Update on David Stern and NBA Player Autonomy

An update on our coverage of David Stern and the NBA's recent efforts to regulate NBA player behavior (a subject which I examine here and here, and be sure to check out the excellent reader comments associated with those posts):1) I was interviewed by True Hoop's Henry Abbot on his podcast show and we talked about David Stern and the NBA. The interview lasts about a half hour and can be heard at this link. For a written description of the interview, check out this link. It was a lot of fun to be on the show and thanks to Henry for having me...

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David Dunn Accepts 18-Month Suspension

Two weeks ago, I raised some questions regarding the proper role of unions in disciplining agents and mentioned that agent David Dunn was appealing the NFLPA's 2-year suspension of his license. This week in Street & Smith's Sports Business Journal, Liz Mullen reports that Dunn and the NFLPA avoided arbitration and agreed to an 18-month suspension ["Dunn and NFLPA agree suspension will last 18 months" (subscription required)]. According to NFLPA general counsel Richard Berthelsen, “This suspension will take Dunn through two drafts and two...

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Loyola L.A. to Host Symposium on Collective Bargaining & Individual Contract Negotiation in Pro Sports

Loyola-LA's Sports Law Institute will host what looks to be an interesting symposium on January 26, 2007. The best part is that law students from any law school will be admitted free. Panels include "Q & A on entry into sports law," "Individual Contract Negotiation," and "Collective Bargaining." The symposium looks to have a good slate of speakers. Check out the full...

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NBA Player Autonomy: How Should We Define It?

On Tuesday, I posted on recent efforts by the NBA and Commissioner David Stern to regulate NBA players, and to do so without the consent of the players' association. I also discussed how some owners appear to be finding Stern's style a bit too autocratic, and how these topics tied into some of my scholarly research. The post generated great discussion in the comments and also...

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Mimicking Japan and Cuba? Hugo Chávez to Restrict Access to Venezuelan Baseball Players

Graham Dunbar of The London Times has an interesting article on Venezuelan President Hugo Chávez's plans to restrict Venezuelan baseball players who seek to play in the United States ("Game Over? Politics May Pitch Baseball into a Crisis," Nov. 25, 2006). Currently, Venezuelan players, like Dominican and other Latin (but not Cuban) and South American players, can be directly...

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Saturday Night at the Zoo

I went to Riverbanks Zoo last night with my friend Tiffany and company to look at the Christmas lights. Tiffany took some pictures with her camera phone, and I am posting them here. Enj...

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The Forbidden Fruit (or Cheeseburger): Deliberate Food Posioning of NFL Players?

Oakland Raiders' defensive tackle Warren Sapp probably eats a lot of food and probably eats it often. After-all, he weighs at least 300 pounds, and a good portion of his game is based on his ability to use his girth to flatten running backs.But while on road trips, Sapp won't eat at restaurants. And that's because he believes that his meals were purposefully poisoned on...

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Oakland Raiders Lose in Case Against Stadium

The Oakland Raiders, source of so many wonderful sagas of sports litigation (see here for another one), produced a new installment last week. The latest case concerns allegations that the team was duped into leaving Los Angeles based on mispresentations about season ticket sales made by the Oakland-Alameda County Coliseum (OACC). The Raiders initially won a multimillion dollar jury verdict, although the award was far less than the amount sought. And, as reported here, in a split opinion Friday, California's 3rd District Court of Appeal set aside...

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Another Agent Suing NFLPA Over Due Process

In September, I discussed Carl Poston's lawsuit against the NFLPA claiming that the union violated its agent regulations when it imposed a 2-year suspension as a result of his dealings with the Redskins on behalf of his client LaVar Arrington, including a breach of the union's contractual obligation to provide a "neutral" arbitrator in which to appeal the suspension (because the arbitrator is selected, and paid for, by the union). Poston also claims that it's a conflict of interest for (1) union counsel Jeffrey Kessler to use certain information...

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A Revolution Against David Stern and Creeping Orwellianism?

Dictatorships are never popular, at least in hindsight. They always seem to crumble as people tire of losing their freedom and being told what to do. Perhaps that is why Victor Hugo once said,"When dictatorship is a fact, revolution is a right."While events over the last week do not necessarily suggest a brewing "revolution" against NBA commissioner David Stern, they do indicate...

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McCain-Feingold and Shays-Meehan for College Sports? The NCAA's Hard and Soft Money

Last week, NCAA President Myles Brand wrote a 25-page letter to the House Ways and Means Committee arguing that the NCAA deserves its tax-exempt status. According to Brand, the NCAA is foremost about education. We've examined the validity of this claim on numerous occasions.Will Li e-mails some great commentary about Brand's letter. Will suggests that we might want to...

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New Sports Law Scholarship

New this week:Jonathan C. Benitah, Student article, Anti-scalping laws: should they be forgotten?, 6 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 55 (2005)Christian Dennie, Is Clarett correct? A glance at the purview of the antitrust labor exemption, 6 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 1 (2005)Bennett Liebman, Reversing the refs: an argument for limited review...

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Cubs Sign Alfonso Soriano for 8-Years, $136 Million: Does His Age Matter?

The Chicago Cubs have signed Alfonso Soriano to an 8-year, $136 million contract. The free agent outfielder had what many consider to be an excellent 2006 season, hitting 46 homers, 41 doubles, 95 RBIs, and stealing 41 bases. On the other hand, he batted an uninspiring .277, struck out 160 times, and his OPS of .911, while impressive, was only 13th in the National League....

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WSJ Law Blog on the Michigan-Ohio State Game

The WSJ Law Blog has an amusing post entitled, "Ohio State v. Michigan: The Legal Edition." I must say, here at the border of Michigan and Ohio, it's definitely the event of the month, and it's nice to know people are paying attention even in New York! Law Blogger Peter Lattman has provoked an email exchange and a friendly wager between the deans of Ohio State's and Michigan's...

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Judge Denies Russian Team's Request for Injunction in Malkin Suit

Here's my monthly update on the Malkin lawsuit. According to USA Today reporter Kevin Allen, in rejecting Metallurg's request for an injunction to prevent Evgeni Malkin from continuing to play for the Pittsburgh Penguins, U.S. District Court Judge Loretta Preska said that the Metallurg would not likely prevail on the merits because she believed that the NHL "would be able to demonstrate" that the league's transfer fee policy was collectively bargained with players, which makes it "immune" from antitrust scrutiny." HUH??? This is the first time...

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What's the Proper Role of Unions in Disciplining Agents?

Last January, I discussed the NFLPA's efforts to impose a 2-year suspension on sports agent David Dunn. The NFLPA's suspension was put on hold when Dunn filed for Chapter 11 bankruptcy protection, which automatically stays administrative actions against the debtor. Liz Mullen of Street & Smith's Sports Business Journal has an interesting piece in the Oct. 23-29 issue ("NFLPA's vote to suspend Dunn shows it will take on big agents"). Mullen reports that Dunn's bankruptcy proceeding was dismissed, and Dunn said that he will appeal the suspension...

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New Study Shows Public Financing of Stadiums Lowers Ticket Prices

A newly released study suggests that, at least the NFL context, public financing of stadiums leads to lower ticket prices. The paper, The Use of Public Funds for Private Benefit: An Examination of the Relationship between Public Stadium Funding and Ticket Prices in the National Football League, by Matthew Brown (South Carolina), Daniel Rascher (USF), and Wesley Ward (Ohio), can be downloaded free of charge from this site. Here's part of the paper's abstract:The purpose of this study was to examine the relationship between the use of public funds...

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Randy Moss and Dropped Passes: Stone Fingers or Workplace Unhappiness?

Oakland Raiders' wide receiver Randy Moss had an interesting explanation when asked why he has dropped so many passes this season:"Maybe because I'm unhappy, and I'm not too much excited about what's going on, so my concentration and focus level tends to go down when I'm in a bad mood. So all I can say is if you put me in a good situation and make me happy, man, you get good...

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NFL Wins Insurance Dispute Over Maurice Clarett Case

The legal bill associated with fighting off Maurice Clarett's challenge to the NFL's age restriction? Just eight hundred and fifty thousand dollars, according to a New York Appellate Division opinion released today in NFL v. Vigilant Insurance Company, 2006 WL 3290617 (N.Y.A.D. Nov. 14, 2006). Vigilant issued an "executive protection insurance policy," which providedthe NFL...

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New Sports Law Scholarship

New this week:Michael A. McCann, It’s not about the money: the role of preferences, cognitive biases, and heuristics among professional athletes, 71 BROOKLYN LAW REVIEW 1459 (20...

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Alabama Suing Sports Artist Over Crimson Tide Artwork (Update)

This Sunday’s New York Times included a nifty front page article on a pending lawsuit against Birmingham sports artist Daniel A. Moore filed by the University of Alabama. Our own Greg Skidmore covered this dispute back in April ’05 in this post. Moore has made what appears to be a pretty good living painting action shots of Alabama football games. His gallery’s web site is...

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Tony and the Chase

The recent success of Tony Stewart and his failure to make the Chase pretty much shows what such a contrived piece of crap NASCAR's playoff is. I preferred the old system but with a minor change--make victories count more. As it stands, Smoke is the best driver out there. This season will go down as one of his best, and the Cup champion will be largely overlooked. The Chase is a joke.  ...

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Blog Overhaul

I've made a few changes to the blog here. Most are minor, but the most noticeable one will be my changing the flag at the top to one without the confederate battle eblem. I did this because I was concerned that some readers might think I am a racist or a member of the KKK. I'm not either of these.   For me, the confederate battle emblem is a sign of regional affiliation. I am a southerner, and I feel no shame in this. I love where I am from. But with that said, I must also acknowledge that the emblem is also considered racist by both...

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Subscribe to Sports Law Blog through Google

You can now subscribe to Sports Law Blog through your personal Google homepage or Google Reader. Here is the link:If you add Sports Law Blog to your Google homepage, you can drag its content into your main Google page, or you can keep it under a separate tab. If you use Google Reader, you will need to create a free Google account.Thanks to Robby Forbes, Editor-in-Chief of...

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Larry Brown Settlement Terms: $18.5 million

Cablevision, the parent company of the New York Knicks, has disclosed the terms of its previously confidential settment with ex-coach Larry Brown. Brown, who had filed a claim for $53 million ($41 million due under the contract and an additional $12 million in damages), accepted an offer of $18.5 million. While this is less than half of what he claimed he was due, it is still a nice chunk of change for doing no work.You can read the entire 10Q at the SEC's EDGAR database here, although the only relevant paragraph is:On June 22, 2006, the New...

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Paper Release: Fantasy League Use of Players' Names and Stats

Last August, I discussed the ruling of the Eastern District of Missouri in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., which held that fantasy league operators do not violate the players' right of publicity by using their names and performance statistics without consent. I'm pleased to announce that my recently completed article entitled, The Use of Players’ Identities in Fantasy Sports Leagues: Developing Workable Standards for Right of Publicity Claims, will be published in the Winter Issue of Penn...

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Bidding for Matsuzaka Poses Interesting Legal Issues

Today at 5:00 p.m ET, the bidding rights to Japanese pitcher Daisuke Matsuzaka will end. At that time, MLB will inform the Seibu Lions of the winning bid — without identifying the team — and Seibu has until Nov. 14 to accept or reject the bid. The team with the winning bid will then have 30 days to negotiate a contract with Matsuzaka and his agent Scott Boras. If no deal is reached, Matsuzaka returns to Japan and the major league team will be refunded its posting fee, which is predicted to reach as high as $30 million. See Bob Nightengale, USA...

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The Origins of the List of Baseball Greats in Flood v. Kuhn

One of the oddest things about the Supreme Court case of Flood v. Kuhn, where the court reaffirmed baseball's antitrust exemption, is the following passage from Justice Blackmun's opinion:Then there are the many names, celebrated for one reason or another, that have sparked the diamond and its environs and that have provided tinder for recaptured thrills, for reminiscence...

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New Sports Law Scholarship

New this week is a collection of articles from last spring's Willamette Law Review symposium on "The Future of Sports Law":Michael A. McCann, Social psychology, calamities, and sports law, 42 WILLAMETTE LAW REVIEW 585 (2006)Jeffrey Standen, The beauty of bets: wagers as compen-sation for professional athletes, 42 WILLAMETTE LAW REVIEW 639 (2006)Jack F. Williams, The coming revenue revolution in sports, 42 WILLAMETTE LAW REVIEW 669 (2006)Chad Ford, Peace and hoops: basketball as a role player in sustainable peacebuilding, 42 WILLAMETTE LAW REVIEW...

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CBS Mostly Loses Case Against Former Broadcaster Brent Jones

Yesterday, Judge Chin of the U.S. District Court for the Southern District of New York issued an opinion dismissing the bulk of the CBS network’s claims against former football commentator and one-time 49er tight end Brent Jones. Jones walked away from CBS in the middle of week four of the 2005 NFL season, purportedly to spend more time with his family. The problem, in CBS’s...

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Drew Brees Wants No Part in his Mother's Political Campaign

New Orleans Saints quarterback Drew Brees has told Mina Brees, his mother and an Austin attorney, to stop using his picture in TV commercials while she runs as a Democrat for a spot on Texas' 3rd Court of Appeals that reviews civil and criminal cases. The commercial in question includes a picture of Drew Brees in a San Diego Chargers uniform (his former team) and notes Mina...

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