Saturday, March 31, 2007

Another Instance of Point Shaving?

One benefit to professional athletes making substantial money is that the threat of players throwing games or shaving points at the behest of gamblers is diminished (even if not eliminated, see Rose, Pete). Gambling was a genuine threat to the integrity of professional sports in the early days of professional sport, particularly baseball, as Dean Roger Abrams describes in a forthcoming book called Dark Side of the Diamond.But the risk remains in college sports, where players' genuine financial need, combined with access to gambling and gamblers,...

Friday, March 30, 2007

the disappearance of the Activist Athlete

Where have the Activist Athletes gone? In the 1960s and 1970s, Kareem Abdul Jabbar, Bill Walton and Muhammed Ali (amongst many others) advocated, even agitated for political change. A few days ago, Professor Wasserman suggested in connection with HBO's "The UCLA Dynasty" that the Activist Athlete has waned in recent years, due in part to college athletes being less politically...

Race Attributions and Georgetown University Basketball

Earlier this afternoon, Jon Hanson and I posted on The Situationist a piece entitled Race Attributions and Georgetown University Basketball. Our piece is inspired by Sean Gregory's new article in Time Magazine on the sociological role of race in how fans regard the Hoyas.Using social psychology, Jon and I examine why so many doubted how well the Hoyas would be able to implement...

Quotations 3

Just because you do not take an interest in politics doesn't mean politics won't take an interest in you.PERICLESGovernment is the great fiction, through which everybody endeavors to live at the expense of everybody else.FREDERIC BASTIATTaxation of earnings from labor is on a par with forced labor. Seizing the results of someone's labor is equivalent to seizing hours from him and directing him to carry on various activities.ROBERT NOZICKGermans who wish to use firearms should join the SS or the SA – ordinary citizens don't need guns, as their having...

Artistic Interlude 7

SORAYAMA, Mekanik F...

DVD-The Prestige

Hugh Jackman and Christian Bale each play competing magicians in the Victorian era trying to figure out each other's tricks while sabotaging the other. The movie has a surprise ending which I won't give away here, but it makes it worth watching.This flick suffers from a certain degree of bad editing. It gets confusing, and the story is lost. I don't know what happened, but a better editing job would have found a much better flick here. Expect to be confused here and there.The Prestige is not great, but it is decent. Watch it if you can't find anything...

Thursday, March 29, 2007

Rethinking Contact Between NBA Executives and Parents of College Players

Last week, I blogged about the NBA fining the Boston Celtics because their executive director of basketball operations, Danny Ainge, sat next to the mother of University of Texas star Kevin Durant during a recent game. Durant will likely be the second player selected in this year's NBA draft, after Greg Oden, and the Celtics currently have the second worst record in the...

Wednesday, March 28, 2007

FSU College of Law Entertainment, Arts, and Sports Industry Breakfast

The Entertainment, Arts & Sports Law Society of Florida State University College of Law will be hosting the Entertainment, Arts, and Sports Industry Breakfast this Saturday, March 31, at 8:30 a.m.I am honored to be one of the speakers at the breakfast, which will also include former Auburn head football coach and current ABC Sports broadcaster Terry Bowden, among other...

Tuesday, March 27, 2007

The Best Legal Advice You Will Ever Get

PLEAD THE FIF...

March Madness and Groupism

Jon Hanson and I have a post up on The Situationist on what March Madness and, more generally, our team allegiances and group affiliations, might say about us and human behavior.We believe that the very same attributions that drive us toward caring so deeply about our schools and teams emerge in many other life contexts, some good, some not so good.We hope you check out our...

UCLA's Dynasty

Last night, I watched the HBO Sports documentary The UCLA Dynasty, which recaps (in a too-short 60 minutes) UCLA's run of 10 NCAA titles in 12 years under Coach John Wooden. Definitely worth a look when it re-airs (if you have not TiVoed it).The show does a great job showing how the program played against the backdrop of the social and political upheaval of the late 1960s and early 1970s on issues of civil rights and Viet Nam. And it shows how activist and politically involved many of the players (including star players such as Lew Alcindor and...

Monday, March 26, 2007

Food City 500

I've been a bit under the weather lately, but I still managed to catch some of Sunday's race. I wasn't pleased with Smoke losing his fuel pump after he led all those laps. I wasn't pleased with Kyle Busch winning the race. (Jeff Burton should have put his punk ass in the wall.) But I have to admit that Busch spoke for all the drivers when he said that the Car of Tomorrow sucks.I don't know what to make of the COT. But I think the drivers and crews will like it once they learn how to make the thing go fast. For NASCAR, it is about safety. Drivers...

Sunday, March 25, 2007

Issues in College Sports Lecture Series at the University of Memphis

The University of Memphis Sport and Leisure Commerce program is in the midst of hosting its 2nd Annual Issues in College Sports Lecture Series. The series features coaches, scouts, agents (including Jimmy Sexton), sports business professors, and sports law professors, among other distinguished guests. The series has been put together largely through the excellent work of...

Friday, March 23, 2007

New Sports Law Scholarship

New this week:M. Christine Holleman, Recent Development, Fantasy foot-ball: illegal gambling or legal game of skill?, 8 NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY 59 (2006)Aaron Levy, Note, A risky bet: the future of pay-to-play online fantasy sports, 39 CONNECTICUT LAW REVIEW 325 (2006)Paul D. Trumble, Comment, “Knickel” and dime issues: an unexplored loophole in New York’s genetic discrimination statute and the viability of genetic testing in the sports employment context, 70 ALBANY LAW REVIEW 771 (20...

Wednesday, March 21, 2007

Brooklyn Law Prof Takes on the NFL

Wendy Seltzer, a visiting assistant professor at the Brooklyn Law School, is embroiled in an intellectual property battle with the National Football League. Seltzer has been detailing her battle with the league over her posting of an NFL clip from Youtube on her own blog for a while. Yesterday, ars technica picked up the story, which has since been reported in the mainstream...

Hamish has a photo shoot

Dragged the old duffer out of the paddock today to take some photos and give Amy a ride (she is always asking to go for rides on Hamish and with him being up the road at Nick's parents, it barely happens). He was dusty as anything as per usual but happy to be taken out of his paddock and given a little extra attention, even though his current girlfriend had to be left behind....

Tuesday, March 20, 2007

NASCAR and the NHL

I'm not a big fan of NASCAR head honcho Brian France. That is because he sees dollar signs without a clue as to how NASCAR became the big time moneymaker that it currently is. This fool thinks the future of NASCAR lies with Mexicans, New Yorkers, the French, the Chinese, etc. What France needs to understand is that trees don't keep growing to the sky forever.The NHL did not learn this lesson, and now, they are paying for it. The hockey head honchos pushed hockey out of its Northern/Canadian fanbase into places like Los Angeles, Dallas, and Tampa....

Artistic Interlude 6

EDWARD HOPPER, Nightha...

DVD-Pirates of Silicon Valley

I've been meaning to get around to this one forever. Pirates of Silicon Valley is a made-for-TV movie about the rise of Steve Jobs of Apple and Bill Gates of Microsoft. It is a very intriguing film about two very important people whose stories are still being played out today.Basically, Steve Jobs is a creative but tyrannical genius who both cajoles and terrorizes his people into producing cutting edge products and technology. These traits would later end to his firing when people got tired of his shit. The guy is a real asshole. They say he has...

Monday, March 19, 2007

Close Encounters of The Stern Kind: Danny Ainge Fined

The NBA has fined the Boston Celtics $30,000 for general manager Danny Ainge unintentionally sitting next to the mother, step-father, and grandmother of University of Texas freshman Kevin Durant, who will likely be the second player selected in the 2007 NBA Draft, during the Big 12 tournament a couple of weeks ago. They were all seated five rows behind the Texas bench. NBA...

Quotations 2

The only thing I know about it [marriage] is that it's an institution, and you have to be committed to it. If that doesn't sound like a nuthouse, I don't know what does.GENE SIMMONSAll men are frauds. The only difference between them is that some admit it. I myself deny it.H.L. MENCKENThe secret of happiness is freedom. The secret of freedom is courage.THUCYDIDESIt stands to reason that where there's sacrifice, there's someone collecting sacrificial offerings. Where there's service, there's someone being served. The man who speaks to you of sacrifice,...

This Shit is Too Damn Funny

Watch this:Then watch th...

Kobalt Tools 500

Jimmie Johnson passed Tony Stewart and went on to win the race in Atlanta yesterday. This sucked a massive dick.Juan Pablo Montoya got a top 5. I think the dude is getting it together, and I expect him to win a Cup race this season.Mark Martin will sit out Bristol which I think is dumb. But with the new format, he might still make the Chase. Hell, he might win it which would be a hell of an accomplishment. But he's still an idiot for doing this semi-retirement bullshit. For a man without a championship on his resume, I think the guy should reconsider.As...

Baseball and the Brain

Interesting David Brooks column in The Times today, talking about the way in which baseball players depend almost exclusively on the unconscious brain to play the game and how baseball has developed drills to reinforce those unconscious respons...

New Sports Law Scholarship

New this week:Glenn George, Playing cowboys and Indians, 6 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 90 (2006)John A. Gray, Sports agent’s liability after SPARTA?, 6 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 141 (2006)Jonathan Jenkins, Note, A need for heightened scrutiny: aligning the NCAA transfer rule with its rationales, 9 VANDERBILT JOURNAL OF ENTERTAINMENT & TECHNOLOGY LAW 439 (2006)Peter Kreher, Antitrust theory, college sports, and interleague rulemaking: a new critique of the NCAA’s amateurism rules. 6 VIRGINIA SPORTS...

Sunday, March 18, 2007

Artistic Interlude 5

MANET, Olym...

Saturday, March 17, 2007

RIP, Commissioner Bowie Kuhn

I should have posted on this yesterday, but I came late to the New York Times obit of former Commissioner of Major League Baseball Bowie Kuhn, who died Thursday at age 80.Kuhn's name is familiar to most law students because he was the named respondent in Flood v. Kuhn, the 1971 case in which the United States Supreme Court rejected former player Curt Flood's challenge to the Reserve System, holding (actually, reaffirming an 80-year-old holding that the Court thought was wrong) that Major League Baseball was not subject to federal antitrust laws....

Random Thoughts on Various Subjects 14

1. I got into a debate about ethanol this week with Big T. I told him that ethanol required more energy to make than what you got out of the ethanol. This is disputed by the USDA, a government agency. Nevertheless, ethanol is a waste of money and would consume resources and cause more environmental harm than is currently used in fossil fuel production. This is not in dispute. And how does this shit come about? Government subsidies.You can read about it here and here.2. Sub-prime mortgage lenders took a hit this week which caused jitters on the...

Wednesday, March 14, 2007

On the Limits of Analogies Between Baseball and the Law

I love baseball. And I love law. And I like judges and lawyers who share those twin passions. But the repetitive analogies between umpiring and judging are getting old and inaccurate very quickly.The latest comes from Justice Samuel Alito (UNRELATED ASIDE: When Alito was a judge on the United States Court of Appeals for the Third Circuit and I was a law clerk for a judge on that court, Alito swore my co-clerks and me onto the bar). Anyway, Justice Alito was in St. Petersburg, recently to throw out the first pitch at a Devil Rays-Phillies game...

Hiring a Union Executive Director 101

In my post last Friday, I discussed the latest developments in the ongoing battle between the NHLPA and its executive director Ted Saskin. On Sunday evening, the 30 player representatives voted to put Saskin and senior director Ken Kim on paid leave, and to hire an outside lawyer to investigate whether they were reading private player emails. All indications lead to the conclusion that the union will be searching for new leadership. As stated in a comment to my post, maybe the players will now have an ample opportunity to deliberate about who...

Monday, March 12, 2007

New Sports Law Scholarship

New this week:Lindsay C. Ferguson, Comment, Whistle blowing is not just for gym class: looking into the past. present, and future of Title IX, 39 TEXAS TECH LAW REVIEW 167 (2006)Jodi A. Janecek, Comment, Hunter v. hunter: the case for discriminatory nonresident hunting regulations, 90 MARQUETTE LAW REVIEW 355 (20...

Sunday, March 11, 2007

Update on White v. NCAA

Robin Acton and Richard Gazarik of the Pittsburgh Tribune-Review have an interesting article on a class action lawsuit filed on behalf of over 20,000 current and former Division 1-A football and major Division 1 basketball players from 144 schools against the NCAA ("NCAA: United Steel Worker Union is trying to Make Athletes 'Paid Employees,' 3/11/2006). In White v. NCAA,...

Artistic Interlude 4

SORAYAMA, Betty with Ti...

Quotations

When you really think about it, I'm not delusional enough to think that what I do is important to life as we know it on this planet. No. But neither is what you do.GENE SIMMONSWar has all the characteristics of socialism most conservatives hate: Centralized power, state planning, false rationalism, restricted liberties, foolish optimism about intended results, and blindness to unintended secondary results.JOSEPH SOBRANLiberty means responsibility. That is why most men dread it.GEORGE BERNARD SHAWCollectivism doesn't work because it's based on a...

Saturday, March 10, 2007

Musical Interlude 18

...

Random Thoughts on Various Subjects 13

1. The IDIOT OF THE WEEK award goes to USC quarterback Stephen Garcia for keying a prof's car and other shitheadedness. This guy is turning out to be a real piece of shit, and I have to wonder what is going on in Coach Spurrier's head. At some point as a college or professional football coach, you have to deal with these headcases who combine both talent and stupidity. I don't know what Garcia's future will be, but he needs to get his shit together.2. I have a bunch of bitemarks in my ass from the ultrarunning crowd, but I stand by my criticisms....

Artistic Interlude 3

MONET, Impression: Sunr...

Reader Mail

I accumulate reader e-letters in my inbox, and I thought it would be a shame to let that writing go to waste. OTOH, I don't want to embarrass anyone either. With that said, I'm going to post these letters without identities in a regular feature called Reader Mail.I've gotten a lot of flak from ultrarunners this week for my review of Running on the Sun. Enjoy.* * *Sir, I read your rant concerning ultramarathoners. . .. . .I'm sorry that we don’t live up to your standards as athletes, but rest assured that Scott Jurek’s 24 hour finish at Badwaters,...

Ambiguous Terminology

The philosopher Aristotle said that women were without virtue. This is because virtue is essentially reason, and women lacked rationality because of their passionate natures. Since virtue is an essential component of happiness, it is impossible for women to be happy. They string misery wherever they go. You can never trust a woman because their words are filled with ambiguity and mean whatever they want them to mean.The first ambiguous term women like to toss around is the word "friend." EXAMPLES:"Can we be friends?""Oh, he's just a friend.""I...

Friday, March 9, 2007

Videos - Finn and Liath

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Interesting Developments in NHLPA Investigation

In January, I did a post regarding the approval of an independent investigation into the hiring of current NHLPA executive director, Ted Saskin. There have been a couple of interesting developments since then.First, about three weeks ago, Liz Mullen of Sports Business Journal reported that there are 9 side letter agreements entered between the NHL and the NHLPA in conjunction with the 2005 CBA that have been kept secret from the players (NHL says players' union should keep side deals secret, 2/19/07). These side letters add to or elaborate on...

Thursday, March 8, 2007

One-Sport Only

Alfred Yen posts on Concurring Opinions about a case in Massachusetts in which a high school freshman violated the state's rule that students can play only one sport per season by playing on both the hockey and swim teams. The student was declared ineligible for the season (in both sports) and the school forfeited all the games in which she played.Professor Yen raises two issues on this: 1) The seeming harshness of the penalty (it is the same penalty as if the student had accepted money for playing) and 2) The questionable wisdom of the rule. ...

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