New Sports Law Scholarship

New this week:Elisa M. Butler, Civil rights--no hitting back: schools have to play by the Title IX rules, 7 WYOMING LAW REVIEW 577 (2007)Susan K. Menge, Should players have to pass to play?: a legal analysis of implementing genetic testing in the National Basketball Association, 17 MARQUETTE SPORTS LAW REVIEW 459 (2007)Barbara Osborne, “No drinking, no drugs, no lesbians”: sexual orientation discrimination in intercollegiate athletics, 17 MARQUETTE SPORTS LAW REVIEW 481 (2007)Anthony S. Marinac, Dworkin on the half-forward flank: the jurisprudence...

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Hancock Lawsuit Voluntarily Dismissed

The family of deceased St. Louis Cardinals pitcher Josh Hancock has voluntarily dismissed without prejudice the wrongful-death lawsuit arising out of Hancock's drunk-driving death in April. I previously wrote about the lawsuit when it was filed.The family dropped the case just prior to a scheduled hearing on the defendants' motions to dismiss and/or to make more definite the claims. The family did not explain its decision to drop the case. The dismissal is without prejudice, meaning the family could reinstitute the action in the future.Monday...

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Disparate Treatment at the Soccer Field?

I first want to thank those at Sports Law Blog for giving me the opportunity to host for the next week or so. Hopefully, the topics, views and analyses expressed will contribute to the discussions in the fast-changing and fascinating field.Last week, Newsweek published a special issue titled "Islam in America." devoted to the many facets and issues involving Moslems living in the United States. One of the articles, "Moslems and Soccer" caught my eye as it dealt with disciplinary actions late last year involving a high school soccer team of Yemeni-Americans,...

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Morals Clauses and Michael Vick's Endorsement Contracts

Last Friday, Nike announced that it was suspending Michael Vick's endorsement contract, effective immediately, while Reebok, the NFL's official uniform supplier, and Donruss, a leading trading card company, both announced that they would no longer sell Vick-related items. As reported by Brent Hunsberger in The Oregonian, Nike's decision reflects a marked change in position...

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Kevin Garnett to Boston Celtics

A month ago, I wrote about Kevin Garnett using an opt-out clause in his contract as a de facto no trade clause. His goal was to discourage the Boston Celtics--the NBA's second worst team last season--from trading for him. His strategy worked, as the Celtics turned to other trade options.But since that time, both the Celtics' situation and Garnett's situation have changed...

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Unashamedly Misogynistic

I've been vacillating over the love/woman thing for the past two months, and I think it is time I came down on one side of this fence I've been straddling. I hate women, and I don't feel guilty about it whatsoever.Basically, there are two types of women. The first type are the sluts. These are your bad women who cheat on you, take your money, etc. You want to avoid these women like the plague.The second type of women are your shitheads who are not sluts but throw themselves at dirtbag men who cheat on them, rob from them, beat them, and get drunk...

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Charlie's Marriage Advice

FOR THE LADIESYou want to marry as often as you can. Find a man with some money and date him for about three months. Then, throw an ultimatum on his ass. Pull that sucker in and lock him down. After you are married, tell him he needs to work more and make that paper. While he is working, you can be screwing around with other guys and setting up Sucker Number Two. Then, divorce Sucker Number One and take half of his shit you didn't spend during the marriage. Repeat until you turn 40 and your breasts start to sag. When that happens, stay with that...

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On Vick, Bryant, Bonds, and Rasmussen: Athletes (Allegedly) Behaving Badly

Michael Dorf at Dorf on Law is looking for explanations for the differential treatment of athletes accused of wrongdoing. This is true of sport-related misconduct (why was Tour de France leader Rasmussen kicked off his team and the Tour, while Barry Bonds will break baseball's most-hallowed record sometime next week) or off-field (why has Vick been suspended when Kobe Bryant was not). He asks for a "principle that rationalizes the treatment of these athletes," with the caveat that "different people, different organizations" does not work as an...

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Random Thoughts on Various Subjects

1. LINDSAY LOHANCoke in your pocket? What a stupid bitch. Serious jail time for this chick.2. A FEW GOOD MENA friend of mine lamented this week that there were no good men. It staggered me. I define a good man as a guy who doesn't do drugs, has a job, and can remain faithful to one woman. I know a bunch of guys like this including myself. The reason it is hard to find a good man is because good men WORK. They don't hang around with nothing to do like the losers these women end up with.3. BRICKYARDI would really love to see Tony win another race...

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Judge Denies AP Access to Names of Players in Search Warrant Affidavit

Does the public have a "right" to the names of players who were blacked out by federal prosecutors in a search warrant affidavit? We debated this issue at length on the blog last month here. Yesterday, U.S. Magistrate Edward C. Voss rejected a request by The Associated Press to reveal names blacked out in a sworn statement by IRS special agent Jeff Novitzky, which was used to support a warrant to search the home of former major league pitcher Jason Grimsley. The AP argued that the public has a right to access the entire affidavit. However,...

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Hamish coming to say Gday!

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Early Signs of Congressional Dissatisfaction with David Stern's Response to Scandal

U.S. Congressman Bobby Rush (Democrat-Illinois), who is chairman of the House Subcommittee on Commerce, Trade, and Consumer Protection, has formally requested that NBA commissioner David Stern meet with him to discuss how the NBA manages its operations, particularly in the context of the Tim Donaghy betting scandal. Perhaps based on whether Stern agrees to meet with him and...

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Special Affinity Between Baseball and Law

A friend e-mailed me the following question and I thought I would pass it along to our readership for further discussion and comment:What is the special affinity between baseball and law?I long have believed (although I have no empirical support for this) that baseball is the most popular sport among lawyers (and especially law professors). Baseball seems like the most legalistic of sports; it is rule-bound and tradition-bound, just like law.So what is going on here? What are some good explanations for th...

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NFL Contract Negotiation Seminar

On September 14, Michael Huyghue, CEO of Axcess Sports & Entertainment, will be holding an all-day NFL contract negotiation seminar at Florida Coastal School of Law in Jacksonville, Florida. The seminar is titled, "An Insider's Guide to Negotiating Professional Sports Contracts & Fiduciary Duties," and the topics to be covered include NFL salary cap comprehension, the NFL collective bargaining agreement, contract negotiation strategies and fiduciary duties. This is a unique nuts-and-bolts practical skills seminar for sports lawyers and...

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Is the NBA in Jeopardy?

The scandal involving NBA referee Tim Donaghy has certainly drawn considerable attention over the last week. In an excellent post here on our blog, Geoffrey examined whether there are persons who may be able to bring civil claims against Donaghy.But what about the bigger question of where the NBA is going in the wake of this scandal? With that in mind, ESPN's Henry Abbott...

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Can Roger Goodell Keep Michael Vick out of Training Camp?

NFL Commissioner Roger Goodell has told Michael Vick to not attend the Atlanta Falcons' training camp while the NFL reviews his indictment for allegedly participating in an interstate dog-fighting operation. Goodell cites the league's new personal conduct policy as supplying him with the authority to make such a demand.Does it?As Rick examined in April, the new policy offers...

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The Influence of Fox v. FCC on Sports Broadcasts

We are pleased to announce that Mark Conrad will be guest blogging in early August. Mark is an associate professor of legal and ethical studies at Fordham University’s Schools of Business, and has written extensively on sports law and business.Last week, he published an op-ed in the Sports Business Journal entitled "Court's Indecency Ruling a Relief to Sports Broadcasters."...

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Baseball Draft Bonuses Down This Year Despite Skyrocketing Revenues

In the June 25 - July 1 issue of Sports Business Journal (subscription only), Liz Mullen reports that the MLBPA is investigating complaints from agents that major league clubs are being threatened by MLB to negotiate "league-recommended" signing bonuses for this year’s amateur draft picks that are about 10 percent lower than last year’s bonuses ("Baseball union reviews complaints"). However, MLB executive VP Rob Manfred denied that clubs were being told that recommended amounts were mandatory and that clubs were being threatened with penalties...

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Mark Alesia Honored for Empirical Study of Intercollegiate Athletics Financing

Congratulations are in order for Indianapolis Star reporter Mark Alesia, who was honored this week by the Society of Professional Journalists with its 2006-07 Investigative Reporting Award for the empirical study (Part I, Part II) he conducted in April 2006 on the extent to which schools and the NCAA profit from star players, how university general funds and students contribute...

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Professor Darryl C. Wilson on Reaction to Michael Vick's Indictment

Stetson University College of Law Professor Darryl C. Wilson, who co-authored a leading sports law case book (with Robert McCormick and Matthew McKinnon) and has been certified as an NFL contract advisor, responds to my comments and those of several readers on Michael Vick's indictment. Among other points, he questions why so many of us care about the indictment and the underlying behavior that Vick is alleged to have committed, while we do not appear concerned about many other, arguably worse forms of behavior that many of us are routinely...

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Making the NBA's Gambling Ref Pay

News broke this weekend of an ongoing FBI investigation into NBA referee Tim Donaghy. Donaghy, who seems to be a man of truly exemplary personal character, is accused of betting on NBA games (surely a violation of league rules), associating with low-level mobsters, and may have bet on games which he called as a referee. There are suggestions that he may have called games...

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The Legal Significance vs. Reputational Significance of an Indictment

ESPN columnist Mike Sando has an excellent column on how many have rushed to presume Michael Vick's guilt based on the indictment and its support documents, when there is a significant chance, based on the very demanding criminal conviction standard of "beyond a reasonable doubt" and on the fact that the government's evidence has not yet been studied or challenged, that Vick...

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Deuce McAllister's Business Empire

In a week dominated by news of Michael Vick's indictment, it's nice to read a positive story about an NFL player.In the Jackson Clarion-Ledger, Jack Mazurak has a feature article on New Orleans Saints running back Deuce McAllister, his successful business investments, and his goals to revitalize Jackson, Mississippi (the state's largest city and capital).A native of Mississippi...

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Fuck Celibacy

I can't handle celibacy. I'm fooling myself on this shit. I'm always going to want to get laid, and there's nothing I can do about it. I can't be celibate for the same reasons that the rest of the world can't be monogamous. I want to fuck.The problem for me is simply the fact that I hate the messiness of relationships, yet the best sex you are going to have will be in relationships. Drunken one night stands are great to brag about, but they are the worst sex you can have.I consider myself to be a serial monogamist. I like having a girlfriend even...

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Baseball Quiz: Off-field and On-field Rules

Two nice tidbits from Jim Caple's Off-Base this week. Both relate to sports law, understood as the law governing sports.First, Caple points out how San Diego's Chris Young manipulated the system in serving a 5-game suspension for throwing at the Cubs' Derrek Lee last month. Young pitched the Wednesday before the All-Star Game, then began his suspension with the next four games before the Break--games, Caple notes, in which Young almost certainly would not have pitched. Young then pitched in the All-Star Game, then sat out the team's first game...

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No Apologies

I've received a bit of criticism for being so hard on my ex. I admit that I am a bit nutty at times with it. But I'm not apologizing for it.I fell for this chick, and I fell hard in a relatively short period of time. I'll admit that she was the best thing that ever happened to me. I have no complaints about her whatsoever as a girlfriend.As a boyfriend, I am a piece of shit. I admit that. My only regret in the relationship is that I didn't kiss the ground she walked on and treated her for what she really was--the loveliest woman I have ever known....

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President Bush on Major League Baseball

ESPN's Karl Ravech snagged an interesting interview with President George W. Bush, who was managing general partner of the Texas Rangers from 1989 to 1994, during which time he turned an initial $800,000 investment into a $15,000,000 sale in 1994. As Howard discussed last December, Bush was a finalist for Baseball Commissioner in 1992, but the owners selected Bud Selig instead;...

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An Open Letter to My Ex-Girlfriend

Dear Miss Fickle Bitch,I never asked you out. You asked me out. I didn't come on to you. You came on to me. You were the one who started this thing.You judged me. You decried my cynicism on all things on love and marriage. Then, you told me you were falling in love with me. You told me to trust you. You told me you would never hurt me. Then, you waited until I was out of town, and you dropped me like a piece of trash. FUCK YOU. I am not garbage.You are the garbage. You are a lying piece of trash. You are a stupid worthless fickle bitch who didn't...

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