Introducing Orpheus Sports & Entertainment

We wanted to let you know that Joe Rosen (an occasional contributor to this blog) and Chris Brown, Boston attorneys who also are adjunct professors of sports and entertainment law at Boston College Law School, are joining forces as Brown & Rosen LLC and Orpheus Sports & Entertainment. Brown & Rosen LLC is a full service law firm with a specialty in sports and entertainment law. Orpheus Sports & Entertainment is a consulting company through which Joe and Chris provide representation services to athletes and entertainers. Joe and...

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Court Rules In Favor of Angels

The city of Anaheim has suffered another legal setback in its continuing battle with the (Los Angeles) Angels. A California appellate court affirmed a lower court decision that will allow the team to use the Los Angeles name for the remainder of the season. The team was seeking a temporary injunction against the use of Los Angeles until the matter could go to trial. The court did not issue an opinion, but to issue the injunction it would have had to find that irreparable injury would be done to the city in its absence. The city must now decide...

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The Red Herring of Age in the NBA Draft

The following is my reflection of the recent imposition of an age floor in the NBA Draft, and also my law review article Illegal Defense: The Irrational Economics of Banning High School Players from the NBA Draft.Later tonight, the NBA will conduct its annual entry draft. Among those players drafted will be those who recently graduated from high school. Numerous basketball analysts and social commentators will express dismay at the prospect of these players skipping college and earning millions of dollars a year. They will then praise the NBA and...

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NBA Draft Age Ban Discussion

See Update 7/28/2005: NBA Player Arrest Study and Age/EducationSome quick hits:Omar Kelly of the South Florida Sun-Sentinel discusses the issue (Kelly, "Preps Pipeline Closing," 6/25/05). He discusses my view and that of Professor Bob Jarvis:Michael McCann, an incoming professor at Mississippi College School of Law and a member of Clarett's legal team, believes a similar anti-trust lawsuit against the NBA is imminent, possibly coming as early as next season from a player with the 7-foot Oden's stature. McCann believes that case would have more...

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Connecticut Ethics Panel Clarifies Rules for Coaches' Endorsements

A Connecticut ethics panel has ruled that the law preventing state employees from using their public office for private gain applies to all state employees, including UConn basketball coaches Jim Calhoun and Geno Auriemma. While the report specifically exempts current contracts the coaches have, including with Nike, the endorsement deals will face more intense scrutiny upon renewal.The commission's report clarifies that the so-called "celebrity exception," which had been implied in previous reports, does not exist, and that all state employees...

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Lawsuits Filed over Formula One Race

Well, you knew this was coming. Three fans who were at the F1 race at the Indianapolis Motor Speedway on Sunday for the debacle that was the US Grand Prix have filed lawsuits claiming that F1, the sport's governing body, Michelin, the teams that withdrew from the race and Indianapolis Motor Speedway (IMS) “responsible for not producing the type of event advertised." Expect some refunds to be issued and for this to all go away. Just like Formula One, which probably won't be back in the US anytime soon (although you never know). (Cavin, "F-1 roar...

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The Legality of the New CBA

Below I discuss the new NBA collective bargaining agreement (6/21), including thoughts that setting the age limit at 19 seems to be a bad idea for both parties.But regardless of whether the age limit in the CBA is a good idea, I think there is no question that it is legal. The union and the league have freely reached this deal in a bargained-for agreement, which should satisfy the labor exemption to the antitrust laws (if that exemption means anything). Yes, it is arbitrary, but no more so than limiting the teams' rosters to twelve active players.I...

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NBA and Players Reach New Agreement

I return from a lengthy absence with news that you have no doubt heard. The NBA and the Players Union have reached an agreement (in principle) for a new collective bargaining agreement. The new agreement, which is outlined on the NBA website, raises the salary cap, increases the percentage of basketball revenue guaranteed to the players and decreases the maximum contract length from seven years to six. It also increases the number of random drug tests, as well as the penalty, and gives teams the right to assign players with less than two years...

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Proposed New Yankees Stadium: Good for Taxpayers?

The New York Yankees have proposed construction of a new, $800 million ballpark that is privately financed. Although $200 million in city and state funds would be used for infrastructure and parkland, sports economist Andrew Zimbalist of Smith College notes, "any way you look at it, this is a pretty generous deal for the city." Financing for the new Yankees stadium would be certainly different than that for the publicly-financed project recently proposed by the Marlins (and as we recently discusse...

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Assumption College Reinstates Track and Field Team After Allegation of Sex Discrimination

Assumption College of Worcester, Massachusetts has agreed to reinstate both its men’s and women’s indoor and outdoor track and field teams in order to avoid a sex discrimination lawsuit threatened by the Trial Lawyers for Public Justice ("TLPJ"). In a demand letter dated May 10, 2005, the TLPJ charged that the school’s decision to eliminate the women’s teams violated Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination by educational institutions receiving federal funds. The school has now confirmed that...

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My Interview on HBO

First off, I apologize for the lack of posts. We've been in a busy patch, but we'll now be posting with far greater regularity.Second, I hope you had or will have a chance to see my interview on Bob Costas' HBO Show "Costas Now." The show first aired last night at 9:00 P.M. EST, and will air again throughout the week (see schedule below). Armen Keteyian interviewed me one-on-one,...

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The Relationship Between Age and Performance Among Baseball General Managers

We often discuss age-related issues on Sports Law Blog. Namely, we debate whether age floors are both desirable and legal for the NBA and NFL Drafts. As you probably know, Greg and I disagree on this topic, and if you are interested in my published analysis, please take a look at my law review article "Illegal Defense: The Irrational Economics of Banning High School Players from the NBA Draft, 3 Virginia Sports and Entertainment Law Journal 113 (2004)."But what about age and performance as a general manager -- does experience and seasoning matter?...

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