Iowa Law Professor Sees Red Over Pink

A law professor at the University of Iowa has caused a minor stir by complaining about the visitor locker rooms at the university's Kinnick Stadium. In an apparent attempt to "soften up" the opponents, the home team decided to make the entire locker room pink: pink walls, pink toilets, pink floors. ("Professor says pink locker room promotes sexism, homophobia," 9/23/05). According to this displaced Bostonian (I wonder if she hails from Mike and my old stomping grounds?), decorating the room in a lighter shade of red promotes sexist and homophobic...

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Congress Ready to Crack Down on Steroids in Baseball?

U.S. Senator Jim Bunning, a Republican from Kentucky and Hall of Fame baseball player (he was a star pitcher for the Detroit Tigers and Philadelphia Phillies between 1955 to 1969), proposes a new federal law that would dictate that pro athletes who test for steroids for the first time be suspended from their leagues for 2 years without pay. (James R. Carroll, "Congress Ready to Crack Down on Steroids," Louisville Courier-Journal, 9/28/2005). For baseball players, that would mean 324 games, plus any lost playoff games. Under baseball's existing...

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A DNA Contractual Showdown Looming? Eddy Curry's Cardiologists Say DNA Test Unwarranted and Unnecessary

Bolstering the argument of Chicago Bulls center Eddy Curry and his attorney, Alan Milstein, that Curry not submit to the Bulls demand that Curry take a DNA test, Los Angeles cardiologist Dr. David Cannom--who examined Curry in June--says Curry's heart is structurally sound, and a DNA test for the heart affliction hypertrophic cardiomyopathy ("HCM") is unnecessary. As we discussed on Monday, the Bulls believe that Curry may have, or have a propensity for developing HCM, and should he re-sign with the Bulls to a one-year, $5.14 million contract,...

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UPDATE: It Ain't Over 'til You Settle

As anticipated (2/20), Yogi Berra has agreed to drop his lawsuit against TBS in exchange for an undisclosed settlement. The terms are confidential but Berra's lawyer calls it "substantial." (Rovell, "Misuse of Berra's name costs network, ESPN, 9/16/05). As you may recall, TBS used Berra's name in an advertisement without his permission to promote the syndication of 'Sex and the City.' The ad, which appeared on buses, billboards and in magazines nationwide, read: "Yogasm: a) a type of yo-yo trick b) sex with Yogi Berra c) what Samantha has with...

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Sports as a Measure of Healing

This is a common theme, but one that bears repeating: the importance of sports on morale and recovery from a tragedy. As the New York Times states, "Football, and a sense of normalcy, returns" to Louisiana with the LSU-Tennessee game (9/27/05). Playing Monday's game might have been considered a frivolous and callous exercise, given that New Orleans is largely empty and crippled, and the coastal region of Louisiana is essentially under water. But not now, not when Louisiana desperately needed confirmation that something was still functioning as...

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The Onion Takes on Sports

I realize that I may be a bit late to the party on this, but The Onion has begun regularly featuring sports stories along with its usual excellent material. This week, "Terrell Owens Pre-Emptively Disparages Next Contract," (9/21/05). PHILADELPHIA—Eagles wideout Terrell Owens, who recently returned to his team after a training-camp holdout on the second year of his seven-year, $49 million contract, took time Monday to verbally blast the amount, duration, and bonuses of whatever contract he signs next."It's going to be a damn travesty," said the...

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Brave New World? Eddy Curry and Chicago Bulls In Disupte over DNA Test

Please Also See Update on Curry v. Bulls, 9/28/2005Chicago Bulls center Eddy Curry, a restricted free agent who averaged 16.1 points and 5.4 rebounds last season and who was 5th in the NBA in field goal percentage, is refusing to take a DNA test as part of a one-year qualifying contract offer from the Bulls. (Garcia, "Bulls' Deal With Curry On Hold Without Test," South Bend Tribune, 9/25/2005). The Bulls want Curry--who was diagnosed last season with an irregular heartbeat and an enlarged heart, but still played in 72 games--to undergo a DNA test...

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President John G. Roberts?

Elanor Clift of Newsweek muses that Judge John G. Roberts, who will soon be confirmed as Chief Justice of the United States Supreme Court, may ultimately seek the White House:Roberts has led such a charmed life that heading the Supreme Court may not be the end of the road for him . . . Roberts looks like William Holden, a Hollywood leading man when Ronald Reagan was still a B actor. A son of privilege with a Kennedyesque family, Roberts recalls the heady days of Camelot. He’s a man of great intellect, and in about 10 years time, maybe longer, he’ll...

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The Tony Allen Story: Gunshots, Punches, and Mysterious Knee Injuries

Earlier this month, we discussed an investigation by the Chicago Police Department into a shooting that appears to involve Tony Allen, a second-year player on the Boston Celtics. Accompanied by teammate Will Bynum and an entourage of about 15 people, Allen is said to have gotten into a heated verbal confrontation with Marktwain Johnson, a patron in a Chicago restaurant. The argument arose on Sunday, August 28, at 3 AM. The remainder of the story is uncertain, but at some point, Allen allegedly directed someone in his entourage to "F--- him up,"...

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The Robots Are Coming! The Robots Are Coming! Will Artificial Intelligence One Day Solve The Things That Don't Make Sense in Sports?

Ray Kurzweil's new book The Singularity is Near concludes that by the year 2025, we will have invented machines that are as smart as humans; according to Kurzweil, even the best of today's computers only have an artificial intelligence of an insect. After we have invented machines that are as smart as humans, "we" (meaning humans and the computers themselves) will soon develop machines that are millions of times smarter than humans. Kurzweil estimates that by 2045, such superior machines will exist, and when that happens--a moment Kurzweil calls...

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Major Lawsuit over Australian Television Rights

I admit to knowing nothing about Australian Football, a sport whose final will be played this Saturday. All I know is that it must be big business, because it is the subject of a billion-dollar lawsuit in a Sydney federal court. (Arnold, "Media barons head to court in war over Australia's TV future," Int. Herald Trib., 09/11/05). Seven Network, controlled by the self-made billionaire Kerry Stokes, is suing a group of companies, including News Ltd., which is controlled by Rupert Murdoch, and Publishing & Broadcasting, controlled by Kerry Packer,...

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No, I'm Famous...Really

NFL players have to deal with vicious hits, a short playing career, abusive coaches and unforgiving fans. But now you can add to that list the threat of . . . impersonation. Unlike many other athletes, the helmets and other padding worn by NFL players often makes them hard to recognize on the street; thus, there are a number of people out there claiming to be these players. (Crouse, "To NFL Player, Imitation Isn't a Form of Flattery at All," NY Times, 09/14/05). The pathetic attempts at fame range from trying to seduce women in bars to attempting...

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Post Katrina Thinking: Should Pro Sports Leagues Force Geographically-Vulnerable Franchises to Relocate?

The devastation of Hurricane Katrina will remain a focal point of policy-makers for years to come. Beyond any reasonable doubt, government actors and agencies--at the local, state, and federal levels--failed miserably in preparing for, and responding to, Katrina. Hopefully the government will learn from its failures, and become better equipped by the next time a category 4 or 5 hurricane strikes.But therein lies the real and frightening concern: the prospect of another Katrina-like storm hitting the United States isn't remote. In fact, the odds...

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Profiles in Sports Law: Orpheus Sports and Entertainment Company

Many of our readers are interested in pursuing sports law careers, so when we know persons who have actually pursued that career, it's worthwhile to describe their work and how they got to where they are. Our good friends Joe Rosen and Chris Brown are two such persons. With 14 years of law practice between them, Joe and Chris recently started the Orpheus Sports and Entertainment Consulting Company in Boston. They also maintain a separate law practice, Brown and Rosen LLC.So what do Joe and Chris really do as sports agents? Are they basically...

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More on Roberts and Umpires

I am afraid I have to disagree slightly with Mike's assessment of Judge Roberts' umpire analogy (9/14). As a youth baseball umpire for nearly eight years, and also a follower of the judiciary, I believe that Roberts' simile is an apt comparison, perhaps not of what judges always are, but of what they should be. As this hearing is largely about what Roberts will do on the Court, and what the proper role of a Supreme Court Justice is, the analogy takes on a new significance."Judges are like umpires. Umpires don't make the rules; they apply them."...

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Evaluating Judge John Roberts' Analogy of Justices to Umpires

Sports Law Blog readers John M. Powers, Jr., an attorney at the Henderson Law Firm in Phoenix (and also a former minor league baseball player), and recent Dartmouth grad Will Li brought to my attention Judge John Roberts' opening remarks to the Senate Judiciary committee, and specifically his analogy comparing justices to umpires.Judge Roberts stated:Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make...

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Welcome Massachusetts Lawyers Weekly Readers

A gracious thank-you to Attorney David Frank, news editor of Massachusetts Lawyers Weekly, for his article on Sports Law Blog in this week's publication. (Frank, "Couple of Good Sports," Massachusetts Lawyers Weekly, 9/12/2005). David, along with Attorney Scott Gilefsky, co-hosts Sports Court on Sporting News Radio Boston on Sundays from 6 PM to 8 PM.Here are some excerpts from the piece, which appears on page 5:So, what do sports and law have in common? For a pair of recent Harvard Law School graduates, the answer is a lot.Michael A. McCann and...

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Do Colleges and the NCAA Have a Heightened Duty of Care for Student-Athletes with Sickle Cell Trait?

Jennifer Price and Dusty Luthy have an extensive piece in the Columbia Missourian on the recent deaths of two college football players: Devaughn Darling of Florida State University (died at age 18 in February 2001) and Aaron O'Neal of the University of Missouri (died at age 19 in 2005). (Price & Luthy, "Autopsy Results Probed," Columbia Missourian, 9/11/2005). Both players died immediately after partaking in rigorous training sessions that were supervised by their teams' coaching and training staffs. The sessions were also conducted in very...

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It's Not About Being an Attorney

Syndicated columnist Bob Novak has a seething piece on Real Clear Politics in which he argues that because DHS Secretary Michael Chertoff and FEMA Director Michael Brown are attorneys, they have incompetently handled Hurricane Katrina. He doesn't offer any reasoning as to why the legal training of Chertoff and Brown is somehow relevant to their performance, but he begins and ends the column with the same conclusion: get the lawyers away from the relief efforts and things will get better.Novak's premise is absurd. Sure, Secretary Chertoff and Director...

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NCAA v. Yeo: Does the Law Lose its Meaning When Fairness is Ignored?

Eric McErlain of Off Wing has an engaging take on NCAA v. Yeo, which we discussed earlier today:Can somebody tell me where there might be a scintilla of fairness or justice in this kind of decision? I know competing in intercollegiate athletics are a privilege, not a right, but just whose interest was served by such a non-sensical ruling (on the part of the NCAA, not the court), especially after Yeo declined to participate in NCAA competition for a full year?His post, entitled "The Monster that is the NCAA," generates interesting reader comments,...

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Feasibility of Lawsuits by Athletes Against Coaches and Schools for Lack of Playing Time

Timothy Epstein, an associate at O'Hagan, Smith & Amundsen in Chicago, recently published an excellent law review article entitled "Splinters from the Bench: Feasibility of Lawsuits by Athletes Against Coaches and Schools for Lack of Playing Time." The article appears in Volume 4 of the Virginia Sports and Entertainment Law Journal (2005). It discusses the feasibility of lawsuits brought by athletes against their coaches and schools for lack of playing time--a timely topic in light of NCAA v. Yeo, No. 03-0753, 2005 Tex. LEXIS 606 (August...

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Chief Justice William Rehnquist Dies: A Look at His Passion for Sports and the Future of the U.S. Supreme Court

Chief Justice William Rehnquist passed away yesterday at the age of 80. The valedictorian of Stanford Law School in 1951, Rehnquist served on the Court for 33 years, the last 19 as Chief Justice. What you might not know about Rehnquist was his passion for sports. He was a cross-country runner at his suburban Milwaukee high school, and played tennis competitively into his late 70s. He was also said to be an avid sports trivia buff.Despite his position, fame, and intellect, Rehnquist was regarded as a regular guy when outside of the Court. An afficiando...

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