Thursday, November 25, 2004

Sick of Your Family Yet? If you read Espn.com (who doesn't?), then take a minute and help out Kareem. He would love to hear your thoughts about ESPN Insider he...

Wednesday, November 24, 2004

Williams to Serve Suspension and Return to Dolphins: Reports out of Miami have Ricky Williams being moved from the retired list and sitting out the final four weeks of the season as a 4-game suspension. After serving this four-game suspension, Williams will be cleared to play in the NFL next season. He will remain part of the Dolphins, to whom he is still under contract. The question remains, though: will the Dolphins want him back after he abandoned the team this season?ESPN's John Clayton says that Williams's attorney did an amazing job in brokering...

Happy Thanksgiving: Posting will be light the next few days, due to the Thanksgiving holiday. Hope everyone enjoys a nice break, some turkey and some footba...

Seven Years Later, Simpson Has Not Paid: This is only tangentially related to sports, but it is an eye-opening story about how getting a judgment only begins the battle. Seven years after a jury found OJ Simpson civilly liable for the deaths of Ron Goldman and Nicole Brown Simpson, the LA Times reports that the families have collected only a tiny amount of the $35 million awarded. The exact amount the families have been paid was not stated, but it looks to be only $1-2 million.How is Simpson avoiding paying? Well, he is "searching for the real...

Tuesday, November 23, 2004

Frustrating: I just had a long post written about the new legal updates for the brawl, and blogger lost it. Very frustrating. Since I don't have time to re-write it, I am linking to the best articles from today and will hope to write more later.Very good update of the legal situation and the appealIs this bound to happen again?Violence is a part of the NBA's historySome local fans have already filed a laws...

Agassi Wins UK Tax Battle: From The Independe...

Contractual Implications of the Other Brawl: With all of the focus on the Pistons-Pacers melee over the weekend, few people are talking about another ugly sports fight, this once occurring on the field between the Clemson and South Carolina football teams. A player fight escalated into a ten-minute brawl, with police having to come onto the field to break it up.The teams have responded with a swift and definitive punishment: neither team will play in a bowl game. I think this is a great statement for the schools to make: if you embarrass the school,...

Monday, November 22, 2004

A Few Legal Ramifications of the Brawl: I have not heard any definite reports, but one rumor has the Pacers season-ticket holders filing a class action suit against the Detroit Pistons organization. I assume the theory is that the failure to control their fans led to the fight that led to the suspensions which have reduced the value of their season tickets. Good luck. You might want to add Ron Artest to your list of defendants.The second thing I have heard, and the one that seems more plausible, is that the NBA's actions could severely hurt the...

Is David Stern a Coward? A corollary of the argument that the fans are to blame is that David Stern was wrong in reprimanding the players and not the fans in his press conference on Sunday. I think this is misguided for a few reasons.One, as I said below, the players should shoulder the majority of the blame, and thus, they should have received the majority of the reprimand.Besides that, however, ultimately Stern is not responsible for the fans. He is responsible for the players and the teams, but it is the teams that must control their fans. You...

Are the Fans to Blame? Although many people (myself included) have come out blaming the players after the Pistons-Pacers brawl, there is a vocal group that wishes to place the blame squarely on the Detroit fans. Juan Non-Volokh links to the Miami Herald's Dan Le Batard: It was ugly and awful and historically staining, and now, it will get worse as the media machine cranks up, and the wailing begins about how our millionaire athletes are spoiled, entitled and out of control.But the fans are more to blame for the riot in Detroit than those players...

Appeals Court Preserves Two-in-Four Rule: In a decision issued last week, the Sixth Circuit Court of Appeals upheld the NCAA's "Two-in-Four rule", overturning a lower court decision that the rule violated antitrust laws.The rule limits NCAA basketball teams to playing in an "exempt" tournament only twice in a four-year period. An exempt tournament is one in which the three or four games only count as one for the purposes of the maximum 28-game regular season. The exempt rule was created to encourage participation in tournaments in hard-to-reach...

Father of Teen Football Player Sues League: The father of a teenage Florida football player that died during a game has sued the youth league, claiming that his son received no medical attention after collapsing on the field. The exact cause of death from the November 6th accident has not yet been determined, but officials suspect a neck injury. The suit claims that the South Florida Football League failed to have trained medical personnel or equipment available at the game.This is a tragic accident and one feels for the player's family. It could...

A Tale of Two Cities: As an update to my posts on the DC baseball stadium (here and here) and the comments debate, this article on TNR Online says that DC Mayor Anthony Williams has sold out his city in order to bring in professional sports. The article cites a number of studies that find that spending public money on professional sports decreases, rather than increases, overall public welfare.Hat Tip: My friend Josh, who would appreciate this carto...

When $252 Million Isn't Enough: Murray Chass has another great article over at the NY Times. In this piece, he comments on the absurd practice of giving bonuses to players making $20 million a year for accomplishments such as making an All-Star team or finishing in the top 10 in the MVP voting. Today general managers routinely include contract provisions for award bonuses - star packages, they're called - not as inducements but as a way of placating star players for whom their enormous salaries and signing bonuses aren't enough.Just last week,...

Sunday, November 21, 2004

The Verdict Is In... ...and the punishments are appropriately severe for the players involved in the Pacers-Pistons debacle this weekend. Fortunately, David Stern did not give out slap on the wrists, as I had feared, but suspended 9 players for 140+ games. The harshest penalty was assessed against Ron Artest, who was suspended for the remainder of the season (72 games). Teammates Stephen Jackson, who ran into the stands and punched several fans, and Jermaine O'Neal, who clocked another fan that had come down onto the court, were suspended for 30...

Saturday, November 20, 2004

Thoughts on the Pistons-Pacers Brawl: I plan to think about this more in the next few days, but I wanted to put in some initial thoughts on the despicable scene that happened last night at the end of the Pistons-Pacers game in Detroit. You can watch the video on ESPN Motion or one of the countless times it will be shown on TV today.To summarize, in the game's final minute and with Indiana holding a big lead, Ron Artest fouled Ben Wallace as he went in for a basket. The foul did not appear to be overly flagrant, but it was from behind and came with...

Tuesday, November 16, 2004

Maybe Murray Chass reads this blog... ...or maybe it's just that great minds think ali...

This is what Canadians do when there is no hockey: Distraught Saskatchewan Roughrider fans vandalized the house of the team's kicker after he missed an 18-yard field goal that would have won the game. Instead, his team lost the conference final and is done for the year.If hockey was going on, would anyone have even been watching this game?His excuse: the laces were ...

Baseball in DC: An Update: An arbitration panel has ruled against 14 former limited partners of the Expos baseball team, paving the way for the team to move to Washington, DC.But what about the stadium? The move is contingent upon the District approving a stadium financing plan by December 31. After initial good news, the DC Council has since balked at the rising cost estimates, and public opposition to public funding. The Council has also refused to endorse a private financing plan, because it would require the District to re-open negotiations...

Member of OU Spirit Group 'Attacked' by Husker Player: A member of the Ruf/Nek spirit group at Oklahoma claims that a Husker player charged him and hit him with his helmet before Saturday's game. His injuries were extensive, including losing teeth and requiring oral surgery, and so he has decided to press charges against the player.Nebraska coach Bill Callahan issued a statement apologizing for the incident, but wondering why the spirit group was so close to the players to begin with. Perhaps Callahan should worry more about his team's woeful play...

ABC Criticized over 'Desperate' Lead-In: The NFL issued a public criticism of ABC today for its lead-in to last night's Monday Night Football telecast. The intro featured a star of Desperate Housewives, the network's new prime-time soap opera. The woman, who was wearing only a towel, attempted to seduce Eagles' star Terrell Owens. When unsuccessful, she dropped the towel and T.O. agreed to stay put. Of course, nothing was shown but the implication was clear.To be honest, I don't know what the NFL was so concerned with. The lead-in took place at...

Monday, November 15, 2004

Two Doping Articles: One is funny and the other is not. From the Wall Street Journal (sorry, no link available, but it is from the November 11 paper): CHELTENHAM, England -- After rocking the worlds of cycling and track and field, the scourge of doping is ruffling feathers in another athletic endeavor: pigeon racing. Gifted with uncanny navigation skills, pigeons have been used to carry messages for centuries. In the early 1800s, people in northern France started racing them. Half a century later, pigeon contests took off in Britain and became...

On the NFL TV Deal: Last week the NFL announced that it had renewed its contracts with CBS and FOX for another six seasons, until 2011. This announcement came as a bit of a surprise, because there were no open negotiations and bidding wars that we have come to expect for television rights deals. Fox will keep the NFC and CBS will remain the network of the AFC, for a reported $8 billion.The big news coming out of this deal was the implementation of a flexible schedule for the final seven weeks of the season. This would allow the league to move key...

More on College Football: Not related to law, but does anyone else hope for a royal mess at the top of the BCS standings this year? It won't happen in all likelihood, though I would love to see USC, OU, Auburn and Utah all be undefeated at the end of the season. This would make the BCS look very bad because there would be no true champion.I remain convinced that a college football play-off is coming. Anything that moves us there quicker is a good thing in my bo...

Peterson and the Heisman: What will happen if Oklahoma star running back Adrian Peterson, who is a freshman, wins the Heisman trophy? Specifically, what happens to the NFL's attempts to keep college underclassmen from entering the professional draft? After his poor showing this weekend, this topic may be less relevant, but it could come up, even if not this season. In fact, Mike Williams came very close to winning the trophy last year.One of the NFL's key arguments is that the rule protects younger players, whose bodies are not as developed, from...

"Defecting Baseball Players Throw Sports Agent a Curve" This is the title of an article from law.com about defecting players and their agents: After Cuban baseball standouts Maels Rodriguez and Yobal Duenas defected to Mexico aboard a fishing boat, they allegedly staged a defection of another sort.According to a lawsuit filed in Miami, they abruptly switched agents, from MVP Sports Management to Jaime Torres Sports Management. Torres also represents their friend, Chicago White Sox pitcher Jose Contreras. Miami-based MVP claims that Torres and Contreras...

My apologies... for the break in posting. I was awash last week in a sea of ethics rules and taking the MPRE. But now there are many things to get ...

Tuesday, November 9, 2004

Supreme Court Denies Cert in Boxing Case: The nation's high court declined to review a case from the 3rd Circuit involving the conviction of the International Boxing Federation's chairman on charges of tax evasion, money laundering and racketeering. The issue before the Court would have been whether recording a suspect's conversation with a government informant without first seeking a warrant violates the 4th Amendment.The 3rd Circuit ruled it did not. The Court concluded that the Fourth Amendment does not protect and quoted the Supreme Court in...

Woods Sues Builder of Yacht: Tiger Woods is mighty protective of his name and likeness, as I suppose he should be. After all, he is paid tens of millions of dollars each year for appearing in a limited number of ad campaigns for a select clientele (i.e., American Express, Nike). A few years back, he sued an artist over including his likeness in a print called the "Masters of Augusta." In a 2-1 decision, the 6th Circuit affirmed the summary judgment against Woods, stating that the work's historical nature and transformative elements trumped Woods's...

More on Backman: You Can't Outrun Your Skeletons: As I thought more about the Wally Backman situation, it seems that there is an important lesson for everyone: in this digital age, your past will always catch up with you. Below is my column from this week's Harvard Law Record.Last Monday, the Arizona Diamondbacks baseball team announced they had hired Wally Backman to be their new manager. Backman, a former major league player, had enjoyed a very successful run as a minor league manager, winning over 400 games and twice being named the Minor League...

Kobe Links: For the Kobe-obsessed in the audience, some good links on the demise of his criminal trial and new developments in the civil trial.This past weekend, the LA Times featured a lengthy article on the progress of the trial.There have also been a number of articles on whether the accuser's goal all along was to get to the civil suit.Finally, a possibility that the accuser could file her suit in Orange County because the jurisdiction has fewer restrictions on damage awar...

Monday, November 8, 2004

Backman Fired by D-Backs: Wally Backman lasted only four days as the manager of the Diamondbacks and was fired on Friday for a number of legal indiscretions in his past. The team only became aware of Backman's legal troubles, which included a domestic disturbance charge, a DUI and numerous tax liens, after they were mentioned in the New York Times following the hiring.I am not sure what I think about this. The team has every right not to hire someone based on their legal past, but the way in which this took place has damaged Backman, perhaps irreparably....

Thursday, November 4, 2004

Carter Liable for Breach of Contract: NBA player Vince Carter was ordered by a federal jury to pay $4.7 million in lost commissions and damages to his former agent, who is currently imprisoned on money laundering and other charges. The agent originally sued Carter for $14 million, claiming Carter fired him without paying him a percentage of the endorsement deals he landed for the player.Carter had also countersued, demanding the agent repay him the nearly $19 million he lost in a failed shoe deal with Puma. The jury found that Black and his company...

More on Stadium Financing: After a heated debate yesterday, two D.C. Council committees narrowly approved legislation to build a baseball stadium for the soon-to-be-renamed Expos. The legislation now moves from committees to a vote by the full 13-member council next week.The details from the Washington Post: The legislation would finance construction of a stadium in Southeast Washington along the Anacostia River, at an estimated cost of $440 million to $530 million. The project would be funded through a combination of a gross-receipts tax on the...

Tennis Player Sues Vitamin Distributor: Graydon Oliver, a tennis player on the ATP tour has sued Barry's Vitamins and Herbs, claiming that a sleep aid he purchased and used in 2003 contained a diuretic that caused him to fail a tour drug test. The sleep medicine, Relax-Aid, contained hydrochlorothiazide, and was detected in a routine random drug test. Diuretics are prohibited because they can be used to disguise the use of other banned, performance-enhancing substances.The ATP found the failure to be inadvertent and thus handed down a more lenient...

More on Naming Rights Deals and Candlestick: Several readers have called me out on my harsh discounting of the importance of a stadium name. This reader said it best:Your comment: And is anyone really that attached to the name "Candlestick Park?" really hit me hard. As a native Bay Area guy who has now lived in NC and MO since 1991, I still will ONLY refer to Candlestick as Candlestick. Not 3Com, not Monster. Not anything else. Can you imagine naming Lambeau or Cameron or Fenway with a corporate moniker? The passion of local fans can be irrational...

Wednesday, November 3, 2004

Sports on the Ballot: Everyone knows that yesterday's election featured a bitter battle for the White House and the probably more important but less-discussed Senate races. But there were also a number of races which either featured sports figures or dealt with sports-related issues.A number of well-known sports figures were involved in elections on Tuesday. Incumbents Tom Osborne (R-Neb.) and Jim Bunning (R- Ken.) held onto their House and Senate seats, respectively. In Bunning's case, his victory comes despite a much-maligned campaign where he...

Monday, November 1, 2004

"I am shocked, shocked to learn that there is gambling going on at this establishment!" A group led by Congressman Tom Osbourne (you may remember that he coached Nebraska when it was a good team) and Dean Smith (you may remember that he coached North Carolina when it was a good team) have now joined forces to try and convince the NCAA to ban alcohol advertisements during collegiate sporting events. From a press release:New polling data released by CSPI today suggests an overwhelming majority of Americans think colleges are wrong to take advertising...

"And the peasants rejoice..." I am back from traveling and I am very disoriented. My body clock is about seven hours off, I am jet-lagged and I am just really confused. I got off the plane and someone said that the Red Sox had won the World Series. I must be more tired than I thought...Living in Boston right now is quite the site. I thought the town went nuts after the ALCS comeback, but everyone seems to be on a high after the World Series victory. What does this mean for the world? Is the Apocalypse upon us? How will Red Sox fans deal with the...

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