Did Eric Mangini Break an Unwritten Covenant Not to Compete?

Over on Madisonian.net, Boston College Law School professor Alfred Yen has an engaging examination on whether New York Jets head coach and former New England Patriots defensive coordinator Eric Mangini (who can't be too happy after his now 1-3 Jets lost to the 1-3 Buffalo Bills earlier today) breached an unwritten covenant among NFL assistant coaches that includes not divulging...

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Recap of Sonny Vaccaro's talk at the University of Maryland

Earlier this week, Sonny Vaccaro spoke at the Robert H. Smith School of Business on the University of Maryland’s College Park campus. Tim Lemke of the Washington Times has all of the details on his excellent blog, Tim Lemke's $ports Biz Blog.Here is an excerpt:* * *Vaccaro spoke for about 75 minutes before about 200 students of the Robert H. Smith School of Business at the...

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Hamish - Spring spruce up

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Reversing Field

The West Virginia University College of Law is proud to present "Reversing Field: Examining Commercialization, Labor and Race in 21st Century Sports Law." The two day symposium is next week, October 4-5, 2007. WVU Law has assembled a dynamic and diverse group of academics, practitioners and thinkers to debate the hard issues in sports law, including the commercialization...

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Banks v. NCAA Cert Pool Memo: Seventh Circuit "Dead Wrong"

Thanks to Northwestern Law Professor Lee Epstein's marvelous digital database of Cert Pool Memos from the Blackmun papers (covering the years 1986-1993), we can now explore a bit of what the Supreme Court was thinking when it denied cert in some famous sports law cases. (HT to Orin Kerr). One case that appears in many sports law casebooks is Banks v. NCAA, 977 F.2d 1081 (7th Cir.), cert. denied, 508 U.S. 908 (1992), in which Notre Dame fullback Braxston Banks challenged the NCAA's "no agent" and "no draft" eligibility rules as a violation of Section...

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My name is Stepney. Nigel Stepney.

The last months in the World of Formula 1 could have been taken out of a Bond flick. The "Circus" has been hit by what is arguably the greatest scandal in the world of motorsports, caused by the antics of two long-time servants of the sport, which in a way relate to Geoffrey's recent post on Sign-stealing, Trade Secrets, and Corporate Espionage. To cut a long story short (for...

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The Structure of Sports Government

Closely related to all things "legal relating to the sports world" is the political and governmental structures of the sports world. How do sports and leagues organize and structure themselves and what are the consequences of those structural decisions--on the field, in the clubhouse, and in the balance sheets? Obviously, the governmental and social structure affects the resulting political society; every choice reflects certain values and incentivizes certain behavior while de-emphasizing other values and behavior. That is true in sports.One example...

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The Language of the Isiah Thomas Trial

David Segal of the Washington Post has an excellent piece today on the Isiah Thomas sexual harassment trial ("Knicks Coach Isiah Thomas Takes Center Stage," Sept. 27, 2007; Page C01). I was interviewed by Segal for the story, which examines the nature and styles of language found in the trial.Here is an excerpt from Segal's piece:With Zen-like serenity and a choirboy's smile,...

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SI.com Column on Michael Vick's Failed Drug Test and New Criminal Charges Against Him

I have a new Sports Illustrated.com piece up: Michael Vick's Woes: Failed Drug Test, Indictment Lead to New Questions.Hope you have a chance to check it o...

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Marquette Sports Law Scholarship and Teaching Colloquium

I am pleased to be joining Rick Karcher and several current or former guests on our blog, including dre cummings, Gabe Feldman, Jeffrey Standen, and Tim Epstein in Milwaukee on Thursday at the 2007 Sports Law Scholarship and Teaching Colloquium, hosted by the National Sports Law Institute and Marquette University Law School.Matt Mitten and Paul Anderson, director and associate...

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Update on Sonny Vaccaro's East Coast Speaking Tour

A couple of notes on Sonny Vaccaro:At 6:30 p.m tonight, Sonny will deliver a lecture at the Robert H. Smith School of Business on the University of Maryland’s College Park campus. The event is open to the public. Here are some additional details: Sonny Vaccaro to Speak at University of Maryland Business SchoolSports marketing legend Sonny Vaccaro will speak at the University of Maryland’s Robert H. Smith School of Business on Sept. 26 at 6:30 p.m. Vaccaro — who is to be portrayed by Emmy-winner James Gandolfini of “Sopranos” fame in the ...

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New Sports Law Scholarship

New over the past few weeks:Roger I. Abrams, Blackmun’s list, 6 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 181 (2007)Hannah Gordon, In the replay booth: looking at appeals of arbitration decisions in sports through Miami Dolphins v. Williams, 12 HARVARD NEGOTIATION LAW REVIEW 503 (2007)Robert Forbes, Note, Call on the field reversed: how the NFL Players Association won big on salary forfeiture at the bargaining table, 6 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 333 (2007)S. Christopher Szczerban, Tackling instant replay: a proposal...

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Athletics Directors are Demanding an Answer to New York's Fishing Investigation of Illegal Kickbacks

Two months ago, it was splashed all over the front page headlines that the New York Attorney General's office had issued subpoenas and records requests to 41 Division I college athletic programs, questioning whether athletics personnel got kickbacks or promises of cash or other perks for steering students to a particular lender. Earlier this year, Florida-based student loan provider University Financial Services (UFS) was found to have offered kickbacks to the athletics director at Division II Dowling in New York. This prompted the NY AG's office...

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SI.com column on Isiah Thomas Sexual Harassment Lawsuit

I have a new Sports Illustrated.com column up: Breaking Down the Isiah Thomas Trial.In it, I examine issues relating to the parties settling and also possible sanctions of Thomas by the NBA, among other topics related to this litigation. I also interview Alan Milstein, who has litigated on behalf ofAllen Iverson, Maurice Clarett, and Eddy Curry, among other professional athletes,...

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Random Thoughts on Various Subjects 29

1. "DON'T TASE ME, BRO!!!"Hilarious video deleted.2. OJSomeone asked me if I thought he would get off these latest charges. All I can say is that it depends on how much money he has which is a sad commentary on our legal system. Poor people go to prison. Rich folks walk.3. SLACKING ON THE BLOGI've been neglecting the blog here for awhile because of work. But I am trying to get back into the blogging habit again. Plus, I've been doing the MySpace thing. As my cousin told me, if you spend more than five minutes on MySpace, you are wasting your life.4....

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Sealed Records in "Fighting Sioux" Case

At last, an issue in which all my varied interests converge over one sports-related controversy--a little bit of free speech, a little bit of civil procedure and civil litigation theory, and a little bit of political controversy.The court presiding over the University of North Dakota's lawsuit against the NCAA over UND's "Fighting Sioux" nickname has issued an order sealing all future documents filed in the case. The court explained the move as a way to encourage and facilitate settlement discussions. The court promised to rescind the order if...

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Debi - Baby on the way

Bless her heart, Debi is starting to look really rather matronly - Here she is today, baby on the lean, LOL! Finger's crossed we should have a new baby brother or sister for Miss Megan in the next few weeks. Yay! ...

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A Laughton's Legend mare AT LAST!

I am so excited! I have just bought a 16.3HH Laughtons Legend mare (ISH) and arranged for her to be transported straight to Mecca Lodge where Coalman's Touch (RID) stands! So, provided all goes well, I should have my very own 3/4 bred RID foal next year!!!!I also put Maude in with Reilly today and she came straight into season and was served so, all going well, we should have...

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Breeding season is underway

Debi is expanding at a rate of knots and uddering up so hopefully we will have a foal some time in the next few weeks. Twinkle has arrived and is a very pretty little addition to the breeding herd. She has buddied up with Meg and the two are inseparable. We have four confirmed bookings for mares to come to the boys, with the first mares arriving in the next couple of weeks. Exciting! (well for the boys at least!) And I have had a few phone and email enquiries now so we look to be headed for a busy season. I have finished my final teaching placement...

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Ohio State Loses O'Brien Appeal

The 10th District Court of Appeals in Ohio today affirmed a decision of the Ohio Court of Claims back in February, 2006 in favor of former Ohio State men's basketball coach Jim O'Brien. In the months following the Court of Claims ruling, a jury awarded O'Brien $2.2 million plus interest, which I discussed back in August of 2006 here. As a result of the Court of Appeals decision today, OSU must now pay O'Brien more than $2.4 million for his wrongful firing back in 2004. OSU has 45 days to appeal to the Ohio Supreme Court, which can elect not...

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Reactions to Sonny Vaccaro's Talk at Harvard Law School

Just passing along some great news coverage and on-site observations from Sonny Vaccaro's speech at Harvard Law School last night.First off, Rob Roberts, a first-year law student at Harvard Law School and perhaps our first Sports Law Blog reporter, checks in with a great piece of reporting:Sonny Vaccaro gave an excellent talk last night. Some highlights from the evening:- Watching him interact with people before his talk, I could absolutely see why so many kids in the basketball world looked up to and trusted him. Sonny seemed genuinely interested...

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Sonny Vaccaro to Speak at Harvard Law School and Yale Law School

Sonny Vaccaro, widely-regarded as the most influential person in amateur basketball and sometimes called "The Godfather of Basketball," will be speaking at Harvard Law School tonight at 7:00 p.m. and at Yale Law School at 2:00 p.m. on Friday. Next week I will blog about his upcoming talk at the Robert H. Smith School of Business on the University of Maryland’s College Park...

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SI.com column on The NFL's Retirement System

I have an SI.com column on the NFL's retirement system, how it determines and distributes pension and disability benefits, and how the federal government may compel the NFL and NFLPA to rectify what appear to be system defects. Earlier today, NFL commissioner Roger Goodell, NFLPA executive director Gene Upshaw, Hall of Fame player Mike Ditka and others testified before the...

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A Life Well Lived or Fathers, Daughters, and Baseball

Please allow me to get personal for a few moments.Dr. Martin D. Abeloff died last week, at the age of 65. Marty was a nationally prominent oncologist, director of the Sidney Kimmel Comprehensive Cancer Center at Johns Hopkins University Medical School, long-time faculty member at Hopkins, and former president of the American Society of Clinical Oncology. He leaves behind his wife of 40 years; two beautiful, brilliant, and successful daughters (one of whom somehow consented to marry the author); two sons-in-law; three amazing grandchildren (I have...

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A Situationist Account of the NFL, Bill Belichick, and Videotapes

Reactions over Bill Belichick and the New England Patriots videotaping the Jets have finally brought some humor: last night, New Mexico Governor and Presidential candidate Bill Richardson mused, "You know something is wrong when the New England Patriots face stiffer penalties for spying on innocent Americans than Dick Cheney and George Bush."Most reactions remain sober and...

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Fridays

I hate Fridays. Most people hate Mondays, but I hate Fridays. The reason I hate Fridays is because of all those people who hate Mondays.Monday through Thursday, I feel like I am trapped in a zombie movie as my listless coworkers shuffle through the day in a daze of depression, lethargy, and laziness. For them, work is a curse. But lo and behold, when Friday comes, WATCH OUT!! The dead become alive and will run your ass over quickly doing their work as fast and as sloppy as they can. I go from being the most productive worker to "being in the way"...

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Professor Alfred Yen on the NFL's Punishment of the Patriots and Bill Belichick

Professor Alfred Yen of Boston College Law School, a nationally recognized expert on sports law and copyright law, has authored a thoughtful and engaging reaction on Madisonian.net to the NFL's punishment of the New England Patriots for having a video assistant tape the Jets coaches and players on the sidelines. The NFL has fined Bill Belichick $500,000 and the Patriots $250,000...

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More on instant replay

My earlier post about instant replay triggered some excellent comments. Professor Jessica Silbey, whose work on filmic evidence I cited in that post, sent an e-mail commenting on the issue. She has a PhD in comparative literature, along with her J.D., and is a leading academic authority on the use and limits of filmic evidence in the judicial system. She agreed to let me post her comments:This led to an argument with my husband, who, as your post predicts, is in the majority really liking the instant replay. None of this answers your question....

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Sign-stealing, Trade Secrets, and Corporate Espionage

As most readers have likely heard, the New York Jets have filed a complaint with the NFL alleging that the Patriots used a video camera as part of a sign-stealing effort at this weekend's "demolition". Touchdown.org purports to have the goods on the Patriots: the posted photo (HT to Deadspin) seems to indicate a green shirted cameraman filming something happening on the...

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