More on Legal Liability and On-Field Actions: A number of people have weighed in now on the issue of legal liability for actions that occur during a sports contest. Most of the arguments center on the fact that the actions are not part of a "civilized society" and would be prosecuted if they did not occur in a professional sports setting. But what is being missed is that these professional athletes assume much of the risk of their particular sports, often including violent acts that are outside the realm of normally-accepted behavior.The Uncivil...

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Tax Law and Sports: This is an area of the law I do not cover much, despite the fact I am currently learning a great deal on the subject. But a good friend sends this along from her tax textbook:Allocation issues have been particularly contentious when a professional sports franchise is purchased. For example, in Laird v. United States, 556 F.2d 1224 (5th Cir. 1977), cert. denied, 434 U.S. 1014 (1978), the Atlanta Falcons professional football team was acquired for about $7,750,000. The purchaser allocated $50,000 of the cost to the National...

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Big Verdict For Former High School Athlete: A jury awarded a former female high school basketball player $1.5 million in punitive damages, after finding that her former coach caused her to develop an eating disorder. The plaintiff claimed that the coach's verbal abuse and requests that she lose ten pounds caused her to contract the disorder, which she fights to this day. The school district, which is liable for the damages, has not decision whether to appe...

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More on Colorado Scandal: A new allegation of rape and a question: Did the first accuser have revenge on her mind? Should that even matt...

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Why Sports Matters in Law: ESPN reports that Kobe Bryant's accuser has asked the judge to set a trial date as quickly as possible if the state's case against the basketball star. Her mother, in a letter to the judge, describes the horror her daughter has gone through, receiving death threats, being hounded by the media and having to move to four different states.Obviously, all of this attention stems from Bryant's status as a basketball star and this provides a clear example of how sports can impact the law (and not vice versa). More Americans...

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New RSS Feed: I have added an RSS feed to go with the Atom Feed. The link is to the rig...

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More on NCAA Graduation Rates: The NCAA tournament always brings a discussion of "student"-athletes and academic performance. The New York Times ran an article outlining the graduation rates of the Sweet 16 schools (only 4 are above 50%) and Gregg Easterbrook wrote an essay voicing his disdain at the current state of affairs. (Hat tip: John Stoner)I agree that there is a problem, but I am even firmer in my belief that the individual schools should not shoulder the blame. Yes, ultimately the schools are responsible for educating their students...

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No Refunds, No Exchanges, No Fair: Filip Bondy of the New York Daily News has an entertaining piece on the accepted sports' practice of "no refunds, no exchanges." Especially this season, as the NHL's Rangers are woefully underperforming, why should fans have to stick by purchases made seven months ago when teams promised greatness?No refunds, no exchanges. The fine print on the stub is as culturally ingrained as the hot dogs in the stands. Caveat emptor. Let the buyer beware. Sports franchises, by tradition, are permitted to rip off consumers...

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Bryant's Accuser Testifies: The woman accusing Kobe Bryant of sexual assault testified in a closed hearing yesterday, responding to questions about her sexual practices before and after the alleged incident. The judge in the case will decide, based on yesterday's proceedings, whether the woman will have to face similar questions in front of a jury in the case. Colorado's rape shield laws protect victims from having to answer such questions, as the responses may unfairly prejudice a jury or discourage rape victims from bringing claims. However,...

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Baseball Union News: Good news and bad news from the Major League Baseball players union. The union has relented and stated that it may be open to more stringent drug testing requirements in the wake of Congressional hearings.In more typical union news, the Boston Globe has an article revealing that the players union continues to deny membership to the replacement players from the 1994-95 work stoppage, cutting them out of some licensing and other benefits. I think a quote player said it best: "It's just chicken [expletive...

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Price Sues Alabama President: With his lawsuit against Sports Illustrated in appeal, former Alabama football coach Mike Price has sued Alabama president Robert Witt, accusing him of fraud and misrepresentation in the events that led to his firing. Price is not suing Witt in his official capacity, as a similar suit was dismissed last year. Rather, he is going after Witt as an individual, claiming that he presented a slide show to the Board of Trustees that "created, assembled and presented to intentionally and maliciously place (Price) in a false...

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Cubs to Block One Rooftop View: The Chicago Cubs have begun making preparations to block the view from the one rooftop that has not agreed to share its profits with the team. The team is being mum about the exact plans, but has hired lighting and scenery experts from Broadway to block the view from the rogue rooftop without impeding the views of other fans or disrupting the scenery of Wrigley Field.As I discussed in January, the Cubs reached a settlement with 11 of 13 rooftop owners. The 12th followed suit this week, leaving only one owner in...

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NASCAR, SMI Near Settlement: The Dallas Morning News (log-in required) reports that NASCAR is close to reaching an out-of-court settlement with Speedway Motorsports, the parent company of the Texas Motor Speedway. Two of SMI's shareholders brought a breach of contract claim against NASCAR, claiming that the speedway was promised two events a year. The settlement could impact a number of other NASCAR tracks, including Rockingham and Darlington, as well as shaking up the NASCAR schedule for next seas...

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Time Delay on Sports Broadcasts: In the wake of the FCC increasing the fines for indecency on television to upwards of $3 million, a number of networks have discussed plans to implement delays of up to five minutes during the broadcast of live events, to ensure that all indecent content is deleted before it reaches users. Although CBS recently decided not to implement a ten-second delay during the NCAA Tournament, other sporting events in the future could be subject to such a delay, in order to prevent liability on the part of the network.Could...

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The Battle of Brooklyn: Espn.com has more on the struggle of Brooklyn residents who would lose their homes if Bruce Ratner's plan for a new arena comes to fruition. A number of residents have retained lawyers to fight the eminent domain claims (discussed in this earlier post). The main debate is over whether the land is being taken for public or private use. Opponents claim that building an arena and bringing in an NBA basketball team is clearly a private use. Supporters, however, point to the incredible economic growth and community development...

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NFL Seeks to Avoid Another Clarett Situation: The NFL and the NFL Players Association have begun working together to insert language in the current collective bargaining agreement that would require all draft-eligible players to be three years removed from their high school graduation. One source quoted on Espn.com said, "The league doesn't want this to ever happen again, and neither does the union. What Clarett and the other guys got was a one-time deal."This move is intended to prevent another legal challenge by a player in the wake of the...

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Can Baseball Change Its Drug Policy?: Rob Manfred, Major League Baseball's top labor lawyer, has hinted that Commissioner Bud Selig may not be able to strengthen the baseball drug policy until the current collective bargaining agreement expires. He acknowledged that the players' association has no obligation to bargain over drug testing until the agreement expires in December 2006. The player's association, of course, should do this anyway for the good of the game, but it remains to be seen what changes, if any, will take pla...

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Why Today Should Be a National Holiday: Today marks the beginning of the NCAA Tournament, and I for one think everyone should be granted a holiday from work to be able to watch the greatness of March Madness. Why should today be a holiday?- The first round proves that no matter how much of an underdog you are, you can still beat the toughest opponent.- Most of the players you will see are true student-athletes that will "be a professional in something other than sports." There is nothing more inspiring than seeing someone play because they love...

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Female Athletes Sue Baylor: Seven members of the women's crew team have filed suit against Baylor University, claiming a Title IX violation after the school failed to elevate the team to varsity status.The suit claims Baylor doesn't provide enough opportunity or appropriate funding for women's intercollegiate athletics. Specifically, the rowers contend the school has ignored their request for varsity intercollegiate status that would include athletic scholarships and also failed to provide sufficient coaching or equipment. Under Title IX, a university...

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Golf Course with Legal Name in Legal Battle: The Due Process Stable golf club (do a lot of lawyers tee off there?) is suing a former member for making use of the image depicted in the club's logo. The suit for trademark infringement claims that the Eagle Oaks, a club ten miles away, is trying to confuse the public into thinking the golf courses are one in the same.I have not been able to find a website or the logo for either course. If anyone can and is willing to send it to me, I would appreciate ...

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NCAA Tourney News: As March Madness begins today, some NCAA updates:The Sports Business News has a summary of a Wall Street Journal article on the importance of money in the NCAA Tournament.The NCAA has also indefinitely extended its ban against awarding championship sites to South Carolina because the state continues to fly the confederate flag.The Washington Post reports that the NCAA is considering regulations that would disqualify teams from the postseason due to poor academic performances. But would this encourage better academics or better...

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Baseball News: It has been a day since I posted, so a news update is needed:Major League Baseball has banned THG, the steroid that is the center of the BALCO controversy. The FDA classified THG as an illegal drug in the Fall. But the Washington Post thinks the ban may be ineffective because new drugs are right around the corner.Continuing on the drug front, Murray Chass writes of the obstacles Bud Selig is facing, most notably the players union, in trying to fight the drug problem in baseball. The Sports Business Daily (subscription required)...

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Is Your NCAA Tournament Pool Illegal?: Who do you have in the Elite Eight? Which #12 will upset a #5? Do you think Pitt can win it all? If it is March, it must be NCAA Tournament pool time. Along with flowers blooming and spring training, plucking down $5 and agonizing over the 7-10 matchups has become a rite of spring. Some experts predict that more than $1.5 billion in productivity will be lost over the next three weeks as workers schedule out-of-office "meetings" and cheer for the mighty Davids, so long as their alma mater is not the Goliath.But...

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Breaking News: From ESPN:A federal judge knocked down a lawsuit that sought pension and medical benefits for a group of former major league players who claimed they were shortchanged by the league because they are white. U.S. District Judge Manuel Real's decision Monday was a victory for the league, which argued that the former players were essentially looking for a handout they didn't deserve.The proposed class-action lawsuit -- filed last year against commissioner Bud Selig, the league and its 30 teams -- stemmed from baseball's decision in...

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Feds Going After On-line Gambling: The New York Times recently explored the attempts of the federal government to crack down on Internet gambling sites, many of which are hosted overseas and thus outside the jurisdiction of the American government. Federal prosecutors are avoiding this problem by threatening legal action not against the gambling sites, but rather against American companies that run advertisements for the sites. The threats are based on a controversial legal concept that holds that the American businesses, by providing advertising...

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Should Athletes Be Paid?: ESPN's Writer's Bloc revives the debate we seem to see during every March Madness: should college athletes be paid? There are no new arguments but the dialogue is an interesting one.As a normative issue, I have not decided where I stand on this issue. Legally, though, I believe that Title IX would prevent implementation of such a policy, as athletic budgets cannot stomach paying both male and female athletes. I explore this in my recently-published article, which I am still trying to get on the w...

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News Update: The thrill of victory, the agony of defeat, and crying in Philadelphia.Terrell Owens has won his grievance against the NFL, and will be traded to the Eagles, as demanded. More information will be added later, but it is good to see that a player can miss a deadline met by all others and then claim he is being treated unfairly. Congratulations, Eagles, you have the league's biggest headache on your team.But, wait, Philadelphia already knows about this because the 76ers have Allen Iverson. Apparently, refusing to do what you are paid...

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High Schoolers and the NBA: Michael McCann, a visiting scholar at Harvard, has recently published an outstanding article on the legal and economic implications of high schoolers skipping college and entering the NBA directly. The article, "Illegal Defense: The Irrational Economics of Banning High School Players from the NBA Draft," was published in this spring's Virginia Sports & Entertainment Law Journal.The article approaches the issue from two perspectives: economic and legal. On the one hand, it argues that there are substantial legal...

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Iverson Refuses to Play: Allen Iverson refused to play on Sunday for the 76ers, after he was informed that he would not start. Iverson, who changed back into street clothes after attending the team shoot-around, had his normal eloquent excuse for the incident:"I'm a starter. I've been a starter here for eight years. I'm not a sixth man," Iverson said after the game. "I'm a starter. I know in this league ... if someone comes back from an injury, if he's a starter he starts. What's the difference? If you're going to cut my time down, cut my time...

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Recruiting Scandal Costs to CU: The University of Colorado has reported that the legal cost of the sex recruiting scandals has reached over $400,000, with the university expecting to spend many hundreds of thousands more over the next mont...

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Hasek Agrees to Forego Salary: NHL goalie Dominik Hasek has proven that not all athletes are concerned about only money. The Red Wing player, who has been injured since January, has declined to accept any paychecks for the time he has been injured. Hasek, who is out for the rest of the season, will give up about $3 million.In the wake of the Alex Rodriguez negotiations with the Red Sox, I wonder if the Major League Baseball players' union would allow a player to make a similar arrangement. You would hope yes, but then again, MLBPA rarely seems...

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Real Networks Sues MLB: Real Networks has filed a lawsuit against Major League Baseball, claiming the league violated a contract requiring it to offer Real Networks' media streaming format alongside any other format that the sports organization chooses. The complaint (available here) stems from a contract extension signed in February of this year. The parties first entered into an agreement in 2001. The suit seeks a temporary restraining order to compel MLB's Advanced Media department to use Real Network forma...

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Bryant Accuser Ordered to Testify: In a one-sentence order, the Colorado Supreme Court refused to hear an appeal by prosecutors in the Kobe Bryant case, meaning that Bryant's attorneys will be allowed to question the woman in an upcoming closed hearing. Prosecutors had hoped the high court would view the order as violative of Colorado's rape shield law. As I opined in this earlier post, I believe this is the correct ruling in this ca...

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Funding of Recruiting Visits: Testifying before Congress today, S. David Berst, the chairman of an NCAA task force reviewing recruiting policies, spelled out numerous proposed changes to NCAA rules. The changes include reducing the allowed visitation time from 48 to 24 hours, prohibiting off-campus entertainment and limiting the amount that could be spent on plane tickets and hotels. Perhaps the most sweeping proposal is one that would eliminate funded recruiting trips. I see this as an exceedingly bad idea. Primarily, it will unfairly burden...

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In the News: A quick update of what's been happening in the world of sports and the law.The FDA has ordered drug companies to quit selling androstenedione unless they can prove it's not dangerous. The supplement, made famous by Mark McGwire's use during his record-setting homerun year, has affects often similar in nature to steroids.The arbitrator in the Vin Baker case has ruled that Baker can sign with another NBA team while his union grievance is being resolved. This could present quite a conflict, though, if Baker wins his union grievance,...

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More on Steroids: Senator John McCain has issued an ultimatum to Major League Baseball: devise a plan for steroid testing or Congress will pass legislation. This is the latest act in the government's increasing involvement in the steroid debate, which began with President Bush's State of the Union address. It is good to see a national call for action on this issue, but at least one writer wonders, where were the players during this hearing? Is this like holding an investigation into a crime without calling the eye-witness? A number of senators...

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Bertuzzi Suspended for Rest of Season, All of Playoffs: Todd Bertuzzi of the Vancouver Canucks was suspended today for the remainder of the regular season and all of the playoffs for his attack on Colorado's Steve Moore. Bertuzzi's eligibility for next season will be evaluated by NHL Commissioner Gary Bettman later this summer.Is this penalty sufficient for the act? Or should there also be legal liability, in tort or under the criminal system? Post your comments and weigh in on this deba...

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Should There be Criminal Liability for On-Field Actions?: At a game Monday between the Colorado Avalanche and the Vancouver Canucks, All-Star forward Todd Bertuzzi skated up from behind Avs player Steve Moore and delivered a violent sucker punch to the side of the head. The attack, in retribution for a hit Moore put on Canucks captain Markus Naslund, broke Moore's neck and gave him a concussion, one of the most serious injuries ever inflicted during a hockey fight.As expected, the incident has caused considerable uproar, with some commentators...

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Still More on Rushing the Court: In an update to this earlier essay and previous update, Dan Steinberg of the Washington Post writes on the dangers of rushing the court. He adds many more stories of injuries that have occurred, including members of the media being trampled, opposing players being punched and students attempting to get on the floor tripping and being crushed by the "human stampede."Schools have taken various measures to try and either prevent the practice, or if that is impossible, to make it safer. Some schools user barriers...

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Baseball Fans Not Staying Away: The New York Times Murray Chase has an article on how there has been a surge of ticket sales in major league baseball.What's wrong with these people who paid for tickets? Don't they know they should be boycotting baseball games? Baseball is full of cheaters, isn't it? Isn't that what the antisteroids squad would have you believe? But whatever the truth, fans all over the country, not just in Florida, are demonstrating that they don't care if some players have bulked up artificially.This is yet another example...

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News Update: Some quick hits on things you might have missed:The Vin Baker arbitration hearing was held on Monday and the decision is expected on Thursday.The NFL players union asked an arbitrator Tuesday to make Terrell Owens a free agent, claiming San Francisco didn't have the rights to trade the wide receiver to Baltimore. The arbitrator is Stephen Burbank of Penn Law School. You can read a previous rant here.The NBA players union is not happy about a drug test that Damon Stoudamire took in an effort to clear his name. Dan Wasserman, a union...

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Of Asterisks and Baseball Records: Allen Barra has a fascinating article today about the history of the asterisk on Roger Maris's single-season home run record. As it turns out, there was never an asterisk in the record book on Maris's record, mostly because there is no "official" baseball record book (only books published by independent sources, such as The Sporting News). Over time, though, the myth of the asterisk grew and as Bob Costas stated, "The asterisk was real because the majority of fans believed it was. When they stopped believing,...

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More on Rushing the Court: Thank you to all of the readers that have responded to yesterday's post -- Legal Implications of Rushing the Court. I have done some additional research on tort law in this area. It appears settled that spectators at sporting events assume the risk of injuries that are related to the sport (i.e., foul ball at a baseball game, stray golf ball or hockey puck). However, as at least one California court has held, the owner of a sports facility has a duty to use due care to remove risks that are not inherent in the sport....

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Editorial on Steroids in Sports: I have not yet contributed to the ongoing conversation about steroids and sports, especially baseball. For now, you can read fantastic writing at Only Baseball Matters and Baseball Musings. In addition, Joe Biden, who authored the 1990 law that made steroid trafficking illegal, writes in USA Today that the players' unions in the professional leagues must step up and take strong stances against drug u...

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Editorial on Steroids in Sports: I have not yet contributed to the ongoing conversation about steroids and sports, especially baseball. For now, you can read fantastic writing at Only Baseball Matters and Baseball Musings. In addition, Joe Biden, who authored the 1990 law that made steroid trafficking illegal, writes in USA Today that the players' unions in the professional leagues must step up and take strong stances against drug u...

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More on Oregon Arena Bankruptcy: In an update to this earlier post, the Oregonian has more on the Oregon Arena bankruptcy. The article states that the company was profitable up until last year, when earnings dropped by 16 perce...

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Union to Fight Owens Trade: In the continuing saga of the world's best-paid three year-old, the NFL Player's Association is seeking to rescind the trade of Terrell Owens to the Baltimore Ravens and have him declared a free agent. And why shouldn't the trade be rescinded? After all, Owens did not get exactly what he wants. And it is not his fault that he missed the deadline that every other player that wanted to be a free agent met. He is a big important person -- he cannot be expected to do what everyone else does and play for the team to...

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Orioles Increasing DC Presence: In an effort to increase their presence in the Washington, DC area, the Baltimore Orioles have hired a public relations firm and have plans to spend $1 million in a new ad campaign. By doing this, the Orioles hope to prevent Major League Baseball from moving a team into the DC area by proving that it would severely impact their fan base. Orioles owner Peter Angelos has been a vocal opponent of any such plans, saying it would have a severe impact on his te...

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Legal Implications of Rushing the Court: College basketball season always means great games, come-from-behind wins and upsets. Following those upsets and great games, intense student fans often try and become part of the moment and the team by leaving the stands and rushing onto the court. A number of prominent coaches, including Louisville's Rick Pitino, have complained about the practice, saying they often feel in danger of injury from the onslaught of fans. Despite this threat, however, few schools have taken measures to curtail the wave...

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High Schoolers Headed to NFL: Six high school athletes and one junior college player have declared for the NFL draft. Along with Maurice Clarett and Mike Williams, this makes only nine players that have declared for early entry in this year's NFL draft. For those who predicted doom for the NFL in the wake of the Clarett decision, this comes as good news. The success of the high schoolers in the draft will most likely have a great impact on the decisions of future high schoolers. None of the players is projected as one of the top-25 at their...

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Pittsburgh Man Sues NFL: In a similar suit to one filed last month in Cincinnati, a Pittsburgh lawyer is representing a class in a $200 million lawsuit against the NFL. The lawyer, who just finished representing four Steelers season ticket holders in a suit claiming the team tricked them into taking poorer seats, claims that NFL antitrust violations have enabled teams to extract huge subsidies from governments to build new stadiums. I have not read the complaint (if anyone can find a copy, I would love to see it), but I assume that most of the...

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Arena Bondholders Challenge Bankruptcy: Bondholders in the Oregon Arena are planning to challenge the company's bankruptcy declaration, claiming that the company has no plans to reorganize. Instead, the investors claim, the arena's owner, Paul Allen, wants to buy back the investments at a reduced rate. Allen owns the arena as part of his ownership of the Portland TrailBlazers.The next hearing in the case is set for March ...

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BALCO Lawyers Seek Probe of Media Leaks: From Find...

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Colorado Tightens Recruiting: In response to the allegations of sex parties and strip clubs that has plagued the University of Colorado football team, the university has formulated new stringent recruiting guidelines, including a bar on visiting bars or strip clubs [this was allowed before?], an earlier curfew and a limit of one night per visit, down from two.You can read a break-down of the guidelines he...

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Baker Case to Be Heard Monday: An arbitrator will hear the case of former Celtic Vin Baker on Monday, after both sides filed briefs in the case today. Baker is challenging the NBA's statement, released Monday, that prevents Baker from signing with any other team before the resolution of his grievance against the Celtics. The arbitrator could take up to several days to issue his ruling in the case.You can read more on the Baker case he...

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Bloom Signs Endorsement Deals: Olympic skier and Colorado football player Jeremy Bloom has signed two endorsement deals that will fund his skiing career until the Olympics in 2006. Bloom, as I discussed here and here, Bloom is openly challenging the NCAA's rules that prevent an athlete from receiving endorsements for a different sport and participating as an amateur as another. Bloom wants to play college football, a sport in which he has never been paid, but continue skiing, a sport in which athletes depend on endorsements to compete.The NCAA...

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Eisner Resigns as Chairman, Stays as CEO: Following a strong vote of no confidence, Michael Eisner has resigned as Chairman of the Board of Disney, though he will remain the company's Chief Executive. Though running unopposed for Chairman, 43% of shareholders withheld their votes, a stronger-than-expected opposition to the embattled executive. In addition, the naming of George Mitchell as the new Chairman has drawn criticism and claims that the Board is no more independent from Eisner that it was with him as its leader. Mitchell is a long-time...

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The Perfect League?: The Sports Economist posts his idea for an ideal professional league. The list is an intriguing one and makes a number of good points. I have a few responses and ideas of my own. Prof. Sauer writes:[1] The league must be organized such that any team could win a championship, not every year, but at some point over the long run. This perception must exist, and be well founded.[4] Sloth and indifference must be penalized.[5] Insuring that the first principle is met requires significant revenue sharing in a league with teams...

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Bryant Case and Rape Shield Law: The judge in the Kobe Bryant criminal case has ruled that Bryant's accuser must testify in a close hearing on March 24-25. In addition, the judge has ruled that the defense can question the woman about her relevant sex history, including the her sexual activity in the days surrounding the incident. The prosecution says the ruling goes against Colorado's rape shield law, which makes the sexual history of the victim irrelevant. The prosecution plans to appeal the ruling to the Colorado Supreme Court.Contrary to...

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Arbitration from a Player's Perspective: Pittsburgh Pirates shortstop Jack Wilson, in the first of his weekly columns, discusses the salary arbitration process and his reasons for going to a hearing with the team (which he won). For more on the arbitration process, read this earlier po...

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Looking for a Job in Sports Law?: From the Sports Business Daily:USOC Seeks Assistant General CounselThe United States Olympic Committee seeks an Assistant General Counsel to provide legal counsel with respect to the commercial activities of the USOC. Requires undergraduate and Juris Doctor degrees. Admitted to practice in Colorado or ability to obtain membership in reasonable time. Prior experience: corporate governance; negotiation and drafting contracts; licensing; trademark, copyright, trade secrets, or individual publicity rights; or litigation...

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Not Part of the Deal: Following the Yankees release of Aaron Boone, a number of writers have analyzed some of the common clauses in baseball contracts. Jon Fogg of the Washington Times lists a number of the prohibited activities, including croquet, lawn darts, bungee jumping and gardening as some of the off-limits activities. Also included in most contracts is a prohibition on basketball, which doomed Boone. He was injured in a pick-up basketball game last month, a game which violated his contract and allowed the team to release him, opening...

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BCS Announces Changes: The Bowl Championship Series has announced a few changes to be implemented over the next few seasons, including greater revenue sharing with schools from conferences other than the "Big Six" (ACC, Big East, Big 10, Big 12, Pac 10, SEC) and the addition of a fifth BCS game. The moves were made in an attempt to prevent litigation by non-Big Six schools over the distribution of money in college football.But, as Dennis Dodd writes, Does a 5th BCS Bowl Really Matter? And, as at least two ESPN football experts write, these changes...

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