"Discrimination Issues in Sports: Race, Gender & Sexual Orientation" at Loyola Marymount (L.A.)

For all those interested, Loyola Marymount's Law School is sponsoring a seminar on discrimination in sports. Below is the relevant information. Apologies if this has already been posted on.

Discrimination Issues in Sports: Race, Gender & Sexual Orientation
Friday, Jan. 18 from 8:30 am-3:45 pm

Presented by Loyola Law School's Sports Law Institute located in Robinson Courtroom on Loyola's downtown Los Angeles campus. Panelists include Dusty Baker as well as top female executives from the Dodgers (Kim Ng) and Diamondbacks (Nona Lee). Further information is available online. The registration fee will be waived for all students and members of the media.

MODERATOR Daniel E. Lazaroff, Professor of Law and Leonard CohenChair in Law and Economics; DirectorLoyola Sports Law Institute

SPEAKERS AND PANELS

8:30-10:15 A.M. RACE DISCRIMINATION

Dusty Baker, Manager Cincinnati Reds and Former Major League Player

William B. Gould, IV, Professor Emeritus Stanford Law School

Kenneth L. Shropshire, David W. Hauck Professor Wharton School, Univ. of Pennsylvania

10:30-12:15 P.M. GENDER DISCRIMINATION

Anita L. DeFrantz, Member International Olympic Committee; Chair, IOC Women & Sport Commission; President, LA 84 Foundation

Nona M. Lee, Vice President & General Counsel Arizona Diamondbacks

Jacqueline Michaels, Program Legal Group, Team Leader Office for Civil Rights, US Dept. of Education

Kim Ng, Vice President & Assistant General Manager Los Angeles Dodgers

2:00-3:45 P.M. SEXUAL ORIENTATION DISCRIMINATION

Jim Buzinski, Co-Founder Outsports.com

Karen Doering, Senior Counsel National Center for Lesbian Rights

Claire M. Williams, Graduate Teaching Assistant, Sports, Fitness & Health Program The Ohio State University

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Giants-Pats Simulcast Results in Bar's Lawsuit

It was reported that an Ohio sports bar filed suit against DirecTV for damages because it charged the facility for showing last week's Giants-Patriots game, despite the fact that it was simulcast on two terrestrial networks. That circumstance was discussed in a previous blog.

The lawsuit, by Cheers Sports Bar & Grill is against DirecTV, the satellite provider which carries the NFL Network. The bar pays a $151.99 monthly subscription fee to DirecTV for access to the NFL Network and for the right to show the games to patrons in the establishment. The suit claims that the simulcast cut into its profits because a far smaller number of people saw the game at the bar than if the match remained exclusively with the NFL Network.

Although other facilities may make the same claims, I'm not confident the plaintiff winning any substantial damages. Here's why:

1. One may argue that there was no breach of contract, but rather an issue of economic frustration. The game was still broadcast on NFL Network via DirecTV, so the defendant did not breach any duty. Also, the circumstances allowing the two networks to broadcast the event was unforseen and out of the control of DirecTV. Also, DirecTV offers other programming for the subscription, not just the NFL Network.

2. Even if a reliance claim can be shown (via promissory estoppel), the question of foreseeability would be hard to prove. Since the decision to simulcast the game was made only a few days before the event and it was unprecedented, how could DirecTV be aware of this possibility?

3. Finally, let's say that a reliance can be determined. What would be the damages? Consequential damages (i.e. lost business/lost profits) are traditionally hard to determine, since one cannot accurately predict how much "business" is generated by the DirecTV broadcasts. The best bet would be a refund of the monthly fee.

I glanced at DirecTV's web site and perused the standard limitation of liability clause in their Commercial Viewing Agreement. It notes that "changes of programming service" at any time. There also is a standard limitation of liability clause which focuses on service disruptions (not the issue here) and limitation of consequential damages. It also contains an arbitration clause "for any disputes arising out of this agreement.

I think that the Cheers Sports Bar and Grill will have to eat their losses.

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Defamation and Clearing Your Name

One constant question in the wake of the Mitchell Report has been whether named players could or would sue Mitchell, MLB, or one of the sources--Kirk Radomski or Brian McNamee--in an effort to "clear their names." Such a lawsuit is a risky proposition. First, even if a player could prove the accusations were false, he still might not win if he cannot establish the requisite state of mind. Second, any defamation lawsuit would inevitably turn into a formal judicial inquiry into whether this player did or did not use steroids, with the player bearing the burden of persuading the jury that he did not use performance-enhancing drugs. Both considerations, I have suggested, likely will deter most players from following that course. In fact, Roger Clemens, the only one thus far to make such noise, quickly backed off.

Absent such a lawsuit, the player's best weapon is public proclamations of innocence. The hope is to win a PR battle in the "court of public opinion," helped by the good-will built up with fans, over somewhat dicey characters such as Radomski or McNamee, without having to formally convince a judge or jury that he never used drugs. But that weapon might lead into the courtroom, as well. Clemens will appear on CBS' "60 Minutes" this Sunday, presumably to proclaim that he never used steroids--and thus that McNamee is a liar. McNamee now says he might sue Clemens for defamation if Clemens calls McNamee a liar in the interview. In suing, McNamee would have to prove the statement that Clemens's assertion that McNamee is a liar is false--because Clemens did use steroids.

The point being that a player only can "clear his name" if the issue is fully presented to a court for a finding of fact.

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Articles of Faith

As an atheist, I get slammed a bit for my lack of faith and get constant reminders that there are lots of things we take on faith. I will no longer take the existence of God as a matter of faith, but for practical reasons, there are some things I believe in that lack any sufficient proof. I believe in these things not because they are necessarily true but because they work for me. They are the things that get me out of bed each day and keep me persevering in the joke we call life.

1. There is a solution to every problem.

I know there are kids that die everyday of incurable diseases. There are quadriplegics who will never walk again. I have a father who has MS and will probably die from the disease. But I believe that there are cures for these things. They just haven't been found yet.

I believe that all problems can be solved. This may be a naive belief considering all the misery that exists in the world, but I look at the advances humanity has made. I don't think they will ever end. I think our species will outlive even a dying universe.

I believe this incredible article of faith because I choose to live. If you feel life is hopeless, I recommend you go eat a bullet and be done with it. We live in the hope that we can overcome all obstacles, so I choose to believe that no matter what problems may be in front of me, they can be solved.

2. Hard work matters.

The reality of life is that luck plays a large role in where you end up and what you achieve. I don't think Bill Gates works harder than any other person on the planet, but he does put in the hours. Billy Boy got lucky along the way, but the problem with luck is that it is out of your hands.

I don't know of any way to be lucky except to put in a lot of work. I believe in the work ethic because there really isn't any other honest strategy to live by. Hard work is the only way I know to move the odds into your favor. Granted, there are people who worked hard all their lives with nothing to show for it. But overall, I think success favors the industrious over the lazy. If you want to achieve more, you have to do more. It's really as simple as that.

3. The greatest risk is not taking one.

This is almost a corollary to number 2. Resting on your laurels or playing it safe is not safe at all. That is because you cannot escape risk. If shipwrecked on a desert island, I would spend my time building a boat or a raft to get off that sucker. I could wait for rescue, but it probably won't come. As such, I'd rather die taking a chance than die sitting in one place. I don't know if it will pay off for me, but I'm going to roll the dice anyway.

4. It is better to speak up than remain silent.

I don't know if this is necessarily true. Most people will counsel you to keep your head down and keep your mouth shut. There is a price to pay for candor, but I think it is less than the price of silence. The biggest reason I keep this blog is to use as my megaphone to the world. Most of the time, I am ignored. All I can say is that I can't recall ever paying for my candor as much as I have for keeping my mouth shut. My silence has cost me more than my outspokenness.

5. People can change.

I can't change people, and it isn't my job. But I know people can change. I don't think people are the same at 27 as they are at 37. I know I'm not. I'm a very different person today. I've seen alcoholics and addicts turn themselves around. I've also seen sane people lose their minds. But the reason I believe people can change is because it enables me to forgive.

I do not believe in the Holy Spirit. (This statement alone condemns me to eternal damnation.) But I do believe that many born again Christians have turned their lives around. I don't give credit to God because I don't believe in him, but I do give credit to those people. Look at somebody like Dog the Bounty Hunter or the many people in Alcoholics Anonymous, and you will see people who used to be one way and are now another. I know a guy who used to tip the scales at 300 and is now 135 as a consequence of distance running. Now, that is a change!

6. It is never too late.

I know I'm not going to live forever, but I believe the best is yet to come. Too often, people see aging as a death sentence. They look at 40 as already having one foot in the grave. But I am with Aristotle in that I believe that you can't judge a person's life until it has ended. The world is full of late bloomers, and people who do more at 75 than most people ever dreamed at 25. I refuse to act my age. As long as you are alive, you can still live. Or as people like to say, it is better to burn out than rust out.

I don't ever intend to retire. I am going to hang in there until the bitter end. You can keep your Geritol.

These are my articles of faith, and I might be a bit foolish to believe in them. But I believe in them in order to live. When my life is done, I will be able to say then if these articles of faith are indeed true or merely platitudinous horseshit.

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The 20 Strictly Running Commandments

My girlfriend belongs to a running club here in Columbia, and they are a swell bunch of people. The club has some "commandments" that my girlfriend shared with me yesterday, and I thought they were cool enough to publish here on my blog.

The 20 Strictly Running Commandments

1. Don't be a whiner. Nobody likes a whiner, not even other whiners.
2. Don't make running your life. Make it part of your life.
3. When doing group runs, start on time no matter who is missing.
4. Don't compare yourself to other runners.
5. When standing in starting lines, remind yourself how fortunate you are to be there.
6. The faster you are the less you should talk about your times.
7. Don't always run alone.
8. Don't always run with people.
9. The best runs sometimes come on the days you didn't feel like running.
10. Be modest after a race, especially if you have reason to brag.
11. All runners are equal; some are just faster than others.
12. There are no short cuts to run excellence.
13. There is nothing boring about running. There are, however, boring people who run.
14. Look at hills as opportunities to pass people.
15. Don't try to outrun dogs.
16. Without goals, training has no purpose.
17. Go for broke, but prepare to be broken.
18. Unless you make your living as a runner, don't take running too seriously.
19. Runners who never fail are runners who never tried anything great.
20. Running is simple. Don't make it complicated.

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A Resolution for the New Year

I hear people make resolutions each year, and we all know they won't be kept. So, this year I've decided to make a resolution I can keep.

In 2008, I have resolved to have more fun. That's it. It may seem like a strange resolution, so I'll try and explain it a bit.

Everyone has goals and plans. These are good things, but as they say, life is what happens while you are making other plans. The problem with all those goals and plans is that they exist in the future. I can tell you that the future doesn't exist. Living your life there is a waste of time.

I like living in the present. That is what fun is all about. Somewhere along the way, I forgot that. The present is all that really exists. This doesn't mean you shouldn't plan for the future or have some direction in your life. But the enjoyment of life comes not from the destination but from the journey.

I learned this back in college. When you start your higher education, you look at four years of work that you have to get done, and it is depressing. I know it depressed me. So, I said fuck it and just focused on going to class and learning shit. I had a blast. I was having so much fun I took summer courses. Then, one day, my advisor informed me that I had enough credits to graduate. Did I want to graduate this semester?

I was a bit stunned because I had forgotten about graduating. I had become so engrossed in learning that I had forgotten about the piece of paper that came attached to it. I turned in the paperwork, completed my last semester, and walked across the stage at the Carolina Coliseum. College was done.

I became a lifelong learner after that, and I have continued to learn and study until the present day. I learned from a professor that a college education is free. All you need is a library card. And he said this in the days before the internet where you can now read numerous sources or download entire college lectures for free.

It is one thing to be dedicated to goals and accomplishments and be "driven." But this sheer will is not enough to carry you. This is why resolutions fail. Willpower is weak. You only need enough of it to get started. Beyond that, fun is the only thing that will sustain you.

I witnessed this with my girlfriend trying to qualify for the Boston Marathon. As her qualifier neared, she was very miserable, and I thought she would blow a gasket when she failed to qualify. Instead, she seemed elated. She seemed very happy, and I took a picture of her that day. I have never seen such joy on her face before.

I know the reason she was happy. The taskmaster was gone. She was free to have fun again. But with a return to training and the same goal as before, I watched her enthusiasm wane again. I don't know how it will end for her.

I am a big believer in having a purpose in life. I believe everything we do has a purpose and an end culminating in the ultimate end which is happiness. Happiness is the byproduct of a life of rational activity. It comes as we pursue our goals. For most people, college is about getting a piece of paper. For me, it was about learning. The paper took care of itself. Similarly, training is about getting in shape and improving fitness. I think if my girlfriend focuses on that, the Boston Marathon will take care of itself.

All of this is simply a change of mind. It is not about changing your activities but changing your thinking about those activities. I would never counsel people to go rudderless through life. But I can tell you that I was disappointed the day I graduated from college because the ride was over. I had enjoyed every bit of my "accomplishment."

I can tell you these things about driven people. They get things done, and they are miserable. If that is all life is, it is rather pointless. You suffer for years for a little momentary thrill? Fuck that. Crack addiction would be better. The high lasts longer and is easier to get.

I think the better way is to set your compass and lose yourself in the activity of it all. Don't lose sight of the goal, but don't burn yourself out either. As they say, life is a series of problems to be solved. Take one day at a time and have fun solving those problems. The ultimate goal in life is to be happy. If you fail in that, you have failed in everything no matter what you end up achieving.

Here's to more fun in 2008! (The rest of you will simply call it work.)

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MacKenzie - 10 weeks

Growing like a weed and totally running her poor old mother ragged - Lovely wee girl! And Debi's freakin feet have been growing like the blazes - In fact everyone's feet have been growing like mad this season. We seem to spend most of our days catching ponies to trim feet - Deb's turn AGAIN (I am sure she was only done a month ago) tomorrow, sheesh!

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