Sonics Judge: The Worst Judicial Sports Metaphor of All Time?

Federal district judge Ricardo Martinez handed down his first ruling in the dispute between the Seattle Supersonics and the City of Seattle, which I blogged about last week. You can download or view a PDF of the court's ruling here.The ruling itself resolves a matter hardly central to the underlying dispute in an unsurprising way. After removing the case to federal court,...

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Settlement in Fighting Sioux Lawsuit

The University of North Dakota has settled its lawsuit against the NCAA over the school's use of the Fighting Sioux nickname. Under the settlement, the University has three years to try to get support of the several Sioux tribes for continued use of the name; if it does, it can keep the nickname. UND can continue using the nickname in the meantime. The Standing Rock Sioux and the Spirit Lake Sioux both have opposed the nickname in the past and have stated that they will continue to do so, thus this settlement just may be postponing the inevitable....

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Manny Being Manny: Success Through Perspective

Over on The Situationist, Jon Hanson and I have a piece that uses social psychology to compare Manny Ramirez and Alex Rodriguez. The piece is entitled "The Situation of 'Winners' and 'Losers'" and it examines the very different playoff performances of Ramirez and Rodriguez over the course of their careers and suggests some possibilities for why two phenomenal players perform...

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New Sports Law Scholarship

New this week:Gabriel Grossman, Comment, Switch hitting: how C.B.C. v. MLB Advanced Media redefined the right of privacy, 14 UCLA ENTERTAINMENT LAW REVIEW 285 (2007)Christo Lassiter, Lex sportiva: thoughts towards a criminal law of competitive contact sport, 22 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY 35 (2007)Jessica N. Trotter, Note, Rooting for the “home team”: how major league baseball and Latin America can better provide for the “safe”-ty of their players, 13 SOUTHWESTERN JOURNAL OF LAW & TRADE IN THE AMERICAS 445 (20...

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Another Perspective on the Torre Affair

My past blog outlined what I thought was the dysfunctional manner in which former Yankees manager Joe Torre's contract proposal was played out. I agreed the overwhelming view that the Yankees made an embarrassing offer that constituted poor negotiation skills and even a hope that Torre was reject it. As part of the problem was the uncertain power structure the team presently has.A contrary opinion was expressed in a column by Murray Chass of the New York Times. He noted that, despite Torre's feeling of being "insulted" by the bonus provisions,...

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Handicapping the Oklahoma City Supersonics

We haven't blogged much about the lawsuit filed by the City of Seattle against the Oklahoma-based ownership of the Seattle Supersonics basketball team seeking to force the team to stay in Seattle. Mike had a few comments on the dispute here.In any other setting, a commercial lease tenant should be able to break a lease, leave a space, and then pay damages, if any, to the landlord....

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G.

Folks, I've been a bit nutty over the past couple of days here on the blog and elsewhere. So, I will level with you. I have met someone, and I am nuts about her. Yes, I know I am a total hypocrite on this. I am supposed to be the he-man woman hater. But this one is very special to me.I keep going back and forth between wanting her and wanting to run her off. But I have settled on wanting her. My heart is hers to break. And so it goes. . .So, I apologize for the bullshit. I'm not in my right mind currently because I have it bad for her. I find her...

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SI.com Column on NFL Pat Downs and Sheehan v. 49ers

I have a new column on Sports Illustrated.com entitled "Questioning Legality of Pat Downs." In addition to examining pat downs in general, it looks at Sheehan v. The San Francisco 49ers, a pat down case that will soon be heard by the California Supreme Court.I had the good fortune of interviewing a number of experts for this piece, including NFL VP of security Milton Ahlerich,...

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TF MacKenzie - Or Kenzie for short

Photos aged 36 hours - Just love this little gi...

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Congratulations Robbie and Debi - It is another baby girl!

Last check was at 10.30 am and I knew she was close but we elected to go to bed anyway. At 11.00, lying in bed, Nick got up and opened the bedroom window to have one last look at Deb before we tried to get to sleep. She was up the top of the paddock lying down. As we were both still awake, it seemed silly not to go up quietly for one last look, just in case. I turned the alarm...

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The Torre Travesty -- A Dysfunctional Family Business

Over the last 35 years, one constant refrain in New York sports has been the on and off-field soap opera known as the Yankees. The latest act was the attempt or non-attempt to secure a new contract for its now former manager Joe Torre. Many journalists and fans have expressed their views, with an overwhelming sentiment that Torre was poorly treated by the team. That view was reinforced by his press conference where he concluded that the team's offer of a one-year, incentive-laden contract was an insult based on his success as manager of the team...

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How To Build a Lasting Relationship

The media gives all sorts of prescriptions for relationship success. I can tell you they are all wrong. It isn't because I've been married for 50 years that I can tell you this. I've never been married. My longest relationship lasted 6 months. It is because of this long line of failure that I can tell you how to succeed.I fail in relationships because I have a low tolerance for bullshit. In order to make it over the long haul, you have to be willing to put up with a lot of shit from the other person. And there is always bullshitYou're not going...

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Breeding season off with a bang!

This season is shaping up to be a pretty busy one. The article in H&P and subsequent advertising seem to have worked as we have been fielding enquiries from all over the show! The first mare of the season, a very pretty and leggy young TB mare arrived a month ago and is being collected by her owner today, hopefully in foal! Unfortunately she was a very shy breeder and the attempts at hand serving that we made were abandoned as much for her safety as for our own (and Robbie's). A lovely kind mare but she just could not cope with the idea of...

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Hector - Robbie's son, now a yearling

Had a lovely email from Mike with the attached photos of Hector. Mike is more than happy with this 'wee' chap and I have to say we are very pleased with how he is shaping up too - I am almost tempted to find me a nice TB mare to put him over myself! Oh for the time, space and mon...

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Sports Agency on the other side of the Pond

Marc Edelman recently posted on the subject of Sports Agencies representing both Players and Ownership. Conflict-of-Interest or Common Sense? Mark asked. The same question is pretty much on the European agenda at the moment. The new FIFA Players' Agents Regulations are currently being discussed by sports regulating bodies and even the EU has taken an interest in the issue....

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Permanent Darkness

I am done with relationships. From now on, all I care about is getting laid. I'm not going to keep fooling myself that women are worth much more than that.I've gotten a lot of feedback over the years, and they are some variation on the same thing. There is something wrong with me that makes me either unsuited to be in a relationship or makes crazy women attracted to me. I can tell you what it is that is wrong with me. I am nice.Nice guys finish last. This is the way it is. Women run all over nice guys. You will say that not all women are the same....

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School District and University Liability to Athletes Regarding Antibiotic Resistant Staph Infections

This week, news outlets have reported a frightening rise in reported cases of MRSA, a strain of the staph infection resistant to existing antibiotic treatment. This life-threatening infection begins as a small sore which may resemble a pimple, blister or spider bite.Staph infections have long been a particular problem for high school and college athletes. Athletes spend time...

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4th Circuit Rules in Latest Baltimore Ravens Logo Infringement Case

The U.S. Court of Appeals for the Fourth Circuit has published its opinion in Bouchat v. Bon-Ton Department Stores et al., the latest copyright infringment case concerning the logo of the Baltimore Ravens (via Above-the-Law and How appealing). In earlier litigation, plaintiff Bouchat sued the Baltimore Ravens, Inc. (the Ravens)and National Football League Properties, Inc....

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UCLA School of Law Sports Law Conference & Call for Sports Agent Panelists

Nate Jones, a 1L at UCLA Law and author of the Jones on the NBA blog, alerts me of the following:UCLA School of Law seeks sports agents (particularly MLB, NBA, NFL) to participate in a panel slated for Thurs., Nov. 13th. The topic will center around the paternalistic structure of the league-athlete relationship. Through an examination of policy and contractual provisions by which leagues in general tend to assert their dominance, the discussion will consider areas such as right of publicity, intellectual property, moral clauses, salary cap,...

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An Utter Loss for Words

I feel a desperate need to write at this moment except I can't say anything. I try to express the words, but words simply cannot capture the depth of misery and pain I am in at this moment. I find it hard to even breathe.I have a very low regard for women. I met a woman who raised my estimations of them. Then she lowered it below where it was previously. It's like taking a damaged car to an autobody shop and watching as they fix the damage and put a new coat of paint on it. Then, they douse it with gasoline and throw a match on it. This is what...

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Eighth Circuit's "Public Domain" Rationale Provides No Workable Standard for Right of Publicity Claims

Yesterday, the Eighth Circuit Court of Appeals issued its 13-page ruling in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. and affirmed the ruling of the United States District Court for the Eastern District of Missouri. The full opinion is available here. In Missouri, the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage. The district court concluded that the evidence...

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MLB loses in fantasy stats lawsuit

The United States Court of Appeals for the Eighth Circuit (located in my temporary home of St. Louis) today decided CBC Distribution and Marketing, Inc. v. Major League Baseball Advanced Media. At issue was whether the MLBPA could control use of players' names, statistics, and other personal information to prevent a fantasy-sports company from using this information in its leagues without a license. MLBPA had granted exclusive right to a company formed and controlled by MLB, which planned to operate fantasy leagues.The court held that, although...

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Smith on Dennis Franchione

Gordon Smith (BYU) comments on Conglomerate about the controversy surrounding Texas A&M football coach Dennis Franchione, who had been selling an "inside information" newsletter, for $ 1,200/year, to selected big-money boosters, potentially in violation of his contract with the school. Smith argues that Franchione's conduct may have breached several provisions of the coaching contract and the school is investigating. Worth a lo...

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Thoughts on the Duke Lacrosse Case

As I mentioned recently, David Evans, Collin Finnerty, and Reade Seligmann--the three former Duke lacrosse players indicted on sexual assault charges and later exonerated--have filed a civil rights action in United States District Court for the Middle District of North Carolina. Defendants include the City of Durham; former District Attorney Michael Nifong; two Durham police investigators, Mark Gottlieb and Benjamin Himan; department spokesperson David Addision; a private DNA-testing laboratory; and a host of supervisory department officials. The...

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Recap of Day Two of "Reversing Field" Symposium

Sports Law Blog correspondent Will Li attended the outstanding "Reversing Field: Examining Commercialization, Labor and Race in 21st Century Sports Law," a symposium organized and hosted by West Virginia University College of Law on Thursday Oct. 3 and Friday Oct. 4. I thoroughly enjoyed speaking at the symposium on Thursday Oct. 3, and Will checks in with a great recap of...

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What role for Politics in Sport?

Ashkan Dejagah is a German soccer player, born in Teheran, Iran. Even though his facts & figures speak of a highly promising youngster (he scored 7 goals in 15 international games for the U-19's and at the tender age of 21 he has already netted twice in the Bundesliga), his name came to the forefront after he refused to travel to Israel with the U-21 German team, citing...

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Can the Commissioner Discipline Players for Steroid Use Based Upon Mitchell's Report?

A lawyer for the firm representing Major League Baseball in the steroid investigation told team representatives during a conference call Friday that George Mitchell's long-awaited report is expected to be issued in November or December, and there is a strong possibility that the report will contain the names of individual players. This raises some interesting questions about how this report should be viewed in conjunction with the collective bargaining agreement, which contains specific provisions regarding the discipline of players for steroid...

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Chicago Marathon's Meltdown

Frank Shorter, the 1972 gold medalist and the 1976 silver medalist in the Olympic men's marathon, knows a thing or two about running races. His recent op-ed piece in the New York Times, reflecting on the meltdown of the Chicago Marathon, discusses the dangers of extreme heat in long distance races and proposes some interesting solutions to prevent injury stemming from extreme...

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Prostitute Yourself

Prostitute yourself. As far as I'm concerned, that's even braver than waiting for the public to catch on.GENE SIMMONSI recently read a Dilbert cartoon where the pointy haired boss gave a promotion to a meritless crony as opposed to a deserving skilled employee. Then, I have to deal with coworkers who call me a brown noser for working like I do. Finally, a very intelligent 9-year-old girl pointed out to me that her teacher's only real talent is putting on a show for the principal.What does all of this have in common? It has to do with selling out....

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