This will be my last post for a while, I'm too busy with work and other things.
I may post again in a few months or maybe not.
Seeya!
I may post again in a few months or maybe not.
Seeya!
Saturday, April 4, 2009
Yearning for a Lovely Bicycle
Before all of this began, I had not been on a bicycle since my teenage years in the 1990s. Back then, my trusty beat up bike felt simply like an extension of my body -- I rode it everywhere, wearing anything I wanted. Riding did not require any special preparations. The bike was easy to operate and it gave me a sense of independence.
[image: from an advert of Triumph Cycles, early 1900's]
Somehow in adulthood, things became different. It seemed impossible to simply buy an attractive, comfortable bicycle and ride it. There was a bike culture, where cycling was positioned as a formalised, athletic, and often political act. This culture has done a great deal to keep me away from bicycles.
My associations with bicycles from seeing them ridden in American cities included hunched-over postures, blotchy, sweat-stained faces communicating a curious combination of misery and self-righteousness, commitment to a wardrobe of lycra or t-shirts with anti-car slogans, and constant risk of collisions with motor vehicles... none of which appealed to me. Combined with the bicycles themselves - aggressive, awkward monstrosities that I wouldn't begin to know how to physically negotiate - bike culture was not something I found compatible with my ideas of dignity and aesthetics. If it were possible to ride a bicycle with grace and without the need to sacrifice my personal tastes - perhaps I might want one again. But what I had seen on the streets and in bike shops was not encouraging.
[image from http://sellwoodcycle.com]
Only on vintage posters and in old art films did I see the bicycle portrayed in a manner that made me long to cycle again. The relaxed style exuded by the fictional ladies of yore was alluring and enticing; it made cycling seem feasible. But did such bicycles still exist in today's world?
On a sunny Spring day in Somerville, Massachusetts, I found my answer. Chained casually to a parking meter, it was the first bicycle I had seen on the city streets that I would describe as lovely. It had a beautifully shaped ladies' frame and gracefully curved handlebars. It was fitted with all sorts of fascinating components including a chain cover and a basket rack. It was decorated with flowers.
I jotted down the name: Gazelle, and did some research. And suddenly, an entire new world had opened up: a world of relaxed-style urban bicycles that are very much in production today using the same traditional design elements that I so admired on the vintage posters. These bicycles were most definitely lovely, and I immediately began my search for one to call my own.
[image: from an advert of Triumph Cycles, early 1900's]My associations with bicycles from seeing them ridden in American cities included hunched-over postures, blotchy, sweat-stained faces communicating a curious combination of misery and self-righteousness, commitment to a wardrobe of lycra or t-shirts with anti-car slogans, and constant risk of collisions with motor vehicles... none of which appealed to me. Combined with the bicycles themselves - aggressive, awkward monstrosities that I wouldn't begin to know how to physically negotiate - bike culture was not something I found compatible with my ideas of dignity and aesthetics. If it were possible to ride a bicycle with grace and without the need to sacrifice my personal tastes - perhaps I might want one again. But what I had seen on the streets and in bike shops was not encouraging.
[image from http://sellwoodcycle.com]Only on vintage posters and in old art films did I see the bicycle portrayed in a manner that made me long to cycle again. The relaxed style exuded by the fictional ladies of yore was alluring and enticing; it made cycling seem feasible. But did such bicycles still exist in today's world?
On a sunny Spring day in Somerville, Massachusetts, I found my answer. Chained casually to a parking meter, it was the first bicycle I had seen on the city streets that I would describe as lovely. It had a beautifully shaped ladies' frame and gracefully curved handlebars. It was fitted with all sorts of fascinating components including a chain cover and a basket rack. It was decorated with flowers.
I jotted down the name: Gazelle, and did some research. And suddenly, an entire new world had opened up: a world of relaxed-style urban bicycles that are very much in production today using the same traditional design elements that I so admired on the vintage posters. These bicycles were most definitely lovely, and I immediately began my search for one to call my own.
Friday, April 3, 2009
Examining Josh Nochimson's Role in Alleged UConn Scandal
I wrote about the alleged UConn scandal involving Nate Miles last week, a scandal that has raised serious questions about UConn men's basketball coach Jim Calhoun's possible knowledge and involvement in recruiting violations.Today, Michael Rosenberg of the Free Press writes a provocative column and interviews Alan Milstein, who, in addition to writing excellent pieces for Sports Law Blog and speaking at great sports law panels, is representing Detroit Pistons star (and former UConn star) Rip Hamilton in his lawsuit against former UConn student manager-turned NBA agent Josh Nochimson. Here are some excerpts:
* **
[Calhoun] hasn't refuted any of the facts in Yahoo! Sports' investigative report. He hasn't denied that Josh Nochimson, a professional sports agent and former UConn student manager, provided all sorts of extra benefits to recruit Nate Miles of Toledo -- which constitute major NCAA violations.
He hasn't denied that he and his assistant coaches were in constant contact with Nochimson. And he can't deny that because Yahoo has a paper trail that includes 1,565 calls and text messages between UConn coaches and Nochimson.
Calhoun is mostly setting off smoke bombs and looking for a place to disappear. He says the NCAA rule book is "508 pages" and "someone could've made a mistake." But these are not obscure rules, and it is simply not credible to say it was one big unhappy accident.
Calhoun called the Yahoo! report "a blog story, I guess" -- an obvious attempt to make it seem like some know-nothing wrote the story in his basement. Calhoun neglected to mention that he knows the two Yahoo! journalists who wrote the story, Adrian Wojnarowski and Dan Wetzel, quite well, and has for more than 15 years.
Yahoo!, by all appearances, caught UConn cheating.
* * *
And that's not even the worst of it.
Nochimson, the agent/booster/illegal recruiter, has been accused of stealing more than $1 million from Pistons star Rip Hamilton, a former UConn star. Nochimson was Hamilton's business manager.
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.
"It certainly bothers Rip," Alan Milstein, Hamilton's attorney, told me. "I'll say that."
Calhoun says Nochimson is "a good kid, worked hard."
Why does he say this? Why is Jim Calhoun still sitting in a boat with a man who is accused of stealing a million bucks from one of Calhoun's favorite players?
Maybe it's because Calhoun knows if he has a falling-out with Nochimson, then Nochimson might flip on him and talk to the NCAA.
Maybe Josh Nochimson knows too much.
* * *
Thursday, April 2, 2009
Some of the Parts, But Not the Sum of the Parts
A Quick Look at the State of Boxing, Wrestling, and Martial Arts in New York State in the Absence of the Legalization of Mixed Martial Arts and Whether Mixed Martial Arts Fits in With These Disciplines Under Existing or Proposed Law
By Paul Stuart Haberman, Esq.
Boxing. Wrestling. Judo. Tae Kwon Do. Karate. Kenpo. The practitioners of the aforementioned disciplines are permitted to participate in matches or exhibitions in New York State under the guidance of either a licensed promoter or a specific organization. What these six disciplines also have in common are that each of them are among the core disciplines that make up the sport known as mixed martial arts (hereinafter “MMA”). MMA is also made up of such other disciplines as Sambo, Muay Thai, Shoot Fighting, and Brazilian Jiu-Jitsu, each of which are widely taught at gyms and martial arts academies throughout New York. Unlike its component parts, however, MMA is currently outlawed in New York. That is because, like an increasing minority of its brethren across the United States, the New York State Assembly continues to hold firm in its position that MMA is little more than “human cockfighting.” The question is whether, under the existing laws concerning the aforementioned disciplines in New York State or their proposed amendments, the “human cockfighting” claim is anything more than an outmoded misnomer for a largely reformed and increasingly popular sport.
MMA Under Existing New York Law
Pursuant to Section 8905-a of the Unconsolidated Laws of the State of New York (hereinafter “Section 8905-a”), MMA is currently regarded as a “combative sport.” A “combative sport” is defined as “any professional match or exhibition other than boxing, sparring, wrestling or martial arts wherein the contestants deliver, or are not forbidden by the applicable laws thereof from delivering kicks, punches or blows of any kind to the body of an opponent or opponents.” Despite the exception seemingly carved out for martial arts in the explicit text of the above provision, only specific organizations that promote judo, tae kwon do, karate, and kenpo are actually permitted to stage martial arts events in New York. The New York State Athletic Commission (hereinafter the “Commission”), however, “is authorized to promulgate regulations which would establish a process to allow for the inclusion or removal of martial arts organizations” from its list of approved martial arts organizations. When deciding whether or not to include or remove such an organization, the Commission is mandated to consider, among others, the following factors:
“(a) is the organization’s primary purpose to provide instruction in self defense techniques;
(b) does the organization require the use of hand feet and groin protection during any competition or bout; and
(c) does the organization have an established set of rules that require the immediate termination of any competition or bout when any participate has received severe punishment or is in danger of suffering serious physical injury.”
If a given discipline and its organization fail to satisfy the above factors and other criteria that may be utilized on a case-by-case analysis, it is deemed a “combative sport,” shall not “be conducted, held or given within the state of New York[,]” and may not “be approved by the commission for such matches or exhibitions.” Employing the above factors, an analysis of MMA, using the Ultimate Fighting Championship (hereinafter the “UFC”) as the sample organization, follows. It should be noted, however, as will be discussed more below, that MMA should not necessarily be subjected to the existing restrictions of Section 8905-a in the first instance...
See full article at: this link.
Paul Stuart Haberman, Esq. is an attorney at the New York law firm of Heidell, Pittoni, Murphy & Bach, LLP. He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. ©
By Paul Stuart Haberman, Esq.
Boxing. Wrestling. Judo. Tae Kwon Do. Karate. Kenpo. The practitioners of the aforementioned disciplines are permitted to participate in matches or exhibitions in New York State under the guidance of either a licensed promoter or a specific organization. What these six disciplines also have in common are that each of them are among the core disciplines that make up the sport known as mixed martial arts (hereinafter “MMA”). MMA is also made up of such other disciplines as Sambo, Muay Thai, Shoot Fighting, and Brazilian Jiu-Jitsu, each of which are widely taught at gyms and martial arts academies throughout New York. Unlike its component parts, however, MMA is currently outlawed in New York. That is because, like an increasing minority of its brethren across the United States, the New York State Assembly continues to hold firm in its position that MMA is little more than “human cockfighting.” The question is whether, under the existing laws concerning the aforementioned disciplines in New York State or their proposed amendments, the “human cockfighting” claim is anything more than an outmoded misnomer for a largely reformed and increasingly popular sport.
MMA Under Existing New York Law
Pursuant to Section 8905-a of the Unconsolidated Laws of the State of New York (hereinafter “Section 8905-a”), MMA is currently regarded as a “combative sport.” A “combative sport” is defined as “any professional match or exhibition other than boxing, sparring, wrestling or martial arts wherein the contestants deliver, or are not forbidden by the applicable laws thereof from delivering kicks, punches or blows of any kind to the body of an opponent or opponents.” Despite the exception seemingly carved out for martial arts in the explicit text of the above provision, only specific organizations that promote judo, tae kwon do, karate, and kenpo are actually permitted to stage martial arts events in New York. The New York State Athletic Commission (hereinafter the “Commission”), however, “is authorized to promulgate regulations which would establish a process to allow for the inclusion or removal of martial arts organizations” from its list of approved martial arts organizations. When deciding whether or not to include or remove such an organization, the Commission is mandated to consider, among others, the following factors:
“(a) is the organization’s primary purpose to provide instruction in self defense techniques;
(b) does the organization require the use of hand feet and groin protection during any competition or bout; and
(c) does the organization have an established set of rules that require the immediate termination of any competition or bout when any participate has received severe punishment or is in danger of suffering serious physical injury.”
If a given discipline and its organization fail to satisfy the above factors and other criteria that may be utilized on a case-by-case analysis, it is deemed a “combative sport,” shall not “be conducted, held or given within the state of New York[,]” and may not “be approved by the commission for such matches or exhibitions.” Employing the above factors, an analysis of MMA, using the Ultimate Fighting Championship (hereinafter the “UFC”) as the sample organization, follows. It should be noted, however, as will be discussed more below, that MMA should not necessarily be subjected to the existing restrictions of Section 8905-a in the first instance...
See full article at: this link.
Paul Stuart Haberman, Esq. is an attorney at the New York law firm of Heidell, Pittoni, Murphy & Bach, LLP. He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. ©
Michael Vick's Lawyer Tells Bankruptcy Court His Client Will Become a Construction Worker
News broke this afternoon that Michael Vick's attorney in bankruptcy proceedings explained to the court his client's plan to work as a $10/hour construction worker after his release from prison. Interestingly, just a few days ago, an attorney for a group of Vick's creditors, praising the jailed athlete's bankruptcy plan, stated:
“We think it’s a good plan... It comes down to this: Your options really are: keeping the debtor in Chapter 11, which will require him to contribute future income, or a liquidation, which is taking his stuff and selling it. Obviously, if he goes out and becomes a construction worker, we’re not going to get anything out of it."
Fordham Sports Law Symposium
On April 17th, Fordham Law School is hosting its "13th Annual Symposium on Current Legal Issues in Sports." There will be three panels: (1) Pharmaceutical Liability and Sports, (2) Sports Journalism Ethics, and (3) Gambling in Sports. CLE credit is available. For complete program agenda, speakers and registration information, click here.
Dallas Cowboys are America's Team for trademark purposes
Via, Colin Miller at EvidenceProf Blog, a federal district court in Texas has held that the Cowboys have trademark priority over the term "America's Team," as against a sports-apparel company called "America's Team Property."
