Where's Tiger? Advertised Woods a No-Show at Buick Open

To the disappointment of many, last week's Buick Open--a PGA Tour golf tournament held annually at the Warwick Hills Golf and Country Club in Grand Blanc Michigan--struggled to draw fans and failed to generate much business for local companies. Sally York of Michigan Live writes, "Empty bleacher seats, lots of parking and flat sales at local businesses have people wondering why the turnout at this year's Buick Open was lower than usual, despite nearly perfect weather."

Some blame the sluggish local economy, others attribute the struggles to an unusually large number of people on vacation this year.

But there is another reason that may be more explanatory: neither Tiger Woods nor Vijay Singh, the world's first-rated and sixth-rated golfers, respectively, played. Woods's wife, Elin Nordegren, gave birth to their first child two weeks ago, while Singh's elbow is injured. So the big draws weren't there, and that seems like a very plausible reason for fewer folks showing up.

But say you bought a ticket to the Open (which are non-refundable and which range in price from $15 to $35 a day) because you wanted to see the world's greatest golfer play golf? After-all, you may have decided to buy the ticket after seeing one of the Open's ads--the one that prominently featured Tiger Woods. Over on CNBC's Sports Biz, Darren Rovell asks:

I wonder if anyone who bought tickets to the Buick Open this weekend could claim they bought it because of this ad from weeks ago and try to get their money back. It features Tiger Woods and Woods isn’t playing because of the birth of his daughter. It doesn’t promise that Tiger Woods will be there, but it also doesn’t say “Not guaranteed to appear” either. On an interesting note, the Los Angeles Galaxy have added David Beckham non-guarantees to its Ticketmaster site.

It's an interesting question, especially if people bought the tickets to see Tiger Woods and didn't care at all about the rest of the tournament. Considering that Woods is probably the greatest golfer of all-time, I am sure there are many people--and especially casual fans--who buy tickets to golf tournaments that feature Woods just to see him play.

For a number of reasons, however, I suspect that a court wouldn't be too receptive to compelling the Buick Open to refund those fans because Woods had to bail out. For one, many, if not most, fans were on notice that Woods was an expecting father. In fact, on May 21, he said that while he intended to play in the Open, the expected birth of his child was (obviously) his top priority, and that he would adjust his playing schedule to fit the needs of his family.

For another, those who bought tickets to the tournament, which featured over 100 golfers, bought tickets to the tournament; the tickets weren't to see Tiger Woods play golf, even if the tournament's organizers clearly knew, by virtue of their ad, that Woods was the tournament's most marketable player. As an analogy, one who buys a ticket to a Washington Wizards game to see Gilbert Arenas play cannot demand a refund if Arenas doesn't play in the game; the ticket was to the Wizards game.

Then again, say someone buys a ticket to see a popular band play, and its lead singer can't sing? Because the lead singer is essential to the event, often the concert is canceled and tickets are refunded, as opposed to proceeding with the concert and finding some other guy to sing the songs. But for a number of reasons, the concert example seems different than the tournament's best golfer not playing. What do you think?

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Where Does Wrestler Benoit's Doctor's Liability End?

It's been a bad couple of days for the medical profession. Turns out even doctors aren't immune to the terrorist bug. And the sad story of Chris Benoit, the steroid-pumping wrestler who murdered his wife and child before hanging himself on a weight machine, has now swept in Benoit's former physician, Dr. Phil Astin.

A few days back, feds raided Astin's office. Now, Astin has been indicted for drug distribution. Findlaw has a copy of the complaint, including seven counts of Controlled Substances Act violations, here.

Dr. Astin has had some trouble before, relating to loss of privileges, lying, and domestic violence. But the latest federal charges may have the most bite. As indicated in a DEA Agent's affidavit now available thanks to the Smoking Gun, Dr. Astin prescribed Benoit a 10-month supply of steroids every three weeks. Either Benoit was prone to lose his drugs, or he was taking slightly more than the appropriate dose. There are certainly medically appropriate uses for anabolic steroids, such as treating the "wasting" that sometimes results from cancer or AIDS. But it will be quite a surprise if it turns out that someone with Benoit's physique suffered from such a condition.

Legally, Dr. Astin's criminal troubles may pale in comparison to his potential civil liability. The question is whether Dr. Astin may be on the hook for the death of Benoit's family or Benoit himself. By violating criminal statutes for drug distribution, Dr. Astin may have been negligent-per-se, or at least committed an unreasonable act which represented a depature from the standard of care. The hard part in a civil case would be demonstrating proximate cause. That is to say, would Benoit's intervening criminal actions (murder and suicide) supersede Astin's unreasonable and illegal distribution of steroirds? Are violent reactions from over-presecription sufficiently foreseeable to allow recovery from a doctor? Are the links between steroids and so-called "roid rage" sufficiently proven?

You can read some comments by supposed friends and patients of Dr. Astin here.

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Is ESPN Killing the NHL?

Jason Chung has an excellent piece over on The Situationist that examines to what extent ESPN has harmed the NHL by either ignoring it or belittling it. Jason studies how fans' attitudes can be shaped by broadcasting choices, particularly at dramatic junctures, such as in the aftermath of the 2004-05 NHL lockout. Here is an excerpt from Jason's piece:

Since the NHL made the questionable decision to abandon the cable network as its broadcast partner in favor of the fledgling Versus network, many have argued that NHL coverage on the Worldwide Leader in Sports has ranged from underwhelming to disrespectful. Even ESPN’s ombudsman, Le Anne Schreiber, felt compelled to examine hockey coverage on the network. In an article last month, she confirmed that hockey coverage has indeed diminished 28% on Sportscenter over the last three years and that hockey-oriented shows such as NHL 2Night were cut altogether since ESPN’s loss of NHL rights.

The reduced exposure on ESPN can only be harmful to the NHL. By minimizing coverage and highlights, the network is effectively reducing the imprint of the game on Americans’ collective sports consciousness. Worse still, several ESPN writers and commentators have gone out of their way to emphasize the demise of hockey. Le Ann Schreiber recently noted that during the NHL’s regular season, hockey was only mentioned on-air if there happened to be “some egregious brawl” or if it was being “dissed” for its invisibility and irrelevance. . . .

Surely, ESPN’s attitude towards hockey influences its audience. Herbert C. Kelman of Harvard University notes that there are three source characteristics necessary to persuade others and change their attitudes: the source’s (1) expertise, (2) trustworthiness, and (3) power. Of course, ESPN scores a hat trick by (1) regularly hosting a series of experts on various sporting subjects, (2) hosting several hard-news sports programs, and (3) attracting sports’ heavy hitters to its airwaves. Thus, ESPN can exert informational and normative social influence on sports fans who, like the rest of us, seek consensus and conformity far more than we realize. As Situationist contributor Sung Hui Kim notes, this motive for conformity exists among peers and groups of many types, including otherwise adversarial lawyers.

For the rest of the piece, click here.

Update: Eric McErlain over on Off Wing Opinion--the leading blog on hockey--has a terrific analysis of Jason's post.

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New Sports Law Scholarship

Recently published scholarship includes:

Brian W. Collins, Note, Tackling unconscious bias in hiring practices: the plight of the Rooney Rule, 82 NEW YORK UNIVERSITY LAW REVIEW 870 (2007)

Mike Rogers and Rory Ryan, Navigating the bylaw maze in NCAA major-infractions cases, 37 SETON HALL LAW REVIEW 749 (2007)

Eric Thieme, Note, You can’t win ‘em all: how the NCAA’s dominance of the college basketball postseason reveals there will never be an NCAA football playoff, 40 INDIANA LAW REVIEW 453 (2007)

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Pissed Again

I am pissed off again at the bitch that dumped me. I do alright for awhile and then it builds up again. Then, I vent and feel better.

I hate her. I hate her because she dumped me like a piece of garbage. I hate her because she couldn't dump me to my face. I hate for telling me she would never hurt me. That is particularly nauseating. I hate her for saying that she loved me when it was obviously a lie. I hate her for not even giving me a reason when I asked her. All I got was that Lifetime Channel feminine psychobabble.

She knows she is a worthless bitch. She chided me for being so jaded on this shit. Then, she justified every reason I have for hating women. And to add insult to injury, I am being "selfish" because I'm only thinking about my feelings on this shit instead of the fact that she is hurting, too. I didn't dump her. She dumped me. I'm supposed to feel sorry for her? Christ, I can't believe that shit.

I will be damned if I'm going to ever suffer in silence on this shit again. I will show my ass every time from now on. I felt guilty because I thought I was being unfair to her and making her pay for the sins of others. But in no way has she been different from any other woman.

I didn't do anything wrong here. She did. Yeah, she did some nice things for me, but that was about the only way she could ever get in to hurt me. She was the Trojan Horse of Bitches. Now, I know even the nice ones aren't nice at all.

I have no sympathy for her. She clearly had no sympathy for me. She didn't apologize or anything. She never explained herself or even tried to work things out. Like a foolish high schooler, she woke up one day and didn't "feel the love." So, she bailed like the cowardly bitch she is. Remember, this is the woman who reamed my ass for not wanting to ever marry as "playing house" as if I was the immature person. The fact is that I know how people are hurt in those situations. When you're married, you'll have to endure that breakup for a year or more.

She was the immature person. She's just a child. She doesn't know shit about anything. And I don't know shit about anything to be stupid enough to get involved with her.

This is my last post on this shit. It is done. I just have to eat shit for a couple of more days as I process her out of my system. I just want to stop hurting and forget her. I'll probably find relief in the arms of another woman.

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Is Boras Getting Too Big for His....Wallet?

Scott Boras wants to make the World Series a best-of-nine series and open with two games at a neutral site, arguing that the shift would create a marketing bonanza that would rival the Super Bowl (USA Today, Back to a best-of-nine World Series?). Boras sent a two-page letter to Bud Selig outlining his grandiose ideas on April 15 -- ironically, the day that Boras came to the realization just how much income tax he owes on commissions earned for the year.

Here is an excerpt from the AP report:

He would open the weekend on a Friday night with a televised gala announcing the MVP, Cy Young, Rookie of the Year and Manager of the Year awards, and have the five top candidates for each in attendance. Hall of Fame voting would be announced Saturday, with the opener that night and Game 2 on Sunday night.... Cities would bid far in advance for the right to host the first two games, and baseball would solicit corporate money, trying to create an event similar to the Super Bowl, Final Four and BCS Championship. Figure on hotels with flowing hospitality suites, ballparks surrounded by champagne-and-caviar-filled tents and tarmacs cluttered with private jets.

I have always been a strong advocate on behalf of the players and have been outspoken about issues that I believe are contrary to the best interests of the players. I respect Boras for what he has been able to accomplish as an agent working on behalf of his player-clients in individual contract negotiations. However, by sending this letter to Selig and, more specifically, requesting to meet with Selig to discuss his proposal, Boras has crossed the line and is going way beyond the authority delegated to him by the union -- which is limited to representing players in player contract negotiations. He's even using the term "we" when discussing this issue, as if to suggest that he speaks on behalf of all of the players collectively:

The World Series is something that rarely gets to a number of venues in professional baseball. And that's one problem because we want the fan base of particular cities to participate in the World Series even though there may be a lull in the particular performance of the regional team.

However, some players are not high on his proposal. For example, Yankees captain Derek Jeter says, "Nine games? It's too long." According to Giants player representative, Randy Winn: "I could see how that would possibly be a big draw, a big money maker, something cool and new. But I think a seven-game Series is more than enough to decide who the world champion is." And while Boras says "from an owner's perspective, this is a gold mine," one highly respected and experienced owner, Washington Nationals president Stan Kasten, refutes that:

I'm not a guy that would just want to hold onto the past for the sake of combating change. But in this case, I think we have such brand equity in the marketplace established with a seven-game Fall Classic, played in the two home cities. I really like that. For a lot of reasons, I think that neutral sites wouldn't work the way they do in other sports.

The purpose of this post is not to question and debate whether a nine game series is better than a seven game series. There are so many issues raised by this proposal that need to be addressed and analyzed from a variety of perspectives, i.e. the league, the individual teams, the players, the collective bargaining agreement, the broadcasters (and the contracts with broadcasters), the corporate sponsors (and the contracts with them), etc. Boras says that he will be meeting with the commissioner after the All-Star break to discuss his proposal. However, Selig (to my knowledge) has not publicly confirmed that he will be meeting with Boras, which, to me, will be the defining moment. If he does, it would demonstrate a monumental leap in Boras' power and authority to now actually discuss with the league commissioner issues that affect the players collectively and make proposals for change, which is and always has been the union's domain. It would also open the door and set a precedent for Boras to discuss other union issues with Selig.

Don't do it Mr. Commissioner!....

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Hangover

I have a headache and feel like shit right now. I'm never drinking again.

I was on a drunken rant last night. I still hurt inside. There must be something seriously wrong with me to flip out like this.

I just want to stop feeling like this. There should be a drug that will help you get over a failed relationship or a divorce. I remember watching my uncle go through this with his divorce. You feel sick to your stomach. You feel a chronic pain in your chest. It's like coming out of a trauma.

I have always done the dumping, so it doesn't feel bad when you are on the giving end. I've ended relationships, but I had defined reasons for ending those relationships. They were solid reasons. If a person does not make you better but makes you worse, you have to get out of that relationship.

I would feel better if I could point to some flaw in myself that made me worthy of being dumped. If I were a woman beater or a drunk or a philanderer, I could blame myself and swear to work on those things. But I'm not any of those things.

I admit a certain amount of negativity. I am negative on marriage, love, and relationships. But I was softening on all of these things. This is what happens when you are in a loving relationship. That all changed last week.

I find that the best thing to do on all of this is to take the scientific worldview. People fall in love because they evolved to be this way. Love is a powerful bond to someone that extends beyond mere sexual lust to an overbiding care and concern for their wellbeing. It doesn't take a Ph.D. to see how this would be advantageous to the species for survival. Much of this phenomena is chemical in origin.

This drive is primitive. You can watch nature documentaries on Discovery Channel or National Geographic and see the same patterns of behavior among animals. When you get involved with someone, you are playing with fire because forces beyond your control will make you fall in love, and you will reap the whirlwind.

The fairytale is that a man and a woman will meet, fall in love, get married, and stay together until death ends the relationship. This is rare indeed. Even long term relationships are marred by periods of betrayal and infidelity. Most marriages resemble Bill and Hillary Clinton as opposed to Ronald and Nancy Reagan.

Long marriages are not tesimonies to love but to a remarkable tolerance for bullshit. My parents are still married 36 years later, but they don't love each other. They put up with each other. They stay together out of habit. They are two of the most miserable people I know.

Love is not unlike being on an addictive drug. Right now, I am going through the withdrawal process. It may be undignified to plaster this shit on my blog, but I want it out there. I would hate to waste this experience without capturing it. I also find that the process of writing helps to get the emotions out. It's like drinking extra water to flush the toxins out of your system. Psychologists find that writing or drawing helps people to overcome emotionally troubling events like 9/11, the death of a loved one, etc. Plus, writing spares someone from having to listen to you whine incessantly about your bullshit.

The other thing about this experience is how you are unable to enjoy anything. I can't watch a movie or read a book without thinking about her in the back of my mind. Everything in my life is ruined because of her. If I could go back in time, I would never have gotten involved with her. I would have spared myself this horeshit. I can remember one night stands with a certain fondness, but I have no pleasant memories of past relationships. That is because they ended badly which tainted them in my mind forever. To this day, there are certain songs I can't enjoy because those were our songs.

I am just nauseated by the whole business of love. Objectively, I can say that I am better off and happier not being in a relationship. Sure, it feels good to be with someone. It also feels good to shoot heroin. But it doesn't mean that it is good for you.

I have to find a way to stay out of crap like this even if it means a life of monasticism and celibacy. I have spent the majority of my life as a loner. People decry this radical independence, but I have been very happy with it. I only feel lonely during or right after a relationship. It is nice to have someone in your corner watching your back, but the reality is that these are the people who betray you. My girlfriend stood by me when I didn't have a job. Then, as soon as I am employed again, she sticks it to me.

If I were to employ my covariance strategy to relationships, I would be involved in multiple relationships simultaneously like a lot of players I know. Sure, sometimes it blows up in their faces, but they are quick to rebound. They have options. It's not about being with someone or being alone for them. It is about who to be with on which night.

I find this shit to be morally repugnant. Of course, there was a time when I thought the same thing about atheism. But there are two truths that we cannot escape:

1. Love is bullshit.

2. You will always want love.

This is why infidelity is rampant. It is the winning strategy. Basically, the player has learned not to put all of his eggs in one basket. All the players I know have multiple jobs, projects, or what have you. They are hustlers, and they apply the science of hustling to women. They also seem very happy.

Anyway, I'm tapped out now on the angst, but I'm sure I'll be pissed again later.

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