Off for a week: I will be traveling for the next 9 days, and thus, will not be blogging. I am sure most people will be wrapped up in the World Series -- let's go Sox! Since I predicted Sox in 6 in the ALCS, I will predict that again. Sox wrap up the World Series, at home, next Saturday night. Will the Bambino be the...

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Leave Your Team Gear at Home: Interesting election note in Texas -- because of the stadium initiative on the ballot, voters will not be able to wear Dallas Cowboys merchandise at polling places. Voters will be asked to cover any logos on their clothing. The relevant Texas state law, Election Code sec. 60.010(a) states: Except as provided by Subsection (b), a person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election,...

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Hamm Keeps Gold Medal: Thank goodness. The Court of Arbitration of Sport properly ruled today that Olympic gold medalist Paul Hamm will keep his gold medal. I have not yet read the full opinion (which cannot be appealed), but this quote is a good one:"An error identified with the benefit of hindsight, whether admitted or not, cannot be a ground for reversing a result of a competition."Inde...

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Only the First Step: What an incredible ALCS. I am not a huge Boston fan, but living here, you cannot help but get sucked in. The entire city is crazy for the Red Sox. And when you combine that with an historic collapse by the hated Yankees, could you ask for anything better?Now, let's hope that the Red Sox do not take their eye off the real prize. Beating the Yankees is nice, but this has not "reversed the curse." Only a World Series title can completely erase the Bambino from Boston baseball lore. Last year, the Yankees survived an incredible...

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Terrific Speakers at Harvard University this week: Brian Burke, former President & General Manager of the Vancuver Canucks, will speak at Harvard Law School today as a guest of Professor Paul Weiler of Harvard Law School, Professor Stephen Greyser of Harvard Business School, and Michael Vathilakis of Osler, Hoskin & Harcourt. He will speak from 2:20 to 4:20 PM in room 104 of the law school's Hauser Building (see map of Harvard University). The discussion will center on the NHL's labor problems. Steve Belkin, owner of the Atlanta...

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Hockey's Biggest Problem: Opening night of the hockey season was supposed to be last night. Did you know that?The answer, most likely, is no. And the disturbing thing for the NHL is not that average fans did not realize the exact opening day of the season -- very few fans know the opening days of baseball, football or basketball each year. But the worse part is that there was almost no media coverage of the "non-opener." The hockey story of the day was the fine imposed on the Atlanta Thrashers owner for mentioning the possibility of using replacement...

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Harvard Business School to host Sports Career Panel Today:For those of you interested in pursuing a career in sports, the Sports Business Club of Harvard Business School is hosting a student career panel today (Thursday, October 14) from 5:00 to 6:30 P.M. in room 8 of the Aldrich Building (click here for directions to and an interactive map of Harvard Business School). All of the panelists have professional experiences in sports and are also MBA Candidates at Harvard Business School (with the exception of me, an attorney and LL.M. Candidate at...

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New Tax Bill Could Save Sports Owners Millions: Admittedly, I write very little about tax law, mostly because I don't understand it. Thankfully, Duff Wilson of the New York Times explains how one sentence in the new congressional tax bill could save the owners of professional sports teams millions of dollars:The measure allows owners to write off the full value of their franchises over 15 years; under current tax law, they can write off only the value of players' contracts over three to five years.The change might give a $2 billion windfall to...

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Congress Passes Steroid Control Act: The Senate unanimously passed The Anabolic Steroid Control Act of 2004 on Monday, passing it on to President Bush, who is expected to sign the bill into law. The proposed statute adds steroid precursors and substances such as androstenedione (andro), to the list of anabolic steroids that are classified as Schedule III controlled substances, which are banned from over-the-counter sales without a prescription.This follows on President Bush's State of the Union address, as well as a number of congressional hearings...

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Beckham's Ego Gets a Yellow: David Beckham knew he had broken his ribs in England's World Cup qualifying game against Wales. He had been injured in the same way before and knew how it felt. He also knew that he had a yellow card in a previous game. So, knowing he would miss the next game because of injury, he intentionally fouled a Wales player, picking up his second yellow, which by rule, would keep him from the next contest.It seems like a pretty clever play -- if you know you are going to miss the next game anyway, go ahead and get a second...

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This is not good news for hockey fans... Baseball union casts support to hockey breth...

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Speaker Alert for those living near Harvard University:Donald Fehr, Executive Director and General Counsel of the Major League Baseball Players' Association, and Rob Manfred, Executive Vice President of Labor Relations and Human Resources at Major League Baseball, will speak at Harvard Law School tomorrow (Tuedsay, October 12) as a guest of Professor Paul Weiler of Harvard Law School, Professor Stephen Greyser of Harvard Business School, and Michael Vathilakis of Osler, Hoskin & Harcourt. They will speak from 2:20 to 4:20 in room 104 of the...

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Lewis Pleads Guilty to Drug Charges; What Suspension is Appropriate? I normally stay away from criminal law news, as it is not really sports-specific. Just because a person who beats his wife or cheats on his taxes happens to be an athlete does not make it sports law news. But the case of Jamal Lewis raises an interesting question regarding leagues and the way in which they discipline their players.Earlier this week, Ravens running back Jamal Lewis pleaded guilty to using a cell phone to broker a cocaine deal and was sentenced to four months in...

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Will Ricky Be Back? Ricky Williams has asked the NFL for a ruling on his situation so that he can return to the NFL. He has volunteered that he would pay back the money he owes the Dolphins if he could be cleared to play. Questions about this abound. If he does come back, will be suspended for violating the substance abuse policy? The answer almost certainly is yes. One scenario has him missing the rest of this season and returning next year. If he does return, what team will he play for? It is becoming increasingly clear that the Dolphins may...

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This Week's Column: Not really sports law related, but still relevant this time of year.I would like to take a moment to thank my readers for their incredible response to last week's column. Reader Paul Boswell was so impressed he offered, "Top Drugs For You! Best Prices! No Perscription Required!" I was also invited to join in the "Law School Advisory Panel," which I can only assume is a great honor. But the most flattering response came from Ruth Maoela, who has trusted me, I suppose on the basis of my column, with transferring "US$15.0 M" from...

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Bryant's Accuser Must be Identified: The judge in the Kobe Bryant civil suit has ruled that his accuser must disclose her identity, because the woman's continued anonymity could be misconstrued as a prejudgement in her favor. "The parties appear as equals before the court and that fundamental principle must be protected throughout these proceedings," the judge said. "Public confidence in the results of court proceedings require that they be open to observation."I think the judge is absolutely correct in this case. You have an absolute right to...

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New Study on the Increasing Liabilty for Team DoctorsFascinating and thorough article today by Shelly Anderson of the Pittsburgh Post-Gazette on the increasing liability for team physicians, and how fewer physicians are choosing that area of practice as a result. According to Anderson, the rising cost of medical malpractice insurance and the related prospect of being sued by millionaire athletes are the most significant causes. The article also discusses how a lack of tort reform only exacerbates the probl...

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Red Sox Success and Crime: Correlation?Well, no, not really. But the Boston Police Department was ready for the series sweep by the Red Sox yesterday over the Anaheim Angles and how that sweep would affect behavior on the streets of Boston. According to Heather Allen of the Boston Globe, the city invested significant resources, such as remote cameras to monitor streets near Fenway Park, to prevent riots and other criminal activity. And by all accounts, the investment was worth it, as there were no major reports of riots/violence following the majestic,...

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Supreme Court Sports News: Today, the first Monday in October, marks the beginning of the Supreme Court's 2004 term. The court heard arguments in the federal sentencing guidelines case and denied cert in a number of other cases. One of these cases was Morris Communications v. PGA Tour. In that case, the 11th Circuit ruled that the PGA Tour can restrict the selling or posting of real-time scores from its events, unless the publisher purchases a license from the Tour. The Supreme Court's refusal to hear the case means that the circuit court's opinion...

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Quick Speaker Alert for those living in the Greater Boston Area:Jeff Jackson, a former NHL player and now a sports and entertainment attorney in Canada, will be speaking at Harvard Law School tomorrow (October 5) as a guest of Professor Paul Weiler of Harvard Law School, Professor Stephen Greyser of Harvard Business School, and Michael Vathilakis (LL.M., Harvard Law School, Class of 2004) of Osler, Hoskin & Harcourt. Jeff will speak from 2:20 to 4:20 in room 104 of the law school's Hauser Building (see map of Harvard University), and then there...

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Quick Hits: A few interesting links to get the week started.This page on CourtTV's website has all kinds of interesting documents related to the Barry Bonds home run ball case. There is another current dispute over Bonds's 700th homer run, but this case deals with HR 73 that Bonds hit in 2001. The site features the complaint, the verdict and a host of other documents relating to the case.A former boxer's lawsuit against Sylvester Stallone will go on. The man contends that his name was inappropriately used to promote the "Rocky" movies.Wepner, a...

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New California Law expands Gender Equity for Community SportsLast week, California Governor Arnold Schwarzenegger signed AB 2404, a law which seeks to ensure that Californian boys and girls play on even playing fields--and I mean that quite literally, as this law will demand that actual playing surfaces (e.g., baseball fields, hockey rinks, basketball courts) are of approximate quality for boys' and girls' teams. More generally, AB 2404 will effectively expand the requirements of Title IX--which is the primary means of preventing gender discrimination...

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Hockey Fought the Law... and the law won. Below is my column in this week's Harvard Law Record. It deals with the issue of criminal liability for on-field activities, a subject I have covered a great deal on this blog.There are certain rules of a civilized society to which everyone can agree. Rules such as "chew with your mouth closed" and "do not drop your library book in the toilet." Another rule known by most is "chairs are for sitting and not for throwing." But during a September 13th game between the Oakland A's and the Texas Rangers, Texas...

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Quick Hits: Two interesting articles in this morning's Wall Street Journal. Geoffrey Norman recounts the history and unique niche of Sports Illustrated, which has been celebrating its fiftieth anniversary this year. And Matthew Kaminski talks about how the return of baseball to the nation's capital is part of an overall revitalization of the Distri...

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