Re-examining the Place of Race in Sports

The West Virginia University College of Law Sports and Entertainment Law Society is proud to present its Fall 2008 Sports Law Forum, "Re-examining the Place of Race in Sports." This event will take place on September 11, 2008 in Morgantown, WV at the West Virginia University Law Center. The event is free and open to the public and will begin in the Marlyn Lugar Courtroom at 11:00 a.m.

The West Virginia University College of Law is proud to present Dr. John Carlos, Professor Timothy Davis and Professor andre douglas pond cummings who will contribute to the forum as guest speakers. This reexamination seeks to extend and continue the dialogue presented in WVU Law's October 2007 Symposium "Reversing Field: Examining Commercialization, Labor and Race in 21st Century Sports Law."

Panelists:

Dr. John Carlos won the bronze medal in the 200 meters at the 1968 Mexico City Summer Olympics. His “silent protest” on the medal stand with gold medalist Tommie Smith protesting against racism and economic discrimination suffered by African Americans in the United States and representing all oppressed peoples catapulted Dr. Carlos into a key role in the ongoing civil rights movement, a cause he has championed throughout his life. In 2003, Dr. Carlos was inducted into the USA Track and Field Hall of Fame. This year, Dr. Carlos will receive the 2008 Arthur Ashe award at the annual ESPY awards sponsored by ESPN.

Professor Timothy Davis is among the foremost experts on the intersection of race and the law. Co-author of Sports Law and Regulation: Cases, Materials, and Problems and The Business of Sports Agents, Professor Davis serves on the Review Board for the United States Anti-Doping Agency and is a member of the Board of Advisors for the National Sports Law Institute. Prior to teaching at Wake Forest University, Professor Davis taught for nine years at Southern Methodist University and practiced commercial litigation in Denver, Colorado.

Professor andre douglas pond cummings teaches Sports Law and Entertainment Law, among other subjects, at WVU Law. He has published numerous articles in connection with sports and equality including articles discussing the Rooney Rule in the National Football League and the inappropriate use of hostile American Indian mascots and imagery by professional and collegiate athletic teams. While practicing corporate law in Chicago, Illinois at Kirkland & Ellis, LLP, cummings also represented several athletes in the National Football League. Professor cummings was recently named the 2007-2008 “Professor of the Year” by the WVU College of Law Class of 2008.

For more information, please visit: http://www.law.wvu.edu/raceinsportsforum.

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KSRO Interview on Floyd Landis

Yesterday I was interviewed on KSRO News Talk (California) to discuss the Floyd Landis decision. The interview can be heard at this link. Hope you have a chance to listen.

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Medal Predictions

Today, the Wall Street Journal reported that a Colorado College economics professor has predicted that while the US will win the most medals overall (103) at this summer's Beijing Olympics, China will win the most gold medals (44). Dr. Dan Johnson, whose previous predictions have been amazingly accurate, uses only five data variables -- GDP, population, political structure, climate, and home-nation bias -- to arrive at his numbers. PricewaterhouseCoopers, on the other hand, last week predicted that China will will the most overall medals (88), followed by the US (87), and Russia (79). (PwC's report did not separate out medals by color.) You can vote for the country you think will win the most medals overall in the margin at left.

Articles-->
http://blogs.wsj.com/economics/2008/07/02/want-to-predict-olympic-champs-look-at-gdp/

http://online.wsj.com/article/SB121424967379097499.html

http://www.pwc.com/servlet/pwcPrintPreview?LNLoc=/extweb/ncpressrelease.nsf/docid/46A6BBB9F92BCBE5852574710001C528

http://www.pwc.com/extweb/ncpressrelease.nsf/42e3ba9660db98bc80257148004ee49a/46a6bbb9f92bcbe5852574710001c528/$FILE/Olympic%20modelling%20paper%20-%202008.pdf

http://www.iht.com/articles/2008/07/13/sports/OLY.php

http://faculty1.coloradocollege.edu/~djohnson/Olympics/Beijing2008predictions.pdf

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Olympic Sponsorship

Twelve global companies have ponied up a prince's ransom -- upwards of $80 million for 2005-08 -- to occupy the rarefied air that is The Olympic Program (TOP), and enjoy worldwide marketing rights relative to the Olympic rings, Olympic imagery, and the upcoming Olympic Games in Beijing. But while longtime sponsors Coca-Cola, Kodak, McDonald's, and Visa are virtually synonymous with the Olympics, and General Electric, Panasonic, Samsung, Omega, and Johnson & Johnson are well-known global brands, others -- such as Lenovo and Atos Origin -- are not so well known. (The 12th TOP partner is Manulife, which acquired John Hancock Insurance in 2004 and assumed its sponsorship category.) As you can read in the accompanying article, Lenovo is a Chinese company that bought IBM's PC business in 2005, and is fourth in market share behind H-P, Dell, and Acer. Interestingly, Lenovo did not renew its TOP sponsorship for 2009-2012, making its splash at the Beijing Olympic Games a one-time affair. This begs the question what return on investment companies like Lenovo are realizing on their top-line sponsorship of the Olympics.

Article--> http://www.nytimes.com/2008/06/20/business/media/20adco.html?_r=1&sq=lenovo&st=cse&oref=slogin&scp=1&pagewanted=print

http://www.forbes.com/video/?video=fvn/sportsmoney/mo_sm050808

http://www.forbes.com/video/?video=fvn/sportsmoney/mo_sm012408

http://www.businessweek.com/globalbiz/content/jul2008/gb20080731_125602.htm?chan=search

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CAS Disqualifies Landis and Strips Him of Tour De France Title

On June 30th, cyclist Floyd Landis lost his final climb -- an attempt to retake his Tour de France title. Not only was not he not exonerated, but the three member panel rendered a ruling that at times, bordered on the hostile. [The 58-page opinion is found here]

After winning the most famous of all cycling events in 2006, he tested positive for performance-enhancing substances. He sought arbitration, according to the rules of USADA and the panel upheld the first determination despite that conclusion that the initial screening test violated WADA rules. In a 2-1 ruling, the majority of the panel (composed from arbitration from the American Arbitration Association) concluded that although the initial test from the French drug testing lab was flawed, subsequent tests --known as carbon-isotope ration analysis (IRMS), performed after the initial test, were "accurate." One arbitrator dissented.

Landis made his feeling known in a very public way, lambasting the testing process. Given the CAS's conclusion, I think that his approach did not win him any friends among the drug testing community, not on the CAS panel. He wanted the CAS hearings public, publicized his plight on the Web, and spent a ton of money (reported to be about $4 million) on both the USADA and CAS arbitrations.

It apparently was for naught. I read through the ruling (I do not claim expertise on the pathology and testing issues), but a few things struck me. First, the standard of proof, known as "comfortable satisfaction," a term I am not familiar with, but is defined under Article 3.1 of the WADA code as "somewhere between a mere balance of probability and less than proof beyond a reasonable doubt." Is that preponderance of the evidence? Somewhat less or somewhat more? Mere rationality or middle-level scrutiny (on a more constitutional law vein)?

Figuring that it is some middle ground, then a second issue involves the admissibility of the "accurate" evidence. Many of remember the "fruit of the poisonous tree" doctrine in criminal procedure that precludes evidence that flows from the taint of the first. The panel did not have to address that question specifically, but it would be interesting if they did.

The last point is the nastiness of portions of the ruling. The arbitrators were clearly irritated by some of the contentions raised by Landis's attorney, notably claims of "bias/fraud, forgery and cover-up." Yes, there may have been shoddy lab work, the panel noted, but that did not reach to the level of fraud. Also, the panel accused Landis's representatives of making these claims when there was no evidence to back them up. Notably, the arbitrators rejected the argument that the evidence could have been tampered as "fanciful."

Possibly, they may have been angered by Landis's insistence on a public hearing not only to prove his innocence, but to shine a spotlight on USADA and the rules it enforces and also establish a pattern of incompetence at the French lab where his urine was tested. As a parting shot, they ordered him to pay $100,000 in legal fees to USADA, an amount that has no rhyme or reason, since USADA spent a great deal more than that. It seemed more as spanking a wayward child than anything else.

I am bothered by several aspects of all of this. First, WADA at the very least should standardize procedures at its labs to avoid issues of sloppiness. Second, the use of witnesses should be akin to a trial. One report noted that a witness for Landis, a lab employee, testified by phone with a child screaming in the background. Hardly a conducive atmosphere. On the other hand, Landis raised the decibels to make the case a crusade against the drug testing regimen. The fact is, this is what we have. It's hardly perfect, it should (and must) be improved, but we cannot throw it out right now. [For a good analysis, check out Bonnie Ford's piece in ESPN.com)

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Faculty Chaperone

Dr. Dan is a proud son of Maine, but currently lives in Concord, MA (well known for its role in the American Revolutionary War and immortalized in Emerson's "shot heard round the world"). He has traveled to the UK, Canada, Italy, Russia, France, and the Netherlands, and as an accomplished artist, his motto is "will paint for pizza." From a sociological point of view, Dr. Dan is quite curious to see whether these Olympics can serve to change China, and if so, to what extent.

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NZ wins One day series against England

Finally something to smile about.

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