Elliott Shriftman

Prior to Hearing - 11 Team Wins, 5 Player Wins

Team Wins

Brian Fuentas - Rockies - 2008
Felipe Lopez - Nationals - 2008
John Patterson - Nationals - 2007
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006
Alfonso Soriano - Nationals - 2006
Jeremy Affeldt - Royals - 2005
Eric Gagne - Dodgers - 2004
Johan Santana - Twins - 2004
Carlos Beltran - Royals - 2003
John Rocker - Braves - 2001

Player Wins

Miguel Cabrera - Marlins - 2007
Kyle Loshe - Twins - 2005
A.J. Pierzynski - Giants - 2004
Damian Miller - Diamondbacks - 2001
Brian Hunter - Mariners - 2000

Gil Vernon

Prior to Hearing - 5 Team Wins, 6 Player Wins

Team Wins

Sun-Woo Kim - Rockies - 2006
Midre Cummings - Red Sox - 1999
Jay Bell - Pirates - 1992
Jerry Browne - Indians - 1991
R.J. Reynolds - Astros - 1990

Player Wins

Derek Jeter - Yankees - 1999
Jose Mercedes - 1998
Kevin Brown - Rangers - 1992
Jay Buhner - Mariners - 1992
Rafael Palmeiro - Rangers - 1992
Wally Joyner - Angels - 1991

Posted By : Ed Edmonds

One of the players that is close to B.J. Upton in ...

Message posted on : 2010-02-13 - 13:44:51

One of the players that is close to B.J. Upton in service time is Melky Cabrera. Cabrera signed in January with the Braves for $3,100,000.

Here is a statistical comparison:

2009

Stat - Upton - Cabrera

PA - 626 - 540
Runs - 79 - 66
HR - 11 - 13
RBI - 55 - 68
SO - 152 - 59
BA - .241 - .274
OBP - .313 - .336
SLG - .373 - .416

Career

Stat - Upton - Cabrera

PA - 2180 - 2148
Runs - 289 - 250
HR - 49 - 36
RBI - 226 - 228
SO - 526 - 246
BA - .266 - .269
OBP - .352 - .331

Certainly the exchanged numbers are close in the Upton case. If the Rays argued that Cabrera's numbers are comparable, and, that Cabrera had a much better 2009 season, which I think he did, the panel should chalk up this comparison as favoring the Rays' $3,000,000 offer because Cabrera's salary is below the midpoint of $3,150,000.

Posted By : Ed Edmonds

The Rays defeated Upton today and pushed their hea...

Message posted on : 2010-02-13 - 19:07:50

The Rays defeated Upton today and pushed their hearing record to 5-0.
Posted By : Ed Edmonds

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Message posted on : 2010-02-13 - 20:47:24

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Posted By : A.Batson

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Message posted on : 2010-02-13 - 20:47:56

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Albatson9.blogspot.com
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Posted By : A.Batson

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Message posted on : 2010-02-14 - 23:21:40

Thanks for posting. I'm really interested in attending this.
Posted By : Whitney

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Message posted on : 2010-02-15 - 03:39:36

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Posted By : Alex

I am not aware of an unrestricted free-agent outfi...

Message posted on : 2010-02-15 - 11:35:35

I am not aware of an unrestricted free-agent outfielder who is better than Hart and signed for less this off-season. That's the great part about young talent and the arbitration process (for the teams). (Matsui got slightly more (and can no longer play the OF) and there is also Byrd and Nady with the Cubs who probably are not as good).

Therefore, if Anonymous is a Brewer fan, he should want Hart patrolling the outfield, as I am not aware of another outfielder who is better and signed for less this off-season.

P.S. While strikeouts can be an issue, some of the best players in baseball strike out much more than Hart. For example, Ryan Howard, who has the highest arbitration amount ever ($10 million), has struck out over 190 times per season over the past 4 years, including one year where he led the league.

Posted By : Paul

The Ross panel is much less experienced than the p...

Message posted on : 2010-02-15 - 17:40:51

The Ross panel is much less experienced than the panel that decided the Upton case. According to my research, this is the first case for Howard Edelman. James Oldham's first hearing was last year, and he sided with the Rays in the Dioner Navarro case. This is the sixth case for Margaret Brogan. Prior to this hearing, her panels had decided three cases for teams and two for players. Here is her list:

Team Wins

Mark Loretta - Astros - 2008
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006

Player Wins

Chad Cordero - Nationals - 2007
Emil Brown - Royals - 2006

Posted By : Ed Edmonds

Paul - You have raised some good points. As to st...

Message posted on : 2010-02-15 - 19:44:37

Paul - You have raised some good points. As to strikeouts, you are correct that there are some really strong hitters with high strikeout totals. In fact, higher strikeout totals are part of the current game. So, this is when the management philosophy comes into play. What are the component parts of the lineup? How does this player fit into that scheme? Where does he bat in the order? Etc. At the percentage where Hart sits, I think the Brewers can make points with the panel by harping on those numbers. Particularly if you do not have the RBI numbers that a guy like Howard delivers each year.

Here is a list of National League leaders last year from Baseball-Reference.com -
1. Reynolds (ARI)- 223
2. Howard (PHI)- 186
3. Dunn (WSN)- 177
4. Cameron (MIL)- 156
4. Werth (PHI)- 156
6. Uggla (FLA)- 150
7. Hawpe (COL)- 145
8. LaRoche (TOT)- 140
8. Wright (NYM)- 140
8. Bourn (HOU) - 140

Posted By : Ed Edmonds

Cody Ross played a total of 151 games in the outfi...

Message posted on : 2010-02-15 - 21:07:35

Cody Ross played a total of 151 games in the outfield for the Marlins last year. He played 103 games in CF and 57 in RF. He started 100 in CF and 49 in RF. That is 64% and 67%. He did not play CF for the Tigers, Dodgers, and Reds, but he only played in a total of 30 games for those three teams, so that is not particularly relevant. Cameron Maybin spent the middle of last year in New Orleans, but the Marlins hope that he takes over in center this year sending Ross over to right field. So let us look at a few outfielders in the same service group as Ross: Conor Jackson, Jeff Franceour, Ryan Ludwick, Hunter Pence, and Josh Willingham.

Conor Jackson settled for $3,100,000 earlier this year. He should be headed back to the outfield with Arizona's signing of Adam LaRoche. Jackson missed much of last year due to Valley Fever so the Marlins might have trouble convincing the panel to put a lot of stock in Jackson as a comparable player. Jeff Franceour signed for $5,000,000. Franceour has significantly more plate appearances in his career, but the 2009 totals are not that dissimilar. Corey Hart won his hearing and received 4,800,000. When you compare Hart's offer from the Brewers with Ross' offer from the Marlins, the figures are only $50,000 apart. Hart's midpoint of $4,475,000 is slightly higher than the Marlins' offer to Ross. Here is where the order of hearings plays a part. Because Hart won his case last week, the Marlins now have to deal with this decision being positive for Ross' team. Ryan Ludwick signed with the Cardinals for $5,450,000. I think Ludwick's numbers are a good bit stronger than Ross, but his number is way above the conversation about Ross. Hunter Pence settled for $3,500,000 after exchanging figures with the Astros ($4,100,000 - $3,100,000). Pence has the edge in a number of categories, so his numbers all help the Marlins. Josh Willingham signed with the Nationals for $4,600,000. Willingham and Ross both had 24 home runs last year, and they also share the same career batting average.

The Hart decision and Franceour and Willingham's salaries could push this case towards Ross. The gap is so close that it makes it easy to justify either number, and this panel has heard only a total of six cases prior to today. If the players above form the heart of the group presented by both sides, I think that Ross might get the nod.

Posted By : Ed Edmonds

Paul - I thought I would glance at the Free-agent ...

Message posted on : 2010-02-16 - 10:57:20

Paul - I thought I would glance at the Free-agent Watch list on Sporting News Today regarding the outfielders in the market, and your observations about who was available. I see that Rick Ankiel signed for $3,200,000 with the Royals, and I would suspect that we both agree that Hart has better numbers. Although Ankiel did play all of the outfield positions last year for the Cardinals, he primarily plays center.

I also read a number of different views last night about where Hart's projected slot is in the batting order this year.

From what I have read, Hart is just not a great fan favorite with the bloggers. Most fans look at players who go to arbitration hearings as greedy. It seems to be no exception this year with Hart. Because he won, that will make him even more of a target for complaints if he does not get off to a good start. Further, players who go to hearings often are not in the best position concerning the general manager's view of the team future.

Posted By : Ed Edmonds

http://twitter.com/joecapMARLINS/status/9189425722...

Message posted on : 2010-02-16 - 11:21:19

http://twitter.com/joecapMARLINS/status/9189425722

Cody Ross won his hearing

Posted By : Pbenn001

I am reading reports this morning that Cody Ross d...

Message posted on : 2010-02-16 - 11:22:05

I am reading reports this morning that Cody Ross did win his hearing. That drops the Marlins to 3-5 in hearings. Here is a listing:

Team Wins

Kevin Gregg - 2007
A.J. Burnett - 2003
Vladimir Nunez - 2003

Player Wins

Cody Ross - 2010
Dan Uggla - 2009
Miguel Cabrera - 2007
Mark Redman - 2003
Charles Johnson - 1998

Posted By : Ed Edmonds

I recently came across your blog and have been rea...

Message posted on : 2010-02-16 - 23:13:17

I recently came across your blog and have been reading along. I thought I would leave my first comment. I don't know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

Alisha

http://pay-dayadvance.net

Posted By : susan

Ed, Can you explain what 'use a file-and-go...

Message posted on : 2010-02-17 - 11:10:32

Ed,

Can you explain what 'use a file-and-go philosophy' means?

Posted By : Paul

I'm not Ed, but 'file and go' means ...

Message posted on : 2010-02-17 - 11:57:32

I'm not Ed, but 'file and go' means that the team files their salary number and then they go to a hearing without negotiating anymore. Usually, teams negotiate with the player all the way up to the hearing (as the Giants did with Lincecum).
Posted By : Pbenn001

The Washington Nationals won their hearing with Br...

Message posted on : 2010-02-17 - 12:51:38

The Washington Nationals won their hearing with Bruney.
Posted By : Ed Edmonds

Thank you for explaining pbenn. Speaking of Lince...

Message posted on : 2010-02-17 - 14:08:47

Thank you for explaining pbenn.

Speaking of Lincecum, has it been determined why MLB was going to represent the Giants in the Lincecum hearing (before he agreed to a 2 year deal)?

I am also very interested in analysis of whether or not Lincecum would have likely won his hearing, as the amount requested ($13M) is unprecedented (for an arbitration). Some would correctly point out that his performance was also unprecedented.

If so, how would a panel make a determination when there are no comparables, with the closest being Ryan Howard, a hitter?

Posted By : Paul

The panel for the Bruney hearing was Dan Brent, Sy...

Message posted on : 2010-02-17 - 16:16:13

The panel for the Bruney hearing was Dan Brent, Sylvia Skratek, and Steven Wolf. With the Nationals' victory, Brent now has a panel record of 12 team wins and 4 player wins. Sylvia Skratek's record is now 2 team wins, and 1 player win. Steven Wolf's record is now 5 team wins and 4 player wins. Here are the historical lists for each arbitrator:

Dan Brent

Prior to Hearing - 11 Team Wins, 4 Player Wins

Team Wins

Brian Fuentes - Rockies - 2008
John Patterson - Nationals - 2007
Josh Paul - Rays - 2006
Eric Gagne - Dodgers - 2004
Johan Santana - Twins - 2004
A.J. Burnett - Marlins - 2003
Javier Vazquez - Expos - 2003
Neifi Perez - Royals - 2002
Esteban Yan - Rays - 2002
Danny Graves - Reds - 2001
Steve Parris - Reds - 2000

Player Wins

Kyle Lohse - Twins - 2006
A.J. Pierzynski - Giants - 2004
Jack Wilson - Pirates - 2004
Terry Adams - Dodgers - 2001

Sylvia Skratek

Prior to Hearing - 1 Team Win, 1 Player Win

Team Win

Jose Valverde - Astros - 2008

Player Win

Corey Hart - Brewers - 2010

Steven Wolf

Prior to Hearing - 4 Team Wins, 4 Player Wins

Team Wins

Dioner Navarro - Rays - 2009
Felipe Lopez - Nationals - 2008
Francisco Rodriguez - Angels - 2008
Jeremy Affeldt - Royals - 2005

Player Wins

Dan Uggla - Marlins - 2009
Oliver Perez - Mets - 2008
Todd Walker - Padres - 2007
Kyle Lohse - Twins - 2006

Posted By : Ed Edmonds

I have a reasonable risk of being hit by a foul li...

Message posted on : 2010-02-18 - 05:19:18

I have a reasonable risk of being hit by a foul line drive and therefore bring a glove or pay extra attention: part of the normal course of events, and therefore a known risk. I don't have a reasonable expectation that a pitcher will hurl a ball toward the stands/dugout (or, indeed, that a pitcher lacks the control that much that he will miss his target) without it being a matter of regular play.
Posted By : H. Guide

I see that Wandy Rodriguez lost his case. I was c...

Message posted on : 2010-02-18 - 11:19:53

I see that Wandy Rodriguez lost his case. I was certainly leaning this way although I did not post that before the result was announced so I cannot take credit for that predication.
Posted By : Ed Edmonds

Wouldn't the complaints about the track's ...

Message posted on : 2010-02-18 - 12:25:09

Wouldn't the complaints about the track's potential safety problems work against the plaintiff here? If they were discussed widely, that means the young man probably knew there were 'safety issues' in this case over and above the normal 'safety issues' that are involved with any luge run.

Nevertheless, he got on his slider and went down the hill.

Seems to me to weaken the argument that he did not assume the risk here...

Posted By : The Sports Curmudgeon

Paul - Here is a quotation about the file-and-go s...

Message posted on : 2010-02-18 - 13:30:05

Paul - Here is a quotation about the file-and-go strategy from my article, 'A Most Interesting Part of Baseball's Monetary Structure-Salary Arbitration in Its Thirty-Fifth Year.' The article just came out a few weeks ago and can be found on page 1 of volume 20 of the Marquette Sports Law Review (the discussion begins on page 28):

'In establishing an interesting strategy to deal with Evan Longoria and David Price, the Rays joined a small group of teams, including the Rays and Astros (it should also include the Marlins), to alter the dynamics of the arbitration process and force the player's hand with a strategy nicknamed “File-and-go.� Basically, after an agreement to accept arbitration, the team's position is to negotiate up to the point of exchanging figures. If the two sides cannot reach an agreement prior to the exchange, the team will no longer negotiate after numbers are filed but will instead proceed directly to the hearing. This philosophy was used by the Astros in 2008 with Mark Loretta and Jose Valverde and in 2009 by the Rays with Dioner Navarro and by the Marlins with Dan Uggla.'

Posted By : Ed Edmonds

The Angels avoided arbitration with shortstop Eric...

Message posted on : 2010-02-18 - 14:45:01

The Angels avoided arbitration with shortstop Erick Aybar, signing him to a one-year deal worth at least $2.05MM, according to Mike DiGiovanna of the LA Times. Aybar can earn $100K in bonuses if he makes 625 plate appearances this year.
Posted By : Pbenn001

I am guessing that the waiver has a choice of law ...

Message posted on : 2010-02-18 - 19:50:41

I am guessing that the waiver has a choice of law clause. But do you know for sure? Since the IOC is Swiss-based, I wonder if lawsuits are limited to Swiss courts and Swiss law. If so, would anyone knew the assumption of risk rules under that nation's laws?

I would like to bring up that question in my class.

Posted By : Mark Conrad

As the faculty advisor for three championship team...

Message posted on : 2010-02-18 - 21:12:46

As the faculty advisor for three championship teams and one finalist team at Loyola New Orleans, I want to congratulate the champions of this year's event. I have great memories of participating in this tournament that is so well organized and run at Tulane. I am also proud of the Notre Dame team that participated this year. Thanks, Gabe, for the post, and to all of the Tulane students that put in all of the time and effort to make this such a great competition each year.
Posted By : Ed Edmonds

Constant monitoring traffic system can improve a l...

Message posted on : 2010-02-19 - 09:19:22

Constant monitoring traffic system can improve a lot.
Posted By : Davar@Auto Accident Attorney

The Mathis panel was Margaret Brogan, Elliott Shri...

Message posted on : 2010-02-19 - 09:43:49

The Mathis panel was Margaret Brogan, Elliott Shriftman, and Steven Wolf. All three have already served on panels this year. Margaret Brogan was a member of the Cody Ross panel. Elliott Shriftman was a member of the B.J. Upton panel. Steven Wolf was a member of the Brian Bruney panel. So, this group is 2-1 in favor of the teams this year.

Here is a complete historical list for each arbitrator:

Margaret Brogan

Prior to Hearing - 3 Team Wins, 3 Player Wins

Team Wins

Mark Loretta - Astros - 2008
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006

Player Wins

Cody Ross - Marlins - 2010
Chad Cordero - Nationals - 2007
Emil Brown - Royals - 2006

Elliott Shriftman

Prior to Hearing - 12 Team Wins, 5 Player Wins

Team Wins

B.J. Upton - Rays - 2010
Brian Fuentas - Rockies - 2008
Felipe Lopez - Nationals - 2008
John Patterson - Nationals - 2007
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006
Alfonso Soriano - Nationals - 2006
Jeremy Affeldt - Royals - 2005
Eric Gagne - Dodgers - 2004
Johan Santana - Twins - 2004
Carlos Beltran - Royals - 2003
John Rocker - Braves - 2001

Player Wins

Miguel Cabrera - Marlins - 2007
Kyle Loshe - Twins - 2005
A.J. Pierzynski - Giants - 2004
Damian Miller - Diamondbacks - 2001
Brian Hunter - Mariners - 2000

Steven Wolf

Prior to Hearing - 5 Team Wins, 4 Player Wins

Team Wins

Brian Bruney - Nationals - 2010
Dioner Navarro - Rays - 2009
Felipe Lopez - Nationals - 2008
Francisco Rodriguez - Angels - 2008
Jeremy Affeldt - Royals - 2005

Player Wins

Dan Uggla - Marlins - 2009
Oliver Perez - Mets - 2008
Todd Walker - Padres - 2007
Kyle Lohse - Twins - 2006

Posted By : Ed Edmonds

Paul, I am not familiar with the fact that MLB wa...

Message posted on : 2010-02-19 - 09:48:09

Paul,

I am not familiar with the fact that MLB was going to represent the Giants during the hearing, so I cannot speak to that. Let me know if you have a link to that somewhere.

It's not a matter of it Lincecum would have gotten $13 million at his hearing. It all comes down to the midpoint of the two figures, which, in this case, was $10.5 million. So, as long as his agent/representative could prove that he was worth one penny more than $10.5 million, he would win his case and get $13 million. As you said, his performance was unprecedented, so I would hazard a guess and say that he would have most likely won his hearing.

I'm really surprised that he only signed a 2 year deal with the Giants considering Verlander and Felix Hernandez signed multi-year deals worth a lot of money this offseason.

As far as comparables, his representatives would have to use pitchers as you really cannot compare pitchers to hitters since they are essentially apples and oranges. So, you would have to just compare him to pitchers with 1 year more/less in service time and use their performance numbers (ERA, WHIP, etc.) and Awards to compare Lincecum to those pitchers. I think the comparisons would be favorable to Lincecum since his ERA and everything else is so low and he has multiple Cy Youngs as well. This is why I think he'd prevail.

I hope I answered everything that you asked. If not, let me know.

Posted By : Pbenn001

The Nationals won their arbitration case against l...

Message posted on : 2010-02-19 - 10:02:14

The Nationals won their arbitration case against lefty reliever Sean Burnett, tweets MLB.com's Bill Ladson. He'll earn $775K as opposed to $925K in his first arbitration year. By beating Burnett and Brian Bruney this week, the Nats saved $500K.
Posted By : Pbenn001

According to my research, Jeff Mathis has two comp...

Message posted on : 2010-02-19 - 11:07:09

According to my research, Jeff Mathis has two comparable catchers in his same service group that could push the panel towards the Angels' figure of $700,000. Humberto Quintero of the Astros signed for $750,000, and Koyie Hill of the Cubs signed for $700,000. I think the Angels get the nod here. If so, that would push Elliott Shriftman's panel decision numbers to 13-5 in favor of the teams.
Posted By : Ed Edmonds

Paul - Let me follow up on the Pbenn posting. Man...

Message posted on : 2010-02-19 - 12:10:00

Paul - Let me follow up on the Pbenn posting. Many teams hire a firm to represent them at hearings. Adam Lupion at Proskaeur Rose has handled the following successful cases according to the information on the firm's website - Navarro (Rays), Fuentes (Rockies), Beltran (Royals), and Burnett (Marlins). I also suspect that he handled part of the Rays' presentation involving B.J. Upton because Marc Topkin of the St. Petersburg Times mentioned Proskaeur's involvement in one of his articles on the hearing.

Also, Tal Smith, the former GM of the Astros, has a firm, Tal Smith Enterprises, that handles cases for management. I think he was involved in the Wandy Rodriguez case that the Astros won earlier this week.

Pitchers and multi-year deals are an interesting discussion. In the law review article that I plan to write about this year, I will consider that issue involving Tim Lincecum. The Giants offered a 3-year, $37,000,000 deal. The Lincecum team countered with a similar term but a figure north of $40,000,000. The deal that was signed was for 2 years with the Giants' arbitration figure of $8,000,000 for this year and the Lincecum arbitration figure of $13,000,000 for the following year plus a $2,000,000 signing bonus pro-rated over both years.

With Lincecum's 'violent' motion and the number of innings he has pitched in his short major league career, the Giants might be concerned about his durability. The Yankees refused to give Chien-Ming Wang a multi-year deal in 2008 because of their concerns about giving such deals to any young pitcher. That proved to be a wise decision from their perspective. So, the Giants were happy to lock up Lincecum for two years, and Lincecum and his advisors are rolling the dice that he will have two great years. If he does have two great years, he will be in a solid position to force the Giants into either working out a tremendous multi-year deal at that point or just accepting the fact that he will become a free agent after he reaches that service time point because the Giants just cannot afford to pay him what the Yankees or the Red Sox or a similar team can afford to give him. For a comparison of this look into the history of the Twins and Johan Santana.

Many of the people that I have read writing about the Lincecum case thought that he had a good chance of getting the $13,000,000 figure based on the analysis in the Pbenn posting about the midpoint. When Ryan Howard went to arbitration and won this $10,000,000 figure in 2008 ($7,000,000 was the Phillies' number), I was really surprised. Not so much over the value of Howard who had a similar problem with finding a comparable beyond Albert Pujols at the same point in his career, but with my thought that an arbitration panel would just not jump from Howard's $900,000 salary in 2007 to $10,000,000.

Harold Reynolds on MLB Network argued that it will be easier for Lincecum to argue his case after 2011 when he is at $13,000,000 than it was this year to move from $650,000 to either the Giants or Lincecum's figure. Keep in mind that the Giants agreed to a 7-year, $126,000,000 deal with Barry Zito covering 2007-2013.

Posted By : Ed Edmonds

Jeff Mathis won his arbitration hearing with the A...

Message posted on : 2010-02-19 - 14:14:30

Jeff Mathis won his arbitration hearing with the Angels and will earn $1.3MM instead of the $700K salary the club offered, according to Maury Brown of the Biz of Baseball.
Posted By : Pbenn001

I am reading Lisa Watson's article on MLB.com ...

Message posted on : 2010-02-19 - 15:38:05

I am reading Lisa Watson's article on MLB.com about Jeff Mathis' victory over the Angels. I certainly picked the wrong winner here. However, as always, I was not in the room to hear the presentations. Plus, I have been humbled in the past trying to predict an outcome. Perhaps the panel was really taken by the defensive ability of Mathis because usually a .200 career average and two consecutive seasons at .211 and .194 is enough to push the panel to the team's offer. So, with Ryan Theriot and Cubs holding their hearing today, we will end up with a total of 8 hearings this year.
Posted By : Ed Edmonds

Thank you for posting this! I really like your bl...

Message posted on : 2010-02-19 - 17:51:17

Thank you for posting this! I really like your blog!!

Common Cents
http://www.commoncts.blogspot.com


ps. Link Exchange?

Posted By : commoncents

Howard - I enjoyed your post, and I am sure that y...

Message posted on : 2010-02-20 - 10:58:01

Howard - I enjoyed your post, and I am sure that you have been following the resulting controversy over American Evan Lysacek's narrow victory over Russian Evgeni Plushenko in the men's competition. Plushenko was bitter about the defeat and the new system of scoring. Plushenko argued that Lysacek should not have won because he did not do a quad in his free skating routine.

One law school activity that this reminds me of is the scoring of moot court competition arguments. Often, the judges are presented with a lengthy list of scoring options (e.g. answers to questions, structure of the argument, attitude toward the judges, use of authority). Often the judges decide who they thought was the best advocate and make the numbers fit the desired result.

Canadian Patrick Chan, who finished fifth, has been quoted as siding with Lysacek. Now many other veterans of the skating scene are offering their opinions on where the new system has taken the sport.

Posted By : Ed Edmonds

I see that Carrie Muskat of MLB.com and Bruce Levi...

Message posted on : 2010-02-20 - 11:06:22

I see that Carrie Muskat of MLB.com and Bruce Levine of ESPNChicago.com just reported that the Cubs defeated Theriot. That decision moves the Cubs to 4-2 in their arbitration history, and it leaves the owners, as usual, with the annual cumulative victory, 5-3.
Posted By : Ed Edmonds

The arbitration panel in the Theriot hearing was M...

Message posted on : 2010-02-20 - 14:57:32

The arbitration panel in the Theriot hearing was Margaret Brogan, John Kagel, and Elliott Shriftman.

If my research is correct this is the first hearing and decision for John Kagel since 1986. John Kagel's father Sam Kagel, who died at age 98 in 2007, was a long-time arbitrator for the National Football League, and he was involved in the 1982 players' strike.

Here is the line for each arbitrator afer the Theriot decision.

Margaret Brogan

After the Hearing - 4 Team Wins, 4 Player Wins

Team Wins

Ryan Theriot - Cubs - 2010
Mark Loretta - Astros - 2008
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006

Player Wins

Jeff Mathis - Angels - 2010
Cody Ross - Marlins - 2010
Chad Cordero - Nationals - 2007
Emil Brown - Royals - 2006

John Kagel

After the Hearing - 3 Team Wins, 0 Player Wins

Team Wins

Ryan Theriot - Cubs - 2010
Gary Pettis - Angels - 1986
Carlos Diaz - Dodgers - 1985

Elliott Shriftman

After the Hearing - 13 Team Wins, 6 Player Wins

Team Wins

Ryan Theriot - Cubs - 2010
B.J. Upton - Rays - 2010
Brian Fuentas - Rockies - 2008
Felipe Lopez - Nationals - 2008
John Patterson - Nationals - 2007
Rodrigo Lopez - Orioles - 2006
Josh Paul - Rays - 2006
Alfonso Soriano - Nationals - 2006
Jeremy Affeldt - Royals - 2005
Eric Gagne - Dodgers - 2004
Johan Santana - Twins - 2004
Carlos Beltran - Royals - 2003
John Rocker - Braves - 2001

Player Wins

Jeff Mathis - Angels - 2010
Miguel Cabrera - Marlins - 2007
Kyle Loshe - Twins - 2005
A.J. Pierzynski - Giants - 2004
Damian Miller - Diamondbacks - 2001
Brian Hunter - Mariners - 2000

Posted By : Ed Edmonds

My guess about why we don't have the controver...

Message posted on : 2010-02-20 - 17:18:40

My guess about why we don't have the controversies about moguls and halfpipe is twofold: First, these are new, um..., activities. They postdate the era of the East German judge, so we tend not to think of them this way. Second, Americans consistently do well in these activities. From the American perspective, it ain't broke.

What I find more interesting about these 'is it a sport' discussions is the huge linguistic revisionism implicit in the discussion, almost certainly unintentional. There have been weekly sporting journals in the U.S. since the early 19th century. Look at an issue from, say, 1850 and you will find what they consider sport: horse racing (both thoroughbred and harness). A 'sportsman' bred horses and bet on races. Another sense of 'sportsman' from that era was someone who hunted and fished recreationally. Teddy Roosevelt (to pick an example from a bit later) was a sportsman.

Organized team sports began their rise in the 1850s: first cricket, then baseball. These were included among 'sports', as were early appearances of track and field (called 'athletics' back then) and rowing and a whole host of others.

What I see nowadays in these 'what is a sport' discussion is an attempt not merely to exclude johnny-come-lately stuff like synchronized swimming and ice dancing, but also stuff that has always been classified as sport. Give it your best shot, but say that hunting isn't a 'sport' and the hunters have a pretty darned good argument that you are just making stuff up. (They also are armed, so be extra careful!)

Posted By : Richard Hershberger

Hmmm . . . I had not thought of how hunting fits h...

Message posted on : 2010-02-20 - 23:26:01

Hmmm . . . I had not thought of how hunting fits here, because we don't really do it competitively (at least not anymore), which has become part of our modern definitions. I would put biathlon (the one with shooting) as sport, I think . . .

I actually don't believe my argument necessarily excludes johnny-come-lately stuff, if that stuff involves large motor skills and objective scoring. So, for example, 'Snowboard Cross,' a new event that the Americans do well in, would unquestionably qualify as sport. In fact, that is an event I particularly enjoyed watching this year.

Posted By : Howard Wasserman

Michael - I posted a comment on Jay's blog sit...

Message posted on : 2010-02-22 - 08:42:52

Michael - I posted a comment on Jay's blog site last night about his reflection on last Friday's press conference. I won't repeat it here because I hope our readers will go and look at Jay's site. They might even read my comment there.

Let me add something in the way of a response to your statement on this blog this morning. If all Tiger needed to do was address in public his wife, family, and friends, what he did is OK. A written apology, in my opinion, would have garnered even more negative 'it was too scripted' comments from many.

My initial reaction this morning about what I wanted to say was that Tiger should have done this earlier. However, if Tiger actually had to come to grips with his behavior being truly wrong maybe it took this long to get to that point.

Whatever Tiger did, he would be criticized - see my comment on Jay's site.

Posted By : Ed Edmonds

You should see the pay here in England!

Message posted on : 2010-02-23 - 08:53:31

You should see the pay here in England!
Posted By : EnglandsCaptain

Michael - I spent some time thinking about this ye...

Message posted on : 2010-02-24 - 15:54:11

Michael - I spent some time thinking about this yesterday and reading some newspaper articles. Certainly Canada, as a former Commonwealth country, has assumption of risk jurisprudence. Most United States jurisdiction have adopted a form of comparative negligence although it is, in my mind, more on the damages side than a true variation of the civilian form. We could consider here whether or not this situation is primary or secondary assumption of risk as explained in Knight v. Jewett. Although the waiver might preclude any discussion of assumption of risk or contributory negligence (because of the stated driver error here), I wonder if we would consider a different legal analysis if this incident happened in France, for instance.
Posted By : Ed Edmonds

Well done on the article! I think you capture the ...

Message posted on : 2010-02-24 - 16:02:33

Well done on the article! I think you capture the civil side of things in a way that I haven't seen anywhere else. Also congrats on getting it published on SI.com, that's no small deal.
Posted By : Bama Legal

Spot on about Rule 6.05(j). Bruce Weber vastly ov...

Message posted on : 2010-02-25 - 01:36:42

Spot on about Rule 6.05(j). Bruce Weber vastly oversimplifies this issue.
Posted By : Anonymous

Nice blog keep on posting...

Message posted on : 2010-02-25 - 06:32:56

Nice blog keep on posting...
Posted By : Pool Tables UK

Thanks for these comments. Ed, I agree, it would ...

Message posted on : 2010-02-25 - 18:16:16

Thanks for these comments.

Ed, I agree, it would be really interesting if the claims were heard under a civil law system as in France (or in Germany or the Netherlands etc). I've had J.D. students in my torts class from France and they told me that, conceptually, torts is the most distinctive course of the first year curriculum. Actually, for the same reason, it might be interesting if the dispute arose in Louisiana, even if it blends in common law components.

Bama Legal, thank you for the kind words.

Posted By : Michael McCann

Ed, I think you're right that Tiger would be ...

Message posted on : 2010-02-25 - 18:17:32

Ed,

I think you're right that Tiger would be criticized no matter what, though I personally think a written apology would have certain advantages, including making the issue seem smaller than the media has made it out to be (though I concede that would be a risky strategy).

Posted By : Michael McCann

Thanks for the response, Michael. When I was at L...

Message posted on : 2010-02-25 - 22:18:53

Thanks for the response, Michael. When I was at Loyola New Orleans, we had distinct civil law and common law courses and a dual track. I remember a number of faculty meetings where we discussed the distinctive nature of different courses (e.g., Obligations and Contracts). I often heard my colleagues advance property as the most conceptually different, but I agree that aspects of duty-risk analysis in civil law torts is conceptually different from the common law approach. That is one of the reasons that I think an analysis of foul ball or hockey puck injuries to fans should concentrate on an analysis of what duty is owed to a plaintiff as opposed to their assumption of risk. The duty owed is to offer protection around the area around home plate or near the goals in hockey.

The Louisiana system is truly a hybrid because procedure is largely based on our common law concepts. I know that certain of my colleagues felt that this had a substantial impact on the civil law heritage in Louisiana. I personally grew to think that forced heirship was a superior conceptual framework to our common law system, but I lived in Louisiana when that system was altered by the legislature. That is one reason that I think it is interesting that a majority of states have adopted a comparative negligence scheme but still cannot let go of contributory negligence and assumption of risk, particularly primary assumption of risk.

Posted By : Ed Edmonds

Interesting! Thats pretty cool! I love to blog but...

Message posted on : 2010-02-26 - 11:04:59

Interesting! Thats pretty cool! I love to blog but only on good subjects.Like this one for instance! Can't wait till you post something else.
Posted By : sachin

Under the narrow definition, is there any activity...

Message posted on : 2010-02-26 - 22:34:01

Under the narrow definition, is there any activity other than conventional team sports which qualifies? (Curling is a team sport, but not quite in the same way that baseball and football are.) My major objection to the narrow definition is that it redefines 'sport' to mean 'team sport.' (Are there any team sports which do not qualify? Relay races, I suppose, but again, these aren't quite team sports in the same way.)

If someone prefers team sports over other sporting activities, that is fine. But to proffer a sweeping redefinition of the word 'sport' to justify this preference seems over-broad.

For what it is worth, look at the sporting press from the late 1850s--the first great expansion of the sporting press beyond horse racing--and you will find curling included among the winter activities reported.

You'll find baseball as well, but that was on ice skates. This fad has inexplicably failed to rematerialize.

Posted By : Richard Hershberger

What about this? A sport requires that its participants perform a movement

Message posted on : 2010-02-27 - 01:04:08

What about this? A sport requires that its participants perform a movement with the intention of affecting a certain outcome, AND there must be room for improvement in the movement that leads to improvement at the sport.

So, chess and poker are out. Curling is in, but so are track, swimming, and other non-team sports. There are still a few gray areas here-- horse racing, for example-- but this offers a more precise benchmark of physicality.

Posted By : Anonymous

Don't forget the comparable situations in the ...

Message posted on : 2010-02-27 - 08:59:53

Don't forget the comparable situations in the Summer Olympics--gymnastics (both) and synchronized swimming, like figure skating, has had problems with judging in its past, but other sports (namely diving) have not had nearly the problems.

So, why would the IOC--for example --want to include things like ballroom dancing and (yes, believe this one) pole dancing (?!?!?), thereby causing more headaches?
( I know--someone might use weightlifting as the counter, but there the problem has been use of drugs as opposed to judging whether a lift is good or not.)

Short-track speed skating seems to have it's problems with judging as well; name another sport where the head referee in a final is from the same country as any of the finalists...? (And, before there are any complaints: Yes, the call on Ohno was correct!)

Posted By : Anonymous

I am not certain that this issue will prompt Congr...

Message posted on : 2010-02-27 - 14:30:59

I am not certain that this issue will prompt Congress to look at its SBA antitrust protection for the NFL or the NFL's 501(c)(6) status. I do think that the union, if it has finally taken a real interest in this issue, could press for better health coverage and pension benefits for player's with post-concussion complications. That said, how about considering the following: (1) requiring players to use a full mouthpiece similar to the one used by boxers (this could help prevent concussions); (2) a return to the use of horse-collars to protect from whiplash-type bending of the head; (3) increased penalties for spearing or other uses of the crown of the helmet in tackling (and I realize that this can be difficult to assess given the tremendous speed of the game); (4) continued improvement of helmets so that they distribute energy down through the shoulder pads.

If we really want to prevent cutting players with concussions, we could consider a new category of injured reserve players that would not count towards the hard salary cap in the NFL.

Frankly, I am generally a pro-labor guy, but what I find troubling is the many examples of times when the NFLPA could step forward on health issues and has failed to do so.

Posted By : Ed Edmonds

Richard: The narrow definition would include some...

Message posted on : 2010-02-27 - 15:28:18

Richard:

The narrow definition would include some individual sports such as tennis, squash, or racquetball--a player attempts to thwart the opponent's efforts as to the ball by trying to hit it away from him or trying to make him miss.

Anonymous:

I like your idea about improving the physical movement through practice. That is a nice addendum to the large-motor-skill element.

Posted By : Howard Wasserman

What, if anything, does this mean for the other pl...

Message posted on : 2010-02-28 - 14:44:07

What, if anything, does this mean for the other players involved in the Star Caps case, particularly Charles Grant and Will Smith of the New Orleans Saints? I would assume that--as they have been doing in the past--the NFL will enforce the fate of the Williamses across the board to other NFL players. Is that right?
Posted By : Jeffrey

http://fourthandgoalunites.com/2010/02/24/why-is-t...

Message posted on : 2010-02-28 - 18:02:18

http://fourthandgoalunites.com/2010/02/24/why-is-the-mouth-guard-not-a-mandatory-piece-of-equipment-in-the-nfl

Boxing mouth guards make a big difference, the NFL alumni are endorsing the use of an appliance developed with Marvin Hagler and used by the N.E. Patriots for over two decades.

Posted By : Anonymous

Jeffrey-- Based on what Goodell has done in the...

Message posted on : 2010-03-01 - 15:50:29

Jeffrey--

Based on what Goodell has done in the past, it is likely that Charles Grant and Will Smith will receive the same treatment as the Williamses. If the NFL cannot suspend the Williamses, it is unlikely that it will suspend Grant and Smith. So, the Saints (and Grant and Smith's agents) are certainly keeping a close eye on this case as well.

Posted By : Gabe Feldman

Great to see that there is the potential for the a...

Message posted on : 2010-03-01 - 21:18:23

Great to see that there is the potential for the athletes to gain some retribution for the NCAA's exploitation of the 'scholar-athletes'. I understand that the vast majority of college athletes are not money makers, but I cannot agree that justifies the NCAA's continued making billions on the backs of the star D1 players.
Posted By : qtlaw24

I have to add my own recently published article: ...

Message posted on : 2010-03-01 - 23:22:39

I have to add my own recently published article:

Darren A. Heitner, Duties of Sports Agents to Athletes and Statutory Regulations Thereof, 7 DARTMOUTH LAW JOURNAL 246 (2009)

Posted By : Darren Heitner

Thanks for posting this nice summary!

Message posted on : 2010-03-02 - 19:48:31

Thanks for posting this nice summary!
Posted By : Anonymous

Howard - I enjoyed your comments as well as Mike&#...

Message posted on : 2010-03-03 - 13:20:09

Howard - I enjoyed your comments as well as Mike's quotation about Roger Clemens. I think you are correct that it is not in Clemens' nature to apologize. He took such a strong and defiant position that few would accept his apology. I put Pete Rose in the same camp. Rose just does not truly accept that he could ever do anything wrong.

I have a theory about Joe Jackson that goes with an observation about Rose. Hasn't Jackson's banishment from baseball actually served to keep him in front of the baseball public for so many years? Does the average fan know as much about Tris Speaker, Nap Lajoie, Honus Wagner (if not for the baseball card) as they do about Jackson? Perhaps Rose can make more money selling his autograph because the controversy keeps his name before the public.

Posted By : Ed Edmonds

This may explain why a number of my clients who ha...

Message posted on : 2010-03-03 - 19:49:29

This may explain why a number of my clients who have photographed NHL games for Upper Deck have not been paid for many months. It obviously has been saving its cash to pay major league baseball. Will it ever be able to catch up?
Posted By : Anonymous

Nathaniel - Thanks for the post. This seems to i...

Message posted on : 2010-03-04 - 10:22:29

Nathaniel -

Thanks for the post. This seems to indeed be a 'clear and decisive victory' for MLB, but it is also a 'clear and decisive loss' for consumers of baseball cards. I have been personally in that category for over 50 years as I turned 59 yesterday.

This is the largely ignored outgrowth of the American Needle decision to date - the impact on consumers. As the NFL went to only one official producer of hats with NFL logos, MLB quickly seized the opportunity to make Topps its only official producer of cards. This happened despite Upper Deck holding a license from the MLBPA. By the way, the licensing revenue has been used in the past by MLBPA as a 'strike fund.' This now returns Topps to the 'monopoly' position held by the company prior to the Fleer litigation. I put monopoly in quotation marks because like most things there is some nuance and qualification that is in order. If you are interested in this topic I recommend that you explore the writings related to the history of law and the baseball card industry by Gordon Hylton, my good friend at Marquette. It will be interesting to watch what happens to the price of baseball cards now that Upper Deck has folded its tent. Will the NHL, NBA, and NFL follow the same path?

Although the single entity will not protect Topps from a section 2 violation, who will pursue that now that Upper Deck is leaving the marketplace? Donruss and Fleer were, in my opinion, forced out by the normal competition in the marketplace. Now Topps reigns supreme again.

Posted By : Ed Edmonds

If you go to the Bridgton Academy website over hal...

Message posted on : 2010-03-04 - 11:08:44

If you go to the Bridgton Academy website over half the students have made the honor role or high honors. Really? They turned that many kids lives around in 8 months? You can only sue if it's not true.

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Posted By : Anonymous

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Message posted on : 2010-03-04 - 12:23:21

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Posted By : SEO Services

I also have to add my own: Bethany Swaton, Girl...

Message posted on : 2010-03-04 - 12:51:35

I also have to add my own:

Bethany Swaton, Girls Can Play, Too: Has the Lack of Female Leadership in NCAA Athletics Become an Afterthought? 20 Seton Hall J. Sports & Ent. L. 101 (2010)

Posted By : Bethany Swaton

This article is interesting. You should read my ar...

Message posted on : 2010-03-04 - 18:41:07

This article is interesting. You should read my article about Jason Heyward on my blog.

www.seatownsportsguys.blogspot.com

Posted By : Seatown Fan

I would like to think that we remember Cobb more t...

Message posted on : 2010-03-05 - 15:29:09

I would like to think that we remember Cobb more than Lajoie because Cobb was the better player. Lajoie was very very good. Cobb was one of the all-time greats.

But it may be that we actually remember Cobb because he was such a spectacular son of a bitch. They didn't get Tommy Lee Jones to play Lajoie, after all.

Posted By : Richard Hershberger

A team 'sport' that would not qualify mi...

Message posted on : 2010-03-08 - 13:23:40

A team 'sport' that would not qualify might be synchronized swimming. Lacks objective scoring.

BTW, I always worry when watching synchronized swimming that if one swimmer on a team takes a wrong breath and starts to drown the entire team will also drown. But that is beside the point...

Posted By : The Sports Curmudgeon

Thanks for posting this. Please keep us current on...

Message posted on : 2010-03-09 - 08:32:55

Thanks for posting this. Please keep us current on how this plays out!
Posted By : Anonymous

this needs to be dropped its just been too long. H...

Message posted on : 2010-03-10 - 00:31:08

this needs to be dropped its just been too long. Hell legalize all the PED's and lets see how good these guys can be. http://www.CTSportsPicks.com
Posted By : trapp32

very well written and intriguing post, thanks auth...

Message posted on : 2010-03-10 - 08:05:21

very well written and intriguing post, thanks author i would like to say something on injury compensation Just as an example: if you can prove that you were not given the adequate protective gear while you are working with asbestos at your working place an that induced you injury or sickness - such as Mesothelioma for instance - then we are talking about so called punitive damages.

A court is not always needed to achieve a claim settlement. In fact mot settlements are a result of a negotiation between your side and the defendant's side, which will be represented by a claim negotiator, whose job it is to lower the claim amount as much as possible. Needless to say that it is strongly advisable to a good lawyer representing you in these negotiations.

Posted By : john.....

I just hate what is happening in the world of spor...

Message posted on : 2010-03-11 - 13:12:02

I just hate what is happening in the world of sports today.Steroids everywhere and nutrition supplements......jesuse , in a few years we'll all end up eating pills instead of real food.
Plus all these hormones and supplements and substances mess you up really fast and non-repairable. you get 10 years of peak performance as an athlete but another 40 of liver and heart diseases.I really think it should all be natural, including in bodybuilding the top of the top in such things.

Posted By : Popa Eugen

it seems to be a big blast!!

Message posted on : 2010-03-13 - 06:24:25

it seems to be a big blast!!
Posted By : Divorce Records

To put some perspective on this, Minor League Base...

Message posted on : 2010-03-13 - 16:15:05

To put some perspective on this, Minor League Baseball, like its major counterpart, is a cartel, of which the Visalia Rawhide is one member. The decision to grant New Era a monopoly was granted by this cartel, presumably in return for consideration. It is entirely likely that the Visalia Rawhide's cut of this consideration is outweighed by the problems inherent in dealing with a monopoly. If so, the underlying problem is that you are being screwed by your business partners.

This is another argument for independent league baseball.

Posted By : Richard Hershberger

i really like the Hershberger analysis!!

Message posted on : 2010-03-13 - 21:26:29

i really like the Hershberger analysis!!
Posted By : dom

Article on the practical effects of American Needl...

Message posted on : 2010-03-13 - 23:53:05

Article on the practical effects of American Needle Vs. NFL is really good analysis. Thanks to Richard Hershberger.

james

Posted By : Blog Of Sport

Online data entry is an excellent career to consid...

Message posted on : 2010-03-15 - 00:42:45

Online data entry is an excellent career to consider if you want to work at home.

kindly let me know sites that hire indian undergraduates as tutors

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Posted By : jerry

A very good analysis. True that affiliate marketin...

Message posted on : 2010-03-15 - 03:36:02

A very good analysis. True that affiliate marketing have taken the sports world by storm, now that they are emerging superstars.
Posted By : Blog Of Sport

It is entirely likely that the Visalia Rawhide&#39...

Message posted on : 2010-03-15 - 04:53:34

It is entirely likely that the Visalia Rawhide's cut of this consideration is outweighed by the problems inherent in dealing with a monopoly.


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Posted By : Marypierce

Thanks for including me on the list. I added my ar...

Message posted on : 2010-03-15 - 22:39:54

Thanks for including me on the list. I added my article to SSRN today. If anyone is interested, the link to my article, Children Left Behind: The Effect of Major League Baseball on Education in the Dominican Republic, is the following:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1571479

It can also be found on a Westlaw search at 11TXRESL99.

Posted By : Adam Wasch

Question on the procedural posture - I thought Jud...

Message posted on : 2010-03-16 - 11:33:24

Question on the procedural posture - I thought Judge Magnuson already ruled on the parties' motions for summary judgment in District Court (which was then appealed to the Eighth Circuit); why did Judge Larson review the matter at SJ again after remand?
Posted By : Bill

Prof. McCann-- I love this site, but I miss the...

Message posted on : 2010-03-16 - 14:01:14

Prof. McCann--

I love this site, but I miss the original posts by the bloggers on the site. When I come to this site, I expect to read interesting posts or see links to interesting articles, not just a link every time you get quoted. Hope to see some more of the original writing from all of you guys.

Posted By : Disgruntled

It seems that you need to have Minor League Baseba...

Message posted on : 2010-03-16 - 16:28:13

It seems that you need to have Minor League Baseball create the competition by having more sources for hats. But that means New Era won't pay monopolist prices for the exclusivity it now enjoys. Furthermore, no matter which way the court goes on ANI, you are part of the JV and you would have a hard time showing antitrust injury. The Minor League lawyers would plead the Antitrust exemption and would have your case dismissed.
Posted By : Clark Griffith

i really interesting about baseball,it's a gre...

Message posted on : 2010-03-17 - 01:17:45

i really interesting about baseball,it's a great game and bring a lot of fun and spirit to us !
Posted By : Blog Of Sport

This book is very good for a very comprehensive re...

Message posted on : 2010-03-17 - 10:01:19

This book is very good for a very comprehensive reference in studying some of the laws and regulations in baseball game
Posted By : Blog Of Sport

I would like to say this is very good analysis

Message posted on : 2010-03-18 - 03:47:56

I would like to say this is very good analysis


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Posted By : Julieandrews

Any discussion of Boston Sports history starts wit...

Message posted on : 2010-03-18 - 12:32:43

Any discussion of Boston Sports history starts with the Boston Celtics. Under the direction of Red Auerbach, the Celtics produced three dynasties winning 16 World Titles from 1957 to 1986.
Posted By : Boston Sports

Looks like it will be a very interesting discussio...

Message posted on : 2010-03-18 - 14:00:46

Looks like it will be a very interesting discussion, thanks for posting the information, see you there!
Posted By : Patty

Thanks buddy for sharing the useful and informativ...

Message posted on : 2010-03-19 - 02:22:34

Thanks buddy for sharing the useful and informative post with us. keep it up.
Posted By : Soccer Uniforms

Nice story!

Message posted on : 2010-03-22 - 02:17:31

Nice story!
Posted By : Mary

Thanks so much for posting this!

Message posted on : 2010-03-23 - 22:55:33

Thanks so much for posting this!
Posted By : Pbenn001

Thank you for bringing a well thought out and reas...

Message posted on : 2010-03-24 - 02:56:01

Thank you for bringing a well thought out and reasoned comment to the discussion. I'm always up for a thoughtful discussion of semantics.

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Posted By : Juliawells

Haha I worked at as a law clerk for a court and I ...

Message posted on : 2010-03-24 - 11:08:51

Haha I worked at as a law clerk for a court and I think some judicial inefficiency (probably from the clerks more than the judges) could be traced to March Madness. But its all in good fun.

Mike
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Posted By : Mikethelawstudent

Whether you just want to know the odds or want to ...

Message posted on : 2010-03-25 - 01:53:39

Whether you just want to know the odds or want to get our analysis of the game, we want to be your first source on the internet. We've decided to provide useful news and a handicapping slant it gives a new perspective. We don't just predict who will win - but who will cover the spread. Visit: http://www.wagering-sports.com/
Posted By : Anonymous

I still can't believe that this is the last po...

Message posted on : 2010-03-25 - 02:42:11

I still can't believe that this is the last post,hanged in here always. I'll will definitely miss articles that distribute a lot information,articles well-thought,surely eye-catching. Hope there is still a chance that you guys will change you mind.

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Posted By : Angelinebrown

Fascinating stuff. Squeamish? Bah. I read it while...

Message posted on : 2010-03-26 - 02:50:44

Fascinating stuff. Squeamish? Bah. I read it while I was eating breakfast.

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Posted By : Paulinephiliphs

Also yesterday, Texas Review of Entertainment and ...

Message posted on : 2010-03-26 - 16:41:02

Also yesterday, Texas Review of Entertainment and Sports Law's symposium focused on the expiring collective bargaining agreements in the NFL and NBA, http://www.utexas.edu/law/journals/tresl/content/symposium.htm
Posted By : paulie360

Ok. Well, could the real issue here be money and n...

Message posted on : 2010-03-29 - 12:21:48

Ok. Well, could the real issue here be money and not have anything to do with symbolic speech at all?
Posted By : Anonymous

It could be anything. But what in the story sugges...

Message posted on : 2010-03-29 - 13:13:35

It could be anything. But what in the story suggests this has anything to do with money?
Posted By : Howard Wasserman

Oh, this one is definitely about money--if you get...

Message posted on : 2010-03-29 - 19:24:40

Oh, this one is definitely about money--if you get my drift.
Posted By : Anonymous

I have a client who earned $1,700 for the one game...

Message posted on : 2010-03-29 - 22:18:15

I have a client who earned $1,700 for the one game he played in the state and his tax paid was $2,500. We have notified the Players' Association of this.
Posted By : Anonymous

This is the first article I've read since finding ...

Message posted on : 2010-03-31 - 00:40:12

This is the first article I've read since finding this site…and what an article!!! I'm hooked.

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Posted By : shikasara

It's not hard to understand at all. NASCAR wan...

Message posted on : 2010-03-31 - 21:13:05

It's not hard to understand at all. NASCAR wants the drivers to 'police' themselves and doesn't want fans clamoring against them for trying to tell drivers how to handle themselves on the tracks. In front of cameras they'll give the lip service and what not, but behind closed doors, no one really cares except the driver that was wrecked and his fans.
Posted By : Pbenn001

Pbenn-- Any driver could be the driver who was ...

Message posted on : 2010-03-31 - 22:06:20

Pbenn--

Any driver could be the driver who was wrecked, so all of the drivers have a reason to care. As do all of the other drivers on the track who might be impacted by a flying or spinning car.

Posted By : Gabe Feldman

If the drivers cared enough, they'd be begging...

Message posted on : 2010-04-01 - 14:15:20

If the drivers cared enough, they'd be begging for a rule change. I have yet to see this happen. If so, please point me in the right direction.
Posted By : Pbenn001

A quick google search will show some driver compla...

Message posted on : 2010-04-01 - 16:22:32

A quick google search will show some driver complaints, but that misses the heart of this. The NHL and NFL did not make changes to rules to protect the safety of their players because the players begged for them. The leagues made the changes (rules regarding hits to the head, late hits, etc., and rules regarding the image of the game) because they (for a variety of reasons) wanted to protect their athletes. Given the danger of Edwards' actions to all of the other drivers (and spectators), it's surprising that NASCAR chose not to take any action to protect its athletes.
Posted By : Gabe Feldman

I would say that this went just the way that I exp...

Message posted on : 2010-04-01 - 16:22:39

I would say that this went just the way that I expected it to.
Posted By : Pbenn001

I completely agree that it is surprising, but NASC...

Message posted on : 2010-04-01 - 18:46:36

I completely agree that it is surprising, but NASCAR viewership has gone down in recent years considering the meteoric rise it had in the past decade. I honestly think that this stems from the fact that the ratings are going down and that they told the drivers at the beginning of the season to 'police themselves.' I'm not saying that this is what they had in mind, but there will be a good amount of fans that would be mad if they were to go the route that you seem to be advocating, and that's just the simple practicality of the matter irrespective of any legal theories.
Posted By : Pbenn001

I didn't expect to see WWE mentioned. Wonder ...

Message posted on : 2010-04-01 - 20:08:25

I didn't expect to see WWE mentioned. Wonder how NHL fans go politically.
Posted By : Salem Attorney

Strongly GOP (5th strongest--a +28 advantage). The...

Message posted on : 2010-04-01 - 20:15:34

Strongly GOP (5th strongest--a +28 advantage). The white male explanation would seem to hold here.
Posted By : Howard Wasserman

A law professor whose closest friends and family a...

Message posted on : 2010-04-02 - 07:41:56

A law professor whose closest friends and family are liberal democrats, really?
Posted By : Anonymous

While I'm not too surprised by the demographic...

Message posted on : 2010-04-02 - 10:49:15

While I'm not too surprised by the demographics here, I find the discussion about people with college degrees leaning liberal and thus college sports fans must not be rooting for their own schools to be weak here. While generally those with advanced degrees may lean more towards the liberal side, I think that the political views of college graduates would follow many of the same geographic trends noted in your article...i.e. more conservative in the south rural midwest and more liberal in the north and urban areas.
Posted By : Anonymous

Did anyone look at the source article? The NHL is ...

Message posted on : 2010-04-03 - 08:35:27

Did anyone look at the source article? The NHL is in there--it is the 5th strongest GOP sport.
Posted By : Howard Wasserman

'Abe Lincoln was a Republican so you need to ...

Message posted on : 2010-04-03 - 11:59:47

'Abe Lincoln was a Republican so you need to reread that history book being as he freed the slaves.'

You need to read further into that history book up to the part about the Civil Rights Act and Nixon's Southern Strategy, where the Republicans decided to take in the Dixiecrats and trade in the 'Party of Lincoln' mantle for 'Party of Maintaining Jim Crow, Black Poverty, and Voter Suppression'.

There's a reason why Democrats routinely pick up 85-90% of the black vote, and it's not because the overwhelming majority of blacks are unable to determine which party better represents and defends them.

Posted By : Anonymous

Hey anonymous, looks like you need to reread that ...

Message posted on : 2010-04-03 - 12:27:34

Hey anonymous, looks like you need to reread that history book you just told us to 'reread'...again.

FACT: The 'Dixiecrats' as you call them supported LBJ as Pres, but were NOT the driving force behind the Civil Rights Movement being passed. The Republican party (clearly identified by their party platform, which is available to read for yourself) promoted the Civil Rights Movement for minorities much earlier than the majority of LBJ's Demies did. It just so happened that much of the Civil Rights work came under, and with the support of Demie presidents (like Kennedy.)

Odd occurrence in history how most of the rest of the African American population IS unable to distinguish that historical fact. They vote Dem because the Presidents at the time of the Civil Rights movement were Democrat, not because a majority of Democrats were supporting the movement. More specifically, it is interesting how the vast majority of the rest of the African American community was unable to distinguish that just because a man has a Black non-US citizen from Kenya as a father, does not make him 'black' like them nor necessarily a great candidate for President (90% voting for Obama on clearly racial lines.)

While the Repub. party now gets votes from many of those who descend from that Dixiecrat line, it wouldn't have to be that way if a minority block such as the majority of the African American community recognized these historical facts and engaged in changing the face of the party that truly did first fight for their basic rights. Many of the Repubs who did so, like Pres. Lincoln, based on strong religious conviction, another distinctive that marks the current makeup of the Republican party.

Again, reread your left-tainted history book.

Personally, I think both parties are crap and we need more competition, but this whole 'Democrats have always supported the black man' mentality is one of the more comical farces of the current Democratic message and psyche of our African American society.

By the way, you don't have to be Democrat to be black, sucka

And if you don't like it, go pout to your boy Obama

Posted By : Anonymous

The original post here had nothing to do with the ...

Message posted on : 2010-04-03 - 16:07:13

The original post here had nothing to do with the relative merits of either political party or why particular groups have or should belong to either party. Please take it to a different forum. Thanks.
Posted By : Howard Wasserman

Thanks for the insight! There is a lot of helpful ...

Message posted on : 2010-04-05 - 01:24:33

Thanks for the insight! There is a lot of helpful information within those links.




Best Attorney

Posted By : creenadavis

Do guest bloggers on Sports Law Blog ever blog abo...

Message posted on : 2010-04-05 - 10:42:11

Do guest bloggers on Sports Law Blog ever blog about something other than what they have written? You guys need better standards.
Posted By : Anonymous

Anon: I don't understand your complaint. Pro...

Message posted on : 2010-04-05 - 12:44:32

Anon: I don't understand your complaint. Prof. Feldman is linking to a sports law column he wrote. It's exactly the type of piece you would see on the Sports Law Blog and that people who come to this site want to read.
Posted By : Anonymous

It is quite common for the sports law bloggers to ...

Message posted on : 2010-04-05 - 13:05:11

It is quite common for the sports law bloggers to reference themselves, their conferences and their articles, but it is not a problem. It is usually quite informative, such as this piece by Feldman. Overall this is a fine blog even if some of the bloggers are a bit shameless in terms of self-promotion.
Posted By : Anonymous

Hi Mike and everyone. Quick clarification, as ther...

Message posted on : 2010-04-05 - 13:33:30

Hi Mike and everyone. Quick clarification, as there's a lot going on in our field and in Istanbul this year:
Matt Mitten, Jim Nafziger, and other good colleagues will be speaking in the May 13-14 international sports law symposium hosted by the Istanbul University Comparative Law Center and the Turkish National Committee of the International Association of Legal Science. For convenience, here is the May program: http://www.kaburakis.com/wp-content/uploads/2010/04/program-1.pdf

The broader scope and more involved/open to participation International Sport Law & Business Conference (ISLBC) we are organizing with our Turkish colleagues is set for September, and a new Call is available through the website: http://istanbul2010.islbc.org/

I have been truly amazed by the interest and the quality level as the weeks evolve, and so far we have had many esteemed colleagues from the US, Europe, and beyond submit abstracts and express their desire to attend. Over April and May we will progressively announce conference presenters and keynote panelists. The sneak preview is that the latter have been key in ADR, CAS, US/International sport governance, and shaping legal theory, research, and strategy over the past 30+ years. With everything Istanbul offers this year and especially in September, one needs to seriously consider this opportunity. Keep checking the website for more ISLBC updates and September events news. More soon. Keep enjoying good work and a fantastic spring season.

Tassos

Posted By : TK

Hi, I applaud your blog for informing people, very...

Message posted on : 2010-04-06 - 00:45:39

Hi, I applaud your blog for informing people, very interesting article, keep up it coming Smile.

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Posted By : esther

Why don't you look at the decision on how many...

Message posted on : 2010-04-06 - 08:16:50

Why don't you look at the decision on how many tickets were allocated to students? I believe the students got something like 690 tickets (out of 70,000). Are they running an eductational system for the benefit of their students or a commercial enterprise? Allocating a tenth of one percent of your tickets to students would seem to indicate they are running a commercial enterprise rather than offering an educational experience.
Posted By : Anonymous

isn't this simply a representation of gender g...

Message posted on : 2010-04-06 - 11:18:44

isn't this simply a representation of gender gap?
Posted By : ronen dorfan

An interesting wrinkle not covered in the story is...

Message posted on : 2010-04-06 - 14:20:45

An interesting wrinkle not covered in the story is that the last employer has to act as the 'bank' for the workers comp claim in California until treatment closes. So if a football player played 10 years in the NFL and then 1 year in the Arena League the Arena League would have to cover the entire medical bill until treatment finished.
Posted By : Anonymous

Do guest bloggers on Sports Law Blog ever blog abo...

Message posted on : 2010-04-06 - 21:26:45

Do guest bloggers on Sports Law Blog ever blog about something other than what they have written? You guys need better standards.
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Posted By : blog for steveLi

It is usually quite informative, such as this piec...

Message posted on : 2010-04-07 - 01:14:43

It is usually quite informative, such as this piece by Feldman.Overall this is a fine blog even if some of the bloggers are a bit shameless in terms of self-promotion.



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Posted By : faithevans

The concurring opinion by Judge Smith makes a numb...

Message posted on : 2010-04-07 - 17:05:34

The concurring opinion by Judge Smith makes a number of interesting points that I agree with. The court did not need to expand its opinion beyond the narrow one that Judge Smith mentions. However, I do find the following statement in paragraph four to be interesting: 'The doctrine, then, is thought of as limiting duty through consent - indeed, it has been described a 'principle of no duty' rather than an absolute defense based upon a plaintiff's culpable conduct.' This is how I feel foul ball cases should be handled. There is no duty for the stadium owner or operator to provide protect from foul balls beyond the typical screened area around home plate.

Here the plaintiff was sliding down a bannister. I am not sure if that is an athletic event although it probably is recreation.

Posted By : Ed Edmonds

I feel like this is the right thing to do, you hav...

Message posted on : 2010-04-09 - 11:53:35

I feel like this is the right thing to do, you have to respect the natives legacy even if it means taking on a new mascot and completely rebranding.
Posted By : Dennis Gamble

Finally. This University of North Dakota dispute ...

Message posted on : 2010-04-09 - 12:32:41

Finally. This University of North Dakota dispute has dragged on for more than four years. Finally the school board has decided to do the right thing. Anyone who agrees that Native American mascots 'honor' should watch 'In Whose Honor?' about Charlene Teeters and the University of Illinois, Fighting Illini controversy (thankfully laid to rest by the NCAA policy).
Posted By : Anonymous

The rebranding does make sense. It is difficult to...

Message posted on : 2010-04-09 - 20:06:58

The rebranding does make sense. It is difficult to justify though when the Washington Redskins represent a far more derogatory term than merely referring to the name of a tribe.
Posted By : Dave T.

Good pictures plus the good article certainly made...

Message posted on : 2010-04-10 - 03:38:35

Good pictures plus the good article certainly made this segment amazing.Keep it up!


Best Attorney

Posted By : Rosaparks

What should Holy Cross do if someone whose heritag...

Message posted on : 2010-04-10 - 15:56:17

What should Holy Cross do if someone whose heritage is in the Middle East takes offense at their 'Crusader' name? Should they honor that individual's - - or group's - - legacy?


There are lots of schools that could face this kind of action if other activist groups get involved...

Posted By : The Sports Curmudgeon

Oh yeah! me too, thanks for it guys.

Message posted on : 2010-04-11 - 08:56:55

Oh yeah! me too, thanks for it guys.
Posted By : gih

Good

Message posted on : 2010-04-11 - 13:37:56

Good
Posted By : travian

Hello Blogger, Whether you realize it or not, all...

Message posted on : 2010-04-13 - 13:45:42

Hello Blogger,

Whether you realize it or not, all of your posts are excellent candidates for e-Zines such as tHEbITbOT e-Zine and Article Directory. (http://www.thebitbot.com/) What you should do is post a copy of your article to our e-Zine. Be sure and fill out all of the fields when writing writing/posting the article. Here is what I would do.

Register first.

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After you have posted your entry into your blog and Google indexes it, login and go to the 'write article' tab and leave a copy of the article in our directory (just copy and paste) with a link pointing to your blog in the about author section and some new traffic should start moving your direction from our e-Zine. It should be a win-win. We get fresh content and you get traffic.

tHEbITbOT e-Zine and Article Directory

Also, we send new articles down our Twitter pipeline...:)

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Posted By : Mark

The NCAA tournament currently has 65 teams. http...

Message posted on : 2010-04-13 - 14:52:56

The NCAA tournament currently has 65 teams.

http://en.wikipedia.org/wiki/NCAA_Men's_Division_I_Basketball_Championship#Opening_round

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Message posted on : 2010-04-14 - 03:27:40

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Posted By : Herrien

Hmm, perhaps you are right. So there should be cha...

Message posted on : 2010-04-15 - 04:38:21

Hmm, perhaps you are right. So there should be changes.
Posted By : gih

Interesting question. I do wonder if this would s...

Message posted on : 2010-04-15 - 12:46:20

Interesting question. I do wonder if this would survive a rational basis review, considering it does not apply to minor leaguers, presumably because they earn less, yet does apply to lesser-earning NFL players. This might be too arbitrary of a regulation to survive RBR.

Additionally, the flat $2500 tax amount also seems arbitrary, given that different sports have varying salaries and earn varying profits in ticket sales.

Posted By : Anonymous

I have been following this case as well. In additi...

Message posted on : 2010-04-15 - 14:32:35

I have been following this case as well. In addition to some of the potential ramifications of the decision that Professor Conrad points out I have focused on one very interesting and currently relevant potential spin off claim. It would appear to me that if the 3rd circuit opens the door for consumer fans to have a valid expectation right to the quality of a game they attend, the most immediate next step might be the case of a ticket holder who attends a game where non-injured star players sit out. For example, the Colts vs. Jets game at the end of this past NFL season, and many of the games from the end of the NBA regular season this past week. With this topic getting much coverage in the media such a claim might be timely and a natural follow up test case. It would be interesting to see how such a claim might play out with the natural distinction being focusing on individual players (component of the product) vs. the overall quality and legitimacy of the competition itself (product).

Another natural spin off of this decision might be a change to the language and terms of individual tickets and season ticket packages to limit the expectations of consumers in the quality/legitimacy of the event they attend.

Posted By : Matthew Corwin

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Message posted on : 2010-04-16 - 06:31:48

Blogs are so informative where we get lots of information on any topic. Nice job keep it up!!



Best Attorney

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Message posted on : 2010-04-16 - 08:03:35

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Posted By : rosario

Well, they can always set any rules they want. ...

Message posted on : 2010-04-17 - 08:33:12

Well,

they can always set any rules they want.

I just hope it will be fine.

Posted By : Article directory

Many institutions limit access to their online inf...

Message posted on : 2010-04-17 - 08:34:47

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Message posted on : 2010-04-20 - 00:56:19

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Posted By : paniarose

I've been baffled by the restriction on eye bl...

Message posted on : 2010-04-20 - 03:38:33

I've been baffled by the restriction on eye black messages. I understand that, as a private organization, the NCAA has the right to limit speech by its members. However, I do not understand the purpose of limiting personal expression in this way. Regardless of whether there is legal justification for imposing the limitation, I am failing to grasp the rationale. Any insight?

I'm intrigued by the concept of employee speech that might be involved here as well, though I agree with you that it is a strange irony to consider student-athlete expression as employee speech. I wonder if it will be probed in any depth during the debates that are sure to follow these new rules.

I disagree entirely with the taunting spot-foul regulation, but I understand the greater good that it is meant to achieve. A line has to be drawn somewhere between appropriate celebration and poor sportsmanship, but the NCAA might have pushed the limits a bit on this one.

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Message posted on : 2010-04-21 - 07:15:37

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Posted By : Term Papers

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Message posted on : 2010-04-21 - 08:56:57

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Message posted on : 2010-04-23 - 02:35:08

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Message posted on : 2010-04-23 - 03:38:35

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Posted By : Robynrihanna

Marc, I recall having this debate years ago on the...

Message posted on : 2010-04-23 - 06:51:06

Marc, I recall having this debate years ago on the blog when the new policy was implemented. You raise some interesting questions, but the crux of the matter is that the players don't have, and never have had, the ability to appeal the commissioner's decision to a neutral arbitrator. Unless and until that changes, we're wasting our breath.
Posted By : Rick Karcher

Rick, You might be right. I think a suspended pl...

Message posted on : 2010-04-23 - 09:17:22

Rick,

You might be right. I think a suspended player would still have two rights of recourse--filing suit into the courts (dealing with the very difficult threshold of arguing the commissioner/arbitrator's decision was arbitrary/capricious/induced by fraud) or challenging the suspension under antitrust law as an illegal group boycott lying outside of the non-statutory labor exemption).

As the the second point, there is bad case law in the Second Circuit (Molinas case) and the Seventh Circuit (American Needle). However, I do not consider it beyond the realm of possibility.

Maybe, however, I am just repeating old arguments from past debate :)

Posted By : Marc Edelman

Rick, You might be right. I think a suspended pl...

Message posted on : 2010-04-23 - 09:18:00

Rick,

You might be right. I think a suspended player would still have two rights of recourse--filing suit into the courts (dealing with the very difficult threshold of arguing the commissioner/arbitrator's decision was arbitrary/capricious/induced by fraud) or challenging the suspension under antitrust law as an illegal group boycott lying outside of the non-statutory labor exemption).

As the the second point, there is bad case law in the Second Circuit (Molinas case) and the Seventh Circuit (American Needle). However, I do not consider it beyond the realm of possibility.

Maybe, however, I am just repeating old arguments from past debate :)

Posted By : Marc Edelman

Congratulations to the folks at Harvard. This jou...

Message posted on : 2010-04-23 - 09:19:57

Congratulations to the folks at Harvard. This journal is a very important step for the sports law community, and we are all thankful for your efforts.
Posted By : Marc Edelman

Just curious, but if Management (with 'approv...

Message posted on : 2010-04-23 - 10:55:10

Just curious, but if Management (with 'approval' of some union members) introduced the personal conduct policy, and it has not been challenged by the union to date, is there a waiver argument that the NFL would make insofar as barring a challenge to a change in terms and conditions of employment? If this is true, wouldn't the argument begin and end there?
Posted By : Bram

It would appear to me that if the 3rd circuit open...

Message posted on : 2010-04-24 - 00:28:20

It would appear to me that if the 3rd circuit opens the door for consumer fans to have a valid expectation right to the quality of a game they attend, the most immediate next step might be the case of a ticket holder who attends a game where non-injured star players sit out.

Best Attorney

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Message posted on : 2010-04-26 - 04:48:03

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Message posted on : 2010-04-28 - 06:30:59

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Posted By : Saving Money Online

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Message posted on : 2010-04-28 - 21:20:37

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best to everybody,
Henry

Posted By : Henry Hyde

Excellent site, keep up the good work. I read a lo...

Message posted on : 2010-04-29 - 03:54:11

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=====================
jacob
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Posted By : jacob123

fan of ........Ben Roethlisberger ....no matter pa...

Message posted on : 2010-04-29 - 08:03:34

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Posted By : martial arts training

But some are playing not that way. And many outta ...

Message posted on : 2010-04-29 - 09:27:22

But some are playing not that way. And many outta there is like that.
Posted By : gih

Fellows, I had a similar situation in Australia l...

Message posted on : 2010-05-01 - 19:37:21

Fellows,

I had a similar situation in Australia last year involving a young soccer player about to embark on the World Cup.Didn't work out well for the player. Court intervention was considered inappropriate and the matter dealt with by the governing body. We have posted a lay version on our website legalprofessionals.net.au

Robert Stephen

Posted By : Robert Stephen

Marc, interesting post. Big picture view, I don&#3...

Message posted on : 2010-05-02 - 20:38:00

Marc, interesting post. Big picture view, I don't know if the Commissioner should have this type of authority. What I'm meaning is, should the Commish be judge and jury on incidents that fall into the realm of the police and legal system? Not meaning to simplify this, but I'm not a lawyer. Just a concerned sports fan. By doing this, it would seem he undermines the legal process and control of the Steelers football club.

Thanks, JP
Sports-Cola
http://sportscola.wordpress.com

Posted By : JP

Matthew, THAT might lead to THIS: Imagine if inst...

Message posted on : 2010-05-02 - 22:57:19

Matthew, THAT might lead to THIS:

Imagine if instead of a team sitting out certain players (using your example, the Colts' Peyton Manning) in a meaningless end of season game (to the Colts), say Manning plays and gets injured, out for the season.

Could then the Colts' season-ticket holders (or wherever the Colts' playoff game[s] are played), then sue the Colts for playing Manning in a meaningless game, getting him injured and out for the season, thereby...'depriving THEM of the 'quality and legitimacy' of the [game they attend]' and of their best player? Could the network--CBS here--also sue the Colts?

At what point does a coach's duty to make sure his team's best players are available for the playoffs--and ultimately to win games--get overruled by...a court of law???

How would this also apply if the player is suspended because of violation of team rules, automatic league suspension or other league discipline, or even family emergency/death of a family member?

No, this needs to be nipped in the bud NOW or this opens Pandora's box:
---------------
Sometime in the near future...:

(ESPN3.com) Dateline: Denver, CO--
A local judge earlier today, deciding a 'class-action' suit brought by Broncos' season ticket holders, has ordered the Indianapolis Colts to play Peyton Manning in their end-of-the-season game on Sunday, even though the game has no meaning for the Colts.
The ticket holders were claiming that they bought tickets under the impression that the Colts were going to play Manning and other starters in the game; they claim they would have not bought season tickets had they known ahead of time that the Colts players were planning to be rested.

Under the effects of a Third Circuit ruling back in 2010, now on appeal before the U.S. Supreme Court, a team MUST play its frontline players in every game, reagrdless of meaning or attempts by the team to keep players healthy for the playoffs.

Originally, the Colts were going to rest or otherwise limit playing time for Manning and several starters to minimize the chance of injuries, and to give the backups some extended playing time. That idea has gone by the boards, thanks to the Denver circuit court's decision on the injunction.

The Colts, the NFLPA, and the NFL, in a rare show of unity, are appealing the injunction to a higher court.

---------------------
Now, doesn't that sound just wrong??

Posted By : Anonymous

Since a cause of death has not et been established...

Message posted on : 2010-05-04 - 09:33:22

Since a cause of death has not et been established, I don't know how you can say that we 'unquestionably' know that a person has been murdered. Actually, the only thing that we know is that a young lady has died and a young man has been accused of causing her death.

Also, I take exception to the statement that was issued by UVA's president yesterday to the effect that it 'appears' that the young lady's death was 'caused by one of our own'.

While it may very well turn out that a murder occurred and the accused actually committed it, at the present time I think we should all refrain from reporting assumptions as being 'unquestionably' known.

Posted By : Anonymous

Fair point about the President's comment. Alth...

Message posted on : 2010-05-04 - 14:20:47

Fair point about the President's comment. Although, in fairness, saying 'it appears' is, more or less, an accurate description if someone has been arrested and charged with murder.
Posted By : Howard Wasserman

I, too, have a problem with the 'unquestionab...

Message posted on : 2010-05-05 - 07:41:42

I, too, have a problem with the 'unquestionably' part here. I mean seriously: it seems likely that a crime may have occurred, but the boy's lawyer has called it an accident. I wouldn't rush to judgment just yet.
Posted By : Anonymous

He apparently (according to police affidavits) has...

Message posted on : 2010-05-05 - 08:24:41

He apparently (according to police affidavits) has admitted to choking and shaking the woman, causing her head to strike the wall or the floor (I forget which). Whether he *death* was an accident, this still sounds like a crime of some sort.
Posted By : Howard Wasserman

You just can't handle taking the word 'un...

Message posted on : 2010-05-05 - 09:38:23

You just can't handle taking the word 'unquestionably' out, can you.
Posted By : Anonymous

Do you think this proposed legislation is partiall...

Message posted on : 2010-05-05 - 12:32:23

Do you think this proposed legislation is partially due to the forthcoming vote in California (Wasman's state) on the legalization of marijuana, currently a banned substance under the collective bargaining agreement?
Posted By : Jeff

Somehow its like that...

Message posted on : 2010-05-05 - 15:44:36

Somehow its like that...
Posted By : sports galore

Is there any reaction by Minnesota, Maryland, or N...

Message posted on : 2010-05-05 - 16:20:13

Is there any reaction by Minnesota, Maryland, or North Carolina to do as you suggested, and write in a specific statue to override staee testing laws for pro sports teams?

Great post, thanks.

Posted By : John Phillips

Jeff-- I don't think so. The NFL can still s...

Message posted on : 2010-05-06 - 00:36:30

Jeff--

I don't think so. The NFL can still suspend players who test positive for marijuana even if marijuana use is legalized in California (there are a number of legal drugs on the NFL's list of banned substances), as long as California does not also enact a workplace drug law that prohibits employers from suspending employees for using legal substances.

John--

I'm not aware of any legislation pending in those three states, though that could change in Minnesota if the state court rules that the suspensions of the Williamses were illegal under state law. From what I have read, that decision will come down tomorrow (Thursday).

Posted By : Gabe Feldman

Excellent take and discussion on things!

Message posted on : 2010-05-08 - 08:20:53

Excellent take and discussion on things!
Posted By : Anonymous

NFL really entertains me.

Message posted on : 2010-05-08 - 09:59:14

NFL really entertains me.
Posted By : gih

In the first instance, I think Bryant would have a...

Message posted on : 2010-05-08 - 11:14:24

In the first instance, I think Bryant would have a very difficult time getting past summary judgment even without the Dolphins articulating any of the defenses you noted. He's required to at the very least allege that he was rejected for the job and the position remained open after his application or went to someone outside of his protected class. We don't know if he would have been rejected because he was selected by the Cowboys before the Dolphins ever got a pick - he was de facto unable to be rejected by the Dolphins. Secondly, the position he was vying for (presumably defined as a first round draft pick and not his playing position) did not remain vacant - and indeed could not remain vacant - the Dolphins had to select someone. All of the above before the Dolphins get to come back with a nondiscriminatory reason for their actions (i.e. he didn't fit team need, etc etc...).

Unless discovery would produce some very telling depositions - like Ireland telling Byrant 'we're never going to pick you' or some other very strong evidence - this never gets past summary judgment. It's likely this would never get past a motion to dismiss and preclude discovery altogether.

Posted By : Anonymous

IMO, either make it so they athlete doesn't ne...

Message posted on : 2010-05-09 - 20:21:37

IMO, either make it so they athlete doesn't need to go to college at all or make them go for 2 years at least, preferably 4 years.

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Message posted on : 2010-05-10 - 02:42:16

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Posted By : Dinah Bee Menil

Howard, I take issue with your description of the...

Message posted on : 2010-05-10 - 09:14:49

Howard,

I take issue with your description of the Duke lacrosse players as 'unfairly infamous.' A bunch of college students admitted hiring a stripper for a party and denigrated her with racial slurs after and perhaps during the night in question (not to mention serving alcohol to minors, which, while we can agree is a minor crime, would probably have gotten them suspended from the school or team all by itself).

The team's behavior on the night was reprehensible, though probably not illegal. Let's not turn them into saints just because the prosecutor overreached.

One more thing: In journalism school they teach that 'murder' is a legal term that can only be applied after a judicial finding of guilt. It could turn out to be manslaughter or an accident or self-defense, in which case she wasn't murdered.

Posted By : JimmyG

I am not turning the Duke lacrosse players into sa...

Message posted on : 2010-05-11 - 08:46:00

I am not turning the Duke lacrosse players into saints. But let's not turn them into horrid people either. What, exactly, did they do that was reprehensible? Having a party with alcohol, including alcohol being consumed by minors? I'm shocked, shocked that this would happen on a college campus--there were only thousands of college students (including student-athletes) doing the same thing that same night. None of them would have been suspended from school for it.

Hiring strippers? Not everyone's cup of tea, but hardly unusual conduct and certainly not immoral in the view of many.

Using racial slurs? Yes, reprehensible, but there is some dispute as to what was said and in what context. And at most it seemed to involve only one player.

The worst thing that was done that night was the disgusting misogynist e-mail sent by one player after the fact--again, one player.

Posted By : Howard Wasserman

I am glad you followed up with this because I stil...

Message posted on : 2010-05-12 - 08:48:36

I am glad you followed up with this because I still don't know why the DOJ is REALLY pursuing this. It's all apparently just speculation. Please keep us posted. One thing I totally disagree with is the notion that student-athletes who sign the NLI do NOT know that the scholarship is a one-year thing. That is a bunch of hogwash--they know it and it is disclosed on the NLI itself.
Posted By : Anonymous

I think for 4 years...

Message posted on : 2010-05-13 - 02:19:52

I think for 4 years...
Posted By : Golf cart Calgary

Thanks for posting. Can you elaborate (slightly) o...

Message posted on : 2010-05-13 - 12:32:41

Thanks for posting. Can you elaborate (slightly) on where this clause is found?
Posted By : Anonymous

Not great timing. Dont know why they would schedul...

Message posted on : 2010-05-14 - 01:04:13

Not great timing. Dont know why they would schedule this while the SLA conference is going on. Would love to have gone but will be out in Phoenix like many others.
Posted By : Anonymous

It is not the best timing -- unfortunately it was ...

Message posted on : 2010-05-14 - 09:47:16

It is not the best timing -- unfortunately it was scheduled and tickets were purchased for the game a while back, without realizing that it conflicted with the SLA conference. We hope to have a good turnout nonetheless, and will likely do something similar again soon. Anyone who can't make it all the way to Phoenix, we would love to have you in DC.
Posted By : Anonymous

The 'Best Interests of Baseball' clause ...

Message posted on : 2010-05-14 - 14:12:25

The 'Best Interests of Baseball' clause is contained in the Major League Constitution. I believe that the current version is in Article II, section 2(b). The clause goes back to the point of the transfer of powers from the National Commission to the new Commissioner, Kenesaw Mountain Landis, in November 1920.
Posted By : Ed Edmonds

I am looking for information about all applicable ...

Message posted on : 2010-05-15 - 01:12:46

I am looking for information about all applicable laws in the world. thanks
Posted By : Auto and Trucks

Thanks for these comments, and I particularly appr...

Message posted on : 2010-05-16 - 12:53:24

Thanks for these comments, and I particularly appreciate Ed's response.

To the first person who commented, the Major League Constitution is available on-line at Biz of Baseball:

http://www.bizofbaseball.com/docs/MLConsititutionJune2005Update.pdf

Posted By : Michael McCann

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Message posted on : 2010-05-16 - 21:39:12

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Posted By : Dinah Bee Menil

Tie goes to the umpire.

Message posted on : 2010-05-17 - 17:33:57

Tie goes to the umpire.
Posted By : kathy

Sorry, but I think it is more likely that they are...

Message posted on : 2010-05-18 - 21:00:31

Sorry, but I think it is more likely that they are horrid people than saints. Put it all together: the stripper, the racial slurs by one player, the misogynist e-mail by another -- it doesn't paint a pretty picture. I'm not saying 'lock 'em up,' but this is more than just typical student hijinks.

I think I was pretty clear that the alcohol was a minor transgression. But the school would likely not take such a dismissive stance. Most scholarship athletes would be suspended, at a minimum, for serving alcohol to underage students, so I think it's fair to include that when you measure how irresponsible they were.

Posted By : JimmyG

It is interesting to note that merit schola...

Message posted on : 2010-05-20 - 12:15:01

It is interesting to note that merit scholarships do vary -- some are one-year, some are one-year but renewable for up to 4, some are 4-year from the start.
Posted By : Lior

i love sports, just make it up man. http://tv-in...

Message posted on : 2010-05-21 - 09:13:09

i love sports, just make it up man.


http://tv-infoz.blogspot.com/

Posted By : pandoy

No one who watched his performance throughout that...

Message posted on : 2010-05-22 - 13:57:42

No one who watched his performance throughout that tour could have believed him from the start.

The best-seller cycling book of all time should be Johann Bruyneel's How I Got Away with it with Lance.

On a related note, it's not as if the incentives to enhance performance aren't there. After all, this remains more true than not, especially:
'This is a very, very proud day for me,' said the 115-pound Kvistik, who lost 45% of his body mass during the event, toppled from his saddle moments after finishing, and had to be administered oxygen, fed intravenously, and injected with adrenaline by attending medical personnel. 'They say it is physically impossible to ride all of the Tour without drugs, but we prove them wrong this day.'

Of course, the NFL is totally clean.

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Thanks so much for staying on top of this and for ...

Message posted on : 2010-05-24 - 12:16:05

Thanks so much for staying on top of this and for providing the link!
Posted By : Anonymous

No big surprise, but it's a relief to see the ...

Message posted on : 2010-05-24 - 12:42:53

No big surprise, but it's a relief to see the 9-0 shutout on the NFL's shaky argument.

A victory for fans/consumers!

Posted By : Shayna Crincoli

My favorite line from the opinion was 'a nut ...

Message posted on : 2010-05-24 - 15:54:17

My favorite line from the opinion was 'a nut and a bolt can only operate together, but an agreement between nut and bolt manufacturers is still subject to Section 1 analysis.'

Maybe its time Federal Baseball should be revisited.

Posted By : Jeff

I have a feeling that a key issue on remand will b...

Message posted on : 2010-05-25 - 12:14:06

I have a feeling that a key issue on remand will be the fact that thus far everything has, and will be, limited to the scope of the licensing of Intellectual Property. It will be interesting to see how this affects things moving forward, assuming no settlement.
Posted By : Michael

Can you post a link to the seminar? thanks.

Message posted on : 2010-05-26 - 11:44:16

Can you post a link to the seminar? thanks.
Posted By : Jeff

Alan, You forgot to add Eric Holder and Janet &qu...

Message posted on : 2010-05-27 - 10:37:28

Alan,

You forgot to add Eric Holder and Janet 'from another planet' Napolitano's I haven't read the bill yet, but I read about it in the newspaper and it's clearly discriminatory fibbs... If they didn't lie for a living I may be inclined to buy it...

As far as what kind of skill does it take to be so convincing when inside they must know they will eventually be hoisted by their proverbial own petards.. It seems to be a personality trait shared by athletes, celebs, politicians and lawyers... After all, if we can lie and deny long enough, the public will forget or simply loose interest right?

Ken,

Of course, the NFL is totally clean.
Great line!
And the most recent example is Brian Cushing, the AP's Defensive rookie of the year, who popped positive for a banned substance. The AP took a second vote and Cushing won again... Clearly, the incentive to stay clean is simply not there anymore...

My guess is that if you really want to watch drug free sports, T-Ball and peewee football may be your only remaining options...

Posted By : Jimmy H

...and the same night that Galaragga was robbed, t...

Message posted on : 2010-06-03 - 06:50:28

...and the same night that Galaragga was robbed, the Flyers beat Chicago in a Stanley Cup game after instant replay was used earlier in the night to verify that a goal indeed was scored by Philly when it wasn't called by the refs as such....
Posted By : Anonymous

Maybe the commissioner should just exercise his au...

Message posted on : 2010-06-03 - 08:20:22

Maybe the commissioner should just exercise his authority under the best interests clause and officially award him a perfect game in the record books. If a player's off-field misconduct in a bar gives a league commissioner authority to act, most certainly this does!

The counter-argument is that it would set a bad precedent for the commissioner to interfere with an umpire's call, but I think this is a unique situation that warrants it. This doesn't involve a question about whether the statistician was correct in ruling something a base hit instead of an error or whether the umpire was correct in calling a pitch a ball instead of a strike. It also wouldn't impact at all which team won the game. Perhaps more to the point, it wouldn't create any controversy; nobody would object to the commissioner making such a decision, not even the opposing team or even the umpire. I would bet that Donald (the player who hit the ground ball that was ruled a hit) wouldn't even object!

Posted By : Rick Karcher

Mike: Nope, I have not changed my mind (but I knew...

Message posted on : 2010-06-03 - 10:50:45

Mike: Nope, I have not changed my mind (but I knew someone would bring this up); I just have not had a chance to sit down to write out why. I am not sure I am being old-fashioned as much as just thinking that the human component--from everyone--is part of the game.

Rick: I would object. I think the commissioner coming down to overrule specific on-field decision that do not involve rule interpretation (e.g., the Pine Tar Game) is a generally bad idea, much as Congress does not get to reopen final decisions that it believes were 'wrong.' Plus, I am not sure about your distinction between this and a ball/strike call. Suppose that, in the same situation, the umpire had blown the call on what have been strike 3 of the 27th out, then the player got a hit on the next pitch; it seems to me if commissioner involvement is proper in one, it is proper in the other. Alternatively, is the issue only that it happened on out # 27? Suppose that this exact play/blown call happened on the first batter, who then was picked off first, then Galaragga retired the next 26. Should the commissioner step in? Why is that different?

Posted By : Howard Wasserman

Howard, Since when does league commissioner actio...

Message posted on : 2010-06-03 - 11:36:30

Howard,

Since when does league commissioner action only pertain to rules interpretations? And the team owners have granted the commissioner, not Congress, authority to do certain things (so I don't see how the Congress reference is applicable).

The commissioner's authority under the best interest clause is and always has been entirely subjective based upon what the commissioner personally believes to be in the game's best interest. We can debate whether off-field misconduct affects the integrity of the game, but nevertheless the commissioner has broad discretionary authority to act (absent a provision to the contrary within the league constitution and bylaws or CBA). So if the only objection to the commissioner doing something in this instance is based upon the slippery slope argument or the 'what if' scenarios (which is your objection), that applies to most decisions of the commissioner when acting in the game's best interest.

Lastly, I don't know how to explain the distinction between this and a called ball/strike, except to say that my kid (who tends to be partial towards pitchers) and I (who tend to be partial towards hitters) debate called balls/strikes every inning, and there was nothing for us to debate on this one.

Posted By : Rick Karcher

If you (or anyone) honestly believe that the play ...

Message posted on : 2010-06-03 - 16:19:32

If you (or anyone) honestly believe that the play from last night did not warrant a modified form of instant replay at the very least, in today's day and age, in the age of Youtube, 20 angles of review, use in virtually all other sports, including baseball to a small degree, then you truly represent a minority opinion--one so far extreme that you simply cannot be taken seriously and that this is merely an attempt to 'get your name out there'...and you are certainly not a Tigers fan.
Posted By : Anonymous

Selig's decision not to intervene epitomizes t...

Message posted on : 2010-06-03 - 18:21:27

Selig's decision not to intervene epitomizes the frustration that laypeople often have with lawyers and other insiders who too often tell us, in the face of an obviously incorrect outcome, that 'the system worked.'

Selig clearly followed the rules of the game, saving himself the trouble of future appeals and the need to explain himself when people ask 'where do you draw the line.' Great leaders aren't afraid of this challenge, and they recognize that rule of law is designed to serve society, and not the other way around.

Posted By : JimmyG

Even the White House wants the call changed! This ...

Message posted on : 2010-06-03 - 19:28:47

Even the White House wants the call changed! This is unprecedented...the umpire admits he got it wrong...Galarraga just got a Corvette for his efforts....I hope Selig changes his mind and caves...just like in the movie Rudy when Devine sends him in....and the crowd then cheers....and life is good.......but.....then here come the lawyers....
Posted By : Anonymous

The fact that a perfect game in Major League Baseb...

Message posted on : 2010-06-04 - 00:32:09

The fact that a perfect game in Major League Baseball was lost due to a bad call by the umpire directly challenges Selig's belief that the 'human element' in baseball is all that's necessary to ensure a fair outcome. He's wrong and hopefully, this costly mistake by the umpire will hasten the implementation of video replay into Major League Baseball.
Posted By : Anonymous

...furthermore, Selig should overturn the call and...

Message posted on : 2010-06-04 - 00:39:53

...furthermore, Selig should overturn the call and award the pitcher his perfect game. The overwhelming consensus is that the call was wrong. The umpire has admitted he made a mistake and apologized for it. Selig can do the right thing!
Posted By : Anonymous

Selig should overturn the call by issuing a statem...

Message posted on : 2010-06-04 - 10:12:43

Selig should overturn the call by issuing a statement that begins “Due to the extremely unusual circumstances involving Wednesday night's events . . . .� That would make everyone happy (especially own umpire) and ensure that the commissioner's office did not open the door to future call reversals.
Posted By : Andrew

it such a nice game i really love hockey game.

Message posted on : 2010-06-04 - 22:46:09

it such a nice game i really love hockey game.
Posted By : dodzky

it was such a nice moves on video cool.

Message posted on : 2010-06-06 - 02:32:20

it was such a nice moves on video cool.
Posted By : romel

Bud Selig did exactly what he should have done. T...

Message posted on : 2010-06-06 - 20:20:21

Bud Selig did exactly what he should have done. There is a human element in sports, and sometimes, a ref or an ump will get it completely wrong. I feel for the pitcher, but it was the umps call to make, and he made it.

If Selig is supposed to 'correct' the record books by awarding a player a stat that is not supported by the calls made on the field and the offical boxscore, then we can just throw the record books out the window.

If we are going to 'fix' the books because of a bad call, lets go back and review the rest of the calls in that game. Maybe there was a strike three that should have been ball four...

Posted By : Jimmy H

Suppose for a moment that Jim Joyce had called the...

Message posted on : 2010-06-07 - 00:50:40

Suppose for a moment that Jim Joyce had called the runner out when replays showed conclusively that the runner was safe. In that case, the pitcher would have a perfect game on the books that ought not be there.

If the Commissioner overturns that erroneous call to be sure that 'things are 100% correct in the record books', would they not have to reconvene the teams and continue the game?

Sounds like a messy situation to me...

Posted By : The Sports Curmudgeon

Nice Article. Thanks

Message posted on : 2010-06-07 - 13:18:46

Nice Article. Thanks
Posted By : sewa mobil

Nice to hear from this school that support student...

Message posted on : 2010-06-07 - 21:26:07

Nice to hear from this school that support students... God bless Boston College!
Posted By : romel

In my first post on this (to which I link), I ment...

Message posted on : 2010-06-08 - 07:06:31

In my first post on this (to which I link), I mention a proposal from one correspondent who proposed that the commissioner could change the ruling if no counter-factual would be required (what would have happened next? what might have happened differently?), the game would not need to be replayed or continued, and the outcome would be unchanged. This would take care of the slippery slope problem by limiting the situations in which the commissioner could act--basically to this type of blown *out* call on what would have been the final play of the game. The opposite (called out when actually safe) would not be subject to review.
Posted By : Howard Wasserman

Right. You just stated why the majority of fans (...

Message posted on : 2010-06-08 - 11:23:13

Right. You just stated why the majority of fans (at least according to the polls) think the commissioner should act. And he can do that under the best interest clause. No need to create any new rules that limit the situations in which he could act.
Posted By : Rick Karcher

Great post- good to see the high level of support ...

Message posted on : 2010-06-10 - 07:30:39

Great post- good to see the high level of support given to the students, shame not all schools are the same
Posted By : Cheshire solicitors

It will be good if the people will discuss with a ...

Message posted on : 2010-06-10 - 08:34:04

It will be good if the people will discuss with a good lawyers.
Posted By : Arizona Dui Attorney

Basically umpire's decision is depend on the g...

Message posted on : 2010-06-10 - 08:44:07

Basically umpire's decision is depend on the game.
Posted By : Washington Dui Attorney

That's interesting

Message posted on : 2010-06-11 - 08:44:52

That's interesting
Posted By : DeAnte Mitchell

....and the NCAA's 501 C 3 exemption.....and t...

Message posted on : 2010-06-12 - 10:02:11

....and the NCAA's 501 C 3 exemption.....and the charitable donation deduction to athletic departments.....are also on the clock as well.....whoa boy....this is gonna be good.....not to mention breach of contracts related to games not played as the result of realignment...enforcement of liquidated damages clauses....its like a law school exam but in real life!
Posted By : Anonymous

Image what happens to the business model when the ...

Message posted on : 2010-06-13 - 08:41:03

Image what happens to the business model when the Conference USA, Mid-American, WAC, and Sun Belt Conferences schools either give up football or move down to I-AA.

Could Penn State really have a schedule of four 1-AA schools and its conference games.

On a second topic, why would anyone ever want to be the head football coach at Indiana when the school will finish last in its division every year. It the 20 million for the athletic department worth it is the stands are empty and the alumni lose interest?

Posted By : Superdestroyer

Yes. And don't forget the 'buy in' a...

Message posted on : 2010-06-13 - 09:45:47

Yes. And don't forget the 'buy in' approach to academics either: http://msn.foxsports.com/cfb/story/FedEx-would-pay-conference-10-million-to-add-Memphis-report-says-061210
Posted By : Anonymous

Anon, you mean the offer state officials a lot of ...

Message posted on : 2010-06-13 - 16:03:23

Anon, you mean the offer state officials a lot of money to perform an official act proposal?
Posted By : Anonymous

I know this is in the realm of fantasy, but wouldn...

Message posted on : 2010-06-13 - 22:15:13

I know this is in the realm of fantasy, but wouldn't it be nice if, as fall out from all this realignment, the academically serious schools still playing D-I football finally just said, 'No more'. No more ridiculous expenditures on big time college football, no more semi-professional college athletes, no more hypocrisy.

I am thinking of Duke, Stanford, Vanderbilt, Rice, Army, Navy, AFA.

Perhaps add Northwestern, Cal, Boston College, UVa and UNC.

And then, and I am really dreaming, Notre Dame.

In this fantasy, all these schools would form one or two additional D-II conferences and compete with the Ivy League, Patriot League and Southern Conference in an expanded D-II. Given the academic prestige of the newly expanded division, perhaps some additional smaller D-I schools would develop the courage to drop D-I football.

Dream on...

Posted By : Frode

Football does not drive things at IU; basketball d...

Message posted on : 2010-06-13 - 23:18:37

Football does not drive things at IU; basketball does. If Tom Crean turns things around (and I believe he will), the alumni will be plenty happy.

What worries me is my beloved Wildcats, who simply never would be able to compete for a conference title ever in that crowd.

Posted By : Howard Wasserman

It was nearly an airball, but the second angle in ...

Message posted on : 2010-06-14 - 22:45:56

It was nearly an airball, but the second angle in the youtube clip clearly shows that the ball grazed the rim and changed trajectory. So they made the right call.
Posted By : Dave Spiegel

dave is being wishful. one of the angles shows day...

Message posted on : 2010-06-14 - 23:23:47

dave is being wishful. one of the angles shows daylight between the ball and rim at all times
Posted By : Anonymous

Are you serious? The rotation and trajectory both ...

Message posted on : 2010-06-15 - 01:33:15

Are you serious? The rotation and trajectory both obviously changed.
Posted By : Anonymous

did it change when it hit the rim, or change when ...

Message posted on : 2010-06-15 - 02:08:30

did it change when it hit the rim, or change when it hit the foam bottom of the backboard?

i think that's an airball

Posted By : Anonymous

clearly not an airball, the ball changes it's ...

Message posted on : 2010-06-15 - 09:37:30

clearly not an airball, the ball changes it's rotation twice, once after glancing the rim, and another after hitting the backboard.
Posted By : Anonymous

Laker fans will deny the rotation changes but the ...

Message posted on : 2010-06-15 - 11:17:44

Laker fans will deny the rotation changes but the ball barely grazed the rim. Tough call for the refs to make; I'm surprised they got it right, frankly.
Posted By : Anonymous

The replay from straight on shows the change in tr...

Message posted on : 2010-06-15 - 11:56:50

The replay from straight on shows the change in trajectory, the others don't. It was a good call that i didn't notice until watching the game the next day. Live, I thought it was a bad call.
Posted By : yuckabuck

One thing to consider, as we use replay more and m...

Message posted on : 2010-06-15 - 12:46:13

One thing to consider, as we use replay more and more, is the loss of 'outcome-based officiating.' This happens most in basketball, but also in the other sports. Where the official decides what outcome is fair, then maps the correct call to it.

The easiest example is in basketball, where player A fouls player B, and the ball last touches player B on its way out of bounds. The objectively correct calls are either 'Foul on player A' or 'Out of bounds off of player B.' Yet the official will often call 'Out of bounds off player A.' Because the correct outcome is that player B gets the ball back.

This kind of officiating is, IMO, good, and done in all sports. I fear that replay will take that away, and we'll start examining things to the inch, instead of examining how things should turn out.

Posted By : Anonymous

Thanks to everyone who responded for confirming wh...

Message posted on : 2010-06-15 - 13:22:56

Thanks to everyone who responded for confirming what I have long said: Video is not conclusive and does not resolve most discussions. What one sees in the video is subject to the same acts of interpretation and perception and perspective (different angles show different things) as everything else.
Posted By : Howard Wasserman

Without replay that is a difficult call. With repl...

Message posted on : 2010-06-15 - 13:36:13

Without replay that is a difficult call. With replay? Lakers fans should not even try to kid themselves, it's absolutely obvious that it hit the rim.
Posted By : Anonymous

It hit the rim.

Message posted on : 2010-06-15 - 16:41:58

It hit the rim.
Posted By : Anonymous

The reason NBA replay rules work the way they do i...

Message posted on : 2010-06-15 - 20:23:56

The reason NBA replay rules work the way they do is that instant replay can only be used when the game is stopped. Thus (except for 3-point field goals) only calls stopping the game are reviewed, not decisions to not stop the game. The 3-pt field goal is treated exceptionally since adding and removing points from the score can be done later.

For example, once the ball goes out of bounds the game stops and the referees can use TV to see who touched it last. On the other hand, an airball/rebound decision does not necessarily stop the play -- if the call is 'rebound' then play continues; once play tops it is possible in theory to review the call and then 'backtrack' and restart the game from the point of the bad call, but this is not the NBA's philosophy for review.

This game-stopping issue creates a bias, by the way, since only positive decision to blow the whistle are reviewable (these stop the game), while non-calls aren't (play continues).

In my opinion this is why instant replay is natural in American football (where the game stops anyway after every play) and is so awkward in basketball and football.

Separately, I think that TV review of calls is fundamentally bad in all sports since it makes referee calls provisional. I think fans should accept the fact that referees are human and make mistakes and let the game go on. Yes, sometimes your team will get 'robbed', and sometimes your team will win 'undeservedly', but the game is more fun when it is won on the court than when it is won in some platonic sense by looking at an instant replay from six angles.

Posted By : Lior

This is a great point and one that is lost in the ...

Message posted on : 2010-06-16 - 10:38:44

This is a great point and one that is lost in the simplicity of the judge-as-umpire metaphor. We used to acknowledge that judges do and should act this way--we used to call this discretion or equity or justice or something.
Posted By : Howard Wasserman

Nice post! It's a great gimmick, but if the NF...

Message posted on : 2010-06-17 - 01:21:39

Nice post! It's a great gimmick, but if the NFL on network television can't have full control over what the announcers say, it's doubtful HBO, let alone a major network, will accept those coverage limitations. That's the major hurdle.
Posted By : NFL Merchandise

Wow thats crazy. People will have to sign waivers ...

Message posted on : 2010-06-20 - 22:46:17

Wow thats crazy. People will have to sign waivers saying they assume the risk of flying hotdogs....

Mike

KANSAS LAWYER

Posted By : Mikethelawstudent

It should be changed...

Message posted on : 2010-06-21 - 04:51:02

It should be changed...
Posted By : Personal Injury Lawyers Liverpool

This answer we will never know!

Message posted on : 2010-06-21 - 20:32:29

This answer we will never know!
Posted By : Advogado Rio de Janeiro

Good points, well written--and didn't know Hat...

Message posted on : 2010-06-21 - 20:50:29

Good points, well written--and didn't know Hatch graduated from BYU.
Posted By : Anonymous

Yes. There's also several wonderful pieces on ...

Message posted on : 2010-06-22 - 11:29:24

Yes. There's also several wonderful pieces on 'abovethelaw.com' about how not only do some law professors refuse to simply bend at the whim of administrators on this grade issue (at DePaul, for example), but that some allege that law professors are actually a part of the overall problem with students not getting jobs (http://abovethelaw.com/2010/06/law-professors-part-of-the-problem/). Sorry, didn't see anything about the Red Sox thing, but did see about how some law grads are trying to get jobs on Craigslist....
Posted By : Anonymous

Thanks for the post. Funny, but not really for rec...

Message posted on : 2010-06-22 - 12:23:14

Thanks for the post. Funny, but not really for recent grads and 3Ls.
Posted By : Anonymous

I would hate to graduate into this economy, but I ...

Message posted on : 2010-06-22 - 14:53:54

I would hate to graduate into this economy, but I would also take any help I could get...
Posted By : Anonymous

Great minds think alike. I spoke to one of Senator...

Message posted on : 2010-06-22 - 16:18:10

Great minds think alike. I spoke to one of Senator Hatch's representatives last week asking the same questions you are. Naturally, I got the run around but I'm still working to get answers. I did at least get this much out of the conversation; I was told, but not allowed to quote Hatch's representative, who said that he would continue his pursuit of the BCS and his belief that is violates antitrust laws.
Posted By : MoonDog

well...definitely that is true...you may also want...

Message posted on : 2010-06-23 - 21:57:20

well...definitely that is true...you may also want to check my webpage. to find out more. you can get every info you want to get OMAHA HOMES.

http://showomaha.com/

Posted By : nepal

Its always hard to find the quality information, b...

Message posted on : 2010-06-24 - 01:37:24

Its always hard to find the quality information, but you have done a nice job for sharing the quality information regarding tennis matches.
Posted By : iphone games review

I am a tennis fanatic. That match was indeed tirin...

Message posted on : 2010-06-24 - 16:49:41

I am a tennis fanatic. That match was indeed tiring and long. The final score was something you might find in an NBA game!
Posted By : A Person of many causes

Howard, Don't underestimate the chances of th...

Message posted on : 2010-06-24 - 20:48:56

Howard,

Don't underestimate the chances of this happening again. As you noted, it's a result of dominant serves, which are only getting more powerful as players get stronger and rackets get better.

I'm not saying 140-game sets are going to be common, but the game is heading in a direction that makes it more, not less, likely.

Posted By : JimmyG

Since the tennis game is built on the 15-30-40-gam...

Message posted on : 2010-06-25 - 01:51:26

Since the tennis game is built on the 15-30-40-game mentality, I think the tiebreaker is an abnormality in the first place. Why should tennis advocate for scoring rules that don't exist in the matchplay in majority?
Them's the rules of tennis.
But, in order to boost fan support the tiebreaker was introduced.
If we were to look at the common law, this is it: 15-30-40-game. Whether this is an outdated scoring system, I think, is a different question.
As it stands, though, why should one not be able to marathon an opponent (notwithstanding a hand-breaking serve) to a 3-day match just to win?
Them's the rules; and they work well.

For what it's worth: http://tennisracquetsport.suite101.com/article.cfm/history_of_tiebreak_in_tennis

Posted By : Chris

Thanks for this. I hope the BCS blows up. On a dif...

Message posted on : 2010-06-27 - 13:06:14

Thanks for this. I hope the BCS blows up. On a different note, do you think Howard W. would be in favor of instant replay for the English goal that didn't count today? Just sayin'....
Posted By : Anonymous

I think most people familiar with how the system w...

Message posted on : 2010-06-27 - 14:01:04

I think most people familiar with how the system works have been touting the financial disparity angle from the beginning, no?

Hope we have a chance soon to sit down in person and chat about this stuff, your writing so far has been fascinating.

Posted By : Tim

Tim, Thanks for the kind words. I do think that ...

Message posted on : 2010-06-27 - 14:36:44

Tim,

Thanks for the kind words. I do think that people have been touting the financial disparity issue for a while, but in a slightly different way than I am talking about it. Almost all of the law review literature on the BCS, for instance, focuses on the unequal access for non-BCS conferences and the financial imbalances that that creates.

Alternatively, when I'm talking about financial disparity I am primarily referring to the fact that even when non-BCS conferences overcome all the odds and qualify for a BCS bowl game, they still receive significantly less revenue than do each of the BCS Conferences for their participation. While I have seen a few mainstream articles this year highlighting this disparity, I haven't seen a lot of discussion regarding the antitrust implications of this imbalance. My contention is that the BCS's disproportionate revenue distribution constitutes an antitrust violation in and of itself, separate from any access-related issues. I think that this is a stronger grounds upon which to attack the BCS, because it takes away the BCS's first line of defense, namely the increased access for non-BCS teams in recent years.

Posted By : Nathaniel Grow

Because he's crazy.

Message posted on : 2010-06-28 - 13:44:34

Because he's crazy.
Posted By : Anonymous

Keith Foulke did something similair a few years ag...

Message posted on : 2010-06-28 - 14:28:20

Keith Foulke did something similair a few years ago with the Cleveland Indians. He retired a few days after guarenteed money kicked in and gave it back.
Posted By : Brian

Professor McCann, I'd have to think that if S...

Message posted on : 2010-06-28 - 14:36:01

Professor McCann,

I'd have to think that if Sheed would go broke after racking up $150 million, he'd probably face the same fate if his total were instead $162 million. I doubt that increasing his total salary earned by less than 10% would make the difference between financial ruin and lifelong stability.

That being said, $12 million is obviously a huge sum of money that the average non-professional athlete probably can't imagine walking away from, and you make a good point. I hope that Sheed has saved wisely!

Posted By : Leah

Brian, great point about Keith Foulke. I looked i...

Message posted on : 2010-06-28 - 15:27:14

Brian, great point about Keith Foulke. I looked it up: he walked away from a $5 million with the Indians in 2007 by retiring. A year later, however, he apparently changed his mind and unretired and signed with the A's for $700,000. So he lost about $4.7 million in that process.

Leah, that's also a great point -- if Wallace didn't save his money to date, it is unlikely he would do so going forward (unless the recognition that his career was coming to a close changes his spending/saving habits).

Posted By : Michael McCann

Foulke was crazy too.

Message posted on : 2010-06-28 - 15:59:13

Foulke was crazy too.
Posted By : Anonymous

Okay, first of all, just because NASCAR is on ESPN...

Message posted on : 2010-06-28 - 21:27:32

Okay, first of all, just because NASCAR is on ESPN does NOT make it a sport. Why? Because then so would the SPELLING BEE!!!!!!

And not to sound sexist, but name one 'sport' (other than NASCAR) in which a woman can beat a man (at the professional level).

Posted By : Anonymous

Boise State is actually in a BCS conference, but t...

Message posted on : 2010-06-29 - 17:00:01

Boise State is actually in a BCS conference, but the WAC isn't an automatic qualifying BCS conference.

People tend to point towards the financial disparities between the automatic qualifying programs and the non-AQs, but the disbursement figures would seem to refute the claims.

Posted By : MoonDog

'Plus, it's just wrong. Umpires don't...

Message posted on : 2010-07-02 - 01:22:19

'Plus, it's just wrong. Umpires don't 'decide' the game--who wins and loses. That is done by the players who throw the ball, catch the ball, and hit the ball. So, sure, umpires are secondary to the players on the field. But judges (at least in non-jury cases) do decide the case; it is their job to determine who wins and who loses in litigation that has been brought before the court.'

I think the metaphor can be rehabilitated on this point by saying that judges don't decide cases -- facts decide cases. Now, that can be disputed for a whole variety of reasons, but those come down to philosophical debates, I think, not things that can really be declared 'right' or 'wrong'.

Why I'm attempting to rehabilitate a metaphor I hate with a passion, I don't know. I'm contrary, I guess.

Posted By : Jason Wojciechowski

Except 'facts' don't decide cases--t...

Message posted on : 2010-07-02 - 08:30:55

Except 'facts' don't decide cases--the perception of facts by the fact-finder decides cases. And that is far less knowable (if knowable at all) than whether the Cubs scored more runs than the Mets.
Posted By : Howard Wasserman

We Hubert T. Morrow & Associates are a group o...

Message posted on : 2010-07-02 - 08:57:23

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Posted By : princewins

Nice, uplifting post. The J.D. does provide a lot ...

Message posted on : 2010-07-02 - 18:48:27

Nice, uplifting post. The J.D. does provide a lot of flexibility and credibility.
Posted By : Anonymous

Brian Bruke, JD from Harvard, has done pretty well...

Message posted on : 2010-07-03 - 02:18:43

Brian Bruke, JD from Harvard, has done pretty well for himself, too. But he did play hockey to the College level.
Posted By : Anonymous

Correction: 'Burke'.

Message posted on : 2010-07-03 - 02:19:19

Correction: 'Burke'.
Posted By : Anonymous

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Message posted on : 2010-07-03 - 10:00:46

I read your blog ,and i found this is very nice .
Posted By : bileckilawgroup

Not sure, but isn't this exactly what professi...

Message posted on : 2010-07-05 - 12:57:25

Not sure, but isn't this exactly what professional wrestlers have to deal with?
Posted By : Anonymous

The League does not disburse its 'player&quot...

Message posted on : 2010-07-06 - 14:37:42

The League does not disburse its 'player' contracts. I just checked with the League office.
Posted By : Bram A. Maravent

CalorieLab put up a post with more details on the ...

Message posted on : 2010-07-07 - 10:20:19

CalorieLab put up a post with more details on the contract here:

http://calorielab.com/news/2010/07/04/competitive-eating-athlete-contracts/

(See also the update link at the bottom of that post.)

It sounds like the MLE is requiring that athletes sign an agency agreement with them so they get 20 percent of any income even remotely related to their eating careers.

Posted By : Anonymous

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Message posted on : 2010-07-07 - 17:35:31

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Posted By : Pariuri Sportive

Does anyone know if there had been any matches whe...

Message posted on : 2010-07-08 - 01:02:29

Does anyone know if there had been any matches where there was a set that went beyond, say, 35-33; I can't find too many that got into the 30's, before or after the introduction of the tiebreaker.
I would say put this one into the once-in-a-lifetime file, much like the few NHL playoff games that go to or past 5 OT's, or the NBA game that ended Pistons 186, Nuggets 184 (3OT) in December 1983.
Don't advocate a limit on a deciding set--or far worse, a U.S. Open-style deciding set tiebreaker, just because of one set that ended 70-68 in the deciding set...besides, it got more than a few people talking about tennis for once, for the first time in a long time.

P.S. Don't forget long tiebreakers, i.e. 'the Battle of 18-16'--John McEnroe's fourth set tiebreaker went 34 points, and forced a deciding set...which Bjorn Borg won 8-6 as noted above.

Posted By : Anonymous

I wanted to throw out one other very darkhorse can...

Message posted on : 2010-07-08 - 13:38:25

I wanted to throw out one other very darkhorse candidate for Lebron, the EuroLeague.

http://sportsjudge.blogspot.com/

Posted By : Anonymous

Miami Vice

Message posted on : 2010-07-08 - 21:59:44

Miami Vice
Posted By : Anonymous

I think I will hold on to his personal guarantee, ...

Message posted on : 2010-07-09 - 09:51:13

I think I will hold on to his personal guarantee, also. It will likely be redeemable after the next NBA season.
Posted By : Anonymous

Great post!!!!

Message posted on : 2010-07-09 - 10:31:16

Great post!!!!
Posted By : Anonymous

This is why the Cavaliers have never won a Champio...

Message posted on : 2010-07-09 - 10:35:07

This is why the Cavaliers have never won a Championship -- it's a team sport. The Cavs need to build a squad. Then allow them to go to the next level for each other. Then build a bench. One person never makes a Championship team.
Posted By : Anonymous

He really does sound like a spurned high-school st...

Message posted on : 2010-07-09 - 10:51:44

He really does sound like a spurned high-school student. Not only unprofessional . . . but kind of pathetic as well.
Posted By : Andrew

I agree across the board Mike. I'd also add th...

Message posted on : 2010-07-09 - 10:55:54

I agree across the board Mike. I'd also add that Gilbert didn't show any loyalty to Mike Brown & Danny Ferry this summer despite all the success they've had the past few years as Cavs' coach & GM respectively.
Posted By : Chad McEvoy

The PBA also requires its bowlers to hand over 20%...

Message posted on : 2010-07-09 - 11:14:12

The PBA also requires its bowlers to hand over 20% of the income they receive from their endorsements.
Posted By : Darren Heitner

I agree with the first point. Yet I think on the ...

Message posted on : 2010-07-09 - 12:54:11

I agree with the first point. Yet I think on the second point is where we, as lawyers or potential lawyers, sometimes lose sight of a bigger picture. Following the terms of the legal system in place, Lebron does not have any technical liability but there are still relationships to be managed. Lebron cultivated and capitalized on the relationships over his years in Cleveland. I think it is too simple to limit responsibility in the process strictly to the terms of the CBA.

You're right that in courting Izzo he was less concerned with a relationship of equal importance but I think Izzo and James represent relatively rare positions in their communities.

I think the NBA may let the letter stay up as a way for Cleveland ownership to empathize with Cavs fans. How would emotionally invested fans react if their owner issued a dismissal letter in cold business terms?

Posted By : Pat

George McPhee, VP and General Manager of the Washi...

Message posted on : 2010-07-09 - 13:38:23

George McPhee, VP and General Manager of the Washington Capitals got his law degree at Rutgers.
Posted By : Anonymous

We usually complain about free agents chasing the ...

Message posted on : 2010-07-09 - 16:28:57

We usually complain about free agents chasing the highest paycheck (which often means they leave town for a larger market). In this case, LeBron is actually going to earn less in Miami.

He clearly just wants to win a championship (even if he has to share the spotlight). Not chasing the money AND wanting to win are usually considered good attributes.

One positive aspect of The Decision, while appearing to be highly ego-driven, is that the Boys and Girls Clubs are going to reportedly reap at least $2.5 million (along with lots of free PR that might lead to greater donations). Again, this is a good thing.

I think this is the safest, best decision LeBron could have made.

Posted By : Anonymous

Looks like LeBron took the easy way out to me. Ta...

Message posted on : 2010-07-09 - 18:23:22

Looks like LeBron took the easy way out to me. Taking on the challenge of winning a title for his hometown in Cleveland would have been worth several championships with the new, stacked 'Big Three' in Miami. He should have stayed the course in Cleveland, and his popularity would continue to soar, as well as his income!
Posted By : Jim

Great post! I couldn't help but laugh aloud re...

Message posted on : 2010-07-09 - 18:37:51

Great post! I couldn't help but laugh aloud reading the language Gilbert uses throughout his diatribe--completely agree on most of your points, though I'm a little skeptical that Lebron will push for slander; he's a fine marketer of himself, but I think he'll try and prove Gilbert wrong on the basketball court instead of in court.

I read earlier today that Lebron's 'Decision' program drew a 7.3 yesterday for ESPN, which was higher than the final Cavs/Celtics game (or any other playoff game on cable in 2010). Another sign that while players might value winning championships on a team, that fans value the individual players more?

Posted By : John C

Dan Gilbert should be ashamed of himself for speak...

Message posted on : 2010-07-09 - 23:45:44

Dan Gilbert should be ashamed of himself for speaking ill of Lebron. Nobody even cared about the Cavaliers before Lebron James got signed. What nba players are going to want to play for the Cavaliers after what Gilbert did to Lebron.

Upland Bankruptcy Attorney

Posted By : Eric

..and nobody is going to care about Cleveland soon...

Message posted on : 2010-07-10 - 07:05:34

..and nobody is going to care about Cleveland soon enough...again.
Posted By : Anonymous

MIke, one good reason can be found in the research...

Message posted on : 2010-07-11 - 20:09:55

MIke, one good reason can be found in the research on the NFL by Thaler & Massey which suggests that clubs irrationally overprice high draft picks (ie they give up too much to get a high 1st round pick). Maybe MLB are smart in limiting the scope of the 'irrational exuberance of traders'.
Posted By : Rob Macdonald

Gilbert is a slave master: http://www.sportingnews...

Message posted on : 2010-07-11 - 20:33:03

Gilbert is a slave master: http://www.sportingnews.com/nba/article/2010-07-11/jesse-jackson-faults-cavs-owners-lebron-comments
Posted By : Anonymous

I agree with most of this post and with most of th...

Message posted on : 2010-07-12 - 17:32:41

I agree with most of this post and with most of the comments. Gilbert and others have labeled Lebron 'narcissistic' and the like for nurturing and delivering the biggest free agent production in sports history, no small part of which was the ESPN special.

I grant that the boys and girls club was an excellent PR move and the benefits for that organization are fantastic (nice move, Lebron and his people), but what are the best counterarguments to the belief that the entire production was egocentric and self-indulgent? Should we simply admire Lebron's brass for creating public interest and a national audience for something that is really all about him? (Lebron, Wade and Bosh have already gotten plenty of mileage out of the 'we sacrificed money for team' shtick.)

What about those who say Lebron has damaged his public image not by making the choice he made, but by choosing to reveal his choice in the manner he did?

Posted By : Kevin

How considerate of him.

Message posted on : 2010-07-13 - 17:10:36

How considerate of him.
Posted By : snarky panda

Excellent site, keep up the good work. I read a lo...

Message posted on : 2010-07-14 - 04:38:37

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Posted By : Abbie

This brings me back to the old book by Tollison et...

Message posted on : 2010-07-14 - 18:51:06

This brings me back to the old book by Tollison et al. (NCAA as a cartel) which showed empirically that cheating paid off. The punishment (if caught at all) had a much less negative effect on future winning than the positive effect of the crime.
Posted By : Dan Rascher

Great post and the comments at the end are awesome...

Message posted on : 2010-07-15 - 06:23:05

Great post and the comments at the end are awesome!
Posted By : Anonymous

Would have been interesting to see if this 'r...

Message posted on : 2010-07-15 - 23:52:07

Would have been interesting to see if this 'review' would still have come about if the player involved wasn't Ben Cousins or another sportsperson who was a recovering drug addict.

In Cousins' case, the problem seemed to be not that he used caffeine tablets but that he mixed the use with sleeping tablets. From all the discussion that has been going on here over the last couple of weeks the use of caffeine tablets appears to be a readily accepted practice amongst a number of AFL players.

Posted By : Mark L

If sand volleyball can be a Title IX eligible spor...

Message posted on : 2010-07-16 - 10:40:48

If sand volleyball can be a Title IX eligible sport, so can competitive cheer. All that needs to happen is that there need to be enough cheer teams (squads) around the country to form a legitimate conference/league with a legitimate championship and legitimate competition involving wins and losses. What's really going on here is that Title IX crusaders do not want to give any credence to competitive cheer as legitimate, while at the same time second-tier athletic departments try to circumvent Title IX 'requirements' by asserting that this is indeed a sport for Title IX purposes to cut costs. (On a different note, change 'variety' to 'varsity').
Posted By : Anonymous

Thanks for the comment and good catch on the missp...

Message posted on : 2010-07-16 - 10:52:23

Thanks for the comment and good catch on the misspelling of varsity. I guess it's also something of a variety sport, given the different cheers and all, but yes, I intended to type varsity.
Posted By : Michael McCann

Dan, thanks for checking in. I think that researc...

Message posted on : 2010-07-16 - 10:54:42

Dan, thanks for checking in. I think that research is spot on here. Unless the incentive scheme is changed dramatically, I imagine cheating will continue to pay off for big-time college sports programs.

Anonymous, I appreciate the kind words.

Posted By : Michael McCann

Excellent article!

Message posted on : 2010-07-17 - 02:54:04

Excellent article!
Posted By : Agenzia modelle milano

Can you link the actual decision to your post? (or...

Message posted on : 2010-07-19 - 21:35:10

Can you link the actual decision to your post? (or maybe you are waiting for the 26th?)
Posted By : Anonymous

Here is the link to the opinion. http://www.poughk...

Message posted on : 2010-07-19 - 23:20:09

Here is the link to the opinion. http://www.poughkeepsiejournal.com/assets/pdf/BK161025719.PDF
Posted By : Gabe Feldman

Excellent!

Message posted on : 2010-07-20 - 06:27:16

Excellent!
Posted By : Anonymous

This is an extremely interesting topic- it also po...

Message posted on : 2010-07-20 - 09:07:09

This is an extremely interesting topic- it also poses the question of how far are people willing to go for their sport?
Posted By : adult walkers

Wow, outstanding article. Extremely interesting a...

Message posted on : 2010-07-20 - 09:19:15

Wow, outstanding article. Extremely interesting and well-written.

Could player contracts include language that doesn't let teams make requests like these?

Posted By : Anonymous

Awesome, awesome work! Thanks for the update!

Message posted on : 2010-07-20 - 12:06:56

Awesome, awesome work! Thanks for the update!
Posted By : Anonymous

It's all about money and it seems everyone has...

Message posted on : 2010-07-20 - 19:12:22

It's all about money and it seems everyone has a price nowadays
Posted By : Promart Supplements

What is wrong with celebrities and sports people? ...

Message posted on : 2010-07-20 - 19:17:26

What is wrong with celebrities and sports people? They are all on drugs - whether prescription or not! But then again, probably about a quarter of the general public use recreational drugs anywya. They just aren't reported on!
Posted By : Promart Supplements

Thanks for these comments and nice words. AW, I a...

Message posted on : 2010-07-21 - 00:13:40

Thanks for these comments and nice words.

AW, I agree, it's a little unsettling to see athletes put in positions where in order to compete at the highest level, they may feel compelled to modify a perfectly healthy/normal organ.

Anonymous, I think whether player contracts contemplate these issues will come down to how important this topic is to players in their collective bargaining with leagues. It probably isn't a key topic right now, but in time it might prove to be an issue worth expending some of their bargaining leverage on.

Posted By : Michael McCann

Seems like there is an emerging dialog involving p...

Message posted on : 2010-07-21 - 04:35:08

Seems like there is an emerging dialog involving pre-emptive Tommy John surgery that parallels this post.

How can indict those whose strong competitive instincts have allowed them to rise to the top of their profession for doing everything possible to fulfill those instincts?

Obviously our joy in watching others excel feeds their desire to compete.

How/why do we break that cycle?

Rules form the structure necessary for competition to exist but rules cannot provide a complete description of what we cherish in sport.

Posted By : Matthew

nice post... team is looking very great in form......

Message posted on : 2010-07-21 - 07:55:07

nice post... team is looking very great in form..... All the best from discount squash rackets for nest season.
Posted By : Discount Sports Equipment

Do you agree with the Quinnipiac decision?

Message posted on : 2010-07-21 - 16:17:26

Do you agree with the Quinnipiac decision?
Posted By : Anonymous

Great summary! Can you please refer us to any more...

Message posted on : 2010-07-21 - 17:12:03

Great summary! Can you please refer us to any more relevant articles that could help an agent/lawyer based in CA in the combat sports (mixed martial arts) industry?
Posted By : MMA Fighting Words

There was an episode of Penn and Teller's &quo...

Message posted on : 2010-07-21 - 18:29:51

There was an episode of Penn and Teller's 'Bullshit' (on Showtime) concerning Cheerleading's eligibility as a sport (and for Title IX) and why it's in great interest of Varsity to keep it from being so:

http://www.slantmagazine.com/tv/review/penn-teller-bullshit-season-eight/180

Posted By : Matt

Well, it's either a rampant case of anti-Ameri...

Message posted on : 2010-07-21 - 21:02:47

Well, it's either a rampant case of anti-Americanism (not unusual in this day and age) or women's sports are just not promoted properly. Perhaps if the softball players wore bikinis and played on a beach, there would be thousands of spectators eagerly buying tickets and supporting the sport.
Women's tennis surely has its audience - could it be the short skirts?

Posted By : Anonymous

How 'bout Nick Saban all of a sudden being the...

Message posted on : 2010-07-22 - 07:57:38

How 'bout Nick Saban all of a sudden being the know-it-all for what is right and wrong with the sports agent business!
Posted By : Anonymous

You're being too kind. The UAAA is virtually ...

Message posted on : 2010-07-22 - 11:31:26

You're being too kind. The UAAA is virtually toothless. I can't wait for the first high profile lawsuit or criminal case to work its way through the courts. It will expose the flaws in the system. Maybe it will lead to federal regulation of the agent industry at long last.
Posted By : Anonymous

'But not in California, one of 12 states that...

Message posted on : 2010-07-22 - 13:39:00

'But not in California, one of 12 states that has yet to adopt the Uniform Athlete Agents Act, which allows schools to bring action against both athletes and agents whose improper contact results in a lost of eligibility and damages to a sports program'--guess she missed Tim Epstein's post about Illinois becoming the 39th state, in this blog the other day...
Posted By : Anonymous

Epstein on the ball! (not D-bol, of course). Thank...

Message posted on : 2010-07-22 - 18:37:54

Epstein on the ball! (not D-bol, of course). Thanks for the update. It's amazing what can be done when there is no union to interfere.
Posted By : Anonymous

The concept of day and night is based on a specifi...

Message posted on : 2010-07-23 - 09:04:04

The concept of day and night is based on a specific law which is set by nature, so that the universe can work accordingly and systematically. As the universe is divided into large and small pieces of land and water, which are given specific geographical names like sea, ocean, city country and then the particular names like USA, Pacific ocean etc administrative law.
Posted By : Law Updates

Thanks for sharing informative aricle i will bookm...

Message posted on : 2010-07-23 - 09:40:15

Thanks for sharing informative aricle i will bookmark it.
Posted By : Las Vegas Personal Injury Attorneys

Michael, When you talk about the possibility of br...

Message posted on : 2010-07-23 - 11:53:11

Michael,
When you talk about the possibility of breach of K claims, are you referring to the actual athletic scholarship or the 08-3a form these guys sign? If the latter, has it been established (through caselaw or otherwise) that it is indeed a contract?

Posted By : Anonymous

It's an intresting topic. Good http://www.cri...

Message posted on : 2010-07-23 - 15:41:21

It's an intresting topic. Good

http://www.cricketdictionary.com/

Posted By : krookpit

Man, didn't know about this! Awesome for shari...

Message posted on : 2010-07-23 - 16:47:39

Man, didn't know about this! Awesome for sharing.
Posted By : Anonymous

Congrats to Andre Dawson. Long awaited and well d...

Message posted on : 2010-07-23 - 20:00:44

Congrats to Andre Dawson. Long awaited and well deserved.
Posted By : MK

He also was awarded over a million once the owners...

Message posted on : 2010-07-24 - 07:38:27

He also was awarded over a million once the owners were found guilty of collusion, so made out pretty well in the end.
Posted By : Anonymous

You know, this is like a fundamental 'agency&...

Message posted on : 2010-07-25 - 10:49:06

You know, this is like a fundamental 'agency' question on a law school exam. Krause had authority, period. Why? Well, whether it was actual or apparent, the key question is 'What did the 3rd party perceive the authority to be.' Good post, and congrats on the interview.
Posted By : Anonymous

Thanks, Anonymous. Great point about this fact-pa...

Message posted on : 2010-07-25 - 11:13:15

Thanks, Anonymous. Great point about this fact-pattern being like a law school exam question. And I agree, it seems (based on the facts that we know) that Coach Prince has a pretty valid claim against K State.
Posted By : Michael McCann

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Message posted on : 2010-07-26 - 02:44:04

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Message posted on : 2010-07-26 - 05:27:49

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Posted By : Daniel

I would like to exchange links with you.. reply me...

Message posted on : 2010-07-26 - 05:47:08

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Posted By : Jack

Marc - Another interesting labor relations aspect ...

Message posted on : 2010-07-26 - 11:31:57

Marc - Another interesting labor relations aspect of Dawson's career to me is that he is one of only six Cubs to ever go to a salary arbitration hearing with the team. Chicago and the Milwaukee Brewers both had cases this past February although they are both teams with a record of few hearings since the process began in 1974. Dawson lost his hearing in 1988 when the exchanged figures ($1,850,000 and $2,000,000) were actually pretty close. Dick Moss was his agent, and he put together a two-year deal for Dawson in March 1988. Steve Goldberg was the arbitrator who decided for the Cubs, and he holds the distinction of being the most prolific of all salary arbitrators.
Posted By : Ed Edmonds

Wish I had a subscription. Quick note: Lane Kiffin...

Message posted on : 2010-07-26 - 19:13:22

Wish I had a subscription. Quick note: Lane Kiffin being sued by Titans for tortious interference with a contract by luring a coach to USC. Just giving you the heads up...
Posted By : Anonymous

Will Pola be staying with the Titans even though h...

Message posted on : 2010-07-27 - 09:30:42

Will Pola be staying with the Titans even though he has obviously abused their trust?
Posted By : ciano&stitch

Thanks, Ciano. I agree that the Titans probably f...

Message posted on : 2010-07-27 - 09:35:45

Thanks, Ciano. I agree that the Titans probably feel like Pola breached their trust (especially with training camp about to start), but I can't see Pola returning to the Titans.

For one, I would be stunned if USC terminates its contract with Pola because of the lawsuit. Second, even in the unlikely event that the Titans succeed in suing USC (or in obtaining a settlement), I think USC will stick by Pola.

Posted By : Michael McCann

3 thoughts: 1) This is different than Brady becaus...

Message posted on : 2010-07-27 - 09:50:19

3 thoughts: 1) This is different than Brady because there is no luring of recruits away like he did; 2)Even if the Titans demonstrate all the elements of this tort, what are their damages? Seriously--NONE; 3) Could this REALLY be a way to simply smear Kiffin for what he did to Vols by finding that opportunity to go after him?
Posted By : Anonymous

Thanks, Anonymous. Good point about the recruitin...

Message posted on : 2010-07-27 - 11:14:08

Thanks, Anonymous.

Good point about the recruiting difference between this case and Marist.

In terms of damages, the Titans claim that the disruption caused by Pola's sudden departure with training camp right around the corner was disruptive to their business and puts them at a competitive disadvantage. I know some courts liberally define what can constitute damage -- perhaps the Titans get a creative judge in this case (in the unlikely event it goes to trial).

In terms of smearing Kiffin, I see the plausibility of that, but why would the Titans -- a pro team, obviously, and one that possibly competes with the Vols for media attention -- care about what Kiffin did to the Vols?

Posted By : Michael McCann

Yes, assuming they can prove a competitive disadva...

Message posted on : 2010-07-27 - 11:21:07

Yes, assuming they can prove a competitive disadvantage and then put a dollar number to it, you would be correct if it is liberally interpreted (and thanks for pointing that out). As far as the smear, it's not the Titans who care: it's the lawyers who brought the suit (Tennessee alumni)who are bringing that into the fold out of spite but are couching it as a point of similarity to show 'pattern.' Remember we are talking about the rabid, foaming at the mouth SEC fans here who still feel betrayed by their former 'messiah.'
Posted By : Anonymous

All good points, Anonymous, thanks. The subtext t...

Message posted on : 2010-07-27 - 11:22:05

All good points, Anonymous, thanks. The subtext to this lawsuit is pretty intriguing.
Posted By : Michael McCann

You are welcome! I'm confident that you are we...

Message posted on : 2010-07-27 - 11:24:09

You are welcome! I'm confident that you are well-versed on the legal issues here, I'm just pointing out that there's more to this story than just law :)
Posted By : Anonymous

To add to the 'smear' possibility: Parag...

Message posted on : 2010-07-27 - 15:46:10

To add to the 'smear' possibility: Paragraph 18 details Kiffin's stint as head coach at UT, his jumping to USC, and his taking several UT assistants with him, all as showing a course and pattern of conduct of interfering with assistants' contracts.

Is offensive coordinator in college (even at a big-time program such as USC) a 'promotion' from position coach in the NFL? And does it matter? It seems to me the issue in Marist was about recruiting contacts, not changing jobs.

Finally, expect USC to get this case out of Tennessee state court and into federal court. And expect Tennessee to argue that Kiffin (who allegedly still owns property in Tennessee) is still a Tennessee citizen. I think I have my civ pro exam . . .

Posted By : Howard Wasserman

Yes. This past week you guys have all kinds of exa...

Message posted on : 2010-07-27 - 15:53:11

Yes. This past week you guys have all kinds of exam questions: civ pro (Kiffin); intentional interference with a contract (Kiffin); agency (Kansas State, USC/Bush); breach of contract (Marist); title ix/employment (Quinnipiac)...its out of control!
Posted By : Anonymous

Question for Howard (has nothing to do with this p...

Message posted on : 2010-07-27 - 15:58:26

Question for Howard (has nothing to do with this post): Do you know much about the constitutional issues related to college coaches at public universities who decide to exclude the 'press' from watching or reporting? If state university has a football team, for example, can the coach legally exclude the press from attending the practice? Sorry about asking here, but just a thought...
Posted By : Anonymous

Random thought, I apologize if this has been menti...

Message posted on : 2010-07-27 - 17:30:08

Random thought, I apologize if this has been mentioned: Jeff Fisher (head coach of Titans) is a USC alum...
Posted By : Anonymous

Not to belittle the importance of this information...

Message posted on : 2010-07-28 - 14:56:50

Not to belittle the importance of this information, but the concept of 'This Day in Sports Law History' might be a great topic for the blog or another article. I didn't realize it was that long ago and on this date, so thanks for reminding us all.
Posted By : Anonymous

That's an excellent suggestion, Anonymous. Th...

Message posted on : 2010-07-28 - 23:29:46

That's an excellent suggestion, Anonymous. There is a good amount of sports law history that we could discuss on key anniversaries (e.g., day of Supreme Court's Curt Flood decision).
Posted By : Michael McCann

Plus, it gives a chance to see Olbermann sporting ...

Message posted on : 2010-07-29 - 07:25:06

Plus, it gives a chance to see Olbermann sporting the early-'90s 'stache.
Posted By : Howard Wasserman

It was a very different Olmbermann, both in appear...

Message posted on : 2010-07-29 - 10:09:32

It was a very different Olmbermann, both in appearance and in commentating topic. He's had an interesting career in journalism - to go from sports to politics, particularly politics from a viewpoint that some will love and others will hate, could not have been an easy transition, but he's pulled it off.
Posted By : Michael McCann

I think a similar explanation is the 'law of ...

Message posted on : 2010-07-29 - 10:21:11

I think a similar explanation is the 'law of the stadium', if you will.

I remember going to a Patriots-Dolphins game in old Foxboro Stadium (which had bleacher rows for seating) with my brother and some friends and there was this guy sitting near us, by himself. The game was sold-out, it was a pretty exciting game, and it was snowing the whole time; by the third qurater, people were pretty drunk and celebratory.

This guy would have none of it. He claimed that he had bought four tickets so he could have more space on his bleacher row, which was otherwise jam packed with people. Every time people would get near him, or those from behind would place their feet on his bleacher row, he would remind them of his tickets. He couldn't have adopted a more annoying approach to attending the game.

Eventually his right to the seats was lost when people from behind decided to pour beer on him, repeatedly. Others threw snow at him. Neither seating attendants nor security guards were near us.

He left the seats and didn't come back. He may have had a technical right to the seats, but the informal rules--or 'laws'--of the stadium trumped.

Maybe something similar happened here, although the fact that the security guards actually facilitated the heckler's veto takes it to another level.

Posted By : Michael McCann

Good post. The 'law of the stadium' I th...

Message posted on : 2010-07-29 - 10:26:57

Good post. The 'law of the stadium' I think a lot of fans (especially visiting fans) have to deal with. I have. Sad, but it demonstrates the fine line between the civil fan and the fan who is one step away from prison. I can see this happening in Philadelphia, but Cleveland? Just another example of the anger out there. Be safe: stay home and watch the game. Cheaper too. Oh, and the food is probably healthier, too, based upon recent studies.
Posted By : Anonymous

Mike: There certainly is something to informal no...

Message posted on : 2010-07-29 - 11:18:48

Mike:

There certainly is something to informal norms--and certainly is worth exploring. Sports-and-anthro folks have done some good studies on the norms that develop. Although I would hope that the informal stadium norms would include acceptance of rival fans and rival voices. I spent a lot of time in the left-field bleachers at Wrigley (because right field sucks). The law of the stadium was that there was good-natured trash talk, but otherwise full acceptance of Cardinals fans, Mets fans, Reds fans, etc.; that was part of the fun. Maybe that's just kindly midwesterners.

Normatively, though, what you are describing sounds an awful lot like mob rule. If enough people don't like a person (for how he is acting or what he wearing or who he is cheering for) and act out against him violently or aggressively, he loses his 'rights.' I would hope there is still a social compact in the bleachers.

Posted By : Howard Wasserman

Remember, this was a guy wearing a jersey of a (fo...

Message posted on : 2010-07-29 - 16:25:50

Remember, this was a guy wearing a jersey of a (former) Cleveland player whose name is now little better than mud in Cleveland--and I suspect mud would get a standing ovation next to LeBron James right about now!

If you are going to wear a LeBron James jersey into a Cleveland facility for the next little while, the best advice would be: DON'T! Or be prepared to face the consequences...and don't cry or complain about it, or sue over it: You done it to yourself.

He might have had better luck if he had worn a Bulls #23 jersey in there.....?

Posted By : Anonymous

So some messages or ideas are just so unpopular th...

Message posted on : 2010-07-29 - 18:12:56

So some messages or ideas are just so unpopular that you lose the right to police protection if you express them? That seems perverse.

I have no problem with other fans heckling the guy (although throwing things, if that happened, is beyond the pale). My problem is with the decision of security to remove the Heat fan from the stadium.

Posted By : Howard Wasserman

We were all just, well, witnesses.

Message posted on : 2010-07-29 - 20:11:04

We were all just, well, witnesses.
Posted By : Anonymous

Human Growth Hormones regulates our body.A HGH the...

Message posted on : 2010-07-30 - 07:41:11

Human Growth Hormones regulates our body.A HGH therapy to keep our body healthy is not a problem at all, but if it is used for personal benefit in sports it will become into a serious problem. It has many advantages and side effects too. So we must have to take care of it while taking a HGH therapy.

Thanks
James Chad

Posted By : HGH Therapy

For some time, I have been hoping that I could fin...

Message posted on : 2010-07-30 - 09:01:46

For some time, I have been hoping that I could find some help in approaching ESPN about packaging some of their content for use in sports law courses. Keith Olbermann did a nice piece when Curt Flood died that I use in class because I taped it the night that It was done. They also have an interview by Dick Shapp with John Mackey. Much of their 'Outside the Lines' material would be great for use in courses. The concept of a 'This Day in Sports Law History' appeals to me. In fact I already have a calendar with some listings of baseball and labor history.
Posted By : Ed Edmonds

Maybe readers should supply significant dates and ...

Message posted on : 2010-07-30 - 10:10:07

Maybe readers should supply significant dates and we can all add to our calendars?
Posted By : Anonymous

Thanks Ed and Anonymous #2. 'This Day in Spor...

Message posted on : 2010-07-30 - 11:21:58

Thanks Ed and Anonymous #2. 'This Day in Sports Law' sounds like a very good project for us. Our posts tend to be about contemporary happenings in sports law, so to go back and discuss the history of this area of law would be a nice addition to the blog.
Posted By : Michael McCann

Mark your calendar: July 8 (Date LeBron chose Miam...

Message posted on : 2010-07-30 - 13:14:54

Mark your calendar: July 8 (Date LeBron chose Miami over Cleveland)
Posted By : Anonymous

Good call, Anonymous 1:14 p.m.! Nothing wrong wit...

Message posted on : 2010-07-30 - 14:05:44

Good call, Anonymous 1:14 p.m.! Nothing wrong with some very recent sports law history, and if we see some law review notes/articles on the Lebron contract choice in the next year, we could have an interesting discussion.
Posted By : Michael McCann

Howard, You are 100% wrong- Left field sucks!

Message posted on : 2010-07-31 - 13:57:33

Howard,
You are 100% wrong- Left field sucks!

Posted By : Pokerface

Yes there are thousands of victims. How about the ...

Message posted on : 2010-07-31 - 17:57:55

Yes there are thousands of victims. How about the poor juniors and seniors who wanted a shot at a championship within the next 2 years. It's gone. No Reggie bush can't be sued and if he is he will just happily pay it then smile because it's in his past now. I think he should make a live public apology to the current students, that won't give them a ring but hey...it's something.
Posted By : Douglas Jenrette

Thanks for the update on this. Meanwhile, flying u...

Message posted on : 2010-08-01 - 11:57:06

Thanks for the update on this. Meanwhile, flying under the radar, is the emerging sport of women's sand volleyball. Can't wait...
Posted By : Anonymous

Wow. Easterbrook really had some good points. Make...

Message posted on : 2010-08-01 - 13:21:16

Wow. Easterbrook really had some good points. Makes you feel like the government and the courts have too much power now and it has run amok. I'm wondering what Monty Python sketch he's referring to in the piece.
Posted By : Anonymous

As soon as i saw the headline i couldn't wait ...

Message posted on : 2010-08-02 - 01:13:12

As soon as i saw the headline i couldn't wait to get to start reading the comments.

Thank you all so much for your comments and support

Great resource for educators as well!


olympics

Posted By : melinda

http://www.nypost.com/p/blogs/knicksblog/knicks_to...

Message posted on : 2010-08-06 - 14:12:38

http://www.nypost.com/p/blogs/knicksblog/knicks_to_name_isiah_consultant_kkF77XscbADGo7aM8qiJFI
Posted By : Anonymous

We need more people like Yow who might actually ha...

Message posted on : 2010-08-07 - 11:21:32

We need more people like Yow who might actually have the guts to focus more on improving the quality control of her athletic department than going on a star wars-esque facilities/building crusade. I'm all for suing the agents if, of course, you can prove that it was the agents. What if it was a runner not affiliated with an agent? Good luck there. What if it was a family friend? Good luck there. Yes, how about quit 'projecting' everyone's problems on agents and sue the players who, in some cases, are worth a helluva lot more than the agents? Regardless, is it just me or has the NCAA hired a militia to pursue, bascially, all of the schools in the SEC (except Vandy) and other major schools in the ACC for agent improprieties? It's about time!
Posted By : Anonymous

I can't believe this was so long ago! Seems li...

Message posted on : 2010-08-08 - 20:51:58

I can't believe this was so long ago! Seems like yesterday...
Posted By : Anonymous

What are the chances Thomas and the Knicks are jus...

Message posted on : 2010-08-08 - 22:25:07

What are the chances Thomas and the Knicks are just waiting for Stern to void the deal and make Thomas choose, giving Thomas the out to choose the Knicks, dump FIU, and look like he took the high road ('Hey, I would have loved to stay at FIU, but David Stern made me choose.').
Posted By : Howard Wasserman

That's a really interesting possibility, Howar...

Message posted on : 2010-08-09 - 07:50:27

That's a really interesting possibility, Howard. Whatever decision-making flaws Thomas may have, he's certainly familiar with David Stern's thinking and I bet he agreed to the Knicks deal with a good idea as to how Stern will respond. You might have scripted what will happen (and perhaps what Thomas has known all along). Guess we'll see.
Posted By : Michael McCann

Good points, anonymous. Part of what makes this k...

Message posted on : 2010-08-09 - 07:57:22

Good points, anonymous. Part of what makes this kind of lawsuit challenging is, as you note, the persons on the periphery who have murky roles -- the runners, the family friends.
Posted By : Michael McCann

Thanks as always. Well, 'at the end of the da...

Message posted on : 2010-08-09 - 12:18:24

Thanks as always. Well, 'at the end of the day' does the American Needle decision pretty much still leave us 'hangin' as to what it really means?
Posted By : Anonymous

Thanks for this overview. I think one important t...

Message posted on : 2010-08-09 - 15:38:17

Thanks for this overview. I think one important take-a-way which has flown under the radar is the Judge's assertion that a 3.62% difference between the percentage of women athletes and the percentage of women in the student body was too significant.

As many athletic department face a budget crunch, the small 3.62% proportionality figure makes it all the more likely a non-revenue men's program will be cut.

Posted By : Anthony R. Ten Haagen, Esq. - Preti Sports Law

Excellent post and article! QB Erik Ainge (Jets) i...

Message posted on : 2010-08-11 - 12:14:29

Excellent post and article! QB Erik Ainge (Jets) is apparently dealing with this issue right now...
Posted By : Anonymous

Apparently he's not going....

Message posted on : 2010-08-11 - 19:37:23

Apparently he's not going....
Posted By : Anonymous

http://deadspin.com/5610686/isiah-thomas-has-decid...

Message posted on : 2010-08-11 - 21:06:07

http://deadspin.com/5610686/isiah-thomas-has-decided-to-take-his-talents-away-from-the-knicks


I am surprised--he is keeping his talents in South Beach.

Posted By : Howard Wasserman

I think it's more than 'playing through t...

Message posted on : 2010-08-11 - 22:50:46

I think it's more than 'playing through the pain'...it's financial. These guys know that the window for success in the NFL (and the subsequent millions that will follow)is finite and they're willing to make the sacrifice. I would imagine it's a trade-off: I'll be in pain for the rest of my life, but my family will be set for generations.
Posted By : Coach Dawn

Why does the league care about illegal drug use in...

Message posted on : 2010-08-12 - 13:07:48

Why does the league care about illegal drug use in the first place? They aren't the police. Drugs which confer a competitive advantage may be an issue; but the players getting high in their personal time isn't a sports-related issue.

Is the league also going to verify that the players avoid alcohol? go to bed early? eat a nutritious diet?

Posted By : Lior

Lior: the answer is 'money'--think about...

Message posted on : 2010-08-12 - 14:10:06

Lior: the answer is 'money'--think about it, figure it out yourself
Posted By : Anonymous

It's nice that you post this rage between the ...

Message posted on : 2010-08-12 - 17:11:31

It's nice that you post this rage between the two of them. The heat continues to get turned up! A couple of things: 1)Nancy is an advocate whereas Gregg is a journalist; 2) Nancy comes from the legal point of view whereas Gregg comes from the common sense mainstream point of view. Now, consider this: will there ever be a day when any Title IX advocate will be 'happy' to say, 'Yes, we have reached equity'? [It's 'equity' not 'equality' btw, otherwise we would have women's football]. The answer of course is a resounding 'NO' (echo-effect goes here). If that were the case, Nancy and the other Title IX advocates wouldn't have a job. Unfortunately, it may be a while before competitive cheer is a sport for Title IX purposes, but it is CERTAINLY possible if enough schools get their acts together and come up with a legitimate championship. Finally, flying under the radar in all this is two things: Quinnipiac JUST decided to add women's rugby (has that been reported yet)? and the NCAA will be starting women's BEACH VOLLEYBALL--yes, the sun tan, tanning lotion, outdoors, bikini-clad, smokin-bodies type as a sport starting this year. Can't wait to hear Nancy's take on that one--or is that not a sport either?
Posted By : Anonymous

A player playing while injured is, and should be, ...

Message posted on : 2010-08-14 - 00:57:24

A player playing while injured is, and should be, a serious concern of both the NFL and the NFLPA. That being said, “painkiller abuse� is a very vague statement. Recreational use set aside, the difference between use and abuse is almost impossible to make, and the distinction has to be made individually, on a case by case basis.
Unlike substances such as cocaine, marijuana, amphetamine, and phencyclidine (PCP), and pure opiates; league regulation of opioid analgesics is next to impossible. Opioid analgesics serve a legitimate medical use, unlike the preceding substances. Opioid based passed painkillers such as Vicodin and Percocet are commonly prescribed for moderate to severe pain. While pain is an indicator that something in your body may be damaged, pain may just be pain. For example, a surgically repaired knee can be many years removed from injury, be fully functional, and still hurt like hell from time to time. This is especially true in case of an athlete. This pain however, can be managed with the use of painkillers and/or NSAIDs or steroids (no, not the Barry Bonds kind….). NSAIDs and steroids have side effects such as cardiovascular and gastrointestinal problems. NSAIDs and steroids however, do not have the social stigma that opioid analgesics have. I suppose that can be explained by the fact that you won't find many people taking a handful of Celebrex chasing a high, but that's not really my point. Much like the office worker with carpal tunnel syndrome, athletes can manage pain with prescribed medication. Since this is not a determination the athlete can make on his own, it is impossible for the league or union to regulate. The league can test all they want, but simply cannot (in my opinion) regulate the use of a pain killer legally prescribed by a doctor. The use/abuse of non-prescribed controlled substances is fair game for the league.
Perhaps the problem is not the player who plays through the pain (with or without the assistance of a prescribed painkiller), but with the medical professional who cleared him to play, setting aside the old maxim Primum non nocere…

Posted By : Jimmy H

In light of the well written article by you (two b...

Message posted on : 2010-08-16 - 16:26:24

In light of the well written article by you (two below) I am not surprised by the $1.75M signing bonus.
Posted By : Anonymous

Yes, this pretty much sums things up nicely. Perso...

Message posted on : 2010-08-16 - 16:29:18

Yes, this pretty much sums things up nicely. Personally, I liked Buffalo Bills RB Marshawn Lynch's personal protest (or free speech, if you prefer) when during media with the media he was wearing a 'FIVE DOLLAR FOOT LONG' T-shirt.....with an arrow pointing down.
Posted By : Anonymous

Steve Young and some other guys went to law school...

Message posted on : 2010-08-16 - 16:59:47

Steve Young and some other guys went to law school while playing Football. Took Steve Young four years, be he still graduated (and was able to hold down a steady job with the 49'ers). I read a story where he said they were car-pooling to work one day (with two other Niners who were in law school too) and they were quizing each other on contracts before the game.
Posted By : Anonymous

After the Bryce Harper deal and in light of the ba...

Message posted on : 2010-08-17 - 10:22:07

After the Bryce Harper deal and in light of the bad economy and poor job prospects for students, one has to wonder whether going to college really matters anymore in American society, at least from a financial point of view (why get student loan debt, etc).
Posted By : Anonymous

Looks like Howard's post is quite timely: htt...

Message posted on : 2010-08-17 - 11:52:32

Looks like Howard's post is quite timely:
http://youbeenblinded.com/fireman-ed-battles-giants-fan-for-new-meadowlands-top-spot/8750

Posted By : Anonymous

Excellent job!

Message posted on : 2010-08-17 - 15:17:12

Excellent job!
Posted By : Anonymous

Gregg Easterbrook is a journalist in the same way ...

Message posted on : 2010-08-17 - 18:01:17

Gregg Easterbrook is a journalist in the same way flatulence is music: they possess similar traits but at the end of the day are wholly divergent.

And speaking as an 'advocate' (not for Title IX, but for other causes), we'd be thrilled to be put out of jobs if the problems we work on really went away. The whole reason we choose these careers is to help fix problems -- and in Hogshead-Makar's case, she's given up much more lucrative career paths in order to do so.

I don't understand anyone who reads Easterbrook's piece and then Hogshead-Makar's piece and still thinks Easterbrook has a point. He has no argument. Like most of his writing, his piece shows he knows just enough about the subject to get it terribly wrong.

Posted By : Jeff

Way to read both articles, Anonymous. If you had ...

Message posted on : 2010-08-17 - 18:26:57

Way to read both articles, Anonymous. If you had actually read them, you'd know that Mr. Easterbrook entirely missed the point with his red herring about the Competitive Cheerleading squad-- the main problem with Quinnipiac's athletics department was the way they cynically manipulated roster reports to appear as if they had in fact achieved compliance when they did not.

I've been passing along Ms. Hogshead-Makar's article to my friends as an example of the most effective demolition of a half-baked advocacy I've seen since I taught debate. I'm just glad that Mr. Easterbrook's brother Frank-- a highly respected federal jurist-- seems to have a bit more brain for a real legal argument than Gregg does.

Oh, and Jeff, your point is well taken, and reminds me that the demons in Dante's Inferno make the same rude equivalency:

'O me! what is it, Master, that I see?
Pray let us go,' I said, 'without an escort,
If thou knowest how, since for myself I ask none.

If thou art as observant as thy wont is,
Dost thou not see that they do gnash their teeth,
And with their brows are threatening woe to us?'

And he to me: 'I will not have thee fear;
Let them gnash on, according to their fancy,
Because they do it for those boiling wretches.'

Along the left-hand dike they wheeled about;
But first had each one thrust his tongue between
His teeth towards their leader for a signal;

And he had made a trumpet of his rump. (Canto XXI)

Posted By : Nathaniel Hobbs

Interesting. But doesn't the recent Chacon ar...

Message posted on : 2010-08-17 - 18:28:37

Interesting. But doesn't the recent Chacon arbitration finding and the fact that the Mets decided to play K-Rod after his two game suspension weigh significantly on these issues?
Posted By : Anonymous

Outstanding article. I do have a question. If th...

Message posted on : 2010-08-17 - 18:47:27

Outstanding article.

I do have a question. If the Mets cut him, 95% of sports fans would support them. I see what you're saying about the Players' Association, but if there has ever been a time to void a deal, isn't this the right time?

As a Mets fan, I hope they cut him.

Posted By : Anonymous

Golf competition is generally played for the lowes...

Message posted on : 2010-08-18 - 07:35:39

Golf competition is generally played for the lowest number of strokes by an individual, known simply as stroke play, or the lowest score on the most individual holes during a complete round by an individual or team, known as match play.
Posted By : Golf Tournament

Mike, The overwhelming majority of MLB draftees ta...

Message posted on : 2010-08-18 - 15:09:20

Mike,
The overwhelming majority of MLB draftees take part in the 'College Scholarship Plan' which basically forces the team to pay for college (tuition, room board, etc.) should the player choose to return to school when he retires. Therefore his lack of NCAA ineligibility will have no effect on his ability to attend school for free.

Posted By : Anonymous

Although I do think that pro athletes need to be h...

Message posted on : 2010-08-20 - 13:05:45

Although I do think that pro athletes need to be held accountable against the performance-enhancing drug ban, it still seems strange that Congress is the one dealing with it. It's not like they have other, more pressing matters to deal with that, such as unemployment, war, immigration, etc.

But I suppose that is besides the point, about the issue at hand. Clemens lied, he should be punished. As my mom used to always remind me with 'oh what wicked webs we weave, when first we practice to deceive'.

Posted By : J.W.

thank you

Message posted on : 2010-08-21 - 06:58:32

thank you
Posted By : seks izle

Mandarich lied, then confessed. Alzado came out an...

Message posted on : 2010-08-21 - 12:29:50

Mandarich lied, then confessed. Alzado came out and revealed the truth. Palmiero lied, then got busted. Sammie Sosa all of a suddent couldn't speak English. McGuire did it. Floyd Landis lied, then confessed. (too many others to name). Now Lance Armstrong and Roger Clemens 'got next.' This should be good. Let's see how long it takes to find the 'truth.'
Posted By : Anonymous

What do you make of his former trainer who wrapped...

Message posted on : 2010-08-23 - 19:35:43

What do you make of his former trainer who wrapped his hands still being involved in boxing- He'll be in a boxer's corner in the next couple of weeks outside the U.S.
Posted By : Pokerface

David M. Lamos is a Florida attorney dedicated to ...

Message posted on : 2010-08-26 - 02:16:54

David M. Lamos is a Florida attorney dedicated to providing quality and affordable legal services to his clients.If Clients more information then visit David M. Lamos.
Posted By : lalit sharma

one person said that indy car drivers are more ath...

Message posted on : 2010-08-26 - 03:47:58

one person said that indy car drivers are more athletic than NASCAR drivers. This person is completely wrong because those cars weigh almost nothing so they don't have a car fighting back with them. In NASCAR they only put in the stuff that is necessary for speed. Not to mention the car is 3,400lbs. with G's thats 17,000 pounds that want to go straight to the wall. Just a tip all non-believers watch a race and wait for an in car shot and you will see its not an easy left turn (Just imagine a clock face you want the wheel at 10 o'clock but its jumping from 10 to 12) Most people are like oh left turn and just hold their hand out when that is extremely incorrect. If these men were not athletes they could not go 500 miles or laps like that they would not have the muscle endurance or strength. If you have to be an athlete to competitive wouldn't that make it a sport. Anyone can hit a ball with a stick but pro baseball players can hit balls 500 feet. Anyone can shoot some hoops but only athletes can play basketball like the professionals. It works for all sports. One last point on Shaq Vs. when Shaq came out of his car he was sweating like he does when playing basketball and Dale Earnheart Jr. looked like he was about to go racing, and at the end Shaq said that anyone who says they are not athletes is 'seriously mistaken.'
Posted By : Anonymous

Javier Capetillo, Margarito's notorious traine...

Message posted on : 2010-08-26 - 09:09:35

Javier Capetillo, Margarito's notorious trainer, was denied a license in Puerto Rico the other day...
Posted By : Paul Stuart Haberman

Many believe Pacman really uses drugs before the f...

Message posted on : 2010-08-26 - 10:02:03

Many believe Pacman really uses drugs before the fight.. For me, it's not true. I don't know what's your opinion guys.
Posted By : escalante blogger

I think one aspect of this decision that has large...

Message posted on : 2010-08-26 - 19:02:35

I think one aspect of this decision that has largely flown under the radar is the Judge's assertion a 3.62% difference between the percentage of athletic opportunities for women and the percentage of women in the student body does not satisfy the proportionality prong of the analysis. This assertion was made in response to the school's argument that it was compliant with Title IX even if competitive cheering wasn't considered a sport under the legislation.

As 'power' football and basketball schools continue to consolidate into 'power' conferences, other schools will find themselves left behind and sans large TV deals. Without the extra TV money, these schools are likely to face a budget crunch in the athletic department. Given the Judge's commentary about 3.62% being to large of a gap, these schools will be more likely than ever to cut non-revenue men's sports.

In my opinion, this may be the lasting impact of the decision, not the merits of whether Title IX is necessary or whether competitive cheering qualifies as a sport under the legislation.

Posted By : Anthony R. Ten Haagen

Howard, None of this is surprising given the natu...

Message posted on : 2010-08-28 - 16:33:30

Howard,

None of this is surprising given the nature of revenue sharing – money can be fungible so if a team receives $20 million in revenue sharing dollars, it can pocket that money (or technically, it would spend that money on player improvement, but not spend another $20 million pool of money that it was going to spend on player payroll or improvement…thus causing no net change in player payroll).

Without a team minimum salary, this will always be the case. In fact, we know that David Glass (owner of the Royals) has $3 billion or so in net wealth so it's not as if the $20 million from MLB (this is just an example) is something he didn't have access to anyway. If he thought investing $20 million in his team was worthwhile, he would have done so with his own money. His $20 million in MLB revenue sharing money can now be used to buy a yacht or Google stock or whatever he wants.

MLB teams always have it in their interest to look poor so they can negotiate with the public for stadium funding, negotiate with players for better CBA terms, stay out of antitrust trouble with Congress, etc. If Miami politicians did not know this, shame on them.

Dan

Posted By : Dan

What about mitigation of damages by CMU? What are...

Message posted on : 2010-08-28 - 16:36:54

What about mitigation of damages by CMU? What are they doing in relation to that?
Posted By : Anonymous

I cannot believe that any athletic commission woul...

Message posted on : 2010-08-29 - 02:48:56

I cannot believe that any athletic commission would allow Margarito to fight. He should be banned from boxing for life. Not only was his 'loaded gloves' antic against the integrity of the sport, but it was virtually attempted murder. To even entertain the idea of him in the ring with another human being is ludicrous!
Posted By : Nate

You make some fair points. I, too, do not know eno...

Message posted on : 2010-08-29 - 02:54:57

You make some fair points. I, too, do not know enough about all of sports ownership issues to generate an informed opinion. Nonetheless, from a fan perspective, I really believe that most sports franchise owners abuse the loyalty of fans and will look to hijack as much money as possible. Only a few teams out there, regardless of sport, really make an effort to win games. As a fan, that's all that matters at the end of the day--winning. If you really want to charge me $10 for a beer, the least you could do is put players out there that can win some ball games.

I actually think that the commissioners of each league, if it's in their jurisdiction, should try to approve owners who put winning above profit to some degree.

Posted By : Nate

Anonymous, I believe that CMU replaced the lost ...

Message posted on : 2010-08-30 - 07:00:33

Anonymous,

I believe that CMU replaced the lost home game versus Indiana with a road game at Northwestern, scheduled for September 25th of this year. I'm not sure what they are doing to replace the third and final game of the contract.

Posted By : Nathaniel Grow

the appreciation is very good on these drugs becau...

Message posted on : 2010-08-30 - 12:08:43

the appreciation is very good on these drugs because I read in findrxonline to vicodin, hydrocodone, Demerol, percocet, are medicines that help control the pain but they will win when athletes anxiety and affects their metabolism.
Posted By : Florida

As someone who officiated basketball for 37 years ...

Message posted on : 2010-09-01 - 12:40:29

As someone who officiated basketball for 37 years - - some other sports for a much shorter period of time - - I do not recall any rule book for any sport in any year which highlighted specific rules that should be 'ignored' or 'enforced more leniently' at the end of a game.

If the rule-writers wanted that to happen, they could easily incorporate that in 'the book'.

Posted By : The Sports Curmudgeon

Besides all the issues and problems in his life, i...

Message posted on : 2010-09-04 - 09:24:15

Besides all the issues and problems in his life, i still love Woods he is still best golfer in world
Posted By : cheap golf tickets

Haven't we seen something like this before--na...

Message posted on : 2010-09-04 - 14:19:49

Haven't we seen something like this before--namely, the (ultimately discredited) 'study' that showed domestic violence increased by several times . . . during the Super Bowl???
Posted By : Anonymous

Selig could correct a major wrong if he not only r...

Message posted on : 2010-09-05 - 01:06:37

Selig could correct a major wrong if he not only re-instated Rose's eligibility but automatically put him and Shoe less Joe Jackson into the Hall. Forget a vote , put both of them in right now
Posted By : phentermine 37.5

And how do sports arenas enforce 'banning&quo...

Message posted on : 2010-09-06 - 10:50:40

And how do sports arenas enforce 'banning' people from attending a public event?
Posted By : Anonymous

There will not be criminal charges. Even with vide...

Message posted on : 2010-09-06 - 22:08:49

There will not be criminal charges. Even with video, what it shows is three people squaring off and two getting physical. Prosecutors are not going to use video to go after everyone. And the video we have does not show who was responsible. I just don't think it adds anything.

Tennis is unique as a sport because the historic norms (unlike, say, baseball or football) are for fans to remain seated and quiet and do little more than clap or occasionally shout a cheer. But this all took place in the top deck of a huge modern tennis stadium, which is a much different environment. Having sat in such an environment, I can say that the court feels like it's a mile away and whatever noise fans make cannot be heard by the players (which is the reason for the general prohibition on fan noise).

Finally, what difference does it make if he was using profanity? Profanity is protected speech. Uncomfortable as it may have made the people around him, there is nothing legally wrong with profanity. Of course, the USTC is privately owned, so the First Amendment is not in play and the USTA can set whatever rules it wants. But I never have understood why profanity has become such a big deal.

Posted By : Howard Wasserman

Anonymous, Thanks for the comment. I suppose the...

Message posted on : 2010-09-06 - 22:59:30

Anonymous,

Thanks for the comment. I suppose the US Open organizers can revoke the license to sell a seat to these three people, but it's probably more of a symbolic gesture on the organizers' part than anything else.

Howard,

Thanks for commenting, too. I disagree with you on the criminal issue. The father appears to be an aggressor when he shoved and tackled the swearing guy, who appeared to be standing in one place when attacked. I think the video shows that, and while I concur with you in the sense that criminal charges are not likely, I don't think they are completely dismissible at this point.

In terms of the use of profanity, I think swears are more disruptive, and possibly more likely to incite physical confrontation (or at least get under the skin of people, especially when being sworn at), than many other types of speech. Obscenities are also annoying to parents with young kids around; they can turn a family-friendly event into an uncomfortable experience. I'd also distinguish the fan who occasionally swears in response to a play with the fan who incessantly throws the f-bomb and other obscenities around, with the latter being more disruptive. So the act of swearing may not be as important as how often and how one swears.

Posted By : Michael McCann

They should control their emotions.

Message posted on : 2010-09-07 - 10:13:23

They should control their emotions.
Posted By : escalante blogger

Stumbled on this this morning. After seeing the vi...

Message posted on : 2010-09-07 - 11:53:58

Stumbled on this this morning. After seeing the videos, I'm confused by how the younger guy can be considered at fault. He only ever defended himself (physically that is). Okay so apparently he was cursing. The thing to do is get security if it is really that big of a problem for you. If the venue has no rules against profanity, you can ask to be moved to another seat. To slap the younger guys, then have Pop come over and kick his beer and attack the kid...yeah you're WAY out of line. I think the young guy showed a great deal of restraint. Far more than I'm confident I could have mustered if I were in his position.

I have no legal training beyond a few classes in college, but I'd have to assume this video is pretty damning for the older couple if it does go to court. At the least I think the young man should have his 3 year ban lifted and the cost of his ticket refunded. That is assuming the venue did not have a rule banning cursing.

Posted By : Mathias

You may want to amend the part about her 'pos...

Message posted on : 2010-09-07 - 16:53:04

You may want to amend the part about her 'possibly slapping/tapping him'. If you've seen any of the other videos of the event, you'd see that she clearly slapped him in the face.
Posted By : Will

Will is correct. Someone else started taping 30 se...

Message posted on : 2010-09-07 - 20:01:53

Will is correct. Someone else started taping 30 seconds before this one began. It shows that the lady, without being physically provoked, sharply slapped the man - hard enough to get a loud 'Ohhhh!' from everyone who saw it. I hope that cut makes it to court.
Posted By : Anonymous

If you go to http://www.youtube.com/watch?v=ZY6Qb7...

Message posted on : 2010-09-07 - 21:21:45

If you go to http://www.youtube.com/watch?v=ZY6Qb7nWXMs

you will see that the woman didn't 'possibly' do anything. She SLAPPED the dude in the face and believe it or not, he did NOT retaliate.

He is foul mouthed and obnoxious, but he was slapped in the face (assault) and then attacked by the old guy (assault) and had every right to defend himself.

There was no 'possibly.' To be honest, as much as the younger guy was an axx, the older guy was clearly the aggressor and should have had his axx kicked.

Posted By : Anonymous

Are we all really so obsessed with interpretations...

Message posted on : 2010-09-08 - 02:39:42

Are we all really so obsessed with interpretations of the First Amendment (that don't even apply to the USTA) that we can't see the horrible and deplorable behavior of the 'victim'? Of course he deserves to be banned from the venue.
Posted By : Anonymous

The young man is guilty of being vulgar and a bit ...

Message posted on : 2010-09-08 - 10:29:09

The young man is guilty of being vulgar and a bit of a douchebag. The woman and the man are guilty of assault. No debate really.
Posted By : Anonymous

Good thoughts, although BMI doesn't account fo...

Message posted on : 2010-09-08 - 18:26:57

Good thoughts, although BMI doesn't account for body fat. In fact, that's one of the problems I have with BMI being the primary metric being used today to measure obesity rates. BMI is based on height and weight. That's it. So a guy like Derek Fisher, who is in insanely good shape, nearly hits the BMI mark for obesity because he is so muscular.

Body fat, on the other hand, is a much better metric.

Posted By : Phil

the woman should be charged of course. She physica...

Message posted on : 2010-09-09 - 08:03:23

the woman should be charged of course. She physically assaulted the man, after that his reaction is tainted. She is the instigator, her dad upped the ante of the physical assault, and they frankly should pay the guy a crapload of money.
Posted By : Ed T

Let's see, i think the old man gave the young ...

Message posted on : 2010-09-09 - 12:22:32

Let's see, i think the old man gave the young guy a reason to get to him and made him fall to the ground, but it's also obvious that the young man was a mouthful person. The old guy was so mad, like he didn't have enough viagra online .
Posted By : Anonymous

All of the Tiger Woods deal make me think that it ...

Message posted on : 2010-09-09 - 12:28:08

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Posted By : Anonymous

I don't understand yet why such a fine player ...

Message posted on : 2010-09-09 - 12:34:28

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Posted By : Anonymous

'In New York, F--k is not a curse, it's a...

Message posted on : 2010-09-09 - 21:07:54

'In New York, F--k is not a curse, it's a comma'
Louis Black

'Take away our right to say F--k, you take away our right to say f--k the government'
Lenny Bruce

Saying the F word many times is no more disruptive than politcal or religious outbursts - all 3 are protected speech, not to be abridges even if 'parents with young kids' are around. In fact, parents who want to control others speech because they have children make me very uncomfortable in public - and not just because they may smack and slap me.

Posted By : SkeptiSys

Weight can be a good indicator of good shape if yo...

Message posted on : 2010-09-10 - 02:06:39

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Posted By : Michael

So what's the update now on him?

Message posted on : 2010-09-15 - 06:27:12

So what's the update now on him?
Posted By : escalante blogger

The question isn't what Tailwind Sports and La...

Message posted on : 2010-09-16 - 10:42:20

The question isn't what Tailwind Sports and Lance Armstrong, et al, did with federal money. The question(s) should be why did the USPS put up any money to start with and continue to do so year after year in a sport ridden with doping scandals. Much less their on USPS team. By all appearances the Board of Governors and the Postmaster General, et al, are guilty of fraud and misuse of federal funds. Fred Mauney... aka The Phoenix
Posted By : Fred

In 'celebration' of Donald Fehr's ap...

Message posted on : 2010-09-17 - 01:19:37

In 'celebration' of Donald Fehr's apparent intention to become the next executive director of the National Hockey League's Players Association, as reported by Sports Business Journal, I took a spin through the 17-page archive of New York Times stories about Fehr's time with the Major League Baseball Players Union.

Harvey Araton's piece on the retirement of Fehr in 2009 is recommended for any fan wondering what sort of man would attempt to put Hockey Dumpty back together again. From the Times, speaking to former MLB commissioner Fay Vincent:

'Fehr and Gene Orza were just better lawyers than anyone the owners had,' Vincent said, referring to the union's chief operating officer. 'They won all the major altercations. It was like Marciano, 29-0.'

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Posted By : raj84

The wild card definitely has it's pluses and m...

Message posted on : 2010-09-17 - 03:47:22

The wild card definitely has it's pluses and minuses. Not only do we lose meaningful series' in September (i.e. Yankees v. Rays), but it also creates an unfair playoff system where a wild card team is put in an optimal position to upset a division winner.

But the pluses are great too. It creates more playoff baseball, so more cities & fans get involved in playoff baseball. It also adds a potential September race every few years.

I think the flaws can be fixed by adding another playoff team. It expands the race, revitalizes the division races, and creates a one game playoff to lead in to the post season. I don't see how going backward at this point, with one September race per league for a post season that is only the world series, is best for the game. Instead, baseball needs more pressure games to create a playoff environment more like football.

My baseball blog post about playoff expansion

Posted By : Anonymous

I'm not so sure I'd call upsetting a divis...

Message posted on : 2010-09-17 - 10:22:30

I'm not so sure I'd call upsetting a division winner 'unfair.' Given the 162 game schedule, if the division winner is 87-76, and the wild card team is 86-77, I'd hardly call one a favorite. Last year's AL race saw a tie in the Central (a tie! after 162 games, they needed one more!) and a 'wild card' team with 95 wins (Boston).

The NY/TB race right now is far from meaningless, it sets up the post-season schedule for starters, and if both NY/TB make the playoffs - so what? It's not like TB has had a strangle hold on the division year in and year out.

The real shame in the baseball schedule is a team like the Pirates. They're 50 games under 500! They've been out of contention since the middle of Spring Training, yet they have to play 150 or so meaningless games.

Let teams who are statistically out of the running drop out and have the teams that are in contention duke it out the rest of the way.

Posted By : JeffK

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Message posted on : 2010-09-18 - 03:21:45

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Posted By : Power Strider

Will I get commentary from my fellow Bobcat alum M...

Message posted on : 2010-09-20 - 15:31:25

Will I get commentary from my fellow Bobcat alum Mr. Grow?

I thought this sort of thing came with the territory, that various physical rumbling with other mascots was part of the entertainment role mascots are charged with.

Posted By : tim

No comment on this particular incident, but I agre...

Message posted on : 2010-09-20 - 16:14:17

No comment on this particular incident, but I agree that a plausible assumption of the risk defense could be asserted given the frequency of such incidents. See, e.g., http://bleacherreport.com/articles/376485-best-mascot-fights-of-all-timevideo
Posted By : Nathaniel Grow

Don't forget products liability. Maybe mascot...

Message posted on : 2010-09-20 - 17:45:04

Don't forget products liability. Maybe mascot costumes, given the assumption of risk argument, should be designed with greater visibility to make evasion possible.
Posted By : Geoffrey Rapp

But it depends to the people who react over it ser...

Message posted on : 2010-09-21 - 01:50:33

But it depends to the people who react over it seriously.
Posted By : escalante blogger

Congratulations on the nomination!

Message posted on : 2010-09-21 - 17:56:11

Congratulations on the nomination!
Posted By : Leadership Training

Professor McCann, It's been awhile since, we...

Message posted on : 2010-09-22 - 11:54:29

Professor McCann,

It's been awhile since, we've spoken, so I hope everything is going well. Do you think what Mayweather allegedly did meets the Robbery statute? Did he really allegedy do these things to take the cell phone? I am not aware of all the facts, but it seems that is the most serious of the charges, being that it carries the minimum mandatory? Also, who is his criminal defense attorney handling these matters?

Chris Smith, MCSOL, 2009

Posted By : Chris

Tough to use a vicarious liability theory to go af...

Message posted on : 2010-09-22 - 12:54:23

Tough to use a vicarious liability theory to go after Ohio University, given the intentional conduct here. But perhaps a direct theory of liability against Ohio U. based on what you discussed.
Posted By : Bill

My initial reaction over the weekend was why was t...

Message posted on : 2010-09-22 - 21:43:10

My initial reaction over the weekend was why was the Bobcat allowed to do this twice? After the first incident, he should have been disciplined by someone overseeing the Ohio U cheerleading group. Now, they were not at home, so my initial reaction might be overreaching. However, I think the fact that the Bobcat was allowed to attack Brutus again hurts Ohio University's position. Nathaniel, I agree that some physical behavior is not unusual, but when I viewed this it seemed like an outright assault. This was not really an attempt to by entertaining banter and mock fighting. I was surprised that during the second attack, a bunch of Buckeye fans did not go after the Bobcat. What would happen if this provoked a real free-for-all with a bunch of participants really fighting.
Posted By : Ed Edmonds

I still find it difficult to accept the idea that ...

Message posted on : 2010-09-22 - 21:51:09

I still find it difficult to accept the idea that Ed O'Bannon and others are prevented from competing in the market for video games. What evidence can they offer that they tried to market a similar game and that they were blocked by the NCAA's market power? How can they establish that they are prevented from competing when they have not approached someone else about paying them royalties for a similar game?
Posted By : Ed Edmonds

I wonder what happen of Mayweather faces Pcquiao.

Message posted on : 2010-09-23 - 04:10:15

I wonder what happen of Mayweather faces Pcquiao.
Posted By : escalante blogger

People who wear the mascot costume accept some lev...

Message posted on : 2010-09-23 - 22:24:53

People who wear the mascot costume accept some level of responsibility for possible injuries. Look at the NBA mascots when they perform high-flying tricks to sink dunks during intermissions and half-times.

This week, ESPN featured the Oregon Duck who does pushups every time the football scores. But it's not 7 or 3 pushups every time. It's whatever the current Oregon score is when they do score. So, if they have 42 points, then the Duck does 42 pushups. Another TD means the Duck does 49 pushups. Through 3 weeks of games, the Duck has done close to 1500 pushups and team is averaging 63 points per game.

Posted By : Anonymous

I agree with the poster above me. So the guy was t...

Message posted on : 2010-09-24 - 10:17:10

I agree with the poster above me. So the guy was talking in a way you don't like? Getting in his face is unlikely to make him change! And then the slap? And he just stands there and takes that one as a freebie. Then after they SHOULD have sat down and left it alone gramps decides its time to go round two...and then for some unknown reason wrestles himself off the edge! Why would you pull someone towards you when BEHIND you is a drop?
And then what does our young guy do? He gets up and off the guy, takes 3 steps up and away from the old man (who attacked him) and is attacked by the fat chick again! His response? push her away from him. I wish I was there, just so I could sucker punch the heroes who ran in to restrain the young guy who did nothing more than get attacked 3 times and tried to get away from his attackers. I hope he takes them to court and gets a crippling ammount of cash off these two meatheads.

Posted By : Anonymous

I believe it was Memphis that lost to Kansas in 20...

Message posted on : 2010-09-24 - 15:39:53

I believe it was Memphis that lost to Kansas in 2008.
Posted By : Anonymous

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Message posted on : 2010-09-24 - 19:57:47

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Posted By : egypt-panorama.com

I think the devaluing of the division starts when ...

Message posted on : 2010-09-24 - 22:29:14

I think the devaluing of the division starts when some teams start pulling away early in the summer (or late spring even). What's the incentive for cellar dwellers to even show up at the ballpark if they know they're out of it with so many games left? Yet, they still show up and they still play the games (Nationals love playing the spoiler).

I worry that when you start comparing the #2's in the divisions you start begging the 'strength of schedule' questions that will naturally arise when cross-comparing. The Rays will play teams like the Yankees/Red Sox/Blue Jays, while the Braves will get the Mets/Nationals/Marlins ... hardly comparable, particularly in the Fall.

The elephant in the room is what to do with the length of the schedule. 162 games is long enough, if they add another Wild Card series there's a chance we'll be flipping between the World Series and NFL Thanksgiving Day Football games.

Maybe shorten the season? (Heresy in the minds of baseball execs though).

Posted By : JeffK

As an athlete, he's brilliant. But as a perso...

Message posted on : 2010-09-25 - 14:48:30

As an athlete, he's brilliant.

But as a person, it doesn't take a genius to see that the man obviously has some issues. We politely refer to this as LMS (Little Man Syndrome).

Posted By : Derek Harguth

It sounds like this is getting more and more digit...

Message posted on : 2010-09-26 - 10:53:13

It sounds like this is getting more and more digital backing every day. Seen it on blogs, obviously the sports writers are talking about it, and Bud's even getting in on the talk.

I like the idea more and more every day. What we have to realize is that there's always going to be a complaint; no one can be made happy all the time. There's this idea that it's unfair to WC teams being forced into a 1 game playoff, but I think WC teams should remember their entrance to the playoff is simply a result of a previous expansion.

I agree with JeffK. I like more baseball, but I prefer more meaningful baseball. So if going to a 3 game series for a WC series means going to a 152 game season, then sure. But I still think that requires much more effort and resilience. You would not only have to consider execs, but then what do playoff teams do for 5 days waiting for the WC series, how do you address an already unbalanced schedule (take out interleague?), etc.

Instead, I think squeezing it in is the best way to go. We're always going to have issues with teams 'tanking' it at the end of the year. Shortening the season only brings that complacency sooner rather than later. Plus, a series v. a single game wild card playoff only maintains the problem that the WC team has too much of an equal playing field. There needs to be the incentive to win the division.

To fix the balanced schedule, it's really only fair to eliminate wild card & divisions. Or eliminate divisions and open the schedule across leagues (like the NBA).

Again, there are always going to be problems, and complaints. Baseball is the most 'traditional' of leagues. Just look at the obvious contempt of replay. But hopefully, eventually, people will look at what is best for the game, not just what is best for the wallet. History shows that the two usually correlate pretty well anyway.

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Message posted on : 2010-09-28 - 05:23:00

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Message posted on : 2010-09-29 - 02:47:52

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Posted By : jumping stilt

With the biggest televised audience in the world, ...

Message posted on : 2010-09-29 - 17:55:12

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Posted By : Anonymous

Baseball is the most 'traditional' of le...

Message posted on : 2010-09-30 - 13:04:08

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Posted By : Anonymous

I don't think the idea that a team doesn't...

Message posted on : 2010-10-01 - 11:23:32

I don't think the idea that a team doesn't want to win the division is necessarily true. If the Yanks and Rays didn't want to win the division, they wouldn't be keeping their starters in the game for long.

The Yanks' starters don't deserve to be in the game long as of late, but the Rays have been pitching their guys like the games matter.

Teams want to win, and they want to play at home. I'm thinking the Yanks would like to play one more home game than one more away game.

Posted By : Jason

I'm sort of with you on that one. But remembe...

Message posted on : 2010-10-03 - 13:46:54

I'm sort of with you on that one. But remember that Buckner's 'defensive replacement' was Dave Stapleton. Iirc, Bill James valued his contribution at 0.00 for 1986.

(And I'll still maintain that, given the fielding position, it's at least even odds Mookie beats Buckner/Stapleton to first base, leaving the game tied at worst.)

If I were nominating biggest choke, it's Darrell Porter--in the immediate aftermath of Don Denkinger's call--dropping the pop foul and really starting the rally.

Posted By : Ken Houghton

The proposed slotting system appears to have sever...

Message posted on : 2010-10-04 - 21:35:12

The proposed slotting system appears to have several major benefits for the game as a whole:

1) While the MLBPA appears to oppose the proposition, the slotting system would clear up large sums of money that teams would have spent on overpaid rookie prospects. This would allow current players to demand and receive more money from their respective clubs.

2) The slotting system would allow small market teams to sign top prospects. These teams have effectively been been forced to pass on first round talent because due to these players astronomical asking price. A slotting system would allow the gap in payroll to be bridged.

3) While sports agents adamantly oppose the idea, the game of baseball can do without the plethora of uncles and family friends looking to make a quick buck off these kids. With no room to negotiate, players will have little need for high paid agents until it is time to renegotiate and after several years in the league.

However, while baseball has an antitrust exemption, the idea of a slotting system seems to raise interesting questions regarding price fixing and potentially exceeding the scope of the exemption.

Dan Goldberg
https://owa.uchastings.edu/exchweb/bin/redir.asp?URL=http://hastingscomment.wordpress.com

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Message posted on : 2010-10-09 - 09:11:33

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Posted By : Jane

You are correct in that this story has absolutely ...

Message posted on : 2010-10-11 - 16:53:53

You are correct in that this story has absolutely no relation to the Duke lacrosse scandal of years ago. However, the media considers everything 'fair game,' so it should come as no surprise that The New York Times, and likely other publications, reinvoked the scandal. The behavior of media is something that will probably never be changed; they are in the business of presenting news to SELL advertisement space. As a result, the lesson is clear: if you are in any sort of position that draws media attention (sports, entertainment, politics, etc.), watch your steps and don't act foolishly. Don't even put yourself in a position to be connected to foolish activity because your image will be tarnished forever. America never forgets scandal or disaster, regardless of whether you have been acquitted or not.
Posted By : Nate

Although I think the story is all smoke and mirror...

Message posted on : 2010-10-11 - 17:19:52

Although I think the story is all smoke and mirrors, it will be interesting to see what ramifications come from it; specifically, as you said, how this changes the relationship between Wrangler and Favre. Obviously, the language in the contract will be very important, but I think Wrangler should be wary of breaking their association with Favre.

First, like you said, Favre and Wrangler is the perfect fit. I cannot think of a better athlete for their brand than Favre.

Second, if it was simply some misguided texts, and neither adultery nor criminal behavior, is that bad enough to sever the relationship? Think about Wrangler's CLIENTELE. Wragler pitches their low-priced, durable jeans to blue collar men; men who work in construction, work with dirt and other natural elements, etc. They aren't marketing their products to high-end businessmen, housewives, or hipsters. And I don't think the majority of their audience will give a big hoot about some misguided texts.

It's far different than the breakup between Tiger Woods and, say, Accenture, the major business consulting firm. Accenture markets itself as a very classy company, which is a description that does not fit Tiger's infamous behavior. In that circumstance, it was VERY obvious that the relationship had to be severed. Accenture's clientele includes businesses, wealthy ones at that, which are led by powerful people of both sexes. I am guessing that many of the women would feel think negatively of Accenture--subconsciously--had the company decided to keep Tiger on board.

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Posted By : Move4Less Las Vegas

I agree with the argument that Favre has crossed o...

Message posted on : 2010-10-13 - 11:25:31

I agree with the argument that Favre has crossed over into the area of sexual harassment, however Rovell does make a valid argument.

His argument is valid simply because he is making the argument and there are others who will make the same argument. From a sponsors perspective the simple fact that an argument is being made not to drop Favre means that there are individuals (most likely in Wranglers customer base) that agree with Rovell and will not mind Favre continuing to appear in their ads.

Whether Favre committed a crime or infringed on her civil rights does not matter to Wrangler. The only thing that will influence their decision to drop Favre or keep him is the public opinion of the act(s) committed. And based on the Rovell blog posting the public is split and thus there is not enough pressure for Wrangler to drop a figure who is recognized nationally and that they have been able to develop a successful campaign around.

Posted By : Anonymous

It's great to see sports enthusiasts spreading...

Message posted on : 2010-10-14 - 08:46:49

It's great to see sports enthusiasts spreading word on the legal aspects of sports. Our athletes do need this kind of care and attention.
Posted By : Dentists Edinburgh

Divorces, most of the times, turn ugly due to mone...

Message posted on : 2010-10-14 - 10:37:33

Divorces, most of the times, turn ugly due to money. In my case, we were separated amicably. Thanks to my wife. Nice post by the way.
Posted By : divorce online

'Assuming Jenn Sterger was unwilling'--h...

Message posted on : 2010-10-14 - 11:23:01

'Assuming Jenn Sterger was unwilling'--hmmmm. He got her phone number how?
Posted By : Anonymous

Freedom of speech is an interesting phenomenon whi...

Message posted on : 2010-10-14 - 18:20:32

Freedom of speech is an interesting phenomenon which for some reason most Americans don't seem to fully understand. Dude can 'curse' all he wants because he isn't engaging in defamation or inciting violence from the members of the crowd in his immediate environment. Theoretically he could be shouting that Hitler was god and that all minorities are sub human; but so long as he didn't direct those comments towards a specific section of the crowd, he's well within his rights to spout profanity. Hate speech is just about the only thing which precludes freedom of speech, so sucks to be prudish.
The clips I've seen suggest that he's purely a foul mouth jerk - not a crime in the state of NY.
Old couple wouldn't win anything unless they had Danny Crane representing them.

Posted By : Anonymous

NCAA stands for National Collegiate Athletic Assoc...

Message posted on : 2010-10-15 - 00:25:04

NCAA stands for National Collegiate Athletic Association. For NCAA football, it pretty much means college football. This is played by different teams of college athletes from different colleges, universities and military academic institutions. It is a non-profitable organization that has become an advocate to promote college football.
Posted By : Issues in Sport

Supposedly from another Jets employee. Plus, even ...

Message posted on : 2010-10-15 - 05:32:20

Supposedly from another Jets employee. Plus, even if she gave him the number, that is *NOT* consent to receive naked photos.
Posted By : Howard Wasserman

Frankly, sounds to me like an academic (Howard) ru...

Message posted on : 2010-10-15 - 07:56:55

Frankly, sounds to me like an academic (Howard) rushing to judgment without all the facts. Oh, don't get me wrong: Favre is blame-worthy here of misconduct and the NFL is investigating. However, your commentary is way over the top without knowing the facts and is typical Howard Wasserman-you never seem to let someone else's misgivings fail to provide an opportunity for your own self-promotion and to try to make a name for yourself.*

*Disclaimer: in all fairness, Favre is on my fantasy team.

Posted By : Anonymous

This, Howard Wasserman, is how you discuss Brett F...

Message posted on : 2010-10-15 - 08:01:18

This, Howard Wasserman, is how you discuss Brett Favre's situation: don't rush to judgment like you always do. Discuss the legal issues, present facts like McCann. Otherwise you consistently come across as an extremist (which you are) and you keep destroying your own credibility in sports law circles and come across as a clown.
Posted By : Anonymous

Thanks for finally posting something about this he...

Message posted on : 2010-10-15 - 09:52:06

Thanks for finally posting something about this here. I've been checking daily for some time. (Although I never thought to search the SI site.) The live-blogging from the hearing this morning was pretty exciting. And it looks like the saga will continue notwithstanding this afternoon's RBS deadline.

This would make a great case study for law students, (and, apparently, for attorneys), since the choice-of-law provisions seem to be inadequate.

Posted By : MSM

Anonymous 7:56: First, I at least have the courag...

Message posted on : 2010-10-15 - 12:10:00

Anonymous 7:56:

First, I at least have the courage to put my name on my views, rather than hiding behind anonymity. Second, I do it without engaging in personal attacks. Third, what does my profession have to do with anything?

Third, how, exactly, have I rushed to judgment? What facts have I asserted as true that are not true that I do not know. If you take the time to actually read the post, I said, repeatedly, that we are talking about allegations and that I was offering an opinion about legal conclusions assuming that the facts (Sterger was unwilling, the calls actually were from Favre) were true. That is not a rush to judgment because I did not declare anything to be true.

But thanks for participating.

Posted By : Howard Wasserman

It's too bad Clemens is getting jammed up for ...

Message posted on : 2010-10-15 - 12:26:19

It's too bad Clemens is getting jammed up for doing what many athletes do as a matter of course today. No one injects HGH anymore. Most use homeopathic hgh oral spray or take pills like genf20 to stimulate their own increase of HGH. Both are somewhat less effective than injections but still work good enough and both are legal for over the counter purchases.
Posted By : bpreston

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Message posted on : 2010-10-16 - 02:12:20

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Message posted on : 2010-10-16 - 02:13:33

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Message posted on : 2010-10-16 - 16:25:18

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Posted By : jabon

Shaq is a terrible example of an athlete. Sorry to...

Message posted on : 2010-10-16 - 22:47:02

Shaq is a terrible example of an athlete. Sorry to all his fans, I appreciate him and his antics, too. Remember that his bread and butter is 'in-lane', he is 7'1' (making a dunk nearly impossible to miss) and weighs 325 lbs (review basic physics to appreciate the implication this has in apply force and moving object), and then watch his 'move' down the court. Add in his 'TERRIFIC' (in the negative sense) hand-eye skill observed by his free throw percentage and one is forced to recognize that he is merely a big weight that can reach to a dunking height. Previous argument is void.

Additionally, try this at home experiment to observe difficulty in steering. Rip out your power steering and try to drive the car at a slow speed while turning. If you are feeble you will not be able to perform said task. Now speed up. You will notice that it is somewhat easier. Finally, go to the interstate and drive considerably fast. Much easier now. Now go to a road that is banked at 45 degrees while going over 100 mph. Ah ha, now its like you just installed a new power steering unit.

Note (read up on the cars before you argue):

'The rule book (para 20-13 H) refers to it as 'Hydraulic power assist steering will be permitted'. That may be where your 'assist' comes from. The rule continues with 'The power steering pressure pump must be mounted on the front of the engine and must be engine-driven through a V-type or flat-type V-ribbed belt.''

Do not misunderstand me, I believe that is difficult to race at the level of the professional drivers. Personally, despite an athleticism, I would not be able to compete with them because I lack the incredible reaction time and coordination to perform at that level. They are also brave, or foolish if you are a philosopher.

I still have to disagree with the statement of the driving event requiring athletics. Case and point can be found in Tony Stewart, one of the best NASCAR drivers. I think if someone really wanted to find the quint essential athletes, they should observe anyone that is into CrossFit or other functional training program (www.crossfit.com). The versatility and applicability that lay behind any such program is remarkable.

'Sport' is defined by social groups, making it impossible to have this argument within any reasonable realm. At best, I would say you can race for sport, just like hunt for sport. Just my opinion. Everyone should observe that this is a quite trivial debate in which to engage.

Posted By : Anonymous

Shaq is a terrible example of an athlete. Sorry to...

Message posted on : 2010-10-16 - 22:48:06

Shaq is a terrible example of an athlete. Sorry to all his fans, I appreciate him and his antics, too. Remember that his bread and butter is 'in-lane', he is 7'1' (making a dunk nearly impossible to miss) and weighs 325 lbs (review basic physics to appreciate the implication this has in apply force and moving object), and then watch his 'move' down the court. Add in his 'TERRIFIC' (in the negative sense) hand-eye skill observed by his free throw percentage and one is forced to recognize that he is merely a big weight that can reach to a dunking height. Previous argument is void.

Additionally, try this at home experiment to observe difficulty in steering. Rip out your power steering and try to drive the car at a slow speed while turning. If you are feeble you will not be able to perform said task. Now speed up. You will notice that it is somewhat easier. Finally, go to the interstate and drive considerably fast. Much easier now. Now go to a road that is banked at 45 degrees while going over 100 mph. Ah ha, now its like you just installed a new power steering unit.

Note (read up on the cars before you argue):

'The rule book (para 20-13 H) refers to it as 'Hydraulic power assist steering will be permitted'. That may be where your 'assist' comes from. The rule continues with 'The power steering pressure pump must be mounted on the front of the engine and must be engine-driven through a V-type or flat-type V-ribbed belt.''

Posted By : Anonymous

Do not misunderstand me, I believe that is difficu...

Message posted on : 2010-10-16 - 22:48:18

Do not misunderstand me, I believe that is difficult to race at the level of the professional drivers. Personally, despite an athleticism, I would not be able to compete with them because I lack the incredible reaction time and coordination to perform at that level. They are also brave, or foolish if you are a philosopher.

I still have to disagree with the statement of the driving event requiring athletics. Case and point can be found in Tony Stewart, one of the best NASCAR drivers. I think if someone really wanted to find the quint essential athletes, they should observe anyone that is into CrossFit or other functional training program (www.crossfit.com). The versatility and applicability that lay behind any such program is remarkable.

'Sport' is defined by social groups, making it impossible to have this argument within any reasonable realm. At best, I would say you can race for sport, just like hunt for sport. Just my opinion. Everyone should observe that this is a quite trivial debate in which to engage.

Posted By : Anonymous

Great post, thanks for the links. You seem to be r...

Message posted on : 2010-10-18 - 05:21:27

Great post, thanks for the links. You seem to be reading day and night looking for good stuff to post lol...
Posted By : Kinesiology Tape

Would this apply to an elementary school basketbal...

Message posted on : 2010-10-19 - 19:07:06

Would this apply to an elementary school basketball tournament where the teachers from each school play in the Almost March Madness Tournament in the high school gym. Admission is charged, but to defray the cost of pom poms, balloons and signs for each team. Tee shirts are sold in conjuction with the event -- again to defray cost of putting the tournament on.

Advertising for the event is primarily a flyer within the schools only. A program is produced, but advertising is not sold.

Posted By : Anonymous

Since when does a violation of an NCAA rule consti...

Message posted on : 2010-10-20 - 12:09:51

Since when does a violation of an NCAA rule constitute a 'public policy' that justifies not enforcing a contract?
Posted By : Anonymous

That sports law is very interesting. *************...

Message posted on : 2010-10-21 - 01:49:42

That sports law is very interesting.
*************
olivia
Injury Lawyers

Posted By : Anonymous

I think Luchs misspoke or did not know the rule. ...

Message posted on : 2010-10-22 - 22:13:41

I think Luchs misspoke or did not know the rule. I will check. However, since at least 1983 it has been against the PA rules for an agent to provide anything of value as an inducement to sign. The threat to sue was simply a threat. I do not recall the year enacted, but filing a suit for something subject to mandatory arbitration is also violation. And, even if a suit was not a violation during the early 90s, it would have been subect to arbitration. If a suit was filed a motion to compel arbitration would have been interposed. No agent will file an arbitration using the process set up by the PA and thereby show he violated the rules.
Posted By : Anonymous

check out playftw.blogspot.com!

Message posted on : 2010-10-23 - 01:29:33

check out playftw.blogspot.com!
Posted By : greydays

Ha. That would be interesting if there was Sports ...

Message posted on : 2010-10-25 - 17:25:53

Ha. That would be interesting if there was Sports Fan Coalition lobbyist. Maybe that kind of thing could have prevented the Baseball strike. My guess is that fans would have to be alot more upset than they are for something like this to work

Mike

KANSAS LAWYER

Posted By : Mikethelawstudent

New Suit filed today re: college athletics and ant...

Message posted on : 2010-10-26 - 14:44:27

New Suit filed today re: college athletics and antitrust
Posted By : Anonymous

http://sports.espn.go.com/ncaa/news/story?id=57277...

Message posted on : 2010-10-26 - 14:44:49

http://sports.espn.go.com/ncaa/news/story?id=5727755
Posted By : Anonymous

Hey I've been checking out your blog and it se...

Message posted on : 2010-10-27 - 21:38:27

Hey I've been checking out your blog and it seems very interesting and different from other sports blogs that I've looked at. You haveinteresting points of view and seem like you actually know what you're talking about! Anyway, I like your blog a lot and would greatly appreciate if you could take a peek at mine. It's a sports news blog.

www.shuttergrind.blogspot.com

thx!

Posted By : Nick Hansen

They must be apprehended and put in jail.

Message posted on : 2010-10-28 - 00:39:41

They must be apprehended and put in jail.
Posted By : escalante blogger

The Sports Fans Coalition concept sounds much need...

Message posted on : 2010-10-29 - 03:36:48

The Sports Fans Coalition concept sounds much needed for the UK too, many school sports fields are being sold to property magnates here, surely developing them as public facilities for sports use would work better and promote health, thus aiding to ease the burden on the NHS (our National Health Service).
Sports fans and Olympians alike the world over would back the role-out of this concept into their countries too, I'm certain.

Posted By : The Everyman Olympian

Well done to Agnew for supporting students rights!...

Message posted on : 2010-10-29 - 06:16:43

Well done to Agnew for supporting students rights!
Posted By : Football Shirt

Hellow! I love your site, It is a pleasure to vis...

Message posted on : 2010-10-30 - 03:03:34

Hellow!

I love your site, It is a pleasure to visit.
I have added your site to my site.
Please link my site to your site.

Thank you!

http://sportstennissoccerbaseball766539.blogspot.com/

Posted By : waiwai117

It depends on the investigation.

Message posted on : 2010-10-31 - 08:27:18

It depends on the investigation.
Posted By : escalante blogger

Should the NCAA be able to set artificial limits o...

Message posted on : 2010-11-03 - 18:36:27

Should the NCAA be able to set artificial limits on scholarships given to student-athletes? Should they be able to deny scholarship renewals for any reason including staffing changes and injuries? I work with attorneys who believe NCAA engages in illegal practices that puts profound financial pressure on college athletes. If you are a student-athlete at a NCAA-affiliated university and had your scholarship terminated, please visit hbsslaw.com/ncaa-antitrust for more information.
Posted By : HBSS Law

One thing law school did for me and likely does fo...

Message posted on : 2010-11-04 - 06:28:30

One thing law school did for me and likely does for many others is provide an exposure to many things and offers a safety net if their true passion doesn't work out.

school scholarships and grants

Posted By : Jazzie Casas

I would like to offer the following as a short ter...

Message posted on : 2010-11-07 - 15:14:09

I would like to offer the following as a short term solution to the BCS BS. first, if two non AQ qualifying teams finish undefeated and in the top 5 in the final BCS Poll, a non AQ play off game should be held with the winner advancing to the BCS championship game and the loser having an opportunity to play in one of the other BCS Bowls. Secondly, in order to eliminate the antitrust issues regarding payouts to all participants, all b teams playing in BCS games would share equally in the payouts.
Posted By : Pat Large

All fine and good but why not highlight or at the ...

Message posted on : 2010-11-08 - 17:36:45

All fine and good but why not highlight or at the very least name the five cases for your readers who want to do read up on an individual case or five? Otherwise, with this post you're nothing more than a shill for ESPN Insider. And unless ESPN is paying you, why waste your time?
Posted By : Anonymous

I agree with 'Anonymous.' I was looking ...

Message posted on : 2010-11-08 - 22:45:12

I agree with 'Anonymous.' I was looking forward to reading this post, but can't because I do not subscribe to ESPN Insider.
Posted By : Nate

SO then let yourself be on it.

Message posted on : 2010-11-10 - 00:14:30

SO then let yourself be on it.
Posted By : ttv

Come on, leave Ryan alone: he was sharing the love...

Message posted on : 2010-11-10 - 12:43:45

Come on, leave Ryan alone: he was sharing the love and then you got mad at him because you are not a subscriber? Thanks, Ryan. I subscribe and really appreciate it. For the 'haters,' either go get a life or go get a subscription but Ryan is a good guy.
Posted By : Anonymous

Get the best online support and you will se the di...

Message posted on : 2010-11-11 - 01:09:28

Get the best online support and you will se the difference!
Posted By : steroids for sale

I like the information you have mentioned in your ...

Message posted on : 2010-11-12 - 06:11:29

I like the information you have mentioned in your post. I love to watch sports specially football. Thanks for sharing this post with us.
Posted By : nfl football pool picks

Diehard tennis fans did parse those results, from ...

Message posted on : 2010-11-13 - 08:26:05

Diehard tennis fans did parse those results, from old tennis forum posts that include a lot of play by play.
See comments on my blog posts.
They narrowed it down even further (and eliminated one match because it was in Davis Cup, but the tie was decided, and it didn't count, so little point in a pick-me-up.

http://communities.canada.com/montrealgazette/blogs/opencourt/archive/2010/10/31/christophe-rochus-s-parting-shots.aspx

Posted By : Stephanie Myles

That's a good position.

Message posted on : 2010-11-16 - 22:54:05

That's a good position.
Posted By : escalante blogger

I like the approach you took with this topic. It i...

Message posted on : 2010-11-18 - 04:36:09

I like the approach you took with this topic. It is not every day that you find a subject so to the point and enlightening
Watch UFC Online

Posted By : Stream NFL Football

I also have a law review article on the subject be...

Message posted on : 2010-11-18 - 19:17:34

I also have a law review article on the subject being published in the Denver University Sports Law Journal this winter. I will post a link when it's complete.
Posted By : JaxCatEsq

I still love NBA at my age 'til now. We love t...

Message posted on : 2010-11-20 - 05:33:05

I still love NBA at my age 'til now. We love this game, really!
Posted By : ttv

Sport fan coalition ? I have never heard before. I...

Message posted on : 2010-11-21 - 18:29:02

Sport fan coalition ? I have never heard before. I think this is a perfect idea
Posted By : golf swing

When you say 'The Times' do you mean New...

Message posted on : 2010-11-22 - 07:05:02

When you say 'The Times' do you mean New York Times? Can you place a link to the article you reference please? Thank you.
Posted By : Anonymous

Yes, NYT. The piece is not on-line. It's the b...

Message posted on : 2010-11-22 - 09:58:00

Yes, NYT. The piece is not on-line. It's the back-page opinion piece in the current SI.
Posted By : Howard Wasserman

how can you not love this game ... ? at all ages y...

Message posted on : 2010-11-22 - 18:20:30

how can you not love this game ... ? at all ages you will love this game
Posted By : Bobo

I don't see the bad sportsmanship. If the offe...

Message posted on : 2010-11-23 - 18:42:49

I don't see the bad sportsmanship. If the offensive player is gaining an advantage by bringing a cheat sheet onto the field, and that's considered 'sporting,' then so is the consequence from the loss of that advantage. Why isn't a cheat sheet in miniature type on the wristband considered bad sportsmanship?
Posted By : Jeff Standen

Very informative, thank you. I've been blogging on...

Message posted on : 2010-11-25 - 00:51:15

Very informative, thank you. I've been blogging on and off for almost 3 years, but have never had much of a focus – I tend to just write about whatever is on my mind when I feel like writing.
Posted By : ian

'Fans who have such shirts will be required t...

Message posted on : 2010-11-26 - 16:28:26

'Fans who have such shirts will be required to remove them and then will be given a Cavaliers-branded T-shirt to wear instead.'

Sounds like a silly loophole / easy way to get a free t-shirt, no? Or do other fans at this game get Cavs t-shirts too?

Posted By : Ramesh Dharan

I like his argument. I think the IRS is trying to ...

Message posted on : 2010-11-26 - 21:11:29

I like his argument. I think the IRS is trying to compare him to an ordinary taxpayers for whom an extraordinary level of fitness is not a requirement of their jobs. That's like saying that CPE/CLE is not a requirement for ordinary taxpayers, therefore, lawyers and CPAs shouldn't be allowed to deduct CPE/CLE expenses.

Also, at least at first glance, he seems to be right about the fines too. Since NBA fines aren't governmental fines, they don't seem to be specifically disallowed. I think maybe he found a legitimate loophole.

Posted By : cjsamms

Howard, It's surprising to me that you conti...

Message posted on : 2010-11-27 - 22:07:30

Howard,

It's surprising to me that you continue to use the Duke lacrosse players as an example of innocent victims (admittedly my words, not yours). Their behavior, though not illegal, was reprehensible; it would have been reason enough for them to be kicked off the team, if not suspended from school; at the very least, it's not anything we would want to emulate or hold up as a beacon.

One of the things that I, and I think a lot of laypeople, find frustrating about lawyers is their tendency to equate the lack of criminality with exoneration. When I worked in Louisiana the governor was Edwin Edwards, who at the time boasted that he had never been convicted despite multiple indictments and investigations. It was shocking to me that the voters accepted this and continued to re-elect him.

People can and should be held to a higher standard than 'beyond a reasonable doubt.' That doesn't mean they should be locked up. But scorn is entirely appropriate.

Jimmy Golen

Posted By : JimmyG

There are currently two legal debates surrounding ...

Message posted on : 2010-11-29 - 12:41:56

There are currently two legal debates surrounding college football: the bcs anti-trust and whether the NCAA should pay its athletes.

I have a question related to both of these topics that could be way off base. If the DOJ pursues the BCS and determines that they are engaging in commercial activities as determined by Section 2 of the Sherman Act, does that then mean that all BCS associated institutions or at least their athletic departments are also engaging in commercial activities? If that is true, then are NCAA athletes really amateur athletes and should they be paid for their play?

Posted By : Logan Smith

Prof. Rubenstein has his head in the sand. ALaw s...

Message posted on : 2010-11-30 - 08:36:57

Prof. Rubenstein has his head in the sand. ALaw school education is so outdated that it does not come close to preparing graduates to practice law. Taking a class from someone like Selig who can use his life's experiences to show the practical side of sports law would be invaluable.
Posted By : Jason Wolf

As an Adjunct myself while also serving as a Partn...

Message posted on : 2010-11-30 - 16:24:49

As an Adjunct myself while also serving as a Partner of a large law firm, I can tell you that Geoff is certainly correct on compensation vs. hourly rates. I do disagree with Prof. Rubenstein. If Selig is teaching with Prof. Mitten, then I see no problem with his Adjunct status. I have brought in multiple guest lecturers to my Sports Law class and while only one of those speakers was a non-JD (a toxicologist), the value of the discussion from said speaker was of great value. Certainly, adding Selig is a bit of a name drop, but his experience as an owner and Commish offers 'real world' value to the law students in a Sports Law course.
Posted By : Tim Epstein

I think this is all shady.

Message posted on : 2010-12-01 - 15:48:40

I think this is all shady.
Posted By : Tom

Wow. Milstein compares his wisdom to Ezekiel? Anyw...

Message posted on : 2010-12-02 - 06:37:04

Wow. Milstein compares his wisdom to Ezekiel? Anyway, the SEC (Southeastern Conference) has a rule directly related to this incident, yet as of now has chosen not to enforce it. The rule is simple: Cam Newton should be ineligible. Check it.
Posted By : Anonymous

I take exception to your 'Auburn did not offe...

Message posted on : 2010-12-02 - 09:10:33

I take exception to your 'Auburn did not offer Cam money' line. You don't know that. The NCAA has announced that there is no evidence of such an event.

Also, Cam's father soliciting MSU was a violation, and Cam was made ineligible. For a whole, whopping one day. I wonder if that's the shortest punishment ever handed down by the NCAA?

Posted By : Ryan E.

Yes, but the USTA had to create a new tennis event...

Message posted on : 2010-12-02 - 18:34:54

Yes, but the USTA had to create a new tennis event for Richards- Mixed Singles.
Posted By : BLAZER PROPHET

The SEC (and the NCAA) care more about the money g...

Message posted on : 2010-12-02 - 18:50:32

The SEC (and the NCAA) care more about the money generated by Auburn in the title game than rules or ethics.
Posted By : BLAZER PROPHET

Yes, I agree with Ryan. There is, most likely, st...

Message posted on : 2010-12-02 - 23:39:25

Yes, I agree with Ryan. There is, most likely, still a lot to learn about this situation. We do not know what did or didn't happen at this point. It is just too early.

What we do know is that his father stated that he would only go for x dollars. We know that he ended up at Auburn. There maybe dots to connect still yet.

Posted By : PPM Template

This is fascinating, and any cross-correlation add...

Message posted on : 2010-12-03 - 00:35:15

This is fascinating, and any cross-correlation adds confidence in any sub-component's reading.
Stream NFL Football

Posted By : Nick Raymon

I feel like I'm constantly looking for interesting...

Message posted on : 2010-12-03 - 01:53:03

I feel like I'm constantly looking for interesting things to read about a variety of subjects, but I manage to include your blog among my reads every day because you have honest entries that I look forward to. Here's hoping there's a lot more great material coming!
Fight Tickets Las Vegas

Posted By : Nick Raymon

Wow. To think that Howard would even root for the ...

Message posted on : 2010-12-06 - 12:32:45

Wow. To think that Howard would even root for the athletic department at all is shocking.
Posted By : Anonymous

Definitely some hot dogs from Tony Packo's

Message posted on : 2010-12-06 - 13:55:40

Definitely some hot dogs from Tony Packo's
Posted By : Anonymous

The last time this friendly wager was scheduled, I...

Message posted on : 2010-12-06 - 14:35:59

The last time this friendly wager was scheduled, I lost. Hence, Tony Packo's famous Hungarian hot dogs have already been delivered. As a result, my options for additional quisine would be a bit more limited. Lake Erie perch? It could turn out to be Asian Carp. Michigan cherries? (we sit on the border of Ohio and Michigan). Out of season.

As an alternative, can I suggest that the loser be forced to sing the fight song of the winning school to a student audience, with the rendition posted to the Sports Law Blog?

http://www.youtube.com/watch?v=o7jVBOlP_Lo

vs.

http://www.youtube.com/watch?v=tLdB6jSQjas

Posted By : Geoffrey Rapp

Go Rockets--recapture the glory days from 1969-71 ...

Message posted on : 2010-12-06 - 22:50:20

Go Rockets--recapture the glory days from 1969-71 when the team went 35-0, the second longest Division 1-A winning streak in history, and was ranked #12 in the 1970 final AP poll and #14 in the 1971 final AP poll!!! In addition to Geoffrey, UT Law's sports law lineage includes Phil Closius, Ed Edmonds, and myself.
Posted By : Matt Mitten

I know this is the age old question, but why are t...

Message posted on : 2010-12-08 - 16:42:46

I know this is the age old question, but why are they discussing players who are not part of the players union yet. This doesn't seem to help players.

Kenny.

Hi Marc.

Posted By : Anonymous

Thanks for the update on this age requirement disc...

Message posted on : 2010-12-08 - 17:07:43

Thanks for the update on this age requirement discussion, had not seen that one.

This will be very interesting and I'm sure that if the age requirement were removed, not only would many celebrate, but much scholarship and, frankly, whining would cease for a while.

Of course, the 'one-and-done' mockery in NCAA basketball might also fade as well, and good riddance!

Kenny, as far as your question goes, and it is a fair one, this issue was specifically addressed in the Clarett case and the jurisprudence held that that is within the realm of unions: that is, to negotiate on behalf of those who are not yet members as well, albeit there is still debate as to the legitimacy of the timing of the whole 'side letter' agreement between the NFL and the NFLPA way back when...

Posted By : Anonymous

Kenny: It's an interesting question as to whe...

Message posted on : 2010-12-08 - 17:10:43

Kenny:

It's an interesting question as to whether a union represents prospective members (as well as present members). In the Clarett case (which was an antitrust case: not a labor case), Judge Sotomayor implied that a sports union represents not only current players, but also prospective players. That is why the union was able to bargain away the antitrust rights of Clarett to challenge the NFL's age requirement.

If Judge Sotomayor's view is correct and a sports union is deemed to represent prospective players as well as present players, then there is a strong argument that the union would owe prospective players, as well as current players, a duty for fair representation.

Hope that helps.

Posted By : Marc Edelman

Marc, wouldn't it be better to say that Claret...

Message posted on : 2010-12-08 - 17:20:50

Marc, wouldn't it be better to say that Clarett was an antitrust claim that was decided with a labor law analysis? Splitting hairs, but to say it was not a labor law case is not totally correct. Agree?
Posted By : Anonymous

For a quick primer on the state of combat sports i...

Message posted on : 2010-12-08 - 23:56:20

For a quick primer on the state of combat sports in New York, please see 'Some of the Parts, But Not the Sum of the Parts' at http://www.8countnews.com/news/125/ARTICLE/1513/2009-04-02.html.
Posted By : Paul Stuart Haberman

nice post! i think we cannot define sport!

Message posted on : 2010-12-09 - 10:25:17

nice post! i think we cannot define sport!
Posted By : scuba

As always, thanks for the updates and the authorsh...

Message posted on : 2010-12-09 - 16:50:07

As always, thanks for the updates and the authorships!
Posted By : Anonymous

If the goal of a football game is to simply win th...

Message posted on : 2010-12-10 - 15:25:56

If the goal of a football game is to simply win the game, I would argue against margin of victory being a factor.
Posted By : Ed Edmonds

I agree with Ed Edmonds. The margin of victory i...

Message posted on : 2010-12-10 - 16:37:08

I agree with Ed Edmonds.

The margin of victory is a turd in the pocket. The SEC teams that schedule, essentially, high school teams at home for all non conference games and run up the score isn't something to be calculated. In addition, to say that a game won via running up the score is somehow a more quality win is completely asinine.


To me, the BCS (that is, if we're going to continue with this sham of a system) needs to rely less on human polls where SEC and other east coast teams have a natural bias bent their way and look at a point system. For example:

Wins receive some sort of point total based on the global ranking of the team played, how that team ends up at the end of the season, if it's at home or away, if either of the teams traveled more than one time zone... Same for losses. It's one thing for a team from the west coast to fly across 3 time zones and lose by 1 point to a top team than to lose to a team in a lower division at home...

Major changes need to be done to eliminate both the human element and the east/southeast bias.

Posted By : BLAZER PROPHET

I agree that, in general, margin of victory is not...

Message posted on : 2010-12-10 - 17:46:39

I agree that, in general, margin of victory is not an ideal factor. However, when you are trying to differentiate between football teams for only two spots in the national championship game, and have to compare teams that haven't played each other, may not have played any common opponents, and only play 12-13 total games, not including margin of victory makes it incredibly difficult to calculate a reliable computer ranking.

In any event, my main point was not to argue in support of including margin of victory in the BCS rankings, but rather simply to point out that the BCS's use of computer rankings is less significant in an antitrust analysis when those rankings are unreliable and not truly objective.

Posted By : Nathaniel Grow

I realize it's a minor technicality, but a

Message posted on : 2010-12-11 - 11:49:00

I realize it's a minor technicality, but a 'non-BCS conference' doesn't exist. Perhaps your use of the term was for effect only, but the eleven conferences that comprise the BCS are just that - BCS conferences. The difference of course is that the big six are automatic qualifying conferences and the other five are not.

For the record, I don't particularly care for the BCS but I disagree that the competitive advantage rests solely with the automatic qualifying conferences. Were it not for the BCS, the Utah's, TCU's and Boise State's of the college football world would never have a chance to play in a major bowl.

I'm not an attorney but I find it difficult to believe any court could rule that the BCS violates anti trust laws given that it has proven to provide teams from smaller conferences opportunities they wouldn't otherwise have.

Posted By : MoonDog

These incidents in sports are terrible and must no...

Message posted on : 2010-12-13 - 04:34:01

These incidents in sports are terrible and must not happen. Sportsman spirit should prevail in sport of any kind and I feel some action or waring must be issued against these organization.
Posted By : san mateo dui

Stupid, unsportsmanlike are the right words. You...

Message posted on : 2010-12-13 - 08:37:37

Stupid, unsportsmanlike are the right words. Your word 'cowardly' is nonsense. This was an impulse acted on with careless disregard.

I do agree with a fine and maybe a two game suspension plus investigating if the Jets encouraged this action-- look how the Asst Coaches and Jets members were lined up toe to toe along the sideline for starters-- very organized. Probably five or more lined up like Marine recruits on the sideline stripe.
Good that the Jets lost this game.
Grey from Virginia

Posted By : Anonymous

Thanks for the mention, Matt. I am a proud 1978 g...

Message posted on : 2010-12-13 - 10:58:29

Thanks for the mention, Matt. I am a proud 1978 graduate of the law school. After thinking of Tony Packo's as mentioned above, I decided to seek some help regarding Toledo foods. I asked Rick Goheen, my friend and former colleague at St. Thomas and the current law library director at Toledo. One suggestions was Mancy's Steakhouse, although that might only be really good at its Phillips Avenue address in the Glass City. Two other suggestions were Red Wells Famous Roast Beef in Maumee and Gino's pizza.
Posted By : Ed Edmonds

The league needs to take decisive and tough action...

Message posted on : 2010-12-13 - 13:44:52

The league needs to take decisive and tough action against the Jets. Over the last few years we have been privvy to scandalous behavior (harrassing text messages, inappropriate nude photos over SMS, cheap shots, embarrassingly rude behavior toward females, etc) that shows a clear systemic problem with their organization from top to bottom. This coach should be made an example of and summarily dismissed from the league. He has ruined his chance at working for the NFL by his behavior and the Jets should be fined heavily for this, as well.
Posted By : Mark P, Florida

Gino's Pizza is a Chicago place (and probably ...

Message posted on : 2010-12-13 - 14:19:38

Gino's Pizza is a Chicago place (and probably only the third best place for Chicago-style pizza, IMHO).

I would settle for roast beef in the event of an FIU victory. Or I am perfectly happy to have more Packo's brats, sausage, pickles, etc.

Unfortunately, I do not even know the FIU fight song, much less to learn another one.

Posted By : Howard Wasserman

Mike, Your mention of Hackbart -- an old case rep...

Message posted on : 2010-12-13 - 15:51:30

Mike,

Your mention of Hackbart -- an old case repeatedly used in texts because there are so far cases involving tort liability of professional athletes tried in the courts -- does make one wonder if Carroll will go this way. The lower and appeals courts in Hackbart gave very different reasons for their conclusion and it would be of legal interest to see what a court today would make of an assault and battery claim. (Of course, from a moral viewpoint, I hope that Carroll does not sustain the kind of injury that would warrant this kind of action).

Posted By : Mark Conrad

To check for any relationship between the Gino&#39...

Message posted on : 2010-12-13 - 15:59:07

To check for any relationship between the Gino's in Toledo and the one in Chicago I checked the respective websites. The original Gino's in Toledo actually opened before Gino's East in Chicago in a White Hut Hamburg building. When I was a student at the law school in Toledo, I was really fond a pizza place not far from where I lived across the street from the campus. Alas, as time has gone on I have forgotten the name of the place. All that said, every town has a local favorite pizza place. Tony Packo's food, on the other hand, is pretty distinct.
Posted By : Ed Edmonds

How about that there was a wall of player/coaches ...

Message posted on : 2010-12-13 - 16:11:26

How about that there was a wall of player/coaches right there. What would happen if they were told to stand there and impede the gunner runing down the field. Lets say the special teams coach at the direction of the head coach did this. Now what>
Posted By : Anonymous

I can't believe this happened in the NFL. Mayb...

Message posted on : 2010-12-13 - 16:18:10

I can't believe this happened in the NFL. Maybe a high school game where kids are immature, but the NFL? Pretty insane.
Posted By : Payday Loans

FWIW, some empirical support for your lesson (disc...

Message posted on : 2010-12-14 - 16:06:10

FWIW, some empirical support for your lesson (disclaimer: I was lead author on the paper):

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1026120

Posted By : Justin Ross

When studies are done examining the economics of a...

Message posted on : 2010-12-15 - 10:57:38

When studies are done examining the economics of a stadium, are wage taxes taken into consideration? I have not found any, but I may not have seen the right studies.

For example, the Philadelphia Wage tax for non-residents is 3.4997%. If Cliff Lee makes $25 million next year and makes half of his starts at home, he will pay about $437,000 in wage taxes. When all of the players from both teams are taken into consideration, that taxable amount is a significant amount.

Posted By : Joe

As someone who is more often than not disappointed...

Message posted on : 2010-12-15 - 15:14:54

As someone who is more often than not disappointed by the behavior of athletes, it would seem that the logical thing to do would be to stop expecting them to act ethically. It'd be a great deal easier to cheer for the runs they score and forget everything else. Indeed, we revere plenty of people who fail to act according to our standards and this doesn't seem to bother us; then again, how often do we satisfy our standards? We fail constantly -- and those of us who pretend not to fall short in some way are in even greater danger of doing so. Which leads me to a basic response to the question posed here: maybe we should expect our athletes to behave in a proper way because they are, after all, human, and thus the assumption that they would never act properly denies them their humanity. If we're going to place a bet on someone acting rightly or not, we owe it to them, and to ourselves, to expect the former -- because our inevitable disappointment is still better than the alternative.
Posted By : Josh M-

Hey guys, we at American Sports Blog have read you...

Message posted on : 2010-12-15 - 18:58:39

Hey guys, we at American Sports Blog have read your stuff, and you guys are very talented... We would love to see what you guys think of our blog... Check it out!

http://usasportsblogger.blogspot.com

Posted By : The Foz

Baseball has an 'unsportsmanlike conduct&quot...

Message posted on : 2010-12-15 - 23:14:27

Baseball has an 'unsportsmanlike conduct' penalty. It is called ejection.

The balk rule is there to prevent a pitcher from 'deceiving a baserunner' as to his intent to do whatever with the ball in his hand.

A minor league player once threw a potato he had hidden in his pocket to make a runner think the ball had been thrown away and then tagged him out. I believe he was suspended for a year.

Football may be the only sport that has a penalty labeled 'unsportsmanlike conduct' but others have it too.

Posted By : The Sports Curmudgeon

Howard, Congratulations. I look forward to readi...

Message posted on : 2010-12-17 - 08:45:32

Howard,

Congratulations. I look forward to reading your book.

Posted By : Marc Edelman

I know it has been 4 years, but I happen to read t...

Message posted on : 2010-12-20 - 00:17:13

I know it has been 4 years, but I happen to read this just a week ago. It just so happen that my uncle is fond of collecting business related journals and magazine since 2005. That's where I got the copy of 'The Fast Company.' I must say that this is a must read for entrepreneur to nourish their knowledge in nurturing their business.
Posted By : 2020 tax resolution

The porblem with your analysis is that it convenie...

Message posted on : 2010-12-22 - 11:47:23

The porblem with your analysis is that it conveniently forgets that the BCS actually enhances consumer welfare when compared to the status quo ante. Without the BCS, Auburn would play in the Sugar Bowl and Oregon would play in the Rose Bowl. It would be up to the Rose and Sugar Bowl committees to choose the respective opponents. What do you think the chances are of them choosing TCU or Boise St over Ohio St, Oklahoma or LSU? Antitrust law cannot force business to what is 'most' competitive. The law can only prevent businesses from doing something that affirmatively harms competition. Penn St & Nebraska went undeafeted in 1994. Nebraska went to the Orange Bowl and PSU went to the Rose. Nebraska was voted the national champion. Ask Joe Paterno whether the BCS is worse than what came before it.
Posted By : Jerry

With the word out that JoePa will be retiring afte...

Message posted on : 2010-12-22 - 14:24:26

With the word out that JoePa will be retiring after the Outback Bowl, the question becomes in part whether older coaches have more trouble recruiting top talent for fear that they won't be at the school in three or four years. That would be a worry more for Friedgen than Hawkins, of course, but the choice of a new AD also leads to loyalty questions.

No one is surprised when a 58-year-old senior executive 'leaves to pursue other opportunities' when a new CEO is brought in from outside of the country. Why would they be surprised if a football coach makes the same (voluntary, of course, and well-compensated) decision.

Posted By : Ken Houghton

ADEA and Sports Law:

Message posted on : 2010-12-22 - 15:48:36

ADEA and Sports Law:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1688328

Yes, self-promotion, but on the topic indeed!

Posted By : Anonymous

Still, you have to admire his selflessness: in fac...

Message posted on : 2010-12-22 - 20:48:24

Still, you have to admire his selflessness: in fact, should the Jets be fortunate enough to hoist the Lombardi trophy, Rex Ryan has asked the NFL not to receive a Super Bowl ring for himself. Instead, all he wants is a commemorative toe ring for his wife. Then, finally, he can get down and kiss a Super Bowl ring he cares about.
Posted By : J. A. M.

I truly believe that once the NCAA can without a s...

Message posted on : 2010-12-22 - 22:58:44

I truly believe that once the NCAA can without a shadow of a doubt pin a program with something, regardless of how minute, diminutive, and asinine, they're coming for your head. Its funny that the tattoo parlor is named 'fine line' ink, because O-State and the NCAA are teetering on a fine line.

If they suspend those players because of this...I call shenanigans.

Posted By : Ed The Sports Fan

This should not be the thing. Old football coaches...

Message posted on : 2010-12-23 - 07:48:09

This should not be the thing. Old football coaches might have more experience then the young ones.
Posted By : nhl pools

Alabama-fires-pregame-PA

Message posted on : 2010-12-23 - 23:18:45

http://sportifi.com/news/Alabama-fires-pregame-PA-hand-for-musically-taunting-Cam-Newton-185134.html

If it is done so intentionally and without approval I would think they would be fired, like the situation with Cam Newton above. Maybe it would only be a fine or some other discipline since it is at the professional level.

Posted By : Zak Kurtz

i agree i think it's ridiculous that he would ...

Message posted on : 2010-12-30 - 12:47:59

i agree i think it's ridiculous that he would say vick should be executed. he must be a giants fan.
Posted By : Anonymous

How about the granting of student loans to athlete...

Message posted on : 2011-01-01 - 18:58:36

How about the granting of student loans to athletes to assist with living expenses?
Posted By : Anonymous

I don't think any student-athletes should be &...

Message posted on : 2011-01-02 - 01:27:10

I don't think any student-athletes should be 'paid,' but how about providing FBS football players and Division I basketball players with the following additional economic benefits:

'At least a four-year athletic scholarship that covers the full annual cost of college attendance, which may be taken away only for failing to meet minimum academic requirements, engaging in misconduct, or voluntarily choosing not to continue playing a sport, and tuition funding for a fifth or sixth year of college education if necessary to complete a bachelor's degree, provided the student-athlete is in good academic standing when the student's intercollegiate athletics ability is exhausted. Providing these additional benefits likely would increase the college graduation rates of Division I FBS football and men's basketball student-athletes, whose efforts generate most intercollegiate athletics revenues.

The creation of a postgraduate scholarship program administered by the NCAA and funded by a designated percentage of the total net revenues generated by intercollegiate football and men's basketball, and perhaps other sports, including the sales of merchandise incorporating aspects of student-athletes' persona, such as team jerseys with numbers identifying individual players. Because the collective effort of all participating student-athletes, including those who are less prominent or talented, is necessary to produce these sports and contribute to an individual player's commercial popularity, all of the athletes should have the opportunity to qualify for educational benefits funded by the commercial exploitation of publicity rights.

There is justification for providing greater educational benefits to student-athletes playing net revenue generating sports such as Division I men's basketball and FBS football. One legal scholar observes that student-athletes who participate in major college basketball and football 'are doing something special for their schools' by providing the university with a vital link to alumni, bringing together diverse constitu-encies, and creating contagious euphoria. He asserts that '[t]hose who provide the occasions for collective euphoria are making a unique contribution to the [university] community and deserve to be recognized for it.''

See Mitten, Musselman, and Burton, TARGETED REFORM OF COMMERCIALIZED INTERCOLLEGIATE ATHLETICS, 47 San Diego L. Rev. 779 (2010)

Posted By : Matt Mitten

Jerry... Who said people were happy with the prev...

Message posted on : 2011-01-03 - 18:23:21

Jerry...

Who said people were happy with the previous bowl system...in 94, people were yelling to do away with the bowl system and asking for a playoff...instead of a playoff, the bowls got together and put the current system up...We, the consumer, athlete or general coach, never got to vote on a BCS or playoff, it just got presented to us...I, as a coach, former player and avid football viewer, feel deprived of a fair and just finish to a sport i love...and if every other division in college football can play a playoff and lose money on it, why can't Division I...and why do some conferences and teams deserve to lose less money than other...if you can give me a good reason for that, i'll live with the bcs...

Posted By : TPT07

The post-graduate scholarship program seems to be ...

Message posted on : 2011-01-03 - 22:40:31

The post-graduate scholarship program seems to be a great idea. It would benefit all student-athletes interested in obtaining a graduate degree and it would help funnel money to them in a way that seems more in line with being a college student.

It's true that the mutually beneficial relationship between a high-profile student-athlete and their school can generate substantial revenue for the school, but the student-athlete continues to benefit from the relationship in some key ways long after the school stops benefiting. A student-athlete on full scholarship does get a free college degree, and the earning potential over the course of a career with a college degree is far greater than without. The student-athlete continues to receive that benefit for the length of their working life, while the university stops receiving the benefit of the player once his eligibility is exhausted. If a student-athlete is at a school that generates a lot of revenue, then it's likely that they receive some of the best strength and speed training in the world at no cost for four or five years, and they probably wouldn't become an attractive pro prospect without it. The same goes for the skill instruction they receive from their coaches. Again, the high-profile players who become professionals benefit from that long after the school benefits from the student-athlete's performance. It's hard to quantify the value of those benefits, and it would be different in different sports.

There may be some inequities, but it's just not as cut and dry as saying that the student-athletes only get school, room, and board and the school gets millions of dollars.

Plus, there are some benefits that can't be quantified for high-profile athletes. For better or worse, they are often celebrities on campus and live a fun life. That has to count for something. Just ask Tebow. Despite the supposed unfairness of the situation, he had the chance to leave for the NFL and make all that money for himself, and he decided to stay at Florida.

Posted By : Zak Brown

At least one of the facts you assert is incorrect:...

Message posted on : 2011-01-04 - 00:12:42

At least one of the facts you assert is incorrect: Ohio State will not 'receive' $17 million for participating in the Sugar Bowl. After OSU's expenses are deducted, the remaining sum is split equally among the Big Ten Conference's member schools. Yes, 'Sugar is Sweet,' but not quite as sweet as you assert, although the larger point you make is easy to understand.
Posted By : Matt Mitten

Why not just let the players hire agents and negot...

Message posted on : 2011-01-07 - 16:22:19

Why not just let the players hire agents and negotiate endorsement deals?
Posted By : Anonymous

informative article

Message posted on : 2011-01-08 - 01:20:32

informative article
Posted By : Ahsan

The NCAA is all about money. That is why i have cr...

Message posted on : 2011-01-09 - 14:45:54

The NCAA is all about money. That is why i have created Future Collegiate Athletes with Disabilities. It is a resource website to help future college athletes get the resources and help they need to succeed in college and to leave with a degree. please check out www.futurecollegiateathleteswithdisabilities.com
Posted By : Future Collegiate Athletes with Disabilities

Wow. I had no idea that the Jets had had to pay fo...

Message posted on : 2011-01-10 - 12:57:26

Wow. I had no idea that the Jets had had to pay for the entire league to get sensitivity training! Are all these complaints coming out from before or after that training was done?
Posted By : Jen Green

nice blog! brett favre is a dirtball.

Message posted on : 2011-01-11 - 04:22:16

nice blog! brett favre is a dirtball.
Posted By : AJ

This case makes me wonder what the recruiting prac...

Message posted on : 2011-01-11 - 11:10:55

This case makes me wonder what the recruiting practices and job descriptions are like over at the Jets. Why do you think the plaintiff waited so long to file suit? I know in NC and MD that would really limit the remedies.
Posted By : Jason

no way! back in the day pitchers could throw many...

Message posted on : 2011-01-12 - 04:00:46

no way! back in the day pitchers could throw many more innings. if given the chance I see no reason why today's pitchers couldn't do the same.
Posted By : CL

Cant consider their management, but when it comes ...

Message posted on : 2011-01-12 - 11:48:03

Cant consider their management, but when it comes to results, they do a very good job there!
Posted By : sport nutrion shop

Last week's ESPN the Magazine article adds an ...

Message posted on : 2011-01-13 - 13:50:02

Last week's ESPN the Magazine article adds an interesting layer for the public to consider.

http://sports.espn.go.com/espn/news/story?id=5970086

Posted By : Boully

That's a pretty good breakdown, though I would...

Message posted on : 2011-01-14 - 12:50:05

That's a pretty good breakdown, though I would have focused more on the pure logic-avenue analysis of the computers' role in the rankings -- the report mentions that margin of victory is excluded, but the fact the formulas are a) secret and b) held to no quantitative scrutiny are the ones I focus on (and focused on in my 'The way it is' video which was once and should soon again be on YouTube). The fact one of the computer algorithms used in the BCS utilizes last season's performance alone is a major problem against which even BCS supporters should rally.

Regardless, I applaud your attention to this topic!

Posted By : Tim Burke

Thanks so much for posting this! If you (i.e., &qu...

Message posted on : 2011-01-14 - 15:32:20

Thanks so much for posting this! If you (i.e., 'anyone') believes in the concept of conflict of interest, then this situation clearly violates that principle. If you believe in the principle of 'do what you gotta do' then this is yet just another example of no conflict of interest whatsoever since the only 'interest' and 'duty of loyalty' is to the man on the denomination of currency for their fee, commission, or salary.
Posted By : Anonymous

thanks for this write up. I had no idea this was g...

Message posted on : 2011-01-14 - 16:14:47

thanks for this write up. I had no idea this was going on, hadn't been picked up by mainstream media
Posted By : kenneth

I'm pretty sure the study is not only accurate...

Message posted on : 2011-01-16 - 02:07:30

I'm pretty sure the study is not only accurate, but is potentially low-balling it. That is, home field advantage is at LEAST mostly officiating. There is a secondary effect in that umpires also help the team or player that is trailing. That is one of the reasons there are so many close basketball games.

I truly look forward to the day heartless machines call balls and strikes, as well as all shots in tennis in or out.

Posted By : Wheell

At a public university, this is as close to an ope...

Message posted on : 2011-01-16 - 07:06:22

At a public university, this is as close to an open-and-shut case as you can find. When I wrote about this, I argued generically that a school could not decide seat choice based on who the buyer would root for or promised to root for. I never thought to specifically talk about trying to stop someone from wearing clothes from an opposing team--it just seemed too obvious an example of viewpoint discrimination.
Posted By : Howard Wasserman

I thought the article was very interesting as well...

Message posted on : 2011-01-16 - 11:26:25

I thought the article was very interesting as well. The only section of the piece that I thought was unconvincing was the attempt to debunk the theory that crowd support boosts home team player performance. Admittedly, I'm no empiricist, but I thought that the authors begged the question a bit in that section. For example, when considering the NBA, the authors attempted to isolate crowd support from the myriad of other factors that could influence performance -- such as defense and referee bias -- by focusing solely on home and visitor free throw percentage. However, just because crowd support is difficult to isolate does not mean that it does not play a role at other times during a game. For instance, it is plausible that strong crowd support could motivate the home team to play better defense, even if free throw shooting percentage is unaffected.

In any event, that is a minor criticism, as overall the article was quite persuasive in my mind.

Posted By : Nathaniel Grow

It has been reported that the seat was an UVa staf...

Message posted on : 2011-01-17 - 13:21:53

It has been reported that the seat was an UVa staff seat and the staff member violated UVa policy by selling his seat to a scalper who then sold the ticket to the UNC fan. Although it is understandable UVa would not want rival fans in the UVa staff section, I don't think it matters unless the ticket expressly provides that UVa may act as it did.

One can't help but remember the Seinfeld episode where Elaine refuses to remove her Baltimore Orioles hat while sitting in the Owner's Box at Yankee Stadium. The clip is provided:

http://www.tbs.com/video/index.jsp?oid=46826

Posted By : Brandon

The study that Riddell is referring too was publis...

Message posted on : 2011-01-17 - 21:04:42

The study that Riddell is referring too was published in 2005 by the journal of Neurosurgery. Unfortunately, there were many flaws with the study. First, one of the authors was the vice president of research and product development for Riddell. Second, the subjects receiving the new helmet were neither randomly selected nor controlled. In addition, the group wearing the new helmets were significantly older than the players wearing the older helmets. Studies have shown that younger athletes may be more prone to concussions than older athletes. Finally, the only information provided about the other helmets are that they were NOSCAE approved. It's your guess as to how old the helmets were in the study, combined with inconsistent reconditioning practices, make this study a good starting point to compare these new helmets to other new helmets on the market. it may be more difficult to base broad marketing claims upon. Below is the reference to the original study if you care to look.

Collins et al. (2005). Examining concussion rates and return to play in high school football players wearing newer helmet technology: A three-year prospective cohort study. Neurosurgery, 58 (2). 275-286.

Posted By : Anonymous

I'm but a novice at empirical studies, having ...

Message posted on : 2011-01-20 - 13:30:00

I'm but a novice at empirical studies, having taken just a few graduate courses in statistical analysis, but the study is completely and utterly bogus. The methodology behind it is questionable from the start, and and article essentially claims that because we know one psychological phenomenon does exist, and our other hypotheses are difficult to examine, we must only accept the hypothesis that relates to the psychological phenomena (the susceptibility of officials to vary calls based on social pressure). There are hundreds of interesting empirical approaches that came to mind when I read the article, none of which the authors employed. It does not appear that they even ran a regression at any point, a truly laughable and fatal omission from any article that seeks to examine a correlation. This is one of those terrible uses of statistics that will mislead people, and nobody will read the scholarly articles that debunk it with ease, as they won't be published in SI. A shame that it was published.
Posted By : Dantheman

www.facebook.com

Message posted on : 2011-01-20 - 15:51:22

www.facebook.com
Posted By : Anonymous

My gosh, I almost forgot that Barry Bonds was even...

Message posted on : 2011-01-20 - 21:04:36

My gosh, I almost forgot that Barry Bonds was even still involved in any legal issues with the courts.
Posted By : bail bonds las vegas

Hi Warren! I wanted to let you know that the link...

Message posted on : 2011-01-20 - 22:44:17

Hi Warren! I wanted to let you know that the link to the NCAA waiver you posted at the end of your post does not work. The 'h' is missing from the 'http' at the beginning of the link.

Beyond that, your post is a great topic and is something I'm interested in knowing more about. I used to work in the insurance industry for a broker-dealer and a 3rd party administrator.

By any chance, would you know a general list of insurance carriers (ING, Allstate, etc.) that professional athletes, agents, or teams use to insure athletes?

It's a broad question, but it would be a benefit for people to understand how much risk and coverage is needed in the event that a pro athlete is injured during play, or away from the field.

Thanks!

Posted By : Anonymous

Reebok is finest brand we have in terms of shoes a...

Message posted on : 2011-01-21 - 03:42:18

Reebok is finest brand we have in terms of shoes and i feel bad for DeAngelo Hall
Posted By : Reebok Shoes

I think its a great idea to cover what you can pot...

Message posted on : 2011-01-21 - 11:59:07

I think its a great idea to cover what you can potential earn over your career. Especially in a hard hitting contact sport like football
Posted By : Alec Difrawi

Warren - I would love to talk to you about this as...

Message posted on : 2011-01-22 - 15:02:01

Warren - I would love to talk to you about this as I have some specific information related to the example you gave. In addition, I think the NCAA is walking a fine line with their disapproval of the loan program. Also, the other commenter looking for additional information on carriers - I can get you that info if you want to contact me.
Jim Padilla, JD
padillja@gvsu.edu

Posted By : JP

I've really enjoyed having a look around your ...

Message posted on : 2011-01-24 - 09:32:32

I've really enjoyed having a look around your blog today, keep up the good work!
Posted By : Weight Loss Pills

Jim, Thank you very much. I will be sending an ...

Message posted on : 2011-01-26 - 18:07:20

Jim,

Thank you very much. I will be sending an email to you this evening.

I appreciate your effort to help answer my question!

Posted By : Anonymous

I can't see why they'd license Morrison if...

Message posted on : 2011-01-26 - 22:07:22

I can't see why they'd license Morrison if he won't undergo testing.

source:
Bail Bonds Henderson NV

Posted By : bail bonds las vegas

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Message posted on : 2011-01-26 - 22:09:03

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source:
Bail Bonds Henderson NV

Posted By : bail bonds las vegas

Looks like Matt Ryan got himself a very good agent...

Message posted on : 2011-01-26 - 22:35:05

Looks like Matt Ryan got himself a very good agent.
Posted By : bail bonds henderson

Me neither, just doing my part to explain the irre...

Message posted on : 2011-01-27 - 22:19:32

Me neither, just doing my part to explain the irrelevance of his position.
Posted By : Paul Stuart Haberman

Hi. My sorority is looking into hosting a bracket ...

Message posted on : 2011-01-28 - 00:16:05

Hi. My sorority is looking into hosting a bracket competition this year, with all of the proceeds going to a reputable national charity, and non-monetary prizes. Do you know if this sort of fundraiser would be legal? We are in Illinois, for what it's worth. Thanks so much!
Posted By : Sammy

College football exists for the players growth and...

Message posted on : 2011-01-28 - 11:55:57

College football exists for the players growth and development. That is what the American Football Coaches Association's Code of Ethics states. A playoff is better for the players' growth and development than the BCS system. While not perfect, at least the NFL system has more teams working, problem-solving and improving for a chance at a postseason birth, than the BCS system that has the vast majority of teams eliminated by midseason. College players would grow and learn more in a system that rewards teams that use setbacks to ready themselves for a comeback.
Posted By : Scott

I find the management of the relationship baffling...

Message posted on : 2011-01-29 - 07:45:56

I find the management of the relationship baffling. Even though I fully understand that the AD cannot allow donors to bully the program, there are two considerations which I feel must be made.

First, that it is part of the AD's job to manage the relationship with large donors, regardless of whether they allow the donor influence.

Second, when embarking on a hiring search, why wouldn't you want to exhaust every resource available and seek advice from as many qualified sources as possible. Taking Burton's advice is optional, but not even granting him the courtesy of discussion is a major failing.

Posted By : Marcus Shockley

You got #1 right for sure.

Message posted on : 2011-01-29 - 10:27:47

You got #1 right for sure.
Posted By : Anonymous

Great post, I think insurance could definitely be ...

Message posted on : 2011-01-31 - 17:52:22

Great post, I think insurance could definitely be a reason that college athletes would make the jump to the NFL. Although it could be quite costly as a professional athlete to purchase insurance.
Posted By : Anonymous

They can't give the money back to this donor. ...

Message posted on : 2011-01-31 - 19:38:26

They can't give the money back to this donor. What kind of example does that set? If a unversity doesn't w**re itself out to donors that get their way, they don't deserve big donations? I don't like that line of thinking.

source:
Bail Bonds Henderson, NV

Posted By : bail bonds las vegas

For all intents and purposes Notre Dame football H...

Message posted on : 2011-01-31 - 23:27:45

For all intents and purposes Notre Dame football HAS had its own channel for several years, at least for home games: NBC. Or, should I say NDBC--the 'Notre Dame Broadcasting Company'.
Posted By : Anonymous

I find two sentences important 'Burton expres...

Message posted on : 2011-02-03 - 18:23:51

I find two sentences important 'Burton expressed anger that Hathaway did not include him in the process of searching for a new coach' and 'Burton said in his letter that he had made several attempts to contact Hathaway to discuss the search, but did not hear from him until the choice had been made.'

For the first sentence, if Burton was asking to be a member of the search team, that is inappropriate. However, he could possibly have been invited to speak his mind to the search team, while presumably they would provide no details as to their own position or the candidates involved.

For the second sentence, if Hathaway didn't even respond, that is poor treatment for a donor.

Posted By : Anonymous

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Message posted on : 2011-02-05 - 00:15:55

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Posted By : kakon

That they started by paying RICO-level damages is ...

Message posted on : 2011-02-06 - 23:04:22

That they started by paying RICO-level damages is encouraging that you can get more. I could imagine getting more with direct expenses (and related ancillaries--pet boarding, car parking, etc.), but it's hard to see punitive damages.

Give you odds--without having seen one--that the tickets don't offer anything above face-value refund, and that the pre-emptive offer will keep anyone from trying.

Posted By : Ken Houghton

Interesting arguments for additional damages. Seem...

Message posted on : 2011-02-07 - 08:00:26

Interesting arguments for additional damages. Seems like the NFL offered treble damages already and I think most reasoned courts or judges would say three times the amount of the ticket is far beyond what is required. Weren't they allowed admission to the game, but they just could not sit?
Posted By : Anonymous

No; they were not allowed admission to the stadium...

Message posted on : 2011-02-07 - 08:20:52

No; they were not allowed admission to the stadium. And why is three time face 'far beyond what is required' if their total expenses (made in reliance on the expectation that they would be able to watch the game from the stadium) exceed that amount?
Posted By : Howard Wasserman

Four concepts support the NFL: 1) force majeure (t...

Message posted on : 2011-02-07 - 09:20:56

Four concepts support the NFL: 1) force majeure (the weather created the problem, not the Cowboys or the NFL); 2) safety (call it public policy if you will)-while the Cowboys could not control the weather, the decision was actually designed to protect its fans from injury; 3) Legality (call it condition subsequent if you will) announcements were made all over the news and the internet prior to the game itself that there might not be enough seats due to delays in fire marshall inspection, a condition precedent to admission. Continuing to the stadium assumed the risk that their seat might still not be available; 4) accord and satisfaction: those who took the refunds likely be barred from suit. The goal of contract law is remarkably different than tort law my friend. However, if you are adamant about the possible legal claims, then everyone could sue in the event they drove to a mall, store, concert, event or anything else which required travel and the event was postponed or cancelled. Would you award gas money in all those cases? Would you award emotional distress? It would open the floodgates to litigation. Of course, that is good for trial lawyers.
Posted By : Anonymous

Of course, there's always the good business pe...

Message posted on : 2011-02-07 - 12:04:17

Of course, there's always the good business person decision to avoid a lawsuit altogether. Forget the bar exam question for a second, because apparently 'The 400 fans w/out seats last nite went on field postgame, received free merchandise, food, beverage, $2,400, free SB46 tix'...see http://twitter.com/NFLprguy/status/34632694184939520#

...and if true, well, its a rough day for the potential trial lawyer...

Posted By : Anonymous

Can we please stop with the gratuitous trial-lawye...

Message posted on : 2011-02-07 - 13:13:12

Can we please stop with the gratuitous trial-lawyer bashing (or take it to a different site)? A question was posed to start a doctrinal discussion--not to promote attacks on a group of individuals.
Posted By : Howard Wasserman

Anon., 1) I'm not sure how the weather affect...

Message posted on : 2011-02-07 - 13:20:01

Anon.,

1) I'm not sure how the weather affected the installation of the seats; 3) When were the announcements first made? I was watching NFL Network all day and the first it was announced was after 5PM ET, well after fans were encouraged to arrive at the site.

I think the biggest beef folks should have is that the NFL obviously knew this was a problem during the week but did nothing until mere hours before the game. The contingency plan was incredibly haphazard and apparently spontaneous. Folks were denied entry to the venue until the NFL formulated a plan. Were I to attend the Super Bowl, especially in so lauded a stadium, I would want to arrive hours early to walk around, etc.

Posted By : Josh

You know, two other approaches to defend potential...

Message posted on : 2011-02-07 - 13:24:45

You know, two other approaches to defend potential plaintiffs would be the frustration of purpose doctrine and the doctrine of impossibility: on the one hand, the weather acted as a force majeure. On the other hand, if the fire marshall could not approve the seating (even if just for sake of argument) then this could be a solid defense for the NFL/Cowboys Stadium as well. Those are both solid contract defenses.
Posted By : Anonymous

Howard: sorry about the 'trial-lawyer' b...

Message posted on : 2011-02-07 - 13:41:14

Howard: sorry about the 'trial-lawyer' bashing. Could have been put much differently.
Posted By : Anonymous

The last Cowboys game was Dec 19, and they were al...

Message posted on : 2011-02-07 - 13:48:31

The last Cowboys game was Dec 19, and they were already out of the playoff race. So the NFL had 6 weeks to get these seats ready and couldn't do it because they couldn't get the fire marshall there on time? Or was there some reason that these seats were not 'safe' because of the ice/cold? Not only that, but they didn't tell these fans until the last minute that their seats wouldn't be ready?
Posted By : Andrew

You know, on the other hand, if Jerry Jones (as I&...

Message posted on : 2011-02-07 - 14:18:50

You know, on the other hand, if Jerry Jones (as I've just heard) was behind all this just to be able to sell more tickets and break the all-time Super Bowl attendance, then this whole damages thing might have some steam!
Posted By : Anonymous

according to background check on people playing it...

Message posted on : 2011-02-07 - 15:19:00

according to background check on people playing it, the game is outstanding and its worth every penny for it.
Posted By : Background Check

To answer Anon's comment re: floodgates of lit...

Message posted on : 2011-02-07 - 15:52:03

To answer Anon's comment re: floodgates of litigation, I agree w/r/t postponed and cancelled programs. But the Super Bowl was not cancelled or postponed. The venue promised it had seats it did not have. That's an important distinction. A few customers relied on that false promise. Reliance damages are contract damages, perfectly within whatever 'goal of contract' law you support. (Agree with throwing IIED out the window).

Howard -- One interesting approach for Fan A is to argue that their seats were revoked -- which was within the NFL's rights (i.e. classic caselaw says that tickets are revocable licenses). If you can draw that analogy -- and it's not so difficult given that these folks were not able/permitted to see the performance -- then I am fairly confident that damages for revoking a license (at least in some jurisdictions) include reliance costs.

I have to believe a smart Texas plaintiff's attorney is considering this argument today. 400 people x rough average of $2,000 in travel damages is a decent chunk of change for a class. Anon points out what I think is the harder argument -- whether they 'settled' by going down onto the field, accepting free merch, and so forth.

I'm no damages/remedies expert though . . .

Posted By : Anonymous

This is a great discussion and issue for a contrac...

Message posted on : 2011-02-07 - 18:57:32

This is a great discussion and issue for a contracts course!
Posted By : Anonymous

One thing that makes the Super Bowl unique is the ...

Message posted on : 2011-02-07 - 22:15:22

One thing that makes the Super Bowl unique is the foreseeability and expectations by the seller of a likelier detrimental reliance by the buyer to incur other costs (travel, hotels, etc).

This isn't like a normal concert or regular game where many of the purchasers are local. Rather, the SB draws people from all over the country.

In fact, it's quite foreseeable that tickets sold in the last two weeks would be from people traveling from the areas where the competing teams play.

Posted By : AS

I'd be surprised if a suit like that would fly...

Message posted on : 2011-02-08 - 10:20:12

I'd be surprised if a suit like that would fly. If the nfl really wanted to dot their i's and cross there t's they would have tried to have them sign a document thats says they accept the refund plus cash and 46 tickets as a settlement.

Mike

KANSAS LAWYER

Posted By : Mikethelawstudent

repippImho the cowboys are responsable they were g...

Message posted on : 2011-02-08 - 20:38:22

repippImho the cowboys are responsable they were greedy by adding seats in a unsafe place.
Posted By : muttsey88

Here is my list of the panel decisions by the thre...

Message posted on : 2011-02-09 - 10:48:52

Here is my list of the panel decisions by the three arbitrators in the Ohlendorf hearing:

Robert Herzog (1-0 for Teams - Sean Burnett, Nationals - 2010)

Fredric Horowitz - 3 Team Wins, 2 Player Wins

Team Wins

Sean Burnett, Nationals - 2010
Wandy Rodriguez, Astros - 2010
Mark Loretta, Astros - 2009

Player Wins

Shawn Hill, Nationals - 2009
Dan Uggla, Marlins - 2009

Steven Wolf - 5 Team Wins, 5 Player Wins

Team Wins

Brian Bruney - Nationals - 2010
Dioner Navarro - Rays - 2009
Felipe Lopez - Nationals - 2008
Francisco Rodriguez - Angels - 2008
Jeremy Affeldt - Royals - 2005

Player Wins

Jeff Mathis, Angels - 2010
Dan Uggla - Marlins - 2009
Oliver Perez - Mets - 2008
Todd Walker - Padres - 2007
Kyle Lohse - Twins - 2006

Posted By : Ed Edmonds

Credit to Howard Wasserman for keeping us posted o...

Message posted on : 2011-02-09 - 11:17:13

Credit to Howard Wasserman for keeping us posted on this issue and calling for queries on possible legal claims. As it turns out, it appears Howard had keen insights. A lawsuit has (or will) be filed on this matter and apparently a class action one. Great job!
http://sports.espn.go.com/nfl/playoffs/2010/news/story?id=6104356

Posted By : Anonymous

Here's a link to a class action complaint file...

Message posted on : 2011-02-09 - 11:49:03

Here's a link to a class action complaint filed in a Texas federal district court. It should resolve all of the forum and jurisidiction issue.

http://www.ticketlawsuit.com/Complaint.pdf

Posted By : Anonymous

The complaint linked to in the comments says the c...

Message posted on : 2011-02-09 - 12:35:02

The complaint linked to in the comments says the case was filed in the Northern District of Texas. The AP story also states the case was filed in Dallas. So, while your comment about the class including people who accepted other seats is insightful, I think the issues about California are now non-existent.
Posted By : Anonymous

So much again for my powers of prediction. The pa...

Message posted on : 2011-02-09 - 13:27:46

So much again for my powers of prediction. The panel selected Ohlendorf's figure of $2,025,000 over the Pirates' figure of $1,400,000.
Posted By : Ed Edmonds

Yes. :) Seriously, this has now evolved into a la...

Message posted on : 2011-02-09 - 15:34:01

Yes. :)

Seriously, this has now evolved into a law school exam question: civ pro, contracts, torts, consumer protection. Crazy! I think the fans are losing in the court of public opinion (I know, probably better for another blog, just my opinion). The NFL has done a pretty good job of winning the court of public opinion. I mean, come on, what else can they do? One thing is for sure: Howard Wasserman is on this thing like a hawk, and thanks!

Posted By : Anonymous

HmmM...Informative

Message posted on : 2011-02-09 - 18:29:12

HmmM...Informative
Posted By : Hammad Hassan

Great article...interesting point about the CBA st...

Message posted on : 2011-02-09 - 22:52:02

Great article...interesting point about the CBA stipulation for decertification following the expiration of the current agreement. Do you think that benefits the players or owners more? Players cannot be challenged in their decertification, but how long will support last for DeMaurice Smith and the rest of the NFLPA if the players cannot bring antitrust claims until September?

Secondly, won't some of the NBA cases like Wood and Williams, where courts held that the rookie draft and other rules were not restraints under the Sherman Act, affect the lawsuits of decertified players in the future? To me it seems like between the loss of health and pension benefits and a lack of security in knowing that they will win in court, decertification is a bad move for the players.

Posted By : Alex B

The Angels did win over Weaver.

Message posted on : 2011-02-10 - 12:50:26

The Angels did win over Weaver.
Posted By : Ed Edmonds

I would be beyond angry if my Superbowl trip was d...

Message posted on : 2011-02-11 - 00:46:12

I would be beyond angry if my Superbowl trip was destroyed because of greedy and inept organizers.

source:
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Posted By : bail bonds las vegas

This is a monster assembly of baseball guys. Thoug...

Message posted on : 2011-02-11 - 15:38:06

This is a monster assembly of baseball guys. Though isnt the Heitner guy just some kid with a website and a JD. His website says he 'reps' a bunch of minor leaguers but no big league guys. Not sure that qualifies him for an MLB arbitration panel.
Posted By : Anonymous

I'll include that 'Heitner guy' in t...

Message posted on : 2011-02-11 - 20:05:15

I'll include that 'Heitner guy' in the monster assembly of 'baseball guys'. He judged me at the competition and he gave the best critiques that my team received during the event. He also was a solid moderator. Thanks to Tulane for making it happen. Will hopefully be back next year.
Posted By : Anonymous

That's a great topic of yours.

Message posted on : 2011-02-11 - 21:25:41

That's a great topic of yours.
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Message posted on : 2011-02-12 - 01:16:02

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Posted By : arslan

Where can you find the final results of the compet...

Message posted on : 2011-02-12 - 12:20:53

Where can you find the final results of the competition?
Posted By : Anonymous

Team from University of Miami won.

Message posted on : 2011-02-12 - 17:55:51

Team from University of Miami won.
Posted By : Anonymous

Glad you had a good competition but (not to be neg...

Message posted on : 2011-02-13 - 00:05:42

Glad you had a good competition but (not to be negative about this one guy) but he has zero experience with MLB arbitrations. What you received are cooking tips from someone who has never stepped foot in a kitchen. bon apetit
Posted By : Anonymous

What experience does Fernando Tamayo, Jorge Arangu...

Message posted on : 2011-02-14 - 20:58:12

What experience does Fernando Tamayo, Jorge Arangure, Josh Bynes, or David Fidler have with MLB arbitrations? Looks like a lot of cooking tips.
Posted By : Anonymous

Ahhh look at ASU representin'!

Message posted on : 2011-02-15 - 01:28:11

Ahhh look at ASU representin'!
Posted By : bail bonds las vegas

Do you have a link to the winning briefs?

Message posted on : 2011-02-15 - 15:52:54

Do you have a link to the winning briefs?
Posted By : Anonymous

Message posted on : 2011-02-15 - 16:52:35

This comment has been removed by the author.
Posted By : Clownpants

Interesting dynamic having Ohlendorf's reps an...

Message posted on : 2011-02-15 - 16:53:25

Interesting dynamic having Ohlendorf's reps and the Pirates counsel there the day after the decision. Good event.
Posted By : Anonymous

I could NOT believe that Weaver didn't win the...

Message posted on : 2011-02-16 - 03:43:33

I could NOT believe that Weaver didn't win the arbitration case. I think the thing that is worst about the whole scenario is that the Angels will be paying Wells as much as they are and Weaver doesn't get what he deserves.
Posted By : Mitchell.Larsen

Your post is very interesting.

Message posted on : 2011-02-16 - 04:46:35

Your post is very interesting.
Posted By : analee

This is an excellent article and insight!

Message posted on : 2011-02-16 - 20:56:59

This is an excellent article and insight!
Posted By : Anonymous

Michael Jordan is a Basketball hero., He is my Ido...

Message posted on : 2011-02-17 - 02:17:06

Michael Jordan is a Basketball hero.,
He is my Idol.

Great post!

Posted By : analee

Thanks. On the flip side, is it possible that the ...

Message posted on : 2011-02-17 - 10:46:11

Thanks. On the flip side, is it possible that the NFL would want to declare an impasse, avoid the lockout and have football in the fall? Decertification would remain an option in both scenarios for the players.
Posted By : Anonymous

Marc-- I read that section differently. To me, t...

Message posted on : 2011-02-17 - 11:43:04

Marc--

I read that section differently. To me, that section says that once the CBA expires, the antitrust suit can't be brought until the later of one of these two occurs: 1) the parties bargain to impasse or 2) 6 months pass. So, impasse doesn't trigger the 6 month waiting period. Instead, the expiration of the CBA triggers the it. Pushing back the impasse date would only have an impact if the impasse occurred more than 6 months after the expiration of the CBA (which seems unlikely even with the NFL filing charges against the PA).

Posted By : Gabe Feldman

I agree with the reading provided by Mr. Feldman, ...

Message posted on : 2011-02-17 - 11:59:35

I agree with the reading provided by Mr. Feldman, but would also add that during the last decertification (and in the McNeil lawsuit), the players were actively trying to obtain free agency. In their successful antitrust suit, they attacked the reasonableness of the NFL free agency compensation system.

What are the challenges here? Surely the NFL isn't short-sighted enough to institute similar free agency restraints, so what policies could the NFL institute that would be challenged in an anti-trust suit? I think it very unlikely that the NFLPA could win an antitrust lawsuit based on NFL unilateral policies, especially after courts have said that things like salary caps and rookie drafts are not antitrust violations.

Posted By : Alex Bard

Gabe: I agree fully with your reading, and probab...

Message posted on : 2011-02-17 - 12:16:30

Gabe:

I agree fully with your reading, and probably could have presented that point in the post more clearly.

However, if the NFL believes they have evidence of 'bad faith' bargaining, I do not think they want to be unduly slothful in filing their grievance. In essence, a showing of bad faith bargaining now may help support a showing of continued bad faith bargaining down the road (as well as not enough time with good faith bargaining to get to impasse). And, based on the reading of the current collective bargaining agreement, it seems the NFL, even at the time of drafting, was fearful of the 'decertify and file an antitrust suit' strategy.

That, of course, however, gets back to the question of whether hard bargaining is bad faith bargaining. It's interesting, with the antitrust angle involved, to see management and a union having to reverse their traditional view of this issue.

Posted By : Marc Edelman

Alex: I believe your reading of past case law is ...

Message posted on : 2011-02-17 - 12:23:05

Alex:

I believe your reading of past case law is somewhat inaccurate. Courts have found that collectively bargained salary caps and rookie drafts are exempt from Section 1 of the Sherman Act under the non-statutory labor exemption. The outer contours of this exemption remain a subject of debate, as well as how far, beyond impasse, such an exemption would apply. (Issues not clearly addressed by the Supreme Court in Brown v. Pro Football).

Courts, however, have NOT FOUND that salary caps and rookie drafts are 'not antitrust violations.' Where these restraints lie outside of the non-statutory labor exemption, and the league exercises 'market power,' such restraints might be found to violate the Rule of Reason.

Posted By : Marc Edelman

Is there any similar language in the NBA CBA to yo...

Message posted on : 2011-02-17 - 16:29:00

Is there any similar language in the NBA CBA to your knowledge? I haven't looked over it in quite some time.
Posted By : Andrew

According to the information that I have read, the...

Message posted on : 2011-02-18 - 17:33:23

According to the information that I have read, the arbitration panel for the Pence hearing was Margaret Brogan, Robert Herzog, and Fredric Horowitz. Herzog will end up being a panelist on all three hearings this year. Horowitz was also a member of the Ohlendorf panel, and Brogan was also a member of the Weaver panel. This will be Brogan's tenth panel decision. In the first nine, she has a 5-4 record favoring the teams. Herzog's panel record is 2-1 in favor of teams. Horowitz is 3-3. The only other arbitrators to be involved in hearings this year were James Oldham and Steven Wolf.
Posted By : Ed Edmonds

You have misread the CBA provision you quote. It ...

Message posted on : 2011-02-19 - 11:07:41

You have misread the CBA provision you quote. It was written before the Supreme COurt decision in Brown and is no longer relevant or applicable. The NFLPA can decertify immediately and then the players can sue immediately. The NFL ULP is an attempt to block the decertification.
Posted By : Anonymous

The arbitration panel decided in favor of Hunter P...

Message posted on : 2011-02-19 - 17:38:54

The arbitration panel decided in favor of Hunter Pence. So, I ended the year 1-2 in predictions.
Posted By : Ed Edmonds

Is there a source that lists those who arbitrate t...

Message posted on : 2011-02-20 - 02:16:40

Is there a source that lists those who arbitrate these hearings?
Posted By : Andrew

I keep track of the arbitrators based upon news ac...

Message posted on : 2011-02-20 - 08:20:54

I keep track of the arbitrators based upon news accounts. I am building a website with my data that you can reach at my Notre Dame faculty webpage. A number of new charts will be going up next week. As to the representatives of each player and team during arbitration, that is not always reported.
Posted By : Ed Edmonds

As one of the 400 displaced fans and as a lawyer, ...

Message posted on : 2011-02-20 - 23:25:34

As one of the 400 displaced fans and as a lawyer, I respectfully disagree with the emphasis that has been placed on a breach of contract action. While it is true that disclaimer language on the back of the ticket may limit damages, the point you all are missing is that the tickets in and of themselves were bogusly issued. Simply stated, they are to seats that NEVER EXISTED! The real basis upon which punitive damages may be predicated stems from an action for fraudulent misrepresentation and the wanton and willful actions of the NFL in allowing those ticket holders to believe they had seats. I am curious about the analysis of each of the commenters in this blog once they see the 'breach of contract' theory is a red herring and the real cause of action is grounded in a claim for fraudulent misrepresntation upon which a claim for punitive damages may be bootstrapped.
Posted By : Paul Kutcher

Thanks for posting it..

Message posted on : 2011-02-21 - 01:40:45

Thanks for posting it..
Posted By : analee

http://www.law.tulane.edu/tlsOrgs/sportslaw/index....

Message posted on : 2011-02-21 - 16:43:48

http://www.law.tulane.edu/tlsOrgs/sportslaw/index.aspx?id=11368

All the briefs are on the Tulane site.

Posted By : Claire

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Message posted on : 2011-02-22 - 00:12:02

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Message posted on : 2011-02-22 - 21:16:09

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I don't care what anyone says. That hurt his legacy.

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Message posted on : 2011-02-23 - 03:17:34

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Message posted on : 2011-02-23 - 05:55:31

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Posted By : Law Article

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Message posted on : 2011-02-23 - 14:10:00

That fantastic! realy! these website is way better then everything I ever saw.
Posted By : Kid Rock Tickets

Its great to see that people are sharing quite pro...

Message posted on : 2011-02-23 - 14:11:59

Its great to see that people are sharing quite profitable information with each other and now we can move our selves to a new era.
Posted By : Kesha Tickets

How does that stack up against other charities?

Message posted on : 2011-02-23 - 19:36:56

How does that stack up against other charities?
Posted By : Dan

Hello, Thanks for this update and nice blog. I ha...

Message posted on : 2011-02-24 - 03:09:16

Hello,

Thanks for this update and nice blog. I have enjoyed reading and I'll keep visiting ...

Thanks

Posted By : wholesale caps

Warren - I think at a minimum it increases the scr...

Message posted on : 2011-02-25 - 11:58:39

Warren - I think at a minimum it increases the scrutiny on Kiffen at USC because USC was recently sanctioned for both football and basketball activities. However, there is now a new Athletic Director at USC as a result of those sanctions. Are Pat Haden and Lane Kiffin a good long-term match?
Posted By : Ed Edmonds

Ed -- We'll see. I've heard good things a...

Message posted on : 2011-02-25 - 15:49:51

Ed -- We'll see. I've heard good things about Haden but I also remember some saying about an old dog and new tricks. I just hope that the NCAA finally decides that it's tired of coaches jumping ship and letting the players and school they've left behind pay for their infractions.

Hope you're doing well.....

Posted By : Warren K. Zola

??? What is this guy talking about? ...'verd...

Message posted on : 2011-02-28 - 09:13:53

??? What is this guy talking about?

...'verdict against the BCS...

The BCS is not an entity, it's a person, Bill Hancock. He operates under a personal services agreement. It's not a business or organization, it's not anything. It is set up that way on purpose so there is nothing to sue. BCS is just an expression. It doesn't exist the way a company does.

Also, the NCAA has nothing to do with the BCS championship -- never has, never will.

Posted By : Anonymous

I am looking forward to reading this book. I was ...

Message posted on : 2011-02-28 - 10:23:01

I am looking forward to reading this book. I was wondering if there were any other similar authors or books that you would recommend?
Posted By : Anonymous

This is ok that the NFL labor crisis, and how NBA ...

Message posted on : 2011-02-28 - 10:24:03

This is ok that the NFL labor crisis, and how NBA players might be in a better position than NFL players when it comes to being locked out: some NBA players, Drew Forresster, Dennis and Callahan can tell really about legal aspect involving Barry Bonds.
Posted By : football tickets

Wow, I never thought there was so much to do with ...

Message posted on : 2011-02-28 - 18:09:42

Wow, I never thought there was so much to do with law and sports until I read this blog.

I hope you guys can check out our blog at lead-out.blogspot.com!

Posted By : Kevin

Warren, you raise some really good questions if th...

Message posted on : 2011-02-28 - 20:36:01

Warren, you raise some really good questions if the union ultimately decertifies, and there is even precedent that supports the enforceability of representation agreements that do not comply with the NFLPA agent regulations while the union is not certified (see Total Economic Athletic Management of America v. Pickens).

However, agents need to be aware that when the union ultimately becomes certified again, the union will certify (or recertify) agents again, and in that process the union can deny certification if the agent has engaged in conduct that significantly impacts adversely on his credibility or integrity to serve in a fiduciary capacity on behalf of players. Thus, the union could very well decide that agents who violated the agent regulations currently in effect (by contacting underclassmen, charging excessive fees, or whatever) lack the integrity to serve in a fiduciary capacity.

Posted By : Rick Karcher

Yes. Maybe explains this report: http://www.sports...

Message posted on : 2011-02-28 - 21:40:44

Yes. Maybe explains this report: http://www.sportsbybrooks.com/pat-dye-jr-cuffed-at-combine-sexton-escapes-29531
Posted By : Anonymous

Rich: I agree recertification will mandate agents ...

Message posted on : 2011-03-01 - 08:59:32

Rich: I agree recertification will mandate agents falling under the umbrella of the union's authority again. However, in dealing with agents for almost 20 years I don't doubt a few of them may give some thoughts to whatever they can do to achieve a competitive edge.

I'm also fairly certain we've seen the last of the 'Junior Rule.'

Posted By : Warren K. Zola

Professor Carfagna also teaches two classes at Cle...

Message posted on : 2011-03-01 - 15:20:46

Professor Carfagna also teaches two classes at Cleveland-Marshall College of Law: (1) Representing the Professional Athlete, and (2) Negotiating and Drafting Sports Venue Agreements.
Posted By : Anonymous

cross posted at - http://barrybondstrial.blogspot...

Message posted on : 2011-03-02 - 12:03:46

cross posted at -

http://barrybondstrial.blogspot.com/

Posted By : blogger

Thanks for cross-posting it on Barry Bonds Trial B...

Message posted on : 2011-03-02 - 16:25:16

Thanks for cross-posting it on Barry Bonds Trial Blog -- I appreciate it.
Posted By : Michael McCann

This is why sports people makes so much money! Th...

Message posted on : 2011-03-03 - 00:33:57

This is why sports people makes so much money! They need it to defend themselves.
Posted By : elder law attorney

Wow that is a lot of reading!

Message posted on : 2011-03-03 - 00:36:48

Wow that is a lot of reading!
Posted By : ticket attorney

Prof. McCann, in your article you stated 'The...

Message posted on : 2011-03-03 - 16:20:42

Prof. McCann, in your article you stated 'The parties could continue to negotiate after decertification and after a lockout.'

Who would be negotiating on behalf of the players? Since the union decertified, don't they lose the capacity to represent the players collectively?

Also, the NFL will keep the 2011 draft because it is authorized by the expiring CBA (see Article XVI, Section 1).

Posted By : Ryan E.

Ryan, thanks. As you know, the NFLPA will still e...

Message posted on : 2011-03-03 - 16:57:24

Ryan, thanks. As you know, the NFLPA will still exist after de-certification, but will be a trade association. It will lack the capacity to negotiate on behalf all players as a union. After the parties enter into litigation and also the NLRB grievance process (which seems certain, at least as I type this), they can continue to negotiate and they will.

The draft is not a certainty. I have spoken with several officials about that. I recognize that Article XVI says that there will be a draft in the year following the CBA, but there is uncertainty as to whether that language holds true if the league shuts down operations.

Posted By : Michael McCann

Prof. McCann, Here's what I have trouble wit...

Message posted on : 2011-03-03 - 19:14:59

Prof. McCann,

Here's what I have trouble with...is there such a sure thing that the players will win an antitrust suit against the league alleging things like the draft or salary cap are restraints of trade? NBA v. Williams briefly discussed the merits of a similar antitrust challenge and claimed that the pro-competitive effects of such policies outweighed their restrictive nature.

Without an obvious restrain on trade (like Rule B free agency in the late 1980s), is decertification and antitrust suit the best weapon for the players?

Posted By : Alex B.

I wrote a complimentary piece on this on my legal ...

Message posted on : 2011-03-08 - 09:44:03

I wrote a complimentary piece on this on my legal blog @ www.brownslaw.wordpress.com
Posted By : Anonymous

N-on A-thlethic S-port C-ontaining A-ll R-ednecks ...

Message posted on : 2011-03-09 - 15:54:34

N-on
A-thlethic
S-port
C-ontaining
A-ll
R-ednecks

It is a nothing more than a Liberal exercise..One left turn after another

Posted By : Anonymous

Having now seen it, I'm inclined to agree with...

Message posted on : 2011-03-11 - 11:28:08

Having now seen it, I'm inclined to agree with your conclusion.

The only question that comes up is whether there is deliberate jamming the body and elbow to head as they reach the point where the glass goes higher.

Would hate to be the prosecutor trying to try it (unlike, say, McSorley or Todd Bertuzzi, the latter of whom should have been banned by the NHL).

Posted By : Ken Houghton

Here's a link to the lawsuit that was filed to...

Message posted on : 2011-03-11 - 21:54:15

Here's a link to the lawsuit that was filed today: http://i.usatoday.net/sports/pdfs/anti_trust_filing.pdf
Posted By : Dave

I saw the video of the check and it seems that it ...

Message posted on : 2011-03-11 - 22:39:25

I saw the video of the check and it seems that it was the location of the hit that did the damage. To answer the question, the plexiglad and boards do vary from arena to arena, but over the last 15 years newer arenas have opted for 'harder boards' that do not give as much as those found in older arenas. The lack of flexibility, plus the increased size of players, may contribute to the seriousness of the injury. My solution (which would never happen) would be to widen the rinks to international size, 200 X 100, rather than 200 X 85.
Posted By : Mark Conrad

It'll likely not happen, Mark. Not only that, ...

Message posted on : 2011-03-12 - 08:25:59

It'll likely not happen, Mark. Not only that, Chara did it on purpose and everyone who knows hockey knows that. Yes, the location of the hit was crucial--just the way Chara likes it.
Posted By : sportslawyer

You had to remind me about the second circuit hija...

Message posted on : 2011-03-12 - 09:11:38

You had to remind me about the second circuit hijacking Clarett.
Alan Milstein

Posted By : alan milstein

It's still hard to get that out of my mind - l...

Message posted on : 2011-03-12 - 10:14:26

It's still hard to get that out of my mind - like you said the other day, there were cases involving violent crimes that didn't make the cut for the 2nd Circuit's emergency review, and yet a case involving player who wanted to enter the NFL draft was deemed an emergency.
Posted By : Michael McCann

Torts study case isn't it? I guess it all come...

Message posted on : 2011-03-14 - 06:12:11

Torts study case isn't it? I guess it all comes down to the wider notion of acceptable and expectable behavior in the context of the game. According to the images, there seems to be little in Chara's actions to suggest that he's done something outside the normal conduct in a game, although it was in breach of the rules and therefore sanctioned.

If this were to go to court, reckless disregard would be hard to press given the nature of the game and consent would obviously play a part, I guess.

Great post once more. Take care

Posted By : LCN

I DISAGREE SIOUX 4 LIFE!!!

Message posted on : 2011-03-15 - 15:02:16

I DISAGREE SIOUX 4 LIFE!!!
Posted By : Anonymous

Thanks for posting, especially the NFL lawsuit!

Message posted on : 2011-03-15 - 19:45:49

Thanks for posting, especially the NFL lawsuit!
Posted By : Anonymous

Here is a PASPA article in the Gaming Law Review a...

Message posted on : 2011-03-15 - 20:11:54

Here is a PASPA article in the Gaming Law Review and Economics - http://www.liebertonline.com/doi/abs/10.1089/glre.2010.14406
Posted By : Anonymous

Nice one!! Interesting thoughts here. I appreciate...

Message posted on : 2011-03-16 - 09:35:55

Nice one!! Interesting thoughts here. I appreciate you taking the time to share them with us all. It's people like you that make my day!!
Posted By : Joe Wiz

These NBA refs are getting ridiculous.

Message posted on : 2011-03-18 - 06:37:02

These NBA refs are getting ridiculous.
Posted By : tame lizard

This whole gambling legislation is a total mess.

Message posted on : 2011-03-18 - 12:31:48

This whole gambling legislation is a total mess.
Posted By : William Reed

Very sad story. You would think that certain prec...

Message posted on : 2011-03-20 - 08:49:12

Very sad story. You would think that certain precautions would be taken to ensure safety. Good stuff, though. Feel free to check out my hockey blog on hockey skills, tricks, tips, and much more. Thanks.
Posted By : Anonymous

Hey all you MORONS out there!! Mike Leach never lo...

Message posted on : 2011-03-22 - 13:42:47

Hey all you MORONS out there!! Mike Leach never locked a kid in a closet!! Give Me a Break!!

You PEOPLE Still believe this nonsense???

Just because ESPN reported it that way doesn't mean its true!!

I hope Mike Leach cleans out TTU and ESPN in court, as well as Craig James' PR firm that he hired to release the Youtube videos (Spaeth Communications).

YOu people need to look at the evidence, and quit assuming. They planned on firing him one year beforehand, and there are emails to prove it!

I absolutley hate Texas Tech now!! I used to have so much pride in my school. I will make sure my kids never set foot on that campus.

All you Tech fans should be real proud that not only did your school fabricate lies to get a good coach fired, but now, they have hired a coach with 3 DUI arrests!! And this was the same AD from Miami that passed on Leach because of 'baggage'. DISGRACEFUL!!

There is not one ounce of Moral Fiber, honor our integrity in that adminstration.

Posted By : Anonymous

Assuming, for the sake of argument, that the parti...

Message posted on : 2011-03-23 - 10:28:30

Assuming, for the sake of argument, that the parties are at impasse, and further assuming that the policy was in place at the time impasse arose, it seems to me the employer still has the right to retain and enforce the policy. I don't agree with that necessarily, but all in all it's pretty basic labor law.
Posted By : Tribe

But are they at an impasse or has the collective b...

Message posted on : 2011-03-23 - 10:45:13

But are they at an impasse or has the collective bargaining relationship ended? And if its the latter, why would the conduct policy remain in effect when it was borne from the bargaining relationship? I understand that if the parties continue to bargain in good faith, the terms of the prior CBA can remain in effect, but it would seem -- depending on what the NLRB and Judge Nelson decide in the coming weeks -- that a decertified players' association and locked out players have no collective relationship with the NFL.
Posted By : Michael McCann

The contractual angle is quite interesting. I'...

Message posted on : 2011-03-23 - 11:09:20

The contractual angle is quite interesting. I'm trying to analogize NFL Player's with workers in other striking or locked-out industries but I can't think of one where the personal conduct policy is so invasive and pervasive.
Posted By : Jason Chung

Do not think NFL can enforce policy since the unio...

Message posted on : 2011-03-23 - 13:03:54

Do not think NFL can enforce policy since the union decertified; as such terms of CBA do not apply. What about individual contracts though? Do not see how NFL can impose a lockout, denying benefits on one hand then seeking to enforce terms in that contract.
Posted By : qtlaw24

If the bargaining relationship has ended, than an ...

Message posted on : 2011-03-25 - 12:29:04

If the bargaining relationship has ended, than an employer has the right under current labor law to implement any term and condition it wants, subject to whatever applicable federal and state law there is. In the absence of any particularized law restricting an employer from regulating employee conduct off the job, I'd say the NFL has the right to do so. Again, I think it's unfair, but I don't think it violates any law I'm aware of.
Posted By : Tribe

In regard to antitrust law, I just know enough of ...

Message posted on : 2011-03-25 - 12:31:27

In regard to antitrust law, I just know enough of it to use the statutory and non-statutory labor exemption to protect a client when the need arises. But I don't see how antitrust law would preclude an employer from regulating private employee conduct. For instance, myriad employers in the private sector have generalized policies of not employing felons, for example. I'd be surprised if that gave rise to an anitrust violation.
Posted By : Tribe

I am not a sports fan but I am a fan of the studen...

Message posted on : 2011-03-29 - 21:38:58

I am not a sports fan but I am a fan of the student, spending my days working to help the lower income, disadvantaged students, obtain the education they are currently deprived of. Watching NPT tonight I saw the issue here and I am disgusted. Who the &*(& does the NCAA think they are? This is nothing more than modern day slavery like it or not and I truly hope these former players give the NCAA the kick in the @@S they surely deserve. Not only does the business set up appear to be a monopoly (students can't play without an NCAA contract agreement) but the fans are there to see the team, not the NCAA. The NCAA is guilty of making the students the bread winners and the NCAA the 'Master' pretty sick if you ask me. People may not like the comparison but slavery takes all forms and if this isn't considered slavery this country needs a serious wake up call!!!!!!!!
Posted By : Keener Watching

In the first instance, retired players are not par...

Message posted on : 2011-03-30 - 17:42:55

In the first instance, retired players are not part of the bargaining unit and the union owes no duty of fair representation to them. It's difficult for me to understand where the anti-trust violation lies...after all retired players are not, or no longer, in the trade of obtaining employment. If anything, it would appear at first glance that this might fall under ERISA law.
Posted By : Tribe

The idea that there needs to be age restriction in...

Message posted on : 2011-03-31 - 14:55:26

The idea that there needs to be age restriction in the NBA is ridiculous. If the league/ players and owners don't want 'under-age' players DON'T DRAFT them. Likewise, there is no need for a franchise tag for super stars on teams with incompetent front offices. For lottery picks, there is a 'franchise tag'; it's called RESTRICTED free agency. If a team cannot or will not build/ cultivate a winning culture that attracts talent or endears their 'star' to stay after 5- 7 years (the time in which a lottery pick's second contract generally expires)- 'hasta livista, baby'.

Why are teams looking for rules/ by-laws to save THEMSELVES from irresponsible decision making?

Stop the insanity.

Posted By : heh8meN1

how it may impact safety rules and legal liability...

Message posted on : 2011-03-31 - 21:53:43

how it may impact safety rules and legal liability; media deals and marketing in college sports, including the use of student-athlete names and likenesses; and the federal antitrust implications of college football's Bowl Championship
Posted By : Orange County Mortgage Lenders

Mike, thanks for covering this intriguing story. A...

Message posted on : 2011-04-01 - 09:55:46

Mike, thanks for covering this intriguing story. As a new parent, I am compelled to comment that your #5 point is, IMO, the #1 point. Why didn't Ferrer simply ask the ref for the parent to be removed with the baby? For that matter, why didn...'t the ref instigate this? Honestly, it seems just that simple to me. A fan who was making obnoxious noises would have been asked to be removed. To let the baby's crying bother him to the point he lobbed a ball at the baby is immature and inexcusable. He's damn lucky that baby didn't get hit. I also believe the parent should have left until the baby quieted down. These are two common sense, mature options, and that fact that neither happened is the most worrisome of this incident.
Posted By : Courtney Collins

I agree with both Mike and Courtney. And if I were...

Message posted on : 2011-04-01 - 11:03:18

I agree with both Mike and Courtney. And if I were the father of the crying baby in the stands, I would have taken the baby out for a little break away from the sports event (I probably wouldn't have brought a baby to a tennis match to begin with). But as a tennis player and father, I've begun to question the silent etiquette expected of tennis fans. Athletes in almost all other sports endure all kinds of noise and distractions, often in conditions where the fans are closer to the athletes and a lot noisier, and they still manage to execute incredibly precise feats requiring high levels of concentration. I think that noise during a tennis match might be a positive change for the sport (not baby's crying, but maybe a percussion troupe, or organized chants). There could start with an experimental tournament that allows more fan noise and see how it goes.
Posted By : Daniel

Michael: Although the ATP cannot sanction Ferrer, ...

Message posted on : 2011-04-01 - 17:15:51

Michael: Although the ATP cannot sanction Ferrer, the ITF can. Players must adhere to the ITF regulations to play ATP tournaments, including a code of conduct that penalizes –among others- “on-sites offences� as follows: “Any player who is defaulted as herein provided SHALL LOSE ALL PRIZE MONEY, HOSPITALITY AND POINTS EARNED FOR THAT EVENT AT THAT TOURNAMENT AND may be fined up to $250 in addition to any or all other fines levied with respect to the offending incident� link is: http://www.itftennis.com/mens/circuitinfo/rules/index.asp
Posted By : Ariel Reck

Hey Prof. McMann, I met you a couple years back at...

Message posted on : 2011-04-01 - 17:44:53

Hey Prof. McMann, I met you a couple years back at a Boston College Law School alumni event in San Diego and it's been great to see how your career and sports law in general has gained more attention in the public sphere. Now that I've graduated and am commencing my practice, I continue to see the intersection of law with my various interests and as an avid sports fan I'm a big fan of your site which I frequent now and then. Best of luck on your continued fame in a field of law that continues to evolve.

I would like to leave you with some questions that I've been pondering which I hope you can help answer. If a state were to legalize marijuana what impact would it have on the athletes that play for sports teams in that state and would it influence the marketability of the teams in those states (I'm obviously thinking Ricky Williams here)? Further would legalization influence the policy of the league overall? And has there ever been an instance in which an athlete used marijuana for medicinal purposes? (I know Kareem used it for treatment long after his retirement, he even got a DUI for it, but what if a current player had a prescription to use it for knee or back pain or any of the many ailments which arise from sports).

Posted By : Frank Ahn

The bulk of Carrington v Duke was dismissed, espec...

Message posted on : 2011-04-01 - 18:07:05

The bulk of Carrington v Duke was dismissed, especially the counts against Duke and its officials. The only substantive count remaining for Duke is Count 11, which could be an interesting test case on fiduciary responsibility.

Fun note from the conclusion: 'The Court is compelled to note that while § 1983 cases are often complex and involve multiple
Defendants, Plaintiffs in this case have exceeded all reasonable bounds with respect to the length
of their Complaint and the breadth of claims and assertions contained therein.'

Posted By : Beau Dure

I miss Johnny McEnroe. Seriously. That said, I&#39...

Message posted on : 2011-04-02 - 00:33:43

I miss Johnny McEnroe. Seriously. That said, I'm glad Ferrer didn't hit the kid - that's where you have to draw the line.

'Probably would have committed ... battery' - could he raise the defense it was negligent? He didn't intend for his errant shot into the crowd to hit anyone. He wanted the ball to exit the stadium or hit the retaining wall or some other effect - the result was a mere error of calculation. I suppose superior skills defeats that argument all together?

Posted By : Kyle

First let me state that I am not a lawyer but mear...

Message posted on : 2011-04-02 - 03:08:10

First let me state that I am not a lawyer but mearly a layman. Therefore the following questions answer is likely obvious to a lawyer but it is not to me.

It is my understanding that perjury requires that three elements be proven beyond reasonable doubt. 1) The statement made is false. 2) The defendent knew it was false when he made it. 3) The statement is material to the GJ investigation. It is this final requirement (materiality) that leads me to my question.

If the substance injected is unknown (can not be proven to be an illegal PED) then how is the injection material?

Posted By : Mark Raines

good post on important topic...

Message posted on : 2011-04-02 - 11:25:34

good post on important topic...
Posted By : immigration lawyer

A few comments: We are in trouble if the courts p...

Message posted on : 2011-04-04 - 09:37:13

A few comments:

We are in trouble if the courts permit prosecutors to fabricate false evidence so long as it is not used at trial. Prosecutors seek plea deals; and giving them a free hand to fabricate a phony case in order to pressure a defendant is like giving a kid the key to a candy store. Pity the next defendants who are falsely accused of rape, and have a community stirred up against them with lies and false evidence...

As for Levicy, she repeated changed her SANE report and her own testimony (even 10 months later, in January 2007) to make it conform to Mangum's changing stories and each new police 'theory' of the case. Her lies provided the only 'probable cause' the case ever had; without it, the police would have had no basis on which to obtain search warrant.

But the court ruled (wrongly, IMHO) that as a SANE (sexual assault nurse examiner) she owed no duty to persons who might be accused on the basis of her reports, because--as a medical officer--she had a duty of care only to those who were her patients. But the court misunderstands the role of a SANE; that role is to gather evidence, not to treat the patient.

The court also ruled that the actions of the Black Panthers in threatening a defendant inside a courtroom with death, passing out photos of the accused and promising to bring 'their own kind of justice', and making other death threats, was not akin to the sort of Klan actions covered by section 1985; and since the Fourth Circuit has held that section 1985 applies only to African-Americans or those with a similarly long history of past discrimination, the Duke students are not included in its protections.

As well, Duke, though it handed over private student information in violation of FERPA (and lied about it afterwards to the court) nevertheless did not violate their privacy rights because the actions recorded on the students' key card information were all taken in public, and therefore had no expectation of privacy.

Nifong used that information to pick suspects whom he could confirm had been in Durham. (As one of his investigators said, they didn't want to pick someone only to find out he had been on a plane at the time.)

To my mind that makes Levicy, Duke, and Nifong all co-conspirators.

All in all, the effect of Beaty's decision, IMHO, was to narrow down the potential liabilities as much as possible to only a few police offices, who may--perhaps--be turned into the scapegoats, in an effort to limit damage and confine it, first to Nifong, and then only to a couple of 'rogue' officers.

IMHO, a generally bad decision.

Posted By : Anonymous

the unindicted players never were invo...

Message posted on : 2011-04-04 - 12:23:49

'...the unindicted players never were involved in any formal processes'

I'd certainly classify the NTO as a 'formal processes,' along with a few other warrants and orders used.


'...Levicy …There are no allegations that she knew this information was wrong.'

The allegations are that SHE provided the false information.


I appreciate much of what you openly share here, and understand that there are more than a couple thousand pages to cover just to see what is in the complaints and rulings.

Posted By : kbp

But providing false information, while tortious, d...

Message posted on : 2011-04-04 - 16:48:33

But providing false information, while tortious, does not make someone a state actor subject to constitutional liability.
Posted By : Howard Wasserman

That statement would seem to also cover Meehan (sp...

Message posted on : 2011-04-04 - 18:35:21

That statement would seem to also cover Meehan (spelling?).
Posted By : kbp

Nelson granted Eller's motion today for expedi...

Message posted on : 2011-04-05 - 00:06:27

Nelson granted Eller's motion today for expedited briefing and hearing so its PI motion will also be heard on Wednesday. To me, the Eller complaint and PI motion are significantly stronger than those in Brady (particularly on the irreparable harm front) and though I haven't fully thought this through, even if the Eller PI is denied, it seems to me the league will have to settle separately with the Eller retired player class. Which means the class will first have to be certified. Not easy, and certainly something that is going to be a pain in the league's butt. Possibly, the Eller plaintiffs trade a voluntary dismissal for enhanced retiree benefits for all current and future retirees in the next CBA. In any event, they should get something decent out of this without ever having risked much. If anyone is interested, I've been blogging my musings on the lockout from a law and policy perspective: www.nflpolicy.com.

- julian

Posted By : Julian Dayal

Absolutely. As I said in the pose, the court got i...

Message posted on : 2011-04-05 - 00:38:57

Absolutely. As I said in the pose, the court got it right as to DSI and Meehan, because there clearly was an agreement between private and public persons to engage in unconstitutional conduct. And the court got it right that no one from Duke had made such an agreement.
Posted By : Howard Wasserman

NICE

Message posted on : 2011-04-10 - 01:42:05

NICE
Posted By : Anonymous

How can I access the webcast?

Message posted on : 2011-04-10 - 21:30:02

How can I access the webcast?
Posted By : jps13pat

The one thing that may cause the government to rep...

Message posted on : 2011-04-14 - 11:45:00

The one thing that may cause the government to reprosecute: If Judge Illston gives an especially lenient sentence (such as no jail time), the government might try again, knowing a) on at least one perjury count, the hung jury was the result of one lone holdout) and b) the overwhelming majority of retrials after hung juries result in conviction.
Posted By : Howard Wasserman

turning left with more G-force pressure on u than ...

Message posted on : 2011-04-19 - 09:26:52

turning left with more G-force pressure on u than a jet and going 200 mph is not easy especially if you ever try it yourself

you keep playing with little balls in your 'sport'

Posted By : Anonymous

Great article, Warren. Additionally, if the retur...

Message posted on : 2011-04-20 - 14:40:11

Great article, Warren. Additionally, if the return to NCAA option is allowed, a protection for the student-athlete needs to be in place so that if his coach no longer has a scholarship for him, he would be allowed to freely transfer without having to sit-out. This would negate the 'coach being held hostage' argument. He can give the scholarship away should he choose to.
Posted By : Tim Epstein

Tim, good catch. Neglected to include that caveat...

Message posted on : 2011-04-20 - 14:59:50

Tim, good catch. Neglected to include that caveat although I had it in a draft. When I get called to the NCAA to give my recommendations I'll be sure to include that addendum
Posted By : Warren K. Zola

What would happen if a player who says he is going...

Message posted on : 2011-04-21 - 15:43:38

What would happen if a player who says he is going to stay in college gets drafted. What is stopping him from going to play in the NBA. I feel like that would be the best option for guys like Barnes/Jones who want to stay the year, but if they end up getting drafted top 5 take the plunge. And the player doesnt have to make that decision
Posted By : Anonymous

In order to return to college, the player needs to...

Message posted on : 2011-04-21 - 20:34:13

In order to return to college, the player needs to remove his name from draft consideration. If a player does that, the NBA will not select him. Just as they wouldn't consider drafting Jared Sullinger or anyone else who returned.

Now the NBA could change their rules to mimic those of the NHL where a team retains a players rights even though a player returns to college--like they used to allow when Red Auerbach drafted Larry Bird before his junior year....

Posted By : gabrielle

For a player to return to college, they need to re...

Message posted on : 2011-04-21 - 20:38:57

For a player to return to college, they need to remove their name from the NBA draft. Once that is done the NBA won't select them.

However, in theory, the NBA could change their rules to mimic the NHL draft rules whereby a player may be selected by a team and that team retains their rights--even if they return to school.

Thus, a team could select Jared Sullinger this year, he returns to OSU, and the team retains his rights until he's chooses to enter the NBA.

Posted By : Warren K. Zola

JG Well said. Just continues to show how unique e...

Message posted on : 2011-04-21 - 22:36:53

JG

Well said. Just continues to show how unique each sport is with their own rules and regulations that make no sense to anyone outside of the sport. Especially like the BAA Exec Dir's quote.

Posted By : Warren K. Zola

The withdraw date under NCAA rules used to be afte...

Message posted on : 2011-04-22 - 09:47:42

The withdraw date under NCAA rules used to be after the NBA draft, which allowed undrafted players to retain their college eligibility and return to school. Two years ago, the NCAA revised its rules such that now the player must withdraw before the draft (May 8) and even before the NBA's mid-June withdrawal date, which makes it extremely difficult, if not impossible, for a player to make an informed decision whether to 'take the plunge' as Anon put it. The NCAA's rationale for the rule change was the 'coach being held hostage.'

Changing the NBA's draft rule so that the team retains the rights to the player when the player returns to school doesn't work because under NCAA rules basketball players lose eligibility once drafted. The NCAA would also have to permit drafted basketball players to return to school so long as they don't sign a professional contract, but there's probably a greater chance of hell freezing over.

Posted By : Rick Karcher

Excellent piece--great analogies.

Message posted on : 2011-04-22 - 14:15:23

Excellent piece--great analogies.
Posted By : Holly Vietzke

Thanks Rich. You answered my question. What I was ...

Message posted on : 2011-04-22 - 16:07:36

Thanks Rich. You answered my question. What I was thinking is if someone like Sullinger was drafted even though he 'committed' to come back, as the #1 pick. I thought he would be able to sign that contract. But if I understand the comments, I guess that isn't allowed.
Posted By : Anonymous

Rick, agreed with your analysis of the chances of ...

Message posted on : 2011-04-23 - 08:14:16

Rick, agreed with your analysis of the chances of the NCAA changing their rules. What's concerning is the NCAA's inconsistency in their rules--it's allowable for players to remain eligible if the NHL or MLB drafts them but not the NBA. Why? What is their rationale? And more importantly, is it rational?
Posted By : Warren K. Zola

Tim -- You just had to mention Boston College. Ni...

Message posted on : 2011-04-24 - 12:11:12

Tim -- You just had to mention Boston College. Nicely done.
Posted By : Warren K. Zola

Interesting question, and I'm not sure how the...

Message posted on : 2011-04-25 - 06:39:32

Interesting question, and I'm not sure how the NCAA tries to rationalize it. The key question though, at least from a legal standpoint, is whether a court would view the rule as arbitrary and capricious if challenged. A compelling case could be made that it is arbitrary because, in our hypothetical here, the player has not signed a professional contract and has not relinquished an intent to maintain his eligibility in amateur sports (which is similar to what was argued in the Oliver case in regards to the no agent rule). Depending upon the particular facts and circumstances, the rule also has the potential to cause substantial economic damage.
Posted By : Rick Karcher

Sorry to Warren and our fellow Eagles, but it is s...

Message posted on : 2011-04-25 - 17:28:02

Sorry to Warren and our fellow Eagles, but it is simply unavoidable. My Mom's alma mater Northwestern was spared, however.
Posted By : Tim Epstein

It's interesting how Judge Nelson devoted so m...

Message posted on : 2011-04-25 - 23:30:40

It's interesting how Judge Nelson devoted so much of her opinion to a General Counsel Advice Memo. GC Memos are not binding on the NLRB and merely represent the GC's policy and opinion regarding the specific matter before him or her. I can't recall another federal court opinion which appears to rely so heavily on a GC advice memo.
Posted By : Tribe

And, I feel compelled to add, I'm a union guy....

Message posted on : 2011-04-26 - 11:55:43

And, I feel compelled to add, I'm a union guy....just trying to look at this things as objectively as I can.
Posted By : Tribe

As usual, you have presented a solid analysis (I r...

Message posted on : 2011-04-26 - 12:30:16

As usual, you have presented a solid analysis (I read the longer SI piece). I do think that the NBA is in a better position arguing in the Second Circuit instead of the Eighth Circuit. Judge Winter's strong preference for labor law over antitrust law is generally shared by his colleagues, and Judge Winter's prior decisions and law review scholarship are strong arguments. In fact, the Second Circuit is on record as not accepting the three-part Mackey test that Judge Nelson cites near the beginning of her opinion.
Posted By : Ed Edmonds

An additional point on irreparable harm - notice t...

Message posted on : 2011-04-26 - 12:40:23

An additional point on irreparable harm - notice that the antitrust plaintiffs (Brady, Brees, Jackson, Manning, Vrabel, etc.) are generally players who have already exceeded the 3-plus year career average length in the NFL. If some of the players currently in the NFL miss the 2011 season, they may never play another down in the league. My feeling on the point that you make at the end of number 4 is that the players have a pretty strong argument on harm not being amenable to a determination of monetary damages. So, I think the NFL loses on that point on appeal.
Posted By : Ed Edmonds

@ Tribe, I am assuming she relied on it because it...

Message posted on : 2011-04-26 - 13:29:52

@ Tribe, I am assuming she relied on it because it is the only thing directly on point. The GC memo and Judge Doty's opinion in McNeil are the only two cases that address the 'sham decertification' argument, and both took different approaches. The GC memo said the NFLPA complied with the 'good faith' standard that the league has said the union has failed to comply with, while Doty's opinion said (see fn.6) that the 'good faith' standard didn't apply. Thus, I would quibble somewhat with her ultimate statement ('Here, as in 1990, the good faith test is met') because Doty's opinion said the 'good faith' test didn't apply once the players indicated that they did not wish to be represented by any union (this seems right since all the cases cited were about disclaimers in a multiemployer bargaining unit where the union still existed after the disclaimer). In the end, rejecting the 'sham' decertification argument seems correct no matter which way you analyze the 'good faith' issue.
Posted By : Dave

@Dave, I don't disagree with you that Judge Ne...

Message posted on : 2011-04-26 - 20:25:43

@Dave, I don't disagree with you that Judge Nelson ruled correctly on the sham certification issue. But, I still think it's somewhat extraordinary for a federal court to lay so much reliance on a GC Advice memo. Admittedly, the fact pattern in the case which was the subject matter of the memo is certainly similar to the instant dispute, but in any event, the memo didn't create any new Board law in regard to the test used by the Board in measuring whether a disclaimer of interest is made in good faith or not. The Board has addressed that issue through case law many times.

I also agree that the Judge correctly refused to defer to the Board on that issue. It's hardly new law that federal courts can determine collateral labor law issues when a case is properly before it. I'm not sure how the 8th Circuit, regardless of how pro-management it might be, will be able to get around that one.

My best guess is the 8th Cir. may focus instead on the impact of the Norris-LaGuardia Act. We're in uncharted waters in regard to the relatively unique fact pattern in this case, namely, parties are in bargaining, union disclaims interest, employer locks out. In light of the rapid succession of events, perhaps the 8th Cir could be persuaded that the clubs have some limited right to lock out the players since the genesis of the dispute is in fact a labor one.

Posted By : Tribe

Why would the players need to sue in the second co...

Message posted on : 2011-04-27 - 16:45:24

Why would the players need to sue in the second court jurisdiction? Wouldn't they be able to forum shop and could pick anywhere that the NBA does business and file the lawsuit there?
Posted By : haasd

Are there rules the NFL could legally implement (i...

Message posted on : 2011-04-28 - 10:48:01

Are there rules the NFL could legally implement (i.e. that should survive antitrust scrutiny) that would nevertheless be intolerable to players and thus incentivize them to return to the negotiating table? And maybe restore some of the leverage the owners have lost from these court decisions?

I'm thinking of removing salary minimums (sign a long snapper for $40K), mandatory and repetitive drug testing (including for human growth hormone), required participation in off-season 40 hr/wk meetings and film study, etc.?

Posted By : Ryan Early

Keep in mind: There is not really a 'world r...

Message posted on : 2011-04-30 - 03:24:43

Keep in mind: There is not really a 'world record' time in the marathon, it is called a 'World Best' time. Reason: Marathon courses are all different--elevation changes, point-to-point vs. a loop (although if a best time had been set at the Barcelona or Athens Olympic marathons--both of which were point-to-point courses--would they have been accepted), etc..
This is not like, say, a 10,000-meter run on a track, since tracks are 400-meter laps and flat no matter what (only difference is whether the long/triple-jump runways are inside or outside the track, and the amount of area outside the track, among other stadium-design factors).

Posted By : Anonymous

If there is strong evidence of a coach and athleti...

Message posted on : 2011-04-30 - 11:14:05

If there is strong evidence of a coach and athletic director at the high school level interfering with my daughter being recuited by colleges coaches, can anything be done from a legal standpoint. My daughter established her place as one of the top high school basketball players in New York State. Her future as a collegiate athlete came to an abrupt end because of coaches sexual harrassment. The sexual harrassment can be proven!
Posted By : Anonymous

I think you are vastly underestimating the willing...

Message posted on : 2011-05-01 - 00:12:15

I think you are vastly underestimating the willingness of the majority judges to rule for the NFL. Given the complexity of the case, and despite the narrow areas they are expected to review regarding Judge Nelson's decision, they will be able to find firm enough legal ground to make any ruling they wish. The fact that they... 'want' to rule in favor of the NFL will lead to an eventual 2-1 decision in the NFL's favor. This isn't American Needle, that was a, forgive me, Hail Mary.
Posted By : Wheell

And unfortunately the bias happens all the way fro...

Message posted on : 2011-05-04 - 16:44:47

And unfortunately the bias happens all the way from high school officiating to pro sports, where it should NEVER happen.

http://packerbackers.net

Posted By : Anonymous

The Best Interest clause is nothing more than a ma...

Message posted on : 2011-05-09 - 11:50:57

The Best Interest clause is nothing more than a management rights clause, and hardly constitutes a waiver of any obligation to bargain over a new policy in connection with off-duty DUIs. Having said that, if Selig does unilaterally impose a work rule dealing with DUIs and the like, he'll likely be looking at an 8(a)(5) unfair labor practice from the Union before the ink dries on the implementations.
Posted By : Tribe

nice post :)

Message posted on : 2011-05-10 - 07:40:27

nice post :)
Posted By : Sports News Eye

It strikes me that all of this bluster and potenti...

Message posted on : 2011-05-10 - 08:30:29

It strikes me that all of this bluster and potential, or actually, litigation about the BCS is much ado about nothing in the sense of achieving what the protagonists truly want - a football playoff. No judge has the power to order the NCAA to create a playoff and if the membership of FBS wanted one, there would be one in place right now.

The most likely scenario should the BCS ever lose an antitrust action, which I think is highly unlikely, is for football to revert back to where it was before the BCS (actually, its forerunner the Bowl Alliance) was created, that is the free for all that was the bowl season in ancient times, with what are now BCS bowl entering into affiliate contracts with certain conferences. Indeed, several commissioners and school presidents have stated that is exactly what would happen - most recently JIm Delaney of the Big Ten. The other possibility is the BCS schools picking up their marbles and going home, i.e. withdrawing from the NCAA and forming their own association. That would remove the bowl games as an issue and would place the CBS/Turner basketball contract in jeopardy. Remember, the NCAA is a voluntary membership organization.

So, what do the non-AQ schools hope to accomplish? How do they propose to force a playoff?

Posted By : Mark

Mark, I agree that a court is unlikely to enter a...

Message posted on : 2011-05-10 - 15:47:53

Mark,

I agree that a court is unlikely to enter an order mandating the NCAA implement an FBS playoff. However, I disagree that returning to the old system is a viable alternative should an antitrust suit against the BCS succeed. The BCS conferences would simply be leaving too much money on the table by foregoing a playoff in order to permanently return to the old system (and that's before we even get into the backlash the BCS conferences would face from college football fans). Andy Staples from Sports Illustrated has a good column on this topic:

http://sportsillustrated.cnn.com/2011/writers/andy_staples/04/21/bcs-antitrust-suit/

Also, while I agree with you that the NCAA could implement its own playoff if the membership currently wanted one, the antitrust problem is that the NCAA bylaws currently prevent teams from playing in more than one post-season game. This blocks any outside entity from stepping in to respond to consumer demand by setting up its own playoff. There was a good commentary on this point on ESPN.com today:

http://sports.espn.go.com/espn/commentary/news/story?page=schwarz/110510

Finally, I agree with you that one risk the non-AQ schools face in pushing this issue is the BCS conferences electing to withdraw from the NCAA altogether. Ultimately, however, I don't believe this is a significant threat, given all the issues that would have to be overcome to make such a move feasible (dissolution of the basketball contract, as you note, being among the most glaring).

Posted By : Nathaniel Grow

The line is not clear, other than by some arbitrar...

Message posted on : 2011-05-12 - 11:48:48

The line is not clear, other than by some arbitrary and still-undefined line. The only possible line is on a cost-benefit analysis of health effects--steroids have been shown or are suspected of causing long-term health problems, while most surgeries have not. But if we step away from that paternalism, there is no difference.
Posted By : Howard Wasserman

I'm glad they ruled in favor of free speech - ...

Message posted on : 2011-05-15 - 02:27:51

I'm glad they ruled in favor of free speech - I think a lot of the 'rules' in public places like this are circumspect.
Posted By : Mike

A very nice post about ban of illegal use of medic...

Message posted on : 2011-05-16 - 00:57:18

A very nice post about ban of illegal use of medicine by sportsman. This types of posts are highly appreciated. Great effort by writer in research and writing.
Posted By : Cain David     

It seems like what was once a question of whether ...

Message posted on : 2011-05-17 - 11:02:08

It seems like what was once a question of whether the plaintiff is entitled to injunctive relief based on something the defendant is doing (a lockout) has taken a 180 degree turn and now asking a very different question of whether the defendant would be irreparably harmed by something that the plaintiff is doing (continuing to remain decertified). To put it differently, it seems 'back assward' to inquire whether the defendant would be irreparably harmed if the defendant is unable to continue inflicting irreparable harm on the plaintiff. If the defendant thinks it is being irreparably harmed by something the plaintiff is doing, then the defendant has every right to seek its own injunctive relief to stop the plaintiff if the defendant has an underlying claim for which the court has jurisdiction, but here the league doesn't have such a claim.

So here's a burning question for you. Why does the court of appeals say that the district court doesn't have jurisdiction to decide that the players are likely to succeed on the merits of an antitrust claim, yet for some reason the court of appeals believes it has jurisdiction to decide whether the league is likely to prevail on its unfair labor/sham decertification claim in front of the NLRB?--clearly a labor issue of which the courts do not have jurisdiction.

Posted By : Rick Karcher

Back in the mid-80s, Sports Illustrated ran a pict...

Message posted on : 2011-05-17 - 16:46:14

Back in the mid-80s, Sports Illustrated ran a picture of Len Elmore in the library at Harvard Law (where Elmore was a student). The pose looked very similar.
Posted By : Howard Wasserman

The dissent was the compelling view in the 5th Cir...

Message posted on : 2011-05-17 - 21:45:52

The dissent was the compelling view in the 5th Circuit. I agree that the majority view was overly technical and functionally impractical. Just a bad decision.
Posted By : Anonymous

Rick, thanks for the comments and insights. As ...

Message posted on : 2011-05-17 - 22:26:28

Rick, thanks for the comments and insights.

As I understand the 4-steps for obtaining a preliminary injunction in the Eighth Circuit, potential harm to the party that would be enjoined is an express factor. Judge Nelson, for whatever reason, did not expend any real analysis on that factor (in contrast to the analysis she expended on the other factors) - had she done so, I think she would have better protected her opinion on appellate review. I do agree with you that harm to the NFL should not be the decisive factor; it will be interesting to see how the Eighth Circuit handles it in its opinion next month.

In terms of the labor law issues, it's too bad the NLRB cannot act with greater haste, as it is the entity that should be resolving those issues. Both Judge Nelson and the Eighth Circuit panel clearly feel comfortable opinining on what the NLRB should do. I suppose they can say their comments are mere dictum, but they seem awfully influential.

Posted By : Michael McCann

Two Bush appointees vs one Clinton appointee. They...

Message posted on : 2011-05-18 - 07:53:14

Two Bush appointees vs one Clinton appointee. They ruled for owners. You didn't need a law degree to predict this.
Posted By : Tom

Of course NASCAR is a sport...how many 'fat&q...

Message posted on : 2011-05-19 - 09:39:58

Of course NASCAR is a sport...how many 'fat' drivers are there in NASCAR...NONE..its a sport period
Posted By : Anonymous

I have a hard time believing that the NBA would wa...

Message posted on : 2011-05-20 - 00:31:07

I have a hard time believing that the NBA would want to prop up a team has a hard time keeping quality talent. If Cleveland can't keep a hometown player like Lebron, good luck keeping any other 1st overall past the first contract.

The NBA would be risking disaster if it were ever discovered that it rigged lotteries.

Posted By : Jon M

Maybe this is why I quit watching the NBA. Contri...

Message posted on : 2011-05-21 - 15:30:27

Maybe this is why I quit watching the NBA. Contrived?
Posted By : Anonymous

Yea these days NBA is not worth watching...!!

Message posted on : 2011-05-23 - 05:44:49

Yea these days NBA is not worth watching...!!
Posted By : Kitchen design

'The big shock in the Black Sox Scandal was n...

Message posted on : 2011-05-23 - 07:50:58

'The big shock in the Black Sox Scandal was not that the players had thrown the Series, but that it was the first time anyone had been caught. There were suspicions and rumors of a fix as early as the 1903 Series.'

Baseball history doesn't begin in 1901, remarks such as this notwithstanding. You might look up the Louisville scandal of 1877. That wasn't the first example, but it is the first from the professional era.

Posted By : Richard Hershberger

Ok, so what is the difference between stem cells a...

Message posted on : 2011-05-23 - 15:59:26

Ok, so what is the difference between stem cells and transplant surgery?

Why is it ok to move a ligament to repair a damaged part, but not to use stem cells to repair the damage without surgery?

Posted By : Anonymous

This is the bad things about athletes. Sometimes s...

Message posted on : 2011-05-24 - 00:18:20

This is the bad things about athletes. Sometimes some players are desperate so they will use some prohibited drugs to help their body. But sometimes unfortunately they don't know the negative effects of it to their body. The Government must be more tight applying the laws against this.
Posted By : Arbitrage

this was amazing

Message posted on : 2011-05-27 - 11:32:28

this was amazing
Posted By : Jon

Thanks for sharing! I've been following the lo...

Message posted on : 2011-05-29 - 21:22:18

Thanks for sharing! I've been following the lockout since there were first rumblings and I think the legality of the whole thing is very interesting.
Posted By : Jack

The link to RSVP is http://www.zoomerang.com/Surve...

Message posted on : 2011-05-31 - 17:44:07

The link to RSVP is http://www.zoomerang.com/Survey/WEB22CAPXHEQRZ/
Posted By : Steven H. Silton

I agree with everything you say until the very end...

Message posted on : 2011-06-01 - 09:21:17

I agree with everything you say until the very end. Gee was not undermined. He became part of the problem with his arrogant humor at the press conference. The sad truth is that college presidents are afraid of coaches like Tressel. At the major NCAA schools, the presidents get paid much less than coaches in basketball and football as well. Bottom line: College presidents need to take charge of this culture of corruption. I think that the South Park episode pretty much had it right.
Posted By : Anonymous

I don't believe anything will change with the ...

Message posted on : 2011-06-01 - 11:59:40

I don't believe anything will change with the system so long as the NCAA continues to take the position that 'amateurism' means something other than a university compensating a player to play a sport for them (which is essentially the dictionary meaning). I honestly do not know how anyone, including the NCAA, can, from a practical standpoint, prevent somebody from selling something he/she owns legal title. Regulation that prohibits people from doing something that is otherwise considered perfectly acceptable and valued in society, whether public or private regulation, is extremely difficult, if not impossible, to enforce in any fair, reasonable and non-arbitrary fashion. See Oliver v. NCAA (striking down rule prohibiting a player from retaining a lawyer to negotiate a contract).

I think we have to look at this particular issue simply for what it is: a private association has determined that a non-member selling something he legally owns, or receiving a tattoo in exchange for something else, is contrary to its business plan and therefore improper. The only thing making it 'improper' is that a private entity says it is. There is nothing inherently wrong or improper about it.

Posted By : Rick Karcher

RK, The Oliver reference/analogy was PERFECT! As y...

Message posted on : 2011-06-01 - 14:03:13

RK, The Oliver reference/analogy was PERFECT! As you know, that case involved the state of Ohio as well.
Posted By : Anonymous

Anonymous: Fair point. I meant to say that what Ge...

Message posted on : 2011-06-01 - 14:41:52

Anonymous: Fair point. I meant to say that what Gee had worked (and presumably stood) for had been undermined. No question that he was complicit in it and I was not trying to excuse him.
Posted By : Howard Wasserman

But Rick, wouldn't there be a problem if the N...

Message posted on : 2011-06-01 - 15:10:53

But Rick, wouldn't there be a problem if the NCAA didn't have such a policy? What would amateur athletics look like if the athletes (would we even call them student-athletes anymore?) could sell or trade their keep for profit? It would basically be a minor league system.

They're student-athletes, they are given a scholarship to play on behalf of the school. If they feel the need to sell the things they happen upon in the course of their enrollment, perhaps they should look elsewhere for employment?

Posted By : Jeff

No worries, Howard. Very good post overall. This c...

Message posted on : 2011-06-01 - 15:11:48

No worries, Howard. Very good post overall. This cartel/criminal enterprise (whichever you prefer) is backed in a corner right now. Let's see what happens to Tennessee in the Bruce Pearl situation...
Posted By : Anonymous

'Aaron' Pryor?

Message posted on : 2011-06-02 - 07:36:45

'Aaron' Pryor?
Posted By : Anonymous

Thanks for all the links, MM! The professor's ...

Message posted on : 2011-06-02 - 12:58:04

Thanks for all the links, MM! The professor's proposal is RADICAL not modest. The Kowalski link is awesome.
Posted By : Anonymous

Currently an undergrad at Ohio State and hope to a...

Message posted on : 2011-06-05 - 23:01:13

Currently an undergrad at Ohio State and hope to attend law school someday. I also am friends with the guys in the scandal as well.

1. These players earned their memorabilia. It is their possession now. To be honest they can do whatever the heck they want with it. I don't think thats a big deal.

2. Tressel is the father figure of these student athletes and he would never want to rat out his own kids for selling their possessions.
`
3. I see the perks they get, they all have the chargers that they get from a dealership. Ohio State probably makes the deals with these dealerships so transportation is provided for its players.

There is one man to blame for this scandal, and it is Gene Smith.

Posted By : DannyDavid

OSU has not hit bottom yet; Gee and Smith will res...

Message posted on : 2011-06-06 - 10:34:19

OSU has not hit bottom yet; Gee and Smith will resign or be fired soon. But Tressel's initial response highlights a fundamental defect in NCAA process: the only reason JT stood up and said he 'didn't know who to report to' is that he knew that this kind of silly excuse has in the past been repeatedly bought by the NCAA. (The main reason JT's excuse was he was dumb enough to leave an entirely contradictory email trail.)
Solution to these bogus 'ignorance' claims by coaches, which the NCAA spends much time and money investigating and adjudicating: require centralized 'Coach Certification': a one-week initial course, with annual 1 day update, in order to be certified. Then, the NCAA's standard presumption is: you know the rules (by-laws). Simply, easy, clean solution -- which is why the NCAA won't do it. See my article at brewonsouthu.wordpress.com

Posted By : wm wilson

From an Ohio State Student's point of view and...

Message posted on : 2011-06-06 - 12:22:03

From an Ohio State Student's point of view and aspiring sports lawyer, this is what it comes down too.

We all know these athletes at Ohio State get housing, transportation, and food payed for which is apart of their scholarship. They all get the nicest cars (dodge chargers), nicest off campus housing (the quarry, which has gym, pool, etc.)

It is the perfect situation for the NCAA to finally take down ohio state. They are a money making scandal. How come they let the suspended 5 play in the Sugar Bowl? So they can make more money. They knew about these allegations way back. Anyone who lives in Columbus knows that football players get dodge chargers with tints and rims. I am sure the NCAA knew about it for a while. They finally had the evidence via email to take tressel down and the rest of this university. If you are going to blame a buckeye you blame Gene Smith. that is all.

Posted By : DannyDavid

I agree that a court is unlikely to enter an order...

Message posted on : 2011-06-13 - 03:55:02

I agree that a court is unlikely to enter an order mandating the NCAA implement an FBS playoff. However, I disagree that returning to the recent system may be a viable different ought to an antitrust suit against the BCS succeed. The BCS conferences would merely be leaving an excessive amount of cash on the table by foregoing a playoff so as to permanently come back to the recent system (and that is before we have a tendency to even get into the backlash the BCS conferences would face from faculty soccer fans). Andy Staples from Sports Illustrated encompasses a sensible column on this topic:
Posted By : Aekarat

Nice job Mike, I enjoyed the segment.

Message posted on : 2011-06-18 - 20:09:08

Nice job Mike, I enjoyed the segment.
Posted By : Nathaniel Grow

This is interesting - I'm not a huge basketbal...

Message posted on : 2011-06-19 - 13:03:58

This is interesting - I'm not a huge basketball fan, but I know the story. I never realized that this was where the coke/crack difference came from, though - I guess I'm just too young.
Posted By : Devon

I'm not too young--and I lived in Washington H...

Message posted on : 2011-06-20 - 09:28:36

I'm not too young--and I lived in Washington Heights during the height of the 'crack epidemic'--and I wouldn't have made that connection either.

Then again, unlike Simmons (or, apparently, Howard Wasserman), I don't count Bias's death as a turning point in sports. Sad, but not so sad as. say, Hank Gathers.

If we're working the counterfactual, and Len Bias turns into, say, Micheal Ray Richardson, Celtic fans no longer have an excuse for the team's mismanagement of the late 1980s and the 1990s. (Knick fans of that era never have an excuse, save to point to the business acumen displayed at Gulf & Western and note that an NBA team is not a monopoly.)

Even if Bias has the career Simmons expected, there is at least a 40% chance that he becomes more Hakeem than MJ--the player who doesn't have quite the supporting cast to dominate, who maybe touches glory once or twice but never becomes revered.

And that's ignoring that the effect Bias probably has on Kevin McHale's reputation and career. Or maybe that is part of the point--with the Bias of Simmons's imagination in 1986-1987, it's difficult to see McHale being an MVP contender, or becoming a perennial All-Star. (Well, this is Boston, where they cheered that Fred Lynn was voted the 1975 Rookie of the Year instead of Jim Rice, but that's not a discussion of the team on the field/court.)

Posted By : Ken Houghton

Great analysis but I don't think things are ev...

Message posted on : 2011-06-20 - 12:14:19

Great analysis but I don't think things are even quite as shrouded in mystery as implied. On the June 7th edition of the Dan Patrick radio show, Bill Hancock explicitly said that their 'arrangement' with the NCAA requires them to conform to NCAA regulations.

http://www.danpatrick.com/2011/06/07/bill-hancock-explains-bcs-stance-on-usc-fiesta-bowl-and-justice-department/

Posted By : Anonymous

Nice post and update. Question: how do you feel if...

Message posted on : 2011-06-21 - 07:58:23

Nice post and update. Question: how do you feel if Bradley paid the liquidated damages amount total to Kent State entirely? Does that make a mockery of liquidated damages clauses in this context as it serves no real deterrent for athletic departments which can afford it as merely a cost of doing business? Can you name one college that decided against hiring the coach they wanted because of a liquidated damages clause? Most subsequent employers (in the real world) will not pay liquidated damages to a former employer, but there is a trend for Division I athletic departments to pay even if it is a settlement. Maybe liquidated damages serve no real purpose anymore with regard to college coaches leaving and university counsel should be more creative.
Posted By : Anonymous

I agree that liquidated damages provisions in thes...

Message posted on : 2011-06-21 - 12:56:05

I agree that liquidated damages provisions in these coaching contracts provide little deterrence with regards to preventing the coach from leaving for another school, given that the damages are frequently paid by the university hiring the coach. Therefore, if a university is including a liquidated damages provision in hopes of deterring other schools from signing its coach, then the strategy is unlikely to succeed (unless perhaps the contract includes an exorbitantly large liquidated damages amount, which would itself raise potential unconscionability issues, assuming the coach would even agree to it in the first place).

However, that doesn't necessarily mean that the liquidated damages provision provides no benefit to a university. Rather, the payment of the liquidated damages provides the school with a source of revenue to use to help finance their subsequent search for a new coach, and in some cases may even allow a university to pay its next coach a higher salary, thus presumably enabling the school to land a better candidate than it otherwise would otherwise have been able to hire.

So I think it comes down to why the university is including the liquidated damages provision in the first place. In the case of Kent State, an athletics department official was quoted in a story regarding the Ford suit as saying that the school felt including a liquidated damages provision in Ford's contract was only fair, given that the university would have been on the hook for the entire length of the contract had it elected to prematurely fire Ford. So in Kent State's case, it appears that the provision was included more for symmetry purposes, and to provide revenue should the coach take another job, rather than to necessarily deter other schools from signing its coach. In that case, assuming Kent State ultimately collects its liquidated damages, the provision would appear to have served its purpose.

Posted By : Nathaniel Grow

I don't disagree with anything you have said, ...

Message posted on : 2011-06-21 - 13:18:54

I don't disagree with anything you have said, and certainly 'why' this clause was included in his contract is mere speculation unless you interview the drafter. These days, the role of many liquidated damages clauses in D-1 have evolved far away from the deterrent days of the DiNardo case. Maybe it is time to refine what 'damages' means in the phrase, 'liquidated damages.' If the primary purpose was to generate revenue, why don't we call it a 'liquidated revenue' clause? Let's just tell it like it is.
Posted By : Anonymous

Thats not good news for basketball fan and i reall...

Message posted on : 2011-06-21 - 15:58:39

Thats not good news for basketball fan and i really dont support university act.
Posted By : immigration lawyers

Liquidated damages clauses can certainly be a dete...

Message posted on : 2011-06-22 - 08:51:35

Liquidated damages clauses can certainly be a deterrent, especially when they reach upwards of $1M. However, each instance is case specific. You could be a BCS school, and if you just paid $3M in damages after firing a coach, throwing another million on to that just to simply hire a mid-major guy who's not a “can't miss prospect� could be too much to consider. From my dealings with the Missouri Valley Conference, I can say that I don't think Bradley, or any other MVC school for that matter, would have gone for a guy if they thought they would need to pay $1.2M just for him to step on campus.

I'm actually surprised to see a buyout like this at Kent State. I would never let a client sign something like that at that level. When it comes down to it, the Division I-A institution and the individual coach are nowhere close in terms of their financial presence. The Division I-A institution is a long-term business, whose duration is theoretically endless, and is supported by donations from thousands of boosters, tuition and fees from thousands of students and many times by funds from the state. The individual coach is just one person with no guarantee that his/her services will be wanted anywhere in five years. A 1:1 buyout ratio, though legally not prohibited, is patently unfair to the coaches. The two sides are not on equal footing.

In this case, though, Ford has no one to blame but himself (or his reps). A clause like that could have been easily negotiated down as it is so glaringly one-sided that no school would have demanded that it stay as is (if for nothing else than to preserve the good will between the sides that comes from a new hire).

Posted By : Myles Solomon

Can the bankrupt Dodgers now 'void' cert...

Message posted on : 2011-06-27 - 17:03:10

Can the bankrupt Dodgers now 'void' certain player contracts that they deem to be disadvantageous to the bankruptcy estate?
Posted By : Paul

Under Section 365 of the Bankruptcy Code, a Truste...

Message posted on : 2011-06-27 - 17:09:57

Under Section 365 of the Bankruptcy Code, a Trustee can void an executory contract. Can the Dodgers void the contract of Manny Ramirez, James Loney and other players with contracts they no longer wish to keep?
Posted By : Paul

While we're at it, can you explain why Jeff Lo...

Message posted on : 2011-06-28 - 09:37:19

While we're at it, can you explain why Jeff Loria gets to do whatever he wants with two teams (serially), while Frank McCourt cannot without resorting to 'Well, Bud said it was okay?'
Posted By : Ken Houghton

The 3 primary reasons NASCAR isn't considered ...

Message posted on : 2011-07-03 - 21:26:59

The 3 primary reasons NASCAR isn't considered a sport by most people. (Based on experience)

1) You drive a car and make left turns

2) The Drivers are not 'athletic'

3) Rednecks



My Rebuttal

1) You are driving a car. A car with a manual transmission and the ability to reach 200 mph. How many of you can even drive a manual, let alone handle a car that can reach that kind of power? Cars on the track often reach temps of 120 degrees inside of the vehicle. Could you handle that week and in and week out on a regular basis going 200 miles an hour for 4 hours? Yes, the vast majority of tracks are ovals. But bear in mind you share this oval with 42 other cars going as fast as you are and the only goal is to win (AKA a competetion). However, 2 tracks (Infineon and Watkins Glen) are road courses where they make RIGHT TURNS.

2. Athleticism - This argument can simply be judged only on looks because NASCAR drivers aren't judged by their 40 times, vertical leaps, bench press, etc., that our culture and media soak up and dish out. How can you judge how 'athletic' a guy is based on how he looks? If that's all you have than look at a guy like Carl Edwards (Driver of the 99). I'm aware that these guys can't sling a football like Peyton Manning or hit a baseball like Jose Bautista. But I seriously doubt that Peyton Manning could hop into a race car and do what Jeff Gordon, Jimmie Johnson, and Carl Edwards do every Sunday. This is because NASCAR is more about precision hand-eye cooridination and endurance than brute strength and speed that our culture glorifies.

After you get away from the drivers you have to look at the pit crew. The drivers get all the glory but at it's roots, NASCAR is a team sport. From a fitness standpoint nobody trains harder than these guys. http://sports.espn.go.com/rpm/nascar/columns/story?columnist=mcgee_ryan&id=6104548

3. Rednecks

It's stereotypical. 7 of the current full-time drivers are from California. (Most of any state) compared to say 2 from Georgia, 1 from Texas, none from Alabama or Mississippi. There are even 2 drivers from my home state of Washington


So before you begin to bash the Non Athletic Sport Centered Around Rednecks consider what I just said. By the numbers this is the largest spectator sport per event. These people come to watch drivers handling 2 ton machines with ice-cold nerves, working hand in hand with a fine-tuned pit crew. All the while they're trying to avoid 42 other cars going as fast as they are, in the blistering heat verging on the brink of serious injury and even death.

If that isn't a sport, I don't know what is.

Posted By : Anonymous

Now just change the game All Star back in a show, ...

Message posted on : 2011-07-14 - 01:14:53

Now just change the game All Star back in a show, and we're cool in my book.
Posted By : Pool Tables

Admittedly, I have little to no tax law knowledge;...

Message posted on : 2011-07-14 - 11:52:58

Admittedly, I have little to no tax law knowledge; however, couldn't there be an argument regarding the status of the ball as lost as opposed to abandoned or mislaid property? I would think that the fan could argue that the ball is 'lost property' and therefore he was just returning it to its rightful owner. The only problem would be what you mentioned - it was never Jeter's ball to begin with. Couldn't he return the ball to MLB or the Yankees (whoever was the true owner of the ball) and not be subject to tax consequences? In return the team could donate him property for 'doing the right thing.' I wonder if they could characterize it as a 'reward' type situation. 'Lost: 3000th hit ball, if found please contact the Yankees; Reward: $_____'. This is a tough argument, though, as I am sure that most foul and homerun balls would be characterized as 'abandoned' because it is apparent that the true owner had no intention of reclaiming it.
Posted By : Edwin

http://www.nytimes.com/2011/07/12/nyregion/fan-may...

Message posted on : 2011-07-14 - 18:37:50

http://www.nytimes.com/2011/07/12/nyregion/fan-may-owe-taxes-for-claiming-jeters-3000th-hit.html
Posted By : Anonymous

The government really blundered by attempting to i...

Message posted on : 2011-07-16 - 12:26:14

The government really blundered by attempting to introduce evidence that was excluded by the judge. A mistrial is egg all over the prosecutions face.
Posted By : Legal Advice

Message board argument on the issue from five year...

Message posted on : 2011-07-19 - 00:09:58

Message board argument on the issue from five years ago.
http://www.bigsoccer.com/forum/archive/index.php/t-417298.html
Second page covers other ideas.

After 120 minutes in a one off competition something has to be done. I liked the NASL solution better than penalty kicks but any solution has to be less than real soccer because of fatigue.

Posted By : Mark F

something about the statistical chances of a team ...

Message posted on : 2011-07-19 - 09:13:16

something about the statistical chances of a team conceding a late equalizer

http://www.soccerissue.com/2011/07/19/the-mental-knock-out/

Posted By : puskas

I have no problem with the game being decided by p...

Message posted on : 2011-07-19 - 09:33:31

I have no problem with the game being decided by penalty kicks after an extra 30 minutes of extra time having been played.

I do think that FIFA should explore putting another referee on the field. Although, from what I've heard, FIFA actually has thought about this and rejected it.

Posted By : Andy Eason

Actually, some of us have been opposed to the &quo...

Message posted on : 2011-07-19 - 14:13:19

Actually, some of us have been opposed to the 'penalty kick resolution' of tie games from the day it was enacted. And that obviously predates the victory by the US Women's team by penalty kicks in 1999.

Here is one suggestion. Play the 30 minute overtime as is the rule now.

If it is still a tie game, allow each team two more substitutions to account for fatigue during the next phase of the game and play sudden death until one team scores.

Posted By : The Sports Curmudgeon

Let me guess....is he a genius that thinks the fed...

Message posted on : 2011-07-20 - 01:32:43

Let me guess....is he a genius that thinks the federal government planned 911?
Posted By : bail bonds las vegas

The article mentions that a social media clause sh...

Message posted on : 2011-07-20 - 02:46:27

The article mentions that a social media clause should be included in all endorsement deals. What bargaining power do players have to make language of a social media clause any less vague than a morals clause is now?
Posted By : Andy Eason

Mike, have you seen the actual contract between Me...

Message posted on : 2011-07-20 - 09:57:03

Mike, have you seen the actual contract between Mendenhall and Champion? If so, can you please post either the contract, or the morals clause? I am curious about the exact wording.
Posted By : Marc Edelman

Is there anyway to view this documentary online? I...

Message posted on : 2011-07-21 - 22:37:38

Is there anyway to view this documentary online? I could only see a preview/teaser on teh HBO site.
Posted By : Anonymous

It's the natural reaction to tragedy everyone ...

Message posted on : 2011-07-21 - 22:53:13

It's the natural reaction to tragedy everyone seems to have. Something bad happens? We need a rule so that won't happen! Kind of like Haylee's Law, or the discussion of changing rules after Buster Posey got hurt. Especially true when a team loses a big game in a shootout after dominating play.

Personally I think the replay in soccer is underrated. No winner after extra time? Play another game in a few days. Only after that to you go to pens.

Posted By : Jon M

Oh boy. As a Pittsburgh native and casual Steelers...

Message posted on : 2011-07-22 - 20:03:02

Oh boy. As a Pittsburgh native and casual Steelers fan, I have to say this looks bad for Mendenhall and the city. I don't think you need to be a lawyer to realize the guy has no case. What's unfortunate is that the crux of Mendenhall's statement is that we should think twice about celebrating someone's death. I suppose it's all about the delivery.
Posted By : Book Editing

I think the Sports Curmudgeon's idea moves us ...

Message posted on : 2011-07-22 - 20:08:47

I think the Sports Curmudgeon's idea moves us in the right direction. Whether it will cause matches to drag on too long, well, it probably will, but it's hard to fathom that a lifetime of effort comes down to a handful of penalty kicks. Hits off the crossbar during regular time, fine. Errant shot, fine. But penalty kicks? Come on now.
Posted By : Book Editor

As Jon M. notes, this is another example of the tr...

Message posted on : 2011-07-24 - 16:43:51

As Jon M. notes, this is another example of the trend of making rules to respond to events (I wrote about the Posey situation when it). What was striking to me about this case(and this also responds to the Sports Curmudgeon's point), is that the cries in this case are coming from the mainstream media (Around the Horn and PTI both talked about it the day I wrote the original post), which generally don't care about soccer. I guess I would distinguish cries for change from those quarters, as opposed to those interests that a) follow soccer closely and b) have been talking about this for some time.
Posted By : Howard Wasserman

I didn't feel quite as bad as your daughter di...

Message posted on : 2011-07-24 - 17:56:05

I didn't feel quite as bad as your daughter did over the soccer loss, but I empathize with her pain. At her age, I was agonizing over my college basketball teams in much the same way.

Here's hoping that there are thousands of young kids out there who had their heart broken over the World Cup championship (no, really). If your heart isn't broken, you really didn't care; and if you do care, then may your passion elevate the game.

Posted By : Jules

Preposterous and absolutely ridiculous! I dont car...

Message posted on : 2011-08-02 - 01:30:14

Preposterous and absolutely ridiculous! I dont care how many minute details you can over examine, racing a car around a track is not a sport. I guess you could call the ass that flies down my road in his viper an athlete. I mean really? Because he's using hand eye coordination in a hot car makes him an athlete? That makes you about as much of an athlete as him. You use hand/eye coordination to play with yourself on a hot summers night. Is that a sport to? Get real. Find out what a true sport is at ISITASPORT.ORG!

yours truly,
Judge 'N Jury
ISITASPORT.ORG

Posted By : Judge 'N Jury

Talk about stretching to make a point... Let'...

Message posted on : 2011-08-02 - 13:07:47

Talk about stretching to make a point...

Let's look for a moment at the oppressed 'average player' who does not get $20 M a year in salary plus endorsements as the 'star players' do:

1. He is in the league for 4-5 years.

2. The average salary is $700K per year.

3. Odds are that he had the opportunity to get a free college education if he wanted one.

So this hypothetical player - 5 years out of college - is at most 27 years old and has earned approximately $3M by that time. And college did not cost him or his family a bundle nor did it saddle him with a six-figure student loan that has to be paid-off.


Is that a description of an 'oppressed class' of people?

Posted By : The Sports Curmudgeon

You would do better to read Alice in Wonderland.

Message posted on : 2011-08-07 - 15:32:50

You would do better to read Alice in Wonderland.
Posted By : Anonymous

Nathaniel, I don't disagree with you that the...

Message posted on : 2011-08-07 - 20:57:45

Nathaniel,

I don't disagree with you that the threat of legislation has brought change, but I think that's an odd argument to make.

You are essentially saying that an unjust system is good if the perpetrators will make concessions in order to protect it. I would say that the fact that they will make these concessions proves that they value the unfair system (in this case, the labor exemption) more than the things they are giving up. (Imagine segregationists, pre-Brown, improving schools for blacks to stave off the threat of integration.)

Clearly baseball owners put great value on it because they will go so far to protect it. (Of course, it's possible that the exemption isn't that important, as you say, and they're simply poor businessmen.)

I haven't read your whole article yet -- just the summary you've included. Maybe you answer this. Either way, you've given us something to think about.

Posted By : Jimmy Golen

Thanks for your thoughts, Jimmy. I'd say a co...

Message posted on : 2011-08-07 - 22:39:40

Thanks for your thoughts, Jimmy. I'd say a couple things in response. First, to be clear, I'm not arguing that the present system is ideal. Rather, my argument is that the common criticisms of the exemption found in the academic literature are unfounded, while also arguing that the existing literature has largely overlooked pro-competitive benefits that have flowed (albeit indirectly) from the exemption (in the form of providing Congress with leverage over the sport).

More to your point, though, I disagree that the baseball exemption is unjust. While MLB's antitrust status is certainly anamolous, I don't believe it harms the public interest. MLB's operations are substantially similar to those of the other major professional sports leagues, despite its antitrust immunity. As I argue in the article, I believe that any anticompetitive conduct by MLB is largely endemic to all professional sports leagues. Even in labor disputes, the Curt Flood Act of 1998 has essentially placed MLB on the same footing as the other leagues, as MLB players can now sue the league under antitrust law despite the exemption.

That having been said, there are two primary areas where MLB continues to derive some benefit from the exemption: (i) relocation and (ii) the minor leagues. However, I believe that the exemption actually benefits the public in both respects.

In the case of relocation, the exemption provides MLB with some leeway to reject a team's proposed move, without fear of the team suing the league under antitrust law in response (such as the Raiders' suit against the NFL in the 1980s). I argue that this arrangement actually benefits the public interest. Specifically, when MLB has blocked a proposed relocation (such as the Giants' proposed move to Tampa Bay in the early-90s), it has generally been pressured by Congress to provide the rejected suitor with an expansion franchise. I believe this is fairer than the manner in which relocation tends to be handled by the other leagues (who generally decline to protect the interests of long-time host cities by blocking the proposed relocation, and instead occassionally offer the departed municipality a replacement expansion franchise a few years later).

With respect to the minor leagues, while reasonable minds can certainly differ as to the effect that a repeal of the baseball exemption would have on the minor league system, the general scholarly consensus has been that the minors would change (perhaps significantly) if baseball's immunity were revoked. This is because MLB and the minors leagues have entered into a series of important agreements that would be subject to attack absent the antitrust exemption. As a result, I argue in the article that the revocation of the exemption would actually harm the public interest to the extent it would decrease the amount of minor league baseball offered to the public (with many of the smallest minor league communities likely to be hit the hardest).

So, in short, I agree with you that MLB owners are willing to make concessions to Congress because they value the exemption. But I believe they value the exemption predominately for reasons that actually benefit the public (insofar as the exemption protects the minors and gives MLB greater control over relocation). Add in the fact that Congress has used its leverage to extract other valuable benefits for the public from the league (benefits that would not be obtained via antitrust litigation), and I conclude that the exemption is ultimately net pro-competitive, even if the current approach is not an ideal regulatory scheme.

Posted By : Nathaniel Grow

Thanks as always for doing this!

Message posted on : 2011-08-09 - 16:15:17

Thanks as always for doing this!
Posted By : Anonymous

I agree with Anonymous!

Message posted on : 2011-08-09 - 21:46:15

I agree with Anonymous!
Posted By : Michael McCann

Aren't both of those consequences true (or at ...

Message posted on : 2011-08-13 - 08:17:36

Aren't both of those consequences true (or at least potentially true) for *any* rule or regulation on just about anything?
Posted By : Howard Wasserman

Nathaniel, You talk about the restrictions on tea...

Message posted on : 2011-08-15 - 18:20:23

Nathaniel,
You talk about the restrictions on teams moving to new cities, but you neglect to mention that baseball teams are never allowed to move to an existing city, because those territorial rights have previously been apportioned by the major leagues. I do not believe this would stand up to court scrutiny were it not for the exemption, and I do think this has a large anticompetitive effect. (I do not know why struggling teams in other leagues do not attempt this. It may be that, outside of Al Davis, owners are too afraid to anger their brethren.)
Imagine a baeball team in southern Connecticut, one in northern New Jersey and another in Manhattan. True, the Yankees would still be the Yankees, but this would go a long way toward leveling the revenue imbalance in baseball and force teams like the Yankees and Red Sox to compete honestly. (I also disagree with your contention that baseball's monopoly doesn't lead to incompetent management: the Yankees produced spectacularly incompetent management for decades _ and still succeeded _ because of their monopolistic hold on the largest market in the nation, the Mets notwithstanding, gave them double or triple the revenue to start with.)
In European soccer, where teams move up and down as necessary, fans get the best competition, and it is no coincidence that these are the most successful leagues in the world. (For contrast, look at the MLS and WNBA, which have not been able to fool fans into ignoring the lack of quality that the leagues' single-entity structure has produced.) Like you said, eliminating the antitrust exemption would not create this kind of structure. But that is a lukewarm endorsement for a system that is anticompetitive at its root. (I also question whether, by forcing baseball to expand in Tampa Bay a decade or more after teams first attempted to move there, the threat of Congressional action is really a sufficient remedy.)


Jimmy

Posted By : Jimmy Golen

Jimmy, I agree that absent the antitrust exemptio...

Message posted on : 2011-08-17 - 15:21:05

Jimmy,

I agree that absent the antitrust exemption, existing teams in smaller markets could theoretically more easily move into NYC. However, I believe that each of the other leagues maintains a similar policy in their constitutions prohibiting teams from moving into existing markets, despite their potential antitrust liability. And, as you acknowledge, aside from the exception of Al Davis, teams in the other leagues have not challenged this restraint. So I'm not sure it is realistic to expect small-market MLB owners to act differently.

Moreover, while I don't dispute the potential competitive balance benefits that would accompany moving a struggling small market MLB team to NYC, it is arguable whether such a move would really enhance overall consumer welfare, which after all is the goal of antitrust law. The reason I say this is that fans in NYC already have two potential MLB teams to follow, so such a move would provide a minimal increase in welfare to these fans, while at the same time decimating the fan base in the departed, small market city.

Lastly, I'd also note that several courts have provided significant limitations to the baseball exemption (as I discuss in much greater detail in an earlier paper available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1579150), so if an MLB team were really intent on moving to an existing MLB market, it is unclear just how much of an impediment the exemption actually provides as a practical matter. In other words, if a team really wanted to move to NYC, and was barred from doing so, it could file an antitrust suit in a district that has previously limited the scope of the exemption. By doing so, the team would mount a considerable threat to the exemption, giving it significant leverage against MLB for settlement purposes.

As for incompetent management practices, I still just don't see the impact of the antitrust exemption here. Lifting the exemption would do little to help increase the prevalence of competition from rival leagues (for the reasons I detail in my article), and wouldn't guarantee existing teams moving into existing markets to challenge incompetently run teams (for the reasons discussed above). Moreover, you can point to similar examples of incompetent management in the other major sports leagues (the Clippers and Lions being the two foremost examples in my mind), despite those leagues not being immune from antitrust law. So I really don't believe this as an antitrust exemption issue. Rather, incompetent management is just endemic to a system of monopoly sports leagues, which as we all know exist in the other sports despite the availability of antitrust remedies.

Posted By : Nathaniel Grow

'Both burst on the football scene, combining ...

Message posted on : 2011-08-19 - 23:28:47

'Both burst on the football scene, combining on-field success with a brashness that disturbed the NCAA establishment.'

Uh, there is one big difference in the 'brashness' quotients: SMU was, uh, overfinanced for a short period of time, and the brashness rose at least in part from having bought the best. (Think University of San Francisco basketball with better coaching and support.)

Miami is an example of what happens when that short period is allowed to grow and fester. The violations accumulate, and it either gets easier to say 'well, they've been doing this for a while' (the NCAA attitude) or someone stands up and says 'No, A and B and C and D are not independent' (Yahoo!).

Miami is the best argument that the NCAA has been too timid since the days of the Mustangs. After they get less of a penalty than USC did, it will be clear to everyone that Kurt Vonnegut was correct in Player Piano, except that they rollover the players more often.

Posted By : Ken Houghton

But the question remains why the NCAA comes down h...

Message posted on : 2011-08-20 - 10:38:51

But the question remains why the NCAA comes down harder on SMU (and is talking about it as to Miami) than it has on OSU, USC, UNC, Kentucky, etc. Was SMU doing anything different in kind for that short period in the '80s than anyone else was and had been doing? Was Miami?

My question was less about the death penalty and more about the nature of its selective use.

Posted By : Howard Wasserman

Oh, well, if we have to play by those rules... 1)...

Message posted on : 2011-08-20 - 23:42:12

Oh, well, if we have to play by those rules...

1) Anyone who talks about SMU starting everything has forgotten CUNY. Which is probably another argument for your basic theory, though I'm inclined to think of CUNY as closer to UM than SMU.

2) In general, working from your assumptions—basically, cheating is prevalent, everyone knows it, most do it—then it's really not a size question so much as a method issue.

Big schools can do things small schools cannot. So everyone expects things to be done in a Big School way: through long-established outside-donor relationships, local businesses who coincidentally hire star players for more than market wage in jobs that produce few tangible products, other local establishments that provide services or food and look the other way when the bill is due, etc. It's also a lot easier, especially as a matter of control, for the schools that 'own' an area (think Columbus, Athens, Knoxville, Norman, Lexington, Ann Arbor, the rich side of Los Angeles) than it is in places where other things happen (Dallas, Miami, NYC).

So between 'this is NOT how we do it' and the higher likelihood that local reportage won't toe the line, it's a lot easier to see why the schools that get caught do so. The don't do the right things, and/or they do them in places where they cannot control the message.

Short version: there are reasons the Big Schools are Big Schools. While long-term underperformance in Norman or Lincoln means staffing changes, a few bad years at a striving school means people getting unhappy about the relatively-new deal they've been supporting.

For a striving school, unless you can play on the level field, you're going to get caught--even in a city with the reputation of Miami. The result is a line that can be crossed with a lot of effort for a short period of time in the smaller sports (Butler, Gonzaga, the previously-referenced USF, Loyola Marymont), or where you can ride coattails and revenue sharing in the larger ones (Pitt basketball, TCU football) until you either crossover completely or fade back.

And the ones who choose not to fade back and try to stay up are the ones Most Likely To Be Caught, because they don't have the same 'infrastructure' as the Powers That Be.

It's not that you choose to investigate small schools; it's that you investigate schools that cannot maintain control of the message and, to a lesser extent, the revenue stream.

Posted By : Ken Houghton

It is pretty obvious that LeBatard is filtering th...

Message posted on : 2011-08-22 - 12:03:22

It is pretty obvious that LeBatard is filtering the information through a preconceived position, namely that his local team cannot really be guilty of violations. This reminds me of why jury consultants are used...to find the juror sympathetic to the position the consultant represents.
Posted By : Anonymous

You state that what we have been hearing are indee...

Message posted on : 2011-08-22 - 13:22:41

You state that what we have been hearing are indeed 'facts'. Facts however are proven truths. You can't dispute a fact. These 'facts' are also coming from a convicted felon in jail for a ponzi scheme, a master manipulator if you will. This is the same individual that told investors that he was making them money. Were those considered facts as well? At this point, nothing that Shapiro has said can be considered trustworthy. The NCAA is conducting their own investigation, one they have been conducting before anybody even knew Shapiro was in the picture. When the NCAA decides to release statements on the matter then those can be considered facts. Until then, everything else is speculation.
Posted By : Anonymous

I think I can point to LeBatard's column as an...

Message posted on : 2011-08-22 - 13:29:03

I think I can point to LeBatard's column as an example of what I was talking about with the 'ability to control' that a cheating school requires.

Credit where due, though: Linda Robertson in the same paper, the same day:

'In hindsight, the warning signs were as obvious as a bottle of Dom Perignon. But UM gladly accepted his checks while granting him the illusion of being part of the team. UM preyed on his fanaticism, as do all universities dependent on donors to pay for palatial weight rooms and multimillion-dollar coaches' salaries.'

Posted By : Ken Houghton

The assertions made by Dan LeBatard may not align ...

Message posted on : 2011-08-22 - 22:54:57

The assertions made by Dan LeBatard may not align perfectly with legal definitions, but with only minor changes, his assertions are exactly what an attorney defending the University of Miami will argue as part of the defense.

Presumably, the attorney hired by the university will have passed his law school courses...

Posted By : The sports Curmudgeon

Yes even someone who is not a lawyer should unders...

Message posted on : 2011-08-23 - 16:56:05

Yes even someone who is not a lawyer should understand that circumstantial evidence IS actual evidence. Many a folks in prison right now because of overwhelming circumstantial evidence.
Posted By : bail bonds las vegas

I think what a lot of people do not realize is tha...

Message posted on : 2011-08-24 - 09:41:31

I think what a lot of people do not realize is that the NCAA does not need to prove, per se, that Miami knew about what was going on (although, it's pretty difficult to think that nobody knew, considering what was reported in the Yahoo article).

Taking the totality of the circumstances, the NCAA could find that Miami SHOULD HAVE known, had they been using due diligence in investigating and keeping an eye out for improper benefits provided by boosters. This is how an institution gets slapped with the dreaded 'lack of institutional control.'

Ask yourself what's more likely - that Shapiro is lying about everything, or the 70+ guys he is accusing of providing with imporper benefits are lying when denying such benefits or remaining silent. Think about it; what's the first thing you would do nif osmeone was accusing you of such things? I'd be quite outspoken regarding my innocence and seeking a potential slander suit against him. I don't know of any players (former or current) who have taken that route, just like nobody went after Jose Canseco when he published his book of accusations. Gee, I wonder why.

Posted By : Mike

SMU was a football power of the '30's so I...

Message posted on : 2011-08-24 - 10:06:54

SMU was a football power of the '30's so I don't think it falls into the category of having burst on the scene.what made SMU stand out was the sheer audacity with which the slush fund operated and the length of time it went on.

Miami is another example of difference in length and scope if not in kind. OSU, USC and UK were, at least as disclosed so far, relatively contained scandals. Did they deserve the relative slap on the wrist they received(or in the case of OSU, will receive)?of course not, but the scope is small compared to Miami.


UNC is a different matter. It is the largest case of academic fraud and improper contact with agents that the NCAA has faced in years. The usual penalties are not enough. Bring back the ban on television appearances and the post-season. Punish the school where it hurts the most - in the pocketbook. Plus give Butch Davis a show cause order.

Still, the scope and breadth of the Miami scandal is greater than any I can recall in decades. Miami deserves serious consideration for the death penalty as a result. It's not singling Miami out as an upstart;if anything, it's singling them out as a serial major miscreants. Until the NCAA bri

Posted By : SportsBiz

You mentioned about fantasy scoring systems were p...

Message posted on : 2011-08-26 - 09:33:17

You mentioned about fantasy scoring systems were patentable. Daniel Okrent developed the Rotisserie style of scoring in 1980. How is it that ESPN and other fantasy league hosts can use that form of scoring?
Posted By : BMiller

Thanks for info. :)

Message posted on : 2011-09-01 - 15:31:55

Thanks for info. :)
Posted By : Claudiu

Wouldn't Twitter usage by student-athletes be ...

Message posted on : 2011-09-02 - 12:33:14

Wouldn't Twitter usage by student-athletes be something that could be included in the grant-in-aid scholarship as a condition of receiving the scholarship? I almost see it as akin to social media policies of an employer to his/her employees. If there is a chance that the use of social media would bring bad publicity to a company, it very much could be something they can restrict through the language in the scholarship.
Posted By : Philip Rossman-Reich

Garcetti covered an employee's free speech. I...

Message posted on : 2011-09-02 - 16:27:11

Garcetti covered an employee's free speech. If the NCAA's defense is that the athletes are employees, they open themselves up to financial challenge, namely: the right for employees to unionize and gain their share of the multi-billion dollar college sports industry.
Posted By : SkeptiSys

I'm actually unconvinced that a blanket ban on...

Message posted on : 2011-09-03 - 00:22:20

I'm actually unconvinced that a blanket ban on social media would pass muster- though I suppose the Court could find a way, whether it made sense or not.

But still, Morse seemed to turn heavily on the idea of promoting drug use, and a school's legitimate interest in fighting drug use. You can make the same argument for some tweets from a student athlete...but I'd wager most would have nothing to do with the school's interests in teaching and promoting student welfare, etc.

Likewise, I think Garcetti relied on the idea of the speech being a direct part of the employment as a public official. Again, even if we're generous with the term 'public official', I can't see how every tweet a student athlete puts out would meet that criteria.

And now, we're talking about the content of speech, which is absolutely ludicrous.

Posted By : Colby

'Umpire Joe West and his crew...'...

Message posted on : 2011-09-05 - 15:13:54

'Umpire Joe West and his crew...'

Well, s***, if Howard had told us that piece of information, no one with any knowledge of baseball at all would have expected anything other than a complete CF.

There's a reason I don't watch NL baseball or the WS any more—the sheer level of incompetence Mr. West has displayed over the years makes it clear that Bud Selig Likes It That Way.

If you want to watch something likely to be decided by inept officiating, there are more exciting sports—hockey, soccer, and women's gymnastics come to mind.

Posted By : Ken Houghton

'Coach Jim Calhoun...' I believe this i...

Message posted on : 2011-09-06 - 10:31:22

'Coach Jim Calhoun...'

I believe this is another one of those places where most people familiar with the enterprise do their best Claude Rains imitation.

If--well, when, since the NCAA regularly fellates any successful coach who isn't Bob Knight--the NCAA does nothing, will this blog stop pretending that there is a Rule of Law in college sports?

(I do admit that, on seeing the name 'Michael Bradley,' my first thought was, 'Well, since his father is no longer the coach, he's trying to find something he can do.' But that's a side issue, except for those who watched US defense in the second half of matches.)

Posted By : Ken Houghton

Howard - I've been looking at this issue since...

Message posted on : 2011-09-07 - 11:25:13

Howard - I've been looking at this issue since 2006 when consulting with some athletic departments on what to do with SA Facebook accounts due to some stalking, underage drinking, and hazing issues. See this Sports Law Blog entry (http://sports-law.blogspot.com/2006/04/nospace-is-myspace-inappropriate-for.html). If you have access to Holt Hackney's archives, check out: 'Athletic Departments Skirt Legal Lines in Dealing with FaceBook, Myspace,' Sports Litigation Alert, September 2006; and 'Athletic Directors Can Prevent Student Athletes from Embracing MySpace, FaceBook,' Legal Issues in Collegiate Athletics, July 2006.

Currently drafting a law review piece for Ole Miss (due this Fall) that will cover this issue, which will be up on my SSRN.

While public universities have more difficulty here than private, schools will (as long as equally applied across all sports and the SA's are informed of the ban/restriction from the outset in student-athlete agreements), schools will claim regulation is permissible to (1) protect SA safety, and (2) protect the image of the school. (1) obviously being a stronger argument.

I'll email you off-line on this as well, Howard.

Posted By : Tim Epstein

I do believe it was Phillies fans who interfered w...

Message posted on : 2011-09-07 - 12:05:16

I do believe it was Phillies fans who interfered with the ball (and subsequently celebrating their interference). So, that goes along with the reasoning as to why the rule applies to both teams.
Posted By : Andy Eason

Ken - the NCAA, as a private association, has its ...

Message posted on : 2011-09-07 - 12:30:13

Ken - the NCAA, as a private association, has its own administrative law procedures which, unfortunately, do not have to follow the constitutional notion of due process. I believe that Warren's commentary is asking for more stringent application of the NCAA's own rules to the Bradley situation. Some of us, myself included, try to bring the Rule of Law to the NCAA on a daily basis in our Sports Law practices.
Posted By : Tim Epstein

But how would you know? It was obvious here, given...

Message posted on : 2011-09-07 - 20:59:23

But how would you know? It was obvious here, given what he was wearing? But what if he was not wearing team regalia? Is this something the umpire can judge?
Posted By : Howard Wasserman

Would Baylor have any strong legal claims against ...

Message posted on : 2011-09-08 - 11:06:20

Would Baylor have any strong legal claims against Texas A&M and/or the SEC? Or is this simply a tactic to delay Texas A&M leaving the Big 12? Thanks for any insight, Professor McCann.
Posted By : Anonymous

I AM sports lover more post like will keep me upda...

Message posted on : 2011-09-08 - 11:08:46

I AM sports lover more post like will keep me updated in today current sports law. Thanks for the info.
Posted By : starfall

I really liked what you have shared and I complete...

Message posted on : 2011-09-09 - 06:50:36

I really liked what you have shared and I completely agree to all the feedbacks you have received...good job guys keep it going.
Posted By : Matt Trevor

And the 'Joe West isn't incompetent'...

Message posted on : 2011-09-10 - 11:59:54

And the 'Joe West isn't incompetent' conspiracy continues. (Or perhaps it's just 'Joe West is no more incompetent than Bud Selig'Inituitively-True-but-Semantically-Null Statements.)
Posted By : Ken Houghton

Tennis brackets are always drawn in segments - 1 a...

Message posted on : 2011-09-11 - 14:26:48

Tennis brackets are always drawn in segments - 1 and 2 are separate, but then 1 may play either 3 or 4 depending on random draw. (In this same way, 1-4 may play anyone seeded 5-8 in the quarterfinals based on the random draw, and so forth with the groups of seeds).
Posted By : Chris Migliaccio

They randomize the seeds within each 'tier&qu...

Message posted on : 2011-09-11 - 21:39:15

They randomize the seeds within each 'tier' so you do not run into the same match-ups in every tournament if the higher seeded player wins. For example, the 3rd and 4th seeds have equal chances of playing the 1st and 2nd seeds in the semifinals. Seeds 5 through 8 all have equal chances of playing seeds 1 through 4 in the quarterfinals.
Posted By : Anonymous

The problem with non NASCAR fans is they think all...

Message posted on : 2011-09-12 - 01:24:19

The problem with non NASCAR fans is they think all 23 tracks are like Daytona or Talladega. If that were true then NASCAR wouldn't be a sport because those are the tracks where the drivers do very little athletics. But what about Phoenix or New Hampshire where you don't have 31 degrees of banking? Or Atlanta where you are constantly fighting your car to stay straight. If you have come here to say NASCAR isn't a sport, assuming you aren't watching Daytona or Talladega or a newly repaved track like Kansas and Phoenix, the in-car view of the driver hands flying around to control the car may change your view of their athleticism.
Posted By : Anonymous

'But U.S. District Judge Freda Wolfson has ru...

Message posted on : 2011-09-12 - 14:53:05

'But U.S. District Judge Freda Wolfson has ruled that the likeness is permissible under the first amendment, and has dismissed the case.'

The past several years of California law regarding movie stars has just been denied in NJ. What will be the effect on the filming of L&O versions?

Posted By : Ken Houghton

stupid lawsuit anyway in my humble opinion. Stop ...

Message posted on : 2011-09-12 - 22:07:28

stupid lawsuit anyway in my humble opinion. Stop being a baby.
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That was a play where they were reviewing whether ...

Message posted on : 2011-09-13 - 16:31:00

That was a play where they were reviewing whether it was a homerun or not. They looked at the replay, and confirmed that it wasn't a homerun, but in fact fan interference. Therefore, they made the call and got it right. Why is everyone complaining about getting the call right? Oh right, it's because it was for the Marlins and aagainst the Phillies. If it's against the Marlins, NO ONE complains.
Posted By : Gabriel0430

The NBA always gives a great games to watch out fo...

Message posted on : 2011-09-16 - 03:49:10

The NBA always gives a great games to watch out for.
Posted By : Bike Locks

I miss NBA games I hope the lock out will resolve ...

Message posted on : 2011-09-17 - 21:24:32

I miss NBA games I hope the lock out will resolve soon.
Posted By : starfall

The past several years of California law regarding...

Message posted on : 2011-09-21 - 08:55:49

The past several years of California law regarding movie stars has just been denied in NJ. What will be the effect on the filming of L&O versions?
Posted By : India Sports

Please do keep up this great work. Yeah Hoping thi...

Message posted on : 2011-09-22 - 05:14:20

Please do keep up this great work. Yeah Hoping this lockout will end soon.
Posted By : Professional Athletes David

Here's a link for Yovel's article on the i...

Message posted on : 2011-09-29 - 10:52:03

Here's a link for Yovel's article on the interpretation of Basketball rules as a legal model:
http://works.bepress.com/jonathan_yovel/2/

Posted By : Anonymous

Very disappointing end of the great game.People ar...

Message posted on : 2011-09-30 - 06:27:34

Very disappointing end of the great game.People are very excited about it but rains wash out all excitement and thrill.
Posted By : lincoln square chicago real estate

Had the game been called - wouldn't Tampa Bay ...

Message posted on : 2011-10-01 - 13:51:50

Had the game been called - wouldn't Tampa Bay have had the right to protest it since it had playoff implications?
Posted By : Anonymous

It seems to me the material differences between a ...

Message posted on : 2011-10-05 - 12:12:08

It seems to me the material differences between a basketball referee altering the way he calls a game during at the end and a baseball umpire using his discretion to allow teams to complete a full 9 inning game when the game has serious implications, are obvious and important.

'Swallowing the whistle' in the last few seconds fundamentally changes the way the game is played and called viz-a-viz the rest of the contest and the accepted standard. It also 'extrajudicial' in that there is no rule allowing for that behavior by referees. They are unilaterally, and without notice to the teams, deviating from an agree-upon norm.

In addition, baseball is intended to be played for nine innings. The purpose behind allowing a game to be called after 30 minutes is a practical one,dealing with the realities of travel, vagaries of weather, etc. It makes sense that umpires would weigh factors such as the importance of the game, whether the rain is expected to let up, the team's travel schedules, etc. in deciding whether to exercise discretion to call a game or wait for better weather. In this respect, the 30 min rule is nothing like the rule that slapping a shooter on the wrist during his shot is a foul.

Finally, swallowing the whistle arguably does nothing to further the ostensible goal of 'letting the players decide the game.' Making sure a full nine innings are played whenever possible, however, does.

Posted By : Dave

Schools should help student athletes transition in...

Message posted on : 2011-10-05 - 14:02:33

Schools should help student athletes transition into professional athletes. They have more resources than the student to do this.
Posted By : Trophy

Could you refer me to the judgment please (number,...

Message posted on : 2011-10-05 - 15:35:48

Could you refer me to the judgment please (number, date)? thanks
Posted By : Roman

If I remember correctly, if this is the last time ...

Message posted on : 2011-10-05 - 17:35:03

If I remember correctly, if this is the last time the visiting team comes to town the umpires can wait as long as possible to get the game in; this is a common practice especially if the game has playoff implications as the Baltimore/Boston game did. As this is an AL city, the 1AM cufew rule wold apply (any inning started before 1AM local time can be played to completion), but as this is the last game of the regular season there would have been no way to reschedule. Declaring the game over would have also violated baseball rules since the home team (Baltimore) had NOT batted in the bottom of the inning, and Boston was ahead at the time.
Posted By : Anonymous

This is somewhat a result of Title IX practices: ...

Message posted on : 2011-10-05 - 17:43:49

This is somewhat a result of Title IX practices: To 'equalize' the number of women and men playing sports, Division I basketball allows 13 men's and 15 women's scholarships per team. Not saying this might not still happened if the men had 15 scholarships too, but the Title IX effect strikes again.
Posted By : Anonymous

Labor talks seem to end in a no-deal situation. Ju...

Message posted on : 2011-10-07 - 18:00:34

Labor talks seem to end in a no-deal situation. Just like the last time, another no-deal happened, and the league scratched all of the remaining pre-season games. If by Monday still nothing happened, first two weeks of the season will be cancelled.

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Message posted on : 2011-10-10 - 14:14:25

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Posted By : Anonymous

It also 'extrajudicial' in that there is n...

Message posted on : 2011-10-12 - 01:16:04

It also 'extrajudicial' in that there is no rule allowing for that behavior by referees. They are unilaterally, and without notice to the teams, deviating from an agree-upon norm.
Posted By : sports good

Calipari is still coaching somewhere? For which c...

Message posted on : 2011-10-12 - 17:46:24

Calipari is still coaching somewhere? For which criminal organization--er, university?
Posted By : Ken Houghton

Hi Mike, As you can tell from the newspaper artic...

Message posted on : 2011-10-15 - 11:15:15

Hi Mike,

As you can tell from the newspaper article, I was just as surprised as you were. I think they wanted to wash their hands of the whole thing.

Posted By : Mark Conrad

Is there such a concrete information for the barga...

Message posted on : 2011-10-22 - 06:02:47

Is there such a concrete information for the bargaining and settlement of lawyers in this case?
Posted By : cash for law suit new jersey

Brilliant idea! I like the idea of having such com...

Message posted on : 2011-10-22 - 06:11:31

Brilliant idea! I like the idea of having such comparison. Keep it up Mr. Zelinsky.
Posted By : cash for law suit new jersey

What's done is done. :)

Message posted on : 2011-10-22 - 10:05:22

What's done is done. :)
Posted By : Sport

'Rick Neuheisel, UCLA football coach (Univers...

Message posted on : 2011-10-24 - 14:35:06

'Rick Neuheisel, UCLA football coach (University of Southern California School of Law, J.D., 1988)'

So much for that theory, unless we want to declare that people go to Law School to learn how to break the law.

Posted By : Ken Houghton

Absolutely agree that having a law degree may defi...

Message posted on : 2011-10-24 - 15:30:34

Absolutely agree that having a law degree may definitely be an advantage as a sports coach especially as a baseball manager. As a manager, it is often a chess game and strong analytical perspective coupled with powerful critical thinking is a great formula for success. Both qualities one would presumably learn in law school
Posted By : Anonymous

Completely agree that having a law degree could de...

Message posted on : 2011-10-24 - 15:33:31

Completely agree that having a law degree could definitely be advantageous as a baseball manager. As a manager, it is a chess game and one needs to possess not only strong intuition, but also analytical perspective coupled with powerful critical thinking skills. All those qualities would presumably be learned in law school.

http://www.nmmlaw.com/

Posted By : Anonymous

You can add Tennessee Head Football coach Derek Do...

Message posted on : 2011-10-24 - 16:12:34

You can add Tennessee Head Football coach Derek Dooley and Savannah State Head Basketball Coach Horace Broadnax to that list.
Posted By : Anonymous

Sandy Alderson: GM New York mets (Harvard Law scho...

Message posted on : 2011-10-24 - 16:12:46

Sandy Alderson: GM New York mets (Harvard Law school)
Posted By : Anonymous

Bob Myers, Assistant GM of Golden State Warriors (...

Message posted on : 2011-10-24 - 16:14:10

Bob Myers, Assistant GM of Golden State Warriors (Loyola Law School)

Lon Babby, Phoenix Suns President of Basketball Operations (Yale Law School, J.D., 1976)

Posted By : Darren Heitner

Awesome, thanks all for these additions and commen...

Message posted on : 2011-10-24 - 17:43:49

Awesome, thanks all for these additions and comments.
Posted By : Michael McCann

David Morway, GM for the Indiana Pacers (San Diego...

Message posted on : 2011-10-24 - 20:01:00

David Morway, GM for the Indiana Pacers (San Diego School of Law, J.D., 1985)

Rich Cho, GM for the Charlotte Bobcats (Pepperdine University School of Law, J.D., 1997)

Peter Dinwiddie, Director of Basketball Administration for the Indiana Pacers (New England School of Law, J.D., 2004)

Posted By : Spencer Anderson

Dick Casse, Yale Law School President, Baltimore R...

Message posted on : 2011-10-24 - 20:43:11

Dick Casse, Yale Law School
President, Baltimore Ravens

Posted By : Avi Sommer

I wrote a paper on this in January of 2010 before ...

Message posted on : 2011-10-25 - 12:43:28

I wrote a paper on this in January of 2010 before the Arizona protests, and I ended up presenting it at a conference. The feedback I got considered this a valid area of study that needs an examination of policy. I'm working on that now, but it's interesting that there is legal precedent in this area but no attempt to regulate or DEregulate (in some cases) this type of expression. I looked at it from the First Amendment standpoint in terms of vagueness, overbreadth, and public or private forum rights.

All of that to say that I agree with you and it's good to see I'm not alone. If you're interested, I'll forward my policy proposal to you when I've finished it.

...or not. Whatever. Just nice to share the scholarship.

Posted By : Erin

Jimmy 'JJ' Polk, Dir of Player Contracts...

Message posted on : 2011-10-26 - 10:36:41

Jimmy 'JJ' Polk, Dir of Player Contracts and Basketball Admin for New Orleans Hornets, University of Illinois College of Law '04
Posted By : Anonymous

Although Cris Collinsworth (graduate of University...

Message posted on : 2011-10-26 - 17:30:09

Although Cris Collinsworth (graduate of University of Cincinnati School of Law) is not a coach, manager, or team executive, you could argue that his legal background benefits him in his analysis of prime time Sunday Night Football telecasts.
Posted By : Richard Mohr

This is a whose who of slimy coaches.

Message posted on : 2011-10-26 - 19:55:40

This is a whose who of slimy coaches.
Posted By : Anonymous

Im doing a paper on if nascar is a sport or not, a...

Message posted on : 2011-10-27 - 10:25:12

Im doing a paper on if nascar is a sport or not, and i agree with you. My dad and I are huge NASCAR fans, and it is deffinitely a sport. These guys (and girls) put all their time and effort into this, they are comittied and they train as hard as anyone else. and when a car is going they fast, they have to have the control and strength to control the car. If theres anyone out there who doesn't think NASCARs a sport, i want you to get into one of the cars and see how it feels.
Posted By : Anonymous

Three from Notre Dame to add to the list: Larry D...

Message posted on : 2011-10-27 - 13:21:15

Three from Notre Dame to add to the list: Larry Dolan, Owner, Cleveland Indians, Notre Dame Law School - 1956; Paul Dolan, Chairman/Chief Executive Officer, Cleveland Indians, Notre Dame Law School - 1983; and Tom Clements, QB Coach, Green Bay Packers, Notre Dame Law School - 1986
Posted By : Ed Edmonds

Mike Tannenbaum, General Manager of the New York J...

Message posted on : 2011-10-27 - 13:48:53

Mike Tannenbaum, General Manager of the New York Jets (Tulane Law School)
Posted By : Darsh

Mike Tannenbaum, General Manager of the New York J...

Message posted on : 2011-10-27 - 13:49:16

Mike Tannenbaum, General Manager of the New York Jets (Tulane Law School)
Posted By : Darsh

Hi there, thanks for the blog about this issue. Tw...

Message posted on : 2011-10-27 - 16:29:25

Hi there, thanks for the blog about this issue. Two things. First, a sports performance major wouldn't relieve students of basic core curriculum requirements. A major is just an emphasis. And a faculty senate would have to sign off on the content of the major, which would make it difficult to stuff it full of easy coursework. I believe a sports major could help drag athletics closer to the academic side, by giving everyone from coaches to students an incentive focus on the intellectual content of what they do. As for the pay-for-play issue, universities already pay athletes to the tune of hundreds of thousands of dollars.Paying them more is simply unfeasible -- and so what if a school makes bowl and TV money? That money actually goes to pay for athletic budgets, it doesn't go into any individual pocket. The bowl and TV money goes back to the student athletes, for the most part. We do a bad job of explaining to Division I A athletes that they are already paid handsomely in the six figure range, they probably receive half a million dollars in goods and services over four years. Most students walk away from college with a mountain of debt. Not athletes. In addition to their tuition, room, and board, they get state of the art professional training, top of the line medical care, free clothing and gear, free access to elite training and leisure facilities other students don't have access to, free travel, unlimited academic support, and and free tutoring if they want it. Finally, athletes in revenue producing sports (and some non, such as soccer or women's basketball) are provided with an unparalleled stage on which to audition for professional employment worth potentially millions. No other student enjoys such a thing.
Posted By : sally jenkins

Sally: Thank you for reading and for commenting o...

Message posted on : 2011-10-27 - 22:12:52

Sally:

Thank you for reading and for commenting on the post.

I am not necessarily disagreeing with your proposal, which I agree could bring athletics more into the intellectual life. But while it's true that a major is just an emphasis, that emphasis can be as rigorous (or not) as the university makes it. Not every theatre department is Yale's. And some faculty senates will be more effective at regulating this than others. So the potential remains that this will not halt some of the academic shennanighans we already see. This is not to reject the proposal, as much as to say the details must be carefully worked out.

Posted By : Howard Wasserman

I first saw this proposed on REAL SPORTS about 10 ...

Message posted on : 2011-10-28 - 20:07:55

I first saw this proposed on REAL SPORTS about 10 years ago .... they had a dance professor from Ohio State who wasn't sure what the difference was between a dancer studing dance and a football player studying football.

Given the proliferation of esoteric majors over the past 30 years, I don't see why this would not be a good idea. I suspect only a fraction of players would actually choose this as a major, and as Mr. Wasserman points out academic hanky-panky does not always depend on the student's major.

Posted By : Glenn

I owner if 'Ken Houghton' posts anything...

Message posted on : 2011-10-29 - 12:38:10

I owner if 'Ken Houghton' posts anything positive on this site, it is as if he complains about everything . . . .

Anyway: It looks like to me that the umpires simply used the part of Rule 9.0 which specifically allows umpires to rule on anything not specifically covered in these rules. If so, regardless of 'Ken Houghton' 's rant against Joe West, Mr. West may have done the right thing under baseball's rules. (Shocking, isn't it, 'Ken'?)

Posted By : Anonymous

This post title cracks me up. How fitting.

Message posted on : 2011-10-31 - 15:17:00

This post title cracks me up. How fitting.
Posted By : Olathe Ticket Lawyer

The recent storming of the field from Minnesota af...

Message posted on : 2011-10-31 - 20:45:08

The recent storming of the field from Minnesota after they beat Iowa last weekend gas brought this issue up at Big Ten schools as well. Some media are saying it's poor form by the Gophers to rush the field while others are saying it's an important rivalry win for a rebuilding program. There's been a good debate at TC Huddle. I found your article searching for more opinions on the issue.

Thought you might want to check it out. It's enjoyable if nothing else: http://www.tchuddle.com/2011/10/the-importance-of-the-iowa-win/

-Mike

Posted By : Anonymous

this is bad news The Eagles are 2 and 4. I am not ...

Message posted on : 2011-11-01 - 14:41:11

this is bad news The Eagles are 2 and 4. I am not Canadian. So where is the NBA?. i really like baseball.
Posted By : hockey

Isn't the impracticability of performance the ...

Message posted on : 2011-11-01 - 21:32:31

Isn't the impracticability of performance the better or at least more concrete argument in this lawsuit? I realize that impracticability is usually very hard prove in court but it seems like nobody could have predicted the conference realignment craze. Also, I realize this will probably never to make it to a courtroom, but if it did, would it be likely to be removed?
Posted By : Jeremy

Interesting article. The pending Astros sale, if a...

Message posted on : 2011-11-03 - 03:51:01

Interesting article. The pending Astros sale, if approved, will be in massive violation of MLB's debt rules. Selig might have won, but it seems like McCourt had a point about special treatment and selective enforcement of rules.
Posted By : Anonymous

Interesting Article!

Message posted on : 2011-11-04 - 06:00:32

Interesting Article!
Posted By : Stanley Rao

Nice job Mike, this was an interesting read. At t...

Message posted on : 2011-11-04 - 13:53:48

Nice job Mike, this was an interesting read. At the end of the day, though, I'm not sure I agree that decertification of the NBPA would significantly affect the chances that the NBA cancels its entire season. While I agree decertification could give the commissioner a purported basis for canceling the season, I don't think that the owners would elect to cancel the entire season simply because the players decertify. Instead, I believe that decision would (will?) be made on the basis of whether the owners believe they can reach an acceptable deal with the players in time to salvage a season.

I may be in the minority on this, but I don't think that the odds of reaching a deal are necessarily diminished if the players decertify. As the NFL negotiations this summer showed, the players can still reach a deal with ownership even while antitrust litigation is pending, despite the lack of a formal union. I agree that there is some risk that players will split into different factions, but at the end of the day a deal is only going to be reached if it is acceptable to a majority of players, regardless of their unionization status. Sure the existing union leadership might lose a bit of control over things, but I'm not sure that the players at-large would necessarily be worse off.

Along those lines, I'm working on a short paper arguing that in the case of an owner lockout there is little reason for players not to decertify. Right now the NBA players don't have any real leverage in their negotiations with ownership (especially if the NBA's alleged financial losses are accurate, in which case many owners may actually be better off forgoing a season). While the leverage provided by decertification may not be great, it would at least place some pressure upon ownership to reach an agreement, in order to avoid potential treble damages down the road. And it would also provide the possibility (however slim) that the court would issue an injunction to block the lockout. The Eighth Circuit's decision in Brady notwithstanding, I think there is a decent chance that the NBA players could persuade a court that injunctive relief in the case of a lockout is appropriate under the Norris-LaGuardia Act (as the NFL players noted, the 8th Circuit's decision in Brady was arguably at odds with at least 3 other circuits in that respect).

Meanwhile, it seems to me that the downsides of decertification are largely overstated. Most of the protections provided by the union (certification of player-agents, etc.) are of little use to players during a period of time in which they can't work. So aside from losing the potential unifying effect that the union may provide, I don't really see how decertification harms the players in a negotiation (like this one) where the owners appear to have dug in their heels. And I'm not sure that the value of that unifying effect outweighs the leverage players would gain over ownership by decertifying.

In any event, I'd greatly appreciate your (or anyone else's) reactions to my argument.

Posted By : Nathaniel Grow

nascar is not a sport, its a game. if i run a crab...

Message posted on : 2011-11-06 - 19:45:00

nascar is not a sport, its a game. if i run a crab fishing boat then im competing with other boats for crabs, my workers have to be in good physical condition to do what they do(crab fishing is extremely dangerous as well as physically demanding) and they have to be skilled. now that i've said that i'll ask this, is crab fishing a sport? boat=car, captain=driver, deck hands=pit crew, other racers=other fishing crews. do you get where im going with this? just because nascar is competitive, physically demanding, and involves skill doesn't make it a sport. if your argument is that 'it's not just those three things, it's those three things plus speed! that's what makes it a sport!' then let me ask what the speed cut off? what speed do you have to be going at to make it a sport?
Posted By : kazoojz

This in an intriguing possibility and like Ms. Jen...

Message posted on : 2011-11-07 - 13:00:13

This in an intriguing possibility and like Ms. Jenkins said, the devil would be in the details of constructing the major. I have a few ideas on things that would be included, things like sports psychology, kneithesiology, anatomy, on the science side, sociology, history of sport, etc and of course writing, so I think a sufficiently rigorous course of study could be laid out and would limit the number of credits available for simply making or being on the team. Of course, the major would have to be available to non-athletes as well, but again details.

Another interesting point where the analogy might break down is on the performance side of things. Right now, NCAA rules prohibit a student athlete from being compensated for his peformance, with the idea that his/her education is the compensation. Similarly, an athlete cannot have been paid professionally for participating in the sport in which they compete for the college. (I have heard stories of at least one former professional soccer player having a scholarship at a Div. 1 school as a place kicker for the football team).

However, there are no such restrictions on theater, dance, music or other performing arts students. All these students are free to taking paying jobs in their field without consequence to their eligibility to be in school even on a scholarship.

Related, Prof. Wasserman, have you ever heard of a case in which a student athlete in one sport--say football, was an active professional in another sport--say baseball in the minor leagues? Not a former professional as noted above, but an active professional player?

Posted By : Matt Johnston

Nice coverage! I think the powerful influence of f...

Message posted on : 2011-11-07 - 16:00:09

Nice coverage! I think the powerful influence of football is somewhat covering up the day-to-day of this lockout.

Should it prolong, especially to Christmas, the effects will be much more felt.

Posted By : pat bpl

Matt: I don't know of anyone playing one spor...

Message posted on : 2011-11-08 - 13:03:46

Matt:

I don't know of anyone playing one sport professionally while having eligibility in another. I know of several examples of someone playing one sport professionally, then coming back to play another in college. Chris Weinke played minor league baseball, then went back to Florida State to play football (and was a senior at, like, 24 or 25).

The performance side is part of Jenkins' article. Dance/Theatre/Music majors can both study their craft and get paid for it. So, she argues, why not athletes.

But note that the limit on paying athletes is not only limited to for their sport. Darnell Autry was the All-America running back for Northwestern's Rose Bowl team in 1995. Autry was a threatre major. The following summer, he was offered a chance to appear in a film, for which he would be paid. It created all sorts of NCAA craziness (in the end, the NCAA allowed him to do it). But this may be an example of the NCAA preventing athletes from really completing *any* major.

Posted By : Howard Wasserman

Chalk up another situation in which 'Racism&q...

Message posted on : 2011-11-08 - 16:08:23

Chalk up another situation in which 'Racism' is linked to heighten the appeal of the story. News outlets across the country headlined this story with...

'Tiger's ex-caddie uses racial epithet at banquet'

'Tiger Woods' Ex-Caddie Apologizes for Racial Slur'

'Ex-Caddy Steve Williams Under Fire for Racial Slur Against Tiger'


I click the story expecting a quote about Woods' Asian or Afrian-American ethnicity. I got neither. I received information that he's a not so well-liked person of dark-color. How about the reporters question this infatuation Steve Williams apparently continues to have for Tiger? Or is inability to focus on his new partner or his job for that matter?

I'm beginning to think even the writers of their own stories are numb to the content of their articles and would rather focus on controversial topics in the attempt for more clicks and views. I don't know if Williams is a racist but I do know I still have no idea why Williams continues to talk about Tiger because nobody wants to write about that.

Posted By : Gary

I think you can say 'shove it up his black as...

Message posted on : 2011-11-08 - 22:39:21

I think you can say 'shove it up his black asshole' and, by implication, it is assumed you meant it in a racist way.

I think there is a stigma (right or wrong) about describing a black person by the color of their skin.

I can picture circumstances of Williams saying that in a racist and a non-racist way.

Both viewpoints are just as valid IMO.

Also, how would calling your ex boss who fired you an 'asshole' to a group of buddies make you think less of Williams?

I think that is completely normal behavior.

Posted By : Anonymous

The problem is the use of the modifier 'black...

Message posted on : 2011-11-09 - 06:37:17

The problem is the use of the modifier 'black.'

This story might help us white folks figure out what the problem is. After the Fuzzy Zoeller remarks after the Master's in 1997, I asked a black friend what he thought. He thought the comment about collard greens was actually pretty funny, but what bothered him was what Zoeller said walking away: 'Or whatever they eat.' Sure, Tiger is a great golfer and all, but he is still one of 'them.' And I think you can make the same analogy to Williams' comments ..... not only is Tiger an ass, he is a black ass, and that's what got people up in arms.

Posted By : Glenn

Describing a black man as black isn't an insul...

Message posted on : 2011-11-09 - 11:26:33

Describing a black man as black isn't an insult to him; as you point out, it's a factual description.

But it does say something about the person who says it, who latches on to race -- or some other 'otherness,' as you describe -- when he's looking to say something hurtful. Clearly, Williams means it as an insult, and that's why it's racist in intent.

If someone spat 'Jew' at me, I wouldn't be insulted. But I would conclude that the person is anti-Semitic. He could have called me short, or slow, or gray-haired, but he chose that because he thought it would be hurtful.

Posted By : Jimmy Golen

Describing a black man as black isn't an insul...

Message posted on : 2011-11-09 - 11:26:40

Describing a black man as black isn't an insult to him; as you point out, it's a factual description.

But it does say something about the person who says it, who latches on to race -- or some other 'otherness,' as you describe -- when he's looking to say something hurtful. Clearly, Williams means it as an insult, and that's why it's racist in intent.

If someone spat 'Jew' at me, I wouldn't be insulted. But I would conclude that the person is anti-Semitic. He could have called me short, or slow, or gray-haired, but he chose that because he thought it would be hurtful.

Posted By : Jimmy Golen

Michael, thank you for your post. Regarding your a...

Message posted on : 2011-11-10 - 03:28:03

Michael, thank you for your post. Regarding your article the ambiguity seems to be around the transmission of information between the witness to the shower assault in 2002, Mike McQueary and Coach Paterno.
Mike McQueary's testimony is termed 'extremely credible' in the Grand Jury report (page 8, last paragraph.) Since 2002, Mike McQueary appears to have kept quite and received the professional benefits of promotion within the organization he protected. As a lay person, I find his personal failures henious and his retention disturbing. McQueary is curently listed as a Recruitng Coordinator at PSU.
Tragically, he chose not intervene in the assault he witnessed. Prior to talking with Coach Paterno about the incident he consulted with his father, ( a practicing Physician Assistant-at the time serving as an Administrative Director of a medical practice in State College, Pa.) It seems both Mike and his father each had professional obligations to report the crime. Mike's obligations may be legally limited to reporting to Coach Paterno. Seemingly, an argument seems to exist that his father may have some culpability even under the older Pennsylvania statues?

Posted By : Anonymous

Michael, thank you for the post. Regarding your ar...

Message posted on : 2011-11-10 - 08:39:00

Michael, thank you for the post. Regarding your article, it seems the ambiguity resides on the transference of information between Mike McQueary and Coach Paterno.

The Grand Jury report terms then (2002) Graduate Assistant, Mike McQueary's eyewitness testimony ( rape of victim #2)as 'extremely credible'( last paragraph page 8.) Yet, he chose not to intervene in the assault, nor call the police. Instead he immediately called his father a respected medical practitioner and Administrative Direcor in State College, PA
http://pa.mc.duke.edu/Hall-of-Fame/Inductees/John-McQueary/
It seems Mike McQueary's legal responsibility has been assumed to have been transferred to Coach Paterno following their conversation. I consider his behavior cowardly and the fact that he kept quite and then received promotions within the organization is reprehensible. However, my question concerns his conversation with his father. Even under the former Pennsylvania Statutes it seems his father may have had some reporting responsibilities pertaining to his failure to notify?

Posted By : Anonymous

This is so disturbing. It's just sickening. A...

Message posted on : 2011-11-11 - 00:25:16

This is so disturbing. It's just sickening.

And the response of the Penn State students to the firing is pretty pathetic as well. It shows how distorted our values have become.

When I was in college we protested about civil rights and the war in Vietnam, not the firing of a football coach, whom any impartial person would agree should have been fired.

I'm afraid this just feeds into the stereotype that our public universities are full of kids who maybe spend more time drinking and partying than using their brains. I hope some of the more enlightened students at Penn State will stage a counter protest.

In the meantime, McQueary and Curley need to go, ASAP.

Posted By : Will

First of all thanks Micheal to post such as a info...

Message posted on : 2011-11-11 - 04:42:42

First of all thanks Micheal to post such as a informative post. Keep it up.
uswebauthority

Posted By : raju ahamad

A possible answer to your last question: One cons...

Message posted on : 2011-11-13 - 10:28:37

A possible answer to your last question:

One conspiracy theory making the rounds on talk radio and the Internet is that Penn State, counter to the image it has traded upon and guarded so jealously over the years, was already in up to its waist or deeper in any manner of scandalous activity, with or without child sex abuse ever entering the discussion.

To the degree that the above is true, Sandusky, having already been in the program for 20+ years prior to his first known incident in 1998, had to have known about it. It's therefore reasonable to conclude that he used what he knew to effectively blackmail Paterno, Curley and other PSU officials into silence about Sandusky's own activities.

In essence, Penn State and Second Mile (Sandusky's org) were two glass houses, each with a considerable arsenal of stones with the other's name on it - but neither side could launch theirs without inviting retaliation in kind. So, a Cold War-like MAD mentality ensued, followed by a twisted sort of detente.

Posted By : Joshua

Crab guy, my view is that if you are in a compitio...

Message posted on : 2011-11-13 - 20:14:11

Crab guy, my view is that if you are in a compition where you need prior physical conditioning to be competitive, it's a sport. Crab fishing COMPETITIVELY, it's a sport, if not it's a physically demanding hobby. NASCAR is definitively a physically demanding thing, if you disagree, you obviously just need to be shoved into the car to experience what they go through. They also compete in their physically demanding environment, therefore it's a sport. It's not like a game like chess or Monopoly they are actually in a physical battle against their car and others on the track.
Posted By : Anonymous

It's therefore reasonable to conclude that he ...

Message posted on : 2011-11-13 - 23:40:27

It's therefore reasonable to conclude that he used what he knew to effectively blackmail Paterno, Curley and other PSU officials into silence about Sandusky's own activities.
Posted By : what to do in florida 

I hope in the next day or two we can get some thou...

Message posted on : 2011-11-14 - 22:38:12

I hope in the next day or two we can get some thoughts on the only question that really matters: What kind of shot do the players have at winning? Boies says no claim for injunction. And let's assume they get passed non-statutory exemption (which seems likely). So little precedent! I guess the big question is what aspects of the proposed CBA do the players go after? Do they pick from the most recent offer?

Based on my extensive anti-trust experience, which amounts to a few hours of research, I've yet to discover why Stern is acting like this suit would be dead in the water. Uphill battle, sure. But at the same time, it seems like a triable case.

Posted By : Anonymous

Once again almost all of the media is reporting pr...

Message posted on : 2011-11-15 - 12:20:32

Once again almost all of the media is reporting professional athletes have decertified as a Union and Michael McCann has to correct the world and correctly state they have disclaimed interest. Am I Bill Murray in Groundhog's Day?
Posted By : Gary

I heard you say on NBA TV last night that if the N...

Message posted on : 2011-11-15 - 14:56:39

I heard you say on NBA TV last night that if the NBA tried to employ other players (scabs) they could run afoul of anti-trust laws with things like a salary cap or a draft. So what about this...?

Suppose the NBA opens its doors to anyone who wants to play and establishs a league-wide salary scale. Players can choose what team to play for but the money will be the same.

Maybe every player gets the same pay...

Maybe centers get one salary and point guards get a different salary but every player at a position gets the same salary...

Maybe after the first year, second year players get a fixed percentage more than first-year players...

Would that kind of structure cause problems from an anti-trust standpoint?

Thanks in advance...

Posted By : The Sports Curmudgeon

My hypothesis: Boies thinks that the best way to g...

Message posted on : 2011-11-16 - 13:34:53

My hypothesis: Boies thinks that the best way to get leverage in time to save the season is summary judgment. And a fight over a preliminary injunction would push the timetable for resolving the motion for summary judgment past the last date for saving the season.
Posted By : A.S.

Thanks A.S., that's an interesting thought. P...

Message posted on : 2011-11-16 - 14:08:04

Thanks A.S., that's an interesting thought. Personally, I'd worry that an expedited summary judgment decision is unlikely, given the typical briefing schedule and possibility of relevant factual disputes between the parties, but that may be what Boies and Co. are thinking.
Posted By : Nathaniel Grow

Its unlikely that summary judgement would provide ...

Message posted on : 2011-11-16 - 16:03:13

Its unlikely that summary judgement would provide immediate leverage to save the 2012 season. Summary judgment involves both discovery and rulings regarding venue, considering that the NBA has filed suit in the SDNY and the players recently filed suit in the N.D. Cal and D. Minn. Also, its unlikely that a massive antitrust suit such as this one would resolve itself on summary judgement rather than going to trial on the merits or settling before. Either way, the injunction argument for the NBA players looks worst than the NFL players. Unlike the NFL players, there is a vast and lucrative foreign market for NBA players. In addition, the NBA is claiming real operating loses and structural harm. Further, the merits of the NBA players antitrust is murky at best. Sigh, I suppose my point here is that the NBA players should have decertified or disclaimed far before this point or pressed for ruling from the NLRB to gain immediate leverage.
Posted By : E.P.

Nathaniel, what are your thoughts on the jurisdict...

Message posted on : 2011-11-16 - 17:03:09

Nathaniel, what are your thoughts on the jurisdictional battle that will ensue? How probable is it that the case will remain in California (or Minnesota), and not New York?
Posted By : RJ

D. Minn. complaint is available on PACER at 11-cv-...

Message posted on : 2011-11-16 - 18:06:32

D. Minn. complaint is available on PACER at 11-cv-3352. ND Cal at 11-cv-5525. I have both if you want them.

There is zero chance that either court does anything to impact this season. Goodness, the CMC in the Melo case was set for February. And summary judgment? First, they will have to brief motions to dismiss.

EP,

First, calling the foreign market 'vast and lucrative' is quite a stretch. Only 15 players in Europe make more than $2mil per year, and there are only 5 teams paying that money. When you also consider that most leagues limit the number of US-born players on a given team, it means that there is actually very little money to go around. JR Smith is reportedly making $3mil per in China, so there may be more money to be had there, but fewer teams.

Second, having other options is by no means dispositive in an antitrust suit. For example, all but two of the automakers can't collude because you still have other options. It will also depend on how the court defines the relevant market. I think the players will have solid arguments against the lockout, i.e., group boycott, but I haven't studied it. There are also their breach of contract claims. I understand the NBA's argument that all contracts are now void, but the high level description didn't strike me as particularly persuasive.

Third, and just as a point of clarification, the NBA always refers to its net income losses, not its operating losses. That's not to say some teams aren't also operating at a loss, or that the difference will matter, but I'm betting that more than half the losses are interest payments.

Posted By : Anonymous

E.P., I agree that the availability of potential e...

Message posted on : 2011-11-17 - 08:47:55

E.P., I agree that the availability of potential employment overseas for basketball players distinguishes the NBA players' case from that of the NFL. However, given the relatively few jobs available overseas, as well as the fact that they would require players to move to a new continent, I'm not sure that that factor alone would be enough to defeat a motion for preliminary injunction. Even if it were, though, I still don't see why you wouldn't at least ask for the injunction. Again, the worst case scenario is that the court simply denies the motion, in which case the status quo is maintained and the lockout continues.

RJ, I haven't studied the jurisdictional issues in some time, but my general recollection is that courts will usually defer to the first filed forum, unless that site would be highly inconvenient for the parties, or perhaps if it is clearly motivated by forum shopping. Given that both the NBA and former NBPA are headquartered in New York City, I'd think that the odds favor the S.D.N.Y. being the ultimate forum for the case. As I noted, however, this is far from a fully informed prediction.

Posted By : Nathaniel Grow

My guess is that Boies was concerned about losing ...

Message posted on : 2011-11-17 - 09:37:12

My guess is that Boies was concerned about losing the prelim. injunction motion, thereby quickly ending this tactic (filing the antitrust suits). He said in the press that filing the motion would 'take a long time' (which I frankly didn't understand) and that winning the motion would be 'difficult' (which I think signalled his action). Everyone knows this will never get to trial--it may be over if the SDNY holds onto the proceeding. While I understand why the players followed the Kessler playbook, I don't think it will result in much movement by the owners, though it may ultimately kill the season.
Posted By : JTC

I think you're underestimating the availabilit...

Message posted on : 2011-11-17 - 11:18:46

I think you're underestimating the availability of overseas positions. 70 or so players have already left, gaining generous contacts. And those were arguably B or C list players. With labor discussions breaking down, the flood gates are going to open. In addition, you only have to look to the 2011 NBA draft to see the vibrancy of overseas play and the practicality of jumping on a plane and making a buck. But, I think this bleeds into another big question, which is defining the relevant market. Ironically, the combined efforts of the NBA push and the players, through corporate marketing, to make basketball an international commodity harms the players' argument. We're dealing with a much more geographically diverse labor force and relevant market then in the 80s, 90s, or even early 2000s.

Overall, I agree with you in seeking the injunction. To end this sooner rather than later, the parties need some sort of determination on the merits much like in the NFL case. It just seems impractical to wait around and wangle over the pleadings and pre-trial motions while games are lost, at least to me as a disappointed fan. I don't see the NBA running to negotiate if this is per-the-course litigation. Sad.

Posted By : E.P.

To the anonymous poster who spoke about the net in...

Message posted on : 2011-11-17 - 18:11:22

To the anonymous poster who spoke about the net income/operating income losses: you are dead on right. Around half of the owners' losses derived from interest payments.

My question to you is, how does that affect your opinion on this lockout and the players'/owners' positions in the negotiations.

Posted By : RJ

Does the existence of an international market matt...

Message posted on : 2011-11-17 - 19:03:54

Does the existence of an international market matter for US antitrust law purposes? Is there any precedent for such a theory?
Posted By : RJ

I think McNeil is '1992' not '1991....

Message posted on : 2011-11-18 - 10:55:08

I think McNeil is '1992' not '1991.' Could be wrong. I'd double check: McNeil v. Nat'l Football League, 790 F. Supp. 871 (D. Minn. 1991)...
Posted By : Anonymous

Is 'group boycott' synonymous with &quot...

Message posted on : 2011-11-18 - 14:47:54

Is 'group boycott' synonymous with 'lockout'? Or would the judge have to decide on this?
Posted By : Anonymous

You missed By law 19, which is the strongest base ...

Message posted on : 2011-11-18 - 20:52:05

You missed By law 19, which is the strongest base for NCAA action; see posting at brewonsouthu.wordpress.com
Posted By : Wm Wilson

How can you seek an injunction on lockout/strike t...

Message posted on : 2011-11-19 - 01:08:30

How can you seek an injunction on lockout/strike that is permissible under labor law?
Posted By : Anonymous

Anonymous, While a strike or lockout is permitted...

Message posted on : 2011-11-20 - 10:09:28

Anonymous,

While a strike or lockout is permitted under labor law, it is unsettled whether the lockout is still permissible under antitrust law once the players' union has dissolved. In other words, once the collective bargaining relationship has ended (as is arguably the case now in the NBA labor dispute), then labor law generally no longer applies. The issue in Brady was whether the mere disclaimer of interest alone by the union was sufficient to permit a court to enjoin the lockout under the Norris-LaGuardia Act.

Posted By : Nathaniel Grow

Thanks for continuing to post some of the most int...

Message posted on : 2011-11-20 - 14:44:50

Thanks for continuing to post some of the most interesting articles related to law/sports law especially while many of us are caught up in the pressures of fantasy sports and what not... :)
Posted By : Anonymous

This isn't the first time this has come up tho...

Message posted on : 2011-11-21 - 13:28:27

This isn't the first time this has come up though, right? I mean, the legal profession has come under some substantial fire in recent years to reform its curriculum. There's no arguing that many grads are leaving ill-prepared to contribute in meaningful ways to large firms/complex issues, etc. I'm just not sure, given the many nuances of the law (business of the law) that law schools are able to teach such things. Plea bargaining, as the author touches on, is something specific to each prosecutor's office.

That said, the comparison to a pro sports draft is spot-on. Law schools looking for future professors will look to the schools that have historically produced talent in the past (Harvard, Yale, Stanford, etc). In a similar vein, your top talent in the draft will usually come from a powerhouse (feeder?) school.

Posted By : Recent Grad

Great post! Certainly a thorny situation for the N...

Message posted on : 2011-11-21 - 17:58:44

Great post! Certainly a thorny situation for the NCAA. And as difficult as it might be to impose sanctions that would ultimately affect the players, that' a possibility administrators take on as part of their role at the U; for players, the very likely reality is simply a risk inherent to their choice of institution.
Posted By : Kellen W. Bradley

Recent grad--not to be a scrooge, but unlike objec...

Message posted on : 2011-11-21 - 20:41:03

Recent grad--not to be a scrooge, but unlike objective factors that pro drafts use such as speed, strength, height, weight, etc., what are the objective factors used by your assertion 'historically produced talent in the past?' Put differently: does where you go to law school demonstrate you have better talent to become a professor, or does it rather show a clear bias, instead, against those who do not attend Ivy League schools. Or, if you prefer: Does the decision NOT to attend an Ivy League (or similar vein) law school by a talented student assure them that they will not be drafted by a law school during this so-called 'draft' based upon historical assumptions related to elitism, preferences, financial acumen and so on? Frankly, I do not see the comparison to pro sports drafts as spot on. Rather, I believe it is to perpetuate the myth of talent. For further discussion, read 'Schools for Misrule' by Olson.
Posted By : Anonymous

Thank you so much for compiling a growing list of ...

Message posted on : 2011-11-21 - 21:13:13

Thank you so much for compiling a growing list of sports law scholarship, G.R.!
Posted By : Anonymous

Anon - I couldn't agree more. I didn't ma...

Message posted on : 2011-11-22 - 10:10:34

Anon - I couldn't agree more. I didn't make my point clearly (or at all). I was trying to say that, for whatever reason, your ability to enter academia is almost directly related to your institutional pedigree, rather than your 'stats' so to speak. I'm not saying that a middle of the road Ivy leaguer is going to get picked up for a premier teaching gig as a matter of right, but I think s/he is going to have an easier time than a top flight student out of Tier-3/4. Truth be told, when I graduated from a Tier 3, the best piece of advice I was given when I asked about teaching was 'go get a PhD or LLM from Harvard or Yale' ... and that was from one of my law school profs!

If only they put that in the brochure when applying...

Posted By : Recent Grad

USGA golf rules can be very confusing. This illust...

Message posted on : 2011-11-25 - 21:55:59

USGA golf rules can be very confusing. This illustrated version makes them clear and easy to understand with excellent illustrations and relevant examples. Great book for anyone wanting to learn the proper application of the rules.
Posted By : Danmark

Recommendations tie in nicely to the Knight Commis...

Message posted on : 2011-11-30 - 00:10:34

Recommendations tie in nicely to the Knight Commissions recommendations; and provide more specific suggestions in a few areas as well.
Posted By : Anonymous

Howard, I greatly appreciate your comments and ha...

Message posted on : 2011-11-30 - 13:13:35

Howard,

I greatly appreciate your comments and have always been honored to be part of this team of distinguished bloggers.

I also agree that this blog has shown that it has essential value for accurate public discourse on sports and the law.

Mike

Posted By : Michael McCann

Toronto, the hockey equivalent of the North Side o...

Message posted on : 2011-12-05 - 20:56:19

Toronto, the hockey equivalent of the North Side of Chicago…
Posted By : Ken Houghton

I understand that 'what the law says' an...

Message posted on : 2011-12-12 - 18:06:19

I understand that 'what the law says' and 'how the law is enforced' can be two different things. Nevertheless, I have question about the Nevada law banning 'runners'.

If I am going to Las Vegas for a weekend and a colleague gives me $50 to bet on the Packers that weekend, am I in violation of the law as written? Or is the law written to prevent 'runners' from shielding large wagering interests only?

Just curious...

Thank you in advance.

Posted By : The Sports Curmudgeon

I kept thinking back to the concept of age limits ...

Message posted on : 2011-12-18 - 23:51:46

I kept thinking back to the concept of age limits in the NBA and other leagues, even though the age limit issue is not precisely implicated in this case.
Posted By : Teaching Physical Education

I hate the people those who always find the unlawf...

Message posted on : 2011-12-22 - 07:40:12

I hate the people those who always find the unlawful methods to do business or participate in sports. Before doing any practice or participating in any game we should know the laws to participate and make our self a sensible and honest.
Posted By : livescore

definitely deserved more time.

Message posted on : 2011-12-30 - 15:01:47

definitely deserved more time.
Posted By : Novelty Pens

Nathaniel, Excellent essay! This is a must read....

Message posted on : 2012-01-03 - 14:11:37

Nathaniel,

Excellent essay! This is a must read. Great work putting the lockouts and their causes in perspective and what can be learned from them.

Posted By : Michael McCann

Thanks for the kind words Mike, I'm glad you e...

Message posted on : 2012-01-03 - 14:37:24

Thanks for the kind words Mike, I'm glad you enjoyed the essay.
Posted By : Nathaniel Grow

With the holidays I am behind in my reading of the...

Message posted on : 2012-01-09 - 15:59:45

With the holidays I am behind in my reading of the Chroncile. As a Penn State parent, I have monitored this unfolding scandal with great sorrow for a truly world-class institution...so much more than just its football team, although I readily enjoy tailgating at home games.
Within the week when the scandal broke, I made the same comments about, 'if a woman had been in the leadership chain...' Thank you for expressing this so eloquently, from a position of scholarship, and in a publication that gets such wide readership.

Posted By : Maryanne

Yah! I have to watch out on news about the NBA, si...

Message posted on : 2012-01-11 - 03:00:41

Yah! I have to watch out on news about the NBA, since I'm a big fan of the NBA players. Thanks for posting!
Posted By : Ragnor relay

By the way late greeting. Happy New Year! Thanks ...

Message posted on : 2012-01-11 - 03:02:35

By the way late greeting. Happy New Year!
Thanks for the post, this is an interesting news.

Posted By : Ragnor relay

I know the answer to my question could be found in...

Message posted on : 2012-01-19 - 01:44:24

I know the answer to my question could be found in the new book, but could you please explain to me, briefly, how this law will insure fair education for athletes? Is this law specifically targeting the unfair, but common practice of exploiting athletes? One article I have read (http://mcamp.hubpages.com/hub/Declaration-of-Exploitation-Should-Student-Athletes-Be-Paid) actually discussed the topic of schools exploiting athletes for their athletic talents, but ignoring the fact that college also means getting an education. This a serious problem in college sports, so is this law meant to fix this problem.
Posted By : Anonymous

Yah. I also have to seen woman nowadays engaging t...

Message posted on : 2012-01-19 - 04:04:27

Yah. I also have to seen woman nowadays engaging to different sports activities. I wish my sister will do it too, she's quite lazy to do it but I'm always encouraging her.
Posted By : Adventure Racing

Jeff Niemann lost to the Rays per the panel decisi...

Message posted on : 2012-02-03 - 16:29:11

Jeff Niemann lost to the Rays per the panel decision of Howard Edelman, Mark Irvings, and James Oldham. Oldham's ledger now moves to three team wins and one player win. Oldham is serving as one of the panel members for today's Anibal Sanchez - Miami Marlins hearing. For Edelman and Irvings, this was their initial baseball salary arbitration. They are obviously 1-0 for teams.

The Rays are now 6-0 since their first hearing with Esteban Yan in 2002. Tampa Bay defeated Josh Paul in 2006 and 2007. They added victories over Dioner Navarro and B.J. Upton in 2009 and 2010. The combined total of the team offers for the six players is $10,450,000. The combined total of the player requests is $13,090,000. Thus, the Rays have managed to save $2,640,000 or an average of $440,000 for the six cases.

Posted By : Ed Edmonds

Ed, Really appreciate you doing this each year. ...

Message posted on : 2012-02-04 - 08:56:57

Ed,

Really appreciate you doing this each year. Your collective posts constitute a highly useful and informative research source. Keep up the good work!

Rick

Posted By : Rick Karcher

As founding organizer of this conference it makes ...

Message posted on : 2012-02-04 - 17:26:34

As founding organizer of this conference it makes me proud to know that it is still continuing on in my years of absence from the U of O. Go DUCKS!

Thanks Prof. McCann for including us again in your blog.

Posted By : Jumane Redway

I just read that Anibal Sanchez won his hearing. ...

Message posted on : 2012-02-06 - 10:21:58

I just read that Anibal Sanchez won his hearing. This is the first win for players this year. Although nearly all decision are announced within 24 hours as specified in the collective bargaining agreement, the announcement was put on hold over the weekend. The teams are leading 2-1, and there are a number of hearings set for this week.
Posted By : Ed Edmonds

Message posted on : 2012-02-07 - 16:11:31

This comment has been removed by the author.
Posted By : Ed Edmonds

Thanks for the comment, and I really appreciate th...

Message posted on : 2012-02-07 - 16:35:46

Thanks for the comment, and I really appreciate the students in the Tulane Fifth Annual National Baseball Arbitration Competition suggesting that team members read my article in the Marquette Sports Lawyers Journal. I also hope to continue to build the website that is linked from my page on the Notre Dame website. All of my team and arbitrator charts are posted on the website. The Notre Dame team just headed to New Orleans earlier this afternoon.

Blogger Ed Edmonds -- 2/07/2012 4:11 PM

Posted By : Ed Edmonds

My removed comment was replaced by the edited vers...

Message posted on : 2012-02-07 - 16:38:24

My removed comment was replaced by the edited version above. I apologize for not proofreading my comment completely. The new comment fixed a typographical error and added more complete information about the competition.
Posted By : Ed Edmonds

I think as long as the child has the capability to...

Message posted on : 2012-02-09 - 01:05:27

I think as long as the child has the capability to do it, then he or she should be able to compete. It is by law and my court reporting agency also says the same thing.
Posted By : court reporting agency

Well said! Thanks for letting us know this info.

Message posted on : 2012-02-14 - 04:58:34

Well said! Thanks for letting us know this info.
Posted By : Ragnor relay

Veras lost his arbitration hearing with the Brewer...

Message posted on : 2012-02-14 - 12:11:37

Veras lost his arbitration hearing with the Brewers. The Brewers broke their tie and increased their record to 3-2 against their players. Panel member Dan Brent has now decided 13 or his 17 panel decisions in favor of the team. Panel member Marlene Gold was participating in her first baseball salary arbitration hearing. John Sands' panel record is now even at 2-2. His overall record including his individual decisions is 5-3 in favor of teams. The teams have won four of the six decisions. There are four unresolved cases left to complete. Of the 54 players and teams who exchanged figures according to the Associated Press list, we have the following results: Multiyear deals-10, Settlements above the midpoint-8, Settlements at the midpoint-11, and Settlements below the midpoint-15.
Posted By : Ed Edmonds

The N.C.A.A. is out of control. Nocera captures a...

Message posted on : 2012-02-14 - 19:31:07

The N.C.A.A. is out of control. Nocera captures a critical slice of what many Americans would likely feel if they knew the intricacies of the NCAA's policies and investigations.
Posted By : Anonymous

Well said, athletes would really be great on readi...

Message posted on : 2012-02-15 - 04:29:54

Well said, athletes would really be great on reading this article. Thanks!
Posted By : Ragnor relay

Merci :)

Message posted on : 2012-02-26 - 02:43:29

Merci :)
Posted By : die-nachrichten

Really looking forward to this; please register he...

Message posted on : 2012-02-28 - 12:19:54

Really looking forward to this; please register here:

http://harvard2012sportslawsympsoium.eventbrite.com/

Posted By : Miles

The NCAA, a private institution - not a state acto...

Message posted on : 2012-02-28 - 13:09:50

The NCAA, a private institution - not a state actor - need not grant due process.

See Bloom v NCAA

Posted By : Anonymous

This definitely doesn't happen much. Not too ...

Message posted on : 2012-03-04 - 00:11:11

This definitely doesn't happen much. Not too many disputes over comedy basketball players so this is a very interesting article. I'm writing a sports blog http://samssportsmania.blogspot.com/ if you want to check it out.
Posted By : SK

Wouldn't there be a statute of limitations iss...

Message posted on : 2012-03-06 - 02:00:20

Wouldn't there be a statute of limitations issue as well? Or do you think that the statute would be tolled until the revelation that the injuries sustained were intentionally caused by the other players?
Posted By : Andy Eason

thats really appreciated

Message posted on : 2012-03-06 - 12:49:34

thats really appreciated
Posted By : Jack Stanly

When it comes to competition then age does not mat...

Message posted on : 2012-03-08 - 07:04:29

When it comes to competition then age does not matter at all, and moreover i am in live with NBA.

thanks and regards.

Posted By : Thomas

I definitely agree that their are injustices but I...

Message posted on : 2012-03-12 - 09:47:58

I definitely agree that their are injustices but I am curious what would happen to the many players, highlighted in this tournament, form schools like Iona, Murray State and Belmont. Most likely they would have to fold their programs. I want these kids to get the opportunity to play, but are late bloomers going to miss their shot?
Posted By : Ken Scott

Ken, what ramifications of unionizing or at least ...

Message posted on : 2012-03-13 - 01:01:23

Ken, what ramifications of unionizing or at least coherently organizing a group of college athletes are you envisioning that would lead to mid-major programs to shut down? In theory, it is the late bloomers that you are looking to protect who are generally hit hardest by the financial strain that many college athletes face. A group seeking to protect their rights would seem to only advantage them.
Posted By : Andy Eason

There might be significant legal action against th...

Message posted on : 2012-03-15 - 11:18:50

There might be significant legal action against the New Orleans Saints regarding the bounty scandal. In sports the line between incentive and targeting can be blurred. If the plaintiffs can show the injuries they claim were a direct result of the bounty program, they could actually win. But that is contingent on many factors like someone who was intimately involved and can point to a specific situation.
Posted By : Lulaine @ RD Legal Funding

Nascar is a sport. Come to Bristol watch a race. A...

Message posted on : 2012-03-19 - 13:38:57

Nascar is a sport. Come to Bristol watch a race. A driver can lose anywhere from FIVE to TEN pounds during a race! Can your sport do that? I don't think so. Also imagine you are in downtown Atlanta in so much traffic and stuck with no A/C or anything, 100+ degree temperatures in your car for over 4 hours. Also try eating a meal just before you race and drinking as much water as possible so you dont dehydrate then holding it from using the restroom. NASCAR IS A SPORT!
Posted By : Anonymous

Feel bad about the idea of having those players li...

Message posted on : 2012-03-20 - 02:09:45

Feel bad about the idea of having those players like a commodity, but sometimes it is true. Hope many would change with this kind of view to players who are more competitive out there.
Posted By : Ragnor relay

Obviously you people have No Idea what you are tal...

Message posted on : 2012-03-26 - 23:16:55

Obviously you people have No Idea what you are talking about or writing, please feel free to read the case on USC and the Sanctions ---they don't ad up.
Posted By : so.cal.native

'because if these precedential cases prove an...

Message posted on : 2012-03-27 - 07:59:52

'because if these precedential cases prove anything, it's that complicit knowledge amongst coaching staff members is reprehensible in the eyes of the Association.'

Did you even read the USC report? Having knowledge of a violation after the fact is a far cry different than actually facilitating violations as we saw from John Blake at UNC.

The USC case is analogous to failing to report a robbery, while A UNC coach essentially invited the robber into his program.

The USC case had no booster or employee involvement while the Academic fraud and agent involvement directly stemmed from employee involvement.

To claim the sanctions levied against UNC were in line with the other cases is a ludicrous and uninformed position.

Posted By : Radio Broadcasting School

I sure am fascinated by this. It seems to me that...

Message posted on : 2012-03-27 - 15:33:25

I sure am fascinated by this.

It seems to me that 'no salary cap in 2010' in the prior CBA created a contractual right to spend whatever a team wanted in that year. Even if that meant paying every player on the roster a billion in that year, and a dollar in all subsequent years, leaving that team way under the future caps and free to spend at will when the new CBA was agreed.

Warning teams not to do that would seem to be entirely ineffectual when they have in their hands a contract -- the prior CBA -- that says they can do that.

I'm guessing, without knowing, that the league charter reserves to it the right to make changes to rules in the name of competitive balance. And I'm guessing, without knowing, that the league is trying to use this provision to defend this act, since they can't come out and say that any rules were broken.

But at the same time, I'm guessing, without knowing, that there must also be some provision in the league charter that prohibits the league from penalizing franchises to bring them down to the level of their competitors in the absence of some rules violation. In the interest of competitive balance, the league can't just give extra cap room, draft choices, and downs to the Bengals and subtract them from the Patriots just because the Pats have been more successful, right?

I'm wondering if there's some catchall language in the new CBA that binds teams to a generic acceptance of commissioner 'adjustments' for competitive balance purposes. But I would think that if any such language is vague enough to have failed to set off the radar of Dallas and Washington lawyers, it's also vague enough that it wouldn't be held to trump the basic antidiscrimination principles that I'm assuming override everything.

And I'd assume that those principles are the protections for the Cowboys and Redskins even if the new CBA provides that all parties waive any rights they claimed under the expired CBA.

And it would seem to me that if the two penalized teams didn't agree to this in advance in some kind of 'oops, didn't realize that' clause, they'd not only have a breach of the presumed antidiscrimination principles, they'd also have an argument that the agreement by the other owners to force them to spend less is a combination in restraint of trade. The league only has an antitrust exemption to the extent that violations are made okay by agreement through collective bargaining with the harmed parties, right? Well, maybe the NFLPA couldn't sue because they've agreed to this, but it sure seems that if these two teams haven't agreed, the exemption doesn't stop them from claiming that this is an antitrust violation that harms them.

I can't see how this isn't a huge legal blunder and/or risk by one side or the other, and I'm sure hoping that this will get some close coverage as it plays out.

Posted By : Anonymous

Obviously, now a day's internet and offshore gambl...

Message posted on : 2012-03-28 - 04:40:55

Obviously, now a day's internet and offshore gambling is increasing if government can regulate government can earn revenue from its tax.
Posted By : Simran

Thanks for share the post regarding gambling regul...

Message posted on : 2012-03-31 - 04:33:01

Thanks for share the post regarding gambling regulation of New Jersey.
Posted By : John

merci :)

Message posted on : 2012-03-31 - 10:14:15

merci :)
Posted By : Entsorgung Wien

SoCal and RadioBroadcasting, Lets please keep thi...

Message posted on : 2012-04-02 - 11:12:41

SoCal and RadioBroadcasting,

Lets please keep things civil. I was not directly equating the USC case with the UNC case. All of these cases have their differences. I am not passing judgment on USC or any other program. This is a commentary on how the Infractions Committee has handled punishment based on compliance issues. As someone who practices in this area, you look for trends to attempt to predict future decisions such as the one that will come down soon on the U.

Thanks

Posted By : Tim Epstein

Thanks so much for doing this!

Message posted on : 2012-04-02 - 21:27:37

Thanks so much for doing this!
Posted By : Anonymous

'Mike Tannenbaum the general manager of the J...

Message posted on : 2012-04-03 - 12:32:00

'Mike Tannenbaum the general manager of the Jets, himself is a lawyer and the Jets have high-quality legal talent that they turn to for contractual and other legal issues, so I have no doubt that they handled this situation properly and there were in fact no surprises to Tebow's contract.'

This is where I become confused. If they were aware of the clause before, why was there a delay thereafter?

The result is perfectly acceptable, but you are making it sound as if the Jets deliberately pretended not to know about the clause (the alternative being that they didn't see it, or pay attention to it) so that they could re-open negotiation on that issue.

It seems (again, especially given the result) that negotiating with knowledge of the clause upfront would have been better for all parties.

Posted By : Ken Houghton

thanks for share this useful information.

Message posted on : 2012-04-06 - 08:16:42

thanks for share this useful information.
Posted By : Michigan DUI

Would the suspension be reviewed under a per se an...

Message posted on : 2012-04-09 - 15:08:37

Would the suspension be reviewed under a per se analysis (Fashion Originators) or a rule of reason? Does this depend on the strength of the league's welfare justification?
Posted By : Miles

I don't disagree with anything you said--most ...

Message posted on : 2012-04-10 - 18:28:39

I don't disagree with anything you said--most especially the 'it's not a direct First Amendment issue' and the Miami comment--but that leaves me wondering about the Marlins vetting process.

After all, the thing that 'suddenly' has 'everyone' up in arms is rather precisely the same thing Guillen said publicly four years ago.

It's one thing to suspend someone for something that comes totally out of left field (as it were). When they say again what they have said before, you look even stupider when you say 'We never expected that' and take a punitive action.

Making Jeffrey Loria and Bud Selig look even stupider takes effort, even for them, but they have now managed to pass the Jets's 'of course we have contract experts, what do you mean we owe the whole $5MM' for Missing the Obvious.

Posted By : Ken Houghton

How about exercising your First Amendment right an...

Message posted on : 2012-04-11 - 17:28:00

How about exercising your First Amendment right and tell us about Isaiah Thomas' departure. Surely, you have to follow up on that one!
Posted By : Anonymous

This story reflects what I think is a growing tren...

Message posted on : 2012-04-13 - 13:51:14

This story reflects what I think is a growing trend of coach as politician/celebrity. We no longer just expect coaches to provide commentary on strategy and the respective team, these people are personalities and once in front of a microphone, anything they say is fair game for the media to jump on. Any team that thinks its coach(es), or players, won't or can't make the same mistake Guillen did is living in a dream world. I agree with Ken, this brings up questions about the vetting process. But, unless they have a full-time spokesperson, Guillen is essentially a powder keg.
Posted By : Kellen W. Bradley

Congrats, Mike. Great stuff.

Message posted on : 2012-04-14 - 20:29:02

Congrats, Mike. Great stuff.
Posted By : Gabe Feldman

Alfredsson missed more of the game

Message posted on : 2012-04-16 - 16:20:35

Alfredsson missed more of the game because there was more of the game to miss.

Zetterberg didn't because he couldn't.

Shanny has just made the 19:57 rule--start a fight with reduced consequences, because that 82/7th of a game is over.

Not to mention, as I believe Scott Lemieux noted, that it incents teams to report the status of players more ambiguously.

Pathetic.

Posted By : Ken Houghton

Well, he was a master of the steal.

Message posted on : 2012-04-19 - 17:14:47

Well, he was a master of the steal.
Posted By : Anonymous

A clause in the NFL Constitution and Bylaws allows...

Message posted on : 2012-04-20 - 09:08:31

A clause in the NFL Constitution and Bylaws allows the Commissioner to take away draft picks and/or fine a team whenever he deems a competitive aspect of the game has been violated 'at any time'. Clause in conjunction with that allows Commissioner to refer the matter to the NFL Management Committee to impose any such other recommendations it deems appropriate. A final clause allows the Commissioner to disapprove of contracts within 10 days after such contracts are filed with the Commissioner.

Redskins and Cowboys will argue that by not disapproving the contracts within 10 days means the NFL accepted them, and they cannot now retroactively go back and punish them. NFL will argue that 'at any time' language means they can go back and punish. The problem I see with NFL's argument is that the clause that the Commissioner can disapprove of contracts is directly on point in this situation.

Further, why are only the Redskins and Cowboys punished when other teams gained the same competitive advantage by (1) front-loading contracts (Julius Peppers, Kyle Vanden Bosch) and (2) going under the salary floor (8 teams did so in 2010). The teams that went under the floor also had the most cap room in 2012 and were able to sign the best players (Vincent Jackson, Carl Nicks for the Bucs, Mario Williams for the Bills, Laurent Robinson for the Jags). Those teams sacrificed 2010 to save money and rid themselves of bad contracts to gain cap space in future years, like 2012.

The only logical explanation for why the NFL did this is that the Redskins and Cowboys grossly outspent every other team in 2010, and that made certain NFL owners look bad in the CBA negotiations for wanting to lower player salaries.

Posted By : Thomas Grove

I think NASCAR is very much a sport. Not just anyb...

Message posted on : 2012-04-24 - 15:36:09

I think NASCAR is very much a sport. Not just anybody can get in a extreamly hot car, with layers of protective clothing on, strapped in a little hole tight as can be, going 190 mph around in circles, with someone 4 inches from the back of your car, can do that. I believe that it is a sport. They also train 24/7 and are very athletic!
Posted By : Anonymous

The only positive that may come out of this is a d...

Message posted on : 2012-04-24 - 18:21:09

The only positive that may come out of this is a decrease in binge drinking leading up to the games. If students can use their fake IDs to buy beer inside the stadium, they'd be less likely to chug their own before going in.
Posted By : Anonymous

The only positive that could come out of this is a...

Message posted on : 2012-04-24 - 18:22:35

The only positive that could come out of this is a decrease in binge drinking. If students know they can buy beer with their fake IDs inside the stadium, they're probably less likely to chug their own before going in.
Posted By : Anonymous

I know from my experience at the University of Lou...

Message posted on : 2012-04-24 - 20:57:43

I know from my experience at the University of Louisville that in-stadium alcohol sales do little to keep undergrads from binge drinking. Tailgating (and binge drinking) have become part of the culture.

That said, I find it odd most stadiums don't allow alcohol sales. Check IDs sure, but I think the ability to drink a beer will add to the fan experience.

Posted By : Anonymous

Minnesota won't be allowing beer to leave desi...

Message posted on : 2012-04-25 - 11:46:29

Minnesota won't be allowing beer to leave designated areas (i.e. the beer garden in the open end of its stadium or the premium seating) so there at least is a level of control. The legislature refused to simply allow it at the University's discretion, which created friction for the past two years.

To the last question, I don't see an issue with enforcing underage drinking laws while also serving to those of age.

Posted By : Anonymous

'bringing sports gaming and the economic bene...

Message posted on : 2012-04-30 - 09:01:21

'bringing sports gaming and the economic benefits it yields to the State of New Jersey'

I assume they mean 'bringing taxes on sports gaming.'

What they mean by 'the economic benefits it yields' is left as an exercise, since transfer payments are not, the last time I checked, economic benefits when they go toward those whose propensity to spend is reduced.

The legendary analyst at Janey Montgomery Scott who correctly observed that 'Atlantic City is a drab and dreary place in the winter' (and was fired for saying so at Donald Trump's urging--after which The Donald filed bankruptcy on his AC properties at least twice)will, if the legislation passes, have two demonstrated 'miracles,' and should be canonized Real Soon Now.

Posted By : Ken Houghton

Appears Seau's family is going to allow BU to ...

Message posted on : 2012-05-04 - 10:45:59

Appears Seau's family is going to allow BU to study his brain. Will be interesting to see what comes of this as more and more players bring suit.
Posted By : Anonymous

It's another truly unfortunate aspect of how h...

Message posted on : 2012-05-04 - 14:46:18

It's another truly unfortunate aspect of how head injuries are affecting football players after retiring. Seau apparently had well over 1,000 concussions in his career and he was all for Goodell changing the culture of the league. It'll be interesting to see how this all develops in the courts.
Posted By : Lawrence Kansas Criminal Attorney

Well over 1000??? Are you sure about that number. ...

Message posted on : 2012-05-07 - 13:32:57

Well over 1000??? Are you sure about that number. That seems a bit high...
Posted By : Anonymous

It was really sad what happened to him and the fac...

Message posted on : 2012-05-10 - 20:27:54

It was really sad what happened to him and the fact that he could of gotten all of those concussions and no one knew about it makes it worse
Posted By : marc

When I lived in Oregon, Giants, A's, and Marin...

Message posted on : 2012-05-12 - 10:17:27

When I lived in Oregon, Giants, A's, and Mariners games were blacked out on MLB.tv. That seems to be a pretty obvious restraint on interstate commerce.
Posted By : Unknown

Here's the UA's own policy on Consensual R...

Message posted on : 2012-05-18 - 22:01:59

Here's the UA's own policy on Consensual Relationships

http://oeoc.uark.edu/159.php - scoll down about a third

'Consensual sexual relationships between faculty and their students or between supervisors and their employees in some instances may result in charges of sexual harassment.

Consensual relationships may lead other faculty and students or supervisors and coworkers to question the validity of grades, evaluations, and other interactions between the people involved in such a relationship. The integrity of the work of both people in the relationship may be compromised.

University faculty, administrators, and other supervisory staff should be aware that any sexual involvement with their students or employees could subject them to formal action if a sexual harassment complaint is subsequently made and substantiated, and that they bear the greater burden of responsibility should it be proven that the power differential between them made the relationship other than fully consensual. Even when both parties have consented to a relationship, it is the faculty member, administrator, or supervisor who may be held accountable for unprofessional behavior. Other students or employees may allege that the relationship creates a hostile or abusive environment affecting them. Graduate assistants, residence hall staff, tutors, and undergraduate course assistants who are professionally responsible for students will be held to the same standards of accountability as faculty in their relationships with students whom they instruct or evaluate.

When a consensual relationship exists between a student and a faculty member who has control over the student's academic work or status or between an employee and his or her supervisor, the resulting conflict of interest should be addressed in accordance with university policies concerning conflict of interest.'

Thus, anything determined by the university on Bobby's morals, needs to be in line with it's own policy. As is, to this day, a professor may have a relationship with a teaching assistant, etc, et al.

Posted By : Anonymous

Great post, Marc. Any thoughts on why the NFLPA d...

Message posted on : 2012-05-27 - 09:45:18

Great post, Marc. Any thoughts on why the NFLPA didn't also assert a Section One antitrust claim as well? Given the facts, the decision not to add such a claim seems odd.
Posted By : Nathaniel Grow

Hi Nathaniel, I agree that the lack of tacking on...

Message posted on : 2012-05-27 - 10:29:54

Hi Nathaniel,

I agree that the lack of tacking on a Section 1 claim is surprising, and I was thinking about making that a separate post. I have three thoughts, but all are remote: (1) not wanting to get into the Iqbal/Twombly issue for pleading a conspiracy; and (2) not wanting to get into the debate about how, if at all, the non-statutory labor exemption could theoretically apply; (3) avoiding some potential, theoretical argument about waiver of Section 1 claims.

Posted By : Marc Edelman

Isn't the collusion part of the case unusually...

Message posted on : 2012-05-29 - 16:36:59

Isn't the collusion part of the case unusually easy to prove? The NFL just openly punished the Redskins and Cowboys for exceeding the salary cap that was not supposed to be in effect that year. What other possible explanation other than collusion could justify the punishment?
Posted By : Anonymous

http://www.supremecourt.gov/opinions/09pdf/08-661....

Message posted on : 2012-05-30 - 17:56:43

http://www.supremecourt.gov/opinions/09pdf/08-661.pdf

This will answer your question regarding how the NFL is organized. The NFL is an unincorporated association of 32 separately owned teams.

Posted By : Anonymous

In general, as an attorney, you sue everyone upon ...

Message posted on : 2012-05-30 - 18:02:25

In general, as an attorney, you sue everyone upon whom you could possibly collect. The obvious situation here between Vilma and Goodell is personal. Vilma may not care so much about the money and is trying to 'hurt' the person who punished/hurt him. Goodell clearly made a personal attack against Vilma and in return Vilma is making a personal attack against Goodell. Attorneys are generally more concerned about finding the party who has the assets to collect against should a judgment be issued by the court. I don't think Vilma cares as much about the money. Further, Goodell is likely collectable against anyways.
Posted By : Brandon Phillips

Per the Appellants' Corporate Disclosure State...

Message posted on : 2012-05-30 - 19:26:03

Per the Appellants' Corporate Disclosure Statement filed to the Eight Circuit last year, the NFL is an unincorporated association organized under the laws of New York. One of its members is Miami Dolphins, Ltd., which a search on Florida's Division of Corporation's website tells me is a Florida LP. There's your answer.
Posted By : Tom

Perhaps he needs to be named in his individual cap...

Message posted on : 2012-05-31 - 15:32:11

Perhaps he needs to be named in his individual capacity because a claim against the NFL, as Goodell's employer, would be otherwise barred by something such as a workers' compensation act exclusivity provision. For example, generally speaking, in Massachusetts, the workers' compensation act is the exclusive remedy for all tort claims arising out of the the employment relationship unless it can be shown that the tortfeasor's actions were outside the course of his employment.
Posted By : Anonymous

I think the likeliest reason is to enhance the sep...

Message posted on : 2012-06-03 - 12:38:49

I think the likeliest reason is to enhance the separation of the claim from the CBA and it's relief provisions. I'm not sure that defamation would be covered by workers comp, but it could be covered by exclusivity provisions of the CBA. That defense is much weaker when Goodell is the sole defendant.
Posted By : SportsBiz

How do you get by the confrontation clause? Pater...

Message posted on : 2012-06-04 - 20:30:56

How do you get by the confrontation clause?

Paterno's grand jury testimony, however, 'survives' his death and can be used in trials.

Was Paterno cross-examined by Sandusky's attorney?

Posted By : RLL

I am currently a semi-pro football football player...

Message posted on : 2012-06-09 - 04:48:09

I am currently a semi-pro football football player in Glens Falls and after a number of disputes between myself and the owner he and I both decided we did not want to associate for the 2012 season. He informed me that upon paying an 150 dollar fee I would be released but upon learning I would be going to a rival team he told me he would not. Does this qualify as a verbal agreement and what can I do to switch teams and continue my effort to go to a pro team? Thank you for your time and consideration. Ican be best contacted by email at darelletaylor31@yahoo.com or my Facebook Facebook.com/primetimedefense. Thank you again for your time advice and patience


Darelle

Posted By : Darelle Taylor

Boxing was indeed a sport with 'objective sco...

Message posted on : 2012-06-14 - 21:02:41

Boxing was indeed a sport with 'objective scoring' in the bare knuckle days. A fight lasted until one of the boxers could not or chose not to answer the bell for the next round. A round went on until one of the fighters was knocked down.

The John L. Sullivan/Jake Kilrain heavyweight championship fight went 76 rounds until Kilrain's seconds would not allow him to go to the center of the ring for Round 77

Posted By : The Sports Curmudgeon

So it's all the Marquis of Queensbury's fa...

Message posted on : 2012-06-17 - 07:21:49

So it's all the Marquis of Queensbury's fault.
Posted By : Anonymous

So it's all the Marquis of Queensbury's fa...

Message posted on : 2012-06-17 - 12:39:22

So it's all the Marquis of Queensbury's fault.
Posted By : Howard Wasserman

It was not the Marquis' fault. He was working...

Message posted on : 2012-06-18 - 21:42:16

It was not the Marquis' fault.

He was working to solve a different problem - - the brutality of boxing in those days. He improved the 'brutality level' significantly and at the same time introduced 'judging' to the sport.

Every silver lining has a cloud around it...

Posted By : The Sports Curmudgeon

Very well written, MM!

Message posted on : 2012-06-19 - 09:39:12

Very well written, MM!
Posted By : Anonymous

Since I have no access to the decision process tha...

Message posted on : 2012-06-19 - 11:54:11

Since I have no access to the decision process that brought this matter to a trial, I have no idea if the Clemens Case was politically motivated or publicity motivated or based on cold, hard legal reasoning. However, I have a generic reason to say the prosecution had a real reason to take this to a jury.

If a prosecutor has evidence of perjury that he/she believes should be punished, that prosecutor must make the effort to convince a jury. Perjury undermines the entire US system of law; if witnesses in trials lie under oath even 'some of the time' then the idea of a fair trial becomes a sham. Under a system where perjury is tolerated even a little bit, the winner of a trial will be the side with the more convincing liars.

That is not a 'slippery slope'; that is a trap door that opened under the feet of Lady Justice.

Posted By : The Sports Curmudgeon

I agree TSC, and appreciate the comment too. If...

Message posted on : 2012-06-19 - 13:56:36

I agree TSC, and appreciate the comment too.

If the Justice Department didn't prosecute after the whole nation watched Clemens testify and mostly didn't believe him, plus after Congress openly doubted him, people would say he received preferential treatment. The DOJ was really in a no-win position.

The mistake, in my view, in Congress giving Clemens an a public forum though which he could be charged with perjury.

Posted By : Michael McCann

Mike: Good piece. My sentiments exactly. The DOJ ...

Message posted on : 2012-06-20 - 11:39:33

Mike:

Good piece. My sentiments exactly. The DOJ was on the block on this, and I think the government knew it was a problematic case.

Maybe Congress should attempt to concentrate on more pressing concerns and permit sports organizations, players' associations, and most important, and the court of public opinion to regulate this kind of conduct.

Mark

Posted By : Mark Conrad

Thanks, Mark. You're right too - how about Con...

Message posted on : 2012-06-20 - 20:40:16

Thanks, Mark. You're right too - how about Congress considers the legal merits of current players in a union negotiating on behalf of prospective and past players?
Posted By : Michael McCann

Another reason to get rid of the commercial speech...

Message posted on : 2012-06-21 - 08:25:26

Another reason to get rid of the commercial speech distinction: It is often too hard to know which it is.
Posted By : Howard Wasserman

Agreed. The problem with commercial speech is that...

Message posted on : 2012-06-22 - 06:39:55

Agreed. The problem with commercial speech is that it forces courts to employ a different -- and intricate four-part test that some called 'intermediate' scrutiny and others call 'intermediate-plus' scrutiny. So, defining what is 'commercial' and what is not becomes of paramount importance. The Supreme Court has side-stepped this issue over the years (usuing a generic definition of 'speech proposing a commercial transactions'). This is especially problematic in right of publicity cases, with its own jurisprudential problems. Until the Supreme Court overrules Central Hudson (the 1980 case which came up with the present commercial speech standard), we will more and more cases like the ones noted in the blog piece.
Posted By : Mark Conrad

Yes, actually quite refreshing. Lawyers are not in...

Message posted on : 2012-06-26 - 13:57:17

Yes, actually quite refreshing. Lawyers are not involved.
Posted By : Anonymous

Thanks as always for compiling this list!

Message posted on : 2012-06-26 - 17:47:17

Thanks as always for compiling this list!
Posted By : Anonymous

What effect do you think the Supreme Court's r...

Message posted on : 2012-07-09 - 20:28:45

What effect do you think the Supreme Court's ruling in SF Arts & Athletics v. USOC will have on any attempt by Armstrong to argue that USADA is a state actor? The Supreme Court held that the USOC is not a state actor; so, if the USOC created USADA, it would seem that Armstrong will have a tough time claiming that USADA is a state actor.
Posted By : Tim Cedrone

This is an excellent post. It may indeed be that t...

Message posted on : 2012-07-10 - 08:31:54

This is an excellent post. It may indeed be that the judge wants to trump Armstrong in terms of the 'press release' with his own. Assuming this is true, it is both sad yet real. Sad that judges recognize that they are no longer isolated by the court walls and are evolving into celebrity status (e.g., Roberts, etc.). Real for the same reasons. I think this reflects the evolution of the law in the the Internet era. We can only hope that justice is blind. Well, maybe the saying should say, 'Justice is blind as long as there is no internet service.'....
Posted By : Anonymous

In an earlier version, I floated that a second exp...

Message posted on : 2012-07-11 - 14:31:47

In an earlier version, I floated that a second explanation was that the judge was playing to the crowd. I deleted it because I have too much faith in judges. But you're right that this is a possible explanation.
Posted By : Howard Wasserman

Howard, you are not alone. I used to have faith in...

Message posted on : 2012-07-11 - 14:58:52

Howard, you are not alone. I used to have faith in judges, too. I remember a friend once told me, 'if we can't trust judges, who can we trust?' From time to time, I think about that statement and it makes my stomach turn because I want it to be true (faith in judges). Anyway, your insights are always appreciated particularly from the procedural point of view. If I may say, your insight on USADA (the piece above this one) is correct as well. It's not a state actor and it is not an agent for the federal government. Maybe this Armstrong case will help clear things up, but this has presented all kinds of jurisdictional, substantive and procedural problems for lawyers, judges and arbitrators over the years (see the Butch Reynolds and Matt Lindland cases, for example).
Posted By : Anonymous

Exactly, if they uncovered this 10 years ago and f...

Message posted on : 2012-07-11 - 16:34:56

Exactly, if they uncovered this 10 years ago and found that Joe was helping with the cover up then would that not hurt recruiting? How many kids have gone to play there because JoePa was the coach? I think this cover up directly helped the team as well as getting Joe the wins record.
Posted By : Los Angeles Bankruptcy Lawyers

Are grand jury proceedings confidential? Does it m...

Message posted on : 2012-07-11 - 19:50:30

Are grand jury proceedings confidential? Does it matter if the government shared information with the USADA ?
Posted By : Anonymous

They are confidential while they are going on, the...

Message posted on : 2012-07-11 - 23:29:22

They are confidential while they are going on, they routinely are opened once proceedings are done.

No, it doesn't matter that the government shared information.

Posted By : Howard Wasserman

Florida State coach Bobby Bowden wants Paterno's s...

Message posted on : 2012-07-16 - 12:31:47

Florida State coach Bobby Bowden wants Paterno's statue gone because, “Every time they play a game in that stadium, the cameras are going to flash down on that statue of Joe, and it's going to bring up again this thing with Sandusky.� This is exactly why it must remain. If not, on a crisp fall day in front of 100,000 cheering fans, we will hear “how refreshing it is that the student body has gotten past its dark moment.�
Alongside the statue build a “never again� garden which students are encouraged to visit. Athletic departments at Penn St and elsewhere will be very ready to put “this thing with Sandusky�, as Bowden delicately states, out the memory of the student body, the public and their large donors.

Posted By : Cynic

An appropriate penalty would be to require Penn St...

Message posted on : 2012-07-18 - 10:18:52

An appropriate penalty would be to require Penn State to forfeit all of its football victories since Paterno learned of Sandusky's criminal acts but failed to report them. (This might be 1998, or it might be earlier.)

This would remove Paterno's name from the top of the all-time coaching victories list and from any association with coaching excellence.

I'm not saying that this should be the only penalty, but it should be part of the penalty.

Posted By : J Gordon Hylton

Not sure how punishing the athletes for something ...

Message posted on : 2012-07-19 - 14:09:28

Not sure how punishing the athletes for something they had no knowledge of and is not related to football games accomplishes anything. I think the sad saga alone has torched Paterno's legacy.

Why has there been no attempt to separate the game on the field from this story? This was not a football crime but a crime by a football coach.

I do not see Arkansas forfeiting wins b/c of Bobby Petrino.

Posted By : Anonymous

You can't unring the bell people saw those gam...

Message posted on : 2012-07-19 - 22:55:03

You can't unring the bell people saw those games they know the results and the school collected millions in revenue from ticket sales, donations, and TV rights from those games and will continue to because of them.

The better solution is to play three 10 game seasons with no more than five games at home. The revenue loss would roughly equal what those involved were paid while covering it up, it has real teeth, it avoids extreme harm to leaguge members and makes post-season hard but not impossible

Posted By : Mark F

I agree to the anonymous one.. You cant punish he ...

Message posted on : 2012-07-20 - 04:44:45

I agree to the anonymous one.. You cant punish he athletes if they don;t know or knowledge about the said crime..
Posted By : Robert Jones

The Arkansas situation can be distinguished on a n...

Message posted on : 2012-07-20 - 10:26:11

The Arkansas situation can be distinguished on a number of points even though I'm as far from being a fan of them as you can get.

1. Petrino didn't commit a crime, other than arguably an obstruction related to reporting the details of the accident. He was fired because he violated the university hiring policy.

2. The administration when made aware did not engage in a cover-up.

3. Law enforcement connected to the university was involved early and essential to revealing key details.

4. As the facts started to emerge Petrino admitted his wrong-doing.

5. The victims in the Arkansas matter were the job candidates unfairly excluded from consideration for the position.

Posted By : Mark F

This is a messy situation, because penalizing the ...

Message posted on : 2012-07-20 - 16:25:23

This is a messy situation, because penalizing the football team doesn't seem like you're punishing the right people. I'm not sure if this is the right response.

http://www.ansellgrimm.com/

Posted By : Anonymous

I don't get the people who say that you can&#3...

Message posted on : 2012-07-23 - 07:52:43

I don't get the people who say that you can't punish the athletes because they weren't aware of the crime. Thats how the NCAA does sanctions all the time. Not all Ohio state players knew about the illegal gifts but the school is punished. Current USC players had nothing to do with improper benefits for Reggie Bush but they had to bear the brunt of the punishment.

I think that its entirely reasonable to punish the football team for the wrongs of the Administration. The whole reason for the cover up was so the football team would not be harmed. If you punish the football team then it removes that incentive for all teams moving foward because the price for getting caught would simply be too high.

Posted By : Anonymous

Great. So the non-football areas of the school ge...

Message posted on : 2012-07-23 - 08:30:23

Great. So the non-football areas of the school get (searching for word appropriate to family blog) screwed because the football program runs the school.

Which only perpetuates the football program running the school.

If I'm a head coach, I'm looking for the best staff of pederasts I can find, knowing that the problem will make more money and that the NCAA will, as usual, turn a blind eye.

To coin a phrase, 'this wouldn't be happening if Kennesaw Mountain Landis or Mark A. Emerett were still alive.'

Posted By : Ken Houghton

Gordon - It seems that your proposal was one of th...

Message posted on : 2012-07-23 - 11:11:29

Gordon - It seems that your proposal was one of the items incorporated into the NCAA's sanctions that were announced today.
Posted By : Ed Edmonds

Sui generis is the word. Since when does the NCAA ...

Message posted on : 2012-07-23 - 13:21:34

Sui generis is the word. Since when does the NCAA barge in to what are basically criminal matters, which are supposedly the exclusive province of the state?

I'm no sports law expert, but has the NCAA *ever* hit an institution like this (or a player, for that matter) for criminal activity? What happens to the countless collegiate athletes each year who are arrested for DUI or possessory offenses? Surely their own institutions hit them, but does the NCAA?

As to the use of the term 'unprecedented' I don't think the severity of the punishment is that much worse than USC, but perhaps what is unprecedented is the use of the infractions committee for THIS TYPE of offense. USC, SMU, MSU etc. were all about unfair competitive advantages, and that is what the NCAA is there for. If you really stop and think about the underlying offenses here, they have very little to do at all with football. It's just that they took place in the context of football operations.

Posted By : Unknown

In the end, I think Unknown is right. What was unp...

Message posted on : 2012-07-24 - 14:54:04

In the end, I think Unknown is right. What was unprecedented was the fine and the process that was followed. The sanctions that will affect the program going forward are not so much worse than other schools receive. Expect to see Penn State at least competing for the Big 10 title within 8 years (4 years after the end of the sanctions).
Posted By : Howard Wasserman

Re defamation -- not only is truth a defense, but ...

Message posted on : 2012-07-24 - 16:12:57

Re defamation -- not only is truth a defense, but because Penn State is a public figure, it would have the burden of proving falsity, not to mention actual malice (knowledge of falsity or reckless disregard thereof).
Posted By : Unknown

MM, your obsession on this matter, and I mean that...

Message posted on : 2012-07-24 - 17:50:49

MM, your obsession on this matter, and I mean that in a nice way, is admirable. A quick search in the NCAA Manual itself reveals that the phrase 'consent decree' is not even found in its own Constitution or Bylaws! Consent decree does sound a lot like a governmental settlement. As you say, normally it is between the government (DOJ, e.g.) and some other body. How about this for conspiracy theory: the phrase consent decree was used because the DOJ and/or the DOE threatened to step in to the matter if PSU and the NCAA did not get it done quickly! Thus, pressure from the govt. sparked the phrase? Even worse for the NCAA, what if its 501 C 3 status was threatened by the govt. if they didn't act quickly! Just a thought....however, I think its is a REAL stretch to say that by using the phrase 'consent decree' that somehow the NCAA morphs into a state actor.
Posted By : Anonymous

Consent decree indicates acceptance by one party o...

Message posted on : 2012-07-24 - 19:33:26

Consent decree indicates acceptance by one party of judgment and an acknowledgement of, if not wrongdoing, the acceptance of responsibility and the need to change behavior going forward. That is what makes it different than an ordinary 'settlement.' I think they used the language to convey PSU's agreement to the judgment. But since none of this was in court, the formal meaning of consent decree never really came into play.
Posted By : Howard Wasserman

http://chronicle.com/blogs/players/ncaa-to-study-l...

Message posted on : 2012-07-25 - 16:17:26

http://chronicle.com/blogs/players/ncaa-to-study-limits-of-presidential-power-in-future-disciplinary-cases/30931

Looks like the NCAA is looking into how they just handled this as well?

Posted By : Anonymous

Looks like PSU is questioning the 'consent de...

Message posted on : 2012-07-25 - 16:58:20

Looks like PSU is questioning the 'consent decree'....

http://www.usatoday.com/sports/college/football/bigten/story/2012-07-25/penn-state-trustees-consent-decree/56485674/1

Posted By : Anonymous

Should be very interesting. Are the materials goin...

Message posted on : 2012-07-28 - 13:56:48

Should be very interesting. Are the materials going to be publicly available?
Posted By : Mark Conrad

Wasn't there an antitrust case against the LPG...

Message posted on : 2012-07-30 - 21:35:21

Wasn't there an antitrust case against the LPGA where a suspended golfer sued on antitrust grounds? The golfer argued that the discipline committee, which handed down the penalties, was comprised of her competitors. The competitors stood to benefit from the suspended player's absence.

The court ruled that the LPGA could hand out such penalties. Wouldn't that case apply to the hypothetical NCAA v. PSU?

Posted By : michael

Random thought: assuming the antitrust argument wa...

Message posted on : 2012-07-31 - 11:50:04

Random thought: assuming the antitrust argument was made by PSU, isn't the analysis based upon whether the action was primarily commercial in nature as opposed to non-commercial?
Posted By : Anonymous

If an antitrust challenge to the death penalty exi...

Message posted on : 2012-07-31 - 19:54:37

If an antitrust challenge to the death penalty exists, did SMU try it in the 80s, and if not, do you know why they didn't try to fight on those grounds?
Posted By : Anonymous

I will be going to a d.3 school to play soccer, ca...

Message posted on : 2012-08-02 - 01:30:16

I will be going to a d.3 school to play soccer, can i transfer the next fall to a d.1 and play right away?
Posted By : Anonymous

I appreciate the question about the SMU death pena...

Message posted on : 2012-08-02 - 07:01:33

I appreciate the question about the SMU death penalty. To the best of my knowledge, SMU never challenged the penalty themselves, but a group of cheerleaders, football players and alumni did. The challenge failed, in part based on standing. I have added a paragraph into the post discussing that. I have also included the paragraph it below:

While it is true that the U.S. Court of Appeals for the Fifth Circuit Court had rejected an earlier antitrust challenge arising out of the NCAA's first attempt to enforce its 'death penalty' (that time against Southern Methodist University), the posture of that case was a bit different. In that challenge, McCormack v. National Collegiate Athletic Association, the claim was brought by the schools' alumni, football players and cheerleaders, rather than by the boycotted school itself. Thus, the court determined that the plaintiffs lacked antitrust standing to bring suit, as well as that their challenge was merely an attack of reasonable athlete-eligibility rules. These conclusions would have been far harder to sustain if the suit had been brought by a school, challenging the financial implications of a boycott on their football revenues and merchandise sales.

Posted By : Marc Edelman

That was an incredibly interesting article. Thanks...

Message posted on : 2012-08-02 - 17:15:03

That was an incredibly interesting article. Thanks so much for posting that. It truly is astounding that the player could be liable for the transfer fee that he was never the beneficiary of.
Posted By : Unknown

Excellent article and thanks for sharing. As an av...

Message posted on : 2012-08-03 - 08:40:36

Excellent article and thanks for sharing. As an avid fan of the EPL I had always heard about the Mutu saga. It's amazing that all these years later the saga is still ongoing.

It seems quite odd that Mutu would be required to pay back part of the transfer fee. These fees are paid between clubs, and the player himself (without some type of 'sell-on fee') would not see any of the money. One would think a more appropriate remedy would be the payment of promised wages?

Posted By : Jesse Fries

Very good discussion. I used a two prong approach ...

Message posted on : 2012-08-04 - 19:36:30

Very good discussion. I used a two prong approach to separate a sport from an activity. One, scoring had to be objective in nature. Two, my success comes at your (the opponent's) determent. That is, I win, and you lose.

The first prong appears similar to your third test.

This prong rules out sports such as gymnastics, figure skating, and ballroom dancing where a judge needs to determine a winner.

In the second prong, activities such as track events and stroke play golf are eliminated. When a team scores a touchdown, the opposing team has yield a touchdown. In a race, no such event has occurred.

Match play golf and tennis tournaments should be considered a sport because you can directly defeat your opponent. In stroke play golf, no such outcome is possible.

Posted By : michael

In a race, if I win, how have you and all the othe...

Message posted on : 2012-08-05 - 07:29:18

In a race, if I win, how have you and all the other people in the race not lost? Why limit the definition only to 1-on-1 competitions?
Posted By : Howard Wasserman

The contemporary version of that '72 basketbal...

Message posted on : 2012-08-06 - 08:48:37

The contemporary version of that '72 basketball game was a semifinal women's fencing match.

In that case, the judges admitted the clock had not started and that the 'winning' touch was after the match was over.

But then said they didn't care.

And the idiots who heard the appeal backed them.

Posted By : Ken Houghton

For me the difference between a skill and a sport ...

Message posted on : 2012-08-06 - 09:39:09

For me the difference between a skill and a sport is whether you can directly alter your opponents strategy. Tennis vs Golf to me is the classic dividing line between skill and sport. In golf you are always better off getting the lowest possible score. What your opponent does is irrelevant, if you get your lowest possible score then there is nothing that your opponent can do to alter that.

Tennis is different- there are many cases where you should not hit your best shot and are instead better off altering your strategy to hit to your opponent's weakness. You can make an opponent come to the net if they have a poor net game. You can make them hit many backhands if they have a weak backhand. You can directly alter your opponent's choices.

Posted By : Damon

More likely, though, when Penn State travels to...

Message posted on : 2012-08-07 - 12:40:02

More likely, though, when Penn State travels to play away games in Iowa City and Lincoln--never easy places to visit--we'll see some fans who use the scandal to taunt the current players (players having nothing to do with the matter).

I've made several trips to Kinnick Stadium to see Penn State play the Hawkeyes and have found the fans to be classy and gracious. I expect the same on my visit this fall.

Posted By : Penn State Clips

What about standing? How does a rogue trustee show...

Message posted on : 2012-08-07 - 16:27:39

What about standing? How does a rogue trustee show an 'invasion of a legally protected interest'? Id. If the Trustees had been consulted and ratified the sanctions the rogue trustees wouldnt have any right to sue the NCAA would they? And wouldnt a claim that Erickson acted improrpely have to be brought against erickson -- by the Trustees as a body not be one lone trustee (or even a group of disgruntled trustees.
Posted By : Anonymous

Thanks for the link - going to look up that basket...

Message posted on : 2012-08-08 - 19:42:37

Thanks for the link - going to look up that basketball game, too!
Posted By : Anonymous

I am not limiting the definition to 1-on-1. In my ...

Message posted on : 2012-08-09 - 19:55:34

I am not limiting the definition to 1-on-1. In my previous example, I used football, which is a competition of 11-on-11. If score a touchdown, then you have yielded a touchdown. If I score a basket, then you have yield a basket.

1-on-1 basketball should be considered a sport just as 5-on-5 basketball should be considered a sport.

Doubles tennis, a 2-on-2 activity, would be considered a sport.

In a race, my opponent has yielded nothing.

Posted By : michael

No, Davis isn't right. For one, he wants the ...

Message posted on : 2012-08-10 - 20:39:05

No, Davis isn't right. For one, he wants the Russian team punished even though they were never alleged to have wronged anybody. His position is largely unsympathetic, as well, considering the US has won 13 of 17 Gold medals in men's basketball and destroyed all other teams in individual games, yet continue to whine about only winning a silver medal once.

It's terribly sad that Davis cannot move on. He was not a good player for that team and never played professional basketball, but I heard he has done some motivational speaking on how to be a poor sport. As in: 'take a perceived slight from your earlier life and focus on it until it festers inside you like a cancer making you more and more angry at the world. Oh, and don't do drugs, kids'.

Posted By : SkeptiSys

Congrats to three of our very own: Michael McCann,...

Message posted on : 2012-08-13 - 16:47:44

Congrats to three of our very own: Michael McCann, Marc Edelman and Gabe Feldman. Representing the Sports Law Blog!!!
Posted By : Warren K. Zola

So it would be equally civil for people to public ...

Message posted on : 2012-08-13 - 21:02:37

So it would be equally civil for people to public ridicule those who openly identify as Catholic to give them some good natured ribbing about how child sexual abuse scandals proved that institution is not 'holier than thou'? Such speech might be protected in the United States, but to suggest that it's 'civil' sets an absurdly low bar for public discourse.

I guess since it's 'just' sports it doesn't matter that much. Then again, you write for 'just' a Sports Law Blog.

Posted By : Fair process

Great post, Warren. Additionally, the NCAA provid...

Message posted on : 2012-08-14 - 10:38:39

Great post, Warren. Additionally, the NCAA provides an exception for the full-time enrollment requirement for Olympic participation (and other competitions detailed below). We see this come up in the Yeo case that I discuss in an article I drafted for UVA back in 2005 on disappointment lawsuits ('Splinters from the Bench'...http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1324880).

14.1.8.3.3 Olympic Games, Pan American Games, World Championships, World Cup, World
University Games or World Youth Championships—Competition.

The Progress-Toward-Degree Waivers Committee (see Bylaw 21.7.5.1.3.2) may waive the minimum full-time enrollment requirement for any participant in the Olympic Games, Pan American Games, World Championships, World Cup, World University Games or World Youth Championships (including junior levels of such events) who, because of such participation, may lose eligibility for practice and competition in any sports.

Posted By : Tim Epstein

Thanks Tim. Fascinating stuff; lots of chatter on...

Message posted on : 2012-08-14 - 10:52:59

Thanks Tim. Fascinating stuff; lots of chatter on this topic. And some are asking about the comparison to Enes Katner as well....
Posted By : Warren K. Zola

Thanks, Warren. To be clear as to my client, Enes...

Message posted on : 2012-08-14 - 12:11:22

Thanks, Warren. To be clear as to my client, Enes, he never received cash payments that could not be reconciled with NCAA-permissible expenses ('actual and necessary') despite reports to the contrary. Fenerbahce actually owed the Kanters money for reimbursement of permissible expenses over the three years that Enes played with the Turkish club. The NCAA produced an overage in money based on the following:

1) The NCAA would not look at monies owed versus received over Enes' three years with Fenerbahce. The NCAA would only look at each individual year, so if Fenerbahce owed the Kanters $50K in food/housing, etc., from the first year, that was not looked in totality with the third year where reimbursement from the prior two years was considered. In other words, Enes was only found to have an overage in his final year with Fenerbahce. The Club owed the Kanters money from years one and two.

2) The NCAA used the national statistics for Turkey on valuation of the expenses. I used an Economist Intelligence Unit Report and Numbeo to get cost of living in the Kadikoy District in Istanbul. National statistics takes into account sheep herders on the border with Iraq. So, obviously, the NCAA's numbers were severely deflated.

3) The NCAA did not allow us to claim educational expenses since Fenerbahce gave money to Dr. Kanter to pay for tutors, etc. The NCAA only allows expenses on education if the club pays the educational provider directly.

4) The NCAA would only allow expenses to be claimed for the basketball season itself, no preseason/training.

Thus, the unfortunate case of Enes, son of a RN and a university dean/professor, who just wanted to play college ball in the US.

Posted By : Tim Epstein

Great post, Warren. Isn't all of this consiste...

Message posted on : 2012-08-14 - 14:14:01

Great post, Warren. Isn't all of this consistent with the purpose and intent of the Amateur Sports Act? The NCAA cannot stand in the way of the USOC's exclusive authority to administer the Olympic program.
Posted By : Dionne Koller

Thanks Dionne. Unfortunately, I truly have lost a...

Message posted on : 2012-08-14 - 22:38:30

Thanks Dionne. Unfortunately, I truly have lost any sense of predicting what rulings emanate from the NCAA. Every time they do something reasonable, it's of great relief but still a surprise.
Posted By : Warren K. Zola

Alan, your hockey question (and several similar &q...

Message posted on : 2012-08-14 - 23:59:07

Alan, your hockey question (and several similar 'crazy sports questions') is answered in a book entitled
'Andy Roddick Beat Me With a Frying Pan'. The author's name eludes me. But the short answer to the hockey question is yes and no. In an experimental game, a college hockey goalie was fitted with a 'fat suit' that made home comparable in size to the world's largest man. He did fill the entire goal, but eventually the cumulative effect of being hit by the puck in un-padded areas (he still had to wear legally sized goalie equipment) eventually caused him too much pain to finish the game (even with the protection of the fat suit).

Posted By : Anonymous

Dionne - certainly the NCAA should respect the aut...

Message posted on : 2012-08-15 - 10:59:34

Dionne - certainly the NCAA should respect the authority of the USOC to administer the Olympic program. However, the NCAA is well within its rights to tell potential student-athletes (PSAs) and current student-athletes (SAs) that they cannot accept any monies based on performance, Olympics or not. The NCAA consciously and voluntarily carved out this exception.
Posted By : Tim Epstein

Very interesting points. However, I could see the ...

Message posted on : 2012-08-15 - 12:47:32

Very interesting points. However, I could see the NCAA arguing that negotiating with 12 retired, professional players is a much simpler endeavour than negotiating with the hundreds (or even thousands) of NCAA student-athletes. Thus, the NCAA could argue that it provides athletes with a benefit by acting as a conduit and simplifying the transaction costs associated with such negotiations.

Additionally, the former players are all professionals and, likely, have a team of agents and managers capable of protecting their interests in any negotiation, not to mention the benefit of experience through previous endorsement negotiations. This creates equal bargaining power between 2K Sports and the Dream Team members. Conversely, I believe NCAA rules forbids athletes from being in contact with agents. Again, the NCAA could argue that it has the resources to be in a better position to fairly negotiate than its students-athletes. At the same time some Olympians are able to negotiate sponsorship deals while maintaining their amateur status. I would guess that if O'Bannon is successful, this rule could be abolished.

Just the two cents of a law students who loves sports, for what it's worth.

RP

Posted By : Anonymous

Very interesting points. However, I could see the ...

Message posted on : 2012-08-15 - 12:50:27

Very interesting points. However, I could see the NCAA arguing that negotiating with 12 retired, professional players is a much simpler endeavour than negotiating with the hundreds (or even thousands) of NCAA student-athletes. Thus, the NCAA could argue that it provides athletes with a benefit by acting as a conduit and simplifying the transaction costs associated with such negotiations.

Additionally, the former players are all professionals and, likely, have a team of agents and managers capable of protecting their interests in any negotiation, not to mention the players also have the benefit of experience through previous endorsement negotiations. This creates equal bargaining power between 2K Sports and the Dream Team members. Conversely, I believe NCAA rules forbids athletes from being in contact with agents. Again, the NCAA could argue that it has the resources to be in a better position to fairly negotiate than its students-athletes. At the same time, Olympians are able to successfully negotiate their own sponsorship deals while maintaining their amateur status. I would guess that if O'Bannon is successful, this rule could be abolished.

Just the two cents of a law students who loves sports, for what it's worth.

RP

Posted By : Anonymous

I know it wasn't intentional but sexemption is...

Message posted on : 2012-08-15 - 14:24:38

I know it wasn't intentional but sexemption is a great word.
Posted By : Unknown

Laettner played on the dream team in July/August 1...

Message posted on : 2012-08-15 - 14:34:15

Laettner played on the dream team in July/August 1992 and was drafted into the NBA in June 1992. Without getting into semantics regarding when practice started, when rosters were finalized, etc., his Dream Team performance took place when he was a pro.
Posted By : Anonymous

Laettner had graduated from Duke in May 1992 and w...

Message posted on : 2012-08-15 - 14:43:30

Laettner had graduated from Duke in May 1992 and was drafted by Minnesota in June 1992. While I have no idea if he was under an NBA contract that summer, he had exhausted his eligibility and certainly was no longer an amateur as the NCAA defines it.
Posted By : Pat

Calling Laettner a college player in the context o...

Message posted on : 2012-08-15 - 18:01:00

Calling Laettner a college player in the context of the Dream Team seems a little off, considering he played his final college game on April 6th, the Dream Team had their first practice in June after he graduated from college, he was drafted by Minnesota on June 24th, the Dream Team played their first real game on June 28th and the Olympics actually started in late July. So, he was basically a rookie NBA player by the time that the Dream Team took the court.
Posted By : Anonymous

Jeremy Bloom = can't take endorsement income, ...

Message posted on : 2012-08-16 - 07:58:57

Jeremy Bloom = can't take endorsement income, turned pro and gave up college football.

Tom Zbikowski = could take prize money for boxing match at MSG, remained eligible in football.

Missy Franklin = can take prize money from USOC for medals, but not her NGG, US Swimming

I want to hear someone explain the logic behind this reasoning once and for all.

Posted By : Anonymous

Good luck Warren and Zarren! I cannot imagine two...

Message posted on : 2012-08-19 - 21:27:20

Good luck Warren and Zarren! I cannot imagine two more deserving people.
Posted By : Marc Edelman

I can't help but feel this article is biased: ...

Message posted on : 2012-08-22 - 11:58:45

I can't help but feel this article is biased: Mutu has been caught doing cocaine again in 2010, so making this look like a one-off in a difficult period in his live is very much a lie.

It is also very important to remember that his actions where illegal, and caused Chelsea great financial damage.

Remember, if his transfer sum was ignored when calculating damages, Fifa would have created a very dangerous precedent: are you unhappy with your club, but under contract for a few more years? Take some cocaine, have a 7 month holiday, and sign for any club you like, for free!

Posted By : Anonymous

I have always said the best test for hiring would ...

Message posted on : 2012-08-22 - 22:37:32

I have always said the best test for hiring would be the law students who were in the to third of their class and also consistently closing the bars on Thursday through Sunday! Being a good lawyer takes skills well beyond test taking?
Posted By : Steven H. Silton

I have always said the best test for hiring was a ...

Message posted on : 2012-08-22 - 22:38:57

I have always said the best test for hiring was a law student in the top half of the class that was also consistently out at bar closing!
Posted By : Steven H. Silton

Why is it such a foregone conclusion that his titl...

Message posted on : 2012-08-24 - 01:07:29

Why is it such a foregone conclusion that his titles will be stripped when it isn't in USADA's authority? Seems to only be UCI realm of power, and they haven't been thrilled with USADA lately.
Posted By : Anonymous

Most of the people who have watched competitive cy...

Message posted on : 2012-08-24 - 08:46:46

Most of the people who have watched competitive cycling over the past two decades have been waiting for years for the Armstrong/Bruyneel How I Did It book.

(Yes, his teammates know who won those seven Tours--including the one where finishers 2-5 were all subsequently punished for doping. It's a shame Bruyneel isn't so visible as Armstrong, or we might get the book sooner.)

Posted By : Ken Houghton

Great analogy to the Pete Rose situation!!! Many o...

Message posted on : 2012-08-25 - 16:52:13

Great analogy to the Pete Rose situation!!! Many others, too. Don't forget Marion Jones.
Posted By : Anonymous

Really interesting article, from an outsiders poin...

Message posted on : 2012-08-27 - 17:40:05

Really interesting article, from an outsiders point of view, re-payment in line with wages would seem more appropriate. As you mentioned the player does not have a say in the fee paid from one club to another. Had he have known he may well have not wanted to take on £17m+ of liability when he signed for chelsea!
Posted By : Anonymous

The claim that EPO is harmless, which none on the ...

Message posted on : 2012-08-28 - 17:32:49

The claim that EPO is harmless, which none on the panel protested, is false.
Posted By : Cynic

Rather than ask fans to be more sensitive, why not...

Message posted on : 2012-08-29 - 10:55:11

Rather than ask fans to be more sensitive, why not just ban the use of sacred or traditional tokens and rituals at the stadium? Or better yet, why not select a new mascot? Hundreds of other high schools and colleges have done so with much success.
Posted By : Anonymous

I watched the video. Thanks for posting. Given the...

Message posted on : 2012-08-29 - 13:18:33

I watched the video. Thanks for posting. Given the nature of the subject matter, the medium of the outreach (YouTube), and the tone and sincerity of the A.D., I don't see how any reasonable person could not appreciate the effort the A.D. made to demonstrate sensitivity to the issue by asking fans to respect the university and its nickname without resorting to the use of stereotypical imagery. If someone really has an issue with imagery, don't give FSU a free pass. The Seminole tribe is split on the issue, yet a Caucasian Chief Osceola and the white horse Renegade still march to the center of the field in Native American regalia....and a flaming spear!
Posted By : Anonymous

I agree with you that athletic must have good envi...

Message posted on : 2012-08-30 - 09:53:36

I agree with you that athletic must have good environement including their safety measures. Raz Silberman says 'give your employees purpose -- make them essential to your growth and show your appreciation for their accomplishments. Money buys a lot of things, but it doesn't buy success.'
Posted By : High Salaries Yield Mediocre Results in Sports and Business

Remarkable story. Because of the role athletics p...

Message posted on : 2012-08-30 - 16:35:48

Remarkable story. Because of the role athletics plays in society, the impact on health needs to be the standard. Otherwise, high school kids (+younger) are encouraged to use EPO and other dangerous PED's.
Posted By : Cynic

I am a Utah alum (2005) and I honestly can't r...

Message posted on : 2012-09-02 - 22:30:42

I am a Utah alum (2005) and I honestly can't remember any wide-spread use of Indian garb (as it were) at sporting events. Maybe one or two headdresses, but never any tomahawks or Indian-style face painting. The mascot is an eagle, as well (http://graphics.fansonly.com/schools/utah/graphics/spirit-team/swoop-200x268.jpg). I'm not familiar with other teams, but the old stereotype of violent, scalping indians doesn't really exist at Utah, at least from my anecdotal experience
Posted By : JC

As for your golf point, both Clinton and Obama hav...

Message posted on : 2012-09-03 - 11:09:00

As for your golf point, both Clinton and Obama have lied about their scores, handicaps, and other
lies common to most golfers. So yes I can imagine it.
Not excusing anyone puffing on their sports feats but it is hardly uncommon from Pols of both parties...

Posted By : Yorgo49

Where does that even come from? i see that all ove...

Message posted on : 2012-09-03 - 14:35:23

Where does that even come from? i see that all over the internet as an excuse for Ryan. There is no evidence that Obama has lied about his scores or handicap.
Posted By : acm

When I first read Paul Ryan's comments I immed...

Message posted on : 2012-09-03 - 16:00:33

When I first read Paul Ryan's comments I immediately thought 'four minutes and fifty two seconds'. That was my best time in high school for running a mile. That was in 1970. Not the fastest time for a prep school runner but not too bad either. Forty two years later I have no trouble remembering that time.
Posted By : kd

Wow! I thought the league was taking a big risk by...

Message posted on : 2012-09-04 - 04:26:16

Wow! I thought the league was taking a big risk by going with replacement refs, but this takes it to a whole other level. My original concern was that using the replacements would make it appear the NFL doesn't care about safety, hurting itself in the current negligence case brought by 2,000 former players. Beyond solidarity, this piece of info is another reason the players should walk - In Case You Missed It
Posted By : Shane

While I agree that it's a shrewd move by the O...

Message posted on : 2012-09-04 - 10:55:18

While I agree that it's a shrewd move by the O'Bannon camp, I don't see how their plan of paying players for all television revenue is feasible (or would hold up under questioning as a legitimate alternative).

As McCann pointed out, the system as described invariably leads to kids at larger, powerhouse teams making more money than say a kid at Bucknell (just pulled Bucknell out of a hat - no offense to the Bisons).

By expanding the breadth of his lawsuit beyond getting paid for a likeness on a video game, his case is starting to look like it may implode because he brought in too many complex issues that will distract from his original complaint.

Posted By : Myles Solomon

The concept of frequent no-calls increasing the ri...

Message posted on : 2012-09-04 - 12:53:26

The concept of frequent no-calls increasing the risk of injury is not a new one. It happens quite frequently in soccer. Yes they are different sports, but the concept remains the same. The concept on basis goes back to parenting and teaching elementary, have control or somebody gets hurt. Watch enough soccer matches and you will see how referees can dictate the flow and pace of a game, and you will eventually hear a sportscaster blame an injury on the ref directly. Not football, but a larger pool of refs in soccer can lead to a lower talent pool.
Posted By : kcumbest

Fair point. But that again assumes that replacemen...

Message posted on : 2012-09-04 - 13:21:58

Fair point. But that again assumes that replacement refs will err on the side of non-calls rather than over-calls. What evidence do we have for an assumption in either direction?
Posted By : Howard Wasserman

I thought the same thing. Too few people care whet...

Message posted on : 2012-09-04 - 21:21:20

I thought the same thing. Too few people care whether or not players dope or not. Not saying he did though. If anything people have totally backed him no matter what.
Posted By : Kevin W.

Interesting read. I work in law in the UK and over...

Message posted on : 2012-09-06 - 11:25:04

Interesting read. I work in law in the UK and over here, fantasy sports are the next thing we're going to add on to the Olympic games. It is at least a secret national sport commonly played while sitting on the toilet in this country.
Posted By : Jim Loxley

If a qb is injured on a roughing penatly, does it ...

Message posted on : 2012-09-07 - 13:45:18

If a qb is injured on a roughing penatly, does it matter of the flag was thrown or not? He's still hurt, the only difference being if he 'got anything out of it'.
Posted By : Anonymous

'The report said its outside investigator, Mi...

Message posted on : 2012-09-07 - 22:24:16

'The report said its outside investigator, Michael Glazier, chair of the Collegiate Sports Practice Group in the firm of Bond, Schoeneck & King, PLLC, 'found no evidence of major NCAA violations.'

Interesting that this may also have been said in the Penn State situation and the NCAA took action.

One wonders if that may be the case here. Dr. Emmert has established the NCAA as an arbiter in matters beyond the NCAA manual. were I BU, I would pay attention.



Posted By : Anonymous

Forget player safety in the NFL. What about the c...

Message posted on : 2012-09-09 - 10:57:50

Forget player safety in the NFL. What about the college ranks? 2 players were carted off the field with neck injuries yesterday; one had to receive a tracheotomy on the field. The nature of the rules in the NFL makes it a safer league. Why won't the NCAA protect 18-22 year old (UNPAID) kids with better rules, i.e. no 'spearing' or leading with the helmet? Will Swann
Posted By : Anonymous

Tell that to Jake Locker and Nate Washington.

Message posted on : 2012-09-09 - 18:11:45

Tell that to Jake Locker and Nate Washington.
Posted By : Anonymous

1 player can completely transform an NBA team in w...

Message posted on : 2012-09-09 - 22:38:47

1 player can completely transform an NBA team in ways that are basically impossible in the NFL. There are plenty of examples of teams going from bad to contenders almost overnight by drafting one player - LeBron, Bird, Jordan.....The Bucks won 27 games in '68-'69, then drafted Kareem and more than doubled that total his first year, going to the conference finals.

It's simply a numbers game. There are 5 starters on an NBA team, and 22 on an NFL team (not including kickers, punters, etc). The NBA showcases and rewards individual greatness more, just by the nature of the game. So one high draft pick can be huge, and worth throwing a season for.

Posted By : Anonymous

I didn't say football isn't a violent game...

Message posted on : 2012-09-11 - 07:53:10

I didn't say football isn't a violent game in which people are going to get hurt. I said there is no obvious way to draw a causal link between bad officiating and any single injury. Washington got hit hard, but no one went in high or lead with their helmets or did anything else worthy of a penalty or fine. And Locker got hurt trying to tackle someone, which most quarterbacks don't do. So, yeah, they were hurt. But it had nothing to do with the officiating.
Posted By : Howard Wasserman

I think setting up a trust fund for athletes is a ...

Message posted on : 2012-09-11 - 15:16:08

I think setting up a trust fund for athletes is a great 'loop-hole' to the idea of professional atheltes in college. The NCAA does not wish to pay atheltes (really does not wish to decrease their profits) because it wishes to keep college atheltes on the amateur level, however I think setting up a trust will keep the spirit of being an amateur athelte while also giving the atheltes the ability to save money they rightfully deserve. I do not believe the NCAA and schools should be able to profit and exploit student athletes as they do. Further,as pointed out, not ALL atheltes receive a full ride to college. Some student-athletes have to foot a large portion of the bill. Why not allow students to save money in a trust to lessen the blow of financial debt when they graduate? I understand the reasoning behind not wanting to create salary athletes, but I do not see a problem with setting up a trust for student-athletes. Yes, I am sure it will come with a handful of difficulties, problems, and questions, but like any new proposed idea, time will help work everything out. Will be interesting to see the NCAA's and the court's next move. Let the fun begin.
Brittany Fink

Posted By : Anonymous

Do current or former college coaches receive money...

Message posted on : 2012-09-12 - 12:27:48

Do current or former college coaches receive money from the NCAA or the video game companies for using their likeness?
Posted By : Ben Long

Come on, that's hardly the whole story. Did y...

Message posted on : 2012-09-12 - 17:03:45

Come on, that's hardly the whole story. Did you see the game?

Locker got hurt trying to takle someone after play should have been stopped. Upon review, the pass was in fact called incomplete and the ball returned to the Titans. The whistle should have been blown and play should have been stopped before contact was made between Locker and Chung. Because of bad refereeing, play was allowed to continue when it shouldn't have been, and a player was hurt.

You better bet Goodell was on the short list for Jake Locker's MRI results. If this had been a season-ending injury for Locker, how do you think negotiations between the refs union and the NFL would have changed? How would the players union have responded?

Posted By : Anonymous

I saw the play. And that goes to the point of my o...

Message posted on : 2012-09-13 - 15:47:48

I saw the play. And that goes to the point of my original post--that is an unbelievably long chain of causation to get from that wrong call to that injury. Replay showed the call was wrong--Regular refs are having calls overturned on replay constantly, particularly of the catch/non-catch variety. There is no way to show that regular refs wouldn't have made the exact same call in that situation.
Posted By : Howard Wasserman

There is an interesting argument floating around t...

Message posted on : 2012-09-13 - 16:54:54

There is an interesting argument floating around that the NCAA may not have jurisdiction over the UNC case because, whether the courses at issue were shams, athletes were not being treated differently from non-athletes. The NCAA is not, at least currently, an all-purpose overseer of a school's general academic integrity. If a school wants to offer no-show classes or no-show majors or absurdly easy classes, it can do so. So long as student-athletes are being treated the same as non-athletes for those purposes, the NCAA should be satisfied.
Posted By : Howard Wasserman

Were it a true Moneyball analysis, that would be t...

Message posted on : 2012-09-14 - 14:13:22

Were it a true Moneyball analysis, that would be the equivalent of 'stay the frack away from these guys; you'll get better value from other faculty.'

This is signing Jason Giambi, not Jeremy.

Yoo (and his lead author) cannot even get Moneyball right.

Posted By : Ken Houghton

Can someone please tell me why professional athlet...

Message posted on : 2012-09-14 - 22:11:48

Can someone please tell me why professional athletes still want to be a part of a union? The only reason that the salary cap, restricted free agency, a max contract, and even lockouts are only possible because of the non-statutory labor exemption made possible by the players forming a union. In return the players get a minimum salary and pension benefits. This just seems to be a terrible tradeoff for the players. Have 50% of the players say that they no longer are willing to have union representation. Do it before the last CBA expires and get a declaratory judgment that a lockout is illegal without the non-statutory labor exemption. (remember that in the NBA- the courts never said that the lockout was legal, only that they were prohibited from granting an injunction stopping the lockout) Then the lockout becomes illegal and players are allowed to go to the highest bidder without worrying about salary caps or any of the other salary restrictions that the owners keep pushing for.
Posted By : Anonymous

Outfielders dive because they don't have the b...

Message posted on : 2012-09-18 - 09:07:22

Outfielders dive because they don't have the ball yet and may be the only way they can get their glove into the right position. Comparing outfielders diving for balls with players diving intom1st just seems silly, IMO. That said, I have no idea whose right.

Based on my experience as a fan watching replay used in the NFL and NHL, I have no expectation that replay used by MLB will either be timely or more accurate. A booth official or central site like in the NHL might be better time wise but their calls have been less than stellar IMO.

Of course my opinions are simple anecdotes but the big concern I have is the time. Baseball games are already long enough. While it's important to get the calls right, you don't want your viewers falling asleep in the 5th inning.

Posted By : Demented Turnip

'Mel Blount Rule was implemented in 1978 to o...

Message posted on : 2012-09-18 - 20:11:13

'Mel Blount Rule was implemented in 1978 to open up the passing game; essentially, it limits the contact on WRs to one chuck within five yards of the line of scrimmage.'

I have always heard of that referred to as the Isaac Curtis Rule, after the treatment he received in a Bengals-Dolphins first round playoff game.

On the question itself, seems like a lot of changes just to stop cornerbacks from attempting to kill WRs. If that's really your issue, make contact in the air a penalty (the equivalent of hockey, where jumping into a player makes any infraction at least a five-minute major; why should CBs be different than defensemen?).

Posted By : Ken Houghton

So to decrease the amount of concussions, to me it...

Message posted on : 2012-09-19 - 11:49:20

So to decrease the amount of concussions, to me its clear that you have to just increase passing within the game. One step that I think we can take is establishing the one-foot in the end zone rule. Maybe that might reduce the amount of goal line plays.
Posted By : Reggie

I'm not an avid fan of NFL although I understa...

Message posted on : 2012-09-19 - 16:29:22

I'm not an avid fan of NFL although I understand a bit of their guidelines. I was just being curious about this game when I read the article that they are donating $30 Million for Brain Injury research. I was just thinking how they took care of their players when danger occurs.
Posted By : Anonymous

This man is just afraid to face Manny Pacquiao in ...

Message posted on : 2012-09-24 - 03:34:02

This man is just afraid to face Manny Pacquiao in the ring! Coward!
Posted By : Charles

Bottom line is this...the 'NFL' ie Goode...

Message posted on : 2012-09-24 - 11:56:35

Bottom line is this...the 'NFL' ie Goodell, is an employee of the 32 owners. THAT is where the pressure needs to be directed to get this deal done. The fact that blown call are occurring is frightening ESPECIALLY from an injury standpoint. The Heyward-Bey no call was appalling. The other problem is the TIME it is taking to make and decide a routine call....these guys are taking 5min to make a call that should be made on the spot. Look at the average times of an NFL game this season. The games are taking close to 4hrs because of the constant delays. Needs to be fixed...FAST.
Posted By : James O'Brien

I also agree that Armstrong and his Livestrong fou...

Message posted on : 2012-09-24 - 22:45:40

I also agree that Armstrong and his Livestrong foundation will not suffer a dramatic hit. Most folks (myself included) don't really care if Armstrong was a 'clean' champion. We view Armstrong as a guy who was knocked flat on his back by life, fought back against cancer, and then went out and won the Tour de France seven times. With reports that most cyclists at this time were involved in some type of doping, the storyline doesn't really change because he still beat all the other dopers who didn't have to overcome cancer just to live --- let alone ride. His run is the only time I can remember average sports fans being excited about cycling, and most of us would struggle to even name another cyclist (clean, champion, or otherwise). Would his successes be sweater if he had been clean? Yes. Does the likelihood that he was doping completely ruin the inspiration? In my opinion, no. Also, as long as Livestrong continues to produce good products (stylish and functional) and supports the good cause of helping those impacted by cancer, I believe the organization will continue to be successful.
Posted By : Holley Hutchison

It's funny that this was posted BEFORE the Sea...

Message posted on : 2012-09-25 - 14:53:11

It's funny that this was posted BEFORE the Seahawks/Packers debacle last night. That just multiplies this problem tenfold - now we have a blown call that actually and unequivocally decided the outcome of a game. Any update base on that?
Posted By : Anonymous

'This type of argument crystallizes the minut...

Message posted on : 2012-09-25 - 17:18:41

'This type of argument crystallizes the minute an NFL player is injured because of a bad call.'

That has already happened here: http://www.nfl.com/news/story/0ap1000000059950/article/tennessee-titans-jake-locker-suffers-shoulder-injury

The scab ref's don't blow the play dead the on the incomplete pass and allow a defender to take the ball and run with it, resulting in a shoulder injury to Jake Locker who makes the tackle.


Posted By : Michael

Interesting post, Milstein. I'm not sure the ...

Message posted on : 2012-09-25 - 17:23:20

Interesting post, Milstein. I'm not sure the regular ref crew (who, if you remember, couldn't make heads or tails out of a Jerome Bettis-called coin flip) would make the 'correct' call, whatever that may be. If anything, though, I think that play shows that it's time for the NFL to end the ridiculous rule that a walk-off TD still needs to be capped with a meaningless extra-point.
Posted By : Aaron

could it be argued that the NFL negotiated the cur...

Message posted on : 2012-09-25 - 18:28:49

could it be argued that the NFL negotiated the current NFLPA CBA 'in bad faith' knowing full well that they would't be able to negociate a new NFLRA agreement before the season started, this placing their players in harm's way?
Posted By : Anonymous

how about the NFL negociating the new CBA in bad f...

Message posted on : 2012-09-25 - 18:31:23

how about the NFL negociating the new CBA in bad faith knowing full well they would never be able to close an agreements with the refs in the first place?
Posted By : Anonymous

I think it would be difficult for the NFLPA to pro...

Message posted on : 2012-09-26 - 01:36:46

I think it would be difficult for the NFLPA to prove to the satisfaction of the NLRB (or whoever would eventually hear the case) that the current conditions under the replacement refs are abnormally dangerous when compared to the normal dangers of playing in the NFL. Abnormal, in this context, has to mean something more than merely out-of-the-norm. In addition, couldn't it be argued that the players who commit more (or more egregious) rule infractions because they think they can now get away with it the real cause of the abnormally dangerous conditions? And, if so, does that absolve the NFL for failing to field competent officials? Probably not, but if I were representing the NFL I'd still make the argument.

Personally, I'd love to see the NFLPA go on strike over this. Legally, an application for a preliminary injunction in federal court is probably the better choice - or at least a good first step.

Posted By : echasseur1

I agree to what Aaron had to say, these sounds to ...

Message posted on : 2012-09-27 - 05:08:03

I agree to what Aaron had to say, these sounds to be quite an influential blogpost, love the idea on it..
Posted By : Fender @ Maryland auto accident lawyer

well, this looks pretty good. I wonder if there i...

Message posted on : 2012-09-28 - 20:22:53

well, this looks pretty good. I wonder if there is registration fee?
Posted By : Anonymous

I'm quite certain that the way it works with m...

Message posted on : 2012-10-01 - 16:09:22

I'm quite certain that the way it works with most morals clauses is that it gives the sponsor the right to terminate the relationship and no longer make payment$ to the endorsee. These clauses usually do not trigger a lawsuit to recover past money paid. It's more 'cut our losses now' than 'recover past money.' It all depends, however, one how the morals clauses is worded, of course.
Posted By : Anonymous

There is a $40 registration fee for the Sport Mana...

Message posted on : 2012-10-03 - 15:07:39

There is a $40 registration fee for the Sport Management Conference that begins on Thursday October 11 and completes on Friday October 12. There are several guest speakers as well as panels as part of the conference.
Posted By : Anonymous

Totally agree. Though I'd note the Rangers nev...

Message posted on : 2012-10-04 - 18:23:08

Totally agree. Though I'd note the Rangers never once this season (including and especially on the final day) had a team ahead of them. So the incentive to 'catch' was really the Athletics'.
Posted By : Anonymous

What an unmitigated disaster this labor negotiatio...

Message posted on : 2012-10-04 - 23:48:25

What an unmitigated disaster this labor negotiation has been. The owners started negotiations with a scorched earth offer. They couldn't even justify why they were asking for some of the concessions they wanted. To Fehr and the NHLPA, it sounded like the attitude was 'because we can'. They don't need a mediator, they need couples therapy.
Posted By : Mike

Would arbitration require the owners to open their...

Message posted on : 2012-10-05 - 10:00:15

Would arbitration require the owners to open their books? The owners have never disclosed their non-player costs or non-HRR ancillary revenues. Disclosing that information to the arbitrator might give the NHLPA and the world access to that information. It would prove if the owners are lying about their financial difficulties, or show they're telling the truth and significantly reduce the book value of their franchises. Might be a non-starter for the owners if thats the case.
Posted By : Mike

I really appreciate your post and you explain each...

Message posted on : 2012-10-06 - 00:50:45

I really appreciate your post and you explain each and every point very well. Thanks for sharing this information. And I'll love to read your next post too.

Professional Legal Network

Posted By : Professional Legal Network

Howard, how much baseball did you play? A 'l...

Message posted on : 2012-10-06 - 03:46:51

Howard, how much baseball did you play? A 'late' infield fly call defies the purpose of the rule, as you state. The purpose of an immediate call is to advise the runners whether they can stay put or should run 'half way'. Note in this case, because the ball was in the outfield, the runners were already moving. It was unquestionably a 'bad' call for any veteran baseball player who played at any competitive level.
Posted By : Anonymous

Whether the call was impermissibly late says nothi...

Message posted on : 2012-10-06 - 16:06:58

Whether the call was impermissibly late says nothing about whether the call itself was correct in that the IFR did apply and the batter should be out.

Plus, the play remains live once the batter is called out and the runners can advance at their own risk. The runners were not disadvantaged by the lateness of the call, since they ended up on second and third. So I'm not sure how the lateness here made the call particularly bad by disadvantaging the runners.

Posted By : Howard Wasserman

Though I agree with you, Howard, that this call co...

Message posted on : 2012-10-06 - 21:52:26

Though I agree with you, Howard, that this call could technically be correct from the text of the rule and the definition of ordinary effort, what are the ramifications of such a bad call? I say bad call because how many times during a season will an infielder and outfielder chase after the same ball, but to end in a miscommunication like on Friday. Even baseball video games are not programmed to have this strict of an interpretation of the rule (at least the ones I have played). Because a professional infielder should be able to cover a fair section of the outfield with ordinary effort, will other umpires start making similar calls? Hopefully not. Considering the recent backlash at this call and lumping the problems in the NFL, I presume the rule will be amended to restrict the infield fly rule to actual pop-ups in the infield. Or am I wrong with that prediction? Thomas H.
Posted By : Anonymous

Though I agree with you, Howard, that this call co...

Message posted on : 2012-10-06 - 21:53:42

Though I agree with you, Howard, that this call could technically be correct from the text of the rule and the definition of ordinary effort, what are the ramifications of such a bad call? I say bad call because how many times during a season will an infielder and outfielder chase after the same ball, but to end in a miscommunication like on Friday. Even baseball video games are not programmed to have this strict of an interpretation of the rule (at least the ones I have played). Because a professional infielder should be able to cover a fair section of the outfield with ordinary effort, will other umpires start making similar calls? Hopefully not. Considering the recent backlash at this call and lumping the problems in the NFL, I presume the rule will be amended to restrict the infield fly rule to actual pop-ups in the infield. Or am I wrong with that prediction? Thomas H.
Posted By : Anonymous

It was the wrong call because it was called to lat...

Message posted on : 2012-10-07 - 00:00:19

It was the wrong call because it was called to late and there was no way to turn a double play on that ball. It was not a routine play for the short stop and he was never under that ball, so that was a bad call and the bases should have been loaded
Posted By : Chris Chiavaroli

I agree this is a good test of statutory construct...

Message posted on : 2012-10-07 - 12:13:13

I agree this is a good test of statutory construction but it was still a terrible call. The point of the immediacy of the call is not prejudice. Once the call is made, play stops and runners have to return to their base. It is because it must be obvious from the outset that the catch is ordinary and certain. In addition, this call was made not by the third base umpire, but by a line umpire inserted for the playoffs.

Posted By : Alan Milstein

Thomas: The rule and its commentary clearly antici...

Message posted on : 2012-10-07 - 16:46:42

Thomas: The rule and its commentary clearly anticipated the possibility of IFR applying to balls on the outfield grass and to balls in the vicinity of an outfielder. That's why they wrote the commentary the way they did. I don't see any reason for changing it in response to this one judgment call.

Alan: Few things:

1) The rule says the ump shall 'immediately declare' infield fly '[w]hen it seems apparent.' That is different than 'obvious from the outset' (and I'm not sure when the 'outset' of the play would be).

2) The play is not dead on the call. The rule explicitly states that the ball is alive and the runners can advance without tagging and will be safe if the ball is not caught.

3) I'm not sure what difference it makes that the call was made by a line ump rather than the third-base ump. Since the IFR by its terms may apply to a ball in the outfield, it is a proper call for the line ump when there is one in the game. In fact, it may have been easier for the line ump to see whether the SS was under the ball.

Posted By : Howard Wasserman

Chris: Your response captures why I think this is...

Message posted on : 2012-10-07 - 17:00:51

Chris:

Your response captures why I think this is such a great example of textualism v. purposivism. The rule doesn't saying anything about whether they could have turned a DP; so if we rely only on the text, that shouldn't be part of the umpire's analysis on any one play. That only matters if we focus on the underlying purpose of the rule.

Posted By : Howard Wasserman

I am not sure what you mean about the runners bein...

Message posted on : 2012-10-09 - 16:04:41

I am not sure what you mean about the runners being free to take the base at their own risk. On the play in question, the runners were sent back to their bases after the call even though the ball was dropped. If they were allowed to be on 2d and 3d both would have scored on the ensuing hit. One other point: the clear intent of the rule is to protect the batting team. Here it terminated their season.
Posted By : Alan Milstein

Alan: The play-by-play for the game is here (http...

Message posted on : 2012-10-09 - 21:46:33

Alan:

The play-by-play for the game is here (http://scores.espn.go.com/mlb/playbyplay?gameId=321005115).

For the play in question, it says 'A Simmons popped out to shortstop, D Uggla to third, D Ross to second.' So they did advance and that is as it should be, under the clear language of the rule that says the ball is live. Plus, there was no ensuing hit (which probably would have scored at least one run, since someone would have been on second); the next batter walked to load the bases, then the batter after that struck out.

Isn't it a bit much to say this one call terminated their season? It's impossible to play counter-factuals. At best, the subsequent walk scores a run, the strikeout makes it two outs and bases loaded, and then we have absolutely no clue what a hypothetical next batter would have done. There is no guarantee that, but for this call, the Braves would have scored another run, much less won the game.


Posted By : Howard Wasserman

Why not dissolve the union and let everyone indivi...

Message posted on : 2012-10-10 - 11:18:51

Why not dissolve the union and let everyone individually negotiate with their employer. No lockouts would be allowed. No salary caps or maximum salary would be allowed. What do players really get out of being in a union at this point? Giving the owners a non-statutory labor exemption is simply not worth the leverage it gives the owners.
Posted By : Anonymous

I stand corrected, Howard. Funny how my distaste f...

Message posted on : 2012-10-11 - 12:05:40

I stand corrected, Howard. Funny how my distaste for the call made me 'misremember,' to use the sportslaw term, that the runners were sent back. Truth is I can't forgive the Cardinals for ousting the Phillies last year.
Posted By : alan milstein

Does the author of this post have the same opinion...

Message posted on : 2012-10-11 - 15:42:14

Does the author of this post have the same opinion of Barry Bonds, who was also doping in a sport rampant with cheating?

I'm surprised by this sort of reaction to Armstrong's cheating. As far as I can remember, he is the only athlete that has cheated who people still hold up as a beacon of amazing athletic achievement.

For me the worst part is that Armstrong continues to deny he doped while at the same time trying to destroy anyone who claims that he did.

Posted By : Anonymous

I think what's troubling me is that I'm no...

Message posted on : 2012-10-13 - 04:52:02

I think what's troubling me is that I'm not sure I understand exactly what Armstrong (or other athletes) are entitled to generally. Is participation in UCI-sponsored events somehow not analogous to employment at will? Could UCI on its own just say 'We don't like Lance Armstrong anymore, so we're stripping him of his titles and forbidding him from participating in future competitions'? If not, why not? What creates a legal right in Armstrong to maintain his titles and compete in future events? I think its hard to analyze Armstrong's complaint without understanding the source of the rights he claims (which I don't see in a brief perusal of the amended complaint). To complain of a due process violation suggests some sort of property right; to complain of a tortious interference suggests some sort of contract right (between Armstrong and UCI). I'm not sure I understand the basis for either.

Professional Legal Network

Posted By : Professional Legal Network

Howard, I enjoyed your Atlantic article and agree...

Message posted on : 2012-10-15 - 12:19:15

Howard,

I enjoyed your Atlantic article and agree with you on all the major points. I would point out to you another instance in which a player might intentionally drop a fly ball:

With a runner on third and fewer than two outs, perhaps in the bottom of the ninth of a tie game but not necessarily, an outfielder might decide not to catch a fly ball in FOUL territory to avoid giving the winning run a chance to tag up. I think most would agree this is not unsportsmanlike -- maybe it's the fact that the batting team is not left helpless, i.e. the batter remains at the plate. But it is interesting to me because it shows that dropping the ball is not the unsportsmanlike act; instead it is the unfair advantage of the potential double play.

I think one way to look at the call in the Braves game would be to ask whether Braves would complain if the infield fly rule had not been invoked and a double play resulted. I think they would. For that reason, I think the infield fly call was appropriate. (Though, and I don't think this is contradictory, I also think it would have been appropriate for the umpire not to make the call.)

Nice article.

Posted By : Jimmy Golen

Message posted on : 2012-10-15 - 12:19:25

This comment has been removed by the author.
Posted By : Jimmy Golen

For whatever it is worth, I posted this comment on...

Message posted on : 2012-10-15 - 13:04:49

For whatever it is worth, I posted this comment on the Atlantic piece:



While I generally agree with the defense of the IFR, this situation is by no means unique, even within baseball. Consider the dropped third strike rule. This is an ancient feature of the game, surviving from pre-modern folk versions. In early organized baseball it applied regardless of base runners. So consider: bases loaded, no outs, two strikes on the batter. The pitcher sends a fastball down the middle of the plate, blowing it by the batter (regardless of whether or not he swings). The catcher intentionally drops it, turning the batter into a runner with force plays at all bases. The catcher picks up the ball, steps on home for an easy out, and throws the ball to first for a double play. Or, if he is even more enterprising, throws it to second or third, with the base tagged and the ball relayed to another base for at triple play. The only counter the runners have is to take off with the pitch, but unless there are already three balls, this has its own set of issues.

This may seem farfetched, but several of the triple plays in the SABR triple play database occurred just this way. The rule was eventually changed so that the dropped third strike rule only applies if first base is open or there are already two outs. This change occurred about the same time as the infield fly rule and for the same reason. Fielders' gloves were improving to the point where they could reliably take throws. In the days of bare-hand fielding there was no such thing as a routine throw to a baseman, and even good teams often ended up with overthrows and chased balls which would make a modern little league team blush. Under those conditions intentionally dropping an infield fly or a third strike had a high up side, but also a very real potential downside, and therefore was considered good, smart play when it worked. As they became too easy, they came to be considered cheap outs and the rules adjusted to remove the incentive.

Posted By : Richard Hershberger

Armstrong has indeed been an inspiration, but as t...

Message posted on : 2012-10-15 - 14:50:14

Armstrong has indeed been an inspiration, but as to the 'great athlete' claim, I wonder if the results of the races would have been the same if no one cheated as they were assuming all cheated. Athletes adapt to technology (even biological technology) differently. All Armstrong's victories prove is that he adapted best to the game as it existed.
Posted By : Jeff Standen

Jimmy: I thought about that as I was writing the p...

Message posted on : 2012-10-16 - 01:16:55

Jimmy: I thought about that as I was writing the piece, which is why I specified that I was talking about dropping a fair ball. As I think about this more (and perhaps plan to write about it more), it is very bound up in economics--optimal outcomes, incentives, and various benefits and disadvantages for each side. In the situation you present, the move is not optimal for the defense, but there is no overwhelming disadvantage to one side--each side gets a benefit and we move on. What makes the IFR unique is that there is an overwhelming benefit to one side and disadvantage to the other, all from dropping the ball.

Richard: I did not know about the history of the dropped third strike rule, so I never thought of that as a comparable way to produce a double play by not catching the ball. The irony, of course, is while people seem to be sick of the IFR, no one is talking about reverting to the old version of the dropped third strike rule.

Posted By : Howard Wasserman

'The irony, of course, is while people seem t...

Message posted on : 2012-10-16 - 09:41:16

'The irony, of course, is while people seem to be sick of the IFR, no one is talking about reverting to the old version of the dropped third strike rule.'

That is because the modern dropped third strike rule is a bit clunky, but acts passively. No action is required from the umpire, and there is no ambiguity about when it does or does not apply.

For an even more obscure example, prior to 1857 the game was played to 21 runs. Furthermore, they borrowed from cricket to concept of a 'draw', which in cricket is not the same as a tie. In cricket, if the game is not completed in the time allotted, it is a draw regardless of the score. A weaker team playing for a draw is a perfectly respectable strategy. As applied to early baseball, if neither team had reached 21 runs when the game was called (usually due to darkness) then it was a draw. The thing was, they did not yet have called strikes or balls. The batting team could stall simply by refusing to swing at any pitch. The fielding team could similarly refuse to act to put a player out. Fully one quarter of match games played in 1856 ended in draws.

So in 1857, when a convention was held to revise the rules, they switched to the modern rule of nine innings (itself an interesting decision: the original proposal was seven innings, while the average game in 1856 lasted six). More subtly important was the adoption of the rule that the game is official with but five innings, and null and void if ended before that. This eliminated the concept of the draw so effectively that we have largely forgotten that it ever existed, and Americans find the concept of a drawn cricket match nearly incomprehensible.

Why playing for a draw is respectable in cricket is an interesting topic, but beyond the scope of a blog comment. Just to throw out one more idea, it led to the concept of the 'declaration', declaring one's innings closed. That is, the batting team simply declares that it is done, as if it had been put out. This is done when they think they have scored enough runs to win, and want the time saved to use to putting the other team out when it is at bat. This again is to Americans a bizarre concept, and pretty close to your criteria for an incentive to act contrary to the normal aims.

Posted By : Richard Hershberger

Howard: Another thing I have thought about, but n...

Message posted on : 2012-10-16 - 14:57:13

Howard:

Another thing I have thought about, but not fully explored the implications of: Why can't the infield fly rule be converted to a post hoc rule that prohibits teams from dropping the ball on purpose in order to create a double play? Instead of the umpire shouting 'infield fly' while the ball is in the air, why can't he simply rule afterward -- if a ball is dropped and a double play occurs -- that the batter is out and send the runners back to their bases?

I believe baseball created the infield fly due to a unnecessary desire to have the play continue without interruption. But there are plenty of instances -- baserunner interference, for one -- in which umpires have to act afterward to reset the field in a way.

Posted By : Jimmy Golen

Because no one wants to get into issues of intent

Message posted on : 2012-10-16 - 15:37:32

Because no one wants to get into issues of intent
Posted By : Howard Wasserman

Yes, but that is silly. Intent is part of other ba...

Message posted on : 2012-10-16 - 16:21:34

Yes, but that is silly. Intent is part of other baseball rules -- did the pitcher hit a batter intentionally, for example -- and I would argue it would be easy to determine if a player intentionally dropped a fly ball to create a double play (for one thing, he'd have to stay close to the ball, in position to field it, in order to convert.) Even if you find this troublesome, is it more troublesome than the current situation, which led to the Braves fiasco? I would say no.
Posted By : Jimmy Golen

Yes, sometimes we have to figure out intent. But I...

Message posted on : 2012-10-16 - 17:57:05

Yes, sometimes we have to figure out intent. But I would much prefer a rule that relies on a concept such as whether a ball could be caught with ordinary effort than with whether the ball was dropped intentionally.

Plus, I disagree that the Braves call was a 'fiasco.' To the extent the call was wrong, it was wrong on the ump's perception of whether the SS was camped under the ball. It was not a problem of interpretation.

Posted By : Howard Wasserman

Fiasco in that people were throwing bottles onto t...

Message posted on : 2012-10-16 - 20:43:36

Fiasco in that people were throwing bottles onto the field. I am fine with the umpire's call.

And I don't think having umpires interpret 'ordinary effort' is an improvement over having them try to ascertain intent.

A ripe topic, as you said.

Posted By : Jimmy Golen

The Florida State University panel discussion on ...

Message posted on : 2012-10-17 - 06:19:20

The Florida State University panel discussion on corruption and gambling in sports is very interesting thanks for sharing.

Posted By : Management Forum

'Adapting best to the game' is a comical...

Message posted on : 2012-10-17 - 15:16:33

'Adapting best to the game' is a comically poor distinction that many people simply call cheating. It is unconscionable to defend someone just because they cheated better than the other guys.

He cheated to create an image of himself that he then profited from, but also do some great things with Livestrong. I will never condemn his humanitarian work, but you can't base your argument hiding behind that later work.

He cheated. He was the leader of the cheating scheme. It's bizarre to me that this glaring fact is being disregarded because he was a great cheater

Posted By : Long

My initial thoughts about the relentless prosecuti...

Message posted on : 2012-10-17 - 22:23:57

My initial thoughts about the relentless prosecution concerned the USADA more the Lance Armstrong. As the article mentions, USADA is self regulating acting as the police and judge/jury. I do not see how organizations can justly operate when wielding so much power. There is essentially no sort of government regulation over it. This is the same in much respect to the NCAA and currently the NFL with Roger Goodell. Just as Goodell can hand out punishment and then review the appeals process himself, the USADA can do the same with Armstrong. The results of this process lead to extreme bias and leave the alleged offender with an uphill battle to prove his innocence. I am not arguing that Armstrong should get a pass for his alleged conduct, despite his heroic efforts in cancer research and the symbol of hope he represents. I am arguing for a change or check on the power and use of private institutions with such broad authority that publicly denounce and condemn these athletes.
- Jordan K.

Posted By : Anonymous

If you are interested in attending please visit ww...

Message posted on : 2012-10-18 - 16:48:03

If you are interested in attending please visit www.nyls.edu/sportslaw ... Hope to see you there
Posted By : Brett Hirsch

Great article. Of course players should be compens...

Message posted on : 2012-10-18 - 16:49:15

Great article. Of course players should be compensated if their likeness is used.
Posted By : Thomas Collins Law

The endorsements are reported to be terminating up...

Message posted on : 2012-10-20 - 12:26:35

The endorsements are reported to be terminating upon expiration of contract versus morals clause.

The legal determination of 'doping' resides primarily in scientific evidence, i.e., officially-mandated testing.

Admissions of one teammate and a French masseuse are not 'best' evidence, if evidence at all, or sufficient to triggers such extreme sanctions.

Posted By : Anonymous

With a runner on third and fewer than two outs, pe...

Message posted on : 2012-10-23 - 01:39:26


With a runner on third and fewer than two outs, perhaps in the bottom of the ninth of a tie game but not necessarily, an outfielder might decide not to catch a fly ball in FOUL territory to avoid giving the winning run a chance to tag up. I think most would agree this is not unsportsmanlike


cricket

Posted By : jerry john

It is great that you seek to protect athletes from...

Message posted on : 2012-10-23 - 11:43:02

It is great that you seek to protect athletes from those who would try to take advantage of them. The very ones they should be able to trust do them harm. Regulation is necessary. Great job! DP Evans
Posted By : Dp Evans

'He also is a lifelong Kentucky fan, so he is...

Message posted on : 2012-10-23 - 18:12:20

'He also is a lifelong Kentucky fan, so he is personally familiar with the vagaries of NCAA enforcement.'

'At Kentucky, they let you keep the car.' - Robert Montgomery Knight

Posted By : Ken Houghton

Thank you for informing us in this symposium.I wis...

Message posted on : 2012-10-24 - 10:21:09

Thank you for informing us in this symposium.I wish I can attend this session. I will visit the share site for more updates!
Posted By : ericson

Very interesting article on O'Bannon's cas...

Message posted on : 2012-10-25 - 13:16:19

Very interesting article on O'Bannon's case. I think his proposal to have the potential compensation put in a trust is a great solution to the NCAA's main objections that are based upon preserving 'amateurism.' It only seems right for the players to get some form of compensation when others are profiting from the use of their images.
Posted By : Jonathan Gevas

Very interesting article on O'Bannon's cas...

Message posted on : 2012-10-25 - 13:16:48

Very interesting article on O'Bannon's case. I think his proposal to have the potential compensation put in a trust is a great solution to the NCAA's main objections that are based upon preserving 'amateurism.' It only seems right for the players to get some form of compensation when others are profiting from the use of their images.
Posted By : Jonathan Gevas

Russell Means was terrific in Last of the Mohicans...

Message posted on : 2012-10-25 - 14:35:08

Russell Means was terrific in Last of the Mohicans. A great actor and activist.
Posted By : Anonymous

While I may not agree with all the violent tactics...

Message posted on : 2012-10-31 - 12:29:57

While I may not agree with all the violent tactics or protests used by Russell Means, I can not completely vilify him for his role in defending his people and Native American rights. It is the unwillingness of the American society to refuse to recognize the present day belittlement of mascots and other American Indian rights that fuels the fire for activists such as Means. A few weeks ago I watched a show with sports panelists that discussed the topic of how a Washington newspaper refused to use the name “Redskins� when talking about the Washington NFL team. All four of the panelists and the host, as do I, agreed that the newspaper station took the correct position. More national media such as this is needed to spotlight and make a change to the blatant disregard of American Indians' identity occurring today.

-Jordan K.

Posted By : Anonymous

We are excited to have you at Ole Miss. Our studen...

Message posted on : 2012-10-31 - 17:12:56

We are excited to have you at Ole Miss. Our students have put together a great program.
Posted By : Richard Gershon

Warren, I've been a fan of the NHL for many ma...

Message posted on : 2012-11-03 - 10:54:24

Warren, I've been a fan of the NHL for many many years and I must say, this has been the most entertaining season to date.
Posted By : Mike

I really don't see how the new system is going...

Message posted on : 2012-11-03 - 17:08:35

I really don't see how the new system is going to help the compliance or athletic administration staff on a college campus.

What would help is having enforcement show up UN-announced at any time...

Institutional Control leads to abuse of power and an ignorance is bliss attitude

Posted By : Sean McAndrews

Well said. I really do not see this as much of an ...

Message posted on : 2012-11-05 - 09:53:20

Well said. I really do not see this as much of an improvement. Moreover I think it over complicates an already complicated and unfair process. This will likely drive more things underground and more people becoming scapegoats for who the institution and NCAA want to protect.
Posted By : B. David Ridpath

This program will discuss the NCAA's current a...

Message posted on : 2012-11-07 - 03:52:42

This program will discuss the NCAA's current amateurism rules, proposed changes to those rules, and the recent litigation relating to the use of a student-athlete's name and likeness. New York Partner Daniel Brown, Esq. will moderate the panel, which will be comprised of Richard Ensor, Esq., Chris Monasch, Esq., Kimberly A Keenan-Kirkpatrick, Esq., Bruce Rosen, Esq., and Kerry Cahill.
HVAC Schools in New Jersey

Posted By : emartllc

For the most part, I do agree that the teams with ...

Message posted on : 2012-11-09 - 09:19:09

For the most part, I do agree that the teams with Native American nicknames/ethic scurs should be removed. We would question a team that was called the Krauts, Wetbacks, or Toads. These slurs would be unacceptable, so why should we permit others. Sadly, the answer may be that society as a whole is not opposed to using the term redskin or doing tomahawk chops as rallying cries. To be fair though, a Yankee was originally derogative and still playfully is (my southern friends still remind me of that). But that is nothing compared to the treatment of Native Americans, past and present. And for the most part, a Yankee is not considered negative by the majority of Americans, but has been embraced and redefined. Native Americans have not embraced their standard of living or ethnic slurs—I will choose not to either. Great article! - T. Hoxie
Posted By : Anonymous

Mr Wasserman, I'm late to the game, just read...

Message posted on : 2012-11-09 - 18:39:35

Mr Wasserman,
I'm late to the game, just read the Atlantic article.
Wanted to comment that the IFR does not seem sui generis in sports. Does the example of a football team QB taking a knee to run out the clock, or even intentionally allowing a safety, meet your four criteria?

Casey

Posted By : Anonymous

Fun idea, Warren. A few more names to add to the ...

Message posted on : 2012-11-12 - 09:42:46

Fun idea, Warren. A few more names to add to the list would be Kenesaw Mountain Landis (not only for his role in presiding over the Federal League's 1915 antitrust suit against the AL and NL, but also his participation in the 1931 Milwaukee v. Landis suit regarding commissioner power), George Toolson for his 1953 challenge to MLB's antirust exemption, and both John Mackey and Freeman McNeil for their respective suits against the NFL.

In terms of memorabilia, I'd include the 1915 peace agreement between MLB and the Federal League that ultimately spawned the Baltimore Federal League club's suit, resulting in Federal Baseball Club of Baltimore v. National League.

Also, rather than the letter Giamatti may have sent regarding Rose's ban, I'd suggest the actual signed agreement itself. In fact, a generous benefactor could actually buy this piece of sports law memorabilia right now at auction:

http://goldinauctions.com/lotdetail.aspx?lotid=727

Posted By : Nathaniel Grow

Good recommendations and additions. Landis a key ...

Message posted on : 2012-11-12 - 11:41:27

Good recommendations and additions. Landis a key figure. All we need to do is raise $$$ to bid on the Rose signed agreement...
Posted By : Warren K. Zola

I'm a strong proponent of the Rooney Rule and ...

Message posted on : 2012-11-12 - 23:46:15

I'm a strong proponent of the Rooney Rule and think that it's paved the way for a great deal of progress in the civil rights arena. I also believe that African American athletes wanting to play for an African American head coach because the coach would 'get' them would be regression and an example of the pendulum swinging too far in the opposite direction. If a Caucasian coach were denied a position because African American players could not 'relate' to him it would be an example of reverse racism. The lack of 'relating' or 'getting' the players would be due to the color of the coach's skin and thus, this coach's skin color would ultimately be the reason he was denied a position. I believe we need to ensure that the color of one's skin is not a deterring factor for a coaching position – regardless of what shade that color may be.
Posted By : Jonathan Gevas

Yeah. Bud Selig is going to do anything Jeff Lori...

Message posted on : 2012-11-14 - 08:46:27

Yeah. Bud Selig is going to do anything Jeff Loria doesn't want him to do.

Pull the other one.

Posted By : Ken Houghton

The Miami Marlins are a mess and the commissioner ...

Message posted on : 2012-11-15 - 15:14:45

The Miami Marlins are a mess and the commissioner needs to step in like the LA Dodger and get everything straightened out. The tax payers are the victims and need to get involved as well.
Posted By : Law Firms in Phoenix Arizona

I completely agree with this post. There is a smal...

Message posted on : 2012-11-15 - 16:48:24

I completely agree with this post. There is a small amount of credit to be given to the NCAA for trying to come up with preventative measures to protect collegiate sports. However, the credit ends there. The rules handed out by the NCAA have been vague, complex, and even arbitrary. What needs to be done more than implementing a even more complex 'tier system' is for the NCAA to wipe out rules that incidentally cause harm to student athletes without or with very little preventative reward.

Posted By : Jonathan Gevas

But you are a Red Sox fan so hardly impartial and ...

Message posted on : 2012-11-15 - 19:06:43

But you are a Red Sox fan so hardly impartial and should recuse yourself. And then you can check out what the Marlins have gotten in return. They have done better with the talent they received from Toronto then your guys did with that egregious fire sale last summer.

Loria is a disgrace but he has not acted illegally and Selig knows it. Teams who do badly often bounce their highest-paid players before a rebuild. The difference here is the stadium, not the salary dump. And that is between Loria and the citizens of Miami.

Posted By : Anonymous

Having been an athlete under the guidelines of NCA...

Message posted on : 2012-11-16 - 08:49:33

Having been an athlete under the guidelines of NCAA and also a tutor for collegiate athletic departments, the rules are complicated as is and these changes only further complications. I am sometimes dumbfounded by some of the rules that are at play. Limits on what food can be given to hungry athletes, limits on what where you can tutor and what help you may give, the limits are endless. If you surpass these limits, you are then punished. The NCAA has not only kept certain ridiculous limits, but has made it a more detailed and complicated system of how you will be punished for passing such limits. Recently one of my former teammates was diagnosed with a rare form of cancer. At a team dinner I suggested we do a fundraising event and one of my friends, who is still a member of the team, immediately thought, “We have to be careful not to break any NCAA rules.� I was angered by what she said because I knew what she said was true. As current athletes, my teammates could possibly be limited to what we could do to raise money for our sick teammate. All I could think at that time is how restrictive and controlling the NCAA is over the lives of athletes. While I understand and appreciate the need for rules in such a system, the line needs to be reasonably drawn, not complicated with a more detailed sanctioning system. As a former NCAA athlete, I no longer have to abide by these rules (thank goodness), but this doesn't take away from my frustrations and belief that change is necessary in the future. Here's to hoping it happens sooner than later.
Brittany Fink

Posted By : Anonymous

#2 rules as the difference. If the infielder drop...

Message posted on : 2012-11-17 - 14:41:40

#2 rules as the difference. If the infielder drops the ball, two outs instead of one, but no one is at risk for injury.

#4 is also viable--you can find several examples of a team taking a knee in their opponent's 'Red Zone'--but does a two-point lead on your own 40 count as 'the result is mostly known'? (A fumble/immediate-down takes some time, followed by a ca. 53-yard FG attempt. The combination is unlikely, which is why Pisarcik is Legend.)

The key difference being what you mentioned--a timed sport v. baseball. There are many routes to continuity and change after an IFR is called/not called. The possibilities are much more limited by the Constraint of the Clock, so the optimization frontier for the team impacted negatively is less possible.

Posted By : Ken Houghton

I really like your reasoning, but I ultimately bel...

Message posted on : 2012-11-17 - 15:58:51

I really like your reasoning, but I ultimately believe I disagree.

I think the example of the kneel down is problematic in a few respects. On point one especially but touching on the others, this seems an incorrect or arbitrary description. We should ordinarily expect that an offense is doing its best to continually put its team in the best position to win. This includes running the ball in a play that is unlikely to gain great yardage much less score but that puts the team in a position to score later on. It also includes running to force a trailing opponent to use valuable time outs to stop the clock. It also includes taking a safety rather than give an opponent very good field position for a touchdown opportunity. It also includes (last one, but I think these are progressively important) a defense that intercepts a ball late in a game thrown by a trailing team's offense falling down rather than advancing the ball and risking a fumble.

If we are to take your four-point test and apply it to football, it seems we must start making a lot of judgment calls restricting these types of plays among others (my apologies for the redundancy, but this is a new point): An offensive team running the ball and falling down in bounds late in the game on 3rd and 20 to force the opponent to use a time out; A team taking a safety on purpose; A defense that is winning late in the game not advancing an interception because of the risk of fumble. My problem with the four-point test is not so much that it will have to be applied to so many other situations potentially, but that I don't find the IFR to be such a problem. It is a bang-bang, during the regular course of play event that happens to create both a situation of advantage (IFF executed properly) for one team as well as the time to execute it. This happens a lot in all sports. Should we prohibit fast breaks in basketball if enough of the defense is not able to contest the play? Should we force a football team on offense, up by one point, with one minute to play, and with no opponent time outs to score a touchdown when they would rather run out the clock and disallow the opposing team's offense from getting the ball back (reference: NY Giants versus NE Patriots in last year's Super Bowl)?

Posted By : Steve Winkler

one of the most value franchises? really?

Message posted on : 2012-11-17 - 19:42:32

one of the most value franchises? really?
Posted By : Quinton

Until the NCAA can show up unannounced or you get ...

Message posted on : 2012-11-17 - 19:53:03

Until the NCAA can show up unannounced or you get someone in the media wanting to make a name for themselves, compliance will be a thankless dead end position..
Posted By : Sean McAndrews

The owners--including Mr. Snider, whose skills do ...

Message posted on : 2012-11-17 - 20:57:35

The owners--including Mr. Snider, whose skills do not include building a business through competition-followed Mr. Bettman's Southern Strategy. They even continued with it after he destroyed any momentum it might have been building by getting rid of 1.5 seasons just as Carolina and Tampa were developing actual fan bases.

Now they have looked up, realuzed revenues are greater than ever and discovered those teams are losing money anyway.

Yet they follow Mr. Bettman. Tell me again how they make money? Oh, right, monopolies.

Posted By : Ken Houghton

As someone who recently moved north of the 49th pa...

Message posted on : 2012-11-17 - 22:04:00

As someone who recently moved north of the 49th parallel, it's apparent that Canadians just can't muster the same level of Molson-induced insanity for the current CFL playoffs. Perhaps a more apt title for your post might be Oy Canada. We need hockey!
Posted By : Aaron

As I pointed out in the comments to the earlier At...

Message posted on : 2012-11-17 - 23:12:11

As I pointed out in the comments to the earlier Atlantic piece, this situation is not actually unique, even in baseball. The earlier version of the dropped third strike rule presented the same issues, and was modified to essentially the modern rule at, not coincidentally, about the same time as the infield fly rule was instituted. The correlation is explained by advances in fielding gloves making plays routine which previously had been anything but. See my comment to the Atlantic piece for the longer version.

For another example, consider the concept of the 'draw'. In American sports a 'draw' is the same thing as a 'tie'. This is not the case in cricket. In cricket a 'tie' means the same thing it does in America, and is rare. A 'draw' is very different: the result when a game reaches its pre-assigned time limit but the innings have not been completed. It is like a tie in that neither side is victorious, but quite unlike a tie, the score in a draw is irrelevant.

Early baseball had the concept of a draw. A game was played until one side had 21 runs and both had batted the same number of innings. If the game was called due to rain or darkness before this was achieved, the result was a draw. About a quarter of games played in 1856 were draws. In 1857 the rule was changed to more or less the modern rule: nine innings, with the game counting even if called before then, so long as five innings have been played.

Why the change? Playing for a draw is a perfectly legitimate strategy in cricket, but was legislated out of baseball so effectively that Americans don't even understand the concept anymore. The difference is that when you play for a draw in cricket, you still have to play the game: defend the wicket, hit the ball, and avoid being put out. This wasn't the case in baseball of the 1850s, where the concepts of called strikes and balls where not yet developed. The batting team could stall by simply refusing to swing at pitches. The fielding team could stall by refusing to catch balls. This make a mockery of the game: worse, it was dull.

The change mostly eliminated the incentive, but not entirely. There were games where a team--usually the fielding team--went into stall mode after giving up the lead and as darkness fell. The practice was criticized as unsportsmanlike, but it was hard to legislate against.

Nor has it entirely gone away today. The modern practice of suspended games to be resumed later has taken away most of the situations, but not all. Suppose it is the top of the fifth inning. The home team got plastered in the early innings and is far behind. A storm front is on the way, and is expected to drop a deluge on the field in about twenty minutes. At this point the visiting team has a strong incentive to get itself put out as quickly as possible, while the home team has an incentive delay this. In the modern context, the pitcher's incentive is to take as long as possible between pitches, while the batter wants to swing at and miss every pitch. In the 1850s and '60s context, the fielders would be intentionally dropping balls, including the catcher on third strikes.

As a final point, it might be instructive compare and contrast taking a knee in American football with declaring one's innings closed in cricket. They are by no means the same, but they share some logical aspects.

Posted By : Richard Hershberger

Howard, A few thoughts: First, the argument that...

Message posted on : 2012-11-18 - 09:23:43

Howard,

A few thoughts:

First, the argument that in an IFR situation the fielding team is intentionally not doing what it is expected to depends on one's perspective. If we isolate a particular fly ball, then yes, the player is expected to catch it. But on the more macro-level, the defense is expected to try to collect 3 outs in an inning as quickly as possible. From that viewpoint, dropping the pop fly in order to double up a runner on first is in fact consistent with the defense's mission, and thus is what we would ordinarily expect a rational defense to do absent a specific rule to the contrary.

Second, one could argue that the offense is not completely powerless to stop an IFR play from developing. Indeed, the batter could have avoided hitting a pop fly, just as fans frequently criticize batters for grounding into double plays with runners on base (obviously, there are nevertheless significant differences between the IFR and standard double play). One thought would be to see if there is any sabrmetric research discussing whether players generally have the ability to control their infield fly ball percentage (or IFFB%), or if it is truly random.

Finally, your fourth proposed factor (the game must still be genuinely contested) would not cover the relatively common occurrence of a QB taking a knee at the end of the first half in order to run the clock out and get to halftime.

Posted By : Nathaniel Grow

The NHL lockout should probably just end Wednesday...

Message posted on : 2012-11-18 - 17:53:03

The NHL lockout should probably just end Wednesday so everybody has something to be thankful for on thanksgiving.
Posted By : livescore

Alan, The NHL decided it wanted to have teams in ...

Message posted on : 2012-11-18 - 19:15:22

Alan,

The NHL decided it wanted to have teams in these markets to boost the value of its TV contracts. It is possible that every dollar lost in Anaheim, for example, brings in $2 in league-wide TV revenue. So it's not necessarily a bad business decision.

That said, if this is true, the league should be willing through revenue-sharing to prop up the money-losing teams and not expect the players to do so.

Posted By : Jimmy Golen

This is one of the oddities that arise when you ha...

Message posted on : 2012-11-19 - 20:07:28

This is one of the oddities that arise when you have a monopoly business with higher capital barriers to entry. Normally the market would punish a business purposely becoming less competitive. But I guess here the Commissioner has to step in.
Posted By : Anonymous

I think you are missing quite a few examples: A) ...

Message posted on : 2012-11-20 - 00:06:24

I think you are missing quite a few examples:

A) Baseball: A team is up by a fairly large margin, say 12-0, as a heavy rain starts to fall in the 4th inning. The team is incented to make outs as quickly as possible, in an attempt to end the game earlier.

B) Basketball: Fouling at the end of the game -- intentionally giving the other team points in order to regain possession of the ball.

C) Football: Ahead by 2 late in the game, teams will allow the other team who are already in certain FG position to score a touchdown, quickly, in order to conserve time on the clock.

D) Ahead by 6 late in the game, a tam


Probably more that I haven't considered

Posted By : Bart

Ken: I was at the Pisarcik game. That shows precis...

Message posted on : 2012-11-20 - 22:27:06

Ken: I was at the Pisarcik game. That shows precisely why the quarterback should take a knee.

Nathaniel: I doubt any player would ever try to hit a fly ball on the infield. It is not a play in which anything good can happen (unless the fielder drops the ball), as distinct from bunting or hitting behind a runner on base or trying to hit the ball on the ground.

Bart: In the first two situations, we don't have the same imbalance of costs and benefits. As to the first: If my opponent wants to make outs, that works to my benefit. As to the second, the team that was fouled can defeat the strategy by making the damn free throws

Posted By : Howard Wasserman

I've been following this but I think this stre...

Message posted on : 2012-11-25 - 01:56:04

I've been following this but I think this stresses the need for complete and total background checks of both the union and the person you hire to represent you.

Law firms have bailed out of this relationship, but the players needed to recognize that this well-intentioned unification had no leadership experience or structure.

D. Smith's NFL hire rubbed a lot of players the wrong way, shunning favorites Troy Vincent and Trace Armstrong, former NFL'ers.

But Smith's diplomatic nature has put the players in a favorable position, particularly in public perception. A lockout deal that appeared to cover owners now has the benefit of inclusive healthcare, and Roger Goodell's errors have led to public awareness and pity about the athlete's future in the workplace.

The Laraque situation is stubbornness and shortsightedness to the Nth degree. Donald Fehr's hire, if a season is lost, will be deemed the same even if the players get a better deal. It is clearly something they weren't willing to sacrifice. - Eric Arnold

Posted By : Eric Arnold

The regulations define a 'specialty occupatio...

Message posted on : 2012-11-26 - 10:11:56

The regulations define a 'specialty occupation' as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor
Posted By : Anonymous

The problem I see with this ideal, although I supp...

Message posted on : 2012-11-27 - 16:33:21

The problem I see with this ideal, although I support it, is that it pigeonholes an athlete to believing a professional opportunity exists in their sport.

Why should a women's volleyball player at Belmont major in sports when no likely professional opportunity exists? A male high-jumper at Missouri?

It also hampers the NCAA's intentions for the APR graduation stipulations and penalties. I guess it could be argued that instead of hidden shoehorning into majors like Comm, African American Studies or Multidisciplinary Studies, the universities are at least letting the student focus on their intention.

How hard will it be to get a non-sports job as a sports major? That's the primary issue. Does this method eschew the intent of higher education (and consequentially the NCAA)? I'd say yes, which means the systematic problem would still be as prevalent and debilitating.

Posted By : Eric Arnold

Loria's track record is, by far, the worst in ...

Message posted on : 2012-11-27 - 21:23:08

Loria's track record is, by far, the worst in baseball. He sold off a championship Marlins squad to use it as a crutch for a new stadium. He ran the Expos to the point of destruction, citing failing support when it was his decision to alienate sponsors and broadcast games solely in French.

No owner, however, is going to tie the percentage of revenue contributed to these modern monstrosities be tied to a certain winning percentage or number of playoff appearances. A salary floor could be guaranteed, but the legality of that comes into question and could hamstring future seasons, forcing decisions just to reach a certain monetary benchmark.

Despite Loria's history, I believe this move is a steal for the Marlins. Combined with the Anibal Sanchez trade, the team has slashed payroll by over $80 million this season and an even greater number considering future commitments. That doesn't even mention the eight prospects they received from these transactions, three of which are in numerous Top 100's if I remember correctly.

The last Marlins fire sale didn't end well, with Hanley Ramirez the only superstar cog. But their second World Series was built on the heels of a similar flea market giveaway.

Posted By : Eric Arnold

I feel the crucial backdrop to the owners and play...

Message posted on : 2012-11-27 - 23:06:21

I feel the crucial backdrop to the owners and players not being able to agree on a new CBA is the media attention and fan base in the U.S. Yes, Bettman has lost more games than any other commissioner. Yet, there is also almmost no coverage of the NHL labor dispute on the major sports media outlets such as ESPN as there was for the NBA and NFL disputes. I feel that because of the spotlight that was constantly on the NBA and NFL, it drastically helped the agreement between the two sides. The NHL just lacks the publicity and power to put the pressure on the two sides more than it already is to come to an agreement. That partially is Bettman's fault in promoting the league, but it also just the way American society and media is today, unfortunately.
- Jordan K

Posted By : Anonymous

Interesting points. My guess is that Pargman and J...

Message posted on : 2012-11-28 - 00:36:39

Interesting points. My guess is that Pargman and Jenkins really are thinking about football, men's basketball, and maybe baseball players. Although lots of people major in theatre or music even though they probably will not become professional actors or musicians, so why shouldn't that women's basketball player have the same opportunity. So long as the 'major' is academically rigorous enough, she can do something with it down the road (that gets at your question of getting a non-sports job with this major).

As for shoehorning: One concern I have is that teams will pressure players into majoring in the sport. This already exists. If players are able to earn academic credit for team activities (as opposed to having to sit in a classroom across campus), that pressure might increase.

Posted By : Howard Wasserman

Maryland may also have a corporate law defense to ...

Message posted on : 2012-11-28 - 13:59:17

Maryland may also have a corporate law defense to the complaint. The exit fee was increased from $20 million this spring by a resolution Maryland voted against. Depending on the state in which the ACC is incorporated, Maryland may have a right to walk away from the contract as a dissenting shareholder.
Posted By : Anonymous

The ACC will undoubtedly challenge Maryland on the...

Message posted on : 2012-11-28 - 14:17:02

The ACC will undoubtedly challenge Maryland on the $52 million fee until the bitter end. The end result all of this conference realignment is to get four 'mega-conferences' in football. That being said, the SEC, Big 10, Big 12 and PAC-12 are set up to be those four conferences. The Big East is done as a major conference leaving only the ACC to pick from as these 'mega-conferences' expand to 16 teams.

If Maryland is allowed to leave at a discount, Florida State is likely to be the next domino with Boston College, Clemson and others will soon follow suit to be divided between the Big 12, SEC and Big 10.

This will cost the ACC far more than $52 million, and for the sake of the ACC, let's hope the courts uphold the agreed upon exit fee.

Posted By : BLong

Interesting thought, William. Based on the ACC&#3...

Message posted on : 2012-11-28 - 18:39:14

Interesting thought, William. Based on the ACC's complaint, though, it appears that the conference is organized as an unincorporated nonprofit association under North Carolina law. I'll admit I'm not sure whether or not Maryland would have a similar potential argument in light of that structure.
Posted By : Nathaniel Grow

In response to Mr. Arnold's first point, I do not ...

Message posted on : 2012-11-28 - 21:43:05

In response to Mr. Arnold's first point, I do not believe athletes who major in their sport will be disadvantaged by believing they can go pro. Many, many college degrees may not result in the career the student desired (art, philosophy, religious studies, etc.). Even if an athlete fails to go pro, majoring in a specific sport or in sports studies in general would at least give the athlete a opportunity to study a topic he or she is interested in (rather than topics the athlete may have no desire to learn) and receive a degree that may be used in the future. A sports degree may prove valuable to the athlete's secondary career if that career has any foundation in sports (athletic trainer, coach, agent). So I would not discount a sports degree so fast considering the other degree options. True, business or computer science may be the more advisable options for an athlete who will not go pro, but a sports degree may be on par (for the athlete) with a degree in social science, political science, or drama- so let athletes study their field (we may learn it is worthy of such a pursuit). – T. Hoxie
Posted By : Anonymous

I hope these guys stand their ground...if they ref...

Message posted on : 2012-11-29 - 00:00:18

I hope these guys stand their ground...if they refused to play in the shirts, the club would have a strong position that wearing the shirt is just a condition of the workplace that the employer has great discretion in mandating. If this were in America, the players should claim the First Amendment prohibits the club from compelling them to promote something that crosses their religious beliefs. Don't know if that would fly in the UK though.
Posted By : baldwin.nate

This seems like a very important issue for the the...

Message posted on : 2012-11-29 - 17:38:02

This seems like a very important issue for the the next Collective Bargaining Agreement. Both owners and players will likely want a piece of the new revenue being brought in by the league through fantasy sports.
- Jevon Romeo

Posted By : Anonymous

I saw the clarification from the author that leag...

Message posted on : 2012-11-29 - 17:40:05

I saw the clarification from the author that league does not share in the revenue from yahoo sports leagues that charge money. I think the NBA should try to make money from fantasy sports if they could because after watching the 30 for 30 documentary on how fantasy sports were created, the director stated that fantasy sports is a 2 billion dollar industry today so players and owners should be compensated because someone is making a profit from the advertisements that are on these fantasy sites and to me this is similar to college players not being compensated under NCAA amateur regulations.
- Jevon Romeo

Posted By : Anonymous

I think the University of Arkansas' AD is hopi...

Message posted on : 2012-11-29 - 17:49:11

I think the University of Arkansas' AD is hoping that no one will challenging this rule since they are a public institution it would be very hard to have this rule enforced. This would be an interesting case if someone sued because the University does have a reputation to uphold but in the end i do not believe that they can limit student speech in a stadium setting because anybody can have sign a public stadium that buys a ticket.
- Jevon Romeo

Posted By : Anonymous

I think Maryland will have a very good argument th...

Message posted on : 2012-11-29 - 20:39:03

I think Maryland will have a very good argument that $52 Million+ is a Penalty meant to punish leavers instead of representing damage incurred by the league, especially since it's 3X their 2012-2013 operating budget.

I think Maryland's argument that it's a penalty is strengthened by the fact that the ACC was able to replace Maryland with another school (Louisville) very quickly.

Posted By : J. Kaiser

I think the ACC will have a hard time arguing 52 m...

Message posted on : 2012-11-29 - 20:44:44

I think the ACC will have a hard time arguing 52 million is a reasonable number for damages when it has already added Louisville to replace Maryland.
Posted By : AMaffett

I think the interesting part will be whether the t...

Message posted on : 2012-11-29 - 20:48:28

I think the interesting part will be whether the team executives (who presumably brokered the deal)will side with the players or whether they will side with the one writing them what i'm sure is a hefty check each month.

Also, I wonder if the company would exempt them for religious reasons in order to steer clear of bad press?

Posted By : J. Kaiser

While it is quite refreshing to see these four pla...

Message posted on : 2012-11-30 - 00:06:20

While it is quite refreshing to see these four players take the activist athlete position that they have (particularly Ba who is the leagues third leading scorer and Cisse who nearly helped the club to a top four finish last season), this is a unique case that I do not believe we will see repeated in the United States. Currently, in this country, no jersey in any of the four major sports leagues has a corporate sponsor on it, more or less one covering a large portion of the jersey's front like those in the English Premier League. Without a club forcing its players to wear what is effectively an advertisement of an unfavorable company, I do not see the issue arising.

Also, corporate sponsors and the companies that often employ athletes to sponsor their individual products are usually not the same. For example, the Carolina Panthers sold their stadium's naming rights to Bank of America while Cam Newton has sponsorship deals with the likes of Gatorade and Under Armour. Unless this changes, I do not see athletes standing up against the typical corporate sponsor anytime soon.

Note it appears that the NBA will have corporate sponsors on jerseys in 2013-14 so this same situation may be possible next season.

Jordan J

Posted By : Jordan Jones

While it is quite refreshing to see these four pla...

Message posted on : 2012-11-30 - 00:08:47

While it is quite refreshing to see these four players take the activist athlete position that they have (particularly Ba who is the leagues third leading scorer and Cisse who nearly helped the club to a top four finish last season), this is a unique case that I do not believe we will see repeated in the United States. Currently, in this country, no jersey in any of the four major sports leagues has a corporate sponsor on it, more or less one covering a large portion of the jersey's front like those in the English Premier League. Without a club forcing its players to wear what is effectively an advertisement of an unfavorable company, I do not see the issue arising.

Also, corporate sponsors and the companies that often employ athletes to sponsor their individual products are usually not the same. For example, the Carolina Panthers sold their stadium's naming rights to Bank of America while Cam Newton has sponsorship deals with the likes of Gatorade and Under Armour. Unless this changes, I do not see athletes standing up against the typical corporate sponsor anytime soon.

Note it appears that the NBA will have corporate sponsors on jerseys in 2013-14 so this same situation may be possible next season.

Jordan J

Posted By : Anonymous

It's fair to say that the ACC, or any conferen...

Message posted on : 2012-11-30 - 12:47:13

It's fair to say that the ACC, or any conference, has a legitimate reason for implementing a barrier to schools that breach a contract and leave the conference prematurely. An exit fee of $52 million, though, is excessive in my opinion and I suspect the ACC will have quite the uphill battle to add legitimacy to the number.

With conferences such as the Big East that have essentially imploded over the past 10 years, there is little doubt that the ACC feels threatened by conferences such as SEC, Big 10, Big 12, and PAC-12.

I also think that this will be settled out of court, much like the WVU, Big East lawsuit. However, it will be interesting to see if the Maryland move to the Big 10 will be as well received as WVU's move to the Big 12.

Posted By : B.Furr

I very much support this idea of a 'sports&qu...

Message posted on : 2012-11-30 - 12:58:33

I very much support this idea of a 'sports' major for student-athletes, assuming the curriculum is one rigorous enough for the growth and development we ultimately want from our college students. I envision this curriculum being practical for athletes, including all the core classes, then classes that prepare student-athletes for financial management, contract preparation, and communication skills. This idea is attractive on several fronts, especially for sending athletes into a sports arena better able to fight for their rights and contract terms.

I push back on the idea that someone with this type of major would be unable to secure non-sports job. And my argument can be simply put by using myself as an example. Upon college graduation, I earned a degree in English and Communication. My first job post graduation was working in retirement and finance. With the recession and decrease of jobs, there are millions of stories like mine.

Student-athletes and their teams struggle with keeping grades and interest in classes they are often steered toward because it's simply not something they want to do. Giving them an option of a 'sports' major would give them an option to learn practical skills in areas in which they are actually interested.

Posted By : B.Furr

I think this is a preview of coming attraction...

Message posted on : 2012-11-30 - 13:28:18

I think this is a preview of coming attractions in America. Recently, the NBA has started putting corporate logos on practice and other non-competition jerseys. How long until we have the same situation in Memphis or L.A.?

What I am interested to see is how this situation plays out on this side of the pond. American sports, now more than ever, are reliant on corporate sponsors. The American people also have an obsession with the First Amendment.

While the two issues (Free Speech and corporate sponsorship in a bargained-for employment agreement) may not actually be in opposition to one another, I think we will soon see the two issues come to a head in the media.

Posted By : atk001

With the election behind us, it seems that this po...

Message posted on : 2012-11-30 - 13:45:24

With the election behind us, it seems that this post was right on point. As both a NASCAR fan and a Republican (who can only speak for myself), I can say that there are two types of people who annoy more than most others: liars and wimps. Given the bluntness of our beloved drivers and the 'boys have at it' attitude of the sport, it can't be all that surprising that NASCAR fans were less than thrilled with Romney .
Posted By : Holley H.

I saw a tweet this week that said (paraphrasing) t...

Message posted on : 2012-11-30 - 14:09:33

I saw a tweet this week that said (paraphrasing) that the ACC would spend $50 million to make $50 Million. The underlying reasoning is, as the comments above reflect, that if the ACC lets Maryland go for a reduced fee, it will lose other schools to greener (see: color of money) pastures.
As to the issue of the punitive nature of the exit fee, I think Maryland (and Florida State for future reference) did an intelligent thing when the exit fee was up. Both schools, went on record saying that the exit fee increase was punitive and both schools voted against the raise. If for some reason this thing does end up in court (see earlier tweet reference) I think that both school have provided support for themselves in asserting that the exit fee was, in fact, punitive.

Posted By : atk001

I think this is a preview of coming attraction...

Message posted on : 2012-11-30 - 14:13:02

I think this is a preview of coming attractions in America. Recently, the NBA has started putting corporate logos on practice and other non-competition jerseys. How long until we have the same situation in Memphis or L.A.?
What I am interested to see is how this situation plays out on this side of the pond. American sports, now more than ever, are reliant on corporate sponsors. The American people also have an obsession with the First Amendment.
While the two issues (Free Speech and corporate sponsorship in a bargained-for employment agreement) may not actually be in opposition to one another, I think we will soon see the two issues come to a head in the media.

Posted By : atk001

I think this is a fantastic demonstration of athle...

Message posted on : 2012-11-30 - 14:18:38

I think this is a fantastic demonstration of athletes taking a 'political stand' for personal beliefs. These companies exist exclusively to capitalize on uneducated people who are desperate just to pay bills on time. The business model, as far as I'm concerned, is a complete sham used to hurt a demographic who quite sincerely 'doesn't know any better.' I applaud these players for forcing their teams to do something about this, it will be interesting to see what that exactly that something will be.

Though there may not be a typical equivalent American 'team' sport that relies on corporate sponsorship, there are certainly American athletes that largely rely on corporate funds. Nascar, golf, tennis, extreme sports are some examples of sports that rely heavily on these types of sponsors. I hope that these athletes take note, and take it upon themselves to be socially responsible in regards to the companies from which they accept funds. As they are in a particular demographic that is largely watched and could make a huge impact on how companies conduct business.

Posted By : B.Furr

While I admire the spirit of the post, I think it ...

Message posted on : 2012-11-30 - 14:52:14

While I admire the spirit of the post, I think it fails to consider the entire perspective of this debate. No matter what the issue is, some section of the population is going to be offended.
In this case we have the Ute Tribal Counsel who has approved of the use of the mascot, the administration of the school encouraging respectful representation of the tribe's traditions, and a school that has formed its own traditions around the use of the Ute logo.
My point is this: I think people are quick to assume a disrespectful and hurtful representation of tribal groups. It is my opinion and hope that, when done appropriately and with the consent of the governing tribal body, schools like Utah can help shed light on the traditions of native American people while continuing those the school has formed in the past.

Posted By : atk001

By replacing Maryland with Louisville as quickly a...

Message posted on : 2012-11-30 - 15:18:36

By replacing Maryland with Louisville as quickly as it did, the ACC may have hurt its argument about the significance of university defecting. However, the only argument it weakened is the difficult the league may have in replacing Maryland. The real purpose of the fee is to prevent the ACC from becoming the next Big East. For that reason, I think the ACC still has a better argument than many may think. Having said that, I would expect this to still settle but at a lower amount than what it would have been before the ACC's addition of Louisville.

Jordan J

Posted By : Anonymous

Mr. Kaiser - With as much money as they're pay...

Message posted on : 2012-11-30 - 15:42:29

Mr. Kaiser - With as much money as they're paying to be on the shirt, I cannot imagine Wonga would be happy to have some players not wearing the logo...especially because the most visibility for the logos comes when the tv cameras zoom in on the player after he scores, and all the players involved are goalscorers. But since Wonga has already gotten bad press because of this, it might be worthwhile for them to cut their losses and compromise. I would love to know if the sponsorship contract anticipated this.

Mr. J - I agree that drama like this is a big reason why American teams rarely mess around with advertising on jerseys. I didn't know about the NBA's plan, but I recall that Philadelphia's MLS team got criticized for striking a shirt deal with a Mexican-based snacks company called 'Bimbo', which presumably doesn't have a chauvinist connotation in Spanish. But that blew over.

Posted By : baldwin.nate

A rule that may make some golfers less competitive...

Message posted on : 2012-11-30 - 15:56:37

A rule that may make some golfers less competitive does not mean the rule is anticompetitive. For this reason, I agree with the authors. This is certainly within the authority of the USGA, and I do not see a case for the players. It would be nice to see an exemption for players who use belly putters for health reasons, such as Fred Couples, but where would the line be drawn on that issue?

Jordan J

Posted By : Anonymous

Maryland's argument is strengthened by the fac...

Message posted on : 2012-11-30 - 16:12:56

Maryland's argument is strengthened by the fact that the exit fee was only raised to its present level in the middle of this latest round of realignment, which gives the impression that the ACC was only trying to circle the wagons and make it prohibitively painful for any school to breach.

But this will end up just like WVU vs. Big East...the parties will settle it amongst themselves for a smaller fee, too much money at stake to leave it up to a judge. And then FSU will try the same thing...

Posted By : baldwin.nate

David Stern has been a good commissioner as eviden...

Message posted on : 2012-11-30 - 17:37:46

David Stern has been a good commissioner as evidenced by these stats. However, his recent stance on Greg Poppovich sitting star players Duncan, Ginobili, and Parker is untenable. Athletes need rest too.

I think it's ridiculous for Stern to punish the Spurs, Poppovich, or the players. The Spurs are one of the best-run sports organizations in America. I think Pop was trying to send Stern a message that was not well-received. He won't make his players play at the expense of their health.

Posted By : Anonymous

This is a farce. The Marlins stole taxpayer money...

Message posted on : 2012-11-30 - 17:40:42

This is a farce. The Marlins stole taxpayer money to fund a gigantic stadium with the promise of attracting big name talent to Miami. In the end, they trade everything away but the stadium and some minor league prospects and leave the city with the bill. This is ridiculous, and the Marlins continue to do it. The only problem is that they are successful at it.

Will Swann

Posted By : Anonymous

I think if an athlete would like to 'major&qu...

Message posted on : 2012-11-30 - 23:17:12

I think if an athlete would like to 'major' in their sport (or another sport that they may have an interest in but do not play) they should be allowed to pursue that interest. Would a class in 'basketball defenses' really be all that different than an PE class in rhythms, outdoor activities, or swimming? Also, learning a sport may lead to other professional opportunities -- like coaching.

However, I also worry that athletes will be pushed toward these majors when they would really like to study a different subject.

Posted By : Holley H.

This was suggested many years ago on a Real Sports...

Message posted on : 2012-12-01 - 23:38:41

This was suggested many years ago on a Real Sports segment, it was proposed by a dance professor at Ohio State. How long ago? Andy Katzenmoyer was still playing for OSU, so I'm not sure why this is being treated as some groundbreaking proposal.
Posted By : Glenn

I think that the ACC will have to fight this to th...

Message posted on : 2012-12-03 - 09:59:32

I think that the ACC will have to fight this to the end because they do not trust Louisville. If the Big East did not raise their exit fees and notice period following the departure of West Virginia and TCU I think Boise State would have bolted by now. The Big 12 will eventually follow suit and expand and if the fees are not astronomically high (52 million) I think Louisville will leave once Clemson and Florida State begin to test the waters.
Posted By : S. Neal

This is a great idea. Administrators would not hav...

Message posted on : 2012-12-03 - 10:14:16

This is a great idea. Administrators would not have to start from scratch to implement this plan. Most universities already have sports management as a major. If we were to tailor that towards performance in a specific sport, provide intense networking while participating in that sport, and infuse finance and business management courses in conjunction with a specific sport this would work perfectly for athletes.

Many athletes, Olympic sports included, leave school with aspirations to coach sports with now knowledge of how to enter their coaching field. P.E. degrees will not do it.

Offering a comprehensive major in a specific sport could ultimately standardize the playing field for potential coaches, increase the number of qualified minority candidates, and does not require re-inventing the wheel. Consolidate sport specific classes with some business classes, leadership, etc...

Posted By : S. Neal

Pittsburgh and Syracuse were actually subject to a...

Message posted on : 2012-12-03 - 12:35:17

Pittsburgh and Syracuse were actually subject to a $5 million exit fee and a 27-month notice to leave the Big East Conference. They negotiated an exit fee of $7.5 million (GREATER than the agreed upon fee) to leave before the 27-month notice.

Many, you included, have said that the exit fee was negotiated for a lesser amount since they have seen reference to a $10 million exit fee and a 27-month notice to leave the Big East. The $10 million fee was implemented after Pitt and Syracuse gave notice and did not apply to them.

West Virginia negotiated a $20-million fee to leave the Big East even earlier, essentially 24 months earlier than if they had complied with the 27-month notice.

So, in all 3 cases, the universities paid more than the exit fee and the quid for the additional payment was a waiver of part of the notice period.

The ACC does not, I assume, have a notice period.

Posted By : Christopher Bare

If lineman could hold, this would cause the runnin...

Message posted on : 2012-12-03 - 19:52:37

If lineman could hold, this would cause the running game to increase drastically. Think about it... if the O-line can grab onto the D-line, this gives the running back too much of an advantage with the holes this who create. Although you have some valid points, these will never come to fruition.
Posted By : Anonymous

Marc, I think your first reason is the most signif...

Message posted on : 2012-12-04 - 22:04:58

Marc,
I think your first reason is the most significant. But don't forget to include Greed, Arrogance and Insanity.
Talk to any NHL fan and they are absolutely incredulous that these people can't get their act together. Forget decertification. It might be time to totally extinguish the NHL and create a new league from scratch with teams owned by Green Bay type civic corporations. None of the existing owners needs to apply.


Posted By : Alan Milstein

Alan, I think your point about a league with teams...

Message posted on : 2012-12-05 - 10:57:30

Alan, I think your point about a league with teams run by civic corporations is really interesting. To me, there's a sad state of irony when the community bears so much of the cost of creating professional sports (i.e. stadium and arena building costs, roads and infrastructural improvements) while a few uber-wealthy owners get most of the derived benefits. The Miami Marlins example is the absolute worst case of this. However, there are other similar problems throughout sports -- perhaps hockey included.
Posted By : Marc Edelman

I do not think there is a legitimate claim that $5...

Message posted on : 2012-12-06 - 18:38:20

I do not think there is a legitimate claim that $52 million simply represents the damage that will be incurred by the league, given the facts.

The important thing to look at is what they are replacing Maryland with. As Maryland leaves, the conference is adding Pitt, Syracuse, and likely Louisville(if not already done). Those teams bring in $56.3 million, $73.3 million, and $87.8 million.

There may be a legitimate argument through this conference shift, including Maryland leaving, the conference will actually become more valuable. As the ACC is realizing a total net gain, it would be illogical to claim $52 million in damage.

Stapleton

Cite: http://www.al.com/sports/index.ssf/2012/12/alabama_and_auburn_stay_among.html#incart_river_default

Posted By : Matt Stapleton

I think there is potential in this idea. However, ...

Message posted on : 2012-12-06 - 18:47:57

I think there is potential in this idea. However, I think the idea needs to be broadened beyond being a professional athlete because of the very low percentage of athletes that actually make it.
Their study should focus on the many different avenues from which they can pursue a career in their sport. Teach them how to teach their sport and its attributes. This way if it does not work out professionally for them they have to opportunity to still find a career in the sport they love. For example, as a coach, athletic trainer, or in the offices of athletic departments and front offices.

Stapleton

Posted By : Matt Stapleton

The first thing that struck me reading this articl...

Message posted on : 2012-12-06 - 18:57:30

The first thing that struck me reading this article was how mad the loan company must be. I could imagine they are attempting a find a way to void the contract as I'm sure it requires all team members to wear the logo.
Further, I could imagine they want this to disappear as quickly as possible. This is nothing but bad press for their company and they are being exposed for charging extremely high interest rates.

Stapleton

Posted By : Matt Stapleton

'without a union representing their best inte...

Message posted on : 2012-12-09 - 11:50:21

'without a union representing their best interests'

why the need for a union? why can't the player be represented by an attorney?

Posted By : Anonymous

I agree a lot with what you have to say, however, ...

Message posted on : 2012-12-10 - 03:19:48

I agree a lot with what you have to say, however, the NFL, NBA, and other professional sports also have a global market for players and have still been found to have market power. I think there actually might be a strong argument in this regard to market power.
Posted By : Anonymous

Why the need for a union for any employee when the...

Message posted on : 2012-12-10 - 07:51:10

Why the need for a union for any employee when they can simply be represented by an attorney? Think about how different college sports would be if the players were allowed to collectively bargain.
Posted By : Anonymous

A&M (nor any other NCAA institution) is allowe...

Message posted on : 2012-12-10 - 11:19:34

A&M (nor any other NCAA institution) is allowed to profit from the name or likeness of a player. It is in the NCAA rules.

As such, A&M cannot license jerseys with 'Manziel' on the back, etc. They can sell #2 jerseys, etc. It is a splitting hairs situation, but I am really tired of the media misrepresentation of this.

The school is working with the family to trademark the name for the family not the school. However, I am not sure that a whole lot of schools would do the same. Hopefully, I am wrong in that thought.

The school will still make plenty without using his name or likeness and hopefully he gets longstanding earnings from the 'Johnny Football' trademarking.

Posted By : Anonymous

It's actually 'better' than your num...

Message posted on : 2012-12-10 - 17:32:50

It's actually 'better' than your numbers state. You forgot to count 2010-11 and are missing 1230 games. It's - 22,781 scheduled games during Bettman's era, not 21,551.

So, it was - 7.5% games lost (not 7.9%) going into the lockout. It's - 9.3% games lost (not 10.1%) to 12/10/12. It'd be - 12.2% games lost (not 12.9%) if the season is canceled.

Nonetheless, it's truly sad that so many games haven't been played during the Bettman era.

Posted By : Pat

Hi Pat, good catch, thanks - I've fixed the nu...

Message posted on : 2012-12-10 - 23:35:13

Hi Pat, good catch, thanks - I've fixed the numbers. Appreciate you checking it and letting me know.
Posted By : Michael McCann

I will never understand why the players have waite...

Message posted on : 2012-12-17 - 14:37:58

I will never understand why the players have waited so long to disband the union. Without a union the non-statutory labor exemption goes away and the owners would not be able to have a salary cap, luxury tax, max salary, max contract length, or any of the other concessions the owners are trying to wring out of the players. Decertify the union and let the owners be on the hook for triple damages for every paycheck missed. The biggest downside to decertification is that it takes time for the legal process to proceed but if you are potentially going to miss a season, miss it while earning triple your salary.
Posted By : Damon

What do you mean when you say '“At the end of...

Message posted on : 2012-12-18 - 21:23:45

What do you mean when you say '“At the end of the day, no court has ever decided whether a disclaimer of interest is sufficient for players to file an antitrust suit. No court has definitively stated that a formal decertification is sufficient for that matter.'

The first time the NFL players disclaimed interest it certainly was shown to be sufficient for the non-statutory labor exemption to no longer apply. The courts laid out a ground work for every other league to follow for there to be a disclaimer of interest. There has never been a court that has said that a disclaimer is not sufficient for filing an anti-trust suit. there has never been a court that has said a lockout was legal after the disclaimer of interest. It is possible that our legal system is so flawed that it is almost impossible for the players to see an anti-trust suit to the end where they would be owed treble damages but if the players are going to miss an entire season anyway then they should file for disclaimer so they are in line for those treble damages and the owners have far more risk in the matter.

Posted By : Damon

Damon, I'm not sure if you're referring t...

Message posted on : 2012-12-19 - 09:26:52

Damon,

I'm not sure if you're referring to the NFL players' actions back in the late-1980s and early-1990s, or if you are talking about the most recent 2011 lockout. It is true that NFL players successfully pursued antitrust litigation in the late-1980s, but that was after a formal decertification of the NFLPA, not a disclaimer of interest.

Meanwhile, the issue of whether the NFLPA's 2011 disclaimer of interest was sufficient to extinguish the non-statutory labor exemption, and thus allow the players to proceed with their antitrust suit, was not specifically addressed in Brady. The courts never reached a final ruling on that question. Rather, the trial and appellate courts only decided whether the NFL players were entitled to a preliminary injunction.

In the 1996 case of Brown v. Pro Football, the Supreme Court suggested that decertification would be sufficient to extinguish the non-statutory exemption, but did not definitively decide the issue. The Court did not address whether a disclaimer would be sufficient. Strong arguments can be made either way as to whether a disclaimer of interest marks a point 'sufficiently distant in time and in circumstances from the collective-bargaining process' to allow the NHL players to proceed with an antitrust suit, as Brown requires. On the one hand, a disclaimer does legally end the union's collective bargaining authority. But on the other hand, a disclaimer can be quickly reversed, as we saw in both the NFL and NBA lockouts of 2011, and therefore may not be enough to remove the parties from the non-statutory exemption.

Posted By : Nathaniel Grow

I am under the impression that back in the late 80...

Message posted on : 2012-12-19 - 10:06:14

I am under the impression that back in the late 80's the NFLPA did disclaim interest rather than do a full decertification election.

In reading the McNeil opinion you can see this footnote:

'The court thus rejects defendants' contention that 'there was not a single case ... that would have foreshadowed [an] opinion that the NFLPA's unilateral abandonment of collective bargaining rights would be sufficient to nullify the NFL's nonstatutory labor exemptions.' Defendant's Brief at 12 n. 5. First, the dissent in Powell III clearly suggested such a result. The court further notes that plaintiffs cited a number of such cases in their motion for partial summary judgment on the labor exemption issue in McNeil. (Plaintiffs' Brief in Support of their Motion for Partial Summary Judgment at 11-15 (Nov. 2, 1990)).

In evaluating the effectiveness of the NFLPA's disclaimer of its status as a labor union, the NLRB also cited various cases in support of that proposition when ruling that:

In order for a union's disclaimer in representing a particular unit to be valid, it must be unequivocal, made in good faith, and unaccompanied by inconsistent conduct. We conclude that there has been no conduct by the NFLPA which is inconsistent with its disclaimer. Moreover, when a union has made a valid disclaimer, no question concerning representation exists and a decertification election will not be held because it would be an unnecessary waste of time and resources. In addition, the fact that the disclaimer was motivated by 'litigation strategy,' i.e., to deprive the NFL of a defense to players' antitrust suits and to free the players to engage in individual bargaining for free agency, is irrelevant so long as the disclaimer is otherwise unequivocal and adhered to.'

I read that to mean that the union disclaimed interest rather than going through the formal decertification process. (looking at the Brady v NFL docs it points to the same conclusion that there was a disclaimer of interest rather than a full decertification)

It seems to me that the way to show that it is a sham decertification would be that the employer could then offer any individual player any contract that they wished to and the players would be unable to go on strike to protest. The problem for the league is that the mechanisms to keep salary down (salary cap, draft, franchise tag, etc) would be on their face illegal without the non-statutory labor exemption to be in place.

And this is why I think that sports athletes are almost certainly better off without a union at this point.

Posted By : Damon

Good catch, Damon. I've always understood tha...

Message posted on : 2012-12-19 - 13:25:53

Good catch, Damon. I've always understood that the NFLPA went through with a formal decertification in the late-80s, but it appears you are correct.

Ultimately, though, I don't think that resolves the issue of whether a disclaimer of interest is sufficient for the players to pursue antitrust litigation. Powell and McNeil were decided pre-Brown, and as such weren't decided under the current standard. Given the Supreme Court's language in Brown about when the non-statutory exemption terminates, one can certainly argue that a disclaimer isn't sufficiently distant in time to render the exemption inapplicable. But there are obviously arguments on the players' side as well. In short, reasonable minds could disagree about the sufficiency of a disclaimer.

Posted By : Nathaniel Grow

I just don't see any evidence that the courts ...

Message posted on : 2012-12-19 - 16:33:53

I just don't see any evidence that the courts have ever treated a legitimate disclaimer of interest as different than a full decertification. In the rest of the economy the employer is happy to see the disclaimer of interest. At that point they are able to negotiate with the workers individually and it only becomes a sham decertification if the workers continue to picket, strike, or take mass actions. As far as I can tell as long as the players are willing to move forward and let the free market set their rates then the non-statutory labor exemption is gone. If a supermajority of the players do not wish to accept the best deal that the union is able to negotiate for them, then how can it be possible that they aren't allowed to dissolve the union and negotiate individually? I simply don't see how its possible that the non-statutory labor exemption would still apply, and no court has ever found that it does still apply after a disclaimer of interest.

Maybe the owners can run out the clock because of how slow our legal system is, but I simply haven't seen a compelling argument that the non-statutory labor exemption would continue to exist once a supermajority of players are willing to give up their rights to collective action.

So from where I sit- if the players are going to lose a season anyway. They are unquestionably better off with a diclaimer of interest where they can be in line to collect treble damages for all paychecks missed.

Posted By : Damon

Jason Giambi is still in the majors? The things I...

Message posted on : 2012-12-20 - 12:29:52

Jason Giambi is still in the majors? The things I learn from this site...
Posted By : Ken Houghton

'...although it illustrates well the difficul...

Message posted on : 2013-01-02 - 08:18:50

'...although it illustrates well the difficulty (if not impossibility) of using § 1983 to challenge misconduct in the criminal justice system'

The original presiding judge (Beaty) even went so far as to resurrect the Dred Scot doctrine, when he ruled that no matter what Sec. 1983 and 1985 actually said (in that they refer to 'every citizen' and 'every person'), they were really only intended to refer to persons of African descent; and thus no whites, Latinos, Native Americans, Asians, etc. had the right to sue for violations of their civil rights under color of law. (And certainly not white Duke lacrosse players.)

Given the predilection of the courts for protecting prosecutors no matter what their actions, I would suggest that this (and other recent court decisions) make it virtually impossible to challenge misconduct
in the judicial system.

And that it demonstrates that the courts give priority to protecting their own, rather than safeguarding the rights of defendants.

Posted By : Anonymous

Howard (or should I call you Dylan Thomas): I jus...

Message posted on : 2013-01-02 - 16:39:46

Howard (or should I call you Dylan Thomas):

I just posted a very quick antitrust analysis on the issue for Forbes:

http://www.forbes.com/sites/marcedelman/2013/01/02/pennsylvania-to-file-antitrust-lawsuit-against-ncaa//

Posted By : Marc Edelman

Were they asking for constitutional process? I rea...

Message posted on : 2013-01-03 - 10:41:21

Were they asking for constitutional process? I read it more as asking for the process that the (private) organization guarantees and arguing that the failure to provide that process made the decision arbitrary and thus violative of the Sherman Act.

Good call on the 'NCAA's out to get us' aspect of the complaint. Again, probably necessary to show unreasonableness, even if not (in the new lingo) 'plausible.'

Posted By : Howard Wasserman

Howard - thanks for the thoughts. I do read this ...

Message posted on : 2013-01-03 - 11:33:45

Howard - thanks for the thoughts. I do read this as they are seeking constitutional due process. In people attacking the NCAA process, so often the complaint is of lack of due process. I have yet to have one of these complaints, formal or otherwise, seek the 'fair process' that the NCAA administrative law process is bound by its own rules to provide, as opposed to due process. There are instances in the complaint in which there is an attack on the NCAA for not providing the NCAA normal process, and other places in which due process is complained of as not being given.

Thanks

Posted By : Tim Epstein

We have gone from 'human error' to &quot...

Message posted on : 2013-01-04 - 09:18:58

We have gone from 'human error' to 'technology-enhanced human error' and call this progress.

Why is college basketball different from other sports, where you need conclusive video proof to overturn the on-court decision? (Honestly don't understand.)

Posted By : Ken Houghton

Steve Eder at the NY Times has done a solid job co...

Message posted on : 2013-01-04 - 12:42:18

Steve Eder at the NY Times has done a solid job covering this. I gave him a quote on this yesterday.

http://www.nytimes.com/2013/01/04/sports/ncaafootball/smu-case-suggests-hard-road-for-corbetts-penn-state-suit.html?smid=pl-share

Posted By : Tim Epstein

I agree the Commonwealth has some serious standing...

Message posted on : 2013-01-05 - 11:53:20

I agree the Commonwealth has some serious standing problems. But it is interesting to argue that Penn State essentially had a gun to its head and had little choice but to fall on its sword so the Commonwealth had to step in. What is missing in the Complaint--or not emphasized enough-- is the argument that the fine is unlawful. It has to get paid somehow that will ultimately come out of the state's pocket and will ultimately affect student services. Money is as they say fungible, so no matter what pocket you take it from, the other pocket is depleted.
Posted By : ALAN MILSTEIN

I don't think that the lying should matter . ....

Message posted on : 2013-01-10 - 19:57:52

I don't think that the lying should matter . . . but if it does matter (I suppose as part of the character/integrity standard), I wouldn't place a whole lot of weight on their acquittals. They aren't *innocent* in the sense of having been proven to have not lied; the verdicts simply reflect conclusions that the prosecutions in those cases failed to prove beyond a reasonable doubt that they lied under oath.

It could well be that the juries even felt that they had probably lied under oath, but they weren't certain enough to convict.

The standard for enshrining someone in the Hall of Fame shouldn't be (if this is a relevant factor) they weren't proven beyond a reasonable doubt to have lied under oath. It should be much much higher.

Posted By : Tungster

It's the Hall of Fame, not the Hall of Morals....

Message posted on : 2013-01-11 - 11:36:27

It's the Hall of Fame, not the Hall of Morals. These are two of the greatest players of all time (probably both in the Top 10 of all time) despite their alleged transgressions.

Regardless, the baseball writers should be removed from the equation. They have proven, through their own writings, that they can't be impartial.

Posted By : Myles Solomon

what happened to my comment? too close to the trut...

Message posted on : 2013-01-11 - 18:45:39

what happened to my comment? too close to the truth, or do you just post the ones you agree with?
Posted By : Anonymous

To Anonymous: your comment was inadvertently delet...

Message posted on : 2013-01-12 - 14:46:40

To Anonymous: your comment was inadvertently deleted as spam. Sorry about that - my fault, not the author's. I hope you can put it or something similar up again.

Best,
Mike McCann

Posted By : Michael McCann

That's a real coup for UNH. Instant industry l...

Message posted on : 2013-01-15 - 11:08:21

That's a real coup for UNH. Instant industry leader. McCann is doing great work in the field.
Jeff Standen

Posted By : Anonymous

Some updates that can impact the sports industry i...

Message posted on : 2013-01-17 - 02:21:18

Some updates that can impact the sports industry in a positive way! Thank you for sharing.
Posted By : Family Law Specialists

Players who cheat to pad their stats and then lie ...

Message posted on : 2013-01-18 - 10:24:09

Players who cheat to pad their stats and then lie about it don't deserve to be in the Hall of Fame. Their records are ill gotten gain. It also sends a direct and unmistakable message to kids and young players- cheat to get ahead. Who would want to support that?
Posted By : Anonymous

Drats. Was expecting Tori (nee Ellen) Amos's ...

Message posted on : 2013-01-19 - 21:25:47

Drats. Was expecting Tori (nee Ellen) Amos's song about Baltimore and Weaver that rhymes 'Baltimorean' with 'Orioles fan,' iirc.

George Will rattling cliches was a letdown--though it gets MUCH, MUCH better.


Posted By : Ken Houghton

I think paying college athletes will open Pandora&...

Message posted on : 2013-01-21 - 19:48:50

I think paying college athletes will open Pandora's box but I understand paying them as they bring in millions for universities.
Posted By : Dave

Tim- It's good to see another post on this is...

Message posted on : 2013-01-22 - 10:39:48

Tim-

It's good to see another post on this issue. As an OSU alum and aviation products liability attorney, it's good to see OSU taking the proper precautions to keep its students, athletes, and coaches safe. Let's hope this tragedy not only has a positive impact on OSU and its policies, but that every other intercollegiate athletics department takes note of these issues as well.

Rick Griffin, Wichita, KS

Posted By : Anonymous

Message posted on : 2013-01-22 - 13:20:45

Law didn't work out for Vilma. Well it's good that you got something out of the case :D
Posted By : Anonymous

Hey Tim- I'm an OSU alum and I did not know m...

Message posted on : 2013-01-23 - 09:27:18

Hey Tim-

I'm an OSU alum and I did not know many of the facts you've posted here. Thanks for clearing a few things up regarding the details of the crash. Go Pokes!

-Travis

Posted By : Anonymous

I just posted this over there, but: I don't be...

Message posted on : 2013-01-23 - 15:32:36

I just posted this over there, but: I don't believe the copyright in a photo rests w/ the subject of the photo, I believe it rests with the person who took it (which may be O'Meara, although not necessarily). A different approach would be some sort of right of publicity tort, for using her image w/o permission.
Posted By : Howard Wasserman

Rick and Travis, Thanks for your thoughts, guys. ...

Message posted on : 2013-01-24 - 07:44:17

Rick and Travis,

Thanks for your thoughts, guys. I'm glad that you found the post to be informative. I echo Rick's sentiments that there is an opportunity to learn from this tragedy as we did from the last crash.

Thanks

Posted By : Tim Epstein

It's hard to have sympathy with athletes who l...

Message posted on : 2013-01-30 - 08:14:46

It's hard to have sympathy with athletes who let their weight slide. When your weight is directly related to your employment (and when your employment is one that pays so well and affords such celebrity) surely they should take it on themselves to stay in peak physical condition.
Posted By : Harris @ TLH Finchley

Why don't we just have another Hall of Fame of...

Message posted on : 2013-02-02 - 06:22:10

Why don't we just have another Hall of Fame of Cheaters and let it go? Then all the great names with all their records will be in a Hall of Fame and we can all go back to sleep.
Posted By : manotick

Great article Warren! I think your addendum would ...

Message posted on : 2013-02-08 - 05:35:44

Great article Warren! I think your addendum would be perfect if you changed “If there is a coaching change..,' to 'If there is a head coaching change...' because 'coaching change' is too broad. Coaching change could refer to the special team's coach leaving the football program. How do you think we as a nation can go about making this provision a reality?
Posted By : Anonymous

Good thoughts about having an additional clause fo...

Message posted on : 2013-02-09 - 18:16:22

Good thoughts about having an additional clause for the student...
Posted By : Samson Freundlich

Thanks for the positive comments. Always surprise...

Message posted on : 2013-02-10 - 09:25:31

Thanks for the positive comments. Always surprised that the NLI isn't debated more than it is....seems like an obvious way to improve things for student-athletes that doesn't impact 'a level playing field.'
Posted By : Warren K. Zola

NLI's signed by parents if PSA is under 21 not...

Message posted on : 2013-02-10 - 20:59:47

NLI's signed by parents if PSA is under 21 not 18.
Posted By : Anonymous

Your welcome Warren, I respect people who advocate...

Message posted on : 2013-02-10 - 22:08:45

Your welcome Warren, I respect people who advocate for athletes, you should try to get ESPN to do a 30 for 30 on the NLI.
Posted By : Anonymous

I love this article. I agree with everything this ...

Message posted on : 2013-02-13 - 10:54:04

I love this article. I agree with everything this article says. I also agree that it should be changed to include 'a head coach change' just to be sure exactly what is intended.
Posted By : Anonymous

Mutu is still a great player, but it has only a fe...

Message posted on : 2013-02-14 - 05:39:26

Mutu is still a great player, but it has only a few yers before it will need to retire.
Posted By : wallpaper

Thanks for posting this. I reviewed the Kansas web...

Message posted on : 2013-02-15 - 16:18:40

Thanks for posting this. I reviewed the Kansas website fantasy sports language while researching a guide on contests and sweepstakes law. I have been unsuccessfully searching for a statement from Kansas as to why the language was removed. Your posting re-inforces my impression that Kansas provided no such explanatory statement. By the way, I read your article, 'A Short Treatise on Fantasy Sports and the Law'. I'm flattered that you cited my Guide Through the Legal Jungle blog in your article.
Posted By : Joy Butler, Attorney and Author

I can't agree you more. The eligibility rules ...

Message posted on : 2013-02-15 - 17:47:56

I can't agree you more. The eligibility rules have changed several times during the history. But it is still unfair.
--GoGoShopper

Posted By : John Terris

I don't understand the reasoning behind much o...

Message posted on : 2013-02-16 - 14:45:01

I don't understand the reasoning behind much of what the NCAA does, but capping disability insurance seems particularly mysterious. What is the justification?
Posted By : Richard Hershberger

As a graduate of the academy I highly recommend th...

Message posted on : 2013-02-18 - 13:59:10

As a graduate of the academy I highly recommend this program to everyone, not just those interested in sports and entertainment law. The skills you learn in during program can be applied to all areas of practice.

For those who are interested in that area of law, you get great instruction and gain great insight into the workings of the industries.

Great professors, great program, highly recommended!

Posted By : jimj44

As a graduate of the academy I highly recommend th...

Message posted on : 2013-02-18 - 13:59:37

As a graduate of the academy I highly recommend this program to everyone, not just those interested in sports and entertainment law. The skills you learn in during program can be applied to all areas of practice.

For those who are interested in that area of law, you get great instruction and gain great insight into the workings of the industries.

Great professors, great program, highly recommended!

Posted By : jimj44

The Braves nickname may sound offensive to some, b...

Message posted on : 2013-02-19 - 06:47:55

The Braves nickname may sound offensive to some, but is actually not directly related to native Americans. Just who were those 'Braves' in Boston who dumped tea into the harbor?
Posted By : Doug Sligh

This is one of the finer pieces I've read on t...

Message posted on : 2013-02-19 - 15:07:46

This is one of the finer pieces I've read on this site. Thanks so much for sharing.
Posted By : Jesse Fries

I get the back and forth when it comes to names li...

Message posted on : 2013-02-20 - 13:38:56

I get the back and forth when it comes to names like the Blackhawks or Indians. I really can't see what the justification is for calling a team that Redskins. That just seems to be a step beyond the others and I think that its long past due that the name is changed.
Posted By : Unknown

I agree that 'Redskins' is offensive, es...

Message posted on : 2013-02-21 - 10:24:40

I agree that 'Redskins' is offensive, especially for a team in our nation's capitol. As to other names like 'Fighting Sioux' or 'Indians,' it can be argued that they are a compliment, preserving the relevance of the name. If all such names were eradicated, there would be no societal impetus for, say, a fifth grade sports fan to think, hey, I should read some books about the Sioux to see where this this team name actually came from. I am a norwegian Vikings fan, and would be saddened if the name of our team was changed. When else would the term 'Viking' from my heritage ever come up? The point is, be careful what you wish for.
Posted By : Anonymous

I agree that 'Redskins' is offensive, es...

Message posted on : 2013-02-21 - 10:26:01

I agree that 'Redskins' is offensive, especially for a team in our nation's capitol. As to other names like 'Fighting Sioux' or 'Indians,' it can be argued that they are a compliment, preserving the relevance of the name. If all such names were eradicated, there would be no societal impetus for, say, a fifth grade sports fan to think, hey, I should read some books about the Sioux to see where this this team name actually came from. I am a norwegian Vikings fan, and would be saddened if the name of our team was changed. When else would the term 'Viking' from my heritage ever come up? The point is, be careful what you wish for.
Posted By : Anonymous

Thank you, Warren, for creating and administering ...

Message posted on : 2013-02-21 - 22:24:00

Thank you, Warren, for creating and administering our Twitter page, and for coming up with the idea and initiative to do it.

I think I can speak on behalf of the entire blog and our readership in saying we really appreciate it.

Posted By : Michael McCann

My pleasure. The goal is to continue to promote t...

Message posted on : 2013-02-22 - 09:18:21

My pleasure. The goal is to continue to promote the intellectual capital of our contributors--including our Editor-in-Chief.
Posted By : Warren K. Zola

I also want to thank Warren for his efforts in thi...

Message posted on : 2013-02-22 - 12:06:59

I also want to thank Warren for his efforts in this initiative on behalf of the contributors to the Sports Law Blog.
Posted By : Ed Edmonds

I'm curious, do you have an explanation for wh...

Message posted on : 2013-02-25 - 21:13:18

I'm curious, do you have an explanation for why bunts are excepted from the infield fly rule? My hypotheses are:
1) The rulemakers expect that a competent player can bunt the ball down onto the ground. If he can't, and two of the runners get thrown out as a result, then it's his own damn fault.
2) A bunt doesn't typically stay up in the air long enough for an infielder to conceive of a plan to let it drop and get two outs, so the rule is unnecessary.
3) Many times, when a bunt is popped up, the fielders have time to turn a double play just involving one runner and the batter-runner. And, whether the infield fly rule applies to bunts or not, the fielders will have such a chance when there's a runner on 1st but none on 2nd. So, applying the infield fly rule to bunts would create an anomaly that a 'fair' double play (that is, one involving the batter-runner and the runner from 1st) would be available depending on the fortuity of whether 2nd was occupied. This anomaly doesn't exist for normal pop-ups because the batter-runner will almost always have time to get to 1st before a double play can be turned. In other words, the only double play that's ever available is the 'unfair' one (that is, involving two runners) that the infield fly rule is designed to prevent.

Posted By : Benjamin Schak

Benjamin: I did not cover this in the article, alt...

Message posted on : 2013-02-26 - 17:25:32

Benjamin: I did not cover this in the article, although I should (still time to edit, fortunately). I would say it is a combination of ## 2 and 3--the disparity of control isn't there because the defense can't settle under the ball in the same way (just as with a line drive, which I do discuss in the paper). I like your conception of the 'fair' double play on the batter and one runner as pulling it outside the rule.
Posted By : Howard Wasserman

Watching the backlash against Loria down here has ...

Message posted on : 2013-02-26 - 17:30:18

Watching the backlash against Loria down here has been something to behold. Everyone has turned on them. He held a meet-and-greet with the local media over the weekend and no one showed up. Season ticket sales are around 5000 or 7000 (down from 12k last year). There is doubt about whether the park will sell out on Opening Day.

Of course, none of it really matters. Loria will eventually sell the team at a huge profit. And before that he will continue to make money by having a low payroll and collecting revenue-sharing money. And if it gets really bad, he'll threaten (again) to take the team to Las Vegas. Which, contra your suggestion, will be more than happy to build him a $ 1 billion stadium.

And the Dolphins are already demanding about $ 300 million for renovations, which the County and State will again fork over. Nothing changes.

Posted By : Howard Wasserman

As to your first question asking about the distinc...

Message posted on : 2013-02-27 - 11:20:44

As to your first question asking about the distinction between suing to protect IP rights and for someone stealing a wallet, the presence and value of Manziel's IP rights are inextricably linked to his athletic career.

As to the second comment about Manziel enforcing IP rights against A&M or the NCAA, he has already signed over those rights as a condition of participation.

Posted By : John Dougherty

As to your first question asking about the distinc...

Message posted on : 2013-02-27 - 11:21:05

As to your first question asking about the distinction between suing to protect IP rights and for someone stealing a wallet, the presence and value of Manziel's IP rights are inextricably linked to his athletic career.

As to the second comment about Manziel enforcing IP rights against A&M or the NCAA, he has already signed over those rights as a condition of participation.

Posted By : John Dougherty

As to your first question asking about the distinc...

Message posted on : 2013-02-27 - 11:21:29

As to your first question asking about the distinction between suing to protect IP rights and for someone stealing a wallet, the presence and value of Manziel's IP rights are inextricably linked to his athletic career.

As to the second comment about Manziel enforcing IP rights against A&M or the NCAA, he has already signed over those rights as a condition of participation.

Posted By : John Dougherty

What's to stop Johnny's neighbor from prin...

Message posted on : 2013-02-28 - 15:18:31

What's to stop Johnny's neighbor from printing a batch of T-shirts and selling them for $20 near the stadium at an A&M game, then being 'sued' by Johnny for trademark infringement? If he and Johnny settled out of court and remained pals how would this differ from the case you referenced? How much separation between the neighbor and Johnny would be required? Since the NCAA cannot force anyone other than Johnny to submit to an interview, where does the investigation begin if Johnny denies any knowledge of the plan before the fact? How do we know this has not already happened?
Posted By : Doug Sligh

Great work on your article, however I think your a...

Message posted on : 2013-03-01 - 12:45:30

Great work on your article, however I think your analysis does not address what is perhaps one of the better defenses the NCAA has. The board of regents case even has dictum on the point. The fact that the athletes are not paid is what differentiates collegiate athletics (as a product) from say minor league baseball or any other professional sport which consumers may choose to enjoy. Thus the no pay rules are essential to the product and in effect enhance competition by providing consumers with a product that they would not otherwise have. I think the BMI v. CBS case is also on point and indicates that the Supreme Court has given substantial weight to arrangements which bring a new product into the marketplace. Since per se analysis is rarely used in today's world, I don't think it is clear that the no pay rule would not pass a rule of reason analysis because of the procompetitive benefit of bringing a new and different product for consumers to choose from. It is true that the NCAA may have 'less restrictive alternatives' than a strict no pay rule, but I believe your article should address the point that in essence the no pay rules increase consumer choice.
Posted By : Jeremy

Great work on your article, however I think your a...

Message posted on : 2013-03-01 - 12:46:10

Great work on your article, however I think your analysis does not address what is perhaps one of the better defenses the NCAA has. The board of regents case even has dictum on the point. The fact that the athletes are not paid is what differentiates collegiate athletics (as a product) from say minor league baseball or any other professional sport which consumers may choose to enjoy. Thus the no pay rules are essential to the product and in effect enhance competition by providing consumers with a product that they would not otherwise have. I think the BMI v. CBS case is also on point and indicates that the Supreme Court has given substantial weight to arrangements which bring a new product into the marketplace. Since per se analysis is rarely used in today's world, I don't think it is clear that the no pay rule would not pass a rule of reason analysis because of the procompetitive benefit of bringing a new and different product for consumers to choose from. It is true that the NCAA may have 'less restrictive alternatives' than a strict no pay rule, but I believe your article should address the point that in essence the no pay rules increase consumer choice.
Posted By : Jeremy

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Message posted on : 2013-03-02 - 10:42:04

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Message posted on : 2013-03-02 - 10:47:51

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Posted By : northbetspotrsbook

He knew that if he needed a winning team, he would...

Message posted on : 2013-03-02 - 12:22:06

He knew that if he needed a winning team, he would have to be compelled to create a large investment. Buss got the Lakers extraordinarily high payroll through each the team's extraordinary sporting success however conjointly due to his own groundbreaking ways to lift revenue. for example, Buss co-founded a basic-cable sports tv network and sold-out the naming rights to the Forum occasionally once each now-standard ways were uncommon. That's one amongst the numerous reasons why, over and over, he's currently been thought of a visionary.
Posted By : northbetspotrsbook

He knew that if he wished a winning team, he would...

Message posted on : 2013-03-02 - 12:56:54

He knew that if he wished a winning team, he would ought to build a large investment. Buss got the Lakers very high payroll through each the team's extraordinary sporting success however conjointly attributable to his own groundbreaking methods to lift revenue. for example, Buss co-founded a basic-cable sports tv network and sold-out the naming rights to the Forum now and then once each now-standard methods were uncommon. That's one in all the numerous reasons why, over and over, he's currently been thought of a visionary.
Posted By : northbetspotrsbook

As I stated in an earlier comment, the 'orche...

Message posted on : 2013-03-03 - 11:22:41

As I stated in an earlier comment, the 'orchestrated event' scenario will be virtually impossible to enforce. The NCAA can think it has closed the door, but it seems obvious this door cannot be closed.
Posted By : Doug Sligh

This will be very beneficial to everyone. Plus, th...

Message posted on : 2013-03-05 - 00:56:30

This will be very beneficial to everyone. Plus, this is another way to educate the people/netizens - through the internet. Especially to those who are not really aware about the laws applied in the sport. Maybe it's about time let them know what they need to know in order to further understand everything. Good job guys!
Posted By : Mayweather vs Guerrero Tickets

terrific post alex. thanks for thinking harder ab...

Message posted on : 2013-03-06 - 18:18:02

terrific post alex. thanks for thinking harder about this than the two sides typically do.
Posted By : dre cummings

As the article says, 'perception' is one...

Message posted on : 2013-03-07 - 01:42:07

As the article says, 'perception' is one of the problem areas with this sport. Good to see someone energetic in his position, pushing for change.
Posted By : Anonymous

I wonder if baseball could eliminate all its liabi...

Message posted on : 2013-03-08 - 07:43:16

I wonder if baseball could eliminate all its liability by completely removing the screening at stadiums. This ruling seems to say the team protected some fans, so it has to protect all fans. Is that correct?
Posted By : Doug Sligh

To be clear, the Idaho court did not base its deci...

Message posted on : 2013-03-08 - 10:32:39

To be clear, the Idaho court did not base its decision on the fact that the Boise Hawks provided extensive protective netting. The court merely held that the plaintiff could proceed with his suit. In other words, the court rejected the doctrine generally holding that baseball teams are not liable for foul ball-related injuries.

Most courts adopting the so-called 'Baseball Rule' have nevertheless said (or implied) that even if teams are not generally liable, they must nevertheless provide some protective netting in the most dangerous seating areas. So I don't think that removing all netting would be a good idea.

In this case, though, the extensive netting could potentially strengthen Rountree's case. On the other hand, that netting has surely prevented a number of other potential injuries, so on the whole it may still be a net positive for the Hawks franchise.

Posted By : Nathaniel Grow

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Message posted on : 2013-03-09 - 08:49:51

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Posted By : northbetsportsbook

Fantastic work guys im a fan of your website.

It is certainly is a difficult situation, because ...

Message posted on : 2013-03-20 - 15:57:40

It is certainly is a difficult situation, because on either side seem to hurt the pride of some, I hope to finish this fight.
Posted By : Price per Head

I find it highly ironic that a symposium about spo...

Message posted on : 2013-03-21 - 12:05:54

I find it highly ironic that a symposium about sports fans actually does not include any one who actually represents fans or fan groups. Sure, I supposed that many of the presenters are fans themselves, but that doesn't actually meet the standard.

For example, what about presidents of fan clubs. As a soccer fan myself, many of the MLS supporter's groups are quite well organized, and led by articulate passionate fans. I am certain that is the case with many other sports.

Just an observation.

Posted By : Matt Johnston

and by 'prospect' you mean a linebacker ...

Message posted on : 2013-03-22 - 15:41:48

and by 'prospect' you mean a linebacker for Notre Dame. The NFL and NCAA really pi$$ me off, pretty much daily.


Posted By : Anonymous

It is clear that at least one violation (receipt o...

Message posted on : 2013-03-28 - 12:28:50

It is clear that at least one violation (receipt of impermissible benefits by Marvin Austin) would have been discovered by even a cursory review of his Twitter account. The Infractions Committee, however, declined to impose a blanket duty on institutions to monitor social media.

Media Monitoring

Posted By : Stephan White

What I find really interesting is that although 50...

Message posted on : 2013-03-29 - 15:12:51

What I find really interesting is that although 50-90% of all the game participants recognized nationally well-known 'marquee' players and a majority of consumers considered the presence of 'real' players featured in the game as an important factor for their intent to purchase the game, 75% of all the participants are of the view that the athletes should not be paid ANY compensation above their scholarships. Why don't consumers think athletes deserve to be compensated when they truly believe the athletes themselves are so vital to the video game? And why do they care if the athletes are compensated? That just baffles me.
Posted By : Rick Karcher

What is wrong with an organization for 'real ...

Message posted on : 2013-03-30 - 08:47:23

What is wrong with an organization for 'real men' wanting to ensure that they do not inadvertently allow homosexuals to be near them -especially in the lockerroom? I do not want my son or daughter undressing any where near a homosexual. Believe it or not, a significant number of us STILL know and believe (because the Bible tells us so) that homosexuality is vile, perverted and contrary to God's intent for humanity.
Posted By : Anonymous

Interesting post, but I think that most big hits i...

Message posted on : 2013-04-01 - 08:33:01

Interesting post, but I think that most big hits in the NFL occur on (downfield) passing plays -- absent from rugby. They also happen on kickoff and punt returns, while not a big rugby watcher I believe those are not part of rugby either.

Not to mention the whole gladiator-player that the NFL promotes is based on the big hitter, as well as being able to be the 'hitee' and still perform. Which is the whole tightrope the league is trying to walk right now.

Posted By : Glenn

I think one of the biggest differences between rug...

Message posted on : 2013-04-01 - 09:34:00

I think one of the biggest differences between rugby and football is that rugby is a fairly dynamic game. The clock is generally running and the players are constantly moving, either laterally (across the field) or occasionally vertically (up and down the field).

Football is premised on the set play. The teams line up and bang into each other on purpose and with as much force as they can generate. So the game is inherently static and diametrically opposed.

I think the dynamism of rugby and the general lack of tackles that are diametrically opposed may keep some injuries minimalized.

I also think that because rugby players are obviously not wearing a full set of armor, they tend to take tackles in a manner that tends to stand the opponent up (thereby slowing the progress and therefore force of the contact). But the massive amount of armor that football players wear tend to minimize in the players head, the kind of damage they are doing to their own bodies, let alone what they are doing to opponents.

Posted By : Matt Johnston

I found the rules of tackling in rugby at this BBC...

Message posted on : 2013-04-01 - 10:20:19

I found the rules of tackling in rugby at this BBC link (http://news.bbc.co.uk/sport2/hi/rugby_union/rules_and_equipment/4204640.stm). They are FAR different from football, and do seem less likely to result in serious injury, particularly head trauma. (I have played football, but only watched rugby, so perhaps someone else will comment with first hand experience.)

Here is an excerpt from the article:

'The laws of tackling

Tackling is the only way of legally bringing down your opponent in rugby union.

But there are certain laws on how to tackle and if these are not adhered to, penalties will follow.

When you tackle an opponent, you cannot make contact above the shoulders. This is for safety reasons.

The referee will instantly give a penalty if he sees a high tackle, and a few stronger words may follow if the challenge is deemed dangerous.

Expect a yellow card and a spell in the sin-bin or a red card and instant dismissal for more serious offences.

Other laws govern what can and cannot happen once a tackle has been made.

* * *

There are certain situations where tackles cannot be made.

If the ball carrier has been held by an opponent, but has not gone to ground, and a team-mate has bound onto them, a maul is formed.

At that point a tackle cannot be made for safety reasons.'

Posted By : DHMC

There are a couple of fundamental differences betw...

Message posted on : 2013-04-01 - 11:02:32

There are a couple of fundamental differences between rugby and football. For one, you can only hit the person with the ball in rugby. There's no blocking, which is where a majority of contact comes from in football (though it seems most big hits are on the person with the ball - except for kicks/punts/and if Hines Ward is on the field).

Also, rugby is not as north-south as football. The lateral element of rugby reduces the amount of huge, straight-on hits. (Of course there are huge hits in rugby, just not nearly as many as in football.)

That said, I have played both and I think any football player could learn great, safe tackling technique from playing rugby. With no pads to provide protection (or perceived protection) then you quickly learn to bring someone down without hurting yourself.

Posted By : Myles Solomon

There are a couple of fundamental differences betw...

Message posted on : 2013-04-01 - 11:14:48

There are a couple of fundamental differences between rugby and football. For one, you can only hit the person with the ball in rugby. There's no blocking, which is where a majority of contact comes from in football (though it seems most big hits are on the person with the ball - except for kicks/punts/and if Hines Ward is on the field).

Also, rugby is not as north-south as football. The lateral element of rugby reduces the amount of huge, straight-on hits. (Of course there are huge hits in rugby, just not nearly as many as in football.)

The constant passing (and rule against not hitting a player without the ball) also keeps players from being able to key in on one player with the ball for a big hit.

That said, I have played both and I think any football player could learn great, safe tackling technique from playing rugby. With no pads to provide protection (or perceived protection) then you quickly learn to bring someone down without hurting yourself.

Posted By : Myles Solomon

Here are some ways that football could alter its r...

Message posted on : 2013-04-01 - 11:51:28

Here are some ways that football could alter its rules to make it more like rugby and produce fewer head injuries: 1) require players to wrap up when they tackle, this would remove players launching themselves and leading with the head; 2) leather helmets, it may sounds crazy but rugby players do not lead with their heads either going into tackles or going into contact because they know the head is not protected by a giant piece of metal and padding. As helmets have gotten bigger, so have the hits in the NFL, and one way to reduce them is to reduce the feeling that the head is protected, it will force players to tackle properly by leading with the shoulder, and it may help if the shoulder pads were softened a bit too. 3) Incorporate Rugby's high tackle rule, in rugby a player is not allowed to tackle above the shoulders, eliminating contact to the head. Some head contact and head injuries are inevitable, but these changes would help reduce what seems to be an epidemic in football.
Posted By : Jeremy Abrams

A reply to what Glen wrote -- the 'big hits&q...

Message posted on : 2013-04-01 - 12:15:18

A reply to what Glen wrote -- the 'big hits' Glen mentioned on downfield play in football are the ones that make the highlight reels, but many of the biggest hits, and most serious injuries, occur on the offensive and defensive lines. The NFL continually changes rules on interior line blocking (they have just done so again this year) because of the extent of injuries in linemen. Granted, these are not necessarily the concussions that get the press, but there are serious injuries to legs (knees in particular) and necks -- in fact, there was a lineman paralyzed a few years ago when he was flipped and landed on his neck.
Posted By : DHMC

Rugby sevens, which is what Howard watched and bas...

Message posted on : 2013-04-01 - 21:24:29

Rugby sevens, which is what Howard watched and based this article on, is a much different game than rugby 15s. The difference lies right in the name and nature of the sport. With rugby 7s, there's only 7 people on either side of the ball, so taking a risk to make a hard tackle can lead to the opposing team scoring a try (touchdown), where as using angles to slow the player down and then drag them down won't be as exciting, but it is a safer way to get the job done. Because there's only 7 people on your team, players always opt for the safe tackle. The small amount of players on a large field also leaves a lot of room for the offense to run to the outside or for a hole, instead of going head on into contact.

Watching 15 v. 15 rugby will show you the same kind of contact that football has. The field is much more crowded and there is a lot more help on every tackle. There are still big hits and there are still head injuries. The difference between the two is not just that rugby has a no 'high tackle' rule, but that when people aren't wearing helmets, they are much less inclined to smash their heads into each other.

I think the NFL took a step in the right direction with the defenseless receiver rule last year, but the 'crown rule' won't help much at all. Running backs running straight up will suffer broken ribs and other injuries. Trying a rugby style no high tackle rule, might be something to consider though.

Posted By : Jacob Carvalho

I played rugby for several years in college and th...

Message posted on : 2013-04-02 - 03:36:13

I played rugby for several years in college and then on a club side. The key advantage with respect to injuries is that the only person who gets hit in the same sense as a football player is the person with the ball. And that person knows that they will get hit and because of the off sides rules knows from which direction that hit will come. That allows the ball carrier a better chance to avoid the hit and to prepare for it before it comes.

But there are other ways that injuries can and do happen, particularly in rucks when there can be some pretty unrpedictable results. I watched a team mate suffer a broken collar bone at the bottom of one pile of players.

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Message posted on : 2013-04-03 - 17:21:37

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Posted By : NYS Fishing

Your comment about the contract that faculty membe...

Message posted on : 2013-04-07 - 11:15:51

Your comment about the contract that faculty members do not have is what is wrong with college sports. Long ago colleges got away from being places of learning and became places to cheer on young athletes. If schools returned the focus to academia most of these problems would go away. Give the English Literature professor the $650K contract, not the basketball coach.
Posted By : eplawyer

As always, brilliant commentary.

Message posted on : 2013-04-07 - 21:09:09

As always, brilliant commentary.
Posted By : Marcie Goodman

Are negotiated settlements candidates for extortio...

Message posted on : 2013-04-08 - 08:10:07

Are negotiated settlements candidates for extortion? I thought this happened all the time.
Posted By : Doug Sligh

Good for Florida Atlantic!

Message posted on : 2013-04-10 - 18:09:44

Good for Florida Atlantic!
Posted By : Anonymous

Well, Rugby and Football are both popular sports i...

Message posted on : 2013-04-10 - 21:14:42

Well, Rugby and Football are both popular sports in different countries, but I found out the rugby is more hard and tough than football, that's why I decided to play football and football club. The advantage of playing it is there are safety equipment that you should use before you play football. I also start enhancing my physical strength because it is the most important thing that you should have as a football player. Found out more information about college football at http://www.collegefootballfinal.com
Posted By : takeshi007

I'm actually quite surprised that FAU would ev...

Message posted on : 2013-04-12 - 20:49:51

I'm actually quite surprised that FAU would even consider this deal in the first place. As a college filled with bright minds and young adults who are trying to make a good future for themselves the last thing to do is have a prison group name your stadium. What message is that sending to the kids that attend the school, the community, and kids who might attend in the future. If this was an NFL stadium, then maybe I can understand but it's not.
Posted By : Sports Netwrorker Del

The NCAA's rule applies when a student-athlete...

Message posted on : 2013-04-15 - 23:06:21

The NCAA's rule applies when a student-athlete declares for the draft. One does not have to declare for the draft to be evaluated. With your anti-NCAA bias, I'm not surprised you 'overlooked' this nuance to further your point instead of putting ALL the facts out there.
Posted By : Will

We're big fans of the designated 'coffee ...

Message posted on : 2013-04-16 - 19:12:52

We're big fans of the designated 'coffee break' :)
Posted By : i-lawsuit

I don't think the City of San Jose would have ...

Message posted on : 2013-04-18 - 15:08:48

I don't think the City of San Jose would have standing to bring a federal A/T lawsuit. Also, no A/T injury. (Compare the Los Angeles Coliseum agency, which owned a stadium and competed for pro football teams, and thus had standing and injury sufficient to sue the NFL in A/T over the Raiders move, back in the day.)
Posted By : Anonymous

This should be very interesting. Even for us non-...

Message posted on : 2013-04-20 - 12:42:09

This should be very interesting. Even for us non-attorneys.
Posted By : Doug Sligh

What exactly would the legislation do if the team ...

Message posted on : 2013-04-23 - 10:09:43

What exactly would the legislation do if the team continued to use Redskins? Even if it lost its trademark in the name, it could still use Redskins, it just couldn't enforce any rights to the name.
Posted By : Anonymous

Great idea and article. I look forward to the upco...

Message posted on : 2013-04-24 - 13:24:24

Great idea and article. I look forward to the upcoming installments!
Posted By : Zak Kurtz

Great idea/ article. I look forward to the upcomin...

Message posted on : 2013-04-24 - 13:25:14

Great idea/ article. I look forward to the upcoming installments to this series.
Posted By : Zak Kurtz

The top 1% own 43% of America's wealth, the ne...

Message posted on : 2013-04-27 - 13:53:00

The top 1% own 43% of America's wealth, the next 19% own 50% of America's wealth and the other 80% own SEVEN PERCENT of America's wealth. I think you may have forgotten to mention that in your little article.
Didn't forget to mention it, because it has nothing to do with who pays how much Federal income 2013 tax brackets.
2) The earners in the top income brackets are already taxed. The top 40% of income earnerspay more than anyone else does in taxes. The top 20% pay 65.3% and the top 10% pay 50% and the top 1% pay.

Posted By : Many Falson

It is interesting to see how a situation can get o...

Message posted on : 2013-04-29 - 06:24:16

It is interesting to see how a situation can get out of hand. After reading this article and others involving this scandal, I can say that there were more than the two people fired that were at fault. First and foremost, the university did not need an outside law firm to make a recommendation. They are the administration; they should have the ethical fortitude to make a decision in removing Coach Rice. How the law firm can say that Coach Rice did not make a hostile environment is insane. I feel the article states a very good point that the school was trying to save face and not make a scandal that could jeopardize the school entering in league with the Big Ten. How is this treatment fair to the rest of the administration who would have been fired on the spot? It is even more surprising that once the coach and the athletic director were removed, due to the scandal becoming public nationwide, they each received severance pay totaling over a million, the athletic director being $1.25 million to be exact. Even the FBI are getting involved with the investigation to ensure that the rights and the dignity at this school have not been compromised. All this could have been avoided if the school would have done what was right when allegations and video evidence surfaced instead of being worried of getting into a stronger league. At that point, it was more about money than what was ethically right.
Posted By : francisco

Message posted on : 2013-04-30 - 00:34:10

This comment has been removed by the author.
Posted By : Greg Prosmushkin

Doesn't the Third Circuit's decision create a like...

Message posted on : 2013-05-22 - 14:15:59

Doesn't the Third Circuit's decision create a likely split with the Eighth Circuit on an important point related to the use of names versus likenesses?

Back in 2006, the district court in C.B.C. thought the fantasy baseball provider didn't use the players' identities because the game didn't use the players' likenesses. The game only used their names and statistics. The district court made clear that using the players' likenesses would have made a difference for determining whether the right of publicity was infringed. The district court further suggested that using names and statistics, plus character, personality, and/or reputation could also have made a difference, see 443 F. Supp. 2d 1077, 1089, but either way, there seemed to be some important difference between just using names and using likenesses. Likenesses were the bigger deal.

The Eighth Circuit, however, recognized that the fantasy baseball game did in fact use the players' identities, despite not using their likenesses:

“[T]he district court did not understand that when a name alone is sufficient to establish identity, the defendant's use of that name satisfies the plaintiff's burden to show that a name was used as a symbol of identity.� 505 F.3d 818, 822.

So the key question for the Eighth Circuit, before turning to the First Amendment defense, was simply whether the game used the players' identities. Under C.B.C., there is no special distinction between using names and using likenesses. It didn't matter whether the game used just names or just likenesses or both, as long as the use was a recognizable symbol of the players' identities.

As to whether the First Amendment analysis should change when likenesses are added to the mix, the Eighth Circuit framed at least part of the answer this way:

“We also find no merit in the argument that CBC's use of players' names and information in its fantasy baseball games is not speech at all. We have held that ‘the pictures, graphic design, concept art, sounds, music, stories, and narrative present in video games' is speech entitled to first amendment protection. See Interactive Digital Software Ass'n v. St. Louis County, Mo., 329 F.3d 954, 957 (8th Cir. 2003). Similarly, here CBC uses the ‘names, nicknames, likenesses, signatures, pictures, playing records, and/or biographical data of each player' in an interactive form in connection with its fantasy baseball products. This use is no less expressive than the use that was at issue in Interactive Digital.� 505 F.3d 818, 823.

Note what's on the “and/or� list of things C.B.C. actually did use or might have used: likenesses and pictures. While this particular language might be read only to answer the narrow question of whether games are speech, it fits with the general approach of the Eighth Circuit's opinion, which was not to make a special distinction between names and likenesses.

The Third Circuit, by contrast, focused on Electronic Arts use of the players' likenesses. It said the use of likenesses distinguishes Hart from C.B.C. The Third Circuit said:

“This joint focus on both likeness and identifying information avoids a conflict with C.B.C. Distribution & Mktg., Inc. v. Major League Baseball Advanced Media, L.P., 505 F.3d 818 (8th Cir. 2007), which held that use of major league baseball players' records in a fantasy baseball game was protected by the First Amendment even against right of publicity claims because such information was publicly available. Id. at 823-24. The presence of a digital avatar that recreates Appellant in a digital medium differentiates this matter from C.B.C.�

I don't think it does distinguish Hart from C.B.C. Although it may take another Eighth Circuit decision to confirm it, I don't think the Third Circuit avoided a conflict.

(This comment started out much shorter!)

Posted By : William Ford

William, I agree with you that the Third Circuit&...

Message posted on : 2013-05-22 - 22:49:31

William,

I agree with you that the Third Circuit's name/likeness distinction did not avoid a conflict with the Eighth Circuit. I don't see any relevant distinction between names and likenesses in the context of a First Amendment/Right of Publicity balancing. The Eighth Circuit in C.B.C. adopted a new, unusual, and questionable 'public domain' test for balancing the First Amendment to deny players a right of publicity in fantasy league use. A public domain test does not focus on the USE of the names and would trump the players' right of publicity in virtually any context because the players' names are in the public domain. Any other test (transformative use, predominant use, etc.) clearly would have resulted in a different outcome in C.B.C., which is probably why the Eighth Circuit avoided applying any of the commonly used tests.

Rick

Posted By : Rick Karcher

Play is definitely expressive when you are five ye...

Message posted on : 2013-05-28 - 07:09:30

Play is definitely expressive when you are five years old. What about ten? Or 20? It becomes expressive when you hit 80. It seems to me that Lebron James is definitely expressive at whatever age he has reached.
Posted By : Doug Sligh

There may be more money earned from media, which f...

Message posted on : 2013-05-31 - 13:48:15

There may be more money earned from media, which flows to owners, players, team personnel, etc. Also, the more information that is gathered on draft prospects can lead to better decision-making. This may be particularly true in the case where there is a new GM or Head Coach; also gives a new group more time to work together before the Draft.
Posted By : Anonymous

It is stupid to make the fan wait even longer for ...

Message posted on : 2013-06-06 - 10:11:16

It is stupid to make the fan wait even longer for the draft, they are just dragging things out now.
Posted By : Adam Yniguez

If it's 'a longstanding mistake of the Th...

Message posted on : 2013-06-07 - 17:17:31

If it's 'a longstanding mistake of the Third Circuit,' they're correctly following precedent, no?
Posted By : Ken Houghton

Precedent of the Third Circuit, yes. Precedent of...

Message posted on : 2013-06-07 - 23:02:41

Precedent of the Third Circuit, yes. Precedent of the Supreme Court, no.
Posted By : Marc Edelman

I'll be concerned about this after Notre Dame ...

Message posted on : 2013-06-14 - 12:11:19

I'll be concerned about this after Notre Dame is required to change its name. As an Irishman, perhaps I am offended by the 'Fighting Irish' depicting/stereotyping we Irish as drunken brawlers
Posted By : Anonymous

Check out The Official Review's post on this s...

Message posted on : 2013-06-18 - 14:10:51

Check out The Official Review's post on this subject at http://www.theofficialreview.com/the-redskins-nickname-controversy-the-power-of-words/
Posted By : The Official Review

As an alternative to the Super Division I idea, co...

Message posted on : 2013-06-24 - 13:49:37

As an alternative to the Super Division I idea, couldn't those power conferences simply leave the NCAA altogether? As it stands now, conferences are consolidating more and more. Further, the unique commercial relationship between athlete, school and student could more easily be negotiated without reconciling the NCAA's other and often conflicting interests. That said, you put forth very interesting ideas and I look forward to your future ideas on the topic.
Posted By : Sekou Campbell

As regards the claim of tortious interference with...

Message posted on : 2013-06-25 - 09:20:52

As regards the claim of tortious interference with contract, is the issue whether the contract as a whole has been rendered impossible of performance due to the conduct of a third party, or if certain rights that arise under the contract have been rendered impossible of performance? In Canada (I'm Canadian), it's the latter.
Posted By : Fraser

I agree with your observations about the difficult...

Message posted on : 2013-06-25 - 11:58:57

I agree with your observations about the difficulties that the city of San Jose faces with respect to their lawsuit against the Office of the Commissioner. Beyond the trilogy of cases establishing MLB's antitrust exemption, I wonder if the Curt Flood Act of 1998 does not add to San Jose's challenge.