Tuesday, May 31, 2005
Soccer Match-Fixing Scandal in Vietnam
I guess this is a good reminder to us that no matter how bad the officiating sometimes seems in the NFL/NBA/NHL/MLB, at least those referees/umpires aren't purposefully fixing games.
Monday, May 30, 2005
New Orleans Hornets Alleged to Have Violated Fair Labor Standards Act
As a matter of background, employees paid on an hourly basis are always protected by the overtime provisions of the Fair Labor Standards Act ("FLSA"), while salaried and contracted employees are often not. This distinction is based on the premise that while hourly employees are paid to work a specific number of hours, those on salaries and contracts are typically paid to complete a task or set of tasks, regardless of how long it takes. If you are interested in reading more on the FLSA, check out this useful reference guide published by the U.S. Department of Labor.
Friday, May 27, 2005
NBA Draft Age Limit (Floor): The Discussion Continues
Michael McCann, an incoming professor at Mississippi College School of Law and member of the legal team that helped former Ohio State football player Maurice Clarett challenge the NFL on a similar issue, said he expected a lawsuit directed at the NBA if it institutes an age limit.McCann said unlike Clarett, a player trying to jump to the NFL a year earlier than the league had ever allowed, the NBA has had experience with players fresh out of high school.
"[Clarett] had to argue a hypothetical," McCann said. "Here, you already have a nine-year track record. It's clear that the players know what they're doing. It's not like they're making terrible decisions."
But sentiment either way probably won't play much of a role, said Gary Roberts, former president of the Sports Lawyer Association.
If the league and the union agree to allow an age limit, Roberts said, higher courts will likely see it as a collective bargaining issue, not an antitrust issue, thus foiling any legal challenges.
However, he doesn't see the league backing down on luxury taxes for the sake of an age limit.
"There's a lot of saber-rattling, but there are greater issues," Roberts said. "Neither the league or the union will shut down the league over this."
Christian also interviewed NBPA Executive Director Billy Hunter:
"The reality is that the age limit is tied to economics," union executive Billy Hunter said. "It's not about [maturity of the players]."In addition, the age limit is just one of the issues to be worked out in negotiations on a new collective bargaining agreement this summer.
"I won't say it's a non-starter," Hunter said. "Everything has a price. I know that the owners would like to see an age limit. It depends on what else is on the table."
Fight Club Japan? Japanese Youths Arrested for Violating 1889 Anti-Dueling Law
Interestingly, one of the recently arrested children wonders what all the fuss is about: "What's wrong with hitting each other with consent?" His comment goes to our earlier discussion on 14-year old American boys boxing (with supervision) and engaging in ultimate fighting (with or without supervision), and also how some wonder whether external influences, such as video games and violent movies, might encourage children to partake in violent activity. Then again, perhaps it is more revealing that over 99 percent of children do not engage in violent activity, despite these so-called explanatory influences.
Thursday, May 26, 2005
Woman Sues Rockies over Loss of Leg
Wednesday, May 25, 2005
Earnhardt's Racing Team Sues To Collect Insurance
- More than four years after Dale Earnhardt's fatal crash on the last lap of the Daytona 500, his racing team is still trying to collect on a life insurance policy it applied for just weeks before his death. Richard Childress Racing says it took out the $3.7 million policy on Earnhardt's behalf. If collected, the money would go to the NASCAR legend's widow, Teresa.
Jockey and Horse Owners Sue over Newspaper Story
Attorneys in Sports: Paul Tellarico, Race Car Driver
Paul Tellarico's story goes to show that even after attending law school, and even after practicing law for several decades, one can still can pursue and obtain his or her sports dream.
Now, if I could just learn how to throw a knuckleball, I would be all set myself.
More on Native American Nicknames
From 1994-2004, the team was known as the Golden Eagles. In 2004, the school changed this to the Marquette Gold, but student and alumni reaction was so negative that the university made the decision to institute the voting process. The one nickname overwhelmingly supported: Warriors -- the school's nickname from 1954 to 1994. The problem with this name is that it references Native Americans, and a strong minority of advocates have made such nicknames all but off-limits. Even the NCAA has stepped in, beginning an investigation into all schools that have arguably Native American-based nicknames (Starkey, "Nicknames get crazy in college athletics," Pitt Trib-Review, 05/18/05).
Nevermind the fact that there have been "warriors" throughout history, and that the name does not have to represent Native Americans. Are Native American nicknames really a problem? As I noted last fall (9/28/04), 90 percent of Native Americans in this country do not find this practice offensive. Should a miniscule minority be able to dictate the policy of our country? It certainly we are moving in that direction.
Related Posts:
Group Sues Over Illinois Mascot (3/25)
Iowa's Ironic Policy (5/28/04)
Tuesday, May 24, 2005
Leaving School Early: John Mayer v. Luol Deng
The low graduation rate at the Berklee College of Music is not unusual. Most performing arts institutions likewise have difficulty retaining students, as the best students can often leave school early and earn a very good salary. Some even do better. Among former Berklee students who did not graduate are John Mayer, Melissa Etheridge, Gavin DeGraw, and Quincy Jones.
So I wonder: Why aren't the same people upset about young basketball players turning pro also upset about young musicians turning pro? Is there really a difference between John Mayer dropping out of Berklee at age 19 and Luol Deng dropping out of Duke at age 19? Actually, one might say that Luol Deng made the safer choice, since he was set to gain a certain, guaranteed million-dollar contract, while John Mayer's compensation was heavily leveraged on sales.
The reality is that John Mayer and Luol Deng were rational thinkers, who acted much like any of us would have. And similarly, the students who don't leave school early are also rational: they know they aren't good enough yet.
If anything, actually, feedback is much more predictive for the NBA Draft than for the music world. Just consider last year's draft: of the 9 high schoolers that were eligible, 8 were selected in the first round (and thus secured guaranteed, multi-million dollar contracts). Did they know something that Dick Vitale didn't know? Yeah, they had oral promises from NBA general managers that, if still on the board, they would be picked in the first round. And the guys without those promises went to college instead (e.g., LeMarcus Aldridge, after not getting an oral promise, opted out of the 2004 Draft and instead attended the University of Texas; in contrast, Kendrick Perkins only remained in the 2003 Draft after he received an oral promise from Celtics' general manager Danny Ainge).
In other words, contrary to what many think of young basketball players, they tend to make just as smart and rational decisions as we, and our music friends, would.
Texas Hold 'Em Poker Tournaments in Wyoming: Gambling or Just Good Times?
Professional gambling is illegal under Wyoming Law. The law defines it as "aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom." Both the restaurants and the tournaments' sponsor, Clear Channel, insist that they do not "intend" to profit from the tournaments, and they maintain that the $25 entry fees are used only to defray administrative costs, pay out prizes, and make a donation to St. Jude's Childrens Hospital. Attorney General Crank wonders, however, if the hosting establishments may earn indirect revenue via food and beverage sales.
One way of testing the Attorney General's concern might be to compare the establishments' revenue before and after the tournaments were hosted. Beyond food and beverage sales, one might also wonder about the market value of the free advertising and exposure the establishments receive by hosting the tournaments. This is particularly true since some of the tournaments are broadcast on local radio stations.
Moreover, the establishments and Clear Channel are run by sophisticated business actors who presumably seek maximum profit -- their very decision to host the tournaments may evince an "intent to derive profit." Along those lines, why would these tournaments be held if profit was not the underlying desire? Are they really held solely to raise money for charities (which they do), or is it a mixed motivation -- say, profit and charity -- and how does that motivation comport with "intent to derive profit"?
Friday, May 20, 2005
Boston Sportscaster Bob Lobel Sues Cartoonist Darby Conley for Libel
Having grown up in Massachusetts, I can safely say that Bob Lobel is my favorite local sportscaster. He's funny, irreverent, and willing to ask difficult questions. But the best thing about him is that he is authentic and self-effacing, and not the cookie-cutter, smiling, transparently-arrogant sportscaster type. However, his style can sometimes seem, as his attorney, Harry Manion, puts it, "breezy" and it can invite speculation as to whether he might be on something.
But did the cartoonist go too far in saying that Lobel is drunk while on-air?
By definition, libel is defamation by writing. It occurs when a false and defamatory statement is published, that statement is about a particular person, and it harms that person's reputation or exposes him to contempt or ridicule. Whether the victim is a public figure or not affects the requisite standard of fault: while public figures (like Lobel) have to show the accused had "actual malice" (i.e., knowledge or recklessness) in making the defamatory statement, non-public figures only have to show that the accused was negligent, or failed to act with due care. There are several viable defenses to libel, including truth and consent.
Generally, libel is difficult to prove, and as you can tell by their more burdensome standard for proving guilt, public figures have an especially difficult time winning libel suits. For instance, in 1983, Jerry Falwell sued Hustler Magazine after it carried a parody of an Italian spirit Campari advertisement in which Falwell discussed partaking in incest, but the U.S. Supreme Court ruled that no matter how upsetting a satire may be, it is protected by the First Amendment.
On the other hand, in 1984, Carol Burnett won her libel lawsuit against the National Enquirer for inventing a story that she had a heated (and drunken) argument with former U.S. Secretary of State Henry Kissinger in a popular Washington D.C. restaurant. More recently, and as discussed by Professor Christine A. Corcos of the Media Law Prof Blog, Massachusetts Superior Court Judge Ernest B. Murphy won his libel suit this year against the Boston Herald and its reporter David Wedge for misquoting him and then using those misquotes as front-page headlines.
We'll keep you updated on Lobel v. Conley.
See 7/30/05 Update
On-line Gambling and Horse Racing
According to a piece by Norm Frauenheim of the Arizona Republic, about 800 websites are taking bets on the Preakness. Since on-line betting is illegal in many states, those websites are often located abroad, primarily in the Caribbean, Costa Rica, the United Kingdom, and Canada.
So why is on-line gambling illegal in many states, when in those same states, one can go to a racetrack and legally make the same bet? According to an interesting study by Andrea M. Lessani of the UCLA Online Institute for Cyberspace Law and Policy, policy-makers have identified four primary rationales for distinguishing on-line gambling as somehow worse than in-person (or phone) gambling:
(1) the potential for fraud over the Internet;But, from my vantage point, a fifth reason appears most salient: racetracks don't like competition from websites, and owners of those racetracks actively lobby legislators to prevent would-be gamblers at racetracks from instead sitting home and making those same bets on-line. And those owners, along with owners of other gambling establishments, have continuously lobbied Congress to pass federal legislation that would outlaw on-line gambling. However, aside from the difficulty of enforcing such legislation, it might also defeat national economic interests: instead of bets being placed with websites owned and operated in the United States, those same dollars instead migrate to foreign websites, presumably owned by foreign parties. And if on-line gambling is indeed a vice, doesn't it make it doubly worse that foreigners are profiting off of Americans?
(2) children's access to gambling sites;
(3) an increase in gambling addictions; and
(4) the need to preserve state revenues generated from legally enforced (and state-run) gambling operations.
On the other hand, perhaps on-line gambling is a real social worry, and one that warrants the stigma attached to it being deemed illegal. According to Nielsen/Net Ratings, almost 20 million Americans partake in on-line gambling each month, and do so despite 1) concerns about the legitimacy of foreign websites and, for some, 2) recognition that on-line gambling may be illegal. And not surprisingly, on-line gamblers, like all gamblers, tend to lose more than they gain: According to Christiansen Capital Advisers LLC, American gamblers lost $4.1 billion on-line in 2004, and that number is expected to climb to nearly $6 billion in 2005. But then again, American lost $72.8 billion at legal gambling in 2003, so why should we be more concerned about on-line gamblers when "legal" gamblers are losing much more?
Maybe the real lesson is: Don't gamble, because you're probably going to lose. But that's not much fun.
Relates Posts About On-line Gambling:
Greg, Is Your NCAA Tournament Pool Illegal?
Greg, Feds Going After On-line Gambling
Thursday, May 19, 2005
Top 25 Selling NFL Jerseys
Video Game Console Wars & Exclusive Licensing Deals
David Ortiz and John Rocker: Double Standard?
Once, when Grady Little was manager, Ortiz stuck his head into the manager's office during the manager's daily pregame briefing with reporters and offered his playful assessment of what was to take place on the field that night.Certainly, personality has a great deal to do with the different reactions. While Ortiz is very charismatic and approachable, Rocker often comes across as surly and cocky. Along those lines, could you imagine the reaction of media/fans/MLB if Rocker talked about "raping their bitches"? He would probably be suspended by Bud Selig. Yet when Ortiz does it, it is said to evidence his "undying sense of humor.""We're going to kick their ass, drink their beer and rape their bitches."
The room exploded with laughter.
Another factor may be track-record: Ortiz has not made a series of inappropriate remarks, while Rocker has. In fact, to my knowledge, this is the only published off-color remark that Ortiz has made.
Lastly, I guess one might be more willing to give Ortiz a break since English is his not his native language (although, living in Cambridge Massachusetts and listening to interviews of Red Sox players, I can attest that Ortiz is completely fluent and quite eloquent in English -- he knew what he was saying).
Be sure to check out Rick's post, as he has some very engaging commentary.
Related Posts About David Ortiz:
Mike, Lost in Translation? MLB Steroid Testing Policy and Spanish-Speaking Players
Mike, The Unclear Methodology of Suspensions in MLB: David Ortiz and his Bat Tossing Contest
Wednesday, May 18, 2005
Kwame Brown: Wasted Talent or Stardom to Come?
Knowing When to Fold Them: The NBA Draft and Declaring Too Late
Nice piece by Aran Smith of NBADraft.net on amateur basketball players who found that "staying in school" can sometimes prove to be a big mistake. Among the players he profiles are Darius Rice and Felipe Lopez, who had they declared for the NBA Draft out of high school, would have likely been first round picks. Lopez might have even been a high lottery pick. But they went to college instead, Rice to the
Related Posts About Age Floors:
Mike: Hawaii Passes 18-Year Old Age Floor for Ultimate Fighting
Mike: Ontario Hockey League Lowers Age Floor to 15
Greg: Tales of Woe, Gore and Age Limits
Mike: Jermaine O'Neal: Racism Motivating Efforts to Ban Teenagers
Toney v. L'Oreal: The Marginalization of Baltimore Orioles v. MLBPA, 805 F.2d 663 (7th Cir. 1986)
In the 1986 case of Baltimore Orioles v. Major League Baseball Players Association, the United States Court of Appeals for the Seventh Circuit held that state law right of publicity claims were generally preempted by the federal Copyright Act. Specifically, the court addressed the question of whether MLB clubs owned exclusive rights to the televised images of players during games. The players argued, in sum and substance, that a state law right of publicity afforded them a commercial interest in their televised images. As a matter of background, the right of publicity generally allows an individual the right to control the use of his or her name, image, likeness and voice for commercial purposes. The teams, however, maintained that the federal Copyright Act preempted any such interest. Reasoning that the players' performances lacked sufficient creativity for a separate interest under state law, the court rejected the players’ claim. This decision dramatically reduced opportunities for parties in the Seventh Circuit to argue state law right of publicity claims.
Baltimore Orioles had remained the law in the Seventh Circuit until May 6, 2005, when the court ruled in Toney v. L'Oreal USA, Inc. that Baltimore Orioles only preempts a very narrow category of cases—and does not generally preempt right of publicity claims at all. In Toney, the plaintiff alleged that the defendant had violated her right of publicity under
Congratulations to Ms. Toney, and also her attorneys, Thomas J. Westgard of Chicago and Simon J. Frankel and Blake Lawit of Howard Rice Nemerovski Canady Falk & Rabkin in San Francisco. Seldom can attorneys succeed in reversing long-standing precedent, but as Toney demonstrates, sometimes hard work and creativity can do the trick.
Related Posts About Right of Publicity:
Greg, Alabama Sues Artist Who Created Football Paintings
Greg, Harvard Law Review Article on Twist and the Right of Publicity
Amusement Park Manager Found Guilty for Death of Visitor
In the wake of this incident, Daniel Engber at Slate answers a good question: Who regulates our nation's amusement parks? (05/17/05) The answer: a mish-mash of federal, state and local laws, and in some cases, the amusement parks themselves. A sample:
- The federal government only issues regulations for rides that aren't fixed in a permanent location, like those in small, traveling carnivals, while states can regulate rides that are fixed in place, like those at the Rockin' Raceway. Owners and manufacturers also subscribe to a set of voluntary industry-safety standards set out by the nonprofit ASTM International (formerly the American Society for Testing and Materials).
Most states have special laws to ensure the safety of amusement park goers. Many license amusement park ride owner-operators and require them to have at least six-figure liability insurance. Some states also perform equipment inspections (sometimes for a fee), require daily equipment tests, and set forth rules about staffing.
Tuesday, May 17, 2005
Swimmer Wins Lawsuit Against Vitamin Maker for Positive Drug Test
Vencill's suit Ultimate Nutrition, the maker of the multivitamin, is believed to be the first of its kind, but will not be the last.
- Officials say that otherwise benign supplements can be contaminated in several ways. Supplement manufacturers, who operate largely unregulated, might unknowingly buy tainted ingredients from overseas. Or they might make a range of products, including powders or drinks that feature steroid precursors. If the vats aren't thoroughly cleaned, residue from the previous muscle powder can taint the next batch of vitamins down the line.
California Assembly: Angels Engaged in False Advertising
The necessity of this legislation is up for debate. California has its fair share of laws that require disclosure but that, in fact, do little. In addition, don't the Angels already satisfy the proposed law? After all, their official name is the Los Angeles Angels of Anaheim. This is pretty strong indication of where they play their games -- but I suppose the bill's purpose is to keep them from dropping the "of Anaheim."
As happens with most knee-jerk legislation, though, the bill could have a big impact on sports in California. Will suburbs even be able to compete to build new stadiums in the future? Will the NFL want to grant Los Angeles a team if it has to put on all of its promotional materials that the team plays in Carson? Without the competition from the surrounding areas, the cities may be able to strongarm the teams into long-term leases on unfavorable teams, which will only create animosity between the city and the team. The only certainty with the law is that it will have an impact far beyond the Angels and Orange County.
Sunday, May 15, 2005
Who is on Your Pick-Up Court?
Saturday, May 7, 2005
Hawaii Passes 18-Year Old Age Floor for Ultimate Fighting
This bill was also motivated by a related incident last month. Apparently, a coach for a 14-year old boxer arranged for him to fight against 32-year old marital arts expert in an ultimate fighting bout. Hence, the bill contains a provision that the ultimate fighter be an adult. But the bill does not outlaw 14-year olds from boxing.
And that begs a question: Why should we be concerned about 18 year-olds playing in the NBA, or 20-year olds playing in the NFL, when it is okay that 14-year olds are boxing, even as amateurs? Plus, one can become a professional boxer and now a professional ultimate fighter at age 18 in Hawaii -- just like in most walks of life, once a boxer becomes an adult, he can test the market and see what he's worth.
It's strange that there doesn't appear to be the same outrage for 18-year olds repeatedly punching each other in the head as there is 18-year olds taking 18-foot jumpers or catching passes out of the backfield.
Friday, May 6, 2005
Florida Legislature Rejects Sales Tax Plan to Finance New Marlins Stadium
Given how sales taxes regressively re-distribute wealth, the decision of the Florida Legislature appears sensible. Indeed, with a sales tax, the rate remains the same for all persons, regardless of income or wealth. As a result, poorer and middle-class persons expend more of their available funds than do wealthier persons. In fact, according to a study conducted by the Citizens for Tax Justice in 1996, lower-income households pay over six times as great a share of their incomes in sales and excise taxes as do wealthier families, and middle-income households pay four times as great a share.
Moreover, even if a sales tax is to be implemented, wouldn't a better use of its revenue go to more pressing needs? I can't imagine that financing the Marlins' stadium strikes most Florida voters as more deserving of their tax dollars than curbing poverty, or expanding health care coverage, or some other certain need. It's nice to see that the Florida Legislature agreed, despite the overwhelming lobbying efforts of the pro-stadium faction.
All of that said, I am not philosophically opposed to the concept of publicly-funded stadiums. Rather, I am leery of using sales taxes to finance them. And even then I could (in theory) sign on to a sales tax plan, if--and only if--its proponents could prove that the stadium would generate more economic benefit to lower and middle income class persons than its financing would burden them. However, I'm skeptical that one could persuasively make such a counter-intuitive argument.
Related Posts:
Greg: New Turn in St. Louis Stadium Lawsuit
Greg: Eminent Domain and the Brooklyn Nets
Ontario Hockey League Lowers Age Floor to 15
It is interesting how the presence of a rival league induced the OHL to lower its age floor in order to meet the labor market, whereas the unrivaled NBA and NFL seek higher age floors, even though phenomenal talent and production exists beneath those floors.
Related posts:
Mike: Gary Roberts on Impact of Clarett v. NFL and NBA Draft Issues
Greg: More on Age Limits in Professional Sports
Greg: Tales of Woe, Gore and Age Limits
Mike: Damaging Goods: The NFL Age Floor and Frank Gore
Greg: Clarett and Williams Drafted--Legal Case Revisited
Mike: Jermaine O'Neal: Racism Motivating Efforts to Ban Teenagers
Thursday, May 5, 2005
Speculation: Did Bud Selig Suspend Barry Bonds for the 2005 Season?
Did Selig Suspend Bonds for the 2005 season?
This goes back to the old conspiracy theory with Michael Jordan's gambling escapades that many believe led to David Stern suspending MJ for one entire season to deflect what may have been a nightmare scandal for the NBA. There are many similarities between Jordan and Bonds being involved in activities that give their respective sports a black eye as well as comments made by Bonds which make me very suspicious that Bud pulled a power play (if he has it in him).
1 - Barry's interview this spring with his son saying he was finished. This was the first sign that saw to raise a red flag in my mind that something seemed awfully suspicious. Bonds appeared defeated....totally deflated. He told the media that they had won....that they had forced him out of the game. What was the true meaning of these statements? Barry complained about being tired despite just coming off an entire off-season (with the addition of recovery aids as well) and seemed to be writing the entire season off for what.......arthroscopic surgery? Bizarre and the first red flag for me.
2 - Barry working out with the team recently. Jogging and involved in baseball activities while appearing to be recovering from the minor procedure. Then he goes in for a cleaning out or a draining of the knee which would normally result in a one to two week layoff at most. Once this latest procedure is performed the word is that he will be out for another 8-10 weeks with other reports saying as much as 3 months which would bring us to the beginning of August.....how convenient and completely out of the blue.
3 - Am I convinced or confident that this conspiracy theory is true? Not yet. Will the next "surgery" or "report" in another two months that say Barry is coming along slower than expected or going in for yet another procedure give this theory some legs? In my mind, absolutely.
Texas Legislature -- Solving Society's Problems One Bill at a Time
- "Girls can get out and do all of these overly sexually performances and we applaud them, and that's not right."
- "Have we done anything about stem cell research to help people who are dying and are sick advance their health? No," said Democratic Rep. Senfronia Thompson. "Have we done anything about the mentally ill, school finance or ethics?"
And perhaps someone can instruct me on exactly what constitutes an "overtly sexually suggestive" cheerleading performance and what does not. After all, those male cheerleaders' hands may brush the females' backsides when they catch them after a stunt. Scandalous.
Wednesday, May 4, 2005
Big East and ACC Settle Lawsuit
Lost in Translation? MLB Steroid Testing Policy and Spanish-Speaking Players
Tuesday, May 3, 2005
Some Good Reads
- The Washington Post discusses how overseas recruiting has become more difficult in the wake of 9/11.
- The fine gentlemen at The Sports Economist have interesting posts on ticket scalping and barriers to entry and franchising.
- Skip Bayless at ESPN has a good article on Manu Ginobli, including some great thoughts on the "stigma" of white basketball players in the US.
- And finally, Terrell Owens is a baby. I hope he gets fined as much as possible. You think the Eagles are still happy they signed him? Read about how his bad attitude has rubbed off in the clubhouse.