Lack of AI? Culture Bias and U.S Olympic Basketball

In a baffling move, Allen Iverson--who is the NBA's 2nd leading scorer and is 8th in assists per game--has been left off the U.S. Olympic team. Iverson had repeatedly expressed a desire to represent his country and to be on the team, which is directed by Jerry Colangelo and coached by Mike Krzyzewski. The team will be announced this Sunday and will include 22 NBA players,...

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Why We Love Sports

Every once in a while, it's important to take a step back and remember why we all love sports in the first place. It's not because we like to see rich players and even-richer owners bickering over millions of dollars. Sports is so much bigger than the pros. It's so much bigger than age limits, salary caps, free agency, steroids and pre-game shows. Sports is about passion, about playing for the love of the game. It's about ordinary people creating extraordinary moments. And that's what makes this story so incredible. Click on the link and watch...

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The Many Faces of Sports Law: Immigration

Immigration law is not a topic we normally cover on this site, but it can have a profound impact on sports. After 9/11, a number of colleges had difficulty getting return visas for their foreign students, including those recruited to play sports. And for the Olympic Games, where citizenship is key, immigration law can be of the utmost importance. Just ask Ben Agosto and Tanith Belbin, the US ice dancing pair that won the silver medal. One of the first thank yous they delivered was to their lawyers.Without that legal team -- led by Barney Skladany...

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NBA Age Limit and Questioning "Business Reasons"

Last week, Greg posted on David Stern's recent comments about the new NBA age limit. Stern said the new limit was "a business issue" and nothing else. He noted that it would be better for the NBA that amateur players develop in college, and that NBA scouts could better assess their talent while college, and, after playing in college, these players could more immediately make contributions when entering the NBA. To illustrate this point, he cited Celtics rookie Gerald Green, a high schooler taken with the 18th pick in last year's draft who hasn't...

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Brooklyn Law Review Article: It's Not About the Money

I have posted on SSRN an updated version of my forthcoming law review article: It's Not About the Money: The Role of Preferences, Cognitive Biases, and Heuristics Among Professional Athletes, 71 Brooklyn Law Review __ (forthcoming, 2006). The article applies two law and economic approaches to sports contract-making: the rational actor model (i.e., athletes have economic and...

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Don't Tell Me The Results!

I am a big fan of technology and the Internet age -- the rise of cyberspace has allowed me to publish this blog, makes everyday tasks much easier and provides hours of online procrastination. But the instant gratification, Need to Know Now!! culture that it has spawned is often problematic. The latest example -- the results of the Olympics.An hour ago, I grew bored at work and decided to check out the New York Times homepage, as I had not read today's issue. What am I greeted with? A banner headline telling me the results of tonight's figure-skating...

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Incidentals Matter: Antitrust Class Action Filed Against NCAA

My thanks to Penn State/Dickinson Law School 2L Bobbi-Sue Doyle-Hazard and Attorney Chris Callanan for alerting me of the media coverage concerning an important federal antitrust lawsuit filed last Friday in the U.S. District Court for the Central District of California. The complaint was filed by several former Division I-A athletes who represent a class of thousands of...

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Engendering Change in the Olympics

I admit it. I watched Olympic Ice Dancing. Perhaps this makes me less of a man, but there are two things working in my favor. One, I watched it with my wife. Two, I like Tanith Belbin. As I watched it, though, I couldn't help but thinking -- are we far off from seeing a male couple out on the ice?The Olympics, like most sports, are divided by gender. And often they are divided according to traditional gender roles and stereotypes. Ice Dancing is one man and one woman. Synchronized swimming is female-only. Ski jumping is restricted to men. Softball...

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Mental Illness and Leadership Positions

Benedict Carey of the New York Times has a fascinating piece on the apparent prevalence of mental illness among U.S. presidents. (Carey, "West Wing Blues: It's Lonely at the Top," N.Y. Times, 2/14/2006). According to a new study by the Duke University Department of Psychiatry, almost half of American presidents from 1789 to 1974 suffered from a mental illness at some point in life, and more than half of those presidents struggled with their symptoms — most often depression — while in office. According to the study, their illness was typically evidenced...

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Stadium Security: Necessary or Invasive?

Chris Graham of the Augusta Free Press has an extensive piece on the legal implications of new techniques in stadium security. The article also addresses a recent preliminary injunction imposed by a state judge in Florida prohibiting officials at Raymond James Stadium -- home of the Tampa Bay Buccaneers -- from conducting searches (the case is now being heard in federal court)....

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Wouldn't You Have to Be Drunk to Wear This?

Now that Mike has convinced me never to buy food at a fast-food joint (2/18) or ballgame (2/11) again, perhaps something a bit more irreverent is in store. As it turns out, you can be "drunk as a stump," but you shouldn't drink when you're a tree: The Stanford Tree has been felled for bad behavior.Fifth-year senior Erin Lashnits, who dressed as the rowdy mascot for the university's...

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Hold the Blood, Please: More Concerns for Food Security

We all complain that food at ballgames costs too much. A fairly disgusting hot dog can run up to seven bucks, and clearly-microwaved nachos can cost three or four dollars. So some of us try to get around those prices by bringing in our own food.We now learn that there might be another good reason to do so, at least if we assume that what I call "food security" is of similarly low-levels at ballparks and fast food restaurants:A woman who said she found blood smeared inside her bag of french fries is suing McDonald's Corp. for at least $10,000. Lora...

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Jim O'Brien v. Ohio State University: Materiality, Honesty & Breach of Contract

Doug Lederman of Inside Higher Education explores Judge Joseph T. Clark's holding in O'Brien v. Ohio State University (Ohio Court of Claims, 2006). (Lederman, "Court Win a Rule Breaker," Inside Higher Education, 2/16/2006). The case concerns a breach of contract claim: O'Brien alleges that Ohio State breached his employment contract by firing him after learning of O'Brien's past NCAA recruiting violations. Specifically, back in 1998, O'Brien gave (or, in his words, "loaned") $6,000 to Alex Radojevic, a 21-year old, 7'3 center from Serbia and Montenegro,...

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Renegotiation of NFL Contracts: Comparing Chad Pennington and Terrell Owens

Rick Karcher brings up a good point about the Jets efforts to renegotiate Chad Pennington's contract:When I read this story, I couldn't help but think about the irony between the Jets-Pennington situation and the Eagles-Owens situation, which really highlights the impact of non-guaranteed contracts in the NFL. Rick is right. And think about: while Terrell Owens was widely lambasted as greedy and selfish when he sought to renegotiate his contract last year-- "If he is so unhappy with this contract then why did he sign it?", the Jets are somehow...

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David Stern on the Age Limit

I really like Bill Simmons. His story is the dream of many bloggers -- start a website doing something you love, then get hired by a major company to do that same thing (only for a paycheck!). And now, in addition to columns on sports movies and gambling, he has begun doing some very interesting interviews. This week, he has one with David Stern. The chat covers a wide range of topics, including conspiracy theories ("the frozen envelope") and the WNBA ("It's probably the last and best shot for a successful women's professional sports league.").But...

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From the Land of Mike Dukakis to the Land of Trent Lott . . .

If you are in Massachusetts or Mississippi (my two favorite states!), you are in luck tomorrow, as there are two excellent events open to the general public:1) At Harvard Law School, former Yankees pitcher Jim Bouton will present on the topic of "Saving Our National Pastime: Baseball, Labor and the Politics of Stadium Construction." The event is being hosted by the Labor and Worklife Program at Harvard Law School, and will take place from 4:00 to 6:00 p.m. in Langdell Hall North. Last fall, Bouton published Foul Ball: My Life and Hard Times to...

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Michelle Kwan and the Risks of Marketing Olympians

Darren Rovell of ESPN has an engaging feature on how Coca-Cola and Visa have largely centered their Olympic advertising campaigns around figure skater Michelle Kwan, who withdrew from the Olympics a few days ago. (Rovell, "There Will be Some Awkward Moments for Coke, Visa," ESPN.com, 2/13/2006). Coca-Cola is especially affected by her decision, as aside from featuring her in several television advertisements (which will still be run in prominent time slots), Kwan's image is all over Coca-Cola's in-store promotions. Rovell describes the risk of...

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Jury Sides with Angels in Name-Change Dispute

A jury has decided that the Angels did not violate their lease agreement with the city of Anaheim when they adopted the moniker "Los Angeles Angels of Anaheim." The deliberations seemed to turn on the meaning of the five-word requirement in the contract that the team name "include the name Anaheim therein." The nine jurors that voted in the team's favor said the language is clear on its face and not violated by the team's actions. A few jurors said that if the city wanted to ensure that Anaheim was the only locale in the team name, the contract...

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Hold the Spit, Please: Food and Beverage Security at Sporting Events

Ever go to a ballgame and buy a beverage, and then watch the server pour your drink while his/her back is turned? You probably don't have much to worry about--it's unlikely the server would do anything malicious, especially since most people aren't crazy, and in the unlikely event that particular server might be crazy, he/she is in your plain view.But think about when you order something at a fast food restaurant, and particularly when you go through a drive-thru--and you have no idea what the server might be doing. Do you ever wonder what's going...

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Kenyon Martin: Putting His Criminal Justice Degree to Work?

In May 2000, Kenyon Martin graduated from the University of Cincinnati with a Bachelor of Science degree in criminal justice. A month later, he was selected by the New Jersey Nets as the number one overall pick in the 2000 NBA Draft. According to the website for the University's Department of Criminal Justice, Martin studied the following while advancing in his degree program:...

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Defending the NBA Dress Code

I have been an outspoken critic of the new NBA Dress code, and will even be publishing a law review article on it (and a few other issues). But I'd like to post an well-reasoned opposing view. My good friend Lindsey McDaniel is a high school basketball coach in Georgia, and here is his take:The new NBA dress code was needed yesterday. We have gone from the images of a well-dressed Michael Jordan in his Armani suits to the images of guys who have slaughtered the "moral dress code." Players such as Allen Iverson with his "Do-rags" and baggy clothes...

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Low Fat Fiction

I was a little surprised (and even pleased I must admit) to read in the New York Times yesterday that researchers have determined that there are no health benefits from eating a low fat diet. That's right, folks. It's all bullshit.   I'm going to eat what I want and quit worrying about this shit. I'll eat less to lose weight, but I'm not going to waste my time fretting over a hamburger clogging my arteries.  ...

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NBA Dress Code Discussion Continues

Trey Popp of the Philadelphia City Beat has a story on the recent symposium at the University of Pennsylvania School of Law on the NBA and its collective-bargaining with NBA players. (Popp, "Dress Blues," Philadelphia City Beat, Feb. 2-8, 2006).I am pleased that at least one person thought that I was well-dressed at the syompsium:A pair of well-dressed, high-profile lawyers came to Philadelphia to take Iverson's argument a step further at a Penn symposium on sports law. Michael McCann, an assistant professor at the Mississippi College School of...

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When Sports and Law Don't Mix -- Judge Apologizes for Super Bowl Cheer

Prior to sentencing the defendant in a manslaughter case last week, a Washington state court judge decided to show her support for the home team:As Judge Beverly G. Grant took the bench Friday, she asked everyone in court to say "Go Seahawks." Dissatisfied with the low volume of the response, she told them to try again.Only then did she hear statements from prosecutors, defense lawyers and relatives of the slain Tino Patricelli, as well as an apology from defendant Steve Keo Teang, before resentencing Teang to 13 1/2 years in prison.(AP). Apparently,...

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Essay on Legality of NBA and NFL Age Limits in Case Western Reserve Law Review

Boston sports agent (and Boston College Law adjunct professor of sports and entertainment law) Joe Rosen and I have just posted on the Social Science Research Network our essay Legality of Age Restrictions in the NBA and the NFL, 56 Case Western Reserve Law Review __ (forthcoming, 2006). At the conclusion of the essay is a transcript of our panel discussion from last fall's...

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Not being Randy Livingston: The Jonathan Bender Story

At the young age of 25, Indiana Pacers forward Jonathan Bender has decided to retire from NBA due to chronic knee problems. Bender has suffered knee problems since before entering the NBA out of high school in 1999 (he selected 5th overall in the 1999 NBA Draft). It is thought that his knee problems stem a growth spurt while he was a teenager, as it moved his knee out of...

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Thanks To Our Guests

We would like to take a moment to thank all of our guest bloggers. Over the past three months, we have featured authors who represent a range of backgrounds and professions. The blog has certainly benefited from all of the well-written posts and innovative topics. We appreciate all of the time and effort contributed by the guests.It's back to just the two of us for the time being, but more guests will be appearing soon.And, as always, a big thank you to everyone for reading and commenting. The conversations in the comments are often insightful...

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Tip of the E-Iceberg?

The New York Times is reporting that America Online and Yahoo will begin giving preferential treatment to the email messages of companies that pay 1/4 cent per message sent. (Hansell, "Postage Is Due for Companies Sending E-Mail," NY Times, 02/05/06). The preferential treatment includes being delivered straight to the recipient's Inbox, without having to pass through the gauntlet of spam filters that often divert legitimate messages.The Internet was founded on a neutrality principle -- every packet of data treated identically and able to be read...

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Super Bowl Thoughts

I thought this year's Super Bowl was an average game overall, with a few big moments. But can someone tell me what was going on with Seattle's play-calling at the end of the halves? They had two weeks to prepare -- was that not enough to practice a hurry up offense? Perhaps they were too busy posing with the Super Bowl trophy and practicing saying "I'm going to Disney World!"My vote for best commercial -- the guys in the apartment worshiping the "Magic Fridge." The worst? Jay Mohr as the agent for Diet Pepsi.UPDATE: You can watch all of the commercials...

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Super Bowl XL and Stadium Security

With about 24 hours to go before Super Bowl XL, let's briefly consider a topic that probably won't generate much fanfare: stadium security, and how well American pro sports leagues have ensured fan safety.This topic comes to mind after reading how earlier this morning, 73 Filipinos were trampled to death in a Manila stadium, as thousands were trying to enter a popular TV show where prizes are awarded to audience members. Most of those trampled were elderly women. It is unclear why the stampede started. One report, now apparently dismissed, is that...

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Reciprocal Bootlegging???

Damon Jones, back up point guard for the Cleveland Cavaliers, signed a sneaker deal with China's largest sportswear manufacturer. The shoes will only be available for purchase in China.First, let me say that Damon Jones obviously has the best agent in all of sports. Jones is a marginal player who made a ton of three pointers last night strictly because he was playing on the perimeter while Shaquille O'neal drew Jones' defender inside and the rotation concentrated on Dwyane Wade. His agent parlayed that performance into several summer appearances...

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113 Points

Adrian Wojnarowski has an excellent column on the absurdity, and bad sportsmanship, of allowing a high school player to score 113 points on a clearly inferior team. As he points out, the reason given for allowing the outburst -- that the player was "bored," is ridiculous and exactly the opposite of what high school coaches should be teaching."We play the schedule we're dealt and some of those teams are weak," Bergtraum High School coach Ed Grezinsky told the New York Post. "But I didn't think I should punish Epiphanny for that."Punish her?It isn't...

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Players Unions Need to Fix the Agent Business

In the Sports Law Blog comments this week, Anonymous mentioned the temporary restraining order that IMG received this week to prevent a former IMG employee from soliciting IMG clients to leave the agency for his newly-formed sports marketing business. Two days ago, I posted a story about the NFLPA's pursuit of agent David Dunn for violating agent regulations that involved similar behavior. Next month, I will be participating in a symposium at Willamette University College of Law with other distinguished sports law experts (including Michael McCann!)....

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Teacher Violates First Amendment Rights of Young Broncos Fan

Good morning. My thanks to Mike McCann and this week’s primary guest blogger, my friend and colleague Andre Smith for allowing me to participate in the discussion. I have been thinking for a while about blogging as a medium and as a scholarly exercise and about whether or not to take the plunge. I can think of this as my tryout, my September Cup of Coffee in the Show.Finding an initial topic was easy when this story broke. Ridiculed Over Broncos Jersey. Joshua Vannoy, a student at Big Beaver Falls Area Senior High School (in Pennsylvania, outside...

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All Tyranny is Local

Tip O'Neill famously quipped that all politics was local. I would paraphrase that by saying that all tyranny is local. Here are a few examples.   -Columbia Mayor Bob Coble said that he'd like to install surveillance cameras on the streets of Columbia to keep an eye on people. I read this at TheState.com this morning.   -Kershaw County Councilman had a long op-ed in the C-I defending the council's control of sewer projects in the county from nefarious capitalists like Palmetto Utilities. Here's a juicy quote:   Owners and presidents...

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Three Eyed Fish in the St. Louis Cardinals' Parking Lot???

The AP reports that Greenwich Insurance Co. is suing the St. Louis Cardinals in an attempt to rescind their contract relating to the construction of new Busch Stadium (is that still the name?). The Cardinals say they had to spend $14million cleaning up petroleum and other landfill type stuff from the site of what is now a bus parking lot, and that Greenwich should reimburse them. Greenwich claims that the Cardinals misrepresented their lack of knowledge as to the existence of the waste when they applied for the insurance. All of that is fine, but...

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Patrick Dennehy's Old Coach Gets New Job

The Dakota Wizards of the CBA just hired former Baylor coach David Bliss. Bliss you might recall was fired from Baylor after it was discovered that during the investigation of Patrick Dennehy's murder at the hands of another player Bliss encouraged his students to tell investigators that Patrick Dennehy was a drug dealer.How does this man get another coaching job? I guess I'm thankful it's not in academia. And why is L'il Kim in jail, but Bliss was never prosecut...

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SuperBowl Players Stuck Up in Michigan For $200K

The state of Michigan and city of Detroit, both of whom are in desperate need for revenue, are taxing the participants in this Sunday's SuperBowl. Because they work in the state on that day, the players have sufficient contact with the state and are thus subject to income taxes. Additionally, they increase the rate for nonresident athletes, the "jock tax".They are neither the first nor the only. The word is, California first imposed this type of tax in the early 90s, targeting the Chicago Bulls. Illinois reciprocated in an attempt not to raise...

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Duke Law School Symposium on Age Restrictions in Professional Sports

I will be speaking at Duke Law School tomorrow (Thursday, February 2) from 12:15 PM to 1:15 PM. Here is the official symposium description:Age Restrictions in Professional Sports: From Maurice Clarret to LeBron James Thursday, February 2, 2006. Time: 12:15 p.m. - 1:15 p.m. - Location: Room 3041. Panel discussion of legal issues associated with age restrictions in...

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