Sports Law in Action: The Huggins Resignation

On August 24, the University of Cincinnati reached an agreement with Bob Huggins to buy-out the remainder of his contract, thereby ending his tenure as the school's basketball coach. The terms of the buy-out are a bit muddled, but Huggins will receive nearly $3 million as part of the agreement, rather than the $2 million he would have received had no agreement been reached and he had been fired (Koch, "Huggins to receive $3 million buyout," Cinc. Enq., 08/25/05).So how did the University and Huggins reach this agreement? Thankfully (at least for...

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Red Sox Ownership: Yankees Don't "Suck"

In a move designed to make Fenway Park less hostile for opposing teams' fans and families with young children, the Boston Red Sox have decided to ban the popular "Yankees Suck" t-shirts worn by fans who patron the Park. (Scott Van Voorhis, "Sox Eye Stopping Epithet," Boston Herald, 8/25/2005). Although the team has avoided using the word "ban," fans wearing the t-shirt have been asked to turn their shirt inside-out, and, to date, no fan has refused. The t-shirts are sold by independent vendors, and can also be purchased on-line.So have the constitutional...

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More on Gender and Coaching

In a follow-up to a post last week on gender and coaching (8/21), the Houston Chronicle has an article today talking about male v. female coaches in women's' professional sports, namely the WNBA (Blinebury, "Manned workforce," Hou. Chron., 08/25/05). As the article points out, in the WNBA's first season, only 1 of the 8 teams had male coaches. Next year, 10 of the 14 franchises will be run by men. As the article asks, is this an indication of "a negative attitude toward female head coaches or a positive statement about the women's game being able...

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Insurance in Sports: Baseball and Action Sports

Few sports fans realize the important role that insurance plays in the modern sports world. In recent weeks, two articles on the subject have caught my eye.The Detroit News ran a story outlining how player contract insurance works and what is does not cover. (Henning, "Costs for coverage are out of the park," Det. News, 07/24/05). As the article states, even the best insurance rarely picks up the complete cost of an injured player's contract. - A player must be on the disabled list from 45 to 90 days of a 172-day major league season for insurance...

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Welcome Washington Times Readers

In discussing the influence of the Internet on public perception of Judge John Roberts and his nomination to the U.S. Supreme Court, Stephen Dinan of the Washington Times mentions our 7/24/2005 post on Judge Roberts and sports law. (Dinan, "Web Boosts Glare on Roberts," Washington Times, 8/23/2005). Dinan writes:On other Web sites, postings run from random rumors about Judge Roberts to substantive discussions on niche areas of Judge Roberts' jurisprudence.In late July, for example, Sports Law Blog, found on the Web at http://sports-law.blogspot.com,...

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Welcome Sports Business Journal Readers

We would like to say hello to any new readers that may have discovered this site through Mark Hyman's flattering piece in this week's Sports Business Journal. ("Blog days of summer: Site keeps sports law discussion going," 08/22/05) (subscription required).For those that are new to the blog, we have compiled a sampling of posts from the past year. As always, we welcome all comments and questions to the email addresses at the top of the page.Age Limits in SportsDamaging Goods: The NFL Age Floor and Frank GoreTales of Woe, Gore and Age LimitsThe...

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UPDATE: Problems for the New NFL Labor Deal

Gene Upshaw, the head of the NFL players union, says the league's offer for a new collective bargaining agreement is not even close to what the players are seeking, meaning a deal could still be months away. (Shapiro, "NFL deal not close, head of union says," Wash. Post, 08/19/05). Upshaw has also said that if a deal is not reached by October, it may be difficult to sign a new CBA that avoids the 2007 season being played without a salary cap (as it will under the current agreement). As Upshaw says, as the 2007 season draws nearer, the players will...

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Gender Equity in Coaching

A new study conducted by Penn State and funded in part by the NCAA has found that the number of female coaches has declined since the passage of Title IX, despite the incredible increase in the number of female athletes in that same period. ("Equity in coaching declining as more men coach women," Penn State Live, 08/19/05).A number of people have weighed in with potential rationales for these numbers. Robert Drago, a professor of labor relations and women's studies quoted in the article, feels that "sex discrimination, extreme workloads, family-unfriendly...

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NCAA and NIT Near Settlement in Federal Antitrust Dispute

The Indianapolis Star's Mark Alesia, who has covered this story with remarkable depth and insight, writes about the NCAA and NIT nearing a settlement in their federal antitrust litigation. (Alesia, "NCAA and NIT Settle," Indianapolis Star, 8/17/2005). Although the settlement terms remain unknown, Alesia speculates that, aside from paying off the NIT, the NCAA might temper their rules that restrict member schools' appearances in "exempt" tournaments like the Maui Invitational and Preseason NIT. Currently, schools can only participate in 2 exempt...

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My In-Studio Interview this Morning on The Score Sports Radio 620 AM in Jackson Mississippi

For those of you who either live in the Jackson, Mississippi area or who have satellite radio, I will be an in-studio guest on The Score Sports Radio 620 AM from 8:00 AM to 8:30 AM. I'll be on the "Chuck and Doug show," hosted by Chuck Stinson and Doug Colson. We'll talk about my role on Maurice Clarett's legal team, my law review article on high school players and the NBA Draft, and my recent study on NBA player arrests and age/education, along with other topics raised on the Blog. I hope you get a chance to listen this morni...

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Violent Sports Fans and Injured Bystanders: How Might the Law and Economics of Ticket Prices Influence Team Liability?

Eric Crawford of the Louisville Courier-Journal has an interesting piece on overly-passionate fans who become violent when their teams struggle or disappoint. (Crawford, "When Obsessive Meets Compulsive," Louisville Courier-Journal, 8/15/05). Crawford examines fans who throw things onto the field or who curse at players/coaches/referees, as well as stay-at-home fans who merely break things, like large-screen TVs, much to the anger of their spouses and children. His research includes a recent poll of University of Kentucky sports fans, where 16...

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Dwight Jaynes Column on My NBA Player Arrest Study

Dwight Jaynes of the Portland Tribune published an excellent column today concerning my recent study on NBA player arrests and age and education. (Jaynes, "Stern Has it Exactly Backward on College," Portland Tribune, August 9, 2005). Here are some excerpts:Sports law expert Michael McCann is a graduate of Harvard Law School who is now, at 29, a professor at Mississippi College School of Law in Jackson, Miss. He took the time to research the backgrounds of NBA players who have gotten into trouble with the cops.While his list probably isn’t complete...

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High School Athletes and Creatine? My New Law Review Article on Dietary Supplements, Cognitive Biases, and Consumerism

In addition to sports law, my primary areas of legal scholarship pertain to food and drug law, consumer law, and behavioral law and economics. If you are interested, I just published a law review article in Boston University School of Law's American Journal of Law and Medicine. The article is entitled "Dietary Supplement Labeling: Cognitive Biases, Market Manipulation, and Consumer Choice." The article canvasses the dietary supplement industry, and explores how cognitive biases affect supplement consumers.Among the consumers studied are high school...

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This Week's Sports Court hosted by Attorneys David Frank and Scott Gilefsky

Sports Court, a weekly sports law radio show hosted by attorneys David Frank and Scott Gilefsky of Sporting News Radio, has a great program scheduled for tonight (6 PM to 8 PM). Columnist Shawn Peters, who is the founder of Sports Page 43, will be the guest for the first hour. He'll discuss athletes who break the law or violate league rules, and how the "court of public opinion" can sometimes render stiffer sentences than any court would--the very focus of his column this week.In the second half of the show, David and Scott will interview Los...

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Quick Hits: More on NIT v. NCAA and NBA Player Arrest Study

1) Skip Sauer of The Sports Economist proposes that the NIT Tournament be restructured like the FA Cup in England (with the NCAA akin to the League Cup), and he also details Bobby Knight's testimony in the NIT v. NCAA antitrust trial. Very interesting post by Skip, who has consistently offered creative strategies for enhanced competition between the NIT and NCAA.2) Henry Abbott of True Hoop asks me about the high school seniors who weren't drafted: One of Maurice Clarett's former lawyers, Michael McCann, has been assembling evidence that the...

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Crime and College Football Players: You Always Get a Second Chance to Make a First Down

Rick Maese of the Orlando Sentinel has an intriguing piece on how Division I college football players who commit serious crimes are often afforded "second chances" that members of the general student population do not enjoy. (Maese,"Justice for All?," Orlando Sentinel, 7/31/2005). In doing so, Maese details the frequency at which top college football programs feature ex-cons, including those who have been convicted of violent crimes like involuntary manslaughter, felony assault, and armed robbery. He then compares college football players who commit...

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My, How the Tables Have Turned

I came across this post from February and thought it was humorous in the wake of recent events. The title: "Palmeiro Considers Suing Canseco" (2/28). Good thing truth is an absolute defense, eh Jose?Read more on Palmeiro from Mike (8/...

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NIT Proposes Measures to Make NCAA Tournament Less Monopolistic

As reported by Mark Alesia of the Indianapolis Star, the first two days of the NIT's antitrust lawsuit against the NCAA has already generated interesting developments. (Alesia, Indianapolis Star, 8/3/2005). In his opening statement, NIT lead counsel Jeffrey Kessler offered a number of measures that would ostensibly stimulate competition between the NIT and NCAA Tournaments. His suggested measures included: 1) starting and ending the regular season earlier; 2) shortening the three-week NCAA Tournament; and, perhaps most interestingly, 3) limiting...

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Justice Department v. Rafael Palmeiro? Perjury Charges Unlikely

As has been reported extensively, Baltimore Orioles’ first baseman Rafael Palmeiro revealed yesterday that he tested positive for steroids in July, which triggered an automatic 10-game suspension under baseball's new steroids policy. This revelation comes only five months after Palmeiro testified before the U.S. House Judiciary Committee that he had never used steroids. As we discussed then, Palmeiro was demonstrably adamant in his denial. Indeed, his dramatic, finger-waving rebuke of steroid suspicions was oddly reminiscent of when former President...

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John Daly Sues Columnist Mike Freeman for Libel

Pro golfer John Daly filed a libel lawsuit last week against the Florida Times-Union and its website, contending that he was defamed by Mike Freeman in a column published last year. Daly takes particular umbrage to statements that he is "accused of smacking women around" and that he has "Thug Life qualifications." The lawsuit asks for an unspecified amount in excess of $15,000. As we discussed in regards to sportscaster Bob Lobel and his libel lawsuit against cartoonist Darby Conley, proving libel is incredibly difficult, especially for "public...

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Fantasy Football Widows

Mike has posted on this before (7/14), but it is so interesting, I thought I would add my two cents. Christine Hurt at Conglomerate writes of a fascinating (and true) phenomenon that occurs each year: Fantasy Football Widows and Orphans. If you don't think this is a problem, just ask my fiance. Fantasy football has the capacity to consume in a way that many other fantasy sports cannot -- maybe because it is weekend-heavy, or because the season is comparatively short. Or maybe football just lends itself to being an excellent fantasy sport. But I...

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UPDATE: NFL and Guaranteed Contracts

For those looking for more information about last week's post on the NFL's labor future (7/28), I recommend the following articles that came out over the weekend:Gary Myers, on the one-sided nature of NFL contracts (NY Post, 07/31/05)Phil Sheridan on why Drew Rosenhaus is not winning people over (Phil. Inquirer, 07/31/05)Mark Maske saying the same, but going more in-depth (Wash. Post, 07/31/05)Many in the NFLPA (agents and players) are rallying behind the current system, in which some upfront money is guaranteed and the salary cap ramifications...

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NIT v. NCAA: The Antitrust Trial Begins

Mark Alesia of the Indianapolis Star has a great piece on the National Invitation Tournament 's (NIT) antitrust lawsuit against the National Collegiate Athletic Association (NCAA). (Alesia, "Antitrust Case Puts NCAA on Defense," Indianapolis Star, 8/1/2005). The trial begins today in the United States District Court for the Southern District of New York (the same trial court where Maurice Clarett won).The NIT--which years ago was a genuine rival to the NCAA--is challenging the NCAA's requirement that, if invited, member teams attend the March Madness...

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What's in a Number?

Alan Schwarz of the New York Times has a fascinating look at baseball statistics in Sunday's paper. As he writes, the somewhat uncertain history of the sport prior to the 1920s means that not all baseball stats are set in stone, even those memorialized in Hall of Fame plaques.Sure enough, when considering Ty Cobb's 4,191 hits, Walter Johnson's 414 victories and dozens of 19th-century numbers less burned into baseball's collective retina, many of the older statistics are either in dispute or downright incorrect. Either because of arithmetical error,...

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