Sports should be governed by extremely fair laws. ...

Message posted on : 2009-01-09 - 04:01:00

Sports should be governed by extremely fair laws. Anything less than this will vitiate the very spirit of sports
utah personal injury
Posted By : Anonymous

An interesting postscript to the Evander Holyfield...

Message posted on : 2009-01-09 - 13:18:00

An interesting postscript to the Evander Holyfield story: last month he fought World Boxing Association heavyweight titleholder Nicolai Valuev (7' tall, 320#s) in Switzerland, and according to just about everyone who saw the fight - except, alas, two of the three judges - was the better fighter. Many people in the crowd booed when the decision was announced and Valuev won.

By all rights, Holyfield should have a title belt today.
Posted By : Peter

Sandeep naik is Navi Mumbaikars sprint for a ca...

Message posted on : 2009-01-10 - 07:12:00

Sandeep naik is Navi Mumbaikars sprint for a cause

Sports enthusiasts, politicians and athletes from thesatellite city joined hands to welcome commonwelath Youth Games Baton Relay which arrived in the city on Sundy. Altogether, 2000 people accompanied the baton relay at different sports. The baton arrived at Belapur station with a team of 50 People and 20 vehicles where NMMC's Standing Committee Chief Sandeep Naik welcomed the the relay and was forwarded by local athletes till Belapur highway....

http://sandeepnaik-navimumbai.blogspot.com/2008/12/navi-mumbaikars-sprint-for-cause.html

http://sandeepnaik-navimumbai.blogspot.com
Posted By : jayant hudar

I read an article that suggests fewer players are ...

Message posted on : 2009-01-11 - 00:06:00

I read an article that suggests fewer players are going to Europe than feared. Not sure why though.
Posted By : arizona auto insurance

I think that trend might ebb and flow. It depends ...

Message posted on : 2009-01-11 - 00:07:00

I think that trend might ebb and flow. It depends on the qualify of college players coming out at any given year. Sometimes an older player or fringe player may have to leave to continue playing.
Posted By : arizona homeowner insurance

If anabolic steroids can increase the individual's...

Message posted on : 2009-01-11 - 21:17:00

If anabolic steroids can increase the individual's performance, then it is considered a sport. Think about it.
Posted By : Don D.

I don't know what "steroids" are in this context.<...

Message posted on : 2009-01-12 - 17:47:00

I don't know what "steroids" are in this context.

Take, for example, testosterone, which is a "steroid hormone", and completely natural and normally occurring, and in fact, you might be dead without it.

The issue of safety with testosterone is not the substance, but the dosage. If testosterone is present in "normal" quanitities, what is the health risk if it was supplemented to get to that level?

Why is it that, say, hormone replacement therapy related to the thyroid is legal, but brining testosterone up to normal levels is not acceptable hormone replacement therapy?

I think the current position is that because testosterone is a "steroid hormone" and thyroid hormone is not a "steroid hormone", that is why one is illegal and the other not.

This is extended by a presumption that "any steroid at any level is unacceptably performance enhancing."

Yet raising thyroid to normal levels must also be performance enhancing in some way, or you wouldn't do it at all.

So I don't see the difference, except that we've drawn a line on one side of the word "steroid", and can't discuss beyond that.

TBV
Posted By : tbv@trustbut.com

I've been unable to find whether there is a fee an...

Message posted on : 2009-01-12 - 17:56:00

I've been unable to find whether there is a fee and/or registration required to attend the symposium. Any body have the details?
Posted By : Anonymous

No fee, nor registration

Message posted on : 2009-01-12 - 20:22:00

No fee, nor registration
Posted By : Anonymous

Ed,

I was trying to find out exactly what ...

Message posted on : 2009-01-15 - 13:04:00

Ed,

I was trying to find out exactly what salary arbitration was...thanks for clearing that up for me. However, I have a question...the Yanks signed 3 class A players, all for different teams. Who gets the 1st round pick from the yanks since they can't all have one?
Posted By : Anonymous

I think I read somewhere that the New York Yankees...

Message posted on : 2009-01-15 - 18:22:00

I think I read somewhere that the New York Yankees top 4 players earn more money than some small countries. Now that is totally ridiiculous. With this economy I really expected the spending to slow down. But Derek Lowe just signed for $30 million.
Posted By : phoenix auto insurance

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

Message posted on : 2009-01-16 - 00:11:00

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.

Deborah

Term Life Insurance
Posted By : Anonymous

Here is a link to my Youtube channel which raises ...

Message posted on : 2009-01-16 - 00:31:00

Here is a link to my Youtube channel which raises questions the U.O. controlled media and Nike have yet to answer: www.youtube.com/luddite333
Posted By : Anonymous

At the same time that, as you suggest, an individu...

Message posted on : 2009-01-16 - 09:45:00

At the same time that, as you suggest, an individually focused union may fight for the right for top tier players to earn A-Rod type money by eliminating the cap, the union must remain aware of the fact that an elimination of the salary cap will also eliminate the salary floor. Third-string type players, and late round draft picks, may not retain the right to earn hundreds of thousands of dollars per season without a cap.
Posted By : Anonymous

What the salary cap does is ensures that football ...

Message posted on : 2009-01-16 - 14:39:00

What the salary cap does is ensures that football remains a profitable enterprise for all owners. It puts an external control on your largest variable cost. (Remember all the articles about how Southwest was thriving when fuel prices went up because it had bought its fuel in the futures market?)

Add in revenue sharing, which ensures that teams cannot become the KC Royals or Florida Marlins unless management is incompetent (e.g., the Lions, Rams, Bengals), and you have an ongoing revenue-generating machine with financial controls.

Gettting subsidized by public tax dollars is just lagniappe.

The alternative would be that some teams, even with revenue sharing, would underpay for players, and the product on the field would suffer. (Overpaying is self-correcting, especially given the length of a football career, even with all the steroid usage.)

So it was a player proposal that benefitted the bulk of both constituencies. (I would be inclined to argue that increasing the base salary for veterans is good for the players including those who are not tendered a contract offer, since that's the market's way of saying that they need to take more care of their body than to have it abused violently for half of the year, but I doubt anyone has done the empirical work that demonstrates that.)
Posted By : Ken Houghton

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

Message posted on : 2009-01-16 - 21:16:00

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.

sharon

Term Life Insurance
Posted By : Anonymous

Katie Amonte Hiller, Northwestern Women's Lacrosse...

Message posted on : 2009-01-17 - 00:06:00

Katie Amonte Hiller, Northwestern Women's Lacrosse Coach, is also endowed.
Posted By : Anonymous

The University of Illinois has several endowed coa...

Message posted on : 2009-01-17 - 00:20:00

The University of Illinois has several endowed coaching positions, including football and men's basketball.
Posted By : Anonymous

I recently came accross your blog and have been re...

Message posted on : 2009-01-17 - 08:27:00

I recently came accross your blog and have been reading along. I thought I would leave my first comment. I dont know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

Sarah

http://www.thinkpadonline.info
Posted By : Anonymous

I think this is a great idea.

However, on ...

Message posted on : 2009-01-17 - 10:53:00

I think this is a great idea.

However, on a far more fundamental level, why is it that when a university alumnus donates money toward recruiting a great college coach that the alumnus is called a "donor" and the money goes toward a "distinguished chair;" however when an alumnus does the same exact thing toward recruiting a great college basketball player the alumnus is called a "booster" and the money is called "improper?"

We all know what the quick answer. However, is it possible that NCAA semantics have done at least a little bit to skew our perspective?
Posted By : Marc Edelman

Marc: Interesting thought. But I am not sure I agr...

Message posted on : 2009-01-17 - 15:35:00

Marc: Interesting thought. But I am not sure I agree that the difference is entirely one of NCAA semantics. Coaches are employees of the university and thus entitled to be paid, while student-athletes are not employees and not entitled to be paid (other than to cover the costs of school). We can debate whether this is how it ought to be and whether athletes ought to be paid. But the current status gap is more than semantic.

But it does raise an interesting thought: If a school can get an endowment for a coaching slot, could it do so for a player slot--could the University of Florida offer the "John and Jane Smith Starting Quarterback" scholarship?
Posted By : Howard Wasserman

Howard - this is the case at a number of schools, ...

Message posted on : 2009-01-19 - 15:38:00

Howard - this is the case at a number of schools, and not necessarily in the premier (sports). What gets interesting is when you have something like what happened at Boston College. Greg Barber (BC'69) endowed the head football coach position while Tom O'Brien was the HC. By all accounts, Barber and TOB were friends, so when BC's now infamous AD, Gene DeFilipo let TOB leave for NC State, Barber was not happy.

Now that BC's football HC is back to a long time BC guy (Spaziani), I have to think Barber is happy again.

To the point of endowing a particular scholarship, I see no problem there as it happens with individual students based on academic achievement, financial need, student traits (gender/religion/race), and dedication to service work/volunteerism.
Posted By : Tim Epstein

Rick ... is there an active online source for me t...

Message posted on : 2009-01-19 - 20:48:00

Rick ... is there an active online source for me to find details of coaches contracts for both football and men's basketball the top 6 major conferences? Both the Florida Coastal website link and Coaches Hot Seat site link are inactive. Thanks.
Posted By : David

a "Blawg" written on grapp's dad's birthday! 62! c...

Message posted on : 2009-01-19 - 20:57:00

a "Blawg" written on grapp's dad's birthday! 62! congrats on the blog's awesomness. love, your crazy sis (The good kind of crazee) ;) (ps: wish you were here--sonoma, CA, with dad post depo)
Posted By : MCR

It is obvious that every Charity does take a fairl...

Message posted on : 2009-01-20 - 12:44:00

It is obvious that every Charity does take a fairly unreasonable amount of money away from its charity and puts it into administration. However, costs are high and employing your friends is never cheap, so its only obvious that having that many more charities only continously decreases the money that gets to the people who need to be helped!
Posted By : Myspace Quotes

Many of the Ivy's coaching positions are endowed.

Message posted on : 2009-01-20 - 13:39:00

Many of the Ivy's coaching positions are endowed.
Posted By : Anonymous

Hi folks, i've been reading this thread with inter...

Message posted on : 2009-01-20 - 15:35:00

Hi folks, i've been reading this thread with interest from across the pond (I'm Head of the Sports Law Group at Staffordshire University, UK).

The problem I think with identifying what is or is not a sport, is that this process is essentially subjective and lacks any consistent criteria. For example, the US tends to define activities by reference to physical contact, where to a certain extent this is irrelevant in the UK. The other question this raises is what happens if the US decide an activity is a sport (or not!) but an opposite approach is taken by the UK and Europe?

The approach I am currently taking to tackling this definition is to look at the external recognition of the activity by the IOC. I chose the IOC because I could link back the vast majority of sports, and it is seen by many as the pinnacle of international sport. It also created arguably two of the most important cross-sport bodies in WADA and CAS.

Although this approach is not perfect by any means, I feel that it does have certain advantages, for example, by creating an international list of recognised sports (much like the WADA Anti-Doping Code), it becomes possible to harmonise sports. It also becomes possible to discriminate between legal recognition of sports and social recognition of sports as the jurisdiction specific lists will inevitably be drawn from the master IOC list. Either that or I spent way too much time playing six degrees of Kevin Bacon in the local bars!!!!!

For anyone that wanted to follow up this line of thinking, the full text of the article can be found at: 'Six degrees of sports participation: are the Olympics the common denominator for all sports?' (2008) 4 ISLR 53

Anyway, was just a thought.....

K.
Posted By : kris

Hello everyone!
Here you receive the useful, au...

Message posted on : 2009-01-21 - 02:18:00

Hello everyone!
Here you receive the useful, authentic and objective information about Lawyers and Attorneys in the United States. This information will help to you in various vital situations. You also learn a lot of new and necessary concerning: criminal lawyer, personal injury lawyer, family lawyer, mesothelioma lawyer and so on.
http://law-us.blogspot.com/
Posted By : Andrew

I saw a recent stat indicating only a small number...

Message posted on : 2009-01-21 - 12:40:00

I saw a recent stat indicating only a small number of former MLB players that had used chewing tobacco had come down with cancer of the mouth. Thousands were survied.
Posted By : Anonymous

FSC is the one channel I miss from that network; a...

Message posted on : 2009-01-21 - 14:17:00

FSC is the one channel I miss from that network; almost justifies the whole thing existing.

Will be interesting to see how much they end up paying for early termination.

As a U.S. taxpayer, I want the government to run an offer: anyone who owes taxes and pays them before 15 April 2009 gets a free ManU/AIG shirt. (AIG employees who receive a bonus in March not eligible.)
Posted By : Ken Houghton

Here are the figures for all of the players in arb...

Message posted on : 2009-01-21 - 23:44:00

Here are the figures for all of the players in arbitration:

* Ryan Howard: $18MM. Phillies: $14MM. Diff: $4MM.
* Prince Fielder: $8MM. Brewers: $6MM. Diff: $2MM.
* Garrett Atkins: $7.95MM. Rockies: $6.65MM. Diff: $1.3MM.
* Dan Uggla: $5.35MM. Marlins: $4.4MM. Diff: $950K.
* Jayson Werth: $4MM. Phillies: $3MM. Diff: $1MM.
* Justin Duchscherer: $4.6MM. A's: $3MM. Diff: $1.6MM.
* David Weathers: $4.6MM. Reds: $3MM. Diff: $1.6MM.
* Zack Greinke: $4.4MM. Royals $3.4MM. Diff: $1MM.
* Ryan Ludwick: $4.35MM. Cardinals: $2.8MM. Diff: 1.55MM.
* Justin Verlander: $4.15MM. Tigers: $3.2MM. Diff: $950K.
* Jeff Francoeur: $3.95MM. Braves: $2.8MM. Diff: $1.15MM.
* Ryan Zimmerman: $3.9MM. Nationals: $2.75MM. Diff: $1.15MM.
* Mark Teahen: $3.85MM. Royals: $3.05MM. Diff: $800K.
* Corey Hart: $3.8MM. Brewers: $2.7MM. Diff: $1.1MM.
* Mike Jacobs: $3.8MM. Royals: $2.75MM. Diff: $1.05MM.
* Paul Maholm: $3.8MM. Pirates: $2.65MM. Diff: $1.15MM.
* Nate McLouth: $3.8MM. Pirates: $2.75MM. Diff: $1.05MM.
* Andre Ethier: $3.75MM. Dodgers: $2.65MM. Diff: $1.1MM.
* Edwin Encarnacion: $3.7MM. Reds: $2.55MM. Diff: $1.15MM.
* Conor Jackson: $3.65MM. D'Backs: $2.45MM. Diff: $1.2MM.
* Josh Willingham: $3.6MM. Nationals: $2.55MM. Diff: $1.05MM.
* Scott Olsen: $3.5MM. Nationals: $2.5MM. Diff: $1MM.
* George Sherrill: $3.4MM. Orioles: $2.2MM. Diff: $1.2MM.
* Rick Ankiel: $3.3MM. Cardinals: $2.35MM. Diff: $950K.
* Kelly Johnson: $3.3MM. Braves: $2.35MM. Diff: $950K.
* Casey Kotchman: $3.25MM. Braves: $2.475MM. Diff: $775K.
* John Maine: $3MM. Mets: $2.2MM. Diff: $800K.
* Wandy Rodriguez: $3MM. Astros: $2.25MM. Diff: $750K.
* Rickie Weeks: $2.8MM. Brewers: $2MM. Diff: $800K.
* Geoff Geary: $2.1MM. Astros: $1.425MM. Diff: $675K.
* Brian Bannister: $2.025MM. Royals: $1.45MM. Diff: $575K.
* Chad Durbin: $1.95MM. Phillies: $1.35MM. Diff: $600K.
* Pedro Feliciano: $1.95MM. Mets: $1.35MM. Diff: $600K.
* Matt Guerrier: $1.75MM. Twins: $1.2MM. Diff: $550K.
* Brian Bruney: $1.55MM. Yankees: $1.1MM. Diff: $450K.
* Brian Tallet: $1.3MM. Jays: $950K. Diff: $350K.
* Shawn Camp: $950K. Jays: $700K. Diff: $250K.
* Shawn Hill: $775K. Nationals: $500K. Diff: $275K.
Posted By : Pbenn001

Pbenn001 - Thanks for posting a list of players wh...

Message posted on : 2009-01-22 - 13:43:00

Pbenn001 - Thanks for posting a list of players who exchanged numbers together with the difference.

According to my research the total of teams and players who exchanged numbers is 46. Because there have already been 4 players and teams who have settled, one can argue about what all of that means at the time that numbers are actually exchanged. I will be posting something today about the 4 settlements. Here are my additions to your list:

Willy Aybar (Tampa Bay Rays) - 2008 salary = $401,200; Team offer = $900,000; Player request = $1,050,000; Difference = $1,500; Midpoint = $975,000

Marlon Byrd (Texas Rangers) - 2008 salary = $1,800,000; Team offer = $2,700,000; Player request = $3,600,000; Difference = $900,000, Midpoint = $3,150,000

Melky Cabrera (New York Yankees) - 2008 salary = $461,200; Team offer - $1,200,000; Player request = $1,700,000; Difference = $500,000; Midpoint = $1,450,000 - SETTLED at $1,400,000 (below the midpoint)

Macier Izturis (Los Angeles Angels of Anaheim) - 2008 salary = $1,200,000; Team offer = $1,400,000; Player request = $1,885,000; Difference = $485,000; Midpoint = $1,642,500

Jason Kubel (Minnesota Twins) - 2008 salary = $1,300,000; Team offer = $2,400,000; Player request = $3,400,000; Difference = $1,000,000; Midpoint = $2,900,000 - REPORTED SETTLEMENT on multiyear deal

Nick Markakis (Baltimore Orioles) - 2008 salary = $455,000; Team offer = $2,900,000; Player request = $5,000,000; Difference = $2,100,000; Midpoint = $3,950,000; SETTLED on a six-year deal worth $66,000,000

Dioner Navarro (Tampa Bay Rays) - 2008 salary = $412,500 (base salary )- $10,000 for making the All-Star team); Team offer = $2,100,000; Player request = $2,500,000; Difference = $400,000; Midpoint = $2,300,000

Ervin Santana (Los Angeles Angels of Anaheim) - 2008 salary = $445,000; Team offer = $3,600,000; Player request = $4,325,000; Difference = $725,000; Midpoint = $3,962,500
Posted By : Ed Edmonds

I apologize for leaving out two zeros in the diffe...

Message posted on : 2009-01-23 - 10:12:00

I apologize for leaving out two zeros in the difference figure for Willy Aybar. It should read $150,000.
Posted By : Ed Edmonds

The arrogant Clemens is in the middle of a bunch o...

Message posted on : 2009-01-23 - 14:52:00

The arrogant Clemens is in the middle of a bunch of bad luck. Many ballplayers today are taking homeopathic growth hormone oral spray because it's safe, gentle on the system, undetectable, and legal for over the counter sales. As time goes on it will be considered as benign a performance enhancer as coffee, aspirin, chewing tobacco, and bubble gum. Unfortunately for Clemens the problem he has is not HGH but perjury.
Posted By : Anonymous

How many of us really think that university presid...

Message posted on : 2009-01-25 - 18:02:00

How many of us really think that university presidents are, en mass, bigots? There's certainly some institutional racism going on (a lack of qualified minority assistants as a consequence of active hiring discrimination 10+ years ago), but active discrimination is not rampant in college coaching hires. And the Rooney Rule only addresses active discrimination.

Also, to call the UNM job "moribund" just shows poor research. Ask Lobo fans what they thought of Rocky Long and compare that to Gator national sentiment toward Ron Zook. New Mexico football, while not a dominant program, is certainly in its golden era.
Posted By : Ivory Tower

2 thoughts:

1) Why does the fact that the ...

Message posted on : 2009-01-26 - 16:50:00

2 thoughts:

1) Why does the fact that the two parties reach an agreement near the midpoint evidence that salary arbitration "works"?

2) I don't know the answer to this questions, but what are the "costs" of salary arbitration? Is outside legal counsel brought in for these situations (for either side)? Does the expense of arbitration come out of the agent's commission? If the costs or arbitratin are significant, I agree that arbitrations where the parties are only $150,000 off seem fairly inefficient,
Posted By : Anonymous

Justice responds to Radomski's new book:

ht...

Message posted on : 2009-01-27 - 01:04:00

Justice responds to Radomski's new book:

http://sports.espn.go.com/mlb/news/story?id=3862988
Posted By : william rothstein

Look at the case of Josh Paul, where his salary re...

Message posted on : 2009-01-27 - 13:39:00

Look at the case of Josh Paul, where his salary request and the team's offer were clearly not in line. Had Paul behaved rationally and been willing to settle for a more reasonable figure, he could have maximized his salary above the figure he got. Instead, arbitration penalized him. If the difference between the offer and the request is small, that indicates that the threat of arbitration has caused at least one of the parties to reconsider the chance that they'll get a favorable decision on a number further away from that midpoint.
Posted By : Tom Flesher

Your suggestion that the sides should agree somewh...

Message posted on : 2009-01-27 - 17:52:00

Your suggestion that the sides should agree somewhere around the mid-point assumes that the two sides know what the other's filing number is going to be before hand. That is not the case. Much of the strategy in an arbitration case is the filing number, and neither side divulges their figure to the other before the actual exchange. To settle "close to the mid-point", etc. would require both sides to know this number in advance. Because of the Rays philosophy of "file-and-trial" there can be no talks after the numbers are exchanged, and thus it is hard for the sides to agree before the exchange to a number close to the mid-point - a number not known until after the exchange.
Posted By : Anonymous

This is an interesting topic that has been discuss...

Message posted on : 2009-01-27 - 23:52:00

This is an interesting topic that has been discussed over the years amongst cheerleaders who have been injured and those of us who have watched them writhe in pain.

There needs to be more protection for cheerleaders equal to the technologically advanced safety equipment used in football practice facilities such as turf. For practice facilities should they use equipment similar to the WWF ring mats?

For performance gear, one may look to basketball players like Dwayne Wade, who has suffered countless bumps and bruises that will leave lasting affects on his body, similar to cheerleaders. Would cheerleaders be socially acceptable wearing padding, even though it may be necessary?

When or will rules be made to protect cheerleaders from their sport? Also, is there a standard of equipment that legislation needs to establish in order to protect athletes, in this case cheerleaders, from uneccessary injuries due to the "traditional" rules of engagement that do not include protective equipment?
Posted By : Wesley Bullock, M.B.A.

Wesley,

There are a number of propositions ...

Message posted on : 2009-01-28 - 11:31:00

Wesley,

There are a number of propositions out there for increasing the safety of cheerleaders. If we look to the Noffke case itself, options are more spotters and mats. The picture attached to the post shows an OK State cheerleader stunting. While injuries do occur at the highest level of cheerleading, major D1 football programs usually have sufficient spotting and protective playing surfaces. A greater problem is when you go to smaller programs and younger athletes. Often there are more precarious practice and performance surfaces, and less members in the squads (and, therefore, less spotters...and certainly less male spotters). A number of rules and regulations are already drafted for cheerleading, but adoption of the same by leagues, conferences, and divisions as more than mere suggestions is not in place.

Some positives about this decision: recognition of cheerleading as a sport, and recognition of cheerleading as a contact sport under the statute that immunizes co-participants from simple negligence.

Full disclosure: I represented one of the defendant hockey players in the Karas case in Illinois.
Posted By : Tim Epstein

The journalist should correctly identify the sourc...

Message posted on : 2009-01-28 - 12:44:00

The journalist should correctly identify the source of the material being used. If the writer is taking it from an interview then that includes the name of the individual and biographical info. If it comes from written material, the source of the information should be noted. At best it is lazy reporting to not have such attribution. At worst it is an attempt by the writer to distort the source of the information.
Posted By : Anonymous

The Tampa Tribune's Marc Topkin reports that the R...

Message posted on : 2009-01-28 - 13:42:00

The Tampa Tribune's Marc Topkin reports that the Rays and catcher Dioner Navarro have an arbitration hearing date set for February 9.

Navarro's representatives have requested $2.5MM and the Rays have offered him $2.1MM. An arbitrator will decide between one of the two figures and announce his decision a few days after the hearing. Navarro hit .295/.349/.407 last season with seven dingers and 54 RBI.
Posted By : Pbenn001

hi,
would it be possible for you to
provide...

Message posted on : 2009-02-02 - 02:35:00

hi,
would it be possible for you to
provide a backlink to one of ours ite.In response we shall add your link in our site.if interested ,pls mail to sarahjose8@gmail.com
Posted By : Anonymous

So what are the Yankees' damages for the comments ...

Message posted on : 2009-02-02 - 10:31:00

So what are the Yankees' damages for the comments in Torre's book?
Posted By : john

your little stats was interesting, but I hope your...

Message posted on : 2009-02-02 - 13:07:00

your little stats was interesting, but I hope yourself or your readers dont equate years in college with actual education or intelligence. I attended 3 collegs while getting my degrees and also taught at 2 colleges. For the record black basketball players in 3 New York colleges never attended classes period and instructors were told to give these absent students passing grades! No shit
Posted By : Anonymous

ivory tower:

"moribund" is in the eye of th...

Message posted on : 2009-02-02 - 17:50:00

ivory tower:

"moribund" is in the eye of the beholder. following a 4 win 8 loss season, some fans would call their favored program moribund. few would categorize as a "golden era" seasons where their alma mater finished with final records of 4-8 (2008), 6-7 (2006), 6-5 (2005) and 7-5 (2004). that qualifies as moribund in many books.

as for university administration being bigots, you quite easily dismiss this as impossible. i direct your attention to charlie strong (uf) and turner gill (buffalo), who were both told by university insiders that they would never be hired for some head coaching positions based on both men (african american) being married to white women. that sounds bigoted to me.
Posted By : dre cummings

Hi John, thanks for the comment.

I don't ...

Message posted on : 2009-02-03 - 00:18:00

Hi John, thanks for the comment.

I don't see a viable legal claim by the Yankees against Torre, so I don't think there are any damages. Specifically, I don't think libel would work, especially since the Yankees' players and their key front office personnel would likely be considered public figures (plus truth is always a defense to libel, and from what I've seen, Torre for the most part was merely offering his opinions and views, which readers presumably understand to be subjective impressions).

And even if we assume there was a viable claim, I don't see how the Yankees' front office and players have been damaged in a legally-compensable way. Sure, the book may have annoyed them, but Torre was just offering his views and impressions of his time in NYC.
Posted By : Michael McCann

Michael - I like many of your points but wonder wh...

Message posted on : 2009-02-03 - 22:54:00

Michael - I like many of your points but wonder why you seem eager to penalize so-called "at-risk students." Don't these kids deserve the coache's/school's support if having a tough go of it academically? Not sure how giving up on a 16 or 17 year old b/c he isnt a strong student furthers any of the NCAA's goals/values. And its not as if a kid who scores high in games but low on exams would even have the NBA as an option, what with the new draft rules for high schoolers.
Posted By : Anonymous

Saying that drug addiction is not a disability is ...

Message posted on : 2009-02-04 - 00:29:00

Saying that drug addiction is not a disability is way too vague. At what point a disability becomes that?
Posted By : ibogaine treatment

If you read the first four paragraphs of the actua...

Message posted on : 2009-02-04 - 10:59:00

If you read the first four paragraphs of the actual article, it is made to appear that Prof. Wasserman made his statement after Nifong's motion, which of course is not what happened.

I think the writer was trying to make it look like he or she had interviewed Prof. Wasserman in the wake of the story. Bad job, and in my opinion it was no accident.
Posted By : Glenn

great news

Message posted on : 2009-02-04 - 12:53:00

great news
Posted By : kurtlar

I think that the fourth point raises an interestin...

Message posted on : 2009-02-04 - 14:07:00

I think that the fourth point raises an interesting potential conflict of interest for an admissions department. Wouldn't this provide an incentive to not admit a student-athlete who received a scholarship offer from the coach when the admissions department would like to penalize that coach for any number of reasons?
Posted By : Ed Edmonds

As an expert on the dynamics involved, could you e...

Message posted on : 2009-02-04 - 19:22:00

As an expert on the dynamics involved, could you explain how the Rooney Rule has brought this change? How can we rule out the "null hypothesis" that these young coaching stars would have been promoted anyway?
Posted By : Lior

Marc - great post on Above the Law. After my post...

Message posted on : 2009-02-04 - 19:35:00

Marc - great post on Above the Law. After my post on what the WI SC held last week on this Blog, I received a number of inquiries regarding possible Title IX implications. I have forwarded on a link to your piece.

Thanks,
Tim
Posted By : Tim Epstein

Ed,

Interesting point. Jim O'Brien "allege...

Message posted on : 2009-02-04 - 19:48:00

Ed,

Interesting point. Jim O'Brien "allegedly ran into this issue".

http://www.bc.edu/bc_org/rvp/pubaf/chronicle/v6/my22/leahy.html
Posted By : Tim Epstein

Tim, thanks for the kind words. I really enjoyed ...

Message posted on : 2009-02-04 - 20:05:00

Tim, thanks for the kind words. I really enjoyed your original post on the topic as well (I wanted to link to you on Above the Law, but I wasn't able to isolate your post on a page).

I am especially interested in how women's rights groups are reacting to the "competitive cheer" and Title IX issue. From the little bit I have been able to gather online, I have not found a uniform position. However, I think the distinction between University of Maryland's practices and those of certain other schools is important.
Posted By : Marc Edelman

Howard:

Great post. I think where we diverg...

Message posted on : 2009-02-05 - 07:20:00

Howard:

Great post. I think where we diverge is my very strong hunch that neither the Department of Education nor a reviewing federal court would take on the dictionary definition used by the Wisconsin Supreme Court.

As a complete aside, I continue to have a huge problem with courts using dictionary definitions of statutes when statutory intent is available. Dictionary definitions are all fine and good for when I resolve $15 disputes at SportsJudge, or maybe even when the Patent and Trademark Office goes through one of the myriad applications it gets on a daily basis. However, in the context of a court interpreting a statute, the underlying intent seems (to me at least) far more important -- not to mention the worth the additional time.

I have not seen all of the pleadings in the Wisconsin Supreme Court case, however, I would be surprised if intent did not come up there. And, I would be absolutely astonished if Congressional intent did not become a major issue in any Title IX case.
Posted By : Marc Edelman

Actually, Anonymous, I intentionally left that c...

Message posted on : 2009-02-05 - 07:37:00

Actually, Anonymous, I *intentionally* left that clause out because I think it represents a false choice that schools unfortunately have made. The response to a law designed to give equal opportunity should not be to limit everyone's opportunities equally.
Posted By : Howard Wasserman

I'm with the one who wanted to add the last senten...

Message posted on : 2009-02-05 - 09:14:00

I'm with the one who wanted to add the last sentence because that is exactly what has happened. Tell it like it is.
Posted By : Anonymous

kurtlar

Message posted on : 2009-02-05 - 12:35:00

kurtlar
Posted By : kurtlar

MacNamee clearly had access to Clemens' DNA in for...

Message posted on : 2009-02-05 - 15:20:00

MacNamee clearly had access to Clemens' DNA in forms other than by injecting needles into his gluteus. i.e. sweaty towel, chewed gum, t-shirt, cap, etc.

And you're right - Clemens' defense is that his trainer is out to get him. Judging the manner in which he stored all Roger's "memorabilia" shows he may even have stalker qualities.

Although forensic DNA evidence will be admissible, the defense should be able to discredit the individual who brought it forward.
Posted By : Ryan Q

Howard, I don't agree with your comment that the c...

Message posted on : 2009-02-05 - 15:55:00

Howard, I don't agree with your comment that the cutting of men's sports is a "false choice". The cutting of men's sports might be a "bad choice" but it is not a false one.

Put another way: Schools have two choices in how they comply with Title IX, (1) increase women's opportunites; or (2) decrease Men's. That is a choice with no other altneratives. Yes?
Posted By : Paul

Kristen,

What are your thoughts on A-rod a...

Message posted on : 2009-02-09 - 18:29:00

Kristen,

What are your thoughts on A-rod admitting the use of PEDs? Also perhaps you did not read the McCann article, but it is a legal analysis of the situation in which A-rod has gotten himself into.

Prof. McCann,

Thanks for the NSELS mention.
Posted By : william

Ed - these are first class reports/updates, keep u...

Message posted on : 2009-02-09 - 23:25:00

Ed - these are first class reports/updates, keep up the great work ... I do have a question -- is there some type of official list out there that contains this information (team offer, player off, settlement/result, etc.) in one document or is it just a matter of following news clippings? Thanks in advance for your response.
Posted By : Anonymous

I follow the news daily to put together my charts....

Message posted on : 2009-02-10 - 08:37:00

I follow the news daily to put together my charts. I expect to start a webpage later this year with my information. Murray Brown maintains a list at his Biz of Baseball website, see - http://www.bizofbaseball.com/

Also, the Cot's Baseball Contracts website has excellent coverage of arbitration and all aspects of baseball contracts - see http://mlbcontracts.blogspot.com/
Posted By : Ed Edmonds

Japan's culture is fairly intolerant of Marijuana ...

Message posted on : 2009-02-10 - 12:37:00

Japan's culture is fairly intolerant of Marijuana usage. It is quite the crime to be caught with it.

It isn't surprising that Americans are more tolerant of it since Marijuana is, frankly, quite accepted over here. It also isn't a performance enhancer which is what really pisses fans off here.
Posted By : Gregg

http://sports.espn.go.com/mlb/news/story?id=389684...

Message posted on : 2009-02-10 - 14:18:00

http://sports.espn.go.com/mlb/news/story?id=3896848

0-2. ;)

That being said - love the analysis. Please keep going.
Posted By : Anonymous

TUESDAY: ESPN reports that Navarro lost his case a...

Message posted on : 2009-02-10 - 14:27:00

TUESDAY: ESPN reports that Navarro lost his case and will earn $2.1MM in '09. No hard feelings, says his agents.
Posted By : Pbenn001

According to Marc Topkin of the St. Petersburg Tim...

Message posted on : 2009-02-10 - 16:23:00

According to Marc Topkin of the St. Petersburg Times, the Rays are closing in on a two-year deal with an option for infielder Willy Aybar. Aybar is a Super Two player (he has four arbitration years). He'll be eligible for free agency after the 2012 season.
Posted By : Pbenn001

I have been following the same story line about a ...

Message posted on : 2009-02-10 - 20:57:00

I have been following the same story line about a 2-year deal for Willy Aybar. It is interesting that the Rays might not hold to their "file-and-go" procedure.
Posted By : Ed Edmonds

5:44pm: The Tampa Tribune's Marc Lancaster confirm...

Message posted on : 2009-02-10 - 22:33:00

5:44pm: The Tampa Tribune's Marc Lancaster confirms Topkin's report and has gathered a quote from VP of Baseball Operations, Andrew Friedman:

â€œIt's premature to comment on it, but I think it's safe to say that we're very close.â€�
Posted By : Pbenn001

Michael, thanks for the link to AccessAthletes. I ...

Message posted on : 2009-02-10 - 23:40:00

Michael, thanks for the link to AccessAthletes. I enjoy reading your blog!
Posted By : Matthew

As usual, the press has provided us with all of th...

Message posted on : 2009-02-11 - 07:38:00

As usual, the press has provided us with all of their "opinions" about what the union and MLB did and did not do in the past, and what they should or should not do in the future. But there is only one fact here, and that is that somebody, somewhere, told SI that Rodriquez was one of the 104 on the list.

A discussion regarding the disclosure of the names of the other 103 by MLB and/or the union assumes that either of them even has the names, which appears very doubtful.

But even if the union has the names, it would be a clear violation of fiduciary duty owed to those players if the union were to disclose their names. I don't even think that's debatable.

Even if MLB has the names, it can't disclose the players' names or discipline them (under the "best interests" clause) because that would violate its confidentiality obligation under the CBA. MLB would likely lose that "showdown" (as you put it) in front of the NLRB.
Posted By : Rick Karcher

Mike:

I am going to echo -- and expand upon...

Message posted on : 2009-02-11 - 09:54:00

Mike:

I am going to echo -- and expand upon -- much of what Rick said in his final paragraph. My understanding is that, as a matter of law, Selig CANNOT release these names without breaching the CBA, as well as risking colossal tort liability in states where tort and contract theories may overlap.

My understanding is that the terms of baseball's 2003 confidential drug testing program were reached pursuant to the CBA (an agreement amongst players and teams). Moreover, this "confidentiality" requirement was not just a minor term of this agreement. It was its essence. (There are all sorts of statements that Donald Fehr had held out on past drug testing because of confidentiality concerns).

You mention the "best interests of baseball" clause as a possible exception to allow the release of player names. However, the "best interests of baseballâ€� clause comes from the league agreement, and not from the CBA. In the context of disputes amongst players, terms of the CBA trumps the league agreement. The CBA even explicitly states as much.

Finally, it is important not to lose sight, with respect to the "best interests of baseball," that Selig may be in a different legal position from past commissioners given two factors: (1) the presence of a players union which brings labor law into the scope, and (2) that the MLB Constitution no longer requires the commissioner to be a neutral.

Sorry for the length of this response; however, a number of my students tipped me off to your post and asked for my thoughts. So, I thought I would try my best to provide them. Hopefully, we can debate further next time we cross paths.

All the best,
Marc
Posted By : Marc Edelman

While this was a very on point and astute post, I ...

Message posted on : 2009-02-11 - 13:32:00

While this was a very on point and astute post, I am more greatful for the inspiration to go check my cable to see if I too had FSC now. and I DO! so thanks, channel 226, I never would have even looked before reading this.
Posted By : Anonymous

I am troubled by the release of the 103 other name...

Message posted on : 2009-02-11 - 14:54:00

I am troubled by the release of the 103 other names. Additionally, why was A-rod the only name released?

The players agreed to testing on the condition that the players names would remain confidential (which was reached pursuant to the CBA). I think their are several means to revealing the remaining names as Prof. McCann pointed out.

I would like to believe that the MLB would lose the "showdown" as Rick stated, but what about the fact that it is illegal to use steroids without a valid prescription?

It is not clear who has the list, or who has seen it. I am fairly certain that Selena Roberts and David Epstein will not disclose their confidential sources. How would these the legal or bargaining methods reach these unknown individuals?
Posted By : william

The answer is absolutely, he violated the rules of...

Message posted on : 2009-02-11 - 18:58:00

The answer is absolutely, he violated the rules of baseball. ask jason grimsley. A-Rod could be suspended, though I think it would be highly unlikely. A-Rod's confession to Gammons is an admission of violating the rules. Thus it is a "non-analytical positive." Like Grimsley, the commissioner could invoke his powers to suspend a-rod for violating the league rules. Moreover, there is no rule that it has to be the amount of time that it established in the CBA - those penalties applying to positives from drug testing. Selig could suspend him for 1 game or for life.
Selig can't use the positive test to suspend him. Thus, I am sure A-rod and the union would argue the confession was coerced, inextricably intertwined with, or the fruit of the breach of the CBA's confidentiality. Then it might become important as to how the report was leaked. Of course, this would make everyone else weary of confessing in the future.
I think you're also getting at can the league discriminate against A-rod â€“ they didn't enforce their laws against others â€“ why against him. As a private entity, courts will support what they do, unless it's illegal, arbitrary, or if they don't follow their own rules. Consider Grimsley and others have been suspended under the Selig's non-analytical positive power, I don't think its too arbitrary. It's a matter of having strong evidence against some and not so strong evidence against others. Even though the commissioner doesn't have to find proof beyond a reasonable doubt or even a preponderance of the evidence, he at least wants to have some evidence, whatever standard he imposes, to make sure he is treating players fairly â€“ to limit the success of a union grievance.
Posted By : Anonymous

to follow up on my orig anon post, i think a-rod w...

Message posted on : 2009-02-11 - 19:03:00

to follow up on my orig anon post, i think a-rod was sufficiently ambiguous and indefinite enough to avoid a suspension. Although he admitted to using "banned substances," he didnt say what. he also referred to the stuff possibly being legal then, but illegal now.

A-rod/the mlbpa would just say ok, what substances did he take mr. selig? and the answer would be, i dont know. thus no violation. again, this is b/c the positive test can't be used to say what substances per the CBA agreement re: survey testing
Posted By : Anonymous

Anon,

Grimsley is not a good comparison bec...

Message posted on : 2009-02-12 - 06:58:00

Anon,

Grimsley is not a good comparison because he was suspended by Selig after he was unconditionally released by the Diamondbacks (and I don't believe he served any time under the suspension). Grimsley or the union filed a grievance against the Diamondbacks because they refused to pay him and I believe they ultimately settled the grievance. Also, you say that "others have been suspended by Selig's non-analytical positive power". I can't recall any others. Which players are you referring to?

Howard,

As is the case with any player discipline, labor law governs, which places two important limitations on the baseball commissioner's authority in player disciplinary matters: Any provisions in the CBA and a "just cause" review by a neutral arbitrator.

Regarding the CBA, the union and league agreed that they would randomly and anonymously test a certain percentage of players (prior to establishing a drug testing program) as a condition to setting forth detailed testing procedures, guidelines and suspensions. The intent of the parties was obviously that any player who tested positive in that testing pool would not be suspended by the commissioner under the best interests clause, because if the intent were otherwise, certainly the union would not have agreed to it and such an interpretation would make the anonymity requirement superfluous.

I'm not sure how an "admission" under these circumstances gives the commissioner grounds to suspend. When it is revealed six years later that Rodriquez was on this list of players who tested positive, should Rodriquez be expected to take the position that he wasn't on the list or that it must have been a false positive? Perhaps the real problem is that the league shouldn't have agreed to give "a free pass" to players who tested positive out of that sample pool -- but that's a different issue.
Posted By : Rick Karcher

Jay Gibbons and Jose Guillen were suspended but th...

Message posted on : 2009-02-12 - 10:46:00

Jay Gibbons and Jose Guillen were suspended but the union challenged it and a deal was reached were players in the mitchell report were given amnesty. but it still evidences the commissioner's use of the best interest clause - which shows mlb had intent to enforce their rules - thus action against a-rod would not be arbitrary.

Ryan Jorgensen was suspended, i dont know if he actually served it or if the union filed a grievance and won.

selig has strategic decisions to make. he could make a strategic decision to try getting everyone to be forward looking and thus he wants to deter players from speaking-out and confessing in the future. Or, he could figure the only way to get this really over with is for all of the players to come out (which is unlikely, unless they are exposed) - thus he would decide not to penalize players.

if he wants to be able to use the best interest clause in the future -- b/c of the department of investigations MLB supposedly has in force now, maybe taking up the a-rod case, which he would likely lose, would be a bad idea. it would set even more arbitration precedent in favor of the mlbpa. because the confession was ambiguous and it was linked to the test results coming out, an arbitrator would likely rule on the side of the player.

However, this does not mean a-rod did not violate the rules - he used, as he puts it, "banned substances. The complications are procedural -burden of proof and admissibility of evidence questions. if the police raid a drug house without a warrant and thus can't use all the evidence and the defendants go free, did the defendants not break the law? or did the government just fail to meet their burden? I believe it's the later - the law was still broken.
Posted By : Anonymous

Anon,

Gibbons is not a good comparison bec...

Message posted on : 2009-02-12 - 12:38:00

Anon,

Gibbons is not a good comparison because the Orioles cut him in spring training that year (and so he didn't serve any time under any suspension for a non-analytical positive).

Guillen is a terrible comparison because his entire suspension was rescinded (so that example actually works to Rodriquez's favor under a "just cause" standard).

Jorgensen's 50 game suspension isn't even applicable because he actually tested positive under the drug program that was implemented.

Thus far, no player has served a suspension for a non-analytical positive. Labor law, not WADA law, governs the suspension of players. Your point that "the law was still broken" doesn't address labor law principles, nor the intent of the parties in construing the CBA.
Posted By : Rick Karcher

Cheated and broken the rules, no doubt. So has ev...

Message posted on : 2009-02-12 - 13:27:00

Cheated and broken the rules, no doubt. So has every other player that has used any listed "drug". The problem is the fear that the commissioner has to enforce testing or for that matter any punishment on an egual footing. The commissioner is simply afraid of the "union" and their power be it to stop a season, cancel a season or want more money. What we deal with is a group of spoiled, idolized, does not apply to me, fat headed, pigs. The commissioner fits into this nicely as he makes rules and never enforces them. Do not make a rule you are not willing to enforce, period. DO not be afraid to act to be fair, equitable, have some ethical concerns. A rule or law needs to be thought out totally, prior to its enactment. IF you decide that you will not enforce, don't ask or don't tell you are STUPID to make a rule in the first place! This is true be it baseball, football, hockey, cricket, rugby, basketball whatever.
Posted By : Anonymous

According to Tony Jackson of the Los Angeles Daily...

Message posted on : 2009-02-12 - 19:40:00

According to Tony Jackson of the Los Angeles Daily News, "it now appears that an arbitration hearing is all but inevitable for Andre Ethier."

Ethier's hearing is currently scheduled for Tuesday, February 17. He requested $3.75MM and the Dodgers countered with a $2.65MM bid back when figures were due. Jackson notes that the Dodgers have won their last two arbitration cases, with Eric Gagne in 2004 and Joe Beimel in 2007.
Posted By : Pbenn001

Please post a decision when you find it. This case...

Message posted on : 2009-02-12 - 20:08:00

Please post a decision when you find it. This case was used as a civil procedure final last semester by Jack Greenberg at Columbia.
Posted By : SamuelAlito

I always wanted an answer to that Lior

Message posted on : 2009-02-12 - 23:11:00

I always wanted an answer to that Lior
Posted By : free nba picks

Good. I hope the NCAA has to pay through the nose....

Message posted on : 2009-02-13 - 00:58:00

Good. I hope the NCAA has to pay through the nose. One of the most inept groups out there in my opinion.
Posted By : Pbenn001

According to Mark Bowman of MLB.com, "there is a g...

Message posted on : 2009-02-13 - 00:59:00

According to Mark Bowman of MLB.com, "there is a growing belief" that the Braves will not be able to avoid arbitration with Jeff Francoeur.

Francoeur's hearing is currently scheduled for Friday, February 20. He requested a salary of $3.95MM and the Braves countered with $2.8MM. Bowman does a fine job explaining the Braves' thinking:

Simply making an uncomfortable salary concession to avoid having to air dirty laundry in front of an arbitrator would further diminish the available funds Braves general manager Frank Wren is attempting to utilize while satisfying his roster needs.

Francoeur, 25, hit just .239/.294/.359 with 11 home runs and 71 RBI in 599 at-bats last season.
Posted By : Pbenn001

I really have to disagree with this, and to insinu...

Message posted on : 2009-02-13 - 11:12:00

I really have to disagree with this, and to insinuate that he "helped destroy" baseball is an incredible overstatement. I'm not upset with ARod or any of the PED users. I'm more upset about the way it is handled by the government, media, baseball, and the public at large. The hyperbole in the media that fuels the attitude that baseball is somehow in trouble because of steroids stems from a lack of understanding of baseball history. Baseball has gone through a lot worse â€“ the gambling scandals of the early 1900s, and two World Wars â€“ and it survives to this day, more popular and lucrative than ever.

As long as baseball has been played, players have turned to artificial means to enhance their performance. Hall of Famer King Kelly was known to skip bases as he rounded them because he played at a time where there was only one umpire to watch the field. In the 1890s John McGraw and his Baltimore Orioles grabbed players on the basepaths to slow their running (again, that whole one umpire thing) and prior to the game would muddy up the infield to hamper bunting if they were playing against a team that tended to utilize it. A modern illustration of what I feel is a more egregious example of cheating than any of the PED users is â€“ yet, another Hall of Famer â€“ Gaylord Perry, who was well known for throwing the Vaseline ball. At the very least, the PED users still have their skill in play even if it is an â€œenhancedâ€� skill; Perry was operating with completely different equipment and Kelly was playing by a whole different set of rules.

To compare PED use to the Black Sox, Pete Rose, or any of the other many gambling scandals that plagued baseball in the early 1900s is foolish. Think of it in a little league context: if you are called safe at first base when you know you are out, there is enormous social pressure to shut up and take your base. If, on the other hand, the ball is grounded to you as an infielder and you can easily throw out the runner, there is enormous social pressure to do so rather than simply letting him be safe at first. This pressure is there to preserve the integrity of the athletic competition. When you take wanting to win too far, it creates a situation where it's too ugly and "not worth it," which needs to be punished. However, when you add wanting to LOSE into the equation, you've got a game that's going nowhere and might as well be called off or given a pre-determined outcome like pro wrestling.

Back to the way this issue is handled by the media, and why it is frustrating. Everyone is more concerned about getting names than anything else that actually matters in the grand scheme of things â€“ how to fix the problem, what the effects are, etc. People often suggest that steroids need to be rooted out of the game "for the sake of children." Much like they screw up every other drug policy in the country, the powers that be have similarly handled the steroid issue all wrong by demonizing users rather than actually doing something constructive and educating. You hear more about [X player] who took HGH than the studies that show that HGH doesn't improve athletic ability (and there are many).

I don't think that steroids don't matter, or that efforts should not be made to weed them out of the game, but they should be placed in their proper context. Few things grate on me worse than media sensationalism and playing down to the lowest common denominator... and this whole steroids thing that has been going on for the last 5 or so years is full of both.
Posted By : Mark DeVincentis

Thanks for posting the announcement of the Widener...

Message posted on : 2009-02-13 - 15:12:00

Thanks for posting the announcement of the Widener Diversity and Sports Conference. I will be speaking about a provocative topic - instead of integrating baseball with just a single player, what would have happened if franchises from the Negro Leagues had been allowed to merge with the American and National Leagues.
Posted By : Ed Edmonds

MLB.com is reporting that Santana agreed to a 4-ye...

Message posted on : 2009-02-14 - 16:28:00

MLB.com is reporting that Santana agreed to a 4-year, $30,000,000 deal with the Angels.
Posted By : Ed Edmonds

In my experience, it's not a good sign when the ju...

Message posted on : 2009-02-14 - 23:29:00

In my experience, it's not a good sign when the judge asks you whether the 4th Amendment has been repealed.
Posted By : cjsamms

The photo you chose to use to accompany your blog ...

Message posted on : 2009-02-14 - 23:49:00

The photo you chose to use to accompany your blog shows a sumo wrestler who was not part of the scandal. In fact, he was not even mentioned in the article. Being one of a few non-Asians in sumo, he is quite easily identifiable. So your use of his photo unfairly taints his reputation by associating him with the article.
Posted By : cjsamms

sounds like W. Aybar signed a long-term deal with ...

Message posted on : 2009-02-16 - 09:29:00

sounds like W. Aybar signed a long-term deal with the Rays as well.

"Infielder Willy Aybar was here and underwent his physical exam; once all results are back in the next day or so, the Rays will finalize his new contract, for two years plus a 2011 option."

-http://blogs.tampabay.com/rays/
Posted By : Anonymous

Ryan Ludwick flew over to Phoenix on Sunday aftern...

Message posted on : 2009-02-16 - 10:31:00

Ryan Ludwick flew over to Phoenix on Sunday afternoon in preparation for his Tuesday arbitration hearing. He is still hopeful, according to MLB.com's Matthew Leach, that a deal can be reached.

The Cardinals settled on a last minute agreement with fellow outfielder Rick Ankiel on Thursday. Ludwick is hoping for a similar push, but his gap is fairly large. He requested $4.25MM and the Cards made a $2.8MM bid back when arbitration figures were due.
Posted By : Pbenn001

According to MLB.com's Steve Gilbert, the Diamondb...

Message posted on : 2009-02-16 - 10:31:00

According to MLB.com's Steve Gilbert, the Diamondbacks are not close to a contract with arbitration-eligible outfielder Conor Jackson.

Jackson requested $3.65MM and the club countered with a $2.45MM figure back when arbitration numbers were due. That gap has been a tough one to close and his hearing is looming. It is currently scheduled for Wednesday, February 18.
Posted By : Pbenn001

On Saturday, Tom Haudricourt of the Milwaukee Jour...

Message posted on : 2009-02-16 - 10:32:00

On Saturday, Tom Haudricourt of the Milwaukee Journal-Sentinel learned that a new offer was made to Corey Hart for '09 and his agent turned it down. The sides remain $1.1MM apart ($3.8MM vs. $2.7MM) with a hearing scheduled for Wednesday. Brewers assistant GM Gord Ash thinks it will be difficult to avoid. Hart's comparables are said to be Andre Ethier (Tuesday hearing) and Josh Willingham.
Posted By : Pbenn001

How odd. This kind of blows a hole in the Rays' "f...

Message posted on : 2009-02-16 - 12:59:00

How odd. This kind of blows a hole in the Rays' "file-and-go" position, doesn't it?
Posted By : Tom Flesher

Bill Chastain has also reported that Aybar is in P...

Message posted on : 2009-02-16 - 15:38:00

Bill Chastain has also reported that Aybar is in Port Charlotte and confirmed that an announcement of his two year deal will be forthcoming as soon as the results of his physical are finalized. Certainly the two numbers were close, but it does make you wonder what this says about their file-and-go protocol. I also think that it is interesting that they ended up with a multiyear deal for Aybar when they were not able to meet the earlier deadline. It will be interesting to see how they negotiate next year.

Of the 32 settled cases (total of 46 with three hearings), 9 are multiyear deals.

It does appear that a deal is close for Ryan Ludwick. He was set for a hearing tomorrow.

Others with hearing dates tomorrow are: Edwin Encarnacion and the Reds, Andre Ethier and the Dodgers, and Nate McLouth and the Pirates. I will be really surprised if the Dodgers avoid a hearing with Ethier. It does not sound like they are close. The Dodgers last hearing was with Joe Beimel in 2007. Ditto for the Reds and Encarnacion. The Reds last hearing was 2004 (Chris Reitsma). Jenifer Langosch hinted in her MLB.com article on Friday that McLouth is optimistic that a deal can be worked out. All three are over $1,000,000 apart.

There are four hearings set for Wednesday and one on Thursday and two on Friday.
Posted By : Ed Edmonds

SC sheriff will not charge Phelps:

http://w...

Message posted on : 2009-02-16 - 15:47:00

SC sheriff will not charge Phelps:

http://www.breitbart.com/article.php?id=D96CSLFO0&show_article=1
Posted By : william

How odd. This kind of blows a hole in the Rays' "f...

Message posted on : 2009-02-16 - 17:11:00

How odd. This kind of blows a hole in the Rays' "file-and-go" position, doesn't it?

No. an exception they have is for long term contracts
Posted By : Anonymous

I do not recall that the Rays said anything about ...

Message posted on : 2009-02-16 - 17:41:00

I do not recall that the Rays said anything about an exception for long-term deals and that would not be what the file-and-go philosophy is set to do. Supposedly the teams with this philosophy (Rays, Marlins, Astros) said that if you do not reach a settlement, long-term or otherwise, by the deadline for filing numbers (Marlins, Rays) or some club announced deadline after the exchange (Astros), negotiations STOP, and we will see you at the hearing. Here that is not what happened because the Rays obviously continued to negotiate and ultimately postponed the hearing to finalize a deal. Maybe their strategy had been to force Aybar's agent to pick an even lower number to exchange. Anyway, I think it makes it harder to take this stance next year.

Jenifer Langosch posted an article at 3:40 today saying that the Pirates and McLouth appear to be headed for a hearing.
Posted By : Ed Edmonds

Derrick Goold of the St. Louis Post-Dispatch repor...

Message posted on : 2009-02-16 - 19:24:00

Derrick Goold of the St. Louis Post-Dispatch reports that the Cardinals have reached agreement with Ryan Ludwick on a one-year deal.

ESPN.com's Jayson Stark has learned that the deal is worth $3.7MM and carries another $100K in incentives.
Posted By : Pbenn001

Also Ed, I don't know if you're interested in any ...

Message posted on : 2009-02-16 - 19:27:00

Also Ed, I don't know if you're interested in any of this, but below I've posted below some thoughts about Type A free agents and how the MLB might help them and some teams out to get them off the market.

MONDAY: Ken Rosenthal of FOX Sports has more on the topic. He says:

Major League Baseball, the players' union, the Diamondbacks and Cruz's agents are in discussions to facilitate a sign-and-trade involving Cruz that adheres to the collective-bargaining agreement. Free agents cannot be traded before June 15 without their consent, but the union will permit Cruz and other Type A players to waive that right, according to Rob Manfred, baseball's executive vice-president of labor relations.

Rosenthal says the D'Backs are not discussing this kind of scenario with Hudson's agents, and it's unknown whether Cabrera and the White Sox are talking about it. Rosenthal says there would be a window, perhaps 48 hours, for the team to make a deal. If no deal is made then the player would remain a free agent.

SUNDAY: La Velle E. Neal of the Minneapolis Star-Tribune suggests MLB might allow for a workaround for Type A free agents:

There have been rumblings that Major League Baseball, which is aware that Type A free agents like Juan Cruz and infielders Orlando Hudson and Orlando Cabrera have been hindered by the compensation rules, are willing to make it easier for teams to sign then trade those free agents. For example, Arizona could sign Cruz to a contract that the Twins are willing to take on. The Twins and Diamondbacks would then work out a trade for Cruz. The Twins could land Cruz without losing a draft pick.

No word on what MLB would do to facilitate these sign n' trades. Perhaps they'd just give their approval.

Neal notes that the Twins have discussed Cruz internally, but wouldn't be willing to give up their #23 pick in the June draft for him. Also keep in mind that the Twins just brought in reliever Luis Ayala.
Posted By : Pbenn001

First, let me respond to the Ludwick post from pbe...

Message posted on : 2009-02-16 - 20:03:00

First, let me respond to the Ludwick post from pbenn001. The $3,700,000 plus incentives does put the deal above the midpoint of $3,525,000. That is the fifth deal in this class above the midpoint.
Posted By : Ed Edmonds

There were 24 free agents tendered an offer back i...

Message posted on : 2009-02-16 - 20:29:00

There were 24 free agents tendered an offer back in December. Fifteen were classified as Type A free agents by Elias: Burnett, Cabrera, Cruz, Fuentes, Hudson, Ibanez, Lowe, Oliver, Perez, Ramirez, Rodriguez, Sabathia, Sheets, Teixeira, Varitek.

The compensation for a Type-A free agent is as follows: The team losing that player receives two compensatory draft picks. If the signing teams first-round pick is below the top fifteen picks in the draft, the signing team loses that pick to the free agent's former team plus a supplemental or sandwich pick between the first and second rounds. If the signing team has a choice in the first fifteen, the free agent's former team receives the signing team's second-round choice plus the sandwich pick.

Today in my Sports Law class, we discussed the Alvin 'Junior' Moore arbitration from 1977. I use Weiler & Roberts' casebook. The Atlanta Braves had granted Moore a special covenant that allowed him to force a trade if he was not satisfied with his amount of playing time although he was not yet a six-year veteran eligible for free agency. The arbitrator allowed the Braves to make this move, but the arbitrator did not feel that the Braves should be allowed to circumvent the re-entry process. The reasons offered were that the Braves could give away their right to keep Moore because the rule was established for the protection of the club, but the re-entry rules benefited all of the other teams.

We also discussed the Chris Dudley/NBA deals that allowed him to circumvent the NBA's soft cap and sign a lucrative deal after accepting a lower salary for the first year with the new team.

The sign n' trade process might be seen as a way to circumvent the compensation system. The union certainly has an incentive to not press this because they want to see these free agents move to a team that wants them, but would all of the teams who must give up draft choices this year be willing to go along? This is really an interesting question. Thanks for bringing it up. I hope we can keep this discussion going.
Posted By : Ed Edmonds

As MLB.com's Ken Gurnick reports, the Dodgers and ...

Message posted on : 2009-02-16 - 20:43:00

As MLB.com's Ken Gurnick reports, the Dodgers and outfielder Andre Ethier are on the eve of an arbitration hearing. The two sides have less than 24 hours to work out a deal, and it doesn't look promising.

"There's no way to handicap it," general manager Ned Colletti said Monday afternoon. "The time is right to do it when both sides can't agree. We've tried to avoid it and we will the next 24 hours. We all love Andre. He was the first player I traded for when I came here."

Ethier asked for $3.75MM and the Dodgers offered $2.65MM back when figures were due. The 26-year-old hit .305/.375/.510 with 20 home runs and 77 RBI last season.
Posted By : Pbenn001

Ed, I figured you'd just be interested in the way ...

Message posted on : 2009-02-16 - 20:44:00

Ed, I figured you'd just be interested in the way that the MLB seems to be trying to circumvent the process as you said. I understand how the process works since I follow baseball religiously, but it definitely is quite an interesting process. It certainly does seem like something the MLBPA would be against though, I'll give you that.
Posted By : Pbenn001

According to Steve Gilbert of MLB.com, the Diamond...

Message posted on : 2009-02-16 - 20:49:00

According to Steve Gilbert of MLB.com, the Diamondbacks could be hammering out a sign-and-trade deal with reliever Juan Cruz.

"I can't say too much," Diamondbacks GM Josh Byrnes said Monday. "But of late, they've talked to the union, we have talked to the Commissioner's Office to see if there is a way where they could sign through us and then we would receive in trade what we would deem as enough value."
Posted By : Pbenn001

I was certain that you were aware of the compensat...

Message posted on : 2009-02-16 - 22:16:00

I was certain that you were aware of the compensation scheme, etc. I just thought that I would add that for context for other readers.
Posted By : Ed Edmonds

That's understandable. No harm, no foul.

Message posted on : 2009-02-16 - 23:39:00

That's understandable. No harm, no foul.
Posted By : Pbenn001

Also, the Cardinals have officially finished all o...

Message posted on : 2009-02-16 - 23:42:00

Also, the Cardinals have officially finished all of their arbitration cases.

1/19/09
Chris Duncan 1/$825K

1/19/09
Todd Wellemeyer 1/$4.05M

1/20/09
Brad Thompson 1/$650K

2/12/09
Rick Ankiel 1/$975K

2/16/09
Ryan Ludwick 1/$3.7M
Posted By : Pbenn001

Oops, that figure for Ankiel should be 1/$2.85

Message posted on : 2009-02-16 - 23:52:00

Oops, that figure for Ankiel should be 1/$2.85
Posted By : Pbenn001

Yahoo's Jeff Passan says the D'Backs and Jackson h...

Message posted on : 2009-02-17 - 00:05:00

Yahoo's Jeff Passan says the D'Backs and Jackson have been discussing a long-term deal for nearly eight months. Though they're struggling just to agree on his '09 salary, the D'Backs would like to buy out Jackson's three arb years and get a club option on his first free agent season.
Posted By : Pbenn001

Hey, I like your blog information, keep up the goo...

Message posted on : 2009-02-17 - 09:17:00

Hey, I like your blog information, keep up the good posting! But don't you consider default blogger.com themes boring? Well, I have little advice for you, check out WebToolGallery.com for free custom blogger templates. :)
Posted By : Anonymous

I remember reading that the Rays had an exception ...

Message posted on : 2009-02-17 - 09:24:00

I remember reading that the Rays had an exception to their file-and-go strategy which allowed negotiating for long-term deals (not just one year). however, i can't find it now after a quick google search.
Posted By : Anonymous

I will also look into finding out something about ...

Message posted on : 2009-02-17 - 09:50:00

I will also look into finding out something about an exception to the Rays rule about multiyear deals. The Encarncion and McLouth hearings scheduled for today were avoided with both players receiving multiyear deals.
Posted By : Ed Edmonds

9:58am: The AP says McLouth's deal is worth $15.75...

Message posted on : 2009-02-17 - 11:08:00

9:58am: The AP says McLouth's deal is worth $15.75MM over three years.

6:49am: According to Dejan Kovacevic of the Pittsburgh Post-Gazette, the Pirates have agreed to a three-year contract with Nate McLouth, avoiding arbitration. There is a team option for 2012. No other details are available at this time.

McLouth was eligible for arbitration for the first time this offseason. This deal buys out all three arbitration years and gives the Pirates control of McLouth's first season of free agency.
Posted By : Pbenn001

9:32am: Hal McCoy of the Dayton Daily News believe...

Message posted on : 2009-02-17 - 11:09:00

9:32am: Hal McCoy of the Dayton Daily News believes the deal is worth $5MM.

8:30am: According to John Fay of the Cincinnati Enquirer, the Reds agreed to a two-year deal with third baseman Edwin Encarnacion. The sides had been $1.15MM apart on his '09 salary. He'll still have one arb year (2011) before free agency.
Posted By : Pbenn001

10:24am: Troy Renck of the Denver Post has details...

Message posted on : 2009-02-17 - 11:59:00

10:24am: Troy Renck of the Denver Post has details:

Encarnacion will receive $2MM this season and $4.75MM in 2010 with an $850K signing bonus payable between March 29 and November 2009. Also will get $25K for 600 plate appearances.
Posted By : Pbenn001

McLouth:

10:24am: Troy Renck of the Denver ...

Message posted on : 2009-02-17 - 12:01:00

McLouth:

10:24am: Troy Renck of the Denver Post has the breakdown:

$2MM in 2009; $4.5MM in 2010; $6.5MM in 2011 with club option 2012 for $10.65MM or $1.25MM buyout. His $1.5MM signing bonus is payable between March 2009 and July 2009. His base salary in 2010 increases by $200K for All Star in 2009; $200K for GoldGlove in 2009; $100K for Silver Slugger in 2009. His base in 2011 increases by $200Kfor All Star in 2010; $200K for Gold Glove in 2010; $100K for Silver Slugger in 2010. His base in 2012 increases by $300K for All Star in 2011; $300K for Gold Glove in 2011; $150K for Silver Slugger in 2011.
Posted By : Pbenn001

Discussing long-term extensions is not the same as...

Message posted on : 2009-02-17 - 13:16:00

Discussing long-term extensions is not the same as negotiating for arbitration.
Posted By : Anonymous

Yes, I am aware of that. Just passing along the ne...

Message posted on : 2009-02-17 - 13:46:00

Yes, I am aware of that. Just passing along the news that these players signed contracts instead of going to arbitration. I'm failing to see how that's not relevant.
Posted By : Pbenn001

Josh Willingham's arbitration hearing is scheduled...

Message posted on : 2009-02-17 - 13:47:00

Josh Willingham's arbitration hearing is scheduled for Wednesday, Ryan Zimmerman's for Saturday.
Posted By : Pbenn001

According to Joel Sherman of the New York Post, th...

Message posted on : 2009-02-17 - 13:48:00

According to Joel Sherman of the New York Post, the Dodgers avoided arbitration with outfielder Andre Ethier by signing him at $3.1MM for '09. He can earn another $100K in incentives. If Ethier gets those incentives he'll be at the midpoint of the two submissions. Perhaps the deal will help Corey Hart and Josh Willingham come to terms.
Posted By : Pbenn001

Tom Haudricourt of the Milwaukee Journal Sentinel ...

Message posted on : 2009-02-17 - 19:20:00

Tom Haudricourt of the Milwaukee Journal Sentinel reports that the Brewers have agreed to terms with Corey Hart on a one-year, $3.25MM contract.

Hart requested $3.8MM and the Brewers offered $2.7MM back when arbitration numbers were filed.
Posted By : Pbenn001

This is ridiculous. How about just instituting som...

Message posted on : 2009-02-17 - 20:54:00

This is ridiculous. How about just instituting some extra security or holding your citizens accountable for their actions? I know, that's just so hard to do. (Insert rolling eyes here)
Posted By : Pbenn001

8:51pm: Nick Piecoro of the Arizona Republic has t...

Message posted on : 2009-02-17 - 23:16:00

8:51pm: Nick Piecoro of the Arizona Republic has the financial details; the contract is worth $3.05MM.

8:35pm: MLB.com's Steve Gilbert reports that the Diamondbacks have agreed to a one-year contract with outfielder Conor Jackson.

An arbitration hearing was scheduled for Wednesday, so the deal was struck just in time. Financial terms are not yet available, but the sides probably settled near the midpoint of the numbers that were filed at the end of January. The Diamondbacks submitted a $2.45MM bid and Jackson's representatives countered with a request for $3.65MM.

GM Josh Byrnes has not required an arbitration hearing in his time with the Diamondbacks.
Posted By : Pbenn001

I am surprised you guys haven't touched upon the A...

Message posted on : 2009-02-18 - 09:03:00

I am surprised you guys haven't touched upon the Andrew Oliver case. Seems right up Karcher's alley.

http://www.baseballamerica.com/blog/college/?p=746
Posted By : Anonymous

I think that we have only Willingham left on the s...

Message posted on : 2009-02-18 - 09:58:00

I think that we have only Willingham left on the schedule today. I suspect a settlement is in the works. We will see if they can get a deal done.
Posted By : Ed Edmonds

It's further down the first page.

Message posted on : 2009-02-18 - 12:43:00

It's further down the first page.
Posted By : Pbenn001

A deal was reached with Kelly Johnson to avoid arb...

Message posted on : 2009-02-18 - 15:19:00

A deal was reached with Kelly Johnson to avoid arbitration earlier today. It's in the AJC: http://www.ajc.com/sports/content/sports/braves/stories/2009/02/18/braves_johnson.html
Posted By : Oskie

Thanks for the update on Kelly Johnson. I was so ...

Message posted on : 2009-02-18 - 15:59:00

Thanks for the update on Kelly Johnson. I was so focused on today's group that I had not yet checked on the final three. The way things are going, we might be done with hearings. That would be interesting because the players have not won more hearings than teams since 1996.
Posted By : Ed Edmonds

According to SI.com's Jon Heyman, the Nationals av...

Message posted on : 2009-02-18 - 18:52:00

According to SI.com's Jon Heyman, the Nationals avoided arbitration with outfielder Josh Willingham by signing him at $2.95MM for '09. That's just a bit under the midpoint of the two filings. This is Willingham's first arbitration year, so he's under team control through 2011.
Posted By : Pbenn001

The Braves settled with both Johnson and Francoeur...

Message posted on : 2009-02-19 - 09:37:00

The Braves settled with both Johnson and Francoeur at the midpoint. That leaves only Ryan Zimmerman. Even though I have seen reports stating that the hearing is scheduled for either Friday or Saturday, most of the recent reports reconfirm that the date is tomorrow.
Posted By : Ed Edmonds

It is nice to see some debate on the Oliver decisi...

Message posted on : 2009-02-19 - 14:50:00

It is nice to see some debate on the Oliver decision. Both Alan and Tassos make good points. I have a commentary in The Jurist (University of Pittsburgh) about the Oliver decision in Ohio. Unfortunately, the editors translated OSU to mean Ohio State and not Oklahoma State (Oliver's alma mater), but it works either way.

http://jurist.law.pitt.edu/hotline/2009/02/despite-oliver-ruling-to-allow-legal.php

Despite Oliver ruling to allow legal counsel for student athletes more reform at NCAA needed
1:37 PM ET

Timothy Liam Epstein [Chair, Sports Law Practice Group, SmithAmundsen LLC]: "The Oliver opinion is a major victory for student athletes who find the process of testing the market increasingly difficult without jeopardizing their amateur status, especially with recognition of third-party beneficiary status to the relationship between the NCAA and a member institution. Surely the NCAA needs work, from the National Letter of Intent to Bylaw 12.3.2.1 to Bylaw 19.7, but I would like to see more of the reform come from within the NCAA itself.

Member institutions like OK State University find themselves in awkward positions of having to comply with NCAA rules while protecting the interests of its student athletes, which in a case like Oliver, creates a potential conflict. Furthermore, allowing student athletes to negotiate with professional teams without a lawyer, but not placing the same restriction on the professional team creates an unbalanced negotiation. While Bylaw 12.3.2 provides for lawyer assistance in review of a proposed contract, not allowing the lawyer in the room during negotiations of the same contract can be unworkable (what if mom/dad/guardian is a lawyer?). Keep in mind that the aforementioned contract lawyer must be compensated by the student athlete or his family. Some argue that pro-sports counseling panels are an available tool for use during negotiations (see Bylaw 12.3.4), but these panels are reported as underused. Finally, assuming the student athlete's allegations in the factual record to be true, the conduct of the Baratta's/Icon Sports speaks to the need for better agency regulation."
Posted By : Tim Epstein

With Jeff Franceur, the worst full-time outfielder...

Message posted on : 2009-02-19 - 15:54:00

With Jeff Franceur, the worst full-time outfielder in baseball, coming in at the halfway point (3.37 million), I am curious if this type of analysis of breaking players up into groups is appropriate.

Based upon skills, I would think that Francoeur would come in at "below the midpoint" but apparently the numbers already took his depressed value into account, which is why his deal was "at the midpoint." Does this make sense to you?
Posted By : Paul

If the parties had gone to a hearing and the panel...

Message posted on : 2009-02-20 - 08:45:00

If the parties had gone to a hearing and the panel had been convinced that Francouer was really at the bottom end of the comparable group of players with the same amount of playing time (Francouer is just over 3 years of credited service), the panel would accept the Braves number. Once settlements began early this week it seems to me that everyone lined up to settle around the midpoint.

The results of hearings can be unpredictable. Maybe I am a little sensitive this year because I am 0-3 in my predictions, but you can find many, many quotations from participants to that effect. So, I think in many instances both sides prefer to split the difference and avoid the acrimony of the hearing.

It is true that Francouer's home run numbers have dropped from his 2006 season and his batting average last season was .239 compared to .293 in 2007. His slugging percentage is down and his on base percentage last year was below .300. His strikeout totals are high. They sent him down to Mississippi (Southern League) in July. This is just a small sampling of what the Braves would have thrown at Francouer in a hearing. He did win a Gold Glove in 2007.

So, the single offer or final offer process is geared towards producing settlements. The Braves are 15-9 in all of the hearings in their history, so they have been willing to go to hearings. That said, they have not been to a hearing since 2001 with Andruw Jones, Kevin Millwood, and John Rocker. Now isn't that an interesting group? So, it has not been the recent trend for the Braves to roll the dice. Management really dislikes this system of arbitration. Often teams will show their displeasure by moving the player elsewhere.

I think that one way that you can read this is that both sides feel that a midpoint settlement is normative based on the statistics. My research does support that observation. Neither side is happy because they both feel that their number was defensible. If the Braves had really felt so strongly that the midpoint was a bad number, I think they should have gone to a hearing. With all things considered, like so many players and teams, they decided to settle.
Posted By : Ed Edmonds

It sounds really interesting, wish I had a little ...

Message posted on : 2009-02-20 - 11:50:00

It sounds really interesting, wish I had a little bit more lead time to make arrangements to go.

However, regarding the keynote speaker, I am I the only one who has had about enough of Andy Zimbalist? Or has his stature as an expert witness declined to such a degree that he now has time for speeches?
Posted By : Anonymous

One point can't be ignored here: The Commissioner...

Message posted on : 2009-02-20 - 12:30:00

One point can't be ignored here: The Commissioner and/or the MLBPA may have no choice in the matter if the Feds prosecute and the list is introduced into evidence (if it hasn't already been subpoenaed, and if a court hasn't ordered the list turned over). Once that happens it seems that the cat will be out of the bag; while someone who is only accused if taking roids (Mark McGwire) may get his name cleared--or not--how can players not on the list clear their names ("Where do I go to get my reputation back?") if they don't know whether their names are on the list or not?
Posted By : Anonymous

This year was a small sample size.

Message posted on : 2009-02-20 - 13:31:00

This year was a small sample size.
Posted By : Anonymous

Yes, the three hearings this year ties a record lo...

Message posted on : 2009-02-20 - 21:56:00

Yes, the three hearings this year ties a record low established in 2005 (teams won 2 of 3). This was the eighth consecutive year with 8 or fewer hearings. A trend continues of few hearings over the past 4 years when 100 or more cases were filed.
Posted By : Ed Edmonds

It's a sad truth that she was not allowed to play ...

Message posted on : 2009-02-21 - 23:05:00

It's a sad truth that she was not allowed to play and it's even more sad than the odd mix of sports and political issue here. I admire Roddick's move however to sympathize in his own way to his fellow sportsman and I don't see any politics in that move, just plain camaraderie and show of support with a fellow tennis player.

Ana
Posted By : ana's dubai blog

To add to Mark's original post:

The Davis C...

Message posted on : 2009-02-22 - 17:49:00

To add to Mark's original post:

The Davis Cup match in Sweden was scheduled to be played at the Baltic Hall in Molmo. There are now plans to move the game to the Royal Tennis Hall in Stockholm. Malmo has a very large population of immigrants from arab countries, and the city has taken the position that it cannot guarantee the safety of the spectators.

There are also financial implications to be considered. The original venue had expected profits of around 150,000 USD, while the cost of playing the match with empty stands would be around 240,000 USD.

Also noteworthy is that there is an organized effort from several groups in Malmo to force the cancelation of the game. The city has already been vandalized by the "peace activists" claiming to want peace in the middle east. This includes Graffiti on public property and broken windows.

Lars Ohly, a Swedish member of Parliament and chairman of the the Left Party (known as "the Left Party - Communists" until the party dropped the Communists part of the name in 1990) has voiced his opposition of the game and his support of Palestinian people.

I haven't seen to much of this in international news, but I will keep an eye on the swedish media for any updates...
Posted By : Jimmy H

A summary of the arbitrations for this year can be...

Message posted on : 2009-02-23 - 14:15:00

A summary of the arbitrations for this year can be found at:

http://bizofbaseball.com/index.php?option=com_content&view=article&id=2974:2009-mlb-salary-arbitration-vital-stats&catid=66:free-agnecy-and-trades&Itemid=153
Posted By : Paul

Maury Brown has an excellent website (bizofbasebal...

Message posted on : 2009-02-23 - 22:12:00

Maury Brown has an excellent website (bizofbaseball). He has posted a number of articles covering salary arbitration and free agents. I highly recommend his posts. He was also quoted in a recent article by Fred Clarke on mlb.com (Arbitration Key to Salary Escalation - 2-21-2009).

One thing that should be kept in mind about arbitration. Prior to arbitration the player has no leverage to request much beyond the minimum salary. The following players that exchanged numbers all had salaries below $500,000 last year - Aybar, Bannister, Camp, Cabrera, Encarnacion, Ethier, Francoeur, Hart, Hill, Jackson, Jacobs, Johnson, Ludwick, Maholm, Maine, Markakis, McLouth, Navarro, Olsen, Rodriguez, Santana, Uggla, Willingham, and Zimmerman. That is 24 of the 46 players.
Posted By : Ed Edmonds

Howard, I think the pee test exclusion is multi-la...

Message posted on : 2009-02-23 - 23:41:00

Howard, I think the pee test exclusion is multi-layered - it's not just that it's not really a statement against interest - it's that a finder of fact is unlikely to believe the claim that Anderson was being tipped off by MLB. It sounds more like braggadocio than reality. These statements actually go against the reliability everything stated in that tape. The tip off-claim along with the fact the steroid they are supposedly talking about (THG, which the court still hasn't decided was illegal) was oral instead of injectable should cause problems with reliability. I'm thinking she's leaning toward throwing the whole tape out, because if she and the lawyers don't know whether THG was illegal, why would Greg Anderson have assumed it was?
Posted By : Anonymous

As a starving minor leaguer, I know personally tha...

Message posted on : 2009-02-24 - 22:54:00

As a starving minor leaguer, I know personally that minor leaguers are desperately in need of unionization. However, the difficulties in accomplishing such a feat are great. It is such a numbers game in minor league baseball that most are afraid to do anything that goes against the status quo. For this reason, salaries and contracts remain almost exactly the same today as that of 30 years ago.

The past three years I tried to illuminate the life of minor league players through my blog at the Sporting News. http://www.sportingnews.com/experts/garrett-broshuis/
I will this season be blogging for Baseball America.
Posted By : gbroshuis

"...minor league baseball players should be organi...

Message posted on : 2009-02-25 - 01:24:00

"...minor league baseball players should be organized into a union."
From this it is not enough what to turn out. Too many problems.
http://law-us.blogspot.com/
Posted By : aglu

I believe that UNC ties academics to jersey retire...

Message posted on : 2009-02-27 - 23:54:00

I believe that UNC ties academics to jersey retirement (i.e. you must graduate before it can go up). Pretty sure this was a trend started by Dean Smith and continued by Gutheridge, Doherty and now Roy. That said, Dean was unparralled in his pursuit of "doing things the right way." Though hes certainly a quality coach, Rick Barnes would never be confused for Dean when it comes to ethics/morals and Texas no doubt wants Durant's jersey up there for recruiting purposes. So long as the NCAA continues to exploit these kids I dont see any problem with a school giving them something tangible to honor their accomplishments.
Posted By : Anonymous

A quick question, for Anon. @ 11:54: Michael Jord...

Message posted on : 2009-03-02 - 02:02:00

A quick question, for Anon. @ 11:54: Michael Jordan's number 23 at UNC (Chapel Hill) wasn't retired when he left (or at any point since)? No, I'm not challenging--I honestly do not remember!
===============================
One quick note: In the NCAA, retired numbers aren't retired in the same way as in pro sports, particularly in football and basketball, due in the former to squad size and the latter to numbering limitations (no uniform numbers can have digits 6-9). Retired numbers are out for five years and then brought back.

In the pros, of course, numbers once retired stay retired except under very specific circumstances, such as:

>> If a son ever plays for same team as the player
(i.e. Pete Rose's son would wear #14 in CIncinnati, or Jim Gilliam's son would have worn #19 with the Dodgers).

>> A person whose number is retired gives permission for another player to use it (i.e. Julius Erving gave permission for someone--Allen Iverson?--to wear #6 with the 76ers on a one-off).

>> A player returns (yes, Michael Jordan got #23 back after returning and wearing #45).
Posted By : Anonymous

Gabe -

Thanks for posting the results of th...

Message posted on : 2009-03-02 - 14:20:00

Gabe -

Thanks for posting the results of this year's Mardi Gras Invitational Sports Law Competition. I was fortunate to be the faculty advisor for the Loyola New Orleans teams from 1992-2000. I must brag a bit as well because we produced winners in 1997, 1999, and 2000 and a finalist in 1993. In some of those years we went head-to-head with Matt Mitten's teams from South Texas and Marquette.

I really wanted to congratulate you and Tulane on the quality of the final panel this year, and the great judging that was always present during the years that I was involved. The problem was always timely, as was the one this year, and the competition is well organized.

Congratulations again to everyone at Tulane for continuing the fine tradition of hosting a first-rate national moot court competition.
Posted By : Ed Edmonds

UNC has the same rules as Texas.

"For a No...

Message posted on : 2009-03-02 - 17:27:00

UNC has the same rules as Texas.

"For a North Carolina men's player to have his jersey retired, he must win at least one of six national player of the year awards: The Associated Press, the U.S. Basketball Writers Association, the National Association of Basketball Coaches, Sporting News, the Wooden Award and the Naismith Award."

Case in point: Michael Jordan and, I believe, Antawn Jamison, did not receive their degrees before having their numbers retired.
Posted By : Anonymous

It seems the hours were on a test basis last year....

Message posted on : 2009-03-03 - 14:30:00

It seems the hours were on a test basis last year. Are the women-only hours continuing this year? I could not find any mention of them on the Harvard Rec Sports pages.
Posted By : Colin

I think TSSAA should be disbanded in the state. Th...

Message posted on : 2009-03-04 - 16:39:00

I think TSSAA should be disbanded in the state. They have unfair rulings and try to be the mafia muscle man in the state which their own referees do not know what they are doing.
Posted By : Anonymous

Houston is great place for baseball. The Houston A...

Message posted on : 2009-03-05 - 01:24:00

Houston is great place for baseball. The Houston Astros are a professional baseball team based in Houston. The Astros are a member of the Central Division of Major League Baseball's National League.Astros tickets
Posted By : Astros

Rick:

Great post. You know, it's funny: I ...

Message posted on : 2009-03-05 - 09:28:00

Rick:

Great post. You know, it's funny: I am probably in the ultra-minority here, but I believe that every time the BCS is tweaked, the BCS becomes more anti-competitive (rather than less so). If there were only six conferences eligible to compete in BCS Bowl Games, it would be more challenging for a plaintiff to define a bona fide market in which the BCS clubs have market power. (Remember, the issue is competition for consumers, not competition to call oneself a champion).

Each time additional conferences and at-large bids are added to the BCS, however, it actually becomes more difficult for schools to compete outside the system because the number of premier college football programs with which to schedules games outside the system
declines.

In addition, lets not lose sight of that in the context of schools like Utah, the problem might just be their own darned fault. (I'm serious). All NCAA schools are part of a different conspiracy to restrain student-athlete "wage" rate at $0. Lets face it, if one of the smaller conferences broke away from the NCAA and started paying their student-athletes fair market wage, they might develop the level of talent where both consumers and the media recognize them as the national champs. However, the State of Utah only seems concerned about restraint of trade when the result of that restraint works against their interests.

How about applying an unclean hands doctrine against an antitrust challenge? Has it ever been done?
Posted By : Marc Edelman

Marc,

I completely disagree with you that n...

Message posted on : 2009-03-05 - 10:14:00

Marc,

I completely disagree with you that not paying wages to college players has a bearing on whether the BCS system violates Section 1. So I don't even view it as unclean hands, but in any event, I can't recall its prior application in an antitrust case.
Posted By : Rick Karcher

Fascinating conference and once again completely s...

Message posted on : 2009-03-05 - 10:44:00

Fascinating conference and once again completely sold out. Is there going to be any type of recording of these panels that can be purchased?
Posted By : Ed Q.

Rick:

I didn't expect you would agree with ...

Message posted on : 2009-03-05 - 12:30:00

Rick:

I didn't expect you would agree with me about the point of the NCAA conspiracy in restraining student-athlete wages serving to weaken Utah's claims of anticompetitive effects with respect to the BCS. Few do on that point. And frankly, I'm still trying to fine tune my own argument, and am only about 50% sold on it at the moment.

However, my argument mainly reverts back to cases where prospective sports team owners seek entry into an existing league, such as the cases Mid-South Grizzlies v. NFL, 720 F.2d 772 (3d. Cir. 1983) and Seattle Totems Hockey Club v. NHL, 783 F.2d 1347 (9th Cir. 1986). In those line of cases, courts have found pro sports leagues' entry restrictions were pro-competitive because they encouraged the restricted teams to go out and form a competitive league (for example, a league that could compete against NHL and NBA teams).

If you accept the economic analysis of those cases (albeit, I am not sure that we should), the oldest version of the BCS, which did not have any at large bids, may have actually been pro-competitive under the Rule of Reason, because it induced those football teams excluded from the BCS to create alternative tournaments that might be more desirable to consumers. In addition, I am not sure the six BCS conference schools even have market power (if it is in the market for ticket sales, just look at ticket prices and attendance at second tier Bowl Games. It's not bad).

In fact, without having the economic data at this point to support it, it seems the no. 1 thing that schools like Utah or Toledo could do to create an alternative Bowl System that would be more enticing to consumers would be to get better players than BCS teams. The best way to do that is by agreeing to pay student-athletes. However, these schools have chosen (through a separate conspiracy which they are apart of) not to compete on those terms, and not meet consumer demand.

Hence, schools like Utah and Toledo may need the BCS in a way that they would not if they broke away entirely from the NCAA and its imposed restraints of trade.

I'm curious to hear your counter. If this argument is such a clear dead fish, why is it sure to sink?
Posted By : Marc Edelman

Marc,

The wage issue involves a completely ...

Message posted on : 2009-03-05 - 14:22:00

Marc,

The wage issue involves a completely different product market, and a completely different antitrust injury to a completely different party. So, honestly, I'm struggling with why the wage issue should even be a factor in the analysis.

It seems like you're arguing that there is no injury to competition in a relevant product market because Utah is seeking to join the BCS rather than compete with it (similar to the line of reasoning in the Grizzlies case, which is of dubious validity as it relates to the BCS).

I'm not suggesting that the BCS violates Section 1. I do think there is a very good chance it would survive summary judgment though.
Posted By : Rick Karcher

Rick,

Totally agreed on the surviving summa...

Message posted on : 2009-03-05 - 16:00:00

Rick,

Totally agreed on the surviving summary judgment point.

I look forward to seeing you, Mike, and the rest at Harvard next weekend.

All the best.
Marc
Posted By : Marc Edelman

OK, you lost me there. Since when is punching some...

Message posted on : 2009-03-05 - 23:18:00

OK, you lost me there. Since when is punching someone part of the game of hockey? Is it boxing or is it hockey?? Is it OK then for other sports to take this up too? Maybe tennis players could punch each other too.
Posted By : Anonymous

Can't resist the opportunity to demonstrate what a...

Message posted on : 2009-03-05 - 23:22:00

Can't resist the opportunity to demonstrate what a hypocritical institution UNC actually is.
Anonymous One wrote the received wisdom that Dean Smith would never retire the jersey of a player that didn't graduate because such would not be doing things the right way. Of course, we know that is not truly the case. If you want to see if done right, look eight miles down the road.

From the 2008-09 Duke basketball media guide:

"What distinguishes Duke's
retired jersey players from many other schools is the main criteria.
No jersey will be retired at Duke unless the player has earned his
degree."

In addition to a degree, although there is no official criteria, a player must distinguish himself on a national level with a national player of the year award, a national defensive player of the year, an Olympic gold medal, set a NCAA record or earn All America recognition.

There are 13 jerseys currently hanging in Cameron. Dick Groat was the first to be honored and Shelden Williams (Mr. Candace Parker) and J.J. Redick were the most recent.
Posted By : SportsBiz

Nice article on this topic.

Message posted on : 2009-03-06 - 08:01:00

Nice article on this topic.
Posted By : San Antonio Bankruptcy Attorneys

I think the justification (or lack thereof) for us...

Message posted on : 2009-03-06 - 08:09:00

I think the justification (or lack thereof) for using the less restrictive alternative may vary depending upon the restraint at issue as well as the context and/or industry in which the restraint is being applied. For example, perhaps it has a greater utility in analyzing ancillary restraints, especially in the context of league sports.
Posted By : Rick Karcher

Rickâ€”

Thanks for the comment. It raises an...

Message posted on : 2009-03-06 - 13:40:00

Rickâ€”

Thanks for the comment. It raises an excellent point. Use of the less restrictive alternative may be less problematic when used to analyze ancillary restraints of sports leagues (as opposed to when applied to horizontal or vertical agreements in more traditional industries), but I still believe that the analysis is deceptively difficult, if not impossible. Let me give a quick example. Assuming we can agree on a definition of ancillarity (which I believe presents its own challenges as a threshold issue), let's look at the NFL draft as an example of an ancillary restraint in a sports league (and let's ignore labor exemption issues). Let's assume the NFL has implemented an 8 round draft, and the players challenge that draft as a violation of Section 1 of the Sherman Act. If we apply the less restrictive alternative inquiry, we have to answer two threshold questions. First, what are the procompetitive benefits of the 8 round draft? Second, what are its anticompetitive effects? (Note-- those are precisely the same questions that are asked under the Board of Trade balancing test.). Next, we have to identify the procompetitive benefits of any proposed less restrictive alternatives and compare them to the benefits of the 8 round draft to ensure that the proposed alternative achieves the same procompetitive benefits. Then, we have to identify the anticompetitive effects of any proposed less restrictive alternatives and compare them to the effects of the 8 round draft, to ensure that the procompetitive benefits are being achieved with less harm to competition. In other words, the less restrictive alternative inquiry requires courts to compare the competitive effects of an actual restraint versus the competitive effects of hypothetical restraints. Does a 7 round draft achieve the same benefits of an 8 round draft? What about a 6 round draft? What about a 6 round draft where the playoff teams don't get any picks until the 3rd round? And, what precisely are the anticompetitive effects of these drafts? I don't see how courts can identify relative competitive effects with that type of specificity, and, even if it could, there would (almost) always seem to be a less restrictive alternative.

Gabe
Posted By : Gabe Feldman

I've seen some left wing drivel before, but this t...

Message posted on : 2009-03-06 - 15:45:00

I've seen some left wing drivel before, but this takes the cake. Why didn't the organizers present speakers who could make the case, in a powerful way, FOR free markets? There are no shortage of such folks at the University of Chicago, Stanford, or George Mason. Perhaps the "academics" at Harvard law are afraid of being exposed by their more analytical cousins in the economics department. This conference is nothing more free market bashing. I'm sure Hayek and Friedman (and perhaps Adam Smith) are having a good laugh at this non-sense.
Posted By : Anonymous

Gabe,

Regarding your example, a player or p...

Message posted on : 2009-03-07 - 06:29:00

Gabe,

Regarding your example, a player or players (presumably amateur) would be claiming that a draft (regardless of the number of rounds) constitutes an illegal restraint on trade because it doesn't permit players to freely market their services to all of the teams in the league (whether that draft consists of 4, 6 or 8 rounds). I guess I'm struggling with why players would argue that 6 or 7 rounds instead of 8 would enable the players to compete in a free market for their services. But if they did argue that as a less restrictive alternative, then I definitely see your point.

On the other hand, if these players proposed an alternative to a draft that would allow for a free market for player services and that would still achieve the league's procompetitive purpose of competitive balance as the draft does, then I think it has utility. Perhaps the Mountain West's playoff alternative is more analogous to this situation than a proposal to change the number of draft rounds.
Posted By : Rick Karcher

http://courtoons.wordpress.com/

All his stu...

Message posted on : 2009-03-07 - 09:23:00

http://courtoons.wordpress.com/

All his stuff is pretty funny.
Posted By : Anonymous

Rick--

Owners argue that some form of dra...

Message posted on : 2009-03-08 - 13:37:00

Rick--

Owners argue that some form of draft is necessary to achieve the procompetitive benefit of competitive balance among the teams. So, an amateur player (particularly one not likely to be selected in the first few rounds of a draft) could argue that the competitive balance is achieved by only subjecting the top 30 (or 60, etc.) to the draft, and the allocation of the next 60 players has an insignificant impact on the talent level of the teams. A disgruntled owner could make a similar argument.

Also, I think it's much easier to compare the competitive effects of a 7 round draft versus an 8 round draft than it is to compare the competitive effects of some other completely different alternative versus an 8 round draft. For example, how do we compare the competitive effects of a salary cap or revenue sharing (potential less restrictive alternatives to a draft) versus the competitive effects of a draft? Similarly, how do we compare the competitive effects of Mountain West's proposal versus the BCS system?
Posted By : Gabe Feldman

Enter the URL or the domain name of the Web site i...

Message posted on : 2009-03-08 - 18:07:00

Enter the URL or the domain name of the Web site in the tools
mentioned in the Resources section. Click on the "Calculate" button
and it will display the ranking. This will also allow you to get the
Web page ranking report.
CALCULATE RANKING
Posted By : Anonymous

Gabe,

Conceptually, I understand the point...

Message posted on : 2009-03-09 - 06:58:00

Gabe,

Conceptually, I understand the point you're making with your draft rounds example. But in my opinion, amateur players would not assert that fewer rounds is a less restrictive alternative because it wouldn't do much to eliminate the anticompetitive effects of a draft. For example, players who would have otherwise been drafted in round 7 in an 8 round draft would then be non-drafted free agents in a 6 round draft. Non-drafted free agents have no bargaining power (they get paid less than drafted players), so I don't view a fewer rounds proposal as really eliminating the anticompetitive effect on the players. I also wouldn't consider salary caps and revenue sharing as "alternatives" to an amateur draft rule. [I'm not sure that there is a less restrictive alternative to a draft.]

I don't think the less restrictive alternative inquiry needs to be as complex as you're making it. I don't think it requires a separate step of balancing the net competitive effects of the less restrictive alternative against the net competitive effects of the original restraint (and then determine which one is more procompetitive), as you explained two comments ago. The test is simply, if the less restrictive alternative were imposed, could the underlying purpose or objective of the original restraint (which is what makes the restraint procompetitive to begin with) still be achieved. The Mountain West proposal is interesting because it may just answer that question in the affirmative.

As always, I enjoyed the discussion. You can have the last word.
Posted By : Rick Karcher

lol... nice :)

Message posted on : 2009-03-09 - 13:15:00

lol... nice :)
Posted By : himem

Rick--

I'm not sure I understand your as...

Message posted on : 2009-03-09 - 20:10:00

Rick--

I'm not sure I understand your assertion that non-drafted free agents have no bargaining power. In the current NFL draft, undrafted players have minimal leverage because those players not chosen after 7 rounds are relatively interchangeable. But, if the draft were only 2 rounds, it seems to me that the undrafted players (many of whom would be potential if not likely NFL starters) would have tremendous bargaining power because they would essentially be free agents and have the ability to negotiate with multiple teams.

As for your second point, I think the less restrictive alternative (LRA) inquiry is deceptively complex. By definition, the LRA inquiry is a comparative test, and, while simple to state, is difficult to peform. Using the BCS example, as you note, the test asks if the proposed LRA (the Mountain West proposal) can achieve the procompetitive benefits of the challenged restraint (the BCS) in a less restrictive manner. To make that determination, we first need to identify and quantify the procompetitive benefits of the BCS (which, in itself, is a difficult task). We then need to determine if the Mountain West system can achieve the same procompetitive benefits. That is, we need to compare the procompetitive benefits of the actual BCS system with the procompetitive benefits of the hypothetical Mountain West system. Assuming we can determine that the Mountain West system can achieve the same procompetitive benefits, we then need to determine if it can do so in a less restrictive manner. To make that determination, we first need to identify and quantify the anticompetitive effects of the BCS system. We then need to identify and quantify the anticompetitive effects of the Mountain West system and compare them with the anticompetitive effects of the BCS system. In other words, the LRA not only requires balancing or weighing of competitive effects, but it requires balancing or weighing of actual competitive effects versus hypothetical competitive effects.

Feel free to add another word, or we can continue the discussion at a sports law conference near you...
Posted By : Gabe Feldman

Looks like a great conference. I would love to hea...

Message posted on : 2009-03-09 - 20:14:00

Looks like a great conference. I would love to hear more about the careers in sports section for business and analytic types. Is there a book or website that this first hand information can be found?
Posted By : Anonymous

when is Bonds going to stand trial, or is he? can ...

Message posted on : 2009-03-11 - 14:08:00

when is Bonds going to stand trial, or is he? can he just keep delaying it for years to come?
-Rich @ SportzBuzz
Posted By : 0s0-Pa

Almost sounds like a catch-22 to me, although, I t...

Message posted on : 2009-03-11 - 14:12:00

Almost sounds like a catch-22 to me, although, I think no matter the circumstances, if a Japanese gets offered a bunch of money to play in the states, he's going to find a way to play here.
-Rich @ Sports News
Posted By : 0s0-Pa

Sounds great Michael!

Susan S.

Message posted on : 2009-03-13 - 16:43:00

Sounds great Michael!

Susan S.
Posted By : Anonymous

Thanks for the posting! Hope to see all of you at...

Message posted on : 2009-03-13 - 21:13:00

Thanks for the posting! Hope to see all of you at our event!
Posted By : Jesse Feldman

That's great that they reached a deal. I wish that...

Message posted on : 2009-03-17 - 14:50:00

That's great that they reached a deal. I wish that there was a site that posted all the salaries of these guys, like the way Jobnob.com does for all the other professionals around the country.
Posted By : Salaries at Best Buy

But Rick, it's still a case of images v. names/sta...

Message posted on : 2009-03-18 - 20:14:00

But Rick, it's still a case of images v. names/statistics. I have not seen these new trading cards, but as long as they post images that may be the player's or a lookalike (a la the White v. Samsung case), that points to a traditional right of publicity issue, which trumpts the First Amendment. In MLBAM, there were not images, just names and statistics -- a big step removed.
Posted By : Mark Conrad

@Mark

Isn't the argument that the use of na...

Message posted on : 2009-03-19 - 00:14:00

@Mark

Isn't the argument that the use of names (along with the associated team name, position, and jersey #) is a "likeness" equivalent to that of a picture or image?

- Alex
Posted By : Anonymous

Duke does produce a lot of spot-up shooters and no...

Message posted on : 2009-03-19 - 13:07:00

Duke does produce a lot of spot-up shooters and not very many guys who can go in there and bang like someone such as DeJuan Blair from Pitt can.

The only really true bangers that Duke has had are Elton Brand, Carlos Boozer, and maybe (and I stress maybe) Christian Laettner.

Other than that, they are full of Trajan Langdon's, JJ Redick's, and Jon Scheyer's.

The only person on Duke right now that would see some meaningful time on an NBA roster would be Gerald Henderson, and possibly Kyle Singler, but he's more of a spot-up shooter than anything else, so who knows about him.

Just my 2 cents.
Posted By : Pbenn001

K. Lewis as an respectable CEO claiming that US Ec...

Message posted on : 2009-03-20 - 02:14:00

K. Lewis as an respectable CEO claiming that US Economy will rise at the fullest with the help of different key participants, such as: mortgage lenders , borrowers, regulators, policy makers, appraisers, rating agencies and most specifically the Bank investors and investment bankers. All of these has a intended rule for the sake of US Economy. Bank of America just can't keep itself out of the spotlight, or at least they can't get noticed for anything that seems good. Bank of America has continually spent millions on sports marketing, after massive layoffs and a generous cash advance or two from the taxpayers. CEO Kenneth Lewis defends the practice stating that the sports marketing is a valuable investment worth at least its value (which it doesn't disclose) in revenue and profit. B of A has sunk millions into various sports, such as MLB, the NFL, and NASCAR in sponsorships. B of A executives enjoy perks like preferred seating, tickets, and so forth. It seems that nothing can get Bank of America good press.
Posted By : Irene

So it looks like Hill would have been better off a...

Message posted on : 2009-03-20 - 12:51:00

So it looks like Hill would have been better off accepting some type of deal rather than pushing to arbitration since reaching a deal would have guaranteed him the salary but the team could cut him with the arbitration award. Didn't the same thing happen to Todd Walker a couple of years ago? Might teams start trying to use this as some type of leverage ploy in negotiations?
Posted By : Anonymous

Yes, Todd Walker did go to arbitration in 2007 wit...

Message posted on : 2009-03-21 - 20:52:00

Yes, Todd Walker did go to arbitration in 2007 with the San Diego Padres. Walker's 2006 salary was $2,500,000. He asked for a raise to $3,950,000 while the Padres offered $2,750,000. Walker had been traded by the Cubs to the Padres in July 2006, and he was granted free agency in October. He was resigned by the Padres in December and offered and accepted arbitration. After beating the Padres in arbitration, he was released late in spring training after the Padres signed Marcus Giles to complete their starting infield for a season where they stayed in the West pennant/wild card race until the end before finishing as the odd team out. The Padres were still forced to pay Walker $971,311 in termination pay. Walker managed to get a deal from the Oakland A's for $450,000, but he was released in May, and his major league career was over.

So, yes, it does appear that there are times when the whole strategy falls apart for a player after winning an arbitration hearing.

I think these two cases are a bit different because Walker was 34 years old and in his twelfth year in the majors. At the salary he was awarded he needed to be projected as a significant contributor to the Padres in 2007. Whether or not he would have helped them at second more than Giles who hit only .229 in 116 games that year is the kind of debate that can make all of this analysis and reanalysis interesting. Giles was released after the 2007 season by the Padres. He signed a minor league deal with the Rockies but was also released during spring training. Giles is trying to get back into the big leagues with the Phillies. In 15 games this spring he has only 5 hits in 32 ABs.

Hill was fighting for a spot as the fifth starter. If he had been healthy, I think that his $775,000 salary would have a good deal for the Nationals. However, they either decided that they could not wait any longer to see if he was going to be healthy or were only willing to bet $500,000 on that possibility. Keep in mind that they have to pay everyone on the roster the league minimum of $400,000. The other factor here that is tough to figure out is how the resignation of general manager Jim Bowden impacted this move.

I think that teams and agents try all kinds of ways to create leverage during negotiations. The basic fact that teams often get rid of players who go to arbitration hearings should not be lost on most players and their agents.
Posted By : Ed Edmonds

Isn't this one of the reasons that Varitek said th...

Message posted on : 2009-03-22 - 14:54:00

Isn't this one of the reasons that Varitek said that he declined arbitration. Assuming his arbitration salary award would have been a minimum of $8 million, isn't there a very real risk that he could be released.

You see it when guys get nontendered all the time when they will be making more than they are really worth (see Giles with the Braves, see Eckstein with the Angels). Why wouldn't the same apply with an arbitration award that the team deems "excessive." Say the Padres valued Walker at 2.9 Million but would rather go with a "cheaper" alternative if the price were to reach 3.9 Million, why not make that clear to Walker at the outset and try to use that as leverage?
Posted By : Anonymous

SUNDAY 10:03am: Richard Griffin of the Toronto Sta...

Message posted on : 2009-03-22 - 17:36:00

SUNDAY 10:03am: Richard Griffin of the Toronto Star says the Jays are expecting to sign Shawn Hill as soon as he clears waivers. Griffin has a quote from J.P. Ricciardi:

"'We wouldn't be signing him to come in here and make the major-league staff," Jays GM J.P. Ricciardi said. 'We'd have to get him up to speed, kind of like (former major-leaguer) Wade Miller (currently in minor-league camp). We're just trying to get as many arms as we can in here. We know the young kids are going to struggle. ... We're trying to put them in spots they might not be ready for. We get some veteran guys here and they can hold the fort down. ... It gives us enough experience where we can just ease them in as opposed to throwing them in.'"
Posted By : Pbenn001

The Padres did sign Marcus Giles for $3,250,000 fo...

Message posted on : 2009-03-22 - 18:14:00

The Padres did sign Marcus Giles for $3,250,000 for 2007. With the payment to rid themselves of Walker, they ended up paying over $3,950,000. I would say that they better approach instead of trying to use "leverage" after an exchange of numbers would have been to not offer arbitration at all. That is what the Braves did with Marcus Giles because they knew that his arbitration award would have been more than they wanted to pay. I am sure that Walker realized that he took a risk. However, when the Padres offered Walker arbitration and he wanted to play in San Diego, he agreed to arbitration. He could have taken the approach that Varitek took and worked out a deal that appears to be to the liking of the Red Sox. The panel agreed with Walker so they felt that the figure offered by the Padres was too low based on the midpoint. Walker could also have filed a bit of a lower number. Once the Padres figured out that Giles was available, I guess that they started to look at other possibilities. In the long run, I think if they were pegging a certain figure for second base, they ended up overpaying for the results that they ended up with.
Posted By : Ed Edmonds

Hi Nice Blog.SoberRecovery & SoberRecovery Com...

Message posted on : 2009-03-23 - 02:17:00

Hi Nice Blog.SoberRecovery & SoberRecovery Community Forums lists hundreds of drug and alcohol treatment centers, drug addiction treatment and alcoholism treatment resources in the U.S.
Posted By : Anonymous

Very nice blog..

Message posted on : 2009-03-23 - 03:36:00

Very nice blog..
Posted By : tnomeralc web design toys

If you guys ever get down here to Miami, we'd love...

Message posted on : 2009-03-23 - 08:27:00

If you guys ever get down here to Miami, we'd love to have you.
Posted By : Pbenn001

According to Chico Harlan of the Washington Post, ...

Message posted on : 2009-03-24 - 13:19:00

According to Chico Harlan of the Washington Post, the Padres signed pitcher Shawn Hill to a minor league deal. Hill was released by the Nationals on Wednesday and also drew interest from the Blue Jays. San Diego is a great match, as he'll presumably have a rotation spot if healthy. A bonus for the Padres: they'll have the chance to keep Hill under team control through 2012 as an arbitration-eligible player.
Posted By : Pbenn001

I completely agree. The deal that the Marlins sign...

Message posted on : 2009-03-26 - 12:24:00

I completely agree. The deal that the Marlins signed is totally going to leave Miami-Dade County asking "what happened?"

However, it's really hard for me to have much sympathy for MD County as they had the opportunity to vote this down, but their misplaced reasons for wanting an MLB team blinded them

They should have just let the team leave. The city of Miami would be much better off in the long run than spending all of this money on a team who will - even with a new stadium - still only sell out half of the stadium.
Posted By : Pbenn001

This is bad, but it may not be quite as bad as the...

Message posted on : 2009-03-26 - 14:22:00

This is bad, but it may not be quite as bad as the Nationals stadium deal, which called for the team to contribute only $20 million plus annual rent toward the $690 million project while receiving virtually 100% of all stadium revenues and naming rights. The only other thing the team pays is rent, and the city only gets about a dozen dates where it can use the stadium for its own events.

The Nats deal could be better in that the stadium was placed in a neighborhood that would benefit from the stadium activity. But you may never again see a stadium that was virtually 100% financed by a single municipality.
Posted By : Tim

You say, For those interested in reading my ful...

Message posted on : 2009-03-26 - 15:36:00

You say, For those interested in reading my full column at Above the Law...

No thanks. Just reading this makes me too upset to read any more. These public funding deals are an embarrassment.
Posted By : Anonymous

Salary caps in sports are for people who are tryin...

Message posted on : 2009-03-30 - 08:06:00

Salary caps in sports are for people who are trying to mask their inability to judge players's skills or manage their own budget.

If you really need it, you don't need restrictions on playersâ€”you need better management.
Posted By : Ken Houghton

This is a very interesting development. I am not ...

Message posted on : 2009-03-30 - 08:57:00

This is a very interesting development. I am not sure that the UEFA could actually implement salary cap without at least some risk of violating Article 81 of the EC Treaty (similar to Section 1 of the Sherman Act).

Does anyone know the UEFA legal argument? Non-statutory labor exemption? 81(3) block exemption? Public policy exception?

If any of European readers have either case precedent or a law review article on this topic, I would be most interested to see.
Posted By : Marc Edelman

Without going too much into detail: the UEFA alway...

Message posted on : 2009-03-30 - 09:31:00

Without going too much into detail: the UEFA always brings up the argument that free economic competition as provided by the EC treaty cannot be applied to soccer without taking the specificity of soccer into account. The European Parliament has in its white paper on sport recognised this specificity but this without really explaining in depth how this specificity could or should be interpreted.

I am not aware of any legal writing which goes into detail on a possible violation of the EC treaty by the introduction of a salary cap. If you are interested, I am always prepared to do some research on this. Just send me an e-mail if you want further information.
Posted By : Stijn Francis

Stijin:

I would never ask you to do researc...

Message posted on : 2009-03-30 - 11:24:00

Stijin:

I would never ask you to do research on my behalf, however, if you decide to delve into this issue, I would be delighted to share your learning. I am a professor of sports law at Rutgers School of Law. My emails are MarcEdelman@aol.com and MarcEdel@camlaw.rutgers.edu

Also, just out of curiosity, do you know if the particular European Parliament white paper that you are referencing mentions other sports beyond soccer.

I have a paper coming out soon in the Northwestern Journal of International Law & Business that will address competition law concerns under articles 39 and 81 surrounding an NBA/NFL expansion into Europe. Therefore, this is all very relevant to me, even if there are few others in the States that have considered these issues.
Posted By : Marc Edelman

Very topical subject at the moment. Salary caps ha...

Message posted on : 2009-03-30 - 11:46:00

Very topical subject at the moment. Salary caps have been on the agenda for a while but I believe it will be a tough ask before UEFA can enforce it without some very stern challenge. There are obvious competitive restraints here and I don't think European Courts are going to accept broad notions of procompetitiveness or the specificity of sport.

The fact remains that caps on their own may be disproportionate, because they simply do not address basic governance issues (the real problem here). Why should we restrict club spending and pontential earning power if all that is truly required to attain economic survival is good principles of corporate governance and the necessary supervision that should go with it?

In addition, it is akward that everyone keeps bringing back the american example. The european model is a far cry from the american model and caps in the US are part of a much larger and developed framework. One of the most striking features is that american sports have lots of rules in place to ensure a greater level of revenue sharing. This means that clubs have comparable spending ability and consequently caps are not a feature that brings further imbalance to the gap between "rich and poor". In Europe, revenue sharing is still a proposition (rather than an achievement) and caps will most certainly have the same economic effect of bosman: concentrate richness in the more skilful players (something that UEFA also wants to curb down...).

The one model UEFA should actually analyse is the salary cap in the English rugby premiership (similar sporting structure). But still, will caps stand on their own and pass the proportionality test?

I personally doubt it.
Posted By : LCN

LCN,

I very much agree with your point of v...

Message posted on : 2009-03-30 - 12:45:00

LCN,

I very much agree with your point of view. In my opinion, within a couple of years the EU and UEFA will have to face the following dilemma: either accepting that European soccer (and sports in general) at a professional level is subject to all EU regulations or recognizing that European soccer does not at all fall within the scope of the EU regulations because of its specifity. Perhaps case law could give us soon a first indication of the direction we will be going to.
Posted By : Stijn Francis

I hate the idea of publicly funding private busine...

Message posted on : 2009-03-30 - 17:17:00

I hate the idea of publicly funding private businesses... especially profitable ones!

Dave

California Apartments
Posted By : Anonymous

The link to Above The Law does not work for me. I...

Message posted on : 2009-03-30 - 18:34:00

The link to Above The Law does not work for me. I believe the proper link should be: http://www.abovethelaw.com/2009/03/sports_and_the_law_a_ballpark.php
Posted By : Devin Black

Nice pick of blog. Regarding age limits, it seems ...

Message posted on : 2009-03-31 - 00:58:00

Nice pick of blog. Regarding age limits, it seems that it is to lessen the population of NBA. litigation counsel would probably be also discussing things like that in order to give suggestions regarding the topic AGE limit in NBA.
Posted By : Rader

Hi Nice Blog.SoberRecovery & SoberRecovery Com...

Message posted on : 2009-03-31 - 03:06:00

Hi Nice Blog.SoberRecovery & SoberRecovery Community Forums lists hundreds of drug and alcohol treatmentcenters, drug addiction treatment and alcoholism treatment resources in the U.S.
Posted By : Anonymous

The Browns have a history of players with attitude...

Message posted on : 2009-04-02 - 01:38:00

The Browns have a history of players with attitude problems... so sad for a once proud franchise to be reduced to this...
Posted By : bucky lasek

I don't feel sorry for Mr. Stallworth. He has had...

Message posted on : 2009-04-02 - 09:29:00

I don't feel sorry for Mr. Stallworth. He has had a blessed life. Wealth should not be a barrier to receiving equal punishment under the law. The first thing that he dis after being arrested was to hire a white attorney. Now as a black man he has alienated two racial groups, the hispanics and blacks.
Posted By : Anonymous

I love how most arguments for NASCAR being a sport...

Message posted on : 2009-04-04 - 20:58:00

I love how most arguments for NASCAR being a sport involve insulting other people's opinions, little to no facts, or very poor examples on how it can be a sport. This shows that even the people that watch NASCAR are insecure about the question itself. It's funny, really. Let me ask this. To all NASCAR fans: What do you lose if NASCAR is not a sport? If you can come up with a good and valid argument, I will be stunned. In advance, I will tell you what I would lose if NASCAR is considered a sport. I lose about 30 - 50 seconds of my life every time I watch Sports Center to listen to an update about some popular wife beating sport had to be canceled due to rain. Add that over the course of my life and it could eventually add up into years. NASCAR is not a sport so deal with it.
Posted By : Anonymous

Stijn,

This is a little off the current top...

Message posted on : 2009-04-06 - 13:50:00

Stijn,

This is a little off the current topic, but what about the FIFA 6+5 rule and the EC Treaty? I don't know much about how the labor laws in the EU work, so what is the legal impact of the 6+5 rule when it comes to labor rights?

Interestingly, the USA league, Major League Soccer, has a limit on the number of international players that are permitted to be on the club's roster, but given the U.S. laws regarding sports leagues, the limit on international players never seemed to be really questioned form a legal standpoint.

Does Michel Platini support the 6+5 rule and what is UEFA's argument in favor of that restriction?
Posted By : Matt Johnston

Perhaps even more disturbing is the notion that...

Message posted on : 2009-04-07 - 04:49:00

Perhaps even more disturbing is the notion that Connecticut presumably did not have to do this to succeed. Its basketball program is one the most successful in the entire country, one to which top recruits would presumably flock in exchange for a valuable college degree. Did Connecticut correctly think that it would take â€œsomething extraâ€� to get the best young basketball players to enroll?

Another possibility - indeed, one that makes this notion all the more disturbing - is that UConn broke the rules simply because they could - that is, because they believed the NCAA wouldn't dare take any meaningful action against one of its marquee basketball programs (read: "cash cows"). See also Miami (FL)'s football program during their years as a major powerhouse; they too were widely suspected of rampant and systemic cheating, tolerance of player misconduct and a host of other transgressions for years during the 1980s and '90s, yet it took a Pell Grant scandal of epic proportions in 1995 (the same event that prompted SI's infamous cover story urging Miami to drop its football program) to finally force the NCAA's hand.

Now, if UConn hoops really did believe their elite status protected them from NCAA sanction, I'm not sure which party deserves more of our scorn and ridicule - UConn for cheating, or the NCAA for giving Uconn (however unwittingly) reason to believe they could get away with it.
Posted By : Joshua

I played in the tourny, and specifically played Ap...

Message posted on : 2009-04-09 - 19:55:00

I played in the tourny, and specifically played Appalachian State. Everyone had a great time. And that team can REALLLLY hit. Those were some big boys.
Posted By : Tim

Baseball is great sport. It is most popular in all...

Message posted on : 2009-04-10 - 04:22:00

Baseball is great sport. It is most popular in all over world.It is nice article. It is memorable article..
Houston Astros tickets
Posted By : Houston

Here is what I do not understand...

If the ...

Message posted on : 2009-04-10 - 17:49:00

Here is what I do not understand...

If the legislature grabs The Preakness but not Laurel Racecourse or Pimlico Racecourse too, then where might they propose to run the race?

One of the bidders at the moment for both racetracks does not want to own the tracks; he wants to tear them down and develop the land.

So, if the State owns the Preakess race but there are no tracks in the state (please don't suggest Timonium; not a single owner/trainer of a Triple Crown quality horse would allow their steed to race on that cobblestone track), where would they hold The Preakness?

Oh, by the way, the idea that the State of Maryland could run a pair of racetracks efficiently and effectively is simply preposterous...
Posted By : The Sports Curmudgeon

The Preakness is in danger of being moved to Texas...

Message posted on : 2009-04-11 - 12:44:00

The Preakness is in danger of being moved to Texas, although I cannot remember the name of the track.
Posted By : Wheell

The case was decided using DC law, not CA law. How...

Message posted on : 2009-04-11 - 13:54:00

The case was decided using DC law, not CA law. How does DC law differ on the fiduciary duty issue?
Posted By : Erin

Where did you get this?

"Yet Calhoun still ...

Message posted on : 2009-04-13 - 14:14:00

Where did you get this?

"Yet Calhoun still won't distance himself from Nochimson. There is ample evidence to suggest UConn continued using Nochimson even after Hamilton accused him of stealing all that money."

There is NO evidence to support that claim. Richard Hamilton is a great loved member of the UConn player fraternity. Do you really think Calhoun would support a slug who stole a whole lot of money from him? Hamilton came forward in June of 2008. The Miles stuff, allegedly, happened from 2006-2008.
Nochimson STOLE money to nudge himself into the sludgebucket status of AGENT. Unbelievable that you think this was all UConn directing Nochimson to recruit kids. And, that Calhoun would support him after larceny ...

Watch the UConn past players rally around Calhoun. That's all you need to know.

Tim White
Saratoga Springs, NY
Posted By : Pudge

One quick followup question here... don't know if ...

Message posted on : 2009-04-13 - 23:31:00

One quick followup question here... don't know if you would know the answer.... I was approached to do a photo shoot for a client (in SoCal) that would show two 'fans' cheering - one in a maroon shirt and one in a 'gold' shirt. Obviously the intent is to infer these two are fans of USC without using either the name or trademarks of the school.

Would this be infringing based upon the ruling in this case?

Would selling these images as stock photography also be considered infringing?
Posted By : Anonymous

It seems to me that this blog post is taking the f...

Message posted on : 2009-04-15 - 12:25:00

It seems to me that this blog post is taking the facts gathered by the player survey and reaching a conclusion that is not easily ascertained by the actual results of the survey.

For instance, Cummings states that the results show, "African American head coaches relate in genuine ways to the modern athlete and take the mentoring role very seriously." I do not see, from the survey results, where this is mentioned or comes into play. I suppose you could point to the fact that 4 of the top 5 choices among African American athletes are African Americans. However, of those four choices, two of them also were chosen by white players in their top 5. Does this speak to the mentoring role of the African American coach or does it simply tell us players want to win and would prefer a coach who has shown the ability to win and is also known as a "players" coach.

In fact, when you look at the survey results, Rhoden even points out that "all players agreed on the top 10 most desirable head coaches." Thus, at the end of the day all players, this would include both African American and white players, agree on the SAME TOP 10 coaches they would play for. Then, these "subtle differences" as Rhoden calls them get turned into this all encompassing executive decision on behalf of African American football players. One would think that if there were "genuine" issues here involving the difference amongst coaches based on their race, there would be more of a discrepancy in the results.
Posted By : Anonymous

And, right on schedule, Isiah donated his entire s...

Message posted on : 2009-04-15 - 13:17:00

And, right on schedule, Isiah donated his entire salary right back to the university.

OK, so maybe that didn't make you feel stupid enough. If not, try and count all of the coaches that were good in college and abysmal in the NBA. I imagine you've run out of fingers by now. I think Isiah is as likely as anyone else to fit that category.

Stick to the "law" part of sports law, please.
Posted By : Anonymous

First off College Coaching is a lot easier than co...

Message posted on : 2009-04-15 - 13:36:00

First off College Coaching is a lot easier than coaching in the Pro's.

Isiah might have more pull than you think with the younger players - he's made a couple of instructional DVD's. And while his NBA experience has been awful - it's still NBA experience which is more than many college coaches. He can flash his NBA championship ring, his NCAA championship ring, and if the kids aren't impressed, the Fathers and "uncles" will be.

And his drafts have been above average. His trades were lousy.
Posted By : Michael

Anonymous (and why is it that the commenters who t...

Message posted on : 2009-04-15 - 15:56:00

Anonymous (and why is it that the commenters who throw around personal insults and suggestions never seem to give their names): He did an incredibly classy act; I give him credit for it. Had I known he was going to do this at 7:30 a.m. this morning, when i wrote the post, I would have included it in the post and complimented him for it. 20/20 hindsight brilliance is quite impressive, unless anyone anyone predicted he was going to do this. More important, standing alone, that does not necessarily disprove anything I wrote (other than being a counter piece of character evidence balanced against that whole sexual harasser thing).

It tells me nothing about his salary the year(s) after next, when, according to everything we have been told, schools and departments at FIU still will be lopping off 3-7% of their budgets. So the university still may be spending money it does not have or spending money while it is gutting academic programs.

At the very least, there is a perception problem--we get a stream of e-mails from the administration telling us about how tight money is and how the school has to tighten its belt, yada, yada. Now we have a basketball coach who, at least in future years, is probably going to be quite expensive. Unless, of course, he is going to coach for free every year until the recession ends.

It also tells me nothing about whether he will be any good as a coach. You tell me to try to count all the coaches who were good in college and abysmal in the NBA. Well, how many of those *started* in the NBA, failed, then went to college and found success there? Rick Pitino, PJ Carlesimo, Mike Montgomery, Tim Floyd, etc., etc. -- all were moderately-to-highly successful college coaches who tried the NBA and failed. But the hiring school in every case could say "well, he had some success his first time in college, so we have something to go on." FIU hired Thomas only able to say that in every non-playing thing he had done--GM, owner, coach, league operator--he had, at best, done "eh" and at worst failed miserably.

Now, maybe Michael is right and his player evaluation skills will be good enough. And I acknowledged in the original post that his drafts were OK. But (no pun intended) the jury remains out.

Oh, and Anonymous: In telling me to stick to the "law" part, are you trying to say that I was the *only person* doubting/criticizing this move this morning? Should *everyone* stick to law?
Posted By : Howard Wasserman

I don't think the survey data holds the weight it ...

Message posted on : 2009-04-15 - 17:09:00

I don't think the survey data holds the weight it is purported to. Looking at that, those are some of the better coaches in the NFL. Of course players want to play for them. Who doesn't want to play for a winner?

On the other hand, it does show the African Americans are successful as coaches. Thought, I do not ever recall hearing someone say that African Americans as a whole would not make it as coaches. Then again, I do not make it a point to hang out in racist safe-harbors

I like the article, and agree with the point. That is, something has obviously gone very wrong in the system of hiring for pro-sport head coaches. I have no solution to the problem, and until the day that race is no longer an issue; the only thing most of us can do is stand in solidarity against hatred.
Posted By : Anonymous

It is still a bad deal whatever the factors becaus...

Message posted on : 2009-04-15 - 17:55:00

It is still a bad deal whatever the factors because the simple fact is that it is highly likely that Wakefield could have gotten what he wanted (finishing his career with the Red Sox) and gotten paid more to do it. Even simply getting arbitration each year would have paid him significantly more.
Posted By : Anonymous

I think the problem with these types of cases is t...

Message posted on : 2009-04-16 - 07:06:00

I think the problem with these types of cases is the difficult factual determination of whether the fan was dismissed because he wasn't acting patriotic or was it really because he had a few beers and got belligerent with a cop? I think the cards are stacked against the fan in trying to convince a judge or jury that it's not the latter.
Posted By : Rick Karcher

why not choose a coach based upon the content of o...

Message posted on : 2009-04-16 - 07:52:00

why not choose a coach based upon the content of one's character rather than the color of one's skin?
Posted By : Anonymous

And that's already the way the NYPD is pitching th...

Message posted on : 2009-04-16 - 07:58:00

And that's already the way the NYPD is pitching this--he was standing on his seat and loudly screaming, then got belligerent with the cop, all while reeking of alcohol. What is interesting here is that the plaintiff was at the game with a friend who is a season-ticket holder, who knows and talks with the other season-ticket holders around him, all of whom can testify that this is not what happened.
Posted By : Howard Wasserman

My main concern is that FIU has just picked someon...

Message posted on : 2009-04-16 - 10:51:00

My main concern is that FIU has just picked someone to lead their young student athletes who was sued and lost in his last job for serious sexual harassment. Is this the kind of leader and/or role model that we want for the FIU students athletes?

Add that to the fact that Isiah has not been successful as a coach, leader or manager since he stopped being a player 15 years ago.

I think FIU is hoping that his name recognition brings in recruits that wouldn't normally come to the school. However, I believe that this puts recruiting over a quality coach, leader and mentor.
Posted By : Dan O'Connor

As a student at MC Law and a member in the Sports ...

Message posted on : 2009-04-16 - 11:45:00

As a student at MC Law and a member in the Sports and Entertainment Law Society at MC Law, I would like to be first to thank Professor McCann for taking time to come speak to our school.
Posted By : Edwin

Oh boy: http://www.ncaa.org/wps/ncaa?ContentID=487...

Message posted on : 2009-04-16 - 17:26:00

Oh boy: http://www.ncaa.org/wps/ncaa?ContentID=48711
Posted By : Anonymous

Edwin, thanks for your kind words. I enjoyed toda...

Message posted on : 2009-04-16 - 18:43:00

Edwin, thanks for your kind words. I enjoyed today's event and appreciate the excellent turnout. I look forward to teaching the sports law class at MC Law next month.
Posted By : Michael McCann

Nice catch 4/16. The NCAA seems to share my view ...

Message posted on : 2009-04-17 - 07:35:00

Nice catch 4/16. The NCAA seems to share my view that Paulus would NOT be eligible to play at Michigan, unless granted a waiver. That is contrary to how most of the media have been interpreting his eligibility!
Posted By : Geoffrey Rapp

Yes. While the media is all hyped up about this su...

Message posted on : 2009-04-17 - 09:26:00

Yes. While the media is all hyped up about this supposed Paulus transfer, the NCAA hid in a little press release that, hmmm, maybe if Paulus' motives are not education-driven that, well, gee, we might not grant the transfer! We shall see, and it will be interesting to see how the NCAA handles this one. They are in a no-win situation here from a PR perspective.
Posted By : Anonymous

I agree with PBenn. Rediculous what kind of expec...

Message posted on : 2009-04-17 - 11:16:00

I agree with PBenn. Rediculous what kind of expectations they have. How can they expect a teenager to leave his contract negotiations to his/her parents and his/herself. They should revise the interprtation of the rule to allow for agent/attorneys to fully participate in negotiations on an individually hired basis. The NCAA's main concern is that they don't taint the amateur status. I don't see the problem if a player compensates a represntative via a contigency for services rendured. Aquiring the services of an attorney for the purposes of contract negotiation in no way results in the player being compensated for playing while enrolled in a college.
Posted By : Joseph

Thanks, Jay, I appreciate that.

Message posted on : 2009-04-17 - 13:23:00

Thanks, Jay, I appreciate that.
Posted By : Michael McCann

I love it! It's like a game of chicken. What is th...

Message posted on : 2009-04-17 - 19:47:00

I love it! It's like a game of chicken. What is the NCAA going to do? Stand by the spirit of its rules and deny him the transfer? Allow the transfer and go down the road of demonstrating that there are double standards in its interpretation of bylaws (Major D-1 schools getting preferential treatment)? Attempt to show that Paulus' transfer was not really motivated by "education" at all and deny the transfer? Showdown near Mo-town. Love it....
Posted By : Anonymous

Not surprising of course. But its not Thomas its T...

Message posted on : 2009-04-18 - 10:38:00

Not surprising of course. But its not Thomas its Thompson, so its a different guy, right? Any way, he's the men's coach not women's so he should be fine.
Posted By : Anonymous

Um, was Thomas coaching the New York Liberty of th...

Message posted on : 2009-04-18 - 14:37:00

Um, was Thomas coaching the New York Liberty of the WNBA? You really think he is not going to come into contact with any women in the course of his job at a university?
Posted By : Howard Wasserman

So he does, so he doesn't come into contact with w...

Message posted on : 2009-04-18 - 14:41:00

So he does, so he doesn't come into contact with women. Does he have leprosy? Don't you believe in second chances? Anyway, please change the heading of your comment: its "faculty". Thanks.
Posted By : Anonymous

Thanks for worrying about the really important stu...

Message posted on : 2009-04-18 - 16:43:00

Thanks for worrying about the really important stuff.
Posted By : Howard Wasserman

Look: to be brutally honest, we all know you are e...

Message posted on : 2009-04-18 - 18:24:00

Look: to be brutally honest, we all know you are entitled to your opinion, Howard, and I too am surprised that this story of protest was not pursued. You're right: it all happened so fast. But do you believe in freedom of contract? It appears not. FIU apparently does. Thomas did not commit a crime. Sure, this hire is controversial, but FIU is in the news! Why don't you mention something positive about the hiring rather than just cut him down at the knees. Sure it could come back to haunt FIU, but that is their issue to deal with. It seems you are focusing more on supporting the women's studies program's march to protest Thomas rather than giving him at least a chance. Have you read his contract? Analyzing that would surely be a positive approach to tie it in to sport law.
Posted By : Anonymous

The man made a mistake. Maybe the Director of Wome...

Message posted on : 2009-04-18 - 18:49:00

The man made a mistake. Maybe the Director of Women's Studies could take a minute and come down from her ivory tower. (Insert rolling eyes)
Posted By : Pbenn001

What about the other things he's done for the comm...

Message posted on : 2009-04-19 - 03:57:00

What about the other things he's done for the community the numerous donations,helping kids stay off drugs,the positive speeches and trying to be a good role model which is very hard when your in the news all the time.
Being voted one of the 50 greatest
basketball players in history,voted to the basketball hall of fame,graduating with a law degree all the while taking care of his family, brothers and their families and his Mother
his wife and children so that they could have a better life,not too mention growing up very poor not having food to eat sometimes but pull himself up by his boot straps and making something out of himself, yea he's a bit rough around the edges but look around he's not the only one, he never hit a woman and I think that's more a serious crime.
There are more people around you who have done worse but because their not in the lime light
you don't here of them I believe the man made a mistake and which of us have not, and all we want is to make up for it,from what I seen of him he's done more good than bad
in his life.

Lets all hope that you do not do anything wrong and feel bad about it and all you want to do is make up for it and move on with your life.
Posted By : Anonymous

"I have an interest in what the university does an...

Message posted on : 2009-04-19 - 08:59:00

"I have an interest in what the university does and the consequences (financial, reputational) it has, good and bad"--Actually you don't, Howard. Nor did/do the faculty at Indiana. Nor do the faculty anywhere in major college sports. You are simply not happy with the hire and you are getting your personal views in the way of a business decision that you simply had no part of whatsoever! It would be better (and you would be more credible) if you acted more professorial by giving argument on both sides rather than acting as an advocate, Howard. You are an academic, not the general counsel for FIU. Many contributors to this blog like yourself present such extreme viewpoints on subject matters (oh, Clarett's eternal victim-hood come to mind) that you lose credibility. Then, when someone challenges you, you lash out at them. Just think about it, Bro. Remember: present both sides...
Posted By : Anonymous

Anonymous, Your argument seems to boil down to th...

Message posted on : 2009-04-19 - 11:23:00

Anonymous,

Your argument seems to boil down to the fact that you disagree with Howard's view on the Isiah Thomas hiring and you believe he should acknowledge other viewpoints in his blog posts.

Why? This is a blog. We are not a news agency, nor are we in a classroom, and nor are we offering our posts as equivalent to magazine articles, law review articles, or books. There are not, in my view, expectations that we write blog entries in ways that are devoid of advocacy or that equally acknowledge every possible or credible viewpoint.

Along those lines, you seem to equate acting "professorial" with arguing both sides in a blog post. I don't agree. In my view, the forum of a blog does not require "both sides" analysis. If this were a classroom or a law review article, fine, I would see your point. But as I see blogs, and as I think others see blogs, they are informal devices to communicate opinions and analysis. Plus, individuals like yourself can challenge us in the comments section -- that's one of the reasons why we invite (and allow) comments.

I see no problem with you disagreeing with Howard's opinion on the Thomas hiring, it's certainly a debatable topic. But to assert that he HAS to rewrite his blog posts to address other viewpoints seems uncalled for.
Posted By : Michael McCann

I share Howard's concerns. In the past, I can thin...

Message posted on : 2009-04-19 - 15:27:00

I share Howard's concerns. In the past, I can think of schools who have hired "name" coaches as quick fixes and publicity stunts, disregarding the consequences of that case. I know of one school hired an ex-NBA coach, and it ended up buying the rest of his contract, eating a fair proportion of his inflated salary.

Thomas had a poor track record, even before coming to the Knicks. He purchased and Continental Basketball Association and druing his watch, it was driven into bankruptcy. His tenure as coach of the Indiana Pacers was less than glorious, and of course, nothing more need be said about his time in New York.

FIU will renumerate him rather handsomely, at a time when in colleges and universities throughout the country have been forced to freeze salaries, lay off faculty and administrators and increase class sizes. Howard knows the situation at FIU better than I do, but I can't imagine that it is financial nirvana.

Of course, the school has a right to contract wiht anyone they wish. But in this climate, with this coach, faculty members are justified in expressing their anger. And Howard has every right to state his case in his blog.
Posted By : Mark Conrad

First: Don't confuse "interest" with "influence." ...

Message posted on : 2009-04-19 - 15:45:00

First: Don't confuse "interest" with "influence." I do have a vested interest (a stake, if you will) in the hire, just as I have an interest in who FIU hires as President or Provost or dean of the college of law (all decisions that are about to be made, over which I have little or no real influence). All those decisions affect the functioning, reputation, and success of this university (and thus my college within the University). This, in turn, affects my ability to perform my job as a scholar and teacher, to work at a law school that attracts good students, to put food on the table and pay for my daughter's education, and, ultimately, to be happy and content in a significant aspect of my life.

Does that mean I have "influence" over the decision to hire Thomas? Of course not. You are right that I had no part in the decision (obviously) and I never have suggested otherwise. All the more reason for me to take advantage of the forum I do have to criticize that decision.

Second, I will go half-way on Mike's point about blogs. In some blog posts I (and, I imagine, my co-bloggers) do act on an obligation to present both sides--such as a post conducting legal analysis of a new case or story. Although note that, even if I present both sides, I still can (indeed must) reach a conclusion on the matter and stick by it. Other posts, such as this one, I view as straight-up opinion pieces, to which different rules apply.

Third, Mike is correct: You have done a very good job in the comments forum of presenting the arguments in favor of this hire. I am not convinced, but neither are you convinced by anything I have written. So maybe we have to agree to disagree. As to why I am not convinced: None of the evidence you point to gets past the fact that there is nothing in Thomas' 15-year record as a coach, administrator, and personnel manager to indicate that he will be any good at this job. Again, we can take Anita Brown entirely out of the equation--that ultimately does little more than create PR problems, make us look a bit silly nationally, and a bit insensitive to some faculty and students. Just focusing on what Thomas has done other than as a player--there is no good reason to give him this job.

I also do not find persuasive some of the points you have made, such as the argument that whatever he did that was bad in the past can be overlooked because he could have done something much worse (i.e., we can look past sexual harassment because he never hit a woman) or because other people have done much worse (I don't want them as the basketball coach at my university, either).

But, as I have said repeatedly, I am happy to be proven wrong when/if Thomas turns FIU into a successful mid-major program (or even better). But that is only going to happen over the course of a couple of years, based on what happens on the court, not on anything written in the comments section of Sports Law Blog.

Finally, I regret that you have perceived this exchange as my "lash[ing] out" at you. The only thing I saw as coming close was an early exchange when you (somewhat snarkily, or so I perceived) pointed out a typo in the title and I (equally snarkily) thanked you for worrying about the important stuff. That was an unfortunate exchange. I am sorry you see the rest of this interaction as my lashing out.
Posted By : Howard Wasserman

Howard has every right to express his opinion on t...

Message posted on : 2009-04-19 - 19:10:00

Howard has every right to express his opinion on this blog and so does Michael M. and Mark C. and Anonymous. Putting your name out there on this or any other blog really takes some guts anyway--no doubt there will those who agree and those who disagree. While I feel that there should be a limit on the number of times the use of the word "snark" can be used in this section, it is quite clear that Thomas does NOT have a good track record at all, especially recently. He IS controversial. Why would the President, Athletic Director and General Counsel at FIU hire the guy? Unless they address the issue, we can only speculate. Will he succeed? We can only guess. Are sexual harassment issues addressed in his contract? Don't know, might be a good idea. But, seriously, to give the Women's Studies program any say, power or authority in this matter (other than in this blog or the student newspaper) is a bit ridiculous, don't you think? Is their department unified in this? Anyway, are there other factulty at FIU who are concerned/excited about the hire and have expressed their opinion? It will be interesting to see if the department attempts to hold a press conference on this matter--wow, that would be exciting and riddled with plenty of first amendment protection issues!
Posted By : Anonymous

Wow. Check out the Women's Studies website at FIU:...

Message posted on : 2009-04-19 - 19:59:00

Wow. Check out the Women's Studies website at FIU: http://www.fiu.edu/- wstudies/
No wonder they want to organize a protest against Thomas. OMG, how extremely embarrassing is that picture to that university!
Posted By : Anonymous

Wait--I take that comment back. I didn't realize t...

Message posted on : 2009-04-19 - 20:17:00

Wait--I take that comment back. I didn't realize that the picture is almost 100 years old.
Posted By : Anonymous

Thomas' hire is very curious. Seems like the facul...

Message posted on : 2009-04-20 - 12:15:00

Thomas' hire is very curious. Seems like the faculty have the right to be concerned at the very least. Sad that only the Women's Studies department appears to stand up to this (maybe others did, too, I just don't know). Really sad that it is just a constant reminder that the faculty are basically irrelevant in today's NCAA major college sports environment.
Posted By : Anonymous

I think this is a case of a news organization weig...

Message posted on : 2009-04-20 - 18:32:00

I think this is a case of a news organization weighing the probability of a defamation lawsuit carefully. Had her polygraph come back indicating she spoke the truth, it would have aired, regardless of whether it was otherwise corroborated.

The 1st Amendment does not prohibit a defamation action where there is reckless disregard for the truth.
Posted By : Anonymous

As a Knick fan, FIU can have Mr. Thomas, and good ...

Message posted on : 2009-04-20 - 19:20:00

As a Knick fan, FIU can have Mr. Thomas, and good riddance.

Even if we can ignore the sexual harrassment lawsuit, this is all you need to know about Isiah Thomas the coach: When he was coaching the Knicks, Greg Anthony criticized his strategy on ESPN. The next day, without being prompted, he said something to the effect that I kicked his butt on the court for years, and he has a lot of nerve to tell me what to do (I'm paraphrasing).

With that attitude, he will never be a successful coach, because only about 15 people on earth can give him advice.
Posted By : Glenn

Salary cap? Have you seen the

Message posted on : 2009-04-20 - 19:23:00

Salary cap? Have you seen the salary range for these players, it's ridiculous. They should be ashamed.
Posted By : soccer coach salary

Anon, actually the standard for a public figure is...

Message posted on : 2009-04-20 - 23:24:00

Anon,
Actually the standard for a public figure is malicious intent or reckless disregard. That standard is so ridiculously high that an inconclusive polygraph probably would have tipped it in WDRBs favor.

The public figure must show malice or reckless disregard by "clear and convincing evidence" New York Times v. Sullivan, 376 U.S. 254 I doubt an inconclusive polygraph would qualify as clear and convincing evidince.

Instead, lets give them some credit. They could have ran the story, then hid behind the First Amendment. BUt instead they chose the high road. Good for them!
Posted By : Jimmy H

Where are those cellphone videocameras when you ne...

Message posted on : 2009-04-20 - 23:28:00

Where are those cellphone videocameras when you need them huh?
Posted By : Jimmy H

William, I think the Lions will pick Matt Staffor...

Message posted on : 2009-04-22 - 00:21:00

William,

I think the Lions will pick Matt Stafford. I wonder if they will regret that pick two years from now, however. The Lions' defense is atrocious, and they have Aaron Curry right there for the taking. I know selecting a linebacker at #1 would be unconventional and subject to intense criticism if it doesn't pan out, but is Stafford really a franchise QB? I wonder about his decision-making, and with the Lions' offensive line, I see a tough adjustment to the NFL. We'll see.
Posted By : Michael McCann

great one. nice analysis of what should and what s...

Message posted on : 2009-04-22 - 01:28:00

great one. nice analysis of what should and what shouldn't be avoided...
Posted By : jay adams

Journalism ethics 001: You can't praise someone's...

Message posted on : 2009-04-22 - 05:59:00

Journalism ethics 001: You can't praise someone's acts unless you know all the facts.

Sigh.
Posted By : StopItNow

by the way, Petino's orchestrated media campaign, ...

Message posted on : 2009-04-22 - 06:02:00

by the way, Petino's orchestrated media campaign, complete with FBI references, is worthy of suspicion. He knows he's adored by the UL faithful and launched a premptory strike and now has the media eating out of his hand. Take a deep breath and relax, people, there's more to come.
Posted By : McHaleandthedoor

I love football.thanks for post

Message posted on : 2009-04-22 - 23:13:00

I love football.thanks for post
Posted By : radyolar zogizo

Good for him. I support his decision. It's clear t...

Message posted on : 2009-04-23 - 00:06:00

Good for him. I support his decision. It's clear that high schoolers can make an impact in the pro basketball game. Hopefully he'll do well overseas and follow in Brandon Jennings' footsteps.
Posted By : Pbenn001

If it were me, I'd select Jason Smith. Stafford i...

Message posted on : 2009-04-23 - 00:08:00

If it were me, I'd select Jason Smith.

Stafford is vastly overrated and is a decent QB in a very shallow QB pool. The Lions should shore up some other areas before worrying about a QB, who won't make an impact while lying on his back all game long.
Posted By : Pbenn001

I like this move. While I am pro age limit NBA bec...

Message posted on : 2009-04-23 - 00:49:00

I like this move. While I am pro age limit NBA because it is their rules, this shows that their is no monpoly when it comes to basketball. It only legitimizes the NBA's age stance.

Thoughts?

ken
Posted By : Anonymous

Looks like there would be a large lawyer work arou...

Message posted on : 2009-04-23 - 04:58:00

Looks like there would be a large lawyer work around this case.
Posted By : lawyer work

Mike, This study ignored a key component. This r...

Message posted on : 2009-04-23 - 10:14:00

Mike,

This study ignored a key component. This references when they were arrested after turning pro without any mention of legal troubles prior to turning pro. Many of those names had issues while in college or even earlier.

Plus, the issue is not limited to they are more ready to handle the grind of the NBA with college seasoning, there are other factors. That is one factor. A more underlying and less referenced theory is effect on the salary cap and the veterans with younger players around. Allowing younger players into the NBA would end up forcing the NBA to actually create a true minor league system. 1st rounders get guaranteed contracts that can severely hinder a team that predicts wrong. Another major factor is the physical development and ability to handle the grind. Yet another factor is that young players are drafted on potential and often flame out. A couple of years of seasoning helps (nnot always enough) to identify some of the flaws.
Posted By : Eric Gordon

Thank you Michael McCann for directing us to the i...

Message posted on : 2009-04-23 - 12:24:00

Thank you Michael McCann for directing us to the interesting article.

Jeremy Tyler's move is ground-breaking and ingenious.

While some fans of college basketball may choose to disingenuously criticize this young man for sacrificing his "education" in order to earn money overseas, the fact of the matter is that many college basketball players are pretty much underpaid professionals in the first place. Hopefully, NCAA teams seriously start examining the need to pay its players a fair portion of the television money which flows into the coffers of the universities.

I suspect that a move such as this might cause a behind-the-scenes schism between the NBA and the NCAA. For years, the NCAA has been the primary beneficiary of the age floor. The NBA may get more polished players due to the age floor but I doubt that they truly care whether these young men receive their basketball education from a top-flight college or a pro club in Europe. Since the NBA scouts Europe more regularly these days, it's unlikely that talents such as Tyler would fall through the cracks and I suspect many teams might prefer prospects getting a taste and learning to handle the temptations of being a pro athlete prior to entering the NBA draft (e.g. money, responsibility, women, etc.).

One final note. While in the short term moves such as Tyler's may benefit the NBA (since young phenoms would get acclimated to the pro life prior to joining the NBA), this move may serve to strengthen the European leagues at the NBA's expense. I've always found the NBA age floor to be an unfair obstacle implemented against talented young men (of military draft-eligible age mind you) in order to protect NBA teams against their own shoddy scouting. With European pay scales quickly rivaling that of North America, I hope that the NBA realizes that its stranglehold on talented players is no longer absolute. Arbitrary restrictions against player movement should be viewed suspiciously from now on.
Posted By : Jason Chung

As someone who has actually represented players in...

Message posted on : 2009-04-23 - 17:52:00

As someone who has actually represented players in the NBA & Europe , Tyler will NOT benefit by this step. Europe presents challenges that most 22 year old college graduates do not handle well on or off the court. Injury risk will actually increase since he'll be at least 10 years younger than most top European players and much less physical. The coaches will expect fundamental skills beyond a US high school player, and living in a foreign country will be another test. I wish him well but he is getting terrible advice. BTW I represented numerous college sophomores & juniors to great NBA careers,but high school juniors are not ready for pro basketball. For every KG-who went to 4 years of high school- there have been too many others that crashed & burned. Finally, the jury is out on Jennings-he has had a very average European season and it remains to be seen how much of his financial package will actually be received by him. BTW2
Teams in Europe are experiencing even more financial problems than the NBA with all but the top 10 teams or so in Europe not fully paying all their players and next year will be worse.
Posted By : George

Anon 6:51- Good question. Jimmy H-- Good answer. ...

Message posted on : 2009-05-12 - 00:58:00

Anon 6:51- Good question.

Jimmy H-- Good answer. I'd also add that as a general principle of contract interpretation, a specific clause (such as contained in the drug policy) controls the general (such as contained in the uniform player contract).

Nurseandlawyer-- Yes, in theory, he could be terminated for any related conduct that did not conform to the "standards of good citizenship and good sportsmanship." So, if he had been interviewed on national television and denied taking steroids, then tested positive and admitted that he had lied (see, e.g., A-Rod), one could make an argument that he violated the morals clause. As for your second question, I'll give you a quick answer now, and a longer answer later. Quick answer: Assuming he didn't have a contractual relationship with that person or entity, very unlikely.
Posted By : Gabe Feldman

Is this Journal actually affiliated with the NCAA?...

Message posted on : 2009-05-12 - 09:39:00

Is this Journal actually affiliated with the NCAA? Its title and logo certainly make it seem like it is. If that's the case, congratulations. If not, you may want to revise a few things.
Posted By : Anonymous

While we are half seriously on this subject, I won...

Message posted on : 2009-05-12 - 11:56:00

While we are half seriously on this subject, I wonder about the use of often deadly or catastrophic natural phenomena as team nicknames. I'm pretty sure we don't have to worry about hurting a hurricane's feelings (though I hear earthquakes are notoriously sensitive), but what about the victims of a hurricane? I'd like to see a push for kinder, gentler natural phenomenaâ€”perhaps the Carolina Drizzle, or the Miami Gentle Breeze.
Posted By : Gabe Feldman

Yes, I agree with Gabe. I will go a step further a...

Message posted on : 2009-05-12 - 12:43:00

Yes, I agree with Gabe. I will go a step further and say that the term Pirates is clearly racist. An easy remedy, however, would to replace the "r" with an "l" which would promote good stretching and exercise.
Posted By : Anonymous

Holy crap! Why is Eric Gordon (the previous poste...

Message posted on : 2009-05-12 - 23:25:00

Holy crap! Why is Eric Gordon (the previous poster) opposed to players leaving school early when he went seventh in the NBA draft last June? He needs to practice what he preaches.
Posted By : Brian

This is OT but relevant to sports law: As you kno...

Message posted on : 2009-05-13 - 10:51:00

This is OT but relevant to sports law:

As you know, Manny was suspended for steroids and is losing about $8 million dollars.

Is Boras' commission effected at all?
Posted By : Anonymous

Arrrrrr you serious?

Message posted on : 2009-05-13 - 11:42:00

Arrrrrr you serious?
Posted By : Prince Johnny

How about the Idaho Vandals? The Holy Cross Cru...

Message posted on : 2009-05-13 - 16:07:00

How about the Idaho Vandals?

The Holy Cross Crusaders are named after folks who were in the conquering and plundering business.

About a half-dozen colleges and the Tampa entry in the NFL are the Buccaneers.

How about the Gettysburg Bullets? Guns don't kill people; bullets kill people...

Columbia College in California are the Claim Jumpers. That piracy without the boat.

Remember the old San Diego Conquistadores from the old ABL?

California Maritime Academy are the Keelhaulers. Not a freindly gesture to be sure.

You have various teams called Mauraders and Matadors and Leathernecks and Raiders and Valkyries. All of those kinds of folks engage in violent behaviors.

If this movement gets started, there is a lot to change out there...
Posted By : The Sports Curmudgeon

Lets not forget those Miami Dolphins... the most f...

Message posted on : 2009-05-13 - 18:11:00

Lets not forget those Miami Dolphins... the most feared creature of the dark seas....

and arrrrrrr you serious? That was great, I almost lost it at the office this morning!
Posted By : Jimmy H

Thanks for the question, Anonymous. I believe B...

Message posted on : 2009-05-13 - 19:11:00

Thanks for the question, Anonymous.

I believe Boras' commission is earned gradually, as Manny earns the contract, rather than Boras receiving all of it upon the signing of the contract (or rather than for negotiating the contract itself). For instance, if Manny were to retire before the end of the contract, I don't believe he would owe Boras a commission for the unearned (and unearnable) portion. So my sense is that Boras loses out on his cut of Manny's deal while Manny is suspended. If anyone knows otherwise, please chime in.
Posted By : Michael McCann

Wow. This is like a wild west showdown here: NCAA ...

Message posted on : 2009-05-13 - 21:07:00

Wow. This is like a wild west showdown here: NCAA v. Ohio legal system. I would say that the most intriguing thing here is that the NCAA cannot buy themselves out of this situation. Could this be the beginning of the end of the NCAA as we know it (ala Drake Group) or maybe this will just be another blip on the screen of NCAA litigation and prove, ultimately, meaningless...
Posted By : Anonymous

While I won't enter in to the percentile discussio...

Message posted on : 2009-05-14 - 15:20:00

While I won't enter in to the percentile discussion (I've got an issue with math), it's always amused me when some have dissed the WNBA team "names."

I mean, for sheer ferocity, how can you not tremble when the White Sox take the field? And those Blue Coats? Shiver me timbers!

Of course, those of us who love Mr. Alfred's "The Birds" know why we should all, like brave Sir Robin, run away from the Orioles, Blue Jays, Cardinals and (my favorite) Oglethorpes Stormy Petrels.
Posted By : Helen

Real Baseball Intelligence (RBI), a leading resour...

Message posted on : 2009-05-14 - 17:45:00

Real Baseball Intelligence (RBI), a leading resource in the evaluation of amateur baseball talent and draft coverage, has ranked Andrew Oliver the #50 prospect in the 2009 MLB Draft. View his scouting report (with video) at www.withthefirstpick.net/andrew-oliver
Posted By : Real Baseball Intelligence

One stat is missing, how many of these players are...

Message posted on : 2009-05-14 - 20:04:00

One stat is missing, how many of these players are black
Posted By : Anonymous

now that Manny has half the season off he can go h...

Message posted on : 2009-05-14 - 23:52:00

now that Manny has half the season off he can go home to his private island and wallow while he sips iced tea and works on his tan
Posted By : Nomad

Howard, I disagree with your interpretation of th...

Message posted on : 2009-05-17 - 10:01:00

Howard,

I disagree with your interpretation of the rule. The rule certainly doesn't say that the runner is out unless he beats the throw/tag. But I will say that it's poorly drafted because it doesn't define what it means to be "out".

I think it's better that the "tie goes to the runner" from a public policy standpoint. When somebody is running for their life, as fast as they can and out of breath -- up against 9 other people out to kill him no less -- who wants a rule that says he dies if one of the nine gets to his house at the same time he does?
Posted By : Rick Karcher

No one who actually follows baseball believes that...

Message posted on : 2009-05-17 - 10:41:00

No one who actually follows baseball believes that in reality the tie goes to the runner, rather it is short-hand for the fact-finding of the umpire. While science might be able to resolve many more of those close plays the human eyes and ears cannot resolve.

Tie goes to the runner is a public policy statement. Whenever the doubt cannot be resolved as to whether the runner reached safely the presumption is he reached safely. Since few runners reach first base safely a call of "out" usually harms the batting team more than the defending team.
Posted By : Mark

I like Mark's "balancing of the harms" approach. ...

Message posted on : 2009-05-17 - 11:28:00

I like Mark's "balancing of the harms" approach. Mark raises another good point from a practical standpoint as far as what the human eyes and ears are capable (or not capable) of doing. In a non-tag situation (i.e. a force out), an umpire can't possibly watch both the ball hitting the glove and the runner's foot hitting the bag at the same time, so the ump watches the bag and listens for the ball to hit the glove -- I think it's probably easier on the ump, which results in more consistent calls, if the ump is listening for whether the ball hits the glove first.
Posted By : Rick Karcher

Most veteran umpires will tell you that there is s...

Message posted on : 2009-05-17 - 11:38:00

Most veteran umpires will tell you that there is simply no such thing as a tie. They will say they are paid to make such close distinctions and thus if they bang the batter/runner out it was because the ball/tag got there first (not because it was too close to differentiate and policy should dictate in favor of the offensive team). In the umpire's mind, ties do not exist: one is out or safe.
Posted By : Anonymous

Anon, That may be the case, but it doesn't answer...

Message posted on : 2009-05-17 - 11:42:00

Anon,

That may be the case, but it doesn't answer Howard's question about what the rules provide when the ball and runner both get there at the same exact time.
Posted By : Rick Karcher

You're right, it doesn't answer that question, but...

Message posted on : 2009-05-17 - 13:48:00

You're right, it doesn't answer that question, but the reason is because the umpire will say that can't happen. Of course scientifically it can happen, but because the umpire's decision is based upon human perception of the play, he will be forced to decide which, to the best of his perception and training, happened first. This is how Jim Evans has explained it.

Of course, umpires like lawyers do not use simply the rule book as their guide to a game. Rather, just as an attorney has Restatements, practice guides, digests, and the like - umpires have the J/R manual and a handful of other guides that aid in their interpretation and application of the rules. All of that is a bit a moot point when it comes to a matter of perception, but I think the general point is that to an umpire this statement; "Tie goes to the runner is a public policy statement. Whenever the doubt cannot be resolved as to whether the runner reached safely the presumption is he reached safely" never applies because his job is to resolve doubt, not relegate his judgment to presumptions.
Posted By : Anonymous

I don't have a copy of the rules in front of me, b...

Message posted on : 2009-05-17 - 14:28:00

I don't have a copy of the rules in front of me, but I would guess that "out" is defined elsewhere. For sake of argument let's assume that the rules codify some basic intuitive definition, such as "the runner or the base is tagged with the ball" (with tagging the base covering where a player holding the ball touches the base on a force play).

So 7.01 means a runner acquires the right to the base when he touches it before he or the base is tagged. And if he does not touch the base before he is tagged--either because the ball/tag beats him or because they get there at the exact same time moment (however unlikely that actually may be)--he is out.

I agree with Mark that "tie goes to the runner" is shorthand for public policy. My point is that it is inaccurate shorthand because that is not the policy expressed in the rule. Under the rule (as I am interpreting it) the policy is that a tie goes to the defense, because the runner is out unless he gets to the base *FIRST*.

And Anon probably is right that there are no ties, at least not to the naked eye. That is what Weber and several umpires take away from it.
Posted By : Howard Wasserman

While "tie goes to the runner" is learned at a you...

Message posted on : 2009-05-17 - 15:46:00

While "tie goes to the runner" is learned at a young age and oft-repeated, I thought anon's perspective was the view of any learned (for lack of a better term) baseball fan, player, ump, etc.
Posted By : Ryan

Howard, I'm still not convinced that 7.01, as dra...

Message posted on : 2009-05-17 - 17:39:00

Howard,

I'm still not convinced that 7.01, as drafted, means what you say it means. To me, the express language of the rule simply doesn't answer the question you raise. Being out is simply a question of timing. So "out" can't mean being tagged with the ball (as you suggest), because answering whether somebody is out depends entirely on WHEN the runner was tagged with the ball. So "out" is really a timing question, and the rule attempts to answer that question by stating that a runner is safe if he reaches base before he is out. That makes no sense.

Even taking your interpretation of the rule that the runner is safe if he reaches base before he is tagged, that still doesn't address whether the runner is safe or out if he reaches the base at the same time as the tag/ball -- Because one could just as easily argue it the other way (i.e. reaching the base at the same time as the tag/ball means that he "touched the base before he got tagged").

By the way, this situation is not that uncommon (at least to the human senses, which is all that is relevant).
Posted By : Rick Karcher

How about a discussion of Apollo or Zeus in sports...

Message posted on : 2009-05-17 - 18:44:00

How about a discussion of Apollo or Zeus in sports law. You could even throw Nike in there for the other "myths" part....
Posted By : Anonymous

Zeus doesn't have as much influence in baseball as...

Message posted on : 2009-05-17 - 20:29:00

Zeus doesn't have as much influence in baseball as you would think. Athena plays a more significant role in baseball.
Posted By : Rick Karcher

Surely the NASCAR drug policy would look different...

Message posted on : 2009-05-18 - 08:03:00

Surely the NASCAR drug policy would look different had the drivers had a union. Some drivers have been very vocal (veteran Michael Waltrip especialy) about about the lack of driver input, although their comments have targeted safety issues rather than drugtesting. NASCAR Truck Series driver Ron Hornaday admitted to the use of testosterone and HGH in 2008 (the use was limited to 2004-2006, before the more strict NASCAR drug policy was put in place.) While NASCAR had the authority to punish Hornaday, it decided not to. Because Hornaday's Testosterone and HGH were prescribed by a doctor, NASCAR decided that Hornaday did nothing wrong. The drugs were shipped to the driver from the Palm Beach Rejuvenation Center. The same center has been drug scandals in both the NFL and MLB.

Time for a more detailed policy perhaps?
Posted By : Jimmy H

What of Rule 6.05(j) which says: "A batter is out...

Message posted on : 2009-05-18 - 16:57:00

What of Rule 6.05(j) which says:

"A batter is out when ... after a third strike or after he hits a fair ball, he or first base is tagged before he touches first base."

Doesn't that seem to shift the burden back to the fielder??
Posted By : Anonymous

I have been questioning why WADA and USADA have no...

Message posted on : 2009-05-19 - 15:47:00

I have been questioning why WADA and USADA have not been the lead anti-doping authority for major league and professional sports in the USA. They handle testing for all Olympic eligible athletes and handle the testing with little to no controversy. Why has WADA or USADA not been commissioned to test pro athletes under their strict testing schedules and guidelines? Don't you think that if a group like WADA or USADA were to be in charge of anti-doping testing in US pro and collegiate sports would clear much of unknowns and controversy surrounding some of the sports. Also, it would help NASCAR provide a list of banned substances to their drivers.
Posted By : Matt Lindenmuth

I do not understand how some NCAA schools had to c...

Message posted on : 2009-05-19 - 17:40:51

I do not understand how some NCAA schools had to change mascot names with Native American names, while the NFL and the Redskins get to keep the naming rights. Money is playing a big role in an issue that is the same throughout all different leagues.

Btw I just stumbled and submitted your blog to viralogy. Hope it brings you a lot of new readers!

-Raj
Posted By : Raj Tiwari

Matt, there are many reasons that WADA and USADA d...

Message posted on : 2009-05-19 - 18:11:18

Matt, there are many reasons that WADA and USADA do not lead in the major league sports in the USA/North America. One is that their work is extremely good, accurate and unforgiving. The other is that the unions know that their work is extremely good, accurate and unforgiving.
Posted By : Anonymous

http://www.nature.com/nature/journal/v454/n7205/fu...

Message posted on : 2009-05-19 - 21:21:55

http://www.nature.com/nature/journal/v454/n7205/full/454667a.html

There are serious questions concerning the effectiveness of the tests. Nature magazine raises doubt about the testing of the tests that WADA uses. Considering the damage to an athlete of positive result, they should be worried about the science behind the tests.
Posted By : K

Matt and Anon, Overall, WADA would probably be th...

Message posted on : 2009-05-20 - 00:46:14

Matt and Anon,

Overall, WADA would probably be the most efficient anti-doping athourity to handle major league sports. With that said, it has not been without controversy. They have conducted raid like searched in the middle of the night whith Olympic competitors preparing for an event the next day. Certainly not without controversy.

As far as USADA is concerned, I am still a bit concerned about certain tactics they have utilized in the past as well, such as using "unbiased arbitrors" who were trained by the USADA at their testing facility... that one just does not sit right with me.

Im sure either one would be more effective than the current major league system though.

Regarding collegiate sports, doping testing is probably too expensive for such a huge number of test subjects. Testing for recreational drugs is fairly cheap, but when you get into the testing for AAS and maskers, it is way more in depth and way more expensive...

My two cents
Posted By : Jimmy H

All I can say is WOW! This guy is obviously indep...

Message posted on : 2009-05-20 - 15:45:31

All I can say is WOW!

This guy is obviously independently wealthy... because if I was Mr. "Pissed off Partner", This guy would be out quicker than he could box up his desk.

Did anyone else find it particularly annoying that the â€œsoon to be fired first yearâ€� seems to suffer from capital-letter-o-phobia?

Thanks for bringing this to our attention, it was well worth the non-billable half-hour to read.
Posted By : Jimmy H

I'm sorry to say this, but the fact that Vick is A...

Message posted on : 2009-05-21 - 11:35:02

I'm sorry to say this, but the fact that Vick is African-American has a huge impact on his image in the eyes of the public. Before all of this happened, that is, him killing dogs, the general perception of Michael Vick was that he was a little unrefined, liked to party a little, and most people thought of him as the typical black athlete. They were willing to 'put up' with the strip clubs, relatives being arrested, and other things because he was so talented and MARKETABLE. As soon as his market value went down (deservedly), he had no value. His persona went from superstar bad boy to just another black felon. Hopefully, he can repair his image and put forth the long-term effort to allow people to forget about this shameful chain of events. After all, if Martha Stewart can win the hearts of America...ok, Vick doesn't stand a chance.
Posted By : Ares Vista

This is definitely an interesting article Mr. Karc...

Message posted on : 2009-05-21 - 17:15:08

This is definitely an interesting article Mr. Karchner.

I was wondering, what is your take on the current agent regulations in the UK with regards to football and the Football Association.
It would be great to hear any feed back you have on that.
Posted By : Chigs

So, how might you come down on the question of Pet...

Message posted on : 2009-05-24 - 19:58:56

So, how might you come down on the question of Pete Rose in the HoF?

His 4256 hits were more than likely unaided by steroids.

His wagering on baseball is clearly against the rules of the game - - but that seems to have happened after he was playing and after he amassed those 4256 hits.
Posted By : The Sports Curmudgeon

I have a few problems with your arguements pro-May...

Message posted on : 2009-05-26 - 11:00:26

I have a few problems with your arguements pro-Mayfield.

First, one of Mayfield's crew members tested positive earlier this year. Mayfield stated to the media his support of NASCAR's drug policy and promptly fired said employee. How can he now say how unfair it is when he's on record of supporting the policy when it was close and personal?

Second, what if what Mayfield tested positive for is an illegal substance? I'm sure do other driver wants him on the track if they discover he was on meth or coke. Will his defense that the policy is unfair dissolve?

Third, what if what he took is legal but it affects his faculties? Say a beer, or a double dose of his prescription? Do you still support his defense?

The FAA has some ambiguity built into their drug policy too. Part of the policy seems to be that if your illness is so serious you require medication, it's serious enough to prevent you from flying.

It has been said that to have a list is to make loopholes.
Posted By : cindy

Have you checked out jdlegends.com, they are hosti...

Message posted on : 2009-05-27 - 06:11:05

Have you checked out jdlegends.com, they are hosting mark chesnutt in concert on may 30th, at their ohio location this should be fun. check it out at www.jdlegends.com
Posted By : Anonymous

I followed most of Pete's career and I can't remem...

Message posted on : 2009-05-27 - 08:05:52

I followed most of Pete's career and I can't remember a time where he wasn't trying to win. There are other viewpoints in society besides that of lawyers.
Posted By : Anonymous

Congrats!

Message posted on : 2009-05-27 - 13:31:08

Congrats!
Posted By : Geoffrey Rapp

Thanks Geoff, this feature is much appreciated.

Message posted on : 2009-05-27 - 16:06:46

Thanks Geoff, this feature is much appreciated.
Posted By : Anonymous

Thank you for your thoughtful response to my query...

Message posted on : 2009-05-27 - 22:24:33

Thank you for your thoughtful response to my query.

I think we will have to disagree on the proper outcome here. I believe that Pete Rose's on-field accomplishments - witnessed by all baseball fans who maintained consciousness for about 20+ years - earned him a place in the Hall of Fame. One can put as many asterisks and disclaimers as one may wish on his bust/display at Cooperstown and one may censor his acceptance speech as much as one may want, but he amassed 4,256 base hits in his career and no one else in the history of the game did that.

Now if Rose had been a very good player whose on-field career put him on the cusp of HoF worthiness, I would clearly agree that his wagering activities as a manager would negate any managerial accomplishments that might "put him over the top" and get him elected to the HoF. However, I do not think that is the case here; I believe there are 4,256 reasons to put Pete Rose in the HoF.

So, here is the secondary question along this line:

Joe Torre's accomplishments as a player have not yet been sufficient to get him into the Hall of Fame. However, as a manager he has a bunch of World Series Championships and a ten-year streak of playoff appearances with the Yankees. That looks awufully good - - until you count up the number of steroid users who were on his teams during that run of successes.

Torre has never been connected with using steroids but his teams had more than a few good players who did. Should his managerial accomplishments with the Yankees be devalued in the context of Torre's qulaifications for the Hall of Fame?
Posted By : The Sports Curmudgeon

Mr. Curmudgeon (or may I call you "Sports"): Befo...

Message posted on : 2009-05-28 - 07:12:49

Mr. Curmudgeon (or may I call you "Sports"):

Before I an answer, I have to pose a question to you: Suppose Rose's gambling had come to light in 1985, while he was still playing, and he accepted the suspension then. Should he still be in the Hall because of all those hits and other on-field accomplishments? If yes, then we are working from entirely different premises. You also are rendering Rule 3E a nullity.

As for Torre, I don't think there is any question he is a Hall of Fame manager. I don't believe the fact that he was managing during the era when many/most players (including some of his own) were using changes that (at least absent some finding that Torre was actively dealing or ordering his players to use). But remember that my starting point was agreement with the argument that steroid use should not be disqualifying for Hall consideration (at least pre-2005). So my answer on Torre should not be surprising.
Posted By : Howard Wasserman

Anonymous: Yes, it does shift the burden back to t...

Message posted on : 2009-05-28 - 12:47:21

Anonymous:
Yes, it does shift the burden back to the fielder. To me, the rules seem to treat a forced runner differently than a batter-runner reaching first base.

It appears that a runner is out on a force play if he "fails" to touch the base before the base is tagged. According to rule 7.08e: A runner is out if: (e) "He fails to reach the next base before a fielder tags him or the base, after he has been forced to advance by reason of the batter becoming a runner."

I.e., a forced runner is out if he fails to beat the throw. Kinda sounds like tie goes to the fielder in this case.

BUT - by rule 6.05 (J): a BATTER is out if: (j)After a third strike or after he hits a fair ball, he or first base is tagged before he touches first base. As you correctly pointe out. This would suggest at first base, with a batter turned runner, tie goes to the batter (runner).

In reality, I believe most umps don't get into interpretations of implicitly stated rules. I think they base their calls on which they think got there first, which is what you were saying in your earlier post.
Posted By : Billy Bowlegs

Call me anything - - except late for dinner... If...

Message posted on : 2009-05-28 - 15:27:48

Call me anything - - except late for dinner...

If Pete Rose had been gambling on baseball while he was a player and if that fact had been proven by reasonable standards - - recognizing that it would not have been a court proceeding that rendered the adjucication - - I would NOT want Pete Rose in the Hall of Fame.

In that case, I would put him in the same category as the Black Sox players back in the early 1920s in terms of improprieties that cast the game of baseball in a very bad light.

However, I don't think there is much evidence to suggest that a suspension in 1985 was a likely event even with all of the investigations and revelations that happened in the subsequent years.

I think that the Hall of Fame needs to recognize on-field accomplishments more than anything else. Sure, a person such as Branch Rickey belongs in the Hall of Fame for his contributions even though they did not include prodigious "game stats". But when a situation exists wherein a player has been an outstanding performer for 20+ years and has achieved something no one else in the history of the game has done, then that person needs to be in the Hall of Fame.

If in addition he was such a miscrant that the situation merits it, then the display around his bust whould be filled with exhibits testifying to his "miscreant-hood".

Let me be clear about the other point I made. In no way was I even hinting that Joe Torre encouraged, aided or abetted any of his players to use PEDs. I merely meant to point out that there were a lot of Yankee players who were "using" and that has come to light rather clearly in the past 2-3 years. And in that light, I merely wondered if some of his managerial achievements need to be discounted.

Based on his performance as a player only, I would personally not vote Joe Torre into the Hall of Fame. [For the record, I also would not have Pee Wee Reese, Phil Rizzuto, Bill Mazeroski or Don Drysdale in the Hall of Fame and I would have flipped a coin to decide whether or not to vote for Ozzie Smith.] However, I believe that Torre's managerial achievements add to his playing record very favorably and that he should be elected to the Hall of Fame.
Posted By : The Sports Curmudgeon

Update: http://www.cbssports.com/nfl/story/117997...

Message posted on : 2009-05-29 - 16:00:24

Update: http://www.cbssports.com/nfl/story/11799742
Posted By : Rob

To my mind there are only two reasons that disqual...

Message posted on : 2009-06-03 - 10:39:52

To my mind there are only two reasons that disqualify a player from the hall of fame. One is intentionally throwing a game or taking money to do so. The other is to engage in illegal conduct off the field that enhances the player's level of performance or increases his team's chances of winning.

Consequently, Joe Jackson is properly kept out of the Hall, no matter how one interprets his performance in the 1919 World Series. A player who participated in a plot to physically injure an opponent off the field would be similarly banned. (As far as I know, this has never happened.) The use of illegal anabolic steroids and other such substances is also a proper grounds for denial.

Pete Rose was not guilty of any of these offenses (so far as I know) and thus should not be banned from the Hall of Fame.

I understand why there needs to be a rule against betting on your own team--although Jeff Standen has made an interesting case that such betting is actually a good thing. However, I do not see the breach of that rule as fundamentally disqualifying the player from HOF consideration.

Rules against beanballs, spitballs, stealing signs, and intentionally failing to touch bases are similar. On field cheating is part of the game. Such acts do not destroy the integrity of the game, they mere challenge the efficacy of officiating. Such conduct carries a risk of punishment appropriate to the offense.
Posted By : J Gordon Hylton

'tie goes to the runner' is a playground...

Message posted on : 2009-06-03 - 10:51:06

'tie goes to the runner' is a playground phrase used when there is no umpire to decide the call. It was used by kids to decide perceived ties in much the same way as 'shooting odds or evens' or jsut deciding based on force of personality.

The rules seem to conflict on the batter/runner having to be conclusively safe or else he is considered out versus the forced runner having to be put out or he is safe because the forced runner has acquired rights as a base-runner. He's been declared safe previously, a batter/runner has not.

I believe that is the reason for the apparent discrepancy between the definition of what is an 'out' as applied to the two types of runners.

When I umpire, there are no ties. And happily no appeals on arguments heard on safe/out decision. :)
Posted By : Charles Slavik, CPT*D

This is absolutely ridiculous. This is a free cou...

Message posted on : 2009-06-03 - 13:01:55

This is absolutely ridiculous. This is a free country - I like to poke fun at people wearing the opposing teams jersey when I'm at a live game. It just adds to the atmosphere, excitement and competitive nature of a game!

Chris

http://manlymenmen.wordpress.com
Posted By : Manly Men Men

Sorry, but IRL has a very similar drug policy to N...

Message posted on : 2009-06-03 - 23:16:03

Sorry, but IRL has a very similar drug policy to NASCAR's, as reported by Paul Newberry, an AP writer on 5-21-09:

The IRL doesn't list the drugs banned under its policy, saying it needs flexibility to keep up with new or unexpected substances; NASCAR also does not have a specific list for drivers, saying it reserves for the right to test for anything.

The IRL also won't discuss its testing procedure, most notably the handling of â€œAâ€� and â€œBâ€� samples, a basic tenet of any doping program.

â€œWe are confidential on how we do the sampling,â€� said John Griffin, vice president of public relations for the IRL. â€œWe disclose a lot, but we can't disclose that.â€�
Posted By : elena

The Florida Marlins are a young team, but filled w...

Message posted on : 2009-06-04 - 04:30:31

The Florida Marlins are a young team, but filled with history. Already having won two World Series, these fish have set the precedent for other young teams to follow. Nonetheless, this is a team that has been built, dismantled, and rebuilt again. This makes it hard to keep up with who's on first, and all the other bases. Only those who truly know MLB history may know the history of the Florida Marlins . Here where I read about them:
http://www.marlinshome.com
Posted By : louise

I think what the Congressman is doing has merits, ...

Message posted on : 2009-06-04 - 10:45:32

I think what the Congressman is doing has merits, except he is using the classic argument by using superstars to prove his point, when he should be using second and third tier players and see how they are doing.
Mike, I was thinking about this, and I am sure it has come up before, but why cant the compromise to the system be that if you dont get drafted, you are allowed to go back to school, even if you sign with an agent. You have to obviously distance yourself from the gifts and agent, but this will allow players to come back to college, and this way if the NBA wants to be stupid and draft players who arent ready they can. But if they come to their senses, the player can go back to school, but maybe with some suspension for a few games. That seems a bit fair maybe.

Thoughts, anyone?

Ken
Posted By : Anonymous

ideal, but not realistic - would require the NBA t...

Message posted on : 2009-06-04 - 17:53:34

ideal, but not realistic - would require the NBA to revise the CBA and the NCAA to require the UAAA. Involvement of agents in the proposed scenario would be impossible to regulate...I think.
Posted By : Anonymous

Quite interesting theory which seems to be in line...

Message posted on : 2009-06-05 - 06:56:49

Quite interesting theory which seems to be in line with the European vision on age limits. Is it likely that US courts will follow this vision?
Posted By : Stijn Francis

how did the NFL get around this when maurice clarr...

Message posted on : 2009-06-05 - 14:48:31

how did the NFL get around this when maurice clarrett challenged the age limit rule?
Posted By : Anonymous

The NFL doesn't have a strict age limit. They...

Message posted on : 2009-06-05 - 15:01:34

The NFL doesn't have a strict age limit. They require that you must be 3 years out of high school. A guy got draft a couple years ago when he was under 18 because he was also a college junior.
Posted By : Anonymous

what at the age limits for people in Congress?

Message posted on : 2009-06-05 - 15:04:58

what at the age limits for people in Congress?
Posted By : Anonymous

Anon 3:04 PM: Minimum age requirements for U.S. Ho...

Message posted on : 2009-06-05 - 15:24:30

Anon 3:04 PM:
Minimum age requirements for U.S. House, Senate, and Presidency are in the U.S. Constitution, and therefore trump ordinary statutes.
Posted By : Tom

If the NBA's rule is overturned it wouldn'...

Message posted on : 2009-06-05 - 15:48:28

If the NBA's rule is overturned it wouldn't let high school kids in. They would just copy the NFL and make it one year out of high school instead of an age limit. If the NFL can get away with it then so can the NBA
Posted By : Anonymous

Based on his stats, of course he should be in. I ...

Message posted on : 2009-06-05 - 18:43:12

Based on his stats, of course he should be in. I will point out, however, that some of his stats are inflated by the fact that he hung around way after he was washed up. In 1982, for instance (5 years before he retired) he played in every game and batted .271 with 3 HR and 54 RBI. Undoubtedly the worst regular 1st baseman in MLB that year.
Posted By : Anonymous

Well, they didn't let Pete Rose play baseball ...

Message posted on : 2009-06-05 - 22:22:27

Well, they didn't let Pete Rose play baseball again. And, in my opinion, his crime was less than Vick's! Vick blew his career and has to pay the piper. No if's, or's, but's about it!
Posted By : Anonymous

Sports Law Course at the University of Peloponnese...

Message posted on : 2009-06-06 - 06:48:24

Sports Law Course at the University of Peloponnese â€“ Sparta, Greece

At the University of Peloponnese in Greece (www.uop.gr) there are many different faculties. One of them is the Faculty of Human Movement and Quality of Life Sciences having the city of Sparta in Greece as its seat (3 Lisandrou Str, 23100-Sparta, Greece). In this Faculty of the University of Peloponnese, operates the Department of Sports Organization and Management.
The goal of the Department of Sports Organization and Management is:
â€¢ To cultivate and promote science through research in the fields of sports, economy and administration, giving emphasis in the domain of sports entities.
â€¢ To provide to the students education in the fields of economic management and administration of sports entities (private and public) as well as service administration (private companies, educational and cultural organizations, local government, tourism and entertainment, health and non - profit and non - governmental organizations).
â€¢ To provide to the students the necessary means to achieve a successful scientific and professional career at a national and international level.
â€¢ To organize postgraduate studies providing specialized knowledge of a high level in the fields and knowledge domains of the Department.
â€¢ To contribute to the development of greek sports, in respect with its management and administration
â€¢ To provide specialized knowledge of Organization and Management to company and organization employees and executives in the form of certified seminars.
â€¢ To contribute to the social and cultural life of the prefecture of Laconia and the periphery of Peloponnese in general.
â€¢ To organize postgraduate studies that promote the education of scientists specialized in the specific knowledge domains of the Department.
â€¢ To promote science and research especially in the fields of protection of social civil rights, as they are defined in the framework of the E.U., the enhancement of the social state structures, the prevention and security in combination with social growth, the continuous education, the adult education and the design of new social and educational policies and institutions.
The Courses concerning Sports Law taught in our department are:
1. SPORTS LAW COURSE
2. SPORT GOVERNANCE COURSE
3. SPORTS INTERNAL MARKET AND COMPETITION RULES COURSE
These courses are taught by Assistant Professor of sports law Marios Papaloukas.
(URL: www.papaloukas.gr, email: mpapalouka@gmail.com)
Posted By : Marios Papaloukas

Sports law is a special type of law that blends to...

Message posted on : 2009-06-06 - 13:56:42

Sports law is a special type of law that blends together various key areas of law such as contract negotiation, settlement and enforcement, antitrust law and tort law.Contract law applies most of the times in the field of professional sports. It dictates the terms of the relationship between the professional sports athlete and the team owner or manager.Find out more about this topic on http://sportsattorney.com.
Posted By : oprina tiberiu

Is for real? A case just because of sports shirt. ...

Message posted on : 2009-06-06 - 14:58:52

Is for real? A case just because of sports shirt. HOw ridiculous is this.
Posted By : Mayweather vs. Marquez

Let me preface my comments by saying that I spent ...

Message posted on : 2009-06-06 - 16:18:29

Let me preface my comments by saying that I spent 20 years on the road courses and dirt tracks utilized by the International Karting Federation (IKF) and World Karting Association (WKA)--the very same training grounds for nearly all professional race drivers, including many of today's NASCAR stars. Here's my take on all this:

This is a pointless policy. This moves one step further for true accountability, of either drivers or NASCAR and its officials. The whole impetus for this move is the fear that Aaron Fike posed some kind of danger by the quality of his driving on those days he admitted to have used herion. If his driving was dangerous, he should have been parked for that reason, regardless of the cause or causes for it. I grew up at trackside, and let me assure you, it is possible to gaze upon a race and actually see something. And just like I don't really care why Fike might have driven poorly, I don't care why NASCAR race officials are routinely so clueless. Drivers who are poor at their jobs eventually have to find jobs they can do, and I feel that is a viable avenue for the majority of race officials.

In NASCAR, you chance competing against 80+ year old drivers. If there is so little margain for error that NASCAR must be allowed to legislate, test, judge, and punish without any kind of check or balance, allowing James Hylton or Herschel McGriff, great drivers in their prime, no doubt, compete at their advanced ages is simply unconscionable. How about a piss test for who decides who gets a license or not.

NASCAR routinely shows it can't fathom when to throw a caution or not, when to penalize for rough driving or not, and by extention, who drives safely or does not. Tony Stewart's blatant wrecking of Matt Kenseth at Daytona a few years ago was amongst the most dangerous and punishable offenses I've seen in racing. I don't care if Tony did it because he was on crack or just an idiot, nor why NASCAR can't recognize the events that unfold in their own events for what they are.

And Tony also provides another example of how idiotic NASCAR can be in last year's summer Daytona race. That's the one where he clearly forced Regan Smith below the yellow line rather than race him clean, and NASAR refused to enforce the provision for such actions stipulated in their own yellow-line rule. That's the one that says you can't go below the line unless forced there, and Regan was surley that. But NASCAR DQ'ed Regan and gave Tony the win, setting up the recent superspeedway debacle that sent Karl Edwards into the catch fence and injured 8 spectators. What choice did Brad Keselowski have--after all the precedent had been clearly set that you can't use the apron to avoid danger. How many spectators did Aaron Fike injure, anyway?

Make the standard how drivers drive, not why. If you can't tell how they drive, put somebody in charge who knows something (anything) about racing. And when you see a truly dangerous and intentional action, punish the driver with even half the zeal with which NASCAR is pursuing the precise contents of a person's bloodstream in the name of safety.
Posted By : Steve

Very good question James. I was thinking the same ...

Message posted on : 2009-06-06 - 20:09:40

Very good question James. I was thinking the same thing myself. The money for the license is not much for a company like that. What happens now that they have the clout of the NFL. They must have thought of this...but I really dont know how they decided it wouldnt affect television coverage and all the other licensing I'm sure they do.

Ryan Parr

www.fantazzle.com
Posted By : Fantazzle Fantasy Sports Games

Getting the feeling that on Twitter, everyone is t...

Message posted on : 2009-06-07 - 05:55:27

Getting the feeling that on Twitter, everyone is talking and nobody is listening. Like the fact that this guy got compensated, some of these social networking platforms are reckless at times. Check out www.sportsmarketing.ie
Posted By : Dave

I presented there four years ago; it is a great, v...

Message posted on : 2009-06-11 - 00:19:57

I presented there four years ago; it is a great, very fun conference. What is interesting is that, when I did it, I was the only law professor on the program. It is interesting that legal scholarship is starting to makes its way into the very particular world of baseball scholarship.
Posted By : Howard Wasserman

I am sitting here wolfing some chow just trying t...

Message posted on : 2009-06-14 - 11:30:05

I am sitting here wolfing some chow just trying to figure out what's in the minds of NASCAR with their drug policy & banned substances. I, by no means am condoning the actions of Jeremy Mayfield. I do agree with NASCAR's action in dealing with the offense. But where does NASCAR get off with having a total drug restriction. ( Oh they clarified that with 'only medication prescribed by a physician') That makes it OK. I mean, aspirin is a drug; also many other legal pain meds and symptom relievers; I guess they are all banned. Nascar racing is a dangerous sport. There is no dispute with that. Many over the counter drugs can affect ones ability to function in one way or the other. They must implement a policy similar to US Professional Sports Organizations such as NBA, MLB, NHL, NFL, & so many others, TNTC. Each one has a list of banned substances with penalties assigned to them. Is Nascar exempt?? They are more concerned about pit 'SPEED'!!! ooops, did I just say SPEED??? I guess if you have a headache one day; you just suffer ! O just suffer NASCAR's wrath as they see fit.
Im not so sure about a drivers' union? Thats subject for another day. http://bit.ly/PbwqH
Posted By : Anonymous

First, Cindy and Elena must be communists. Secon...

Message posted on : 2009-06-14 - 14:28:45

First, Cindy and Elena must be communists.

Second, like Steve, I too was a member of WKA and VDKA for a number of years and I cannot understand NASCAR's 'Don't Show, Don't Tell' New Drug Policy. Rules of safety are imperative for this sport, but how can NASCAR defend this drug policy without more explanation about it? How can NASCAR suspend drivers and crew members without explaining their reasoning besides saying, 'You failed our drug test'; that's like NASCAR disqualifying or suspending a driver for their car failing inspection and not telling them anything other than, 'You failed'. The inspections have to due with fairness and safety as well; NASCAR doesn't want to threaten the safety of ANYONE at their events for any reason, if they can help it; but NASCAR doesn't want to look disdainful either. Any number of parts, legal or illegal, could at any point endanger someone if NASCAR standards are not followed through, in regards to the inspections.

If they don't want to provide a list of illegal substances for members of their association foolishly based on the egregious point-of-view shared by Cindy and Elena here, then what expectations should the drivers, the crews and the fans have?

I'm not a 'Pro-Mayfield' supporter; I'm a PRO-RACING supporter! NASCAR needs to thoroughly audit this new drug policy in regards to safety and fairness for everyone involved or associated with the sport; IFL should do the same.

It's sad to read comments with 'Pro-Gestapo' ideology.

Stay Classy NASCAR!
Posted By : Scott

Correction on TYPO: 'IRL should audit their d...

Message posted on : 2009-06-14 - 14:33:06

Correction on TYPO: 'IRL should audit their drug policy as well'.
Posted By : Scott

I read on NASCAR.com that mayfield tested positive...

Message posted on : 2009-06-14 - 15:26:28

I read on NASCAR.com that mayfield tested positive for meth! I'm sure most people know the effects meth has on folks. I agree that nascar should suspend mayfield and not allow him to return until he has completed a drug treatment program. I wouldn't care what driver it was, Johnson, Gordon, Earnhart JR, anyone, you abuse any drug, prescription or not, you should be suspended and heavily fined. All professional sports could learn alot from nascars drug policy, no list! Lists provide loopholes, when there is loopholes in any policy there will be people who will exploit them for their advantage. Look at the 48 team, they found a major loophole in the setup of their cars and exploit it every weekend. People like that are simply douchebags!
Posted By : Anonymous

Scott apparently does not have the ability to expr...

Message posted on : 2009-06-15 - 18:40:06

Scott apparently does not have the ability to express a cogent opinion, so he resorts to name-calling--kinda like a school-yard bully.

Scott, look up the defintion of big words before you use them-- communist

All I did was qoute what IRL's policy is. That's it. NO OPINON!!! Sorry for you if you don't want to hear the truth.
Posted By : elena

congrats on the right-on predictions about the Pho...

Message posted on : 2009-06-16 - 19:25:10

congrats on the right-on predictions about the Phoenix Coyotes's next move!
Posted By : Anonymous

Thanks Anonymous, I appreciate that. I would have...

Message posted on : 2009-06-17 - 23:23:14

Thanks Anonymous, I appreciate that. I would have been stunned if the bankruptcy judge held in favor of the Coyotes -- and I bet the Ninth Circuit would have been stunned, too.
Posted By : Michael McCann

In total, Mayfield earned a solid 33 million dolla...

Message posted on : 2009-06-18 - 02:57:57

In total, Mayfield earned a solid 33 million dollars as a driver during his whole career in Nascar. Yet, Mayfield always seem to be implicated in some controversy, one way or another, ending up in paying out huge amounts in lawyer fees. What a waste ! Mayfield was supposed to be building up a new racing team. This man is a disgrace to his team members, his sponsors, Nascar, fans and anybody involved.
Posted By : Anonymous

You also...join with us.....!!!! Shop to Fundrais...

Message posted on : 2009-06-18 - 07:35:59

You also...join with us.....!!!!

Shop to Fundraise creates health, wealth and prosperity for non-profit organizations. Originally founded as a way to support youth sports clubs, Shop to Fundraise will work for any non-profit organization.

It is currently being supported by former NBA player, Jerome Williams; former NHL players, Randy Burridge, Jayson More, Pokey Reddick and Bob Sweeney; former U.S. Soccer professional, Eddie Henderson; and former professional Figure Skater, Surya Bonaly.

http://www.shoptofundraise.org
Posted By : Fundraising for non profit organization

I'm still waiting for Congress to investigate ...

Message posted on : 2009-06-19 - 18:58:45

I'm still waiting for Congress to investigate who is responsible for this leak. IF Sammy did steroids, shame on him. However, as for the lawyer who breached the court's confidentiality order to scoop the New York Times on this story, DOUBLE SHAME!

Baseball's drug testing results were under seal. While baseball players may not have a formal code of ethics, lawyers do. And there is little doubt this code of ethics is breached when a lawyer purportedly shares with the media sealed, confidential information.
Posted By : Marc Edelman

They should just make the list public. Great blog...

Message posted on : 2009-06-20 - 06:27:39

They should just make the list public. Great blog looking forward to your future posts.
Posted By : FOOTBALL MAN

I really hope the conduct policy is addressed in t...

Message posted on : 2009-06-21 - 13:41:36

I really hope the conduct policy is addressed in the CBA negotiations. This is a sham, the NFLPA isn't worth a damn if there is no recourse for players in these 'make'em up as you go and give in to the public's whims' rules that Goodell seems to follow.
Posted By : Miranda

How would this change affect the relationship btw ...

Message posted on : 2009-06-22 - 23:17:42

How would this change affect the relationship btw MLB and MLBPA? How would the likely differences between the Michael Weiner leadership and Don Fehr leadership in their philosophies and styles? Any insights?
Posted By : apple

'...it means lower prices, more innovation an...

Message posted on : 2009-06-23 - 18:45:43

'...it means lower prices, more innovation and better customer service'

I have never seen these terms used before to describe cable tv.
Posted By : SkeptiSys

You mention the leagues that have gone out of busi...

Message posted on : 2009-06-24 - 17:02:24

You mention the leagues that have gone out of business but don't mention that MLS is still around. It's still a single-entity in name, although I think the teams have a lot more leeway than a decade ago.
Posted By : Oscar M.

Who will likely challenge this? Who do you think w...

Message posted on : 2009-06-26 - 11:53:38

Who will likely challenge this? Who do you think would prevail in such a challenge and why?
Posted By : Anonymous

In fact, advertising trade associations have state...

Message posted on : 2009-06-26 - 15:18:41

In fact, advertising trade associations have stated that they plan a challenge to sections of the law. Also, smaller tobacco firms may challenge the advertising restrictions because such restrictions may hurt their chances to increase market share.
Posted By : Mark Conrad

I don't think the advertising restrictions wit...

Message posted on : 2009-06-27 - 00:45:11

I don't think the advertising restrictions withstand constitutional challenge. The Court (and specifically Justices Stevens and Thomas) has become very impatient with efforts to halt advertising as a way to limit demand for a lawful product (tobacco, alcohol, casinos). The government is going to rely on heavily on statistical evidence showing links between advertising and tobacco use among children. But that will not save the stadium advertising restriction, because stadiums are places frequented primarily by adults (or adults and children).
Posted By : Howard Wasserman

Does this new legislation limit the advertising re...

Message posted on : 2009-06-27 - 08:58:22

Does this new legislation limit the advertising restriction to tobacco 'brands' rather than tobacco companies?
Posted By : Anita

Michael, I just wanted to say that I'm a big ...

Message posted on : 2009-06-27 - 17:20:43

Michael,

I just wanted to say that I'm a big fan of the attention you've been giving to Brandon Jennings' European adventure. I can't understand why some pundits have been knocking Jennings' decision since it seemed like an awfully mature decision given his circumstances.

Though it's probably not for everyone, the move definitely paid off for Jennings. First off, for a kid from Compton who needed the cash and to help support his family, he got over a cool million to play, sponsorship money from Under Armour and, most likely, a paid place to live in Europe. He's not yet set for life but he's got a great financial head start.

Secondly, he got to experience foreign cultures first hand and see how grown men of different backgrounds interacted on a professional team. If you think the rivalry between East Coast and West Coast players is bad, you should try playing with - as Jennings did - with Western Europeans, Eastern Europeans, North Americans and South Americans. I would consider myself relatively mature but even I had some first hand lessons in cultural sensitivity while living in Europe for the past 1.5 years.

As for the issue of playing time, it's true that Jennings didn't play a whole lot but he got to experience the Euroleague first hand. The pressure of playing in front of those crowds is arguably more intense than any pressure that he would have faced at the NCAAs.

There may be some lingering questions about Brandon Jennings' maturity (and Bill Duffy's odd suggestion for Jennings to skip the green room and then reappear after being drafted certainly didn't help) but from what I can see Jennings got professional coaching, international experience and financial security for the measly cost of one year - a year that David Stern had needlessly taken from Jennings anyway (a probably top-10 pick even a year ago).

If I was an agent faced with a determined high school kid with mediocre grades and a desire for financial security prior to an NBA payday, I would be on the phone with Euroleague teams immediately. The worst case scenario is that the kid gets hurt but, if that is the concern, wouldn't DeJuan Blair be more of a cautionary tale?

Blair tore both ACLs in high school but recovered and had a fine career at Pitt. However, a reaggravation of the injury this past year certainly didn't help his draft stock and now he's got a non-guaranteed contract with the Spurs. He's lucky to be with a fine organization that needs him but either way he's now essentially at the mercy of R.C. Buford and Gregg Popovich.

In short, I'm glad Jennings got draft top-10 and proved the financial viability of the 'Eurotrip' model. Maybe this will finally put an end to the sham of the age floor and the enforced (allegedly) paid 'education' of one-and-done players like Derrick Rose.

I'm sure you've already mentioned all of this in your previous posts but I just wanted to share my thoughts with you and congratulate you on picking up on the Jennings story far earlier than most of the mainstream media.

Best,
Jason
Posted By : Jason Chung

Howard: I agree with you. I till be a tough job t...

Message posted on : 2009-06-27 - 22:02:38

Howard:

I agree with you. I till be a tough job to get through that last prong of the Central Hudson test and, interestingly, some of the more conservative justices (e.g. Thomas) have been forceful in their view that commercial speech should be entitled to heightened scrutiny, even strict scrutiny. Also, the argument that the limitations serve to perpetuate market share of the big companies may be persuasive.
Posted By : Mark Conrad

Howard, it seems your argument would make sense in...

Message posted on : 2009-06-28 - 11:03:23

Howard, it seems your argument would make sense in a school setting (high school and under), but not in place like NASCAR, IRL, NHRA/IHRA, and stadiums as many of those who go to the arenas, stadiums, racetracks, etc. are ADULTS (over age 21); seems also that it could not apply necessarily to billboards near those types of facilities (those who drive are largely of legal smokng age).
It is surprising, I agree, that there hasn't been a legal challenge to the ad restrictions yet, even by the large companies.
Posted By : Anonymous

This legislation didn't come as a surprise to ...

Message posted on : 2009-06-28 - 15:09:00

This legislation didn't come as a surprise to anyone, it is yet another avenue for politicians to control the private lives of Americans as well as control private businesses involved in lawful operations. SCHIP has already cost the city of Tampa over 500 jobs with the closing of Hav-a-Tampa as a direct result on the increased taxation and punishment of the Tobacco industry by Washington.

In no way are the advertising restrictions constitutional. If you want to look at the effect of such restrictions on sports, simply look at what happened to European leagues and teams after the European Union passed similar restrictions over the last 15 years.

If it moves, tax it. If it keeps moving, regulate it. And If it stops moving,
subsidize it.
Posted By : Jimmy H

Nice quote, Jimmy H! (that was from former Preside...

Message posted on : 2009-06-28 - 15:18:17

Nice quote, Jimmy H! (that was from former President Ronald Reagan who was-jokingly- referencing the policies of Jimmy Carter and his administration!)
Posted By : Anonymous

Jason, Thanks for your terrific comments. You ra...

Message posted on : 2009-06-28 - 21:33:33

Jason,

Thanks for your terrific comments. You raise an excellent point about DeJuan Blair and the monetary loss he suffered (at least at this point in his career) as a result of the knee injury -- he is, as you note, just as much of a cautionary tale as any player who is deemed to have left school too early.
Posted By : Michael McCann

The Solicitor General does not have a very good re...

Message posted on : 2009-06-29 - 13:53:29

The Solicitor General does not have a very good record when it comes to the Supreme Court and sports antitrust. If memory serves, the United States was in disagreement with the Court's ultimate ruling in Brown v. Pro Football as well.

With that said, I think the Supreme Court was right to grant certiorari, as there seems to be a real hole in the 7th Circuit's reasoning that extended cooperation amongst separate competitors obviates an antitrust violation (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1291974).
At the same time, however, I fear that certain members of this particular court may seek to use this case to provide unusually structured businesses, such as sport, with an even broader loophole.

Interestingly, Justice Stephens was a dissenting voice in the 1984 case Copperweld, in which he did not even want to extend the single-entity defense to a company and its wholly owned subsidiary. I would love to see Justice Stephens' reaction to the 7th Cir. reasoning in American Needle, which seems to take Copperweld and twist it into something far broader and more concerning.
Posted By : Marc Edelman

The Solicitor General does not have a very good re...

Message posted on : 2009-06-29 - 13:55:32

The Solicitor General does not have a very good record when it comes to the Supreme Court and sports antitrust. If memory serves, the United States was in disagreement with the Court's ultimate ruling in Brown v. Pro Football as well.

With that said, I think the Supreme Court was right to grant certiorari, as there seems to be a real hole in the 7th Circuit's reasoning.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1291974).

At the same time, however, I fear that certain members of this particular Court may seek to use this case to provide unusually structured businesses, such as sports leagues, with an even broader exception.

Interestingly, Justice Stephens was a dissenting voice in the 1984 Copperweld case, in which he did not even want to extend the single-entity defense to a company and its wholly owned subsidiary. I would love to see Justice Stephens' reaction to the 7th Cir. reasoning in American Needle, which seems to take Copperweld and twist it into something far broader and more concerning.
Posted By : Marc Edelman

Nice post, Gabe. I agree completely that the NFL,...

Message posted on : 2009-06-29 - 17:52:48

Nice post, Gabe. I agree completely that the NFL, NBA, and NHL have little to lose and (potentially) much to gain at the Supreme Court.

However, while the Seventh Circuit's opinion in American Needle is certainly in the minority, I wouldn't characterize it as a complete outlier. Other appellate courts have previously indicated some receptiveness to the sports leagues' single entity argument prior to American Needle. Indeed, the Seventh Circuit itself previously considered the single entity issue in the 1996 case of Chicago Professional Sports Limited Partnership v. National Basketball Association, and while not going as far as American Needle, did acknowledge that the leagues' single entity argument may have merit in some cases, with Judge Easterbrook advocating an analysis considering the single entity issue 'one league at a time - and perhaps one facet of a league at a time.'

The Third Circuit also expressed some receptiveness to the NFL's single entity argument in the 1983 case of Mid-South Grizzlies v. National Football League. That court appeared to accept the NFL's argument that no intra-league competition occurs between member-teams in most league markets. However, the court did express concern over potential, hypothetical competition between two teams located in the same geographic market (say, New York City), and on that basis resisted a categorical declaration that the NFL was a single entity. The Mid-South Grizzlies court suggested, however, that the single entity analysis may vary depending on the facts before the court, therefore seemingly leaving the door open for future sports league defendants to reassert the single entity defense in that circuit. Thus, while American Needle certainly is in the minority, I don't believe it is a complete outlier.

At the end of the day, by my count the scorecard reflects that the First, Second, Ninth, and D.C. Circuits have rejected the single entity argument, with the Seventh and perhaps Third Circuits being more receptive to the leagues' argument, at least in certain contexts. Considering the fact that three of the majority circuits (the Second, Ninth, and D.C.) ruled prior to the Supreme Court's opinion in Copperweld, I have previously argued that reliance on these precedents is dubious (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373067). Regardless, I believe that a strong argument can be made that the prior decisions rejecting the NFL's single entity defense were wrongly decided (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373065).

In any event, today's grant of cert by the Supreme Court sets up a fun year ahead for sports law enthusiasts.
Posted By : Nathaniel

Hi Gabe, Great post as always. You make the job o...

Message posted on : 2009-06-29 - 18:52:09

Hi Gabe,

Great post as always. You make the job of us non-antitrust experts alot easier.

I have a question/comment. While it is true that a 'loss' for the NFL would maintain the status quo with regard to antitrust scrutiny, but would subject the league to expensive antitrust litigation, which it would like to avoid (did anyone say 'Raiders?'). I would think that all the 'traditional' pro sports league would love to have the antitrust albatross off their backs.
Posted By : Mark Conrad

Nathaniel: Great to hear from you, and congratula...

Message posted on : 2009-06-29 - 18:57:33

Nathaniel:

Great to hear from you, and congratulations on your professorship at Georgia Business School. It's great to have more sports law voices weighing in on these issues.

I am on board with most of what you say about the circuit split (in other words, that our Solicitor General was wrong). However, with respect to the Second Circuit, take a look at some of the language from Madison Square Garden v. Nat'l Hockey League. In my mind, that case seems to indicate that the Second Circuit will continue to adhere to its view in NASL v. NFL.

Also with respect to the Third Circuit opinion in Seabury, I'm sure Gabe will chime in shortly. Gabe had a great post a few months back, where he discusses why he didn't think that case was on point. I tend to agree with him; however, I would be interested to hear why you disagree.

All the best.
Marc
Posted By : Marc Edelman

Really interesting in's and out's to that ...

Message posted on : 2009-06-29 - 21:43:31

Really interesting in's and out's to that issue. I tend to think in light of the scruitiny under anti trust laws its easy to think of them as a single issue because they would be in competition with the NBA MLS and so on. But I am not sure. Keep us posted Good article!

Mike

TOPEKA ATTORNEY
Posted By : Mikethelawstudent

I think stubhub is the death to sports as we know ...

Message posted on : 2009-07-04 - 13:25:10

I think stubhub is the death to sports as we know it. I am a 14 year old kid and already learned the hard way that stubhub cant be trusted. The people running it are greedy and dont give a damn about any one. They charge 15% from the buyer and the seller. If i am on this boat alone i will single handedly bring down stubhub and make that company full of greedy jerks pay
Posted By : the quest to kill stubhub

Kudos to Stephan, maybe he read Karcher's law ...

Message posted on : 2009-07-04 - 15:06:26

Kudos to Stephan, maybe he read Karcher's law review articles!
Posted By : Anonymous

So as I have read it, he signed a paper agreeing t...

Message posted on : 2009-07-05 - 00:09:59

So as I have read it, he signed a paper agreeing that he did something 'Banworthy' but not admitting what it was. This document also stated that he could apply for reinstatement after one year. Then 2 years after this happened, the rules were changed which procluded him from making it into the HOF. I'm no legal expert, but in nearly every instance that I can think of, such rule changes are not retroactive. Which to me means that people on the 'Banned List' before this rule was enacted would not have been effected by it. The only thing I can see here is that it appears as if this rule was put designed specifically to keep Pete Rose out of the HOF. That makes it personal. Some person or group of persons, (for whatever reason they may have) has decided that it was up to them to keep Pete Rose out of the HOF and they set about doing that. His inclusion shouldn't be about someone's feelings about him, it should be about his records and accomplishments. I believe he earned his place there. I believe he deserves a place there and I believe someone is or has screwed him out of his rightful place there. Thanks for the time and place to present my thoughts on this matter...
Posted By : BealzaBob

Smart move by Stephon, but if this becomes a trend...

Message posted on : 2009-07-05 - 20:37:41

Smart move by Stephon, but if this becomes a trend who is to say the NBAPA will be acting in the best interest of athletes, especially the younger ones best financial interests.
Posted By : Anonymous

i love the style, i have several similar one, i u...

Message posted on : 2009-07-05 - 22:37:31

i love the style, i have several similar one, i usually wear them to work or shopping. Please come visit my site Free Adult Entertainment when you got time.
Posted By : Night Life

You owe a very nice and interesting blog. Please ...

Message posted on : 2009-07-05 - 22:40:20

You owe a very nice and interesting blog. Please come visit my site EadvertisingNetwork when you got time.
Posted By : Promotion

It can work for an individual player or a small gr...

Message posted on : 2009-07-06 - 13:18:45

It can work for an individual player or a small group of players...but it does not work for the collective...or a large number. Players are unique and each have unique interests. The Players Associations are not equipped to handle these unique interests for a wide variety of individuals. Furthermore, the conflicts as mentioned are real and it would not be in the Associations best interest to have a multitude of players potentially questioning their motives and decisions in helping guide their careers. I belive that those who espouse this theory have likely never worked for a professional athlete before. I say that with all do respect to Rick, but professional athletes are a different breed by nature and to lump them together for purposes of negotiating their individual player contracts would be suicide for any indiviual union.
Posted By : Anonymous

I think politicians in general have a worst public...

Message posted on : 2009-07-06 - 15:59:48

I think politicians in general have a worst public image than almost any other career out there. Even the image of lawyers is improving!! http://lawblog.legalmatch.com/2009/06/18/trusting-americas-lawyers/
Posted By : Anonymous

I'm by no means a Jeremy Mayfield fan, and jus...

Message posted on : 2009-07-06 - 21:57:25

I'm by no means a Jeremy Mayfield fan, and just BARELY qualify as a NASCAR fan, but simply the way the drug policy is written, you can tell plainly, that it's NASCAR's typical 800lb Gorilla tactic.

He has been torn apart in the media, lost sponsorship, noone will allow him to drive for them, and if you read the filings, which NASCAR has *NOT* disputed, the entire testing process appears to have been run by a busful of monkeys!!

I'm not saying he's clean - I'm not saying he's not. But, 1) He does NOT have the appearance of a drug-addicted person, especially to the extent that Aegis/NASCAR claim, what with the amount they claimed he had in his body!!

Solution is simple:

Take a paid volunteer as a surrogate, and confine the person. Take urine samples A, B, C, and D. Send sample A to an approved drug-testing facility. If all is fine, proceed to taking sample E and F. Now, give this person the dosage Mayfield claims he took, wait 24 hours (as he said he did) and take samples G, H, I, and J.

Take sample G, and test at the SAME lab that tested sample A.

If B was never used, take sample B and H to Aegis IN PERSON WITH A COURT-ORDER, and have an IMMEDIATE TEST done, with NO PRIOR NOTICE given to Aegis, and check the results.

Simple, really. For a positive, you have PLENTY of other sealed sample to test at other facilities, as I suspect Aegis is a bunch of twits, especially with the omnipotent Dr. Black claiming that it is IMPOSSIBLE that Claritin-D+Adderall caused the false positive.

Me thinks Black has bit off a bit more than he can chew, by stating, in no uncertain terms, that it is IMPOSSIBLE for the false positive to be the result of the mixing of those 2 medications.

FWIW - several on-air personalities have run this sample test, and ALL have come to the SAME conclusion: Adderall + Claritin-D = methamphetamine positive urine test.

You also see in the court filings that Aegis opened up sample B, instead of leaving it sealed for a second lab, per proper procedures. They also never took Mayfield up on his offer for a hair follicle/2nd utine sample (48 hours later).

I mean, seriously Aegis/NASCAR, how stupid do you think the public is? A hair sample will bring the truth! If Mayfield's utine test failure showed a level of methamphetamine that would leave a person incapacitated, surely he didn't just decide on April 30 / May 1st to take a near-lethal ose of Methamphetamine on a whim? oh, gee, I think I'll pop a BUTTLOAD of meth for no reason.

Yeah, right.

A habitual user would fail the hair test quite handily.
Posted By : Anonymous

Excellent points. Continue your good work coaches...

Message posted on : 2009-07-07 - 03:14:52

Excellent points. Continue your good work coaches. To the players congratulations too for having the spirits of a real player.
Posted By : Stylecoach

the car, a mechanical invention controls everythin...

Message posted on : 2009-07-07 - 12:38:57

the car, a mechanical invention controls everything in this event. if you say nascar is a sport, then drag racing where all you do is push the gas and drive straight is a sport. Serious, how many moving parts are in the car, the car determines the race. I guess, Nathans Hot Dog eating contest is a sport, chess is a sport, Jeopardy is a sport.
Posted By : Anonymous

Wow! Thank you! I always wanted to write in my sit...

Message posted on : 2009-07-08 - 00:32:37

Wow! Thank you! I always wanted to write in my site something like that. Can I take part of your post to my blog? Please come visit my site WeddingDressCake when you got time.
Posted By : Wedding Reception

Awesome article, definitely liked the info provide...

Message posted on : 2009-07-08 - 00:33:03

Awesome article, definitely liked the info provided. Just subscribed to your blog. Great stuff! . I am new to seo, trying to visit more seo blogs for guides and tips. You can be friends with me. Please come visit my site Wild Life And Park when you got time. Thanks.
Posted By : National Wildlife Refuges

I think that the whole agent system needs to be re...

Message posted on : 2009-07-09 - 13:33:32

I think that the whole agent system needs to be reorganized, but I'm not sure that letting the players associations take the lead is the best solution.

While an agent certainly can have a conflict while representing more than one athlete, who is the PA's chief concern? The individual player or the the group of players as a whole?

If it is the individual player, then wouldn't each negotiation for higher compensation be contrary to the interest of the other individual players? After all, there are only so many $$$ available (or perhaps we are waiting for a bail out to pay higher salaries...)

If the PA is supposed to look after the interest of the group as a whole, then can it effectively represent the interest of the individual player? Again, there are only so many $$$ to go around.

This being said, the current system is far from perfect.

A hypo for anyone that is interested in weighing in:
An agent (who is also an attorney) negotiates a contract for a major star and takes the 4% commission. Assuming we are talking about a major contract, is it a reasonable fee for an attorney to charge in a contract negotiation based on the time spent and compensation received? The agent is presumably still bound by the rules of professional responsibility
right?
Posted By : Jimmy H

Jimmy, You raise a good point about the conflict ...

Message posted on : 2009-07-09 - 14:24:06

Jimmy,

You raise a good point about the conflict of interest issue, which I address in my article that Michael linked to in his post, but I think that concern may be overblown. If anything, it's probably more a perceived conflict than an actual conflict.

But to the extent it is a problem, doesn't that same problem currently exist with the major agencies that dominate in a particular sport, including representing multiple players at the same positions, and even more so, when they are up for free agency in the same year?

In any event, there is no compelling reason why it shouldn't at least be an option for players to choose -- let them decide if it works or not. Nobody would suggest it should be mandatory that unions represent all players in individual contract negotiations --The players certainly wouldn't agree to that, nor should they!
Posted By : Rick Karcher

What do you all think of Marbury looking to play o...

Message posted on : 2009-07-09 - 21:02:51

What do you all think of Marbury looking to play overseas now? Is he being represented by the NBPA/Biagas in his overseas negotiation? Are opportunities in 'competing' leagues (leagues other than the NBA) an issue for the union as representation for the entire league model.
Posted By : NBASalCap

I don't know if Biagas is representing Marbury...

Message posted on : 2009-07-10 - 08:35:58

I don't know if Biagas is representing Marbury in overseas negotiations. But even if he is, I don't see why it presents a problem. The union does not act as representative of the 'entire league model.' Under the labor laws it is the exclusive representative of the players regarding employment matters with the NBA, meaning that no other entity or person can represent them regarding employment matters with the NBA unless authorized by the union. However, this does not mean that the union is not permitted to represent players in other matters, legal, financial or otherwise, including negotiating a contract on behalf of a player with a team from another league.

As far as a conflict is concerned, I don't see how the union/Biagas would be compromising the best interests of other players if Marbury negotiates and/or signs with a competing league. If anything, one could argue that competition from other leagues is good because it drives up player salaries.
Posted By : Rick Karcher

Rick, I disagree emphatically with your contentio...

Message posted on : 2009-07-10 - 19:53:09

Rick,

I disagree emphatically with your contention that the conflicts may be overblown. Any agent will tell you that players are EXTREMELY sensitive when it comes to the negotiation of their individual contracts, as they should be. Players have a finite window of opportunity to maximize their financial interests. Think about the amount of player mobility when it comes to hiring and firing their respective agents. Players do this for a variety of reasons. One of the main reasons why players fire agents is because of a percieved lack of individual interest in them as a person and client, i.e. players don't think you are 'working hard enough for them as an individual.' Furthermore, one point that I think you miss, is the fact that negotiating a contract is only one aspect (albeit the most important) of representing a player. What about securing a players services with a club/team? Who does that? Who pushes or markets a player to the teams? Do you think that players are going to understand and be amenable to the union making decisions on what players and teams are a good fit? How can you do this without real conflict in a free agent pool when you are talking about finite dollars and opportunity? And what about the many players that struggle to even find jobs?
Posted By : Anonymous

Anon 7:53, Are you an agent perhaps? All kidding...

Message posted on : 2009-07-10 - 21:52:40

Anon 7:53,

Are you an agent perhaps?
All kidding aside, I think in some instances the union could adequately represent a player. A known player that has already created a market for himself could reasonably expect the union to effectively negotiate a contract. In Rick's defense, I think some of the above posts already speak to the issues you point out. Nobody is saying that agents should be replaced by the union negotiators, simply that it should not be ruled out as a viable option. If a player is struggling to find a job, he will pay the higher commission and go with an agent who will aggressively market him. The flipside is that players who are struggling to get a spot will probably not have access the best agents eitherâ€¦

Rick,

I'm not so sure that the conflict I raised earlier is more perceived than actual. That being said, I would also reason that an agent representing two similar players would have a conflict. It is simply up to the player to decide if he wishes to accept the conflict and trust that the negotiator (agent or union rep) will zealously represent that player's individual interest.

And to go a bit off topic:
I think that the more important conflict to consider is the agent-attorney. Are you an agent first, attorney second? A few professional conduct issues to consider: Unreasonable fees (Rule 1.5), conflict of interest when representing other players, and solicitation (Rule 7.3). While it may be commonly accepted that the agent-attorney is held to a lesser standard when performing duties as an agent, I would argue the opposite. The agent that uses his credentials as an attorney to bolster his status as an agent should be held to a higher standard. But that is probably a discussion for another day and another topicâ€¦
Posted By : Jimmy H

Nice to see your blog

Message posted on : 2009-07-10 - 23:19:39

Nice to see your blog
Posted By : Megaan

Jimmy, This conflict issue is a fascinating topic...

Message posted on : 2009-07-11 - 07:13:27

Jimmy,

This conflict issue is a fascinating topic, and one that I have spun around in my head numerous times. It is an extremely complex issue that involves multiple areas of law, including labor law, rules of professional responsibility governing lawyers, common law agency principles, and each union's agent regulations. There are also various types of conflicts. Business conflicts are not the same as legal conflicts, and within those two categories there are perceived and actual (both direct and indirect) conflicts. Like most complicated legal questions, it doesn't lend itself well to a blog discussion (which is partly why I've decided to substantially reduce my blogging time this year).

Regarding your last comment, keep in mind that although non-attorney agents are not bound by lawyer professional conduct rules (i.e. rules regarding reasonable fees and solicitation), they are bound by common law agency/fiduciary duty laws that require agents to avoid conflicts of interest (which is not all that different from a lawyer's duty).
Posted By : Rick Karcher

With all due respect Ken you argument lacks apprec...

Message posted on : 2009-07-13 - 01:10:02

With all due respect Ken you argument lacks appreciation of the peculiar economics of pro team sport; and LCN, it is more than a corporate governance issue.

Competitive imbalance - the lack of a reasonable hope that a fan's team might enjoy a level of success is due to all of poor manaegment, poor governnace and the underlying economic structure of the disparity in earning capacity between large-revenue and small-revenue teams. Ken, your argument is just too simplistic and LCN, you're missing half the point
Posted By : Rob

Interpretation of the article from the minority se...

Message posted on : 2009-07-13 - 08:21:09

Interpretation of the article from the minority section of the bleachers.... (political minority that is...)

We need more wise latina women as baseball umps to bring empathy to the field! Sometimes a corked bat and extra pinetar isn't cheating just beacause the rules say so...

Interesting article though
Posted By : Jimmy H

Marc, I disagree with your assertion that the uni...

Message posted on : 2009-07-15 - 17:07:40

Marc,

I disagree with your assertion that the union would be at risk of breaching the DFR for failure to file a grievance regarding possible collusion. There is precedent that failure to file grievances on behalf of players does not meet the standard for breach of DFR.

I think the union's decision whether or not to file a grievance regarding collusion will be based upon the evidence it has gathered (or lack thereof), not based upon fear of a possible DFR claim.
Posted By : Rick Karcher

What bother me is that if a washed up, steroid jun...

Message posted on : 2009-07-15 - 17:47:31

What bother me is that if a washed up, steroid junkie is rebuffed by teams for obvious reasons- that's collusion.

This is why the sport I loved with a passion is one I barely notice anymore. Unbearably whiney players always crying and getting more $$$$$$$$$ when their demands aren't met.
Posted By : BLAZER PROPHET

This judge is an unusal person. She can be one who...

Message posted on : 2009-07-15 - 17:50:54

This judge is an unusal person. She can be one who strictly adheres to the law or one who adjudicates completely on emitions and a desire to help those who are minorities in total disregard to the law.

In the end, I was hoping for someone who was less of an activist and more of a judge. On the other hand, she is replacing an activist and countering one on the right- Alito.
Posted By : BLAZER PROPHET

Rick, Do you have names or citations for any of t...

Message posted on : 2009-07-15 - 18:27:59

Rick,

Do you have names or citations for any of these DFR cases in sports? I would like to give them a read, especially if you think that I'm interpreting the DFR too broadly.

The one DFR case that pops to my head in sports is Peterson v. Kennedy & NFLPA. However, I find that particular case distinguishable because there the union filed the wrong grievance on Peterson's behalf rather than no grievance at all.
Posted By : Marc Edelman

Is she unfit? I'm not sure... Some of her comments...

Message posted on : 2009-07-15 - 21:19:34

Is she unfit? I'm not sure...
Some of her comments the last 10-15 years show cause to at least ask the question without being called a bigot or a racist, no?

So far Senator Graham has been the most spot on:

I'm pretty well convinced I know what you're going to do. You're probably going to decide cases differently than I would. So that brings me back to, what am I supposed to do knowing that?

I don't think anybody here worked harder for Senator McCain than I did, but we lost, and President Obama won. And that ought to matter. It does to me.

Now, what standard do I apply? I can assure you that if I applied Senator Obama's standard to your nomination, you -- I wouldn't vote for you, because the standard that he articulated would make it impossible for anybody with my view of the law and society to vote for someone with your activism and background when it comes to lawyering and judgingâ€¦Now, there was a time when someone like Scalia and Ginsberg got 95-plus votes. If you were confused about where Scalia was coming down as a judge, you shouldn't be voting, anymore than if you were a mystery about what Justice Ginsberg was going to in these 5 percent of the cases. That is no mystery.
Posted By : Anonymous

Great ideas about to the Context matters,I think ...

Message posted on : 2009-07-16 - 06:37:41

Great ideas about to the Context matters,I think Context matters is that How questions relate to one another is used by the analysts to understand who might have been asked the question and the skip patterns.
Posted By : Anwalt

Mike, Nice job with the essay, it was an enjoyabl...

Message posted on : 2009-07-16 - 09:43:02

Mike,

Nice job with the essay, it was an enjoyable read. I thought you made an interesting connection between Judge Sotomayor's opinion in Silverman and the criticism she has received regarding prioritizing judicial compassion over adherence to the law. I hadn't thought of Silverman in that light before.

In Judge Sotomayor's defense, some might argue that the owner's competitive balance concerns weren't particularly credible in 1994-95, as competitive imbalance really didn't begin to manifest itself in league standings until the late-90s and early-2000s. For instance, Montreal was running away with the NL East at the time of the 1994 strike, and Pittsburgh had recently won three straight division titles, while the Yankees hadn't visited the playoffs in over a decade. In any event, though, it is an interesting insight.

I also noticed the reference in the essay to your forthcoming article in the Yale Law Journal considering the potential implications of the American Needle case. Congratulations on an outstanding placement. Please do let us know when you are ready to make a draft publicly available, I very much look forward to reading the article.
Posted By : Nathaniel

Marc, Collusion is a complicated, fact-intensive ...

Message posted on : 2009-07-16 - 10:03:51

Marc,

Collusion is a complicated, fact-intensive issue that impacts or involves more than one player. A breach of DFR in this context would be a challenge to the union's decision whether or not to file a grievance, which most courts are not going to allow especially given the complexity of the issue.

I do think Peterson is applicable here because the court also noted that an error in judgment made in the processing of a grievance doesn't establish a claim. Put it this way, if negligence in the filing/handling of a grievance doesn't even meet the standard for breach (as in Peterson), surely a decision whether or not to file a grievance shouldn't meet the standard either.
Posted By : Rick Karcher

Thanks for expanding, Rick. I certainly agree wit...

Message posted on : 2009-07-16 - 11:25:43

Thanks for expanding, Rick. I certainly agree with you at least to the extent that bringing a DFR claim, in any context, is an uphill battle. I just wanted to make sure there wasn't a sports case other than Peterson that I was missing.
Posted By : Marc Edelman

Nathaniel, I really appreciate those nice words. ...

Message posted on : 2009-07-16 - 15:44:27

Nathaniel,

I really appreciate those nice words. I've found your sports law scholarship to be tremendously insightful, and look forward to reading more of it. Also, congrats on landing the professor position at the University of Georgia -- that is great news. I look forward to posting a draft of the Yale piece at some point and will be interested in your comments and reactions.

Blazer and Anonymous,

Thanks for your comments. It does seem that recent Supreme Court nominees--Roberts, Alito, and now Sotomayor--have ducked some of the Senators' questions. I'm not sure whether nominees were more revealing of their ideologies in previous confirmation hearings, but I believe they were--or at least they were until Robert Bork's hearing in 1987, where his candor didn't seem to help him.
Posted By : Michael McCann

So why are they called to testify? Why is it that ...

Message posted on : 2009-07-16 - 22:24:47

So why are they called to testify? Why is it that the opinion of celebrities/pro-athletes seems to hold more clout than an opinion should on matters that are out of there areas of expertise?
Posted By : Michelle

By there I mean their...

Message posted on : 2009-07-16 - 22:28:44

By there I mean their...
Posted By : 1568lavertm

I believe Cone's main point was that Sotomayor...

Message posted on : 2009-07-17 - 09:58:18

I believe Cone's main point was that Sotomayor did, as a district court judge, what mediators, congress, and even the president of the US could not do, which was force both sides back to the table with clear rules on what was legal or not, and that there has not been a strike or lockout since.
Posted By : Anonymous

Let's throw in a new scenario here. Wasn't...

Message posted on : 2009-07-18 - 17:52:19

Let's throw in a new scenario here. Wasn't it some few years back when Mayfield was driving for Evernham, that some comments were made by Mayfield concerning Evernhams overall big picture outlook for the team, was being put on a smaller picture in the name of Erin? Then, Mayfields contract wasn't renewed? Then, Evernham went thru some kind of personal/family crisis? Hhmmm...may be some form of latter retaliation? I mean, there's a awlful lot of big money floating around NASCAR and one does have to watch where one steps.
Not pro Mayfield or pro NASCAR either. Just maybe a bigger picture needs to be investigated here. Seems that NASCAR does think it's above the law of the land when dealing with some of its issues.
Posted By : Anonymous

Wasserman: Prediction: If the Court holds that ...

Message posted on : 2009-07-20 - 01:18:48

Wasserman: Prediction: If the Court holds that the NFL (and by logical extension, all other professional leagues and probably the BCS) is a single entity for Sherman Act purposes, given the dramatic consequences for players and fans described in the article, Congress will act to undo the decision very quickly and across party lines.

There's no telling what sort of mood Congress will be in, or what will be on its plate by the time SCOTUS hands down its decision in this case - and let's face it, with the economy still in shambles, any sports-related bill, no matter how well-intentioned, is bound to smack of misplaced priorities. So I can easily see any reversal effort get lost in the shuffle, or perhaps worse yet, fall victim to horse-trading with respect to other, higher-priority legislation. On the other hand, they could always push through a reversal as part of yet another economic stimulus package...
Posted By : Joshua

Maybe you can help me with something...I read Muns...

Message posted on : 2009-07-20 - 02:09:38

Maybe you can help me with something...I read Munson's piece and agree with most of what you said here. What I was having trouble understanding is why this possible change would increase prices for tickets? (as Munson mentioned it would) If player/coaches salaries go down, TV pays more for the right to televise, and assorted other advantages to the owner that increase their revenue...how does this translate into higher ticket prices? I understand the higher merchandise and TV prices because of the new heightened competition for the exclusive rights...but with all this going for the owners, wouldn't they then be able to lower prices? Perhaps somebody could clear this up for me?
Posted By : Timothy

It is a great ideas an info so for,In my point of ...

Message posted on : 2009-07-20 - 02:46:08

It is a great ideas an info so for,In my point of view judicial philosophy and the otomayor's opinions is absolutely right.The order will be deemed to be an English contract.
Posted By : Anwalt

Register, Complete the offers and competition entr...

Message posted on : 2009-07-20 - 05:14:35

Register, Complete the offers and competition entries earn the required point to redeem your free gaming gift. Free Counter Strike, Free Call Of Duty, Free Left For Dead, Free Team Fortress 2, Free Far Cry 2, Free Half Life, Free iRacing, Free LFS
Posted By : Gaming Freebies

I really liked your blog! You have some great cont...

Message posted on : 2009-07-20 - 05:21:50

I really liked your blog! You have some great content. Please come visit my site
http://www.partyrockstars.com
Chicago Business Directory
when you got time.
Posted By : Party Favor, Wedding Planner

Timothy: Fair point; after all, it's not as i...

Message posted on : 2009-07-20 - 07:24:05

Timothy:

Fair point; after all, it's not as if individual teams are doing all that much to hold down prices under the current structure. Maybe Munson is suggesting that prices will increase not at the top, but that league-wide prices would rise overall if set at the level of the current highest team (i.e., tickets in Kansas City and Green Bay would be raised to New York or Dallas levels). Or maybe he was spinning off the argument that anything that frees the owners from regulation will result in higher prices.

Joshua:

The overriding legislation would be pretty straightforward--'Single entity shall not include sports leagues comprised of multiple, separately owned franchises engaged in competition.' And Congress would argue, not inaccurately, that it is acting to protect the financial and comfort interests of fans (see my answer to Timothy, above) and small businesses, which would make this a very popular bill. It would be different than the steroid debacles or Orrin Hatch throwing his weight around because Utah was snubbed by the BCS, both of which look like grandstanding with no tangible effect on the lives of the public.
Posted By : Howard Wasserman

Howard, Excellent post. I agree with you that a ...

Message posted on : 2009-07-20 - 07:58:18

Howard,

Excellent post. I agree with you that a decision in favor of the NFL creating a broad exemption would then shift it to the halls of Congress, whether that takes the form of a complete override or individual exceptions to the exemption (i.e. a labor exception). On the labor front, I don't think a ruling in the NFL's favor would be the death nill for players, as some apparently see it. Until sports fans and media conglomerates are willing to spend billions of dollars on replacement/'scab' players, market forces will trump anything the courts or congress does or doesn't do, because unlike any other united unionized workforce in this country the players don't just make the product, they ARE the product.

Lastly, the single entity issue has been beat to death for decades in numerous cases, law review articles, treatises, conferences and symposia, sports law classroom discussions and moot court competitions. The legal arguments on both sides have been exhausted, and no rock has been unturned. Marc made an excellent comment in Munson's article regarding the Supreme Court's focus on economic efficiencies. I think economics plays a more significant role in this issue than the law. The nation's top economists should be arguing this case in front of the justices rather than the nation's top lawyers.
Posted By : Rick Karcher

One quick correction to my comment above: Obviousl...

Message posted on : 2009-07-20 - 10:38:56

One quick correction to my comment above: Obviously, MLB will not face antitrust scrutiny under Section 2 or any other antitrust measure in the foreseeable future, due to its antitrust exemption. I do find it interesting though that the MLB Players Association is apparently intending to file an amicus brief in American Needle, presumably to protect its rights under the Curt Flood Act of 1998. The fact that the MLB union is taking such a step indicates that it does in fact value the rights obtained under the Act. This does not come as a surprise to me, personally, as I have recently argued that the impact of the Curt Flood Act has been more significant than was widely predicted at the time of its passing (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1373063).
Posted By : Nathaniel

I have an unrelated sports antitrust question that...

Message posted on : 2009-07-20 - 11:25:08

I have an unrelated sports antitrust question that's been bugging me -- I read that the Vikings are threatening to require anyone purchasing a ticket to the Green Bay game to also purchase a preseason game ticket. How is this not an illegal tie?
Posted By : RCP

I agree with you 100% just reading the facts of th...

Message posted on : 2009-07-20 - 15:07:28

I agree with you 100% just reading the facts of the case and her decision ought to be enough rather than asking people who obviously are going to be bias one way or the other.

Mike

TOPEKA ATTORNEY
Posted By : Mikethelawstudent

Great to follow these different people lobbying fo...

Message posted on : 2009-07-20 - 19:03:34

Great to follow these different people lobbying for your side. I hope that they do away with this requirement soon.
Congrats on the cite to your article.
Posted By : Edwin

I think Munson is entirely overstating the probabl...

Message posted on : 2009-07-20 - 22:15:23

I think Munson is entirely overstating the probable effects of SCOTUS affirming the American Needle decision. The approach the District Court took and the 7th Circuit affirmed was that sports leagues should be analyzed for single entity purposes on a 'one league at a time, one facet at a time' basis. So even if SCOTUS affirms, that only means leagues could definitively act as a single entity for the purposes of granting merchandising licenses. For any other aspect of league operations, courts would still have to perform an analysis to determine whether the league was a single entity for that purpose. For things like TV deals and IP licensing, the 7th Circuits holding that leagues are single entities seems pretty straight forward (and these facets have passed rule of reason scrutiny in the past anyway).

The big deal to me seems to be whether this case could lead to leagues being considered single entities for labor purposes. That is the only way most of the doom and gloom Munson predicts would happen. And I think it's pretty clear that while teams work together for TV deals and licensing, they are very clearly competitors within a market for labor. I really don't see a way that the 7th Circuit's holding could be extended to say that leagues are single entities for labor purposes. Obviously the NFL would like to see that happen, and this is the worst case scenario for unions, but unless the Court steps way outside the scope of the 7th Circuit's review I don't see it.
Posted By : William

amazing that no american readers could find the re...

Message posted on : 2009-07-21 - 01:13:44

amazing that no american readers could find the rest of the world sufficiently interesting to remark on this theme
Posted By : Anonymous

Great job!

Message posted on : 2009-07-21 - 05:52:28

Great job!
Posted By : ChikaBebe

NBA Pres. Litvin wrote that 'many employers r...

Message posted on : 2009-07-21 - 07:35:32

NBA Pres. Litvin wrote that 'many employers require job candidates to have post-high school experience...Given that, we do not understand your objection' to the rule, Litvin wrote.

The objection is very simple, and it is very understandable. While a single employer can certainly require job candidates to have post-high school experience, multiple employers cannot agree to implement such a requirement.

Because the union agreed to it, there is only one relevant issue (which the letters don't address), and that is whether the draft age requirement primarily affects the interests of people outside the collective bargaining relationship. If the answer is yes, it's very difficult to justify such a restraint on trade as being reasonable. The fact that it's 'good for the teams' or 'makes good business sense' is completely irrelevant -- such is the case with any agreement to restrain trade. It would also make very good business sense for all of the law firms in a metropolitan area to agree that they will only hire lawyers with a minimum of 1 yr. experience -- but so what?
Posted By : Rick Karcher

http://sports.sportsillustrated.cnn.com/racing/sto...

Message posted on : 2009-07-21 - 10:34:43

http://sports.sportsillustrated.cnn.com/racing/story.asp?i=20090720014008040000101&ref=hea&tm=&series=NASCAR

First off I don't consider Nascar a sport.

But look at this article. An 81-year-old actually being competitive in Nascar. An 81-year-old CANNOT be competitive in any REAL sport.

Imagine an 81-year-old playing on the professional Tennis tour, or playing in the World Cup, or taking a hit in Football. Oh you can't that's right, because they are sports and Nascar is not.

An activity where an 81-year-old can compete with 20 year olds is not a sport. Sorry.
Posted By : Anonymous

Howard: Thanks for your kind words. You make a n...

Message posted on : 2009-07-21 - 15:32:56

Howard:

Thanks for your kind words. You make a number of excellent points in your post.

At the same time, however, you might be overestimating the likelihood of Congress intervening to protect consumers should the court broadly rule in favor of the NFL teams. I believe this for the following reasons:

(1) While Congress has intervened in sports antitrust on a number of times (i.e., Sports Broadcast Act of 1961), it almost always has done so in favor of league interests. I think this could be the result of strong political lobbying by sports leagues, in contrast to the difficulty in organizing/lobbying faced by individual consumers/fans.

(2) Congress has rarely, if ever, intervened in sports matters in a manner to benefit the individual fan or consumer, to the detriment of league profits. A simple review of all Arlen Specter bills to regulate seem to reveal as much. While some of Specter's bills may border on the obsurd, Arlen Specter's proposals with respect to limiting federal funding to monoplist sports leagues were, for the most part, reasonable. Nonetheless, they failed.

(3) While Congress might enjoy investigating sports matters, they are often far slower to act than investigate. Remember, Congress had been looking at Baseball's monopoly power beginning with the Cellar Hearings in 1950. However, Congress did not pass any language to restrict/define Baseball's antitrust exemption until 1997, when both parties jointly petitioned Congress to do so.
Posted By : Marc Edelman

Let me start by saying thank you for starting this...

Message posted on : 2009-07-21 - 18:13:54

Let me start by saying thank you for starting this thread.. It bugs me to no end when politicians grandstand by using a sports issue rather than a 'more important national interest'.

So, why do they do it? My cynical point of view is that many voters know more about sports and entertainment than they do political issues. More people will know what was said during the grilling of a baseball player then will know what was debated before a vote on commerce, health care, or energy.

When is it acceptable for congress to get involved? Well, Im not sure. Was it acceptable to hold the steroid sessions? Maybe. If they held the hearing because the league looked the other way when players were blatantly violating federal law (yup, roids are illegal if not prescribed to treat a condition), and the leagues actions or inacations had a negative impact on 'the people', maybe its not such a bad thing for congress to look into it.

A hearing regarding whether a certain player cheated, is a waste of tax dollars. A hearing looking into how a private organization does its business, not beacause its illegal, but because its 'unfair' to a team that was left out... is a waste of tax dollars...
Posted By : Jimmy H

I agree with the argument made by Senator Hatch in...

Message posted on : 2009-07-21 - 18:15:27

I agree with the argument made by Senator Hatch in his recent op-ed in Sports Illustrated:

'All told, the BCS games generate
hundreds of millions of dollars
every year. If the government
were to ignore a similar business
arrangement of this magnitude
in any other industry, it
would be condemned for shirking
its responsibility. In essence,
those making the argument that
the BCS is too trivial a matter
to receive governmental attention
are saying that we should
hold colleges and universities
to lower standards of fairness
and ethical behavior than we
would a commercial entity. I
must respectfully disagree.'

http://hatch.senate.gov/public/index.cfm?FuseAction=DataPipes.ViewPDF&Id=36a8c224-1b78-be3e-e065-461aea5d2a48
Posted By : Anonymous

OK wondering - is this transfer exception only for...

Message posted on : 2009-07-21 - 19:06:33

OK wondering - is this transfer exception only for D1 schools? This is so hard to understand. My son is D3 wants to transfer to D2 (football) Does he have to sit out a year? Can he use the transfer exception? Would love to have some feedback
kdfairhurst3@zoominternet.net
thanks.
Posted By : Donna Fairhurst

Anon 6:15, I Agree, the BCS games generate hundre...

Message posted on : 2009-07-21 - 20:00:43

Anon 6:15,

I Agree, the BCS games generate hundreds of millions every year... but what exactly does the fact that there is a lot of money invovled have to do with anything?

The ncaa and the BCS are both private organizations that use a mostly subjective system for determining who plays in the BCS championship game. A school is not forced to take part in the BCS, and a season will never pass without some teams alleging that they were actually 'better' than this or that team. SO what exactly is congress supposed to investigate at their hearings? Should congress have the power to determine what criteria the BCS must use in order to determine the BCS Championship matchup?

Let me just say that I am no fan of the BCS, and I would prefer a playoff style championship. But should politicians have any say in it? Hell no! Again... Private organization, teams participate voluntarily, and it does not matter if there are 2 dollars or 2 trillion dollars invovled.
Posted By : Jimmy H

The BCS is fair game for the same reason that Ford...

Message posted on : 2009-07-21 - 20:49:35

The BCS is fair game for the same reason that Ford or Microsoft or Enron are fair game--they are major businesses working in interstate commerce, thus coming within Congress's regulatory authority, and thus its investigative authority.

The line Jimmy draws between 'fairness' and 'illegality' as to the BCS is unworkable and somewhat circular. It was the unfairness of the BCS that suggests it might be doing something illegal. Or, more importantly, the unfairness may indicate that what it is doing *should be* illegal and the law should be changed.

What makes Hatch's interest in the BCS look funny is the fact that his interest is based solely on the unfairness falling on Utah; if it had been Boise State, I doubt Hatch would have cared. But that is always true of Congress--the local representative is the one who brings issues to national attention.
Posted By : Howard Wasserman

Howard, I understand why its 'fair game&quo...

Message posted on : 2009-07-21 - 21:21:18

Howard,

I understand why its 'fair game', you can pretty much make anything fair game by using the commerce clause. My point wasn't really that it was outside congress's authority, simply that I don't think they should get involved in something just because they CAN. Because really, using the commerce clause, national security, or public health arguments, is there ANYTHING that congress does not have the authority to investigate?

Sorry for all the added emphasis by the way, but since you can't see my violent hand gestures when discussing government involvment in every aspect of humanity...well, you get the point...

I'm not convinced that my argument is circular and unworkable though. You claim that it was the unfairness on the part of the BCS that suggests that it may be doing something illegal. My question is: why is it unfair? Because not every team that claims to be the best gets a shot at the title game? Because it is not based solely on a win/loss record? (which wouldn't work either because you could have 10 teams with a perfect season as long as they schedule only weak opponents.

My main argument is that the BCS selection process is for the most part subjective. You have the computers that crunch out all kinds of numbers that are all at least suggestive of strength of a team, and then you have the voters... let's not even get started on that one.

Let's look at it from a different angle. Take the 'Miss America' contests. Competitors are judged based on beuty, 'talent', and some sort of gay marriage opinion. This contest generates less money than the BCS, but I would assume it still generates a good amount of money. Should congress hold a hearing as to who should have won the title? Im sure we can come up with at least one reason why congress's powers are triggered by the commerce clause, no?

Why is the BCS different?

When subjective reasoning is invovled, you cannot reach a conclusion that everyone will consider to be fair. The mere fact that someone feels slighted does not mean that something is illegal.
Posted By : Jimmy H

Excellent article , i just share it with my friend...

Message posted on : 2009-07-22 - 02:26:33

Excellent article , i just share it with my friend of Italy. I Stumble UP your blog post , you will notice an increase of traffic within 24 hours for targeted people. Cheers . Please come visit my site Torrance California yellow pages when you got time.
Posted By : Torrance California

Nice, I think it could be interesting to add some ...

Message posted on : 2009-07-22 - 02:28:12

Nice, I think it could be interesting to add some more entries following this one, and probably it's not only me having this opinion. Cheers! Please come visit my site Kansas City Kansas yellow pages when you got time.
Posted By : Kansas City Kansas

I am eager to follow this one. Any predictions on...

Message posted on : 2009-07-22 - 09:00:03

I am eager to follow this one. Any predictions on the outcome? With regard to liability, I really think the publicity rights claim is strong. I think that a jersey constitutes 'identity,' even with just a number, and the sales are certainly for a commercial purpose.

Except for counting jersey sales, however, it would seem that calculating damages could be difficult. For example, how do you figure out how much should be awareded for ad revenue generated by March Madness which is attributable to showing players in the NCAA's commercials? Or is that not a part of this suit?

What about the antitrust issue? Will the court be concerned that ruling against the NCAA on antitrust grounds would expose it to a flood of lawsuits, perhaps changing the landscape of major college sports?
Posted By : Wes

Another great article! Quick question on the ROP ...

Message posted on : 2009-07-22 - 09:17:42

Another great article!

Quick question on the ROP claim:
The NCAA has stated that the ROP belongs to the athlete, not the NCAA. But an important part of a ROP claim is that the use of a persons likeness be without consent. Clearly the athletes have consented by signing the student-athlete statement. Is the claim here that the consent is void based on contract principles?
Posted By : Jimmy H

Marc: Perhaps and I acknowledge that Congress nev...

Message posted on : 2009-07-22 - 13:54:08

Marc:

Perhaps and I acknowledge that Congress never acted on the antitrust point, despite much talk, for years. But if the consequences of a particular decision are as dire as Munson suggests (and I do not know enough antitrust to say) and if it generates enough noise, Congress might act.
Posted By : Howard Wasserman

Mike: I enjoy all of your work but especially enj...

Message posted on : 2009-07-22 - 15:49:29

Mike:

I enjoy all of your work but especially enjoyed this article. It's nice to see that O'Bannon got good counsel. The decision to file in the N.D. Cal. seems to make sense.

Jimmy:

Great question about the NCAA standard contract. While I cannot predict how a court would decide, if I were trying this case I would make the following four arguments about why the contract, if any, would be invalid: (1) the NCAA contract may be void for lack of consideration; (2) the NCAA contract may be void as a contract of adhesion; (3) 16 and 17-year old athletes may lack consent to waive their rights to publicity due to their status as minors; and (4) if the contract were separately found to violate antitrust laws, the contact could be void as illegal.

I am not sure exactly what theories will be argued; however, in my mind, there seem to be some doorways open.
Posted By : Marc Edelman

1. Consideration: What would you call free tuiti...

Message posted on : 2009-07-22 - 17:31:16

1. Consideration: What would you call free tuition, free room and board, free access to training facilitities and medical support, free individual training in their desired profession, free public exposure to potential employers, etc etc etc. How is that not consideration?

2. Certainly it is an adhesion contract, but that doesn't make it void.

3. Every Letter of Intent is signed by the parent or legal guardian, if the student is a minor.

4. That might work.
Posted By : sclawyer

Here's how the NCAA plays: 1. Make TONS of mo...

Message posted on : 2009-07-22 - 20:04:24

Here's how the NCAA plays:

1. Make TONS of money;
2. Distribute lots of it to some of its members (but not all);
3. Pay NO taxes then hide behind the 501 C 3 thingy and claim that it all adds to its mission and purpose of education;
4. Handle minor legal claims and try to use a smoke screen of issues (native american imagery; confederate flags; women's issues; pregnancy; disabilities...)for publicity purposes/public relations and to show how the organization fights for 'rights'....'BUT THEN'....
5. For possible BIG $$$$ losers like this claim or the BCS antitrust thingy, fight, fight, fight, fight, fight... then at the courtroom door....the brink of disaster....either SETTLE or somehow buy your way out of trouble (ala MIBA-NIT case) after the huge loss in Law v. NCAA so as to avoid treble damages and attorney fees......
6. Start at #1 again and make TONS of money......
Posted By : Anonymous

Thanks for these comments and I appreciate you all...

Message posted on : 2009-07-23 - 09:14:34

Thanks for these comments and I appreciate you all reading the column.

Wes,

I think the damages (assuming the legal claims are proven) could be very extensive. As I understand it, the NCAA has quite a few licensing agreements and if any contain images or other representations of the former players, damages could be found. In terms of quantitatively determining the damages, the plaintiffs and defendants would likely submit different proposed metrics and the court would have to choose one or adopt a blended approach.

Jimmy H,

Thanks for the nice note. O'Bannon is indeed arguing that the players did not know what they were signing, and that whatever legal rights may have been contracted away in the forms should not have been. He bases his claim in part on Oliver v. NCAA and the NCAA's rules on allowable counsel.

Marc,

Thanks for the nice words and you lay out a good strategy for O'Bannon in regards to the issue Jimmy identified.

sclawyer,

I agree there is probably consideration, but I don't believe he is challenging the letter of intent. As I understand the complaint, there is separate paperwork student-athletes must sign prior to their eligibility and receipt of scholarship, and according to O'Bannon, the NCAA forbids student-athletes' access to counsel when contemplating those forms. Moreover, I think it's fair to say that some parents or guardians may not understand the right of publicity and may not be able to provide effective counsel to their 17- or 18-year old sons.
Posted By : Michael McCann

Nice work, Mike. Just noticed that the case was fi...

Message posted on : 2009-07-23 - 10:36:39

Nice work, Mike. Just noticed that the case was filed in D.C. (where Michael Hausfeld is based). Assuming that this gives a home court advantage to Hausfeld, any thoughts on this in terms of the legal jurisdiction? I would have guessed the cased being filed in CA or IN, but maybe it matters less, esp. since it's a class action suit?
Posted By : D.H.

The New York Times has also published a story by W...

Message posted on : 2009-07-23 - 10:42:55

The New York Times has also published a story by William Rhoden discussing the case:

http://www.nytimes.com/2009/07/23/sports/ncaabasketball/23rhoden.html?ref=sports
Posted By : Nathaniel Grow

I am deeply in love with every single piece of inf...

Message posted on : 2009-07-23 - 11:53:40

I am deeply in love with every single piece of information you post here. Will be back often to read more updates! Please come visit my site Parking Lot Garage Directory when you got time.
Posted By : Cemeteries & Memorial Parks

I found your blog on google and read a few Thanks ...

Message posted on : 2009-07-23 - 12:05:29

I found your blog on google and read a few Thanks for the information you mentioned here, I'm looking forward to see your future posts. Cheers !! Please come visit my site Parking Lot Garage Directory when you got time.
Posted By : Cemeteries Equipment & Supplies

I think this will be an interesting case to follow...

Message posted on : 2009-07-23 - 13:21:02

I think this will be an interesting case to follow, but I'm not very sympathetic to O'Bannon's argument. Assuming the the release was entered knowingly and intentionally, all he did was sign over the rights to his image in a UCLA uniform. I think of it like an actor who makes a film at one point in time. Once the film is in the can, depending on what the contract says, the eceonomic rights to the images created in the film are set in stone in perpetuity. Whether it is DVD sales, toys in your McDonald's happy meal, or an image on the new ride at Six Flags, the actor only receives the compensation she agreed to when the contract was signed. Of course, the actor retains her rights in all other images not associated with the film. Why is this any different? O'Bannon owns and can fully exploit his image in anything not related to his UCLA playing days. If he can get EA sports to sign him to a deal to appear in a game about pick-up basketball in Henderson, Nevada, that's great.

Furthermore, it makes sense that the NCAA and its member schools would use one contract. Having the individual schools negotiate separate deals with athletes would be unworkable. How would we deal with an image of O'Bannon dunking on a player from Arizona if the player from Arizona had a different agreement? The NCAA Tounrament itself has 65 teams in it. Could CBS make individual deals with 65 teams despite the fact that many of the teams are not known until just a few days before the games start?
Posted By : Jerry Swindell

This is 'Orwellian' - every team takes a...

Message posted on : 2009-07-23 - 15:06:27

This is 'Orwellian' - every team takes a risk when the sign a Dominican prospect - and overall, they've (Clubs) won out. Having a prospect's sister undergo a bone scan? Even for MLB, that's low - and shame on them.
Posted By : Anonymous

Isnt t he issue here age, not genes perse, For exa...

Message posted on : 2009-07-23 - 16:20:05

Isnt t he issue here age, not genes perse, For example, this isnt to say that Prospect A has a deformed gene but rather that Prospect A is in fact Prospect C from 5 years ago, which should be illegal.
Thoughts?

Ken
Posted By : Anonymous

Ken, I agree that MLB's use of genetic inform...

Message posted on : 2009-07-23 - 17:08:45

Ken,

I agree that MLB's use of genetic information to simply confirm a prospect's age and identity is less alarming than using that same information to determine whether a prospect is predisposed to a particular genetic defect. However, I suspect that critics of the practice would argue that once MLB has access to a prospect's genetic information, there is no guarantee that it will limit its use of the information for only age/identity verification purposes. In other words, there is nothing stopping MLB from using this information for more objectionable purposes, such as testing for genetic defects.
Posted By : Nathaniel Grow

It has always been said by Rose that he agreed to ...

Message posted on : 2009-07-27 - 16:37:09

It has always been said by Rose that he agreed to the perma-ban because he was told that he would have a chance at reinstatement, but Giamatti died before he had a chance to release this. I believe Rose in this, because he really had no reason to agree so readily without this stipulation.

Part 2, Does Gaylord Perry's Plaque say he was a regular user of the spitball? He is incredibly open about that fact, and its cheating as well. Does Whitey Ford's say he scuffed that ball? Does Enos Slaughter and Johnny Mize's say they hated black people? There are many known cheaters in the Hall of Fame, and if you start that with Rose then you must do it with all of them.
Posted By : A day in the Life of A Law Student

Olney's comments are not that bright, which ar...

Message posted on : 2009-07-27 - 16:41:19

Olney's comments are not that bright, which are often the case with Olney. The Baseball Hall of Fame is for baseball ability, not character. What he did outside the game, such as tax evasion, has no bearing on his Hall of Fame status, and Pete Rose would be FAR, FAR, from the worst person in the Hall of Fame.
Posted By : The Dizfactor

Rose was banned from Major League Baseball, perman...

Message posted on : 2009-07-27 - 16:59:41

Rose was banned from Major League Baseball, permanently, for gambling on games in which the team he was managing was competing--conduct he subsequently acknowledged. That ban has kept him out of the Hall until now.

It (and my questions here) have absolutely nothing to do with character or whether he was a bad person or did bad things off the field (as I said in the post, I do not care about the tax evasion thing); I don't care if he would be the best or worst human being in the Hall. It is because he broke the game's cardinal rule *on the field* and received the designated punishment for it. That puts him on a different level than all the spitballing, ball-scuffing racists, none of whom ever were banned for their actions.

Now, Selig can undo all that by lifting the ban--and the underlying point of my post is whether he should. But that ban is part of Rose's history in the game--as a participant in the game--in a way that Johnny Mize's ugly personal beliefs are not.
Posted By : Howard Wasserman

Day: Another explanation for Rose accepting the b...

Message posted on : 2009-07-27 - 17:11:57

Day:

Another explanation for Rose accepting the ban is that he saw the evidence against him and 'settled' (without having to admit to anything) to avoid a formal finding that he had bet on the Reds.
Posted By : Howard Wasserman

'Shoeless Joe Jackson took money but did noth...

Message posted on : 2009-07-27 - 17:25:10

'Shoeless Joe Jackson took money but did nothing to lose games;'

Uh, look at his, er, defense during the Series. While I tend to think the 1919 Reds were underrated, their ability to hit triples was certainly hidden before October.
Posted By : Ken Houghton

BealzaBob: Non-criminal legal rules can be (and f...

Message posted on : 2009-07-27 - 21:34:04

BealzaBob:

Non-criminal legal rules can be (and frequently are) made retroactive; the only requirement is that the enacting body make clear its intent that the rule would be retroactive. The Hall did this.

Rule 3E unquestionably was enacted with Rose in mind (and, to a lesser extent, Shoeless Joe, who was enjoying a renewed groundswell of support from some veterans in the late '80s and early '90s). But most legal rules are enacted with a specific case in mind; the rule still applies generally, so that does not render it improper as a 'legislative' rule.

The Rule was not necessarily a dramatic change. Jackson was not under consideration for the Hall all that time, in part based on an implicit understanding (a Common Law rule, if you will) that players on the Permanently Ineligible list should not be in the Hall. Rule 3E simply codified that informal practice.
Posted By : Howard Wasserman

But you forget, baseball is pure about Gambling--a...

Message posted on : 2009-07-27 - 22:21:38

But you forget, baseball is pure about Gambling--ask Willie Mays. Or the late Mickey Mantle. Or Jerry Reinsdorf. Or George Steinbrenner. Or...
Posted By : Ken Houghton

Coming late to this party. Real harm is an obviou...

Message posted on : 2009-07-27 - 23:12:55

Coming late to this party.

Real harm is an obvious point, but there should be a public policy element.

I continue to believe there is a point in intercollegiate athletics where a line should be drawn and as a matter of public policy tax deductions should be denied for donations, sponsorships, and rights fees that result in receiving tickets or ticket priority, parking, priority for post-season tickets, etc.

Somewhere there is a line crossed whether it be at $25 million budgets or $75 million budgets or $100,000 in spending per FTE or $300,000 per FTE. Once the line is crossed on athletic spending, the Federal and state treasury shouldn't be used to subsidize the activity.

Either keep your spending below the cap (and gasp, transfer the excess to academics) or funnel all the money through a blind trust with no reporting to athletics to assign the goodies, or tell donors and sponsors to forego the tax benefits.
Posted By : Mark F

Any fair sporting event's outcome depends on a...

Message posted on : 2009-07-28 - 14:49:23

Any fair sporting event's outcome depends on a practically infinite number of factors, some knowable and some not. The spread is merely the market-clearing price (that which balances supply and demand) and thus incorporates all that is knowable. That one individual cannot consistently overcome the collective knowledge of all market participants does not imply that the underlying game is completely or even primarily random. Therefore, I disagree with your premise: that an 'expert' gambler's historical success is relevant to whether a particular game is based on skill or chance.
Put it this way. If sports gambling is deemed a game of chance on that basis, then so should investing in stock market because it has been repeatedly demonstrated that mutual fund managers cannot consistently beat the market. I acknowledge that public policy concerns might dictate outlawing one activity and not the other, but to claim that the difference is that between skill and chance is mistaken.
I realize you must understand this. The CT law (and others) demands this ridiculous determination of whether a game is based on skill or on luck and we all have to play along. Realistically, whether a particular action is gambling or investing depends on the motive..
Posted By : Anonymous

I think the third suggestion is perhaps a realizat...

Message posted on : 2009-07-28 - 15:36:05

I think the third suggestion is perhaps a realization that there are people whose contributions to baseball have been fantastic and worth recognizing, while at the same time they have done things that deserve punishment. I would be happy if they opened up the Hall to such players, while still making them permanently ineligible. Realize that Pete Rose circa 1986 deserves honoring, but Pete Rose circa 2009 is not worth associating with.
Posted By : Bentley

Hey, I've been reading this blog for awhile as...

Message posted on : 2009-07-28 - 16:11:38

Hey, I've been reading this blog for awhile as an business undergrad student. I've always been interested in getting into sports law and saw this as a good place to stay updated on current events in the industry. The problem is that I seem to keep getting lost with some of the legal terms and understanding. Does anyone know of any good books for a beginner in this field to start out with? Thanks and keep up the good work with the blog!
Posted By : Anonymous

Anon 4:11, If your undergraduate institution (or ...

Message posted on : 2009-07-28 - 21:25:28

Anon 4:11,

If your undergraduate institution (or another one close to you) has a pre-law program, your bookstore should be able to offer you some interesting, entry level books for undergrads rather than lawstudents...

Just a thought
Posted By : Jimmy H

Hello mate, I want to thank you for this nice blog...

Message posted on : 2009-07-29 - 04:38:34

Hello mate, I want to thank you for this nice blog. Would you mind telling me some secrets for a succesful blog ? Which could attract some visitors than it normally does. Feel free to check out my site Shelters when you got time.
Posted By : Maggie Moore

What a facinating article. I'm looking for a marke...

Message posted on : 2009-07-29 - 04:45:01

What a facinating article. I'm looking for a marketing expert to help with a project, could you help? Feel free to check out my site small animal veterinarians when you got time.
Posted By : Micheal Wilson

You share valuable information and excellent desig...

Message posted on : 2009-07-29 - 04:48:42

You share valuable information and excellent design you got here! I would like to thank you for sharing your thoughts and time into the stuff you post!! Thumbs up. Feel free to check out my site gourmet coffee when you got time.
Posted By : John White

I was thinking of looking up some of them newspape...

Message posted on : 2009-07-29 - 04:51:30

I was thinking of looking up some of them newspaper websites, but am glad I came here instead. Although glad is not quite the right wordâ€¦ let me just say I needed this after the incessant chatter in the media, and am grateful to you for articulating something many of us are feeling - even from distant shores. Feel free to check out my site Clowns when you got time.
Posted By : Paul Garcia

You may have not intended to do so, but I think yo...

Message posted on : 2009-07-29 - 04:55:59

You may have not intended to do so, but I think you have managed to express the state of mind that a lot of people are in. The sense of wanting to help, but not knowing how or where, is something a lot of us are going through. Feel free to check out my site clown entertainment when you got time.
Posted By : Paul Garcia

I usually don't leave comments!!! Trust me! But I ...

Message posted on : 2009-07-29 - 05:40:31

I usually don't leave comments!!! Trust me! But I liked your blogâ€¦especially this post! Would you mind terribly if I put up a backlink from my site to your site? Feel free to check out my site public accountant when you got time.
Posted By : accounting firms

I enjoyed reading your work! GREAT post! I looked ...

Message posted on : 2009-07-29 - 05:43:47

I enjoyed reading your work! GREAT post! I looked around for thisâ€¦ but I found you! Anyway, would you mind if I threw up a backlink from my site? Feel free to check out my site Billiard when you got time.
Posted By : Suzy Will

As a Newbie, I am always searching online for info...

Message posted on : 2009-07-29 - 05:48:05

As a Newbie, I am always searching online for information that can help me. Thank you. Feel free to check out my site boat supplies when you got time.
Posted By : boat dealers

You do have a point here :) I admire the stuff you...

Message posted on : 2009-07-29 - 09:02:37

You do have a point here :) I admire the stuff you post and the quality information you offer in your blog! Keep up the good work dude. Please come visit my site Modesto Yellow Page Business Directory when you got time.
Posted By : Anonymous

Me and my friend were arguing about an issue simil...

Message posted on : 2009-07-29 - 09:03:44

Me and my friend were arguing about an issue similar to this! Now I know that I was right. lol! Thanks for the information you post. Please come visit my site Fremont Yellow Page Business Directory when you got time.
Posted By : Anonymous

Couldn't be written any better. Reading this p...

Message posted on : 2009-07-29 - 09:05:51

Couldn't be written any better. Reading this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing! Please come visit my site Glendale Business Directory when you got time.
Posted By : Anonymous

Excellent article , i just share it with my friend...

Message posted on : 2009-07-29 - 09:08:40

Excellent article , i just share it with my friend of Italy. I Stumble UP your blog post , you will notice an increase of traffic within 24 hours for targeted people. Cheers . Please come visit my site St. Louis Business Directory when you got time.
Posted By : Anonymous

Anon-- I understand your investment analogy, but ...

Message posted on : 2009-07-29 - 13:30:12

Anon--

I understand your investment analogy, but I don't see how that helps your argument. It seems to me that all it proves is that investing in the stock market may involve a significant (if not predominant) level of chance. I don't think that's a particularly controversial conclusion, and I don't think it devalues the weight that should be given to the accuracy of 'expert' predictions of the winners of NFL games. I don't see anything inconsistent or problematic with both investing in the stock market and betting on NFL games constituting 'games' of chance. Investing just happens to be a very regulated game...
Posted By : Anonymous

Can you provide more information on this? I am new...

Message posted on : 2009-07-30 - 05:26:27

Can you provide more information on this? I am new to the subject. Please come visit my site Realtor Home Builders Directory when you got time.
Posted By : Building Contractors, Homes

I guess it's not his fault that the pants he w...

Message posted on : 2009-07-30 - 22:38:47

I guess it's not his fault that the pants he was wearing had a gun in them. That could happen to anyone. His friend and teammate Antonio Pierce in a humanitarian move drove him to the hospital and brought the gun back to NJ so it couldn't hurt anyone else. I'm surprised Pierce hasn't received a medal for his heroic efforts.
Posted By : Anonymous

I think this is a preview of the coming analysis o...

Message posted on : 2009-08-03 - 19:51:13

I think this is a preview of the coming analysis of the steroid era players, particularly those whose useage is fairly clear. With Rose forgiven the way is more open for today's cheaters.

It is, to me, however, much more difficult to argue that Rose's gambling hurt the game in any way comparable to Bonds or Clemens. They so fully infected the game as to make a joke of the most respected stats revered by most fans. The ESPN boys all give the cheaters a pass and claim the fans don't care. It is in their financial interest so to do.

It my be possible to separate out Pete the player from the coach. In that way he might be eligible. I wouldn't vote for him.
Posted By : Mark O

Nice work as always. I ejoyed your new SI article ...

Message posted on : 2009-08-03 - 21:59:41

Nice work as always. I ejoyed your new SI article mentioning the second amendment too. Keep up the great work!
Posted By : kiki

Kiki, thank you for those kind words. Anon, that ...

Message posted on : 2009-08-03 - 23:20:36

Kiki, thank you for those kind words.

Anon, that was very funny!
Posted By : Michael McCann

Of course, whether that works for Burress depends ...

Message posted on : 2009-08-04 - 22:34:52

Of course, whether that works for Burress depends on one of the issues that came-up repeatedly during the Sotomayor confirmation hearings--whether the Second Amendment is incorporated against state and local government.
Posted By : Howard Wasserman

Buy High Quality Vertu Replica Phones

Message posted on : 2009-08-05 - 02:26:40

Buy High Quality Vertu Replica Phones
Posted By : Vertu Copy

shouldn't corporate executives have to earn th...

Message posted on : 2009-08-06 - 01:16:28

shouldn't corporate executives have to earn their bonuses? aren't they paid million dollar salaries? shouldn't the base salary be ALL that is earned when the performance is dismal?
Posted By : Anonymous

I have no problem conceptually with the ALB decisi...

Message posted on : 2009-08-07 - 11:50:21

I have no problem conceptually with the ALB decision because of the specifics: picnic area is open pre-game and no warning given that BP was starting.

Result is that people stay in the area without being made aware of the change of situation, and therefore increased risk of not paying attention to actions 100+ yards away.

Same with Castillo: 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.

(If you're sitting behind first base when Steve Sax is playing second, you should know the risk--as Jay Johnstone snarkily pointed out.)

The exemption for normal course of activities seems intact; it's the specific change of circumstances without notice that seems applicable.
Posted By : Ken Houghton

Oh really? NFL bonuses are all performance based? ...

Message posted on : 2009-08-07 - 16:40:51

Oh really? NFL bonuses are all performance based? How about the multi-millions of dollars in 'roster bonuses' or workout bonuses that players receive every year?

I'm not saying they're not deserved, but let's call your post exactly what it is - taking issue with wealth envy.

Regardless of who you work for, or whatever your trade is, if you are under a contract, then you should be paid based on the terms of that contract. Don't like it? Next time around, negotiate a better contract. These bonuses that Wall St executives received are part of previously negotiated terms and should only be adjusted if the two parties agree to do so.

Just because your company is doing crappy, would you be expected to forgo a bonus that you felt that you 'earned'? Yeah, I didn't think so. easy to throw stones at glass houses. Just think about that next time before you make these generalized wealth envy statements.
Posted By : Anonymous

I have an article on trading cards and legal issue...

Message posted on : 2009-08-08 - 12:44:59

I have an article on trading cards and legal issues. Sadly is in spanish and to long to try a translation here. But for the spansih speaking blogers hereÂ´s the link
http://www.eldial.com/suplementos/deportivo/doctrina/de050809-c.asp
Posted By : Ariel Reck

Regardless of it is in their contract or not, they...

Message posted on : 2009-08-08 - 22:08:23

Regardless of it is in their contract or not, they received government bailout funds! What if they were not given that money?! Then what....
Posted By : Whitney Henry

He was at a club right? Why did they let him in? G...

Message posted on : 2009-08-08 - 22:16:15

He was at a club right? Why did they let him in? Guys are definitely supposed to get patted down...
Posted By : Whitney Henry

The escort industry in Internet is growing rapidly...

Message posted on : 2009-08-09 - 09:47:39

The escort industry in Internet is growing rapidly for all ages of men and women some cases, These are not allowed in India but In some countries like UK, US, Aus, Ire and more are allowed these type of services.London Escorts
Posted By : Anonymous

Ed, thanks for the comments. This foul ball subjec...

Message posted on : 2009-08-10 - 11:13:23

Ed, thanks for the comments. This foul ball subject is like a bad penny: never goes away. Anyway, a few of my own observations: 1) Did anyone else get the feeling that really this was a victory for plaintiff's lawyers in New Mexico and that the 4 year old's current condition was almost irrelevant? 2) Did anyone else find the court's opinion, while well written, seemed to focus (subliminally) more on who was in a better position to pay than whether there was a duty? 3) I hope that the state of New Mexico legislature takes this out of the hands of these judicially activist judges and creates an immunity statute similar to Colorado, Illinois, etc. Why keep sending this kind of stuff to a jury if you don't have to? Why keep having judges in these foul ball cases prolong the litigation and continue to promote juries and comparative negligence when they (i.e., 'we') don't have to give them that authority? 4) While I had a lot more to say, it is sad that the dissent's references seemed better than the majority's in terms of depth on the subject. Sadly, one of the more recent cases the majority actually mentioned (Loughran) focused on the dissent in Loughran rather than the majority holding and dicta in that Pennsylvania case.
Posted By : Anonymous

Thank you for posting this. One of the nice things...

Message posted on : 2009-08-10 - 11:15:03

Thank you for posting this. One of the nice things about this Blog is how current it keeps us posted.
Posted By : Anonymous

written an interesting article

Message posted on : 2009-08-10 - 16:14:10

written an interesting article
Posted By : adwokat porady

As to the point raised by anonymous in number one,...

Message posted on : 2009-08-11 - 16:48:57

As to the point raised by anonymous in number one, I actually wonder how much sympathy that plaintiffs received in this case because of the severe nature of the injury to a four-year-old boy.
Posted By : Ed Edmonds

Ed: please tell us how the boy (now 10?) is doing ...

Message posted on : 2009-08-11 - 18:40:50

Ed: please tell us how the boy (now 10?) is doing if you know. Thanks.
Posted By : Anonymous

I imagine young Mr. Kane makes more then the typic...

Message posted on : 2009-08-11 - 23:15:23

I imagine young Mr. Kane makes more then the typical 80-100 a day a cabbie here in Boston,Ma. makes? He was this infuriated over the driver not having 20 cents change that he decided to beat the man ?

Perhaps Mr. Kane and his cousin were locked inside the van to prevent them from leaving before police arrived? Also as a cabbie for 10 years I have had more then a few people who were so inebriated they could not exit the vehicle easily and became agitated that 'I was locking them in' when in fact it was their inability to work a door handle/unlock button. I hope for Mr. Kanes sake there are no ex cabbies on his his jury.
Posted By : webcabbie

'Regardless of it is in their contract or not...

Message posted on : 2009-08-12 - 06:34:11

'Regardless of it is in their contract or not, they received government bailout funds! What if they were not given that money?! Then what...'

Well, then future generatiosn would not have to dig this country out of the hole created by politicians who think that printing money is the solution to every problem...
Posted By : Anonymous

As always, this summary is much appreciated!

Message posted on : 2009-08-12 - 19:16:29

As always, this summary is much appreciated!
Posted By : Anonymous

I think it is a great idea. I mean you go to unive...

Message posted on : 2009-08-13 - 17:03:17

I think it is a great idea. I mean you go to university to get a degree and make money with it.
He is getting money to play basketball, plus any other sponsor contract he might get as endorsment. Go for it, risk it, if not you go back.
Posted By : Maccabi Haifa

ooh thanks, this is great!

Message posted on : 2009-08-14 - 01:30:00

ooh thanks, this is great!
Posted By : Whitney Henry

Here is a comment from an American...the NBA is a ...

Message posted on : 2009-08-17 - 12:05:49

Here is a comment from an American...the NBA is a conglomerate which is attempting to control basketball worldwide. They could care less about WADA or any other type of regulatory agency. What they really care about is expanding their claws and influence worldwide to kill every other type of basketball league in the world. It is amazing that FIBA and FIFA show little interest in regulating the NBA and the Premier League. If they don't then all the minor or secondary leagues will be gobbled up and gone forever.
Posted By : Kevin

No question at all. The official coverage, especi...

Message posted on : 2009-08-17 - 13:14:44

No question at all. The official coverage, especially in the sports world, is still positive for the poor blackmailee.

But that may be that he's a coach as well--look at Dirk Nitkowski, or the joke that Shawn Kemp became.

Combination of gender and class, if anything. But large quantity of gender.
Posted By : Ken Houghton

Hmmm... Yes, it's likely that a female in tha...

Message posted on : 2009-08-17 - 13:50:41

Hmmm...

Yes, it's likely that a female in that same situation would have received much less favourable treatment. Yet the mainstream sports media was likely to give him a pass no matter what his sex so that they could ensure future access to him, his team, and the school's other sports teams.

When it comes to keeping his job, however, it's likely that his past success as a coach and his ability to attract recruits to the school is what has kept him in his job more than his sex. Sports teams will always look the other way when there's enough success and money involved. If Pat Summit was engaged in this same scandal, would she be fired, given the incredible level of success she has achieved and her ability to attract the best talent to Tennessee? I don't know.
Posted By : Anonymous

Hi Mike, Do you know if Pitino's contact is a...

Message posted on : 2009-08-17 - 15:09:31

Hi Mike,

Do you know if Pitino's contact is available online?
Posted By : Mark Conrad

Great point and this is not even debatable. She wo...

Message posted on : 2009-08-17 - 16:58:22

Great point and this is not even debatable. She would have been fired (or heavily pressured to resign) the day after the sex-and-abortion story broke. The rules for women's 'morality,' and the media coverage of them, are different.

Pitino's success partly explains why he has his job while Mike Price or Larry Eustachy lost theirs. But success would not save a similarly situated women's coach--even if she was Pat Summitt.
Posted By : Howard Wasserman

Hi Mark, I just found the link to a PDF file of Pi...

Message posted on : 2009-08-17 - 23:50:34

Hi Mark, I just found the link to a PDF file of Pitino's contract and added the link to the post. Thanks, Mike
Posted By : Michael McCann

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

Message posted on : 2009-08-18 - 01:57:17

I recently came across your blog and have been reading along. Nice blog. I will keep visiting this blog very often. I want to share news aboutcollege which is offers beyond-the- classroom experience to students in the rapidly-expanding industries of Health Care, Criminal Justice, Business, and Computers. Don't miss out on great career opportunities.
Posted By : Anthony

A quick scan of the article still leaves my origin...

Message posted on : 2009-08-18 - 11:38:09

A quick scan of the article still leaves my original post as a critique. The article does not discuss both aspects of Holmes's opinion - the interstate commerce point and the personal effort/trade point. To quote from the opinion: 'That to which it is incident, the exhibition, although made for money would not be called trade or commerce in the commonly accepted use of those words. As it is put by the defendants, personal effort, not related to production, is not a subject of commerce.' It is the second sentence that deserves more attention. Justice Alito mentions the long briefs that were submitted in the case. Counsel goes into great detail and quotes from a number of cases that held that the focus of the Sherman Act was on the production of goods not personal effort. Justice Alito, however, concentrates on the interstate commerce aspect of the case, and this is what nearly everyone who has written about Federal Baseball has done. I guess I really need to write my article that details my thesis.
Posted By : Ed Edmonds

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

Message posted on : 2009-08-19 - 03:01:58

I recently came across your blog and have been reading along. Nice blog. I will keep visiting this blog very often. I want to share news aboutcollege which is offers beyond-the- classroom experience to students in the rapidly-expanding industries of Health Care, Criminal Justice, Business, and Computers. Don't miss out on great career opportunities.
Posted By : Anonymous

Pitino's contract allows him to be terminated ...

Message posted on : 2009-08-19 - 19:39:21

Pitino's contract allows him to be terminated for conduct that, â€œcould objectively be anticipated to bring Employee into public disrepute or scandalâ€�.

In our society, and probably nearly every other one, a woman willing to engage in semi-public sex with a man she just met is significantly more scandalous than a man willing to engage in the same conduct. This is a fact, not a normative statement. Conversely, Pitino would be more likely to be fired for punching a drunk and verbally abusive female Cardinal fan, than Pat Summitt would for punching the male equivalent.

The more interesting question to me is: can a university legally take these societal double standards into account in determining what is likely to bring the employee into public disrepute or scandal?
Posted By : Dave

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

Message posted on : 2009-08-20 - 02:45:36

I recently came across your blog and have been reading along. Nice blog. I will keep visiting this blog very often. I want to share news aboutcollege which is offers beyond-the- classroom experience to students in the rapidly-expanding industries of Health Care, Criminal Justice, Business, and Computers. Don't miss out on great career opportunities.
Posted By : Anonymous

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

Message posted on : 2009-08-20 - 02:54:31

I recently came across your blog and have been reading along. Nice blog. I will keep visiting this blog very often. I want to share news aboutcollege which is offers beyond-the- classroom experience to students in the rapidly-expanding industries of Health Care, Criminal Justice, Business, and Computers. Don't miss out on great career opportunities.
Posted By : Anonymous

Interesting question from Dave. In general, no, a ...

Message posted on : 2009-08-20 - 21:57:34

Interesting question from Dave. In general, no, a school cannot use 'acceptable societal norms' to treat similarly situated men and women differently.

But on the ground, I think it could get away with this once, just as a matter of proof. If it keeps Pitino, then fired the women's basketball coach for similar conduct, she would have facts supporting a pretty strong equal protection claim.
Posted By : Howard Wasserman

'The message conveyed by Major League Base...

Message posted on : 2009-08-21 - 09:37:10

'The message conveyed by Major League Baseball, even if unintended, is that it pays for a pitcher to throw at a superstar. Since human nature will often cause a batter to respond impulsively to being struck, a pitcher can trade a meaningless suspension for a meaningful one against the opposing team.'

That is just plain wrong. I know there are examples of this, but to say that 'often' a player will charge the mound is just flat out incorrect. Other than Youkilis this season, can anyone else name a player who has charged the mound this season? Of course there's Robin Ventura, etc. who charged the mound, but with the amount of beanballs that are being thrown lately, Youkilis is the only one who has actually charged the mound. Plenty of players have been 'held back' and benches have cleared, but I can't recall any other mound chargings this season. Maybe someone can correct me if I'm wrong.
Posted By : Pbenn001

Does anyone else find the irony in Dershowitz here...

Message posted on : 2009-08-21 - 10:49:35

Does anyone else find the irony in Dershowitz here: I mean a criminal defense attorney being so outraged at misconduct--but in favor of harsher penalties and harsher punishments rather than a discussion of 'rights' and 'second chances' for such misdeeds! (Could he be a Red Sox fan, maybe, I'm just sayin')
Posted By : Anonymous

He has to be a Red Sox fan. I just can't help ...

Message posted on : 2009-08-21 - 11:21:39

He has to be a Red Sox fan. I just can't help but wonder if he has ever played baseball in his life.

Also, calling for a full season or even a lifetime ban on managers? Get real Mr. Dershowitz.
Posted By : Pbenn001

Kevin Youklis 'missed approximately 25 ABs.&q...

Message posted on : 2009-08-21 - 20:52:32

Kevin Youklis 'missed approximately 25 ABs.' So he missed (as a f-t regular) about 1/25th to 1/30th of the season (625-750 AB/season).

(It would be rude of me to wonder if a batter really averages 5 ABs a game; qualifying for the batting title requires 3.1 AB/game, so that seems as if it should be more than a SD high. Or maybe the DH-ing, more3 batters-per-game AL needs to change the minimum ABs required to a higher number. But that's an aside. Then again, Youk has had 569, 528, and 538 ABs in his last three presumably-full seasons.)

Meanwhile, Porcello missed a start. Now, he's a rookie, so I can't look at the past, but he has started 22 of Detriot's 110 games to date, so it looks as if his punishment is probably just about the same as Youklis's (1/30th of his season), especially if you consider that he was ejected with a three-run lead in the bottom of the second (he's averaging more than five innings a start), and Detroit ended up losing that game, so really he lost two games for that suspension.

At worst, Youklis was penalized no less than Porcello. Realistically, Porcello's penalty was greater.
Posted By : Ken Houghton

Very good points Ken. I'm still baffled at the...

Message posted on : 2009-08-21 - 23:30:10

Very good points Ken. I'm still baffled at the audacity of Dershowitz in this piece.
Posted By : Pbenn001

Dershowitz's comments come from one perspectiv...

Message posted on : 2009-08-22 - 09:59:14

Dershowitz's comments come from one perspective--that of the batter who is beaned (much like his beloved Youkilis). However, what about the other side? What about pitchers who have their strike zones shrunken to the outer half of the plate because big and burly hitters wearing elbow, knee and shin guards crowd the plate. How are pitchers supposed to get control of the plate again?

Here's a counter-solution as bold as Dershowitz's original. Teach pitchers how to bean batters. Want to protect the batters from getting hit in the head? Teach pitchers to throw with control at the thighs. Sure, people will get hurt--but we're talking about professional athletes. If you are so worried about the possibility of someone getting hit in the head (which, if I'm correct, has happened less over the last decade than pitchers being hit on the head by line drives from batters who have no fear at the plate), teach pitchers how to bean someone properly. One of the most effectively bean ballers in our era? Greg Maddux. Why was he able to paint the outside corner so well without batters just inching closer and closer to the plate? Because they knew they'd get one between the letters. Come on, Dershowitz! It's baseball!
Posted By : Mitchell J. Kim

The game of baseball needs to go back to the good ...

Message posted on : 2009-08-23 - 05:09:43

The game of baseball needs to go back to the good ol' days, not make ridiculous changes based on the belief of a pompous Harvard Professor that takes a legal and hard nosed approach the game
How many deaths occur from beaning batter and throwing chin music?
You will never know what is premeditated, although you will think you do.
Penalties for life?
Penalties for all teammates not reporting their manager telling the pitcher to bean a batter. Is this guy crazy??? Baseball hasn't been the most honest sport, but this Dershowitz guy is out of his league when talking about this.

You are taking to much away from a game that needs a
blast from the past injected into it.
What next Dershowitz, should the NFL become Flag Football?
Posted By : Thomas44

This country has a serious problem promoting peopl...

Message posted on : 2009-08-23 - 05:15:54

This country has a serious problem promoting people to eat. Are youth are in trouble. People go to places that offer the most food for the cheapest price. It's not just in restaurants either, you go in someone's house and they try and glutton you with all kinds of food no matter the time of day.
Also, enough with the fried food.
Posted By : Thomas44

Would this story be public if he was not a success...

Message posted on : 2009-08-23 - 05:23:47

Would this story be public if he was not a successful coach? No.

The publicity may be enough punishment for him, but either way women are just treated different and looked at different in the sports world or when holding positions of power. But if a woman was coaching Louisville Men's Basketball, and accomplished the same as Pitino did, her result would have been the same.
The problem is, there really no females in the same situation, women's basketball is no where near this level. Maybe a Condoleeza or Hillary ....
Posted By : Thomas44

I think something being overlooked here is that th...

Message posted on : 2009-08-23 - 09:16:01

I think something being overlooked here is that the commissioner most likely wouldn't be able to do what Prof. Dershowitz is proposing, even if the commissioner agreed with him. Player discipline for on-field misconduct (a mandatory subject of bargaining) is subject to the CBA, which provides a right to have suspensions reviewed by a neutral arbitrator. So in other words there is precedent here, just as exists in the court system.
Posted By : Rick Karcher

Hey, you have a great blog here! With good writing...

Message posted on : 2009-08-24 - 10:16:46

Hey, you have a great blog here! With good writing and Nice writing style, Keep up the good work. Nice for share this article. This is Really nice tutorial. That's one thing I'm really looking forward. I'm definitely going to bookmark you! Looking forward to reading more from you.
Thanks for information and good day for You. Till next time.

------------------------------------------
Are you play online games ? Get Free $50 for start.
Regards
Posted By : Anonymous

First, we should probably distinguish between &quo...

Message posted on : 2009-08-24 - 14:30:24

First, we should probably distinguish between 'beanballs' aimed at a batter's head and hitting batters in some other part of their body. As Dershowitz points out Youkalis was hit on the back not in the head like David Wright, Tony Conigliaro, or Ray Chapman.

Ross Bernstein, a prolific writer from Minnesota, has written three books under the main title 'The Code.' His most recent one is about football. His first one covered hockey and the second one covered baseball. The premise of all three books is based upon interviewing current and past players about the enforcement of on-field discipline. Nearly everyone with a passing interest in these three sports knows something about these unwritten rules and how a sport self-polices certain behavior.

I think Professor Dershowitz's suggestions produce a punishment that exceeds the degree of the problem. I also agree with Rick that the collective bargaining agreement would involve a neutral arbitrator in baseball. In football, however, there is a substantial debate at the moment about the degree of control Commissioner Goodell should be allowed in discipling off-field behavior by NFL players.
Posted By : Ed Edmonds

'After further review'....I think Dersho...

Message posted on : 2009-08-24 - 18:57:47

'After further review'....I think Dershowitz could not have been serious in this, but rather he just wanted to be an instigator.
Posted By : Anonymous

Disturbing

Message posted on : 2009-08-25 - 13:26:22

Disturbing
Posted By : Pbenn001

My initial reaction without reading the complaint ...

Message posted on : 2009-08-26 - 08:48:48

My initial reaction without reading the complaint completely matches your statement, Mike. The standard player contract in effect at the time granted the publicity rights to the teams. I really do not see a reason that they should argue that the work at the time did not grant that right in perpetuity to the league. Compensation earned by players at the time was based in large part upon television and film rights. The real difference is the explosion in the amount of money involved. Perhaps this speaks again to feelings held by so many retired players that the NFLPA and ownership has done little to help them financially as they have aged. I think that this is different from video games, cards, etc.
Posted By : Ed Edmonds

Replay officials consider additional evidence that...

Message posted on : 2009-08-26 - 09:24:25

Replay officials consider additional evidence that is then weighed by to determine if it clearly provides a different result.

New evidence is rarely a factor in appellate decisions, and all but unheard of in civil appeals.

The bulk of appellate decisions fall into two groups.
1 Determining if the correct rules were applied.
2. Determining if the rules were applied correctly.

In sports it would be like a coach appealing a decision on whether the receiver made a catch based on the fact that that official was caught off-guard and was behind the receiver when he caught the ball heading out-of-bounds and therefore did not have a view of whether possession was gained before going out-of-bounds. In football replay can review the video and weigh the evidence to see if it appears the catch was made, you do not appeal the poor mechanics of the official.

A judge who applies the correct rules in the correct manner is granted wide latitude regarding his interpretation of the facts on appeal but can be over-turned.

In football if a game official erroneously believes a pass was tipped and the defensive back slams into the receiver before the ball arrives and no pass interference is called, that play cannot be reviewed. He applied the wrong rule (no pass interference can occur after the first touching of a pass) but there is no appeal.
Posted By : Mark F

Allow a question from someone who never attended l...

Message posted on : 2009-08-26 - 18:52:10

Allow a question from someone who never attended law school...

IF this decision is upheld by the Supreme Court, that would mean that the prosecutors and agents who siezed those records used an illegal (unconsitiutional?) action that caused damage to the reputations of players whose names were leaked subsequently.

Would those players have the ability to bring a tort case against the prosecutors/agents here - - assuming they could find some link between the prosecutors' possession of the list and the leaking of the list?

Thanks in advance.
Posted By : The Sports Curmudgeon

They could sue, although my guess is that they wou...

Message posted on : 2009-08-26 - 22:21:08

They could sue, although my guess is that they would avoid liability and damages on grounds of qualified immunity. That doctrine holds that officers only can be held liable for violations of rights that were 'clearly established' in light of applicable law and the factual circumstances, such that no reasonable officer would have believed that this conduct was constitutional. It is a matter of notice--we will not hold officers liable for damages for conduct that they could not be expected to know was unlawful.

Given the dearth of law on how to handle plain-view issues in the context of electronically stored information and the deep division on the en banc panel itself, it seems to me pretty obvious that it was not clearly established at the time that what they were doing violated the Constitution.
Posted By : Howard Wasserman

It is reported today that the Miracle decided not ...

Message posted on : 2009-08-27 - 12:36:35

It is reported today that the Miracle decided not to do the promotion after UF sent them a cease and desist letter: http://www.floridatoday.com/article/20090827/SPORTS/908270325/Tebow+s+name+removed+from+Miracle+promotion

The Miracle's director of promotions is quoted as saying that it 'wasn't meant to be malicious. We're not mocking Tim Tebow. This is to show how people put others on a pedestal. He's a 22-year-old kid who happens to be a great college football player.'

The issue is not that it was malicious or that they are mocking Tebow, it's about profiting off of his name and likeness.
Posted By : Rick Karcher

I am just planning to start practice but before th...

Message posted on : 2009-08-27 - 23:31:51

I am just planning to start practice but before that I am going to read
different cases, which help me in the future to evaluate the situation more
efficiently. So your site is more beneficial for me as a novice.
Posted By : Anwalt

Fate of sports gambling.. reminds me the last year...

Message posted on : 2009-08-28 - 02:41:09

Fate of sports gambling.. reminds me the last year loosing in horse race betting and roulette gambling... but the year gets me wealth for now!!!
Posted By : James Johnson

This question is so good and the answer is in your...

Message posted on : 2009-08-28 - 05:46:29

This question is so good and the answer is in your article you can read carefully you get answer. For that your can read your PDF file.
cheap resorts
Posted By : herbal drug

Frankly, this is a very well-written article and p...

Message posted on : 2009-08-28 - 11:38:18

Frankly, this is a very well-written article and presents the issues in a very fair way. The case should have ramifications nationwide regardless of the outcome. My only thoughts are that the prosecution's use of the phrase 'barbaric conditions' has really put them in a bad position. I mean they had better be able to show barbarism--they are in football country after all. Also, I was pleased to see that you noted that things could become more 'costly.' That will likely happen as a consequence of this case: insurance rates go up; costs to attend seminars go up; and in a down economy, it has gotten to the point now that in order to even participate in high school sports, parents are being charged a fee (kind of like a privilege tax) because the taxpayers can't (or won't) fund more and more when they have less and less, not to mention (unfortunately) all of the costs associated with the overdue compliance of bringing girls' facilities on par with the boys...
Posted By : Anonymous

I could not agree more. No matter what happens in ...

Message posted on : 2009-08-28 - 12:25:53

I could not agree more. No matter what happens in this case, it may serve to create greater standards of protection and limit the powers of a coach to impose workout conditions that may be dangerous or reckless. Demonstrating criminal liability in the field of athletics has traditionally been difficult because of standards of proof, but the fact that a criminal charges have been brought should serve as a wake-up call to any risk manager that some coaches' actions may need to be curtailed.
Posted By : Mark Conrad

The last statement posted here might actually be t...

Message posted on : 2009-08-28 - 13:43:57

The last statement posted here might actually be the worst I have yet to see. Age-based dictation of whether or not NASCAR is a sport is not only highly unfounded (refer to the greats of golf), but it is entirely ignorant to determine one's ability to be competitive with their age alone. There is a high degree of agility, hand-eye coordination, mental and physical stamina, strength, and strategic preparation involved in stock car racing. To argue against this point is not only unfounded, but would actually infer that you have never even flirted with the idea of what actually goes into a weekend at the track. If you want to pull Jeff Gordon out of the athlete pool, then we are pulling Tiger Woods out of it too. Other than strength and flexibility, what else does Tiger bring to the golf course that allows him to win. I challenge someone to come up with valid reasoning why Tiger is any more of an athlete than Jeff Gordon. Godspeed.
Posted By : The Sprague-a-nator

Ymedialabs is a major developer of applications fo...

Message posted on : 2009-08-30 - 14:30:49

Ymedialabs is a major developer of applications for the iPhone platform.

If you are looking for iPhone application development or want to hire an iPhone

application developer, then Ymedialabs is the best place to look for.

iphone developer
Posted By : anjali rathore

Anonymous and Mark, Thank you both for those kind...

Message posted on : 2009-08-30 - 18:38:21

Anonymous and Mark,

Thank you both for those kind words, I appreciate them. I agree with both of you that this case could prove extremely meaningful for high school football programs across the country (and also, to some extent, other high school sports' programs and football programs at other levels).

Best,
Mike McCann
Posted By : Michael McCann

Ed, Thanks, I appreciate your comments. I'm ...

Message posted on : 2009-08-30 - 18:44:01

Ed,

Thanks, I appreciate your comments.

I'm also having a hard time seeing the legal grounds for the complaint, given that (as you note), the standard player contract would seem to seem to contradict their claims. They certainly have a point in terms of underlying fairness -- it doesn't seem they knew the importance of what they were signing -- but like you, I'm not sure that offers any legal recourse.

I'm also surprised their complaint isn't against the NFLPA, which may not have done its job counseling players on what they were signing away.
Posted By : Michael McCann

how bad is it for a coach to receive cash from a s...

Message posted on : 2009-08-30 - 19:40:54

how bad is it for a coach to receive cash from a slush fund?
Posted By : Anonymous

is it wrong for a coach to receive cash from a slu...

Message posted on : 2009-08-30 - 19:48:50

is it wrong for a coach to receive cash from a slush fund?
Posted By : Anonymous

is it wrong for a coach to receive cash from a slu...

Message posted on : 2009-08-30 - 19:54:27

is it wrong for a coach to receive cash from a slush fund?

have evidence; not sure what to do with.
Posted By : Anonymous

how bad is it for a coach to receive cash from a s...

Message posted on : 2009-08-30 - 20:07:23

how bad is it for a coach to receive cash from a slush fund?
Posted By : Anonymous

Even though the author of this article did not spe...

Message posted on : 2009-08-31 - 07:08:19

Even though the author of this article did not specify, I assume from the context and the way the charges are referenced (criminal) and talk of possible prison time, that this case is being brought by the District Attorney, and is not a civil suit brought by the boy's parents? The DA must think he has some solid evidence, or they would have declined to prosecute.

The only parable I have to offer here, is that when I was in the Army, in basic training, two soldiers died in the hot Southern summer, while training. Both drill sergeants were relieved of duty, then kicked out of the Army. If this coach did anything wrong at all with regards to this young man, denying water, forcing him to exert himself in 94 degree heat as a punishment, what makes any of you think he should get off scott-free, simply because 'it could be any coach that this happened to'?

'Everybody does it' doesn't make it right.
Posted By : Anonymous

Anonymous 8/31/09, I'm not sure if you read t...

Message posted on : 2009-08-31 - 09:26:14

Anonymous 8/31/09,

I'm not sure if you read the entire piece, but it discusses how the trial, which begins today, is a criminal one and how it concerns counts of reckless homicide and wanton endangerment, both of which carry maximum five-year prison sentences. The column also discusses the criminal elements of reckless homicide and wanton endangerment that prosecutors need to prove beyond reasonable a doubt.

As referenced in the column, there is a separate wrongful death civil litigation, which is not examined in-depth in this piece, though will be in a future column.
Posted By : Michael McCann

I'm thinking Anon 7:08 was still waking up.

Message posted on : 2009-08-31 - 09:51:59

I'm thinking Anon 7:08 was still waking up.
Posted By : Anonymous

Anon 7:08, I don't even understand the analog...

Message posted on : 2009-08-31 - 10:58:04

Anon 7:08,

I don't even understand the analogy. Being relieved of duty and discharged is not the same as spending up to 5 yrs. in prison.
Posted By : Rick Karcher

It is amazing that pundits who have little or no e...

Message posted on : 2009-09-01 - 12:51:15

It is amazing that pundits who have little or no experience in the European Basketball world compare a 14 year Spanish player living in working in his home town & country with an American teenager
playing in a foreign country without the cultural tools to exist in a foreign country. BTW for every Rubio ( the jury is still out on his final career success) there are dozens of teenage players that crash & burn even their homelands.
The players would be better served to spend TWO years in college than ONE.
I have 36 years of experience in NBA matters as a player representative & Management Executive/attorney plus 30 years of repping players in Europe & a former Team owner in Greece.
Are the colleges ripping the kids off, sure. Give them a stipend and other small perks but do not lead these youngsters over the cliff with European dreams. Often older American players have trouble adjusting overseas no way 16-19 year olds would do better.
Posted By : Yorgo

Thank you for giving the good post. It makes me to...

Message posted on : 2009-09-03 - 07:04:44

Thank you for giving the good post. It makes me to work upon the incidental matter easily. It is very informative. It is useful for everyone.
Posted By : paul

It is a nice post. I have really got amazed over t...

Message posted on : 2009-09-03 - 07:07:13

It is a nice post. I have really got amazed over the information in this post. It is useful to get something better. It helps to get some information about the incidental matter easily.
by
arts
Posted By : jenny

You got a really useful blog I have been here read...

Message posted on : 2009-09-03 - 12:01:25

You got a really useful blog I have been here reading for about an hour. I am a newbee and your success is very much an inspiration for me. Please come visit my site Jacksonville Yellow Page Business Directory when you got time.
Posted By : Anonymous

Wow! Thank you! I always wanted to write in my sit...

Message posted on : 2009-09-03 - 12:02:40

Wow! Thank you! I always wanted to write in my site something like that. Can I take part of your post to my blog? Please come visit my site Indianapolis Business Directory when you got time.
Posted By : Anonymous

Hi Yorgo, thanks for your thoughts. This is the a...

Message posted on : 2009-09-03 - 23:06:16

Hi Yorgo, thanks for your thoughts. This is the author of the Situationist article here.

I know that the transition to a foreign culture is a rough transition for many but isn't it conceivable that young athletes might be more open to such a move since they aren't as tied down by family obligations? After all, plenty of affluent young students go study overseas and there's nary a peep against that.

Also, I would argue against your main point that players should spend two years in college. The main crux of my article wasn't that the system is exploitative (which I would argue it is) but that kids from certain socioeconomic situations have precious little choice but to go after the immediate money in order to support themselves and their families. Two years in college, with no income, is hardly a choice when your family is facing eviction or worse. That's why I believe going to Europe is a viable option in cases such as these.

Cheers,
JC
Posted By : Jason Chung

Jason, Having represented many 'hardship&quo...

Message posted on : 2009-09-04 - 14:34:26

Jason,

Having represented many 'hardship'
basketball players, I realize the economic circumstances at home quite well. But the success rate of early entry players is much lower than generally thought because the stars draw all the attention. Two years of college prepares them much better for pro basketball & life. As for foreign exchange students; they generally do not face fire bombs and angry mobs after failing a test but players do after losing a game. And
that is from their own fans !
And contrary to predictions of just last year, European basketball
does not have the financial backing to pay difference making money to one than one or two players a year if that. European basketball is dividing into the haves( now less than 12 teams) and everybody else. Feel free to contact if you wish to discuss this further; I enjoy the exercise.
Posted By : George

Hi George, I guess my counter would be that it&#3...

Message posted on : 2009-09-04 - 20:34:49

Hi George,

I guess my counter would be that it's not up to the NBA or the Euroleague to dictate that choice upon players of legal age to work. Even if some players would be better served by extra seasoning in college (which I don't dispute for most players), why should we limit access to a professional workplace with an artificial age floor? We let 17-18-19 year olds work in a variety of environments and even serve in wars - what makes them inherently unfit for professional basketball?

If an American teenager makes the choice (like his European counterparts) to go abroad and make money and get international experience even after having been apprised of the risks, then that's his decision. It might fail, it might prove to be the folly of youth but it's a bit patronizing to believe that you know better than the individual making the choice.

Also, if the kid blows out his knee in college (a serious risk) then what does he get? In that case the player might not get re-offered his athletic scholarship resulting in not get an education AND not get paid. If his situation is comfortable, that's an acceptable risk but if you come from a background like Jennings' would you take that chance?

Granted the money in question might not be as great as advertised in Europe. But the poverty line in America is pretty low and to make even 3-5 times that number even for a year could help establish the young athlete and his family in a different situation (maybe a move to a different area of town, maybe a chance to open a small business with the seed money).

I don't have access to the players and I'm sure you're right to point out that many young players might squander it. But if teams and leagues were so concerned about the players then make them get a financial advisor, don't bar them from earning a living.

Thanks for your viewpoints George. I understand where you're coming from and I enjoy our debates. Let me know if there's an address in which I can reach you off blog.

Cheers,
JC
Posted By : Jason Chung

The article is very fine to read about the mental ...

Message posted on : 2009-09-04 - 23:28:15

The article is very fine to read about the mental illness and leadership positions. It gives some good innovative thoughts to everyone to face some crisis. Thanks for sharing with others.
by
thoi trang
Posted By : paul

indianexpress daily also published similar news, b...

Message posted on : 2009-09-05 - 16:04:46

indianexpress daily also published similar news, but i couldn't afford it
Posted By : remshad

This seems like it would be a very interesting blo...

Message posted on : 2009-09-06 - 04:10:57

This seems like it would be a very interesting blog to keep up with. Please come visit my site management strategic
give me any valuable feedbacks.
Posted By : customer relationship management solutions

I can see that you are putting a lot of time and e...

Message posted on : 2009-09-06 - 04:13:24

I can see that you are putting a lot of time and effort into your blog and detailed articles! I am deeply in love with every single piece of information you post here. Will be back often to read more updates! Please come visit my site quinn digital asset
when you got time.
Posted By : digital asset management products

You do have a point here :) I admire the stuff you...

Message posted on : 2009-09-06 - 04:14:11

You do have a point here :) I admire the stuff you post and the quality information you offer in your blog! Keep up the good work dude. Please come visit my site inventory management softwares
give me any valuable feedbacks.
Posted By : inventory management services

Me and my friend were arguing about an issue simil...

Message posted on : 2009-09-06 - 04:14:45

Me and my friend were arguing about an issue similar to this! Now I know that I was right. lol! Thanks for the information you post. Please come visit my site lean manufacturing training
when you got time.
Posted By : lean manufacturing consulting

Couldn't be written any better. Reading this p...

Message posted on : 2009-09-06 - 04:15:40

Couldn't be written any better. Reading this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing! I would love some feedback on my site business values
when you got time.
Posted By : study business ethics

Excellent article , i just share it with my friend...

Message posted on : 2009-09-06 - 04:16:08

Excellent article , i just share it with my friend of Italy. I Stumble UP your blog post , you will notice an increase of traffic within 24 hours for targeted people. Cheers . Please come visit my site businesses marketing
give me any valuable feedbacks.
Posted By : business intelligence 2009

Nice, I think it could be interesting to add some ...

Message posted on : 2009-09-06 - 04:16:55

Nice, I think it could be interesting to add some more entries following this one, and probably it's not only me having this opinion. Cheers! I would love some feedback on my site management business case
when you got time.
Posted By : business process management summit

Thank you for your good humor and for allowing you...

Message posted on : 2009-09-06 - 04:17:54

Thank you for your good humor and for allowing yourself to be convinced that this was the right show for you to work on. Please come visit my site journal of cross cultural management
when you got time.
Posted By : international journal of cross cultural management

Oh Pat, you've got friends! Don't give me that. Yo...

Message posted on : 2009-09-06 - 04:18:36

Oh Pat, you've got friends! Don't give me that. Your blog looks great and has good info. You can be friends with me. Please come visit my site corporate identity
when you got time. Thanks.
Posted By : corporate identity creator

Me and my friend were arguing about an issue simil...

Message posted on : 2009-09-06 - 04:19:09

Me and my friend were arguing about an issue similar to this! Now I know that I was right. lol! Thanks for the information you post. I would love some feedback on my siteleadership development program
when you got time.
Posted By : leadership development center

Hooplaw49@gmail.com My comments are based on over...

Message posted on : 2009-09-07 - 15:19:50

Hooplaw49@gmail.com

My comments are based on over 35 years of real life experience

I would like to explain the difference between theory & real world at great length with you

You mean well but these kids are not choosing the European teams from a college catalogue but are being exploited by street agents and worse
Posted By : George

A golfer (Tiger Woods for instance) can be an Athl...

Message posted on : 2009-09-09 - 15:36:38

A golfer (Tiger Woods for instance) can be an Athlete, that does not make golf a sport.

Jeff Gordon may be an athlete, that does not make Nascar a sport.

Just because these drivers train hard, are in the gym all the time and are in great shape does not make Nascar a sport.

The act of working out and being in good physical shape is not the sport/activity it self. Just because Nascar drivers are in good shape does not make Nascar a sport.
Posted By : Anonymous

His last name is spelled 'Gillispie.'

Message posted on : 2009-09-15 - 22:38:59

His last name is spelled 'Gillispie.'
Posted By : Will

Very interesting blog and comments. Very interest...

Message posted on : 2009-09-16 - 00:07:50

Very interesting blog and comments. Very interesting angle to take at the world of sports. I look forward to reading more of this. Thanks!!
Posted By : John

This is just what I was looking for. The templates...

Message posted on : 2009-09-16 - 08:28:28

This is just what I was looking for. The templates are a nice idea. Good Luck
more templates easy to download
Posted By : Anonymous

Hey that is really very much impressive informatio...

Message posted on : 2009-09-16 - 09:05:05

Hey that is really very much impressive information which you shared with me. And that blog is so fantastic thats why i always visit on that article.
learn to meditate
herbal medicine
travel resort
Posted By : learn to meditate

Howard, I'm not sure if you've found the ...

Message posted on : 2009-09-16 - 14:02:48

Howard,

I'm not sure if you've found the complaints filed by Gillispie and the University in their respective cases yet, but if you haven't, they are both linked in the post below:

http://sports-law.blogspot.com/2009/07/catching-up-on-gillispie-v-university.html

Meanwhile, the Lexington Herald-Leader (http://www.kentucky.com) seems to be doing the best job of tracking the litigation, including making publicly posting some court documents on their website (including the two complaints linked in the post above).
Posted By : Nathaniel Grow

Sad day. Thanks for informing. Not that it 'm...

Message posted on : 2009-09-16 - 17:39:55

Sad day. Thanks for informing. Not that it 'matters' but I'm reading he was 67: http://sports.espn.go.com/ncaa/news/story?id=4478889
Posted By : Anonymous

Thanks, I went ahead and edited my post with the c...

Message posted on : 2009-09-16 - 22:42:17

Thanks, I went ahead and edited my post with the correct information.
Posted By : Ed Edmonds

Yesterday, I made a mistake when first posting the...

Message posted on : 2009-09-17 - 08:02:14

Yesterday, I made a mistake when first posting the notice of the death of Myles Brand. The Sports Business Daily's post listed the correct age of Brand as 67.
Posted By : Ed Edmonds

Congratulations, you just earned yourself an entry...

Message posted on : 2009-09-18 - 07:39:51

Congratulations, you just earned yourself an entry in my feed reader, great blog. Please come visit my site fleet management solutions give me any valuable feedbacks.
Posted By : garmin fleet management

There is obviously a lot more than this. Would you...

Message posted on : 2009-09-18 - 07:40:36

There is obviously a lot more than this. Would you mind telling me how long it took you to gather your content? Please come visit my site supply chain management industry when you got time.
Posted By : supply chain management software service

This article was extremely interesting, especially...

Message posted on : 2009-09-18 - 07:41:30

This article was extremely interesting, especially since I was searching for thoughts on this subject last Thursday. Please come visit my site point of sale material when you got time.
Posted By : store point of sale software

I really liked your blog! You have some great cont...

Message posted on : 2009-09-18 - 07:42:17

I really liked your blog! You have some great content. Please come visit my site time management tips when you got time.
Posted By : time management stress

Thanks for the update guys, but does everything on...

Message posted on : 2009-09-18 - 09:03:31

Thanks for the update guys, but does everything on this blog have to be a plug for your latest paper? It seems as though it's getting that way more and more over time
Posted By : Anonymous

Stinson was found not guilty on all counts yesterd...

Message posted on : 2009-09-18 - 09:41:33

Stinson was found not guilty on all counts yesterday. Just an FYI for anyone wanting to know the outcome.
Posted By : Pbenn001

While Title IX may have extended opportunities for...

Message posted on : 2009-09-18 - 14:56:15

While Title IX may have extended opportunities for women and is very likely responsible for the marked increase in women that surf (don't California high schools have surf clubs and surf teams?), the legislation continues to be problematic at the Collegiate level with men's sports teams and the penchant for many Athletic Directors to cut men's opportunities to balance the female opportunities under the law.
Posted By : Anonymous

This is unrelated, but I just read a pretty intere...

Message posted on : 2009-09-18 - 15:36:12

This is unrelated, but I just read a pretty interesting article regarding head injuries to NFL players. It specifically discusses Kyle Turley's situation, then expands into what the NFL should do about players understanding the risks about playing a contact sport.

http://profootballtalk.nbcsports.com/2009/09/18/kyle-turley-experiencing-potentially-serious-brain-issues/
Posted By : Anonymous

I believe that the NCAA must follow the lead of th...

Message posted on : 2009-09-19 - 02:04:22

I believe that the NCAA must follow the lead of the NFL. The previous 'laissez faire' attitude of NCAA President Myles Brand (Rest in Peace) allowing its member institutions to hide behind undefined hiring policy's is simply continued racism. But those institutions, just like professional leagues and college conferences, will not change until it is mandated or a financial gain is apparent. It is a stretch, but as the world class black athlete becomes more aware of the discrepancies, maybe they will begin to chose the programs that promote successful black coaches such as Randy Shannon at Miami and/or Turner Gill at Buffalo. Ultimately, the infusion of black administrators and college presidents may be the diversity needed to lead the way to leveling the playing field. Go NFL . . .
Posted By : Rob

Congratulations. Sincerely Lady Prodigy Basketball...

Message posted on : 2009-09-19 - 20:07:32

Congratulations.
Sincerely
Lady Prodigy Basketball
htt://www.ladyprodigybasketball.com
Posted By : Lady Prodigy Basketball

Marc, I agree with you. I do not see how the Supr...

Message posted on : 2009-09-19 - 23:54:09

Marc,

I agree with you. I do not see how the Supreme Court can equate the NFL as a single entity. Copperweld's facts are sufficiently different and all sports leagues have a confederation quality, rather than a unitary one. While the intellectual property issue does come close, it does not make it to single entity status. We'll see what happens.
Posted By : Mark Conrad

I could not disagree with you anymore on this arti...

Message posted on : 2009-09-21 - 10:03:18

I could not disagree with you anymore on this article. You are basically stating that the law should dictate to people what they can and cannot do and limit the growth and freedom of an activity practiced by millions. I fail to see what would be accomplished besides more lawsuits and a new revenue stream for greedy litigators? The amount of people this would protect would be extremely limited and as a result many large companies will simply abandon the sport; it is inherently dangerous, that is the attraction! While we are at it why don't we impose strict liability for motorcycle manufacturers?
I would be willing to bet as a percentage more people die due to motorcycle accidents than extreme skateboarding stunts.
Posted By : T6

The Rooney rule should apply to assistant coaches ...

Message posted on : 2009-09-21 - 13:45:24

The Rooney rule should apply to assistant coaches and coordinators as that is where head coaches come from.
Posted By : Anonymous

Rob, is it also 'racism' that there are ...

Message posted on : 2009-09-22 - 02:15:58

Rob, is it also 'racism' that there are many D-1 schools' basketball and football teams that are at least 65-70+% African-American....yet that team likely represents a school that may be 65-70+% white?
Until the 'racism' of teams not being representative of the school (at least in racial terms) is ended, those who complain about 'not enough' minority coaches--whatever that ratio/number/percentage 'enough' is--do not have any right to complain or a leg to stand on!
Posted By : Anonymous

Anonymous. No I don't believe that it is rac...

Message posted on : 2009-09-22 - 07:47:11

Anonymous.

No I don't believe that it is racist that schools which are majority white schools have majority black athletes . . . that is called wanting to win! Since the Black athlete has been allowed to participate in sports at majority white schools it has benefited the schools immensely both athletically and financially.

What is racist is when those majority white schools recruit these athletes, fail to provide them with the education they promised, and continue to overlook qualified Black assistant coaches and Black coordinators for high profile head coaching and sports administration jobs such as athletic director.

The racism comes into play when these schools use good ole boy practices such as nepotism to continue to hire their white friends and counterparts while locking out qualified Black coaches with more competitive experience, more coaching experience, and a better winning percentage.

I will pose the same question to you that I have to others on this and other blogs.

If it is not racism that is keeping qualified Black coaches locked out of the power positions in college sports . . . then what is?
Posted By : Rob

Such interesting read and information, thanks for ...

Message posted on : 2009-09-26 - 07:03:58

Such interesting read and information, thanks for sharing this post. I will check back to read your other new posts. Please come visit my site Denver Business Directory when you got time.
Posted By : Anonymous

The Big 10 does have one of the few hispanic coach...

Message posted on : 2009-09-27 - 14:15:52

The Big 10 does have one of the few hispanic coaches to be fair, so it isn't completely non-diverse.
Posted By : Anonymous

Rick - this whole college jersey issue seems very ...

Message posted on : 2009-09-28 - 22:48:43

Rick - this whole college jersey issue seems very problematic. NCAA bylaws specifically state that a player is 'required to take steps to stop such an activity [unauthorized commercial use of his or her likeness ] in order to retain his or her eligibility for intercollegiate athletics.â€� 12.5.2.2.
So this tidbit about the Tebows granting UF permission to use Tim's likeness raises 2 questions:
1. Doesnt the university, by even making this request of the Tebows in the first place, acknowledge that jerseys do in deed violate the player's right of publicity?
2. And if so (e.g. the jerseys are violations), havent Tebow and his university put Tebow in violation of this bylaw (because he is not 'taking steps' to thwart it)?
Sorry for the long post, but with all the suits against EA in the past year I would imagine jersey-related suits are not far behind. Im interested in your thoughts on everything.
Posted By : Anonymous

I understand the argument that athletes have a rig...

Message posted on : 2009-09-29 - 10:43:44

I understand the argument that athletes have a right to publicity, but the school owns the uniform and attached number. For this same reason, I don't think the videogame litigation will go anywhere.
Posted By : Michael

You raise excellent questions. The NCAA bylaws ar...

Message posted on : 2009-09-29 - 12:31:08

You raise excellent questions. The NCAA bylaws are entirely irrelevant in relation to whether a college player can establish a right of publicity cause of action in connection with jersey sales. So basically the NCAA can draft whatever it wants, and enforce (or not enforce) whatever bylaw provision it wants.

But this issue regarding Tebow's permission is interesting. In your first question, you're assuming that the university requested his permission -- but the article doesn't say that. Nevertheless, I agree with your assessment, i.e. they shouldn't need his permission UNLESS he does in fact have a right of publicity in the context of No. 15 jersey sales. From a right of publicity standpoint, the sale of jerseys is arguably even more problematic for universities than EA Sports because the schools can't argue 'somebody else (EA) is doing it, not us.'
Posted By : Rick Karcher

You guys are al sports nuts, and college sports su...

Message posted on : 2009-09-29 - 13:25:03

You guys are al sports nuts, and college sports suck up America's money.
Posted By : Anonymous

I'm not sure what you mean by the 'school...

Message posted on : 2009-09-29 - 16:33:06

I'm not sure what you mean by the 'school owns the uniform and attached number.' Are you saying that the school has a property right in numbers? If so, what's the basis of that property right?

Or are you just saying that the school's right to produce a replica jersey and to attach any number it wants should take precedent over a player's right in his identity? If that's what you're saying, then I'm curious to know how you are justifying that position.
Posted By : Rick Karcher

See, too much going on during the weekend of Yom K...

Message posted on : 2009-09-29 - 18:41:33

See, too much going on during the weekend of Yom Kippur for me to even realize that we were playing.

So what can I send up there?
Posted By : Howard Wasserman

Thanks, Matt. I appreciate it. Gabe

Message posted on : 2009-09-29 - 18:44:59

Thanks, Matt. I appreciate it.

Gabe
Posted By : Gabe Feldman

Thanks for the additional links. Does anyone know...

Message posted on : 2009-09-29 - 20:22:02

Thanks for the additional links. Does anyone know where we can get a copy of the currle NFL Constitutiona & Bylaws?
Posted By : Rob Macdonald

Take 2! Thanks for the fresh links. Does anyone kn...

Message posted on : 2009-09-29 - 20:24:02

Take 2! Thanks for the fresh links. Does anyone know where we can get a copy of the current NFL Constitution & Bylaws?
Posted By : Rob Macdonald

Hi, I just visited your sports site and intereste...

Message posted on : 2009-09-30 - 03:18:05

Hi,

I just visited your sports site and interested to give you an ad offer. It would be great if you post a review (with 3 link in the review) for us. For the review, I will give you $10. Please let me know your thoughts.

Thanks,
Varun
vgvarunwins@gmail.com
Posted By : Varun Gupta

Constitution and Bylaws: http://www.nflplayers.com...

Message posted on : 2009-09-30 - 09:24:03

Constitution and Bylaws: http://www.nflplayers.com/user/template.aspx?fmid=181&lmid=231&pid=358&type=c
Posted By : Pbenn001

I could see these types of contract clauses making...

Message posted on : 2009-09-30 - 10:56:45

I could see these types of contract clauses making their way into the NFL for D tackles and into MLB for players like Pablo Sandoval. Do you see a trend starting off of this?

Also, could a contract give a player an incentive to, say, increase their 40 time?
Posted By : Joe Defatte

Thanks so much for posting links to the various br...

Message posted on : 2009-09-30 - 11:27:59

Thanks so much for posting links to the various briefs. This case will be fascinating to follow...
Posted By : Ryan M. Rodenberg

Hi Joe, Thanks for the comment. I think these cl...

Message posted on : 2009-09-30 - 22:11:16

Hi Joe,

Thanks for the comment. I think these clauses make a good deal of sense for players who would otherwise struggle with weight. It is interesting, though, to see how teams actually measure weight -- given that some players could put on muscle in lieu of fat, with a corresponding increase in pounds, maybe pounds isn't a perfect metric. But I imagine it's the best proxy available.

I could see a team give an incentive clause for increase of one's 40 time, or some other measurable talent (and maybe this already happens). And it seems like there could be an opportunity for interesting research on these kinds of clauses and whether the standard player contracts in leagues could in anyway limit their scope.
Posted By : Michael McCann

Teams could use a BMI test instead of a strict pou...

Message posted on : 2009-09-30 - 23:11:29

Teams could use a BMI test instead of a strict pounds test. I think that would be a better test than the alternative.

It's very, very hard to improve a 40 time by anything substantial so I doubt this will ever be a contractual clause.
Posted By : Pbenn001

Yep, it's a great result. Glendale continues ...

Message posted on : 2009-10-01 - 11:34:39

Yep, it's a great result. Glendale continues to be screwed, the franchise loses value, the fans Southeast of Toronto continue to have to go across the border to see professional hockey, and there will be less money available to the creditors.

But Gary Bettman's Southern Strategy is intact, and the NHL can be assured that corrupt monies (Reinsdorf) are desirable and that bankruptcy does not mean that the NHL's skill at selecting owners to protect its value is at all questionable, let alone impaired.

The biggest celebrants of this ruling will be the fans of the team that finishes 8th in the East this year, who will get to attend and/or watch a few playoff games that might otherwise have been played in Toronto, where they have no incentive at all to field a good team.
Posted By : Ken Houghton

I'm writing an article about this whole fiasco...

Message posted on : 2009-10-01 - 17:21:00

I'm writing an article about this whole fiasco for a sports and entertainment law journal.

I'm looking at Balsillie's attempt to buy/relocate the team in Bankruptcy court as opposed to a court where antitrust concerns are more pressing. I was wondering if anyone was aware of articles or even blogs where the author discusses the legal precedent of the situation, specifically Judge Baum leaving open the door for future franchises to be sold in Bankruptcy court.

The situations is too new for any law review or journal to have written about. Any help would be much appreciated.
Posted By : Writing an article

Has the NFL filed its brief yet? If so, where can ...

Message posted on : 2009-10-01 - 22:56:10

Has the NFL filed its brief yet? If so, where can I locate it? Thanks.
Posted By : Pbenn001

Mike, you and Joe missed something: Why would you...

Message posted on : 2009-10-02 - 06:33:23

Mike, you and Joe missed something: Why would you want to 'increase' your 40 time (meaning you are slowing down)??? I'm guessing, but I think you mean you want to DECREASE your 40 time (i.e. go faster)!!!
Posted By : Anonymous

No, the NFL's brief is not due until November ...

Message posted on : 2009-10-02 - 07:40:38

No, the NFL's brief is not due until November 17th. Amicus briefs supporting the NFL will be due Nov. 24th.
Posted By : Nathaniel Grow

Are you sure? I heard conflicting discussions of t...

Message posted on : 2009-10-02 - 08:56:56

Are you sure? I heard conflicting discussions of this yesterday on the national news.
Posted By : Anonymous

Did you see or Know about any Sports Leagues? Reeb...

Message posted on : 2009-10-05 - 06:27:16

Did you see or Know about any Sports Leagues?
Reebok is supporting many sports league in the manner of Reebok Codes in which they offer promotional support to their leagues.
Posted By : Anonymous

I think you're in error when reporting that on...

Message posted on : 2009-10-05 - 12:23:14

I think you're in error when reporting that only Williams' head was cryogenically frozen and stored at Alcor. According to Ethic Soup blog, Ted Williams' body has been stored in a 10-foot-tall, stainless steel container at Alcor. His head was reportedly being stored in a separate container. The Ethic Soup post on the subject is good:

http://www.ethicsoup.com/2009/10/cryogenics-tellall-book-ted-williams-head-repeatedly-abused.html
Posted By : Anonymous

Perhaps this is a legal victory for the NHL but th...

Message posted on : 2009-10-06 - 10:23:40

Perhaps this is a legal victory for the NHL but the decision of this judge does not change a very basic fact: The Phoenix Coyotes do not generate sufficient interest in that area of the world to show a profit. The judge's decision did not change that; he does not have the jurisdiction to change that.

If a couple other NHL franchises find themselves in financial situations similar to the Coyotes in the near future, I wonder how this victory will assist the NHL in keeping their enterprise in the black.

This smells like a Pyrrhic victory to me...
Posted By : The Sports Curmudgeon

Hello,,, can we do link exchange with my blog..?? ...

Message posted on : 2009-10-06 - 16:09:18

Hello,,, can we do link exchange with my blog..??

http://sports-hot-news.blogspot.com
Posted By : Nababan

I really wanna join a weird club like racing but d...

Message posted on : 2009-10-07 - 04:22:07

I really wanna join a weird club like racing but don't really know how to go about it. Any ideas? I've heard of Clubbz.com. Any others. JB
Posted By : john

I don't really see a problem with the wildcard...

Message posted on : 2009-10-07 - 10:44:01

I don't really see a problem with the wildcard in baseball. For the amount of teams in the league, baseball has the least amount of playoff teams of any sport. Because of this, baseball already does the best job at putting the best teams in the playoffs. This season, the AL central happened to be a weak division. That may happen from time to time, but the wild cards in both leagues are very good teams this year. Also, because the MLB schedule is made in advance, I'm not sure how you would guarantee more meaningful games by eliminating the wild card. It's just as conceivable that the top two teams in each league could have cemented their place in the playoffs early and have little to play for in september.
Posted By : Jeremy

There have been four wild cards win the World Seri...

Message posted on : 2009-10-07 - 12:54:25

There have been four wild cards win the World Series. The 1997 Florida Marlins, the 2002 Anaheim Angels, the 2003 Florida Marlins, and the 2004 Boston Red Sox.

To change the system, we would need to go back to two divisions and let the division champions move to the league championship with the survivor going to the World Series.
So, depending on how you divide up the two leagues, this year we would have the Yankees playing the Angels and the Phillies playing the Dodgers. The Cardinals would not make it into the playoffs. Of course, if the setup had been different, the result might have changed as well.

Howard, I was not a fan of the wild card at first either. However, when I moved to Minnesota for six years, I became a bit more interested in the concept. If you eliminate the wild cards, you are certainly going to push out more 'small market' teams. The wild card does keep a bit more fan interest in the game in cities where there is a chance to advance. My bigger problem is with the number of games played. We should shorten the season. The chances of that are really remote.
Posted By : Ed Edmonds

Ed: I question your premise that eliminating the ...

Message posted on : 2009-10-07 - 17:48:29

Ed:

I question your premise that eliminating the wild card would hurt small-market teams, although I would have to look it up (and we would have to agree on a definition of small-market). Are small-market teams disproportionately winning the wild card while big-market teams are winning divisions? In six of the past seven years, the AL wild card has been the Yankees or Red Sox--whichever team did not win the AL East.

Jeremy:

Baseball has the fewest playoff teams, but baseball also has the most meaningful regular season. Things really get worked out over the course of 162 games in the way they do not over the course of 16 games (football), 30 (college basketball), or even the NBA (82 games).

Also, my point is not that eliminating the wild card will produce close pennant races every year. You're right; we don't know. This year only two divisions went down to the last weekend. But sans the wild card, there would have been real excited in two divisions (rather than just one) and one of the close races would have involved the two best teams in the league.

My point is that the close races we get will *never* involve the top teams; they always will be for the wild card among the fourth and fifth best teams in the league or among two teams competing for a weak division.
Posted By : Howard Wasserman

I couldnt stop laughing when the Twins player was ...

Message posted on : 2009-10-07 - 18:30:17

I couldnt stop laughing when the Twins player was celebrating and poured champagne on the interviewers head...lol...good times..
Posted By : constant gina

The Wild Card gives incentive to teams to play har...

Message posted on : 2009-10-07 - 22:22:52

The Wild Card gives incentive to teams to play hard the whole season. While I agree that I would like to see higher qualities teams playing each other for higher stakes late in the regular season, I do not think it's worth eliminating the wild card. Maybe the regular season should just be shortened. Individual games would matter more. Check out my sports blog at dmsportsnation.blogspot.com
Posted By : Dylan Murphy

You share valuable information and excellent desig...

Message posted on : 2009-10-07 - 23:36:03

You share valuable information and excellent design you got here! I would like to thank you for sharing your thoughts and time into the stuff you post!! Thumbs up. Please come visit my site San Antonio Business Directory when you got time.
Posted By : Anonymous

us are feeling - even from distant shores. Please...

Message posted on : 2009-10-07 - 23:38:07

us are feeling - even from distant shores. Please come visit my site San Diego Yellow Page Business Directory when you got time.
Posted By : Anonymous

mind that a lot of people are in. The sense of wan...

Message posted on : 2009-10-07 - 23:38:54

mind that a lot of people are in. The sense of wanting to help, but not knowing how or where, is something a lot of us are going through. Please come visit my site Dallas Business Directory when you got time.
Posted By : Anonymous

Howard - Here is a list of the playoff teams in ...

Message posted on : 2009-10-08 - 11:27:06

Howard -

Here is a list of the playoff teams in the American League from 2000-2009. The list is in order by East - Central - West - Wild Card. My main question for you is are you proposing to go back to two divisions or keep the current three divisions and use another playoff format.

2000 - New York Yankees, Chicago White Sox, Oakland Athletics, Seattle Mariners*
2001 - New York Yankees, Cleveland Indians, Seattle Mariners, Oakland Athletics*
2002 - New York Yankees, Minnesota Twins, Oakland Athletics, Anaheim Angels*
2003 - New York Yankees, Minnesota Twins, Oakland Athletics, Boston Red Sox*
2004 - New York Yankees, Minnesota Twins, Anaheim Angels, Boston Red Sox*
2005 - New York Yankees, Chicago White Sox, Los Angeles Angels of Anaheim, Boston Red Sox*
2006 - New York Yankees, Minnesota Twins, Oakland Athletics, Detroit Tigers*
2007 - Boston Red Sox, Cleveland Indians, Los Angeles Angels of Anaheim, New York Yankees*
2008 - Tampa Bay Rays, Chicago White Sox, Los Angeles Angels of Anaheim, Boston Red Sox*
2009 - New York Yankees, Minnesota Twins, Los Angeles Angels of Anaheim, Boston Red Sox

This is list by teams showing the number of times each team made the playoffs during this decade:

Angels - 6
Athletics - 5
Indians - 2
Mariners - 2
Rays - 1
Red Sox - 6
Tigers - 1
Twins - 5
White Sox - 3
Yankees - 9

No appearances - Blue Jays, Orioles, Rangers, and Royals

My point about small market teams is that an elimination of any playoff spots hurts the chances of a small market team making the playoffs. The Angels, Red Sox, and Yankees made a total of 21 playoff appearances. I think we can agree that they are â€œlarge market teams.â€� How we divide up the rest would be an interesting discussion.
Posted By : Ed Edmonds

I disagree with you, Chris. While a small fraction...

Message posted on : 2009-10-08 - 11:43:55

I disagree with you, Chris. While a small fraction of programs do make money on their revenue sports, the vast majority of Division I programs lose money even on revenue sports, to say nothing of non-revenue sports or Division II programs. As someone saddled with a great deal of educational debt, I find it hard to swallow that these players receive nothing for the commitment of college athletics. If your counter is that a player 'isn't really there for the education', I fail to see how that entitles them to some other form of compensation. An education is the compensation that is offered, take it or leave it.

Rick - Considering that Universities don't identify player's by name on the jerseys they sell, what right does a player have in his 'number'. Considering that a player is on the team for at most 5 years.

I think back to my younger years. I was a big Miami Hurricanes fan growing up and owned several #5 jerseys. Some of my favorite 'Canes wore 5 (including Edgerrin James and Andre Johnson). Sure, #5 referred to Edge while he was there, Andre while he was there, and Javarris James now. But the reference was amorphous. 15 is 'Tebow's' now, but it won't be in a few months. I know of several universities that have tradition surrounding a particular number (Syracuse comes to mind). How much can a player stake a claim in that number in 4 years?

And everyone IS doing it. Get a number 12 Miami Jersey (Jacory Harris), a 12 Texas (Colt McCoy),or a 12 14 Oklahoma (Sam Bradford).

I find it hard to believe Tebow or anyone else could establish a claim.
Posted By : Anonymous

But eliminating playoff spots also hurts the chanc...

Message posted on : 2009-10-08 - 11:47:54

But eliminating playoff spots also hurts the chances of large-market teams to make the playoffs. My point is that to make this a large-market/small-market issue, it must be that small-market teams are uniquely advantaged by having the wild-card and thus would be uniquely disadvantaged by eliminating the wild card.

And I would call the O's a large-market team, just a poorly run one.
Posted By : Howard Wasserman

Allow me to settle this... A 2004 study done in H...

Message posted on : 2009-10-08 - 12:37:16

Allow me to settle this...

A 2004 study done in Hard Ball Times shows a positive correlation between an MLB teams market size and wins, meaning a team in a larger market is more likely to come up with more wins in a given season then a small market team. If this is true, then a large market team has a greater chance of winning more games and as a result winning the division. With the large market teams more likely to win the division, this leaves the 'smaller' market teams competing for the lone wild card spot. Without the wild card spot, the large market teams would be taking the playoff spot and the small market teams would have nothing to compete for. Thus, Ed is correct in that a small market team loses more by eliminating a wild card spot then a large market team.
Posted By : Joe Defatte

Touche Howard. Thanks for the updated information....

Message posted on : 2009-10-08 - 15:48:37

Touche Howard. Thanks for the updated information. I would love to see the complaint!
Posted By : Mark Conrad

ink that both sides are in the wrong here. First,...

Message posted on : 2009-10-08 - 18:54:34

ink that both sides are in the wrong here. First, I despise fans that try to hold up a homerun ball for a ranson when that ball represents something meaningful to the player (see Jose Lopez from this year) but at the same time, a player shouldn't expect to just trade an autograph for a ball if it really does have some personal meaning to the player (say a first home run or some other individual milestone).

On the other hand, if the ball does have some value, why shouldn't the fan be paid for it? Why should a fan just give it away if the fan has a chance to make some money off the ball, and why does a player think that he should just be given the ball for some nominal or token gesture. If the player wants the ball, pay up and give the fan what might be fair market value for the ball.

I have no idea what kind of value this baseball may have on the open market, but I suspect it is worth more than a mere autographed baseball from Howard or any of the other Phillies. Shame on Howard (or team officials) for trying to pull a fast one on a 12 year old. But, at the same time, this 12 year old, her parents, and their attorney shouldn't hold the ball hostage. Does the ball hold some meaning for the 12 year old or is this just a straight up money grab by her and her family? I guess we will find out in time.

Suggestion: Have the IRS get involved and tax the girl and her family on the FMV of the ball. I suspect we will find out quickly whether or not she is in this for the money or not after that.
Posted By : Anonymous

Matt Carson and Chris Coghlan went through similar...

Message posted on : 2009-10-08 - 19:08:21

Matt Carson and Chris Coghlan went through similar ordeals this year trying to get home run balls back.
Posted By : Anonymous

Has anyone considered why we like giving so much? ...

Message posted on : 2009-10-09 - 02:46:39

Has anyone considered why we like giving so much? Well, psychologists would have us believe that we want to be liked, to be appreciated, to be wanted etc but when it comes down to corporate gift giving, does that really apply?
Posted By : prank video's

I want to thank you for this nice blog. Would you ...

Message posted on : 2009-10-09 - 02:47:36

I want to thank you for this nice blog. Would you mind telling me some secrets for a succesful blog ? Which could attract some visitors than it normally does. Please come visit my site funny video's when you got time.
Posted By : funny video's

Can someone please explain to me in laymans terms ...

Message posted on : 2009-10-09 - 09:26:17

Can someone please explain to me in laymans terms what this ' no agent' rule means. What can or cannot a college player do, what can or cannot an agent do?

JEL
Posted By : Anonymous

I am a former nfl player and most of you idiots do...

Message posted on : 2009-10-12 - 14:37:46

I am a former nfl player and most of you idiots don't have a clue of what your talking about. What players make is like pennys to what the nfl pockets every year. And how? Because of the players who play. You downplay guys like Joe Montana and i'm sure there's other guys with the status of Montana who's complaining also. You say that Joe Montana knew the risk and he made a choice to do it. We'll if Joe and some of the other hall of famers would have made that choice differently and not played, the game probably wouldn't be what it is today! Bottom line, these guys deserve more!!!
Posted By : Anonymous

Geoffrey, I enjoyed your article, it brings up so...

Message posted on : 2009-10-12 - 19:09:56

Geoffrey,

I enjoyed your article, it brings up some key issues and I liked the theoretical approach of the â€œblue sky lawsâ€�.

I have a few observations and questions for you.

1. I agree with your assessment of the unlevel playing field. Sports are actually inherently unleveled, that's why we are drawn to them. We either enjoy the dominance of a particular team, or the David and Goliath scenario that arises. College football is a great example, how many non-Michigan fans found themselves being able to turn off that game against Appalachian State?

2. To me, player health is perhaps the number one concern. It is not a coincidence that body builders and â€œproâ€� wrestlers are dropping dead in their early 40s. The only way to get around the player health issue would be to have physician monitored use/abuse. In my view, this opens a whole new can of worms, and takes us a bit off topic. Perhaps one of the reasons why â€œmany athletes use substances at levels that do raise genuine health concernsâ€� is because players are trying to stay undetected, and legitimizing the use/abuse would in fact lead to more health concerns. Just a thoughtâ€¦

3. Athletes as role modelsâ€¦ Many times, we can do much, much better... Certainly not a compelling argument on this topic. The â€œfallen heroâ€� argument was great.

4. Manipulation by gamblers, this one is tricky. I think it is more possible that athletes gambling rather than using/abusing steroids will lead to manipulation. That being said, there is a degree of truth to that point. Any illegal act by an athlete could potentially lead to manipulation by gamblers or organized crime. Not a very compelling argument for increased testing and punishment of steroids.

5. Fans don't like tainted sportsâ€¦ I think you were right on point here, for the most part, we don't care. Look at â€œproâ€� wrestling (sport or just entertainment, take your pick) for a prime example of this.

A few other observationsâ€¦

Many substances used by players for performance enhancement (or at least the pursuit of enhancement) are either outright illegal or by prescription only. How do you suggest the league should handle a player admitting to the use of an illegal substance? I like the idea of the blue sky method, but wouldn't you have to assume that many of the drugs used are taken off the controlled substance list in order for it to work? I can already see the line of AGs and senators demanding access to the athlete's admissions of federal law violationsâ€¦

A topic that has been debated on this blog before, and also noted in your article, is the collective bargaining aspect. I assume that your point here is that because you take the discipline aspect out of the equation, unions are more likely to accept this approach in the bargaining process. I'm not convinced that unions would consider it in their best interest for players to disclose what they are using to gain a competitive advantage (if any). It would certainly lead to more scrutiny by sponsors don't you think?

Great read, keep up the good work!

Jim
Posted By : Jimmy H

Hi to all, this blog is very nice. I want share in...

Message posted on : 2009-10-13 - 03:23:26

Hi to all, this blog is very nice. I want share information on list of insurance companies in USA, Alabama, Alaska, New Jersey, Florida, Mexico, New York, Washington and so on. The entire USA countries insurance companies list visit â€œAltiusdirectory.comâ€�. This URL may be helpful for you.

http://www.altiusdirectory.com/Insurance/list-insurance-companies-usa.php
Posted By : Kandukuri Kishore

Couldn't be written any better. Reading this p...

Message posted on : 2009-10-13 - 03:36:57

Couldn't be written any better. Reading this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing! I would love some feedback on my site advertising tv when you got time.
Posted By : radio stations

MLB need look only to the Japanese pro teams, whic...

Message posted on : 2009-10-13 - 08:58:48

MLB need look only to the Japanese pro teams, which retrieve all foul balls hit into the stands.
Posted By : Jason Wolf

Maybe they should look at how local Little Leagues...

Message posted on : 2009-10-13 - 09:56:57

Maybe they should look at how local Little Leagues treat foul balls. A fan must return the ball, but in exchange they get a free popsicle. Of course, this could lead to some major scrums for the free snack.
Posted By : Josh

Message posted on : 2009-10-13 - 10:25:34

This comment has been removed by the author.
Posted By : Pbenn001

I can't see anything changing until MLB does s...

Message posted on : 2009-10-13 - 10:26:42

I can't see anything changing until MLB does something about the fact that their baseballs last on average, 3 pitches during the games. It's quite comical that they'd ask for these back considering they throw balls away like it's nothing.
Posted By : Pbenn001

My understanding is that MLB officially considers ...

Message posted on : 2009-10-13 - 11:01:33

My understanding is that MLB officially considers any balls leaving the field of play to be abandoned property. Therefore, under traditional property principles, the first to possess the abandoned baseball becomes its rightful owner. Notably, in the case of Barry Bonds' 73rd HR ball, the court was unable to conclude who first possessed the ball, and thus awarded both claimants an undivided ownership interest.

Therefore, I agree that MLB could simply elect to change its policy and no longer consider balls leaving the field of play to be abandoned. However, I can't see MLB going down this road for several reasons. First, such a policy would be extremely difficult to enforce. Not only would MLB have to send people into the stands to retrieve every foul ball or HR hit, but it would also have to figure out a way to prevent fans from keeping the valued HR ball by instead simply returning a ball that they brought from home. Second, the benefits of such a policy would seem to clearly be outweighed by the costs. Changing MLB's traditional policy would result in a major P.R. nightmare. Meanwhile, situations like that with Ryan Howard arise extremely infrequently when compared to the total number of HRs and foul balls hit into the stands during the course of an full season. Thus, MLB would gain little by such a policy reversal, but would stand to lose an immeasurable amount of good will.
Posted By : Nathaniel Grow

Howard is not being deprived of all memorabilia. H...

Message posted on : 2009-10-13 - 14:39:56

Howard is not being deprived of all memorabilia. He has the bat with which he hit #200, and in some ways that's more meaningful than the ball.

Peter
Posted By : Anonymous

It was for $750,000 (shown on sports agent blog).

Message posted on : 2009-10-13 - 21:03:50

It was for $750,000 (shown on sports agent blog).
Posted By : Anonymous

Thats utter rubbish!! European and English soccer ...

Message posted on : 2009-10-14 - 01:47:47

Thats utter rubbish!!
European and English soccer competitive?
Bah!
By what measure?
lots to learn.
Posted By : Economica

Good site, thanks.

Message posted on : 2009-10-14 - 01:49:02

Good site, thanks.
Posted By : weight loss

Since the 'Black Sox Scandal' preceded t...

Message posted on : 2009-10-14 - 17:03:30

Since the 'Black Sox Scandal' preceded the Federal Baseball case, that incident is an interesting choice. Players and competition is also an interesting selection since the point of the antitrust exemption in labor terms was the lack of competition for a player's services.
Posted By : Ed Edmonds

Hi, this is Ashlee. Recently, I visited your blog ...

Message posted on : 2009-10-15 - 04:15:35

Hi, this is Ashlee. Recently, I visited your blog and found some useful information in your blog. I hope my blog which provides BLOGS DIRECTORY information might be helpful.

So, I request you to do the favour. Please place my blog link in ur blog roll and below is my blogs directory information Blogspot Directory and I also invite you to review my blog at your convenience.
http://blogs-directory-online.blogspot.com/
Posted By : Ashlee912

Wouldn't it be great if a court could?

Message posted on : 2009-10-15 - 12:50:38

Wouldn't it be great if a court could?
Posted By : Anonymous

I used to work as a law clerk for a company that h...

Message posted on : 2009-10-15 - 14:46:21

I used to work as a law clerk for a company that handles internet domain arbitration cases. There are tons of people who jump on famous brands or names and grab the rights to the domain names, in hopes of getting a quick payoff to relinquish the rights. At the company I worked for, whoever wanted the rights to a domain name would have to show some kind of right to the domain name (if your name is Chris Bosh, you obviously have more of a right to a domain name than somebody named Zavala, and there is arbitral caselaw to back that up). However, you HAD to have some right to the domain name, otherwise it was first-come first-served.
I haven't examined the statute under which Bosh sued this guy, but I have no idea how the judge could legally hand over the rights to other peoples' domain names, unless it was just handed over in lieu of cash payment. This was an interesting judgment.
Posted By : Beej

It's clearly in lieu of the $12,000 damages. ...

Message posted on : 2009-10-15 - 17:10:52

It's clearly in lieu of the $12,000 damages. Why are you reading so much into this?
Posted By : Ash B

Hmmm. When I went to the article, it said $120,000...

Message posted on : 2009-10-15 - 18:32:25

Hmmm. When I went to the article, it said $120,000 not $12,000. I swear it switched because earlier it did say $12,000 so I wonder what the deal is?
Posted By : Anonymous

It is in lieu of the damages (however much they ar...

Message posted on : 2009-10-15 - 19:05:54

It is in lieu of the damages (however much they are). But unlike the damages, Bosh is no more entitled to domain names such as britneyspears.com than Zavala is. So my question was how a court could grant that remedy.
Posted By : Howard Wasserman

Howard, just a thought - As to why Avala still has...

Message posted on : 2009-10-15 - 19:32:16

Howard, just a thought - As to why Avala still has the right to transact with these names, this was not a class action suit to my knowledge and therefore, technically, only Bosh's domain was deemed problematic. In theory, the facts/discovery could lead to a different result in the other 799cases (e.g. maybe the rest were fan sites protected by 1st Amend. - very doubtful indeed).

Also, I have read a few different news articles on this issue and some say that the judge 'ordered' this unorthodox remedy, while other articles claim it was a 'settlement.' I wonder if a reporter may have simply gotten confused and assumed this was a judgment and not a settlement. Makes sense that Avala would agree to this, as these names are not only worthless to him following the ruling but each is potentially very costly as well. Actually a hell of a deal for him if it satisfies the 120K debt he would have owed.
Posted By : Anonymous

You may have not intended to do so, but I think yo...

Message posted on : 2009-10-16 - 03:18:53

You may have not intended to do so, but I think you have managed to express the state of mind that a lot of people are in. The sense of wanting to help, but not knowing how or where, is something a lot of us are going through. Please come visit my site high school when you got time.
Posted By : math tutors

I am not really sure if best practices have emerge...

Message posted on : 2009-10-16 - 03:20:00

I am not really sure if best practices have emerged around things like that, but I am sure that your great job is clearly identifed. I was wondering if you offer any subscription to your RSS feeds as I would be very interested and can't find any link to subscribe here. Please come visit my site tax give me any valuable feedbacks.
Posted By : audit

This is just another reason why I like your websit...

Message posted on : 2009-10-16 - 03:20:44

This is just another reason why I like your website. I like your style of writing you tell your stories without out sending us to 5 other sites to complete the story. Please come visit my site phone when you got time.
Posted By : telephone companies

The article I read indeed said the court had award...

Message posted on : 2009-10-16 - 23:24:01

The article I read indeed said the court had awarded all 800 names to Bosh; and Bosh had said he would transfer them free of charge to the individuals referenced in the each of the domain names. I have to agree though, when I read this, I do not understand how the court could order that remedy; and how Bosh has any entitlement whatsoever in names other than his own unless he had filed a class action. The article I read did not indicate his suit was a class action. I don't think it was a settlement, since I thought the article said they had been unable to locate Zavala.
Posted By : Anonymous

Here's a nice summary as well: http://www.wins...

Message posted on : 2009-10-17 - 13:01:09

Here's a nice summary as well: http://www.winston.com/index.cfm?contentid=30&itemid=2335
Further, I don't think its an issue of 'unable' to located Zavala, but more like refusal to comply with summons and complaint which he received.
Posted By : Anonymous

Here's an interesting little tidbit. 'Th...

Message posted on : 2009-10-17 - 18:32:15

Here's an interesting little tidbit.

'The infringing website originally displayed ads using Bosh's name to generate revenue for Zavala and Hoopology.com, but had no actual association to Bosh.'

Type Zavala's website address into your browser. Or try some of the others from the list: tayshaunprince.com, deronwilliams.com, dannygranger.com

Would this case have been any different if Zavala owned it and just used it as a fan site? Would it depend whether the fan site was, say, profiting from ads? Does it depend on what the exact name of the website is? What if he were just 'squatting' on cb4.com?

What about this site (www.chrisbosh.org), which looks like a fan site (albeit not a very good one claiming that Bosh plays for the Pistons), but is set up for ads on the right hand column?
Posted By : Devin Black

...and the questions continue, the debate goes on,...

Message posted on : 2009-10-17 - 19:51:16

...and the questions continue, the debate goes on, and Zavala is nowhere in sight...but there is a court order and unless there is an objection, this case is closed...
Posted By : Anonymous

Clarification on the Mike Gundy rant: He was absol...

Message posted on : 2009-10-25 - 14:42:11

Clarification on the Mike Gundy rant: He was absolutely reacting to a member of the professional media. In fact, he was reacting to a column by a columnist (Jenni Carlson) from the Oklahoman -- the biggest paper in the state. In that press conference, he refused to answer any other questions about the game (which Ok St had won) or address any other media member besides Carlson. In fact, by going after a prominent member of the professional media covering his team, Gundy was doing the very thing you claim coaches are loathe to do in this post.
Posted By : William

good info..thanks for the information..sports law ...

Message posted on : 2009-10-25 - 15:57:29

good info..thanks for the information..sports law is importance nowadays.
Posted By : rex

Furthering the irony, a similar notion was made in...

Message posted on : 2009-10-26 - 18:11:10

Furthering the irony, a similar notion was made in the case of Gundy as was made here. Here it is asked whether he would have acted the same way to the professional media. With Gundy, where it was professional media, it was whether he would have acted the same way to a man.

Further, incidentally, the coach here humiliated a 20 year old student-reporter, whereas in the case of Gundy, the motivation of his 'tirade' was protecting his 21 year old student-athlete whom he felt was unfairly humiliated by the media.
Posted By : Devin Black

its really an informative blog. i mostly search fo...

Message posted on : 2009-10-28 - 02:21:58

its really an informative blog. i mostly search for used golf balls sale to get saving on golf accessories.
Posted By : Anonymous

I think a lot can also be said about how this rule...

Message posted on : 2009-10-28 - 12:57:43

I think a lot can also be said about how this rule is hurting NCAA basketball. At first glance, many expected the rule to help the NCAA game by increasing the talent level. While it has increased the talent level to a degree, it has also left larger Division 1 programs with some major problems. Coaches are now forced to decide whether to recruit a player, knowing he may only be on campus until April, thus ruining any chance of continuity within their program. Coaches also have to decide if taking the hit to their graduation rates and risking losing future scholarships is worth the risk.

Outside those issues, you're also seeing more recruiting violations relating to these 'one-and-done's' Memphis and USC have both been left to clean up the mess after their programs violated bylaws, only to see the coaches and players responsible move on scot-free.

I am of the opinion the NBA should go to a system like MLB. A player has their option out of HS, but once they enter NCAA they are there for three years or until they turn 21. I've heard this will never fly for money reasons, and I think its a shame. This type of rule gives the player the initial choice, while at the same time allowing the NCAA school some security. The current system has turned the NCAA into nothing more than a jumping off point for these kids who have no interest whatsoever in even being there. Keeping this system in place is only going to increase these types of problems.
Posted By : MBoyer3

Hi, Thanks for giving such information about base...

Message posted on : 2009-10-29 - 04:35:46

Hi,

Thanks for giving such information about baseball, It is not uncommon to find fantasy managers who actively participate in multiple fantasy baseball leagues every season.
Posted By : Boxbaseball

yeah its really intrusting story about Brian Urlac...

Message posted on : 2009-10-29 - 04:40:51

yeah its really intrusting story about Brian Urlacher. i often search for holabird sports promotion but luckily i found this blog. its really nice...
Posted By : Anonymous

I think pro athletes and their relationship to cri...

Message posted on : 2009-10-30 - 09:06:43

I think pro athletes and their relationship to crime is a result of, at least, their high profile lives and professions and the media. Fortunately for most of us, we are not under the constant scrutiny of the external population which includes media as well as its viewers. Athletes are also subject to unique brands of employment where restrictions on diet, sleeping patterns and relationships. More akin to military service than a civil service job, athletes are more likely to commit crimes that we hear about because, unfortunately, a large population of people are watching and listening to their lives.

http://thepierrepage.blogspot.com/
Posted By : The Jesus Formerly Known as AC Green

Being a massive soccer fan, I just find this rule ...

Message posted on : 2009-10-31 - 00:19:28

Being a massive soccer fan, I just find this rule interesting.

In foreign soccer leagues in particular, specifically Europe, the age restriction would never be allowed to pass since it is a restriction on trade. But with American sports leagues, particularly the big three, Major League Baseball, NBA and NFL, the anti-trust exemption allows this rule to exist where it would never exist elsewhere.

The argument that the NBA and the NCAA made is that most athletes can't make the jump from high school to the pro leagues. But that claim is belied by the high number of young soccer players all over the world who make the jump, including American players: Jozy Altidore, Freddy Adu, Eddie Gaven, Robbie Rogers, Landon Donovan, Danny Szetela, Bobby Convey, Santino Quaranta, just to name a few.

Sure these players have had individual ups and downs, but that doesn't make it wrong that they made the move.

What I find interesting is the number of high school basketball players who are signing professional contracts in Europe for a year or two before trying to get drafted into the NBA. As those leagues don't have the rule regarding year out of high school, you will probably see more and more players taking some time to experience european basketball.
Posted By : Matt Johnston

When dealing with the loss of a loved one, the las...

Message posted on : 2009-10-31 - 00:55:25

When dealing with the loss of a loved one, the last thing you need to worry about is bargain shopping. Bay Area Funeral Service is independently owned and operated, which allows us to provide the lowest prices possible. Available 24 Hours 365 Days A Year
Posted By : Anonymous

hi i already read your post.. and it is so nice.. ...

Message posted on : 2009-11-03 - 01:09:41

hi i already read your post.. and it is so nice..
_____________________
Elizabeth Wilcox
Posted By : Elizabeth Wilcox

the laws should be clearer in those cases and bigg...

Message posted on : 2009-11-04 - 10:17:26

the laws should be clearer in those cases and bigger punishments are require for these kind of actions
Posted By : NFL picks

Thanks for the update on this. I agree with Goodel...

Message posted on : 2009-11-04 - 12:56:57

Thanks for the update on this. I agree with Goodell here. Legal arguments aside, it just doesn't seem right for state law to trump a CBA in this case. On the other hand, if you look at his resume, I can see why the judge might have wanted to help out the Vikings but, of course, spinning it in 'legal' terms. https://www.hcba.org/District-Court/Larson-Gary.htm
Posted By : Anonymous

It seems as if the current feeling of the nfl is t...

Message posted on : 2009-11-04 - 15:35:41

It seems as if the current feeling of the nfl is that they are the most important entity. It almost seems like when anyone tells them what to do, they now want to change the rules, so no one can tell them anything. We all have a boss, and I think congress needs to make sure they don't make the nfl, and all powerful autocracy.

justin wright
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Posted By : sportslaw

Congratulations Peter. I look forward to reading ...

Message posted on : 2009-11-05 - 08:38:53

Congratulations Peter. I look forward to reading the book.
Posted By : Marc Edelman

Hi buddy interesting post about Barry Bonds to Sue...

Message posted on : 2009-11-05 - 17:03:54

Hi buddy interesting post about Barry Bonds to Sue Game of Shadows Authors, But NOT for Libel!! Could it be that the suit is designed to expose the leaker?
Posted By : Dental Phobia

I think NBA officials are focusing on business rat...

Message posted on : 2009-11-06 - 03:56:22

I think NBA officials are focusing on business rather than sports.They should take care only for sports.
Thanks
cosmetic dentists edinburgh
Posted By : louis

What is the difference between a Type A and Type B...

Message posted on : 2009-11-06 - 11:02:42

What is the difference between a Type A and Type B player? Is this defined in the CBA?
Posted By : Jeff

In a November '06 blog entry, ESPN's Keith...

Message posted on : 2009-11-06 - 12:14:56

In a November '06 blog entry, ESPN's Keith Law (http://insider.espn.go.com/espn/print?id=2678840&type=blogEntry&action=upsell&appRedirect=http%3a%2f%2finsider.espn.go.com%2fespn%2fprint%3fid%3d2678840%26type%3dblogEntry) revealed a lot of good info about how Elias determines whether a free agent is Type A, Type B, or neither.

First let's start with the positions Elias uses. All players (not just free agents) are put into one of five groups as seen below. Position is designated as the position at which the player appeared the most over the last two seasons.

* Group 1: first basemen, outfielders, and designated hitters
* Group 2: second basemen, third basemen, and shortstops
* Group 3: catchers
* Group 4: starters
* Group 5: relievers

Here are the stat categories used for each of the five position groups.

* 1B/OF/DH: PA, AVG, OBP, HR, RBI
* 2B/3B/SS: PA, AVG, OBP, HR, RBI, Fielding percentage, Total chances at designated position
* C: PA, AVG, OBP, HR, RBI, Fielding percentage, Assists
* SP: Total games (total starts + 0.5 * total relief appearances), IP, Wins, W-L Percentage, ERA, Strikeouts
* RP: Total games (total relief appearances + 2 * total starts), IP (weighted slightly less than other categories), Wins + Saves, IP/H ratio, K/BB, ERA
Posted By : Pbenn001

Forgot to mention: Check this link out as well for...

Message posted on : 2009-11-06 - 12:16:45

Forgot to mention: Check this link out as well for the current Elias Rankings and see who's a Type A and Type B, or neither.

http://www.mlbtraderumors.com/2009/10/elias-ranking-projections-update.html
Posted By : Pbenn001

In related news: Hermida to the Red Sox and Hardy ...

Message posted on : 2009-11-06 - 12:44:02

In related news: Hermida to the Red Sox and Hardy to the Twins.
Posted By : Pbenn001

Type A and Type B free agency categories are estab...

Message posted on : 2009-11-06 - 15:06:05

Type A and Type B free agency categories are establish under Article XX B.(4) of the current collective bargaining agreement. A Type A free agent is a player who ranks in the 'upper twenty percent (20%) of his respective position group.' A Type B free agent is a player 'who ranks in the upper forty percent (40%) but not in the upper twenty percent (20%) of his respective position group.'

Pbenn001's posting lists the player groups that Elias Sports Bureau uses to rank the players.

I had already started composing a post on the Hermida trade. I will add the Hardy trade to that post.
Posted By : Ed Edmonds

Great news!And thanks for giving link to brochure....

Message posted on : 2009-11-07 - 07:51:17

Great news!And thanks for giving link to brochure. Again Cheers!!!
dentists edinburgh
Posted By : tracy

Mr Edelman's economic analysis of property rig...

Message posted on : 2009-11-07 - 21:01:16

Mr Edelman's economic analysis of property righst extends to opening up a couple of sports eco textbooks. Mr McCann's economics analysis is contradictory and a previous post on these topics was removed.

Do the owners of sports law blog have their own little problem of engaging in anti-competitive practices. Maybe the 1st amendment doesn't apply in blogworld?
Posted By : Anonymous

I just wonder which side Prof. Griffin took when s...

Message posted on : 2009-11-08 - 02:41:28

I just wonder which side Prof. Griffin took when several of her school's lacrosse team were falsely accused--and whether she was one of the 88 faculty members...?? And did she say anything in their defense or not?
Posted By : Anonymous

David had to accept it! Now, others will take a le...

Message posted on : 2009-11-08 - 05:09:22

David had to accept it! Now, others will take a lesson from it.
cosmetic dentists edinburgh
Posted By : Luis

This is interesting. If teams really fail to offer...

Message posted on : 2009-11-09 - 11:49:53

This is interesting. If teams really fail to offer arbitration to a good amount of young players, it's going to flood the free agency market and decrease values. It's also going to mean that teams are going to continue the trend of developing young talent. They'll use them for only a couple of years, and then let them go in favor of cheap talent. It becomes a cycle. Already last year there were more unsigned free agents with big league experience than at any other time.

I wonder if there is going to be a growing salary disparity between the truly elite players and the 'run of the mill' big leaguer that is more replaceable? The elite will still get their money, but the journeyman will be replaced by the youngster making $400,000.
Posted By : gbroshuis

Thanks a lot for this information.It is really a g...

Message posted on : 2009-11-10 - 00:20:31

Thanks a lot for this information.It is really a great info on changing landscape of salary arbitration for players.

state labor laws
Posted By : Yaritza

If they have done fraud then they should be punish...

Message posted on : 2009-11-10 - 03:58:57

If they have done fraud then they should be punished. Its sad that raiders lost huge attorney fees also.

cosmetic dentists edinburgh
Posted By : louis

Ed, Here's a complete list of Type A and B fr...

Message posted on : 2009-11-10 - 12:43:28

Ed,

Here's a complete list of Type A and B free agents.

http://mlb.fanhouse.com/2009/11/09/free-agent-compensation-rankings-released/
Posted By : Pbenn001

Looking forward to reading this article. Could not...

Message posted on : 2009-11-10 - 14:03:36

Looking forward to reading this article. Could not agree more with what you say. I live for the day when a hero steps forward...some college president who 'takes back' control of athletic corporations (departments) and brings some sense to the equation EVEN IF it means alumni and others do not accept putting the hammer down. Enough is enough already, this is outrageous and we all know it--but we need a hero. A true hero. Who will it be???
Posted By : Anonymous

http://www.insidehighered.com/news/2009/11/11/tenu...

Message posted on : 2009-11-11 - 08:36:14

http://www.insidehighered.com/news/2009/11/11/tenure. Powerless, eh?
Posted By : Anonymous

I'm not sure I would say that there are limite...

Message posted on : 2009-11-11 - 17:48:45

I'm not sure I would say that there are limited to no repercussions for coaches who breach contract early. It seems like several big time coaching changes involved lengthy and expensive disputes over buyouts (Rodriguez and Saban), and while at the end of the day these may not hit the coaches hard financially, the schools will feel an effect either way (either getting the buyout or paying it) and the coach may take a PR hit. Perhaps schools should start creating more strict liquidated damage or alternate performance clauses in their contracts
Posted By : Jeremy

While I agree with what you say, nothing is going ...

Message posted on : 2009-11-12 - 00:03:56

While I agree with what you say, nothing is going to win until donors to schools' football programs stop controlling the football programs. Athletic directors need to get the victories to keep the money flowing from alumni and whoever else is willing to support the program, and if that means overpaying for top name coaches, so be it.
Posted By : Dylan Murphy

From the linked article: 'It's quite nat...

Message posted on : 2009-11-12 - 02:39:57

From the linked article:

'It's quite natural that they would feel unsafe,' Sharp said. But he said in the two years of the Cougars team's existence, nothing like this has happened. 'I hope they realize it was an individual action and not the team as a whole.'

But I guess, this can be used as such early warning, so in the future there will be no more action like this. Even if it is just individual action, but, still, can be affected the team as a whole.
Posted By : How to File Bankruptcy

Arbitration-eligible players: http://bizofbasebal...

Message posted on : 2009-11-13 - 11:31:34

Arbitration-eligible players:

http://bizofbaseball.com/index.php?option=com_content&view=article&id=492&Itemid=65
Posted By : Pbenn001

It's interesting that everyone here is so pro-...

Message posted on : 2009-11-13 - 12:24:59

It's interesting that everyone here is so pro-University/anti-employee. I guess that's because many are teachers at Universities. My initial question is whether Cailfornia schools would be subject to such an NCAA non-solicitation policy.

Second, you're basically advocating that assistant coaches not be able to move up by accepting a head coaching position at another school. That is, unless their contract just happens to be up, and/or his employer consents.

Third, it is the rare case in which a court finds an employee so unique that the judge will permit a negative injunction in the employment context (i.e., prohibiting an employee under contract from switching jobs). Maybe there are a few coaches for whom this would be a plausible argument, but for the most part it wouldn't. Recognizing this, schools have taken the buy-out route as the most appropriate (and enforceable) remedy.
Posted By : Anonymous

@ Ken Houghton I think they ran Faulk up the midd...

Message posted on : 2009-11-16 - 16:38:40

@ Ken Houghton

I think they ran Faulk up the middle on first down for no gain. then passed on second.

As for the call, I am all for it. Coaches need to put more pressure on defenses. There is nothing worse for a defense to know that you need to play all 4 downs every series. Forcing a 3 and 3 should not be victory for a D.
Posted By : Chris

What bothered me most was Trent Dilfer's analy...

Message posted on : 2009-11-17 - 00:41:46

What bothered me most was Trent Dilfer's analysis of the call, when he said that it was a terrible decision. Then asked what he would say if they had converted, he said it still would have been crazy. But that doesn't mean its wrong. It's too bad that everyone thinks that unconventional equals dumb.
Posted By : Dylan Murphy

This could actually work, kind of like how the peo...

Message posted on : 2009-11-17 - 00:46:03

This could actually work, kind of like how the people of Green Bay actually own the Packers. Although the first thing should be to get into a major conference.
Posted By : Dylan Murphy

What is th success rate for touchdowns after a pun...

Message posted on : 2009-11-17 - 12:58:07

What is th success rate for touchdowns after a punt? Granted, there was a 60% chance of making a first down (i.e., winning), but, if a team only makes a touchdown after a punt, for example, 35% of the time, then the chance of winning after the punt would be 65% - percentage of teams that do not score a touchdown and hence a separate path to a Pats win. Until we know the probability of the other path to a Pats win, it's hard to judge whether the path they chose was the correct one.
Posted By : Anonymous

Yeah I completely agree. Using the thing to prove ...

Message posted on : 2009-11-17 - 17:54:23

Yeah I completely agree. Using the thing to prove the thing is pretty circular. To spout a cliche 'hind site is 20/20'

Mike

TOPEKA ATTORNEY

CHARACTER EDUCATION KANSAS
Posted By : Mikethelawstudent

Anonymous: With 2:08 left and the Colts with only...

Message posted on : 2009-11-17 - 18:25:36

Anonymous:

With 2:08 left and the Colts with only one timeout, a successful 4th-and-2 conversion wins the game for all practical purposes. A conversion on 4th-and-2 would be successful 60 percent of the time. Historically, in a situation with 2:00 left and needing a TD to either win or tie, teams get the TD 53 percent of the time from that field position. The total win probability for the 4th-down conversion attempt would therefore be:

(0.60 * 1) + (0.40 * (1-0.53)) = 0.79 WP (WP stands for win probability)

A punt from the 28 typically nets 38 yards, starting the Colts at their 34. Teams historically get the TD 30 percent of the time in that situation. So the punt gives the Pats about a 0.70 WP.
Posted By : Pbenn001

This is definitely debatable issue...but good to k...

Message posted on : 2009-11-18 - 14:19:22

This is definitely debatable issue...but good to know that the matters are getting streamlined.
Posted By : Cornhole Bags

I hate to say it, but there is no privacy anymore....

Message posted on : 2009-11-30 - 09:43:25

I hate to say it, but there is no privacy anymore. It really is the wild west, and the line between public and private figures really has vanished. The law will take a long time to catch up with this fact. Back in the day when there were just newspapers or, even further back, when it was just 'word of mouth gossip,' the law could handle it. Not anymore. You (i.e. 'anyone') can argue what it should be until you are blue in the face. But with TMZ, Drudge, texting, camera phones, public 911 calls, FOIA provisions, email, IM'ing, and Skype, I'm sorry but privacy is now a passenger on a runaway train that's not coming back in the near future.*
*I realize there is no legal argument here, just a real world opinion and I wish it weren't that way, but it is. The world has changed from the days of Brandeis, and courts frankly will be powerless to keep things private no matter how many injunctions and rulings they enact or opine from the bench or their chambers.
Posted By : Anonymous

Anon, You're basically stating a conclusion a...

Message posted on : 2009-11-30 - 10:06:51

Anon,

You're basically stating a conclusion about technology's impact on the current state of privacy, and it doesn't address the legal question as to when and under what circumstances somebody has, or should have, a privacy claim. There is no question that technology has fueled much of the problem (which I discuss at length in my article). But the fact that technology permits people to do things doesn't mean they should be permitted to do it, nor that we should just simply say 'the law can't handle it.' So in answering the legal question, I'm not sure what relevance any of those things you mention has in regards to a news source's (or anybody else for that matter) liability for making a private matter public?
Posted By : Rick Karcher

Yes, like I said, I am not making a legal argument...

Message posted on : 2009-11-30 - 11:20:46

Yes, like I said, I am not making a legal argument (you can do that). I'm saying that the cat is out of the bag and its not going back in anytime soon with regard to privacy (public or private) because of technology. It's quite sad, actually, that there is virtually (no pun intended) no privacy anymore. I realize that the legal argument about rights is what is at issue here. I'm just saying Tiger, his lawyers, judges, academics and others might claim a violation of privacy and legal rights, and might even attempt to enforce them, and might even get the legal system to side with them. But its like this: the public will find out one way or another (let me add facebook, twitter, myspace, fax machines, scans, too) and if the one-done-wrong wants to sue or seek an injunction or damages or whatever, whether public or private, so be it. It will just make it worse for them. Therefore the public will have the upper hand in reality, maybe not in legality. Maybe it will deter conduct? Maybe not. Admittedly, I haven't read your article, but I hope you at least mention that.
Posted By : Anonymous

No one would claim that the fact that Tigher's...

Message posted on : 2009-11-30 - 12:10:04

No one would claim that the fact that Tigher's wife was beating him with a golf club when he crashes--or the fact that the above is not so--is a problem with his earning monies from golf.

In Tiger's case, only about 10% of his annual earnings come from his sport. The rest of his Earnings are from his image and reputation--not his golf reputation, but his reputation as a person. (Seve Ballesteros, for instance, didn't come close to Tiger's total comp, though his golf winnings were fairly comparable.)

Every other high-comp position--finance, film, C-level industry contracts--has a 'morals'/'reputation risk' clause, and accompanying penalties. Why w/should a professional athlete be treated any differently? (Let's ignore that they often are; Kordell Stewart's walks on the wild side didn't make Pittsburgh police blotters, for instance.)

Personally speaking, I could care less if Tiger is cheating on his wife, drunk, or just had a bad moment with his laser-surgeried eyes. (Well, I care about the latter if there is a trend in that surgery that makes it more harmful than reported, but that has nothing necessarily to do with it being Mr. Wooods.)

But I don't give him $100MM a year to endorse my products.

The people who do want to be certain that they aren't getting, say, a Sebastian Janikowski or a Lawrence Phillips. And they don't want their spokespeople turning out to be such. That logo on Tiger's cap didn't get there because he went into Dollar General and picked one up. The one on his sleeve isn't just because he found it at Mo's or The Sports Authority and thought it looked cool.

Sponsors have a right to protect and defend their investment practices.

If I drove up onto my lawn, knocked over a fire hydrant, and was subject to a 911 call from my neighbor reporting me sprawled on their lawn, I wouldn't have the option of declining to speak with the police about the incident. And while it's true that I wouldn't be featured on CNN's front news page, the argument that privacy trumps the right to enforce a contract--or determine if someone is in breech of it--seems a rather dubious one.
Posted By : Ken Houghton

Whether Ken realizes it or not, everyone has the r...

Message posted on : 2009-11-30 - 12:52:56

Whether Ken realizes it or not, everyone has the right to remain silent, including declining to speak with the police.
Posted By : The Privacy Law Site

Ken, You bring up some valid points regarding how...

Message posted on : 2009-11-30 - 12:55:45

Ken,

You bring up some valid points regarding how superstars are sometimes given preferential treatment, but....

Almost every article, news coverage, hack reporter out there are spending 95% of the coverage on the 'mistress' story and the theory that his wife went nuts and chsed him with a golf club... What possible nexus (to use an example from Rick's article) is there between the accident and the hyped up, sensationalised, cheating scandal stories that so called journalists are running with?
Posted By : Jimmy H

Anon, I think you raise an interesting point abou...

Message posted on : 2009-11-30 - 13:01:17

Anon,

I think you raise an interesting point about technology. I think deterrence is key, and the law can certainly do that. Here is a good example:
http://www.cleveland.com/tribe/index.ssf/2009/11/indians_grady_sizemore_starts.html

Grady Sizemore just filed a lawsuit against a website for posting nude and partially nude photos of him that were obtained off his girlfriend's cell phone. Now, if the law doesn't step in on this one and say 'you can't do that,' well, then people will not be deterred from doing it.
Posted By : Rick Karcher

I need to clarify that the press release regarding...

Message posted on : 2009-11-30 - 13:25:12

I need to clarify that the press release regarding Sizemore does not state that a lawsuit has been filed, it states that 'legal action has been taken' and that it's 'a legal matter under investigation.'
Posted By : Rick Karcher

Every citizen, including Woods, has a right to rem...

Message posted on : 2009-11-30 - 16:50:53

Every citizen, including Woods, has a right to remain silent. But if you do something in a public way that has no obvious explanation and you choose to exercise your right to remain silent, you necessarily give people license to speculate. It's not as if trees and the fire hydrants typically run into cars. Usually, trafffic accidents come with a need to explain what happended. This is particularly true when someone ends up unconscious and in a hospital. Whether the cause is as simple as poor lighting or temporary distraction or something more problematic as alcohol, Rx painkillers, speeding, or being chased by a wife who is wielding a 9-iron, you can't just go crashing into things and not expect people to ask questions. And if the police suspect one of the problematic reasons, then the police have every right to ask questions. If there is reason to believe a crime has been committed, Woods certainly can continue to exercise his right to remain silent, but his right to privacy for conduct related to a possible crime has been forfeited.
Posted By : Jerry

I'm listening to a sports talk station right n...

Message posted on : 2009-11-30 - 17:42:20

I'm listening to a sports talk station right now where the three hosts are literally beside themselves with laughter discussing this story. They're convinced of all sorts of 'facts' which have no particular basis in reality. No amount of laws, as Professor Karcher self-righteously insists we need, will 'deter' such jackassery.

Unless, of course, Professor Karcher simply wants the government to publish a list of topics that are forbidden from public discussion. If that's the case, he should have the guts to say so instead of hiding behind nonsensical tort theories.
Posted By : S.M. Oliva

You know, I only see a deterrent to all this as be...

Message posted on : 2009-11-30 - 17:57:43

You know, I only see a deterrent to all this as being a criminal law approach not a civil (tort) law one. Technology, coupled with vicious human beings and nosy journalists, etc., have turned privacy on its head so that 'privacy rights' and 'public figures' (or anyone for that matter) might actually be an oxymoron in today's world. The whole privacy right discussion or argument, if you prefer, might actually represent a dying tort fading away with changing times and technology. Creative and vindictive people will find a way to expose private issues of anyone, let alone Tiger, with a few clicks in front of a computer screen and they could care less if they are sued or what a judge says.
Posted By : Anonymous

Jerry, If there is reason to believe a crime ha...

Message posted on : 2009-11-30 - 18:28:28

Jerry,
If there is reason to believe a crime has been committed, Woods certainly can continue to exercise his right to remain silent, but his right to privacy for conduct related to a possible crime has been forfeited.

Reason to believe a crime was committed? Believed by whom? The media? Of course the police can and should investigate what may be a criminal act, but that has little to do with what the media is reporting.

Since when do you forfeit your right to privacy simply because a crime may have been committed? To my knowledge, no criminal charges have been filed. And even if there were charges filed, Woods, or his spouse, would certainly still retain their right to privacy. That right to privacy is completely independent of any criminal investigation. An investigation by the authorities is not a violation of privacy; the intrusion of the press however, is a different animal.

One of my favorite comments from a local radio personality in Tampa today:
â€œwhat I want to know is, if there was nothing fishy going on, what the hell was he doing in his car at 2:30 amâ€¦..â€�

Well, if that's evidence of a crime, lock me up!
Posted By : Jimmy H

'Tiger Woods' ability to earn millions...

Message posted on : 2009-11-30 - 19:49:30

'Tiger Woods' ability to earn millions of dollars in tournament prize money every year is not dependent on what you or anyone else thinks of him.'

I'm not sure of this.
The 'celebrity' of Woods is what has turned 6-figure purses only 15-20 years ago into million dollar wins. Woods is unquestionably talented, but it's not his talent that doubles the TV ratings and media attention of the events in which he participates.

ESPN, Cable TV and the internet have turned athletes into celebrities, to the benefit of athletes who now make millions due to the massive TV and media packages teams/leagues can sign.

Just like 'implicit bargain of modern celebrity' of actors and actresses (and Paris Hilton), these athletes have made a similar choice to participate in the multi-billion business of mainstream US sports.
Posted By : Anonymous

Jimmy, I respectfully disagree. If a crime has b...

Message posted on : 2009-12-01 - 10:08:35

Jimmy,

I respectfully disagree. If a crime has been committed or the police are investigating a crime, I think the facts related to that crime are open to the public. Obviously, Woods is not required to provide those facts to the police or the press. But a crime is an offense against society and public resources are used to investigate, prosecute and deter crime. Thus, if an affair leads to marital strife, which leads to abuse, then I think those facts are fair game for to media.
Posted By : Jerry

Thanks so much for the post, update and links!

Message posted on : 2009-12-01 - 14:10:02

Thanks so much for the post, update and links!
Posted By : Anonymous

yes, thanks nathaniel

Message posted on : 2009-12-02 - 17:52:04

yes, thanks nathaniel
Posted By : Anonymous

did MLB stay out of this discussion altogether bec...

Message posted on : 2009-12-03 - 02:59:29

did MLB stay out of this discussion altogether because of their exemption?
Posted By : Steven

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

Message posted on : 2009-12-03 - 05:04:26

I recently came across your blog and have been reading along.This is great post keep updating me.Thanks for the great reading, small business loans . I will pass this on to our Ira clients to read. I found this great website for free online service. business loans
Posted By : business loans

Every good blog has two features, they have a very...

Message posted on : 2009-12-03 - 09:11:46

Every good blog has two features, they have a very good topic and you see lot of good comments. Its blogging that has made me know new things everyday. I absolutely sure that people in this world have come closer in their personal world. There so many things working for a blog and the topic. Its just a flat world now because of blogs like this one, I appreciate it. Invisalign Birmingham
Posted By : Dentists

The link to the rest of the article does not work....

Message posted on : 2009-12-07 - 14:40:56

The link to the rest of the article does not work. It says the page is no longer available.
Posted By : ShirleyHuangESQ

Hi Shirley, Thanks for the letting me know. I #3...

Message posted on : 2009-12-07 - 17:32:21

Hi Shirley,

Thanks for the letting me know. I've corrected the link.
Posted By : Michael McCann

Craig and Catherine, Thanks for watching it and I...

Message posted on : 2009-12-07 - 17:33:10

Craig and Catherine,

Thanks for watching it and I appreciate your kind words.
Posted By : Michael McCann

Professor McCann: I would not even try to debate ...

Message posted on : 2009-12-07 - 20:35:59

Professor McCann:

I would not even try to debate you regarding Tiger Woods' Constitutional rights and the way that he has execised them. I would point out however that he is now - - and will continue to be - - tried in the Court of Public Opinion where Constitutional rights tend to blur a bit.

The 'tabloid media' - - to include Internet outlets - - do not care about his obligation or his non-obligation to speak to the police. They care about his 'celebrity status' and any possible way that he may be using that status to get better treatment from law enforcement officials than Joe Sixpack on the streets. No offense, but arguments based in legal theory have no weight here.

A key issue in the case is that Tiger Woods is reportedly the world's first billion dollar athlete. He made the vast majority of that money pitching products to the public. Now that the public - - as represented by the tabloid medai - - wants to kow something about him, he demands privacy.

I think a large part of the mood of the public at the moment is: 'If privacy is all that important to you, give the money back...'
Posted By : The Sports Curmudgeon

Anon, There is already precedent for it, in which...

Message posted on : 2009-12-08 - 09:13:05

Anon,

There is already precedent for it, in which schools have sought and obtained negative injunctions. I don't agree with your last statement.

Nathaniel,

You raise an interesting point. But I don't really feel too badly for Cincinnati either. I guess I feel bad for student-athletes (and recruits signing LOIs) who are committed and bound to stay, but the system allows their coaches to freely leave whenever they feel like it, which really doesn't make sense conceptually from a league/competitive balance aspect.
Posted By : Rick Karcher

Have these negative injunctions (precedent) had an...

Message posted on : 2009-12-08 - 09:51:41

Have these negative injunctions (precedent) had any positive impact at all?
Posted By : Anonymous

The impact, whether positive or negative, would de...

Message posted on : 2009-12-08 - 11:08:32

The impact, whether positive or negative, would depend upon which party's perspective you are viewing it from.

The negative injunction essentially provides a remedy for the non-breaching party (the school) because it requires the coach to make a decision -- either stay or try to work out a settlement with the school.

I also think public policy supports enforcement, in that society has an interest in adherence to contractual obligations.
Posted By : Rick Karcher

Sorry for the long response here: Could not agree ...

Message posted on : 2009-12-08 - 11:49:29

Sorry for the long response here: Could not agree more: public policy and the moral responsibility to keep and enforce contractual obligations. Simple concept and is arguably the most important force in maintaining society from complete chaos. My thought is that if the NCAA is not willing to get involved (which it won't, but it should), and the college presidents tell the world they are 'powerless' as you've discussed in previous posts (and won't get involved, but should), and the A.D.'s fail to offer contracts more favorable to the colleges, and the courts have proven ineffective in stopping this behavior, negative or positive injunction or not, and coaches and A.D.s continually 'settle,' then we are left with merely an academic discussion about how life should be, rather than how it is. Anyone with a moral compass knows that the annual rite of passage of coaching changes involving one breach of contract after another (and in some cases, 'in your face' breaches) is 'wrong.' Whatever happened to the sanctity of a contract? Meanwhile, the rest of us just sit back, write, complain, yet remain powerless to change this system. That is, indeed, unfortunate. And especially unfortunate for the student-athletes...
Posted By : Anonymous

Rick, I agree that the real losers in all of this...

Message posted on : 2009-12-08 - 13:04:58

Rick,

I agree that the real losers in all of this are the student-athletes. Of course, the student-athletes are going to be hard pressed to enforce the coach's contract in court, so it really comes down to the universities. In a case like that involving Brian Kelly, I'd think that Kelly/ND would have a pretty good unclean hands defense in the event that Cincinnati ever actually sought an injunction.

My apologies if this rehashes any of your argument in the article, as I haven't had a chance to read it yet (but look forward to doing so).
Posted By : Nathaniel Grow

Nathaniel, Unclean hands wouldn't be a defens...

Message posted on : 2009-12-08 - 13:34:36

Nathaniel,

Unclean hands wouldn't be a defense in the context you are raising it. Typically, the defense only applies when the conduct relates to the controversy/parties in issue. The fact that Cincinnati hired Kelly away from CMU years ago wouldn't relate to the controversy in issue between Kelly/ND and Cincinnati (see, e.g., the New England Patriots v. Univ. of Colorado case).
Posted By : Rick Karcher

1. Isn't the policy against indentured servitu...

Message posted on : 2009-12-08 - 15:38:35

1. Isn't the policy against indentured servitude (which is an overstatement of but not altogether different from continued employment enforced by injunction) at least as strong as the policy in favor of enforcement of contract? Coaching contracts have buyout clauses in them for a reason, which is to provide some teeth to the contract without imprisoning the employee. (Again I realize I'm being melodramatic.) If these schools are so loath to pay the big bucks necessary to attract top coaching talent, the buyouts that they have to pay should significantly impede movement.

2. Do you believe that a school should not be allowed to fire a coach? If not, why is that breach of contract any more objectionable?

3. My impression was that Lajoie has hardly been followed at all in the hundred or so years since it was proclaimed. Do we really want our judges deciding who is uniquely skilled? Are judges (or arbitrators more likely, given the time constraints) able to decide based on any reasonable evidence that Brian Kelly is irreplaceable but Art Briles (for example) is not? That Adrian Peterson can't hold out for a new contract but Pierre Thomas can?

4. Analogizing to the tampering rules in the NFL is somewhat misleading. Coordinators and other assistant coaches are allowed to interview with other teams for promotions. (I know there are rules for Super Bowl coordinators on interviewing during the bye week, but to my knowledge there are no other restrictions for other coaches after the season ends.) It's true that teams don't hire head coaches from one another, but I'm not sure that's a matter of tampering rules. In the NFL, all teams are equal, at least in principle. It's bizarre to imagine the Dallas Cowboys hiring Jack Del Rio from the Jaguars (even recognizing the reputation disparity between those teams). But the 'big time' programs have intrinsic advantages - larger budgets, better facilities, more attractive locations, all of which enable better recruiting. A coach, no matter how good he is, probably has a glass ceiling at a place like Cincinnati that no NFL coach faces. The fact that undefeated Cincinnati and TCU are not in the championship game, and that similar situations have recurred throughout the BCS era, clearly speaks to that. It seems fair that, if he earns it, a coach can move to a place where the sky is the limit.
Posted By : Tim Gerheim

Tim, 1. It's very difficult to argue 'i...

Message posted on : 2009-12-08 - 16:37:18

Tim,

1. It's very difficult to argue 'indentured servitude' when you look at the compensation made by today's coaches. Moreover, they are not at will employees; i.e. they are not 'free agents' like professional players after the expiration of their contracts. Many coaches' contracts do not contain liquidated damages clauses, for example Brian Kelly's does not. But you're right, to the extent there is such a clause, it tends to impede movement and perhaps more importantly, gives the non-breaching party a remedy.

2. When a school fires a coach (without cause), the coach is entitled to salary owed for the remainder of the contract term. And therein lies the problem; it's a one-way street (absent a liquidated damages clause).

3. No. The Lajoie has in fact been followed numerous times. There are lots of cases from the 60s and 70s (before everything got ironed out in the CBAs). But if you want a more recent case (from 1990), check out Boston Celtics v. Shaw. And judges have routinely held that professional athletes meet the unique skills test, regardless of how good they are.

4. There are certainly the 'have' teams and the 'have not' teams in professional sports just as in college sports. I think you have certain norms in any industry. The 'coaching carousel' norm in college basketball and football is the result of absolutely no effort whatsoever to try to stop it. All it takes is for a small handful of schools to prevail on a negative injunction until coaches and the soliciting schools say, maybe we can't do that. Until that (or a no tampering policy) happens, they will continue to do it.
Posted By : Rick Karcher

For a new paper rejecting the Thirteenth Amendment...

Message posted on : 2009-12-08 - 20:36:57

For a new paper rejecting the Thirteenth Amendment arguments against specific-performance of employment contracts (which is a version of what Rick is arguing for), see this from Nathan Oman:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1462728
Posted By : Howard Wasserman

'All it takes is for a small handful of schoo...

Message posted on : 2009-12-08 - 21:23:28

'All it takes is for a small handful of schools to prevail on a negative injunction until coaches and the soliciting schools say, maybe we can't do that. Until that (or a no tampering policy) happens, they will continue to do it.'

Pretty much sums it up, but forget the no tampering policy--the NCAA will never do it on its own.
Posted By : Anonymous

The Thirteenth Amendment isn't really the issu...

Message posted on : 2009-12-09 - 07:47:24

The Thirteenth Amendment isn't really the issue with negative injunctions because it isn't requiring the coach to work for the school or work for anybody. The coach has breached and the primary issue then becomes the school's damages. If there is a liquidated damages clause, it answers the question. If not, the problem becomes how to determine the school's damages, which are extremely difficult (if not impossible) to ascertain. Because the coach meets the unique skills test (and it is very difficult to argue that today's coaches don't meet that test), the school is entitled to the negative injunction.

All the misgivings associated with court intervention (i.e. judicial resources, oversight, etc.) should not be a concern here, because the reality is that it is a very quick judicial determination with no oversight. As I said, it just shifts the burden to the coach to either stay put or try to work something out with the school (which then essentially operates as a liquidated damages clause that is negotiated post-breach).
Posted By : Rick Karcher

Hi Admin Thanx for appreciating my favorite person...

Message posted on : 2009-12-09 - 11:49:20

Hi Admin
Thanx for appreciating my favorite personalty Attorney John M. Powers, Jr. Good info also ......
thanks again
Posted By : isolinx

Nice to find a place for good updates! Thanks!

Message posted on : 2009-12-09 - 12:13:11

Nice to find a place for good updates! Thanks!
Posted By : Minneapolis DUI lawer

I find it difficult to get too worked up about thi...

Message posted on : 2009-12-09 - 12:49:20

I find it difficult to get too worked up about this issue. Other than possibly the players left behind, there are no injured parties. As others have mentioned, schools could negotiate buyouts in advance. See Rich Rodriguez & West Virgina. It simply is a matter of bargaining power. When Cincinnati approached Kelly from C. Mich, it had most of the power -- just as now Notre Dame has more power than Kelly. Once the school selects a coach, then the power becomes more even depending on the terms the coach is able to negotiate. If the coach can negotiate a deal that does not contain a buyout, then good for him. The system only favors coaches to the extent the coaches are succesful on the field. Lower profile schools know that they are stepping stones, but they can protect themselves.
Posted By : Jerry

Jerry, You raise an interesting point, but with a...

Message posted on : 2009-12-09 - 15:19:36

Jerry,

You raise an interesting point, but with all due respect, it's not really one that adds anything from a legal standpoint.

To answer your first point, the injured party is the school (the non-breaching party).

Moreover, there is nothing in the law that says, 'if a contract doesn't contain a liquidated damages clause, the non-breaching party has no recourse.' That would be a terrible rule from a policy standpoint.
Posted By : Rick Karcher

I only see three of the above relating to online d...

Message posted on : 2009-12-09 - 16:01:29

I only see three of the above relating to online dating sites.
Posted By : Anonymous

We have a few college students online from College...

Message posted on : 2009-12-09 - 19:26:48

We have a few college students online from College of Norwich University and we love your blog postings, so well add your rss or news feed for them, Thanks and please post us and leave a comment back and well link to you. Thanks Jen , Blog Manager Saint Michaels College.
Posted By : Saint Michaels College

What about the possibility of a student-athlete(s)...

Message posted on : 2009-12-09 - 20:28:42

What about the possibility of a student-athlete(s) arguing that they are intended third-party beneficiaries of the contract between the coach and university, and thus seeking to stop a coach from jumping ship from that angle?
Posted By : Bill

I agree wholeheartedly with what you say in your a...

Message posted on : 2009-12-10 - 02:10:44

I agree wholeheartedly with what you say in your article, and as one of the few BCS supporters around, I'm a little dubious about this. As a 1L, I haven't had the chance to take antitrust law, and I'm relying on what little I had as an undergraduate. I was wondering if Congress may have had a better leg to stand on by attacking the BCS from an antitrust standpoint. It seems like there might be a case to be made under section one of the sherman act by the rule of reason? If someone could prove that the BCS is an agreement between at least two parties as opposed to an NCAA rule, that the BCS adversely affects competition in college football, and that there is an anticompetitive effect which outweighs any procompetitive benefits. It seems like one could make arguments for each of the three above elements. Would this be a possible/better route to take by Congress than the one mentioned in your article?
Posted By : Jeremy

Blogs are so informative where we get lots of info...

Message posted on : 2009-12-10 - 06:09:15

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

Doctoral Dissertation
Posted By : marry

Blogs are so informative where we get lots of info...

Message posted on : 2009-12-10 - 06:18:24

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

nursing dissertation
Posted By : marry

Interesting discussion on the First Amendment. In ...

Message posted on : 2009-12-10 - 06:19:51

Interesting discussion on the First Amendment. In reality, Congress is attempting to take the easiest way to address the issue by essentially trying to legislate from the 'fraud' angle rather than withholding federal funds angle which would be my preference. In fact, the latter is done all the time in other contexts though most of us would call that extortion.
Posted By : Anonymous

It's just politics.

Message posted on : 2009-12-10 - 07:40:01

It's just politics.
Posted By : Anonymous

Third party beneficiary argument: very creative! W...

Message posted on : 2009-12-10 - 07:43:56

Third party beneficiary argument: very creative! Who would be willing to pursue it, however? Has anyone? Even so, what would the damages be and wouldn't the issue be 'moot' once it works its way through the legal system?
Posted By : Anonymous

Howard: Good points. Let me thrown a few more sho...

Message posted on : 2009-12-10 - 18:12:05

Howard:

Good points. Let me thrown a few more shots at this legislation. First, exactly what is 'false and misleading' as yo ucorrectly point out. Second, the application of the Central Hudson test, which still governs commercial speech has evolved over the years to an 'intermediate scrutiny plus' standard. Even if there is a substantial governmental interest here (which I question and think the whole exercise is a waste of time), then the legislation must 'directly advance' that interest and cannot be more restrictive than necessary. I doubt this legislation would pass that test. And Commercial speech gets less protection than non-advertising speech!
Posted By : Mark Conrad

Yes I believe they should be punished and Coach is...

Message posted on : 2009-12-10 - 20:24:11

Yes I believe they should be punished and Coach is right for sending them home. After all, the rest of the team made it to work on time, showing that the late players were either (a) very unlucky, or, more likely, (b) irresponsible for not checking the weather reports and planning accordingly. Obviously, if there is extreme weather which causes significant delays, players should be excused for their tardiness. Even though Thomas notified the team that he would be late (in accordance with team policy), this does not excuse him from punishment. This notification simply lets the team know that he will be at the meeting and that he is not in any danger. If the same situation were to occur in a more 'normal' work environment, and 49 out of 53 workers arrived on time despite a forseeable storm,those 4 who were late would have a tough time avoiding punishment. Thomas needs to be more responsible and plan ahead, and maybe he should try weather.com, I hear it is a very good site.
Posted By : Jake J

What sort of 'normal' job do you have wh...

Message posted on : 2009-12-10 - 20:35:14

What sort of 'normal' job do you have where you would get punished for being half an hour late because of weather?
Posted By : kellemonster

The fact is that this punishment does not happen i...

Message posted on : 2009-12-10 - 23:01:30

The fact is that this punishment does not happen if the Patriots are not reeling. For this first time in a long time, people are questioning Belichick. He's just trying to make a statement to reassert his authority. Although I think he's wrong, this definitely does not happen if the Pats are 9-3.
Posted By : Dylan Murphy

Absolutely an okay move. It's about being prof...

Message posted on : 2009-12-10 - 23:31:30

Absolutely an okay move. It's about being professional and responsible. What if you are late to the courthouse and your case gets tossed out? Same concept here. You're not always going to get a free pass. Early is the new 'on time,' or at least it should be.
Posted By : Pbenn001

Great article, thanks for sharing your thoughts. I...

Message posted on : 2009-12-11 - 01:00:56

Great article, thanks for sharing your thoughts. I find this case very interesting. I think that one player shouldn't void a contract. If he doesn't like shoe he should be able to choose one that he feels comfortable in. He is still wearing the uniform, t-shirts, and warm-ups that have the Adidas logo on them. That should be enough to satisfy Adidas.
Posted By : Disability Insurance

Rick, To the extent that we can call the universi...

Message posted on : 2009-12-11 - 10:31:36

Rick,

To the extent that we can call the university the injured party because it is the non-breaching party, then it still is hard to get worked up about this. They previously induced a similar breach by the same coach with his former team. Also, I'm not even sure we can call this a breach. Contracts in lots of industries are interpreted according to cutomary practice in the industry. It is customary in college for coaches to climb the ladder from lower profile to higher profile schools. Many contracts contain specific clauses to let coaches out or prevent them from going to specific competitors, such as another school in the same conference. I don't know the terms of Kelly's Cincinnati deal, but the school is hardly injured. They will just go out and induce the next up-and-coming Division 2 coach to breach his agreement.
Posted By : Jerry

If a case gets tossed because a lawyer is 20 minut...

Message posted on : 2009-12-11 - 10:39:51

If a case gets tossed because a lawyer is 20 minutes late in a snowstorm, then the judge needs to be impeached. We need to keep things in context and not look to punish athletes just because they're rich and famous. I could go either way on this one. On one hand, everyone else made it on time and adults have a responsibility to check the weather and plan ahead. On the other hand, as the saying goes, 'the best laid plans . . .' If he gave himself extra time, then called when he realized he wasn't going to make it, I can understand why Thomas was upset about being sent home. This would not happen in 'normal' jobs, except in a few very unique circumstances.
Posted By : Jerry

Jerry, Courts don't determine breach based up...

Message posted on : 2009-12-11 - 13:33:33

Jerry,

Courts don't determine breach based upon what is customary in the industry. [If that were true, a contract would serve no purpose.] Sometimes courts will look to industry custom when terms are ambiguous or not defined in the contract -- for example, price, time for delivery, etc.
Posted By : Rick Karcher

If this were really a breach that Cincinnati was c...

Message posted on : 2009-12-11 - 15:25:23

If this were really a breach that Cincinnati was concerned about, then they could enforce the agreement. Obviously, they could not force Kelly to coach the team, but the could force him from going to a competitor. This happens all the time in other industries. Corporations can protect themselves by preventing former employees from going to competitors. We all learned in our first year contracts class that there are such things as efficient breaches. People and firms breach agreements every day and the 'injured' party has a remedy. If Cincinnati did not negotiate a remedy or is unwilling to enforce its right to a remedy, why shold anyone care? Next time they poach a coach from a lesser school, they can do what West Virginia did. I already hear that they are looking at coaches from Univ of Houston and Temple. Temple just had its first winning season in a generation. Will Cincinnati respects Temple's contract with its coach? Should we call Temple a 'victim'?
Posted By : Jerry

There's nothing wrong with the move from a pro...

Message posted on : 2009-12-11 - 22:48:23

There's nothing wrong with the move from a professional standpoint, people have been disciplined in my office for arriving late in a minor snowstorm (though it may only be that they had to work to make up their time during lunch) the larger question is why with their season teetering on the brink would you suspend four players from a day of practice that the entire team needs. my two cents (worth not even that) is that he should have done what a high school coach would have done, make them run wind sprints at the end of practice until he was satisfied or they collapsed (whichever comes first). Making them leave practice only makes sense if they are a distraction while they are at practice too (which with moss's character coming to the team and adalius's attitude after the suspension may have been the case). Make the punishment help your team not hinder them.
Posted By : Anonymous

Message posted on : 2009-12-11 - 23:20:55

This comment has been removed by the author.
Posted By : pcbro2

first I'll pose a question, what are the legal...

Message posted on : 2009-12-11 - 23:22:31

first I'll pose a question, what are the legal ramifications if any if he had done as players (Iverson and Favre) have started to do which is to retire in order to get out of a contract only to unretire as soon as a preferred suitor comes along?

and I believe from a policy perspective the players are definitely an injured party (though not entirely from a legal perspective unless the intended third party beneficiary argument holds.) They were sold a bill of goods that this team would have Kelly as the coach, and I'm sure he made that clear when he recruited the players (you wouldnt get recruits if your pitch was i may leave if i get a 'better' job offer). After hearing the players comments today I'm glad they're upset and angry and hopefully it helps them play with even more emotion v Florida. Should be an interesting game.
Posted By : pcbro2

Thanks for the post. If you don't mind, HELL Y...

Message posted on : 2009-12-12 - 20:24:14

Thanks for the post. If you don't mind, HELL YEAH!
Posted By : Anonymous

Does anyone have any concept of where they infer a...

Message posted on : 2009-12-13 - 17:42:24

Does anyone have any concept of where they infer an agreement under Section 1 here? Off the top, I see that being a major hurdle. I cant imagine any direct evidence of an agreement to conspire and proving a circumstantial agreement is extremely tough for plaintiff. Just wondered if anyone had anymore knowledge on that area.
Posted By : MBoyer3

I'm pretty sure they don't have to prove a...

Message posted on : 2009-12-14 - 01:27:27

I'm pretty sure they don't have to prove an agreement to conspire. They have to prove that it was an agreement (in the sense that at least two parties were involved), and that it was in restraint of trade. Someone please correct me here as I'm still a 1L and haven't taken antitrust law, but I presume there will be a rule of reason analysis done here which is easier to get than the per se violation of section 1. Or would they be more likely to challenge the BCS as a monopoly under section 2? I'm not really sure, perhaps someone with more knowledge can chime in.
Posted By : Jeremy

Agree with Jeremy that a agreement with respect to...

Message posted on : 2009-12-14 - 14:12:17

Agree with Jeremy that a agreement with respect to the championship game will be relatively easy to prove, but anticompetitive effect will be very difficult. Remember, the status quo ante was no playoff and no guarantee of #1 meeting #2. The parties are not required to create an agreement that would be 'more competitive' than the BCS. I recall the mid-1990s when both Penn State & Nebraska were undefeated and unable to meet because of conferene commitments to the bowls. Nebraska was voted #1 by the two major polls. That's the situation the BCS was intended to prevent. The fact that it isn't perfect because it is not a playoff does not make it an antitrust violation. Without the BCS, the big bowls most likely will go back to their conference commitments. The Rose Bowl or Sugar Bowl or Orange Bowl will never invite TCU, Utah or Boise in the absence of the BCS agreement. That's because without the BCS agreement, the bowl sponsors make more money by sticking with the big conferences.
Posted By : Jerry

Scrutiny of Section 1 only applies if the plaintif...

Message posted on : 2009-12-14 - 18:57:03

Scrutiny of Section 1 only applies if the plaintiff can prove the defendants acted jointly. These agreements can be proven by direct evidence (like express agreements) or by circumstancial evidence (playing follow the leader). If an agreement is found, then a characterization analysis can be carried out (per se versus rule of reason). I dont know what their specific claim is, but it seems to me, they may have a refusal to deal (boycott) claim. If that is the case, there is at least precedent for applying the per se rule. But they have to show an agreement to even get to that point. That is the point Im uncertain about.

I dont think a Section 2 monopolization claim is even an option here, because I dont know what kind of market theyd have monopoly power in, and even then refusals to deal in monopolization cases are given much more leniency than in the Section 1 type.

Id like to see exactly what claims there are in this case though. Does anyone have any idea or possibilities?
Posted By : MBoyer3

We through this blog trying to spread the Educatio...

Message posted on : 2009-12-15 - 07:14:32

We through this blog trying to spread the Education in world. As today word is going to more techno shavy and mass is going to be more and more educated. So to spread education or get education one need to go to schools and for this the schools addressso, a list of collection of schools in dwarka http://www.dwarkaguide.com/Dwarka_Schools_Colleges.html dwarka schools list could be bit useful for schools addres search.
Posted By : achrome

Message posted on : 2009-12-15 - 10:16:27

This comment has been removed by the author.
Posted By : Akismet

I have a copy of the NFL brief

Message posted on : 2009-12-15 - 12:29:29

I have a copy of the NFL brief

http://www.ualberta.ca/- bhumphre/nfl_brief.pdf

Not sure where I found it, but it was not Lexus-Nexus

Brad
Posted By : Brad Humphreys

No question. Of course, if they hadn't set the...

Message posted on : 2009-12-15 - 15:28:35

No question. Of course, if they hadn't set the first time, then probably not.
Posted By : Michael Risch

What about the play clock?

Message posted on : 2009-12-15 - 15:54:50

What about the play clock?
Posted By : Jake

It depends on how long a timeout would be in the s...

Message posted on : 2009-12-15 - 17:10:53

It depends on how long a timeout would be in the state where this high school game was played, and if and when the official whistled play to resume.

If a timeout was two minutes, they did not wait long enough and the play would not count. But there would be no illegal motion (or delay of game).
Posted By : JimmyG

Calling illegal motion on them is like calling ill...

Message posted on : 2009-12-15 - 17:50:56

Calling illegal motion on them is like calling illegal formation in 'The Longest Yard' When the offensive line all shifts over for the screen pass to Michael Irvin. It's too cool to call a penalty.
Posted By : Dylan Murphy

it is a false start because the linemen's hand...

Message posted on : 2009-12-16 - 04:24:21

it is a false start because the linemen's hands touch the ground which is their set position, then they lift up. so that would be the first penalty actually.
Posted By : Scott Ficklin

Thanks for the post, Michael. This case has an in...

Message posted on : 2009-12-16 - 14:21:08

Thanks for the post, Michael. This case has an interesting twist because of the Cuban connection and the assistance provided in the process of getting to Andorra. The outlay of money to get Chapman to the point of trying out for teams and working towards signing a contract might have been higher than usual, but many agents provide this type of assistance and clients jump to another agent before the original agent has a chance to collect on the big payday. It will be interesting to watch how this plays out.

In a side note, I agree that this an interesting topic for a seminar paper, and I just added it to my list for the spring semester. One of the benefits of this blog is the number of possible paper topics that regularly appear.
Posted By : Ed Edmonds

Ed, thanks for those comments. I particularly lik...

Message posted on : 2009-12-16 - 22:17:47

Ed, thanks for those comments.

I particularly liked your point that the initial investment required in representing Chapman is higher than it would be for a U.S. player. I wonder if that might have legal significance -- might a court be more persuaded to recognize tortious interference in this kind of setting? It's probably a very hard claim for any plaintiff-original agent who has lost a client to another agent, but maybe the dynamics here work at least in some ways in the original agent's favor.
Posted By : Michael McCann

This is one of the intriguing instances of trying ...

Message posted on : 2009-12-16 - 22:26:49

This is one of the intriguing instances of trying to determine the difference between illegal activity and sleazy activity.

In an arena where people are behaving shady to begin with, it can be extremely difficult to draw legal lines in the sand.
Posted By : hayeslegal

What makes anyone think it has to be illegal or sl...

Message posted on : 2009-12-17 - 00:00:23

What makes anyone think it has to be illegal or sleazy? Did you not read the statement that the new representatives said their representation of Chapman was unsolicited?
Posted By : Anonymous

If anyone believes Aroldis Chapman went and sought...

Message posted on : 2009-12-17 - 00:49:27

If anyone believes Aroldis Chapman went and sought out the cell number of the Hendricks brothers and/or Rodney Fernandez -- who, to date, have negotiated exactly ZERO contracts for Cuban defectors -- they're delusional.

It seems like the original agent was in over his head, which might make this a tough lawsuit to win, but the underlying legal reasoning is valid.

As for the choice of venue, I, too, was a little surprised by that, as well as the fact API didn't name Rodney Fernandez or any other individual as a defendant.

However, I then noticed that the Miami-based law firm Greenberg Traurig is representing API. This is pure speculation, but I bet GT purposely avoided filing in Miami because it knows Cubans have such a home home-field advantage there.
Posted By : Anonymous

In this era of web 2.0, we easily get nice & u...

Message posted on : 2009-12-17 - 05:21:39

In this era of web 2.0, we easily get nice & updated information for research purposes... I'd definitely appreciate the work of the said blog owner... Thanks!
................................

good term paper-Term Paper Samples
Posted By : Buy Term Papers

Nice blog : )

Message posted on : 2009-12-17 - 09:50:59

Nice blog : )
Posted By : stephen

As I read the update and the comments, I headed of...

Message posted on : 2009-12-17 - 10:17:22

As I read the update and the comments, I headed off in a number of directions this morning. It is easier during exam time to devote time to diversions. I first thought of the Sports Agent Responsibility and Trust Act (SPARTA - federal) and the Uniform Athlete Agent Act (adopted in close to 40 states). Both statutes are not involved here because an 'athlete agent' is defined as one who solicits or represents student athletes. Massachusetts has not adopted the act, but Florida has adopted it.

Also, in 2007, Gus Dominguez was convicted in federal court in Florida on smuggling charges related to Cuban baseball players. Michael Lewis wrote an in depth article about Dominguez for the July 2008 issue of Vanity Fair.

As to Michael's question about the legal significance of the investment of money and effort in getting Chapman to the United States, I think if this proceeded to a jury trial it could be a strategic factor in favor of the plaintiff.
Posted By : Ed Edmonds

I believe the MLBPA has exclusive jurisdiction in ...

Message posted on : 2009-12-17 - 10:47:45

I believe the MLBPA has exclusive jurisdiction in these client tampering cases. At the very least, the MLBPA will pressure plaintiffs to drop the suit, or punish them for going outside union channels.
Posted By : Anonymous

Thanks for the update on this. Should be interesti...

Message posted on : 2009-12-17 - 12:51:12

Thanks for the update on this. Should be interesting as the stakes continue to get higher...
Posted By : Anonymous

Ed, The MLBPA likely will claim jurisdiction and/...

Message posted on : 2009-12-17 - 16:59:16

Sports should be governed by extremely fair laws. ...

An interesting postscript to the Evander Holyfield...

Sandeep naik is Navi Mumbaikars sprint for a ca...

I read an article that suggests fewer players are ...

I think that trend might ebb and flow. It depends ...

If anabolic steroids can increase the individual's...

I don't know what "steroids" are in this context.<...

I've been unable to find whether there is a fee an...

No fee, nor registration

Ed, I was trying to find out exactly what ...

I think I read somewhere that the New York Yankees...

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

Here is a link to my Youtube channel which raises ...

At the same time that, as you suggest, an individu...

What the salary cap does is ensures that football ...

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

Katie Amonte Hiller, Northwestern Women's Lacrosse...

The University of Illinois has several endowed coa...

I recently came accross your blog and have been re...

I think this is a great idea. However, on ...

Marc: Interesting thought. But I am not sure I agr...

Howard - this is the case at a number of schools, ...

Rick ... is there an active online source for me t...

a "Blawg" written on grapp's dad's birthday! 62! c...

It is obvious that every Charity does take a fairl...

Many of the Ivy's coaching positions are endowed.

Hi folks, i've been reading this thread with inter...

Hello everyone!Here you receive the useful, au...

I saw a recent stat indicating only a small number...

FSC is the one channel I miss from that network; a...

Here are the figures for all of the players in arb...

Pbenn001 - Thanks for posting a list of players wh...

I apologize for leaving out two zeros in the diffe...

The arrogant Clemens is in the middle of a bunch o...

How many of us really think that university presid...

2 thoughts: 1) Why does the fact that the ...

Justice responds to Radomski's new book:ht...

Look at the case of Josh Paul, where his salary re...

Your suggestion that the sides should agree somewh...

This is an interesting topic that has been discuss...

Wesley,There are a number of propositions ...

The journalist should correctly identify the sourc...

The Tampa Tribune's Marc Topkin reports that the R...

hi,would it be possible for you to provide...

So what are the Yankees' damages for the comments ...

your little stats was interesting, but I hope your...

ivory tower:"moribund" is in the eye of th...

Hi John, thanks for the comment. I don't ...

Michael - I like many of your points but wonder wh...

Saying that drug addiction is not a disability is ...

If you read the first four paragraphs of the actua...

great news

I think that the fourth point raises an interestin...

As an expert on the dynamics involved, could you e...

Marc - great post on Above the Law. After my post...

Ed,Interesting point. Jim O'Brien "allege...

Tim, thanks for the kind words. I really enjoyed ...

Howard:Great post. I think where we diverg...

Actually, Anonymous, I *intentionally* left that c...

I'm with the one who wanted to add the last senten...

kurtlar

MacNamee clearly had access to Clemens' DNA in for...

Howard, I don't agree with your comment that the c...

Kristen, What are your thoughts on A-rod a...

Ed - these are first class reports/updates, keep u...

I follow the news daily to put together my charts....

Japan's culture is fairly intolerant of Marijuana ...

http://sports.espn.go.com/mlb/news/story?id=389684...

TUESDAY: ESPN reports that Navarro lost his case a...

According to Marc Topkin of the St. Petersburg Tim...

I have been following the same story line about a ...

5:44pm: The Tampa Tribune's Marc Lancaster confirm...

Michael, thanks for the link to AccessAthletes. I ...

As usual, the press has provided us with all of th...

Mike:I am going to echo -- and expand upon...

While this was a very on point and astute post, I ...

I am troubled by the release of the 103 other name...

The answer is absolutely, he violated the rules of...

to follow up on my orig anon post, i think a-rod w...

Anon,Grimsley is not a good comparison bec...

Ed,

I was trying to find out exactly what ...

I think this is a great idea.

However, on ...

Hello everyone!
Here you receive the useful, au...

2 thoughts:

1) Why does the fact that the ...

Justice responds to Radomski's new book:

ht...

Wesley,

There are a number of propositions ...

hi,
would it be possible for you to
provide...

ivory tower:

"moribund" is in the eye of th...

Hi John, thanks for the comment.

I don't ...

Ed,

Interesting point. Jim O'Brien "allege...

Howard:

Great post. I think where we diverg...

Actually, Anonymous, I intentionally left that c...

Kristen,

What are your thoughts on A-rod a...

Mike:

I am going to echo -- and expand upon...

Anon,

Grimsley is not a good comparison bec...

Anon,

Gibbons is not a good comparison bec...

SC sheriff will not charge Phelps:

http://w...

McLouth:

10:24am: Troy Renck of the Denver ...

To add to Mark's original post:

The Davis C...