With College Football over, the NFL with only one game left, and pitchers and catchers not having reported, it is officially basketball season for me. Sure, I'll get into the football mood this weekend for the Super Bowl, but after that, basketball takes over.
I find myself watching more and more college basketball, such as Illinois beating Wisconsin tonight, and thinking less about things such as the NFL Draft. I'll be excited when the recruiting classes are announced, and I am always up for the NFL Draft, but in between I'm more of a basketball guy.
For example, the NCAA Tourney is probably my favorite sporting event of them all. 65 teams, anything can happen (except a 16 beating a 1), and lots and lots of basketball. The first two rounds of March Madness are probably my four favorite consecutive sporting days of the year, because it just didn't get more exciting. Same thing for picking all the games, it's an impossible task, but sometimes you get lucky, like a few years ago (the year Maryland won the Title) when I picked the Tourney the best in my hometown, got $500 and my name in the paper (a good-sized town too)!
But anyway, after the Super Bowl, my interest shifts a lot toward basketball, with exceptions for big FA signing, the NFL Draft, and the start of the baseball season.
As Bill Simmons would say, "The NBA. It's faaaaaaaaan-tastic!"
I can't disagree.
Tuesday, January 31, 2006
Illinois Appeals NCAA Mascot Ban
The University of Illinois has filed a second appeal challenging a decision of the NCAA that would require the school to drop its Chief Illiniwek athletic mascot and logo before it could host any postseason competition. (ESPN) Although the NCAA ruling allows the university to keep its Illini and Fighting Illini nicknames, it ruled that Chief Illiniwek is "hostile and abusive."I have covered this topic a great deal, usually opposing these types of sanctions (5/25/05). That being said, Chief Illiniwek does seem like a bit of a caricature. And the school gets to keep its nickname -- it just needs to change its mascot. I understand there is tradition at stake, but many teams change logos just for marketing purposes.
On the other hand, there seems to be a great deal of discrepancy in the NCAA policy. "Fighting Illini" is ok. But the NCAA has penalized North Dakota for its nickname -- "Fighting Sioux." And what about the "Fighting Irish," with an arguably far more-offensive caricature mascot. How is that at all different? Is it that most Irish are not offended by the nickname? Well, neither are most Native Americans (9/28/04). Seems like a double standard to me.
Will he or won't he?
There's been lots of talk lately about Brett Favre, who now says he is leaning towards retirement. This is the same thing he has done the past couple years. Taken a long time to decide whether or not he wants to play another year, but eventually deciding to come back.
This year, it feels different. For one, Mike Sherman is gone. Two, I just don't think the Packers have too much potential next year. Yes, it's the NFL, and teams do make drastic turnarounds, and the Packers did face a lot of injury troubles, but at this point, the best case scenario is probably 8-8 or 9-7. Three, a lot of times, it didn't look like Favre was really enjoying himself out there. I'm sure that has a lot to do with the losing, but it's still a point against him coming back.
As a Viking fan, I have interest in this, although I really can't say I'm too worried about the Packers either way. Favre still has a very strong arm, but it's not as strong as it used to be, regardless of what he seems to think with some of his throws. But the main thing about Favre last year is that he was making just awful decisions. I understand the team sucked, and he maybe had to try to force some balls to Donald Driver, but it was almost painful to watch. He was making mistakes that rookies don't even make, and it showed, with 29 INT.
And speaking of rookie mistakes, Aaron Rodgers didn't show a whole lot in his short time. I'm not saying he's a bust or anything like that, because it is far too early to say. All I'm saying is, from watching him the short time he played, he does not look like he is NFL-ready right now. But I doubt we'll find out for sure for at least a few more weeks.
Other Random Note: If you like music at all, you should check out my other blog, where I am compiling a list of my 31 favorite bands, and you can feel free to tell me my taste in music sucks.
Coretta Scott King's Death and Respectful Racial Competition
Since Coretta Scott King died this morning, it’s hard for me to concentrate on sports at the moment. I was going to write something about there actually being “sports law”, which would include the standards of review for overturning referee calls, deductions regarding the arbitrariness or due process in league suspensions, and other private law stuff. But all that seems a bit trivial at the moment. I’m feeling a need to relate Ms. King’s death to another, realer game: political competition.
In The Tournament of Races, the team called white people has a significant lead in each major category of human activity: education, entertainment, economics, labor, law, politics, sex, religion, and war. This is what I believe is a benign conception of white supremacy, (as opposed to the conception of hooded warriors who terrorize as the only white supremacists). In some of those areas of activity, entertainment and politics more so than economics and war, white peoples’ lead has diminished. The lead began shrinking when slavery ended, reduced further in the 50s thanks to Brown v. Board of Education, Rosa Parks and Coretta’s husband, Martin Luther King, and others, and reduced further still in the 60s and 70s with the introduction of the Civil Rights Acts, school desegregation and Affirmative Action.
Affirmative Action was the last straw. This was and is seen as a direct threat to white supremacy. White people had to call a timeout. After instituting a new general manager named Reagan, white people began battling back, calling Affirmative Action reverse racism, and pleading with the country to battle the forces of discrimination, not the forces that uphold white supremacy.
Then OJ got off. If a big black buck of dude can kill a white woman and get away with it, then white peoples’ supremacy must have ended, or at least the other teams are close enough so that white people take the car off cruise control and compete with vigor again. In comes Gingrich's Contract with America, the Republican Congress, Karl Rove (especially Karl Rove), and now Bush and the boys.
Now the Supreme Court is really up for grabs. It is already slightly right of center, which probably accurately reflects an aggregated America. Rehnquist was a foe of governmental attempts to level the playing field. O’Connor was not a huge fan, but recognized that when one team wins all the time the game disintegrates, and in the political game disintegration is not pleasant. Samuel Alito, the new nominee, like John Roberts less than a year before him, are of the mind that the playing field is level enough to allow full blown racial competition. Blacks and other minorities vehemently disagree. The playing field is tilted and we’d like to switch at halftime.
Whether there is or is not a level playing field is not really where I’ve been going with this. Tavis Smiley pointed out this morning that the day of Rosa Parks funeral, Bush laid a wreath then nominated Samuel Alito. Then, on the day Coretta Scott King dies, senators will issue statements praising her then turn around and confirm Alito. This despite a Zogby poll claiming that 100% of black people oppose Alito’s nomination.
This certifies in my mind that the white team is back in full effect. And that’s cool. All I ask is that we keep the competition respectful this time, same rules for everybody and no chummying up with the ref. And most importantly, despite all praise of bad sportsmanship on ESPN and everywhere else, just remember, when you’re up by a lot, there’s no need to rub the losing team’s face in it. It’ll just start a fight.
Andre Smith
In The Tournament of Races, the team called white people has a significant lead in each major category of human activity: education, entertainment, economics, labor, law, politics, sex, religion, and war. This is what I believe is a benign conception of white supremacy, (as opposed to the conception of hooded warriors who terrorize as the only white supremacists). In some of those areas of activity, entertainment and politics more so than economics and war, white peoples’ lead has diminished. The lead began shrinking when slavery ended, reduced further in the 50s thanks to Brown v. Board of Education, Rosa Parks and Coretta’s husband, Martin Luther King, and others, and reduced further still in the 60s and 70s with the introduction of the Civil Rights Acts, school desegregation and Affirmative Action.
Affirmative Action was the last straw. This was and is seen as a direct threat to white supremacy. White people had to call a timeout. After instituting a new general manager named Reagan, white people began battling back, calling Affirmative Action reverse racism, and pleading with the country to battle the forces of discrimination, not the forces that uphold white supremacy.
Then OJ got off. If a big black buck of dude can kill a white woman and get away with it, then white peoples’ supremacy must have ended, or at least the other teams are close enough so that white people take the car off cruise control and compete with vigor again. In comes Gingrich's Contract with America, the Republican Congress, Karl Rove (especially Karl Rove), and now Bush and the boys.
Now the Supreme Court is really up for grabs. It is already slightly right of center, which probably accurately reflects an aggregated America. Rehnquist was a foe of governmental attempts to level the playing field. O’Connor was not a huge fan, but recognized that when one team wins all the time the game disintegrates, and in the political game disintegration is not pleasant. Samuel Alito, the new nominee, like John Roberts less than a year before him, are of the mind that the playing field is level enough to allow full blown racial competition. Blacks and other minorities vehemently disagree. The playing field is tilted and we’d like to switch at halftime.
Whether there is or is not a level playing field is not really where I’ve been going with this. Tavis Smiley pointed out this morning that the day of Rosa Parks funeral, Bush laid a wreath then nominated Samuel Alito. Then, on the day Coretta Scott King dies, senators will issue statements praising her then turn around and confirm Alito. This despite a Zogby poll claiming that 100% of black people oppose Alito’s nomination.
This certifies in my mind that the white team is back in full effect. And that’s cool. All I ask is that we keep the competition respectful this time, same rules for everybody and no chummying up with the ref. And most importantly, despite all praise of bad sportsmanship on ESPN and everywhere else, just remember, when you’re up by a lot, there’s no need to rub the losing team’s face in it. It’ll just start a fight.
Andre Smith
Sports Agent Finds Himself Caught Between A Rock and A Hard Place
Liz Mullen of Street & Smith's Sports Business Journal does an excellent job of reporting on the latest labor and agent news -- especially when it comes to digging up the dirt in the sports agent business. In her column this week, "NFLPA hasn't given up on disciplining Dunn," she discusses the current situation of agent David Dunn, who was suspended by the NFLPA in 2003 for two years based upon testimony given by NFL players at a trial in 2002 in which a jury found that Dunn unfairly competed against his former partner, Leigh Steinberg. Dunn then filed for personal Chapter 11 bankruptcy, which put a hold on all administrative actions against him, including the NFLPA two-year suspension. Last spring, the jury verdict was reversed on appeal, but the NFLPA still wants to suspend or decertify Dunn because the reversal was based upon technicalities, including jury instruction errors.
At the 2002 trial, there was testimony from an NFL player that Dunn had solicited him to fire Steinberg and join Dunn at Dunn’s new agency, Athletes First, which is a blatant violation of the NFLPA agent regulations. Also, a former NFL player testified: 1) that Athletes First never told him that Steinberg had filed a grievance over fees the former player owed Steinberg; and 2) that he did not know that Athletes First had answered the grievance on his behalf, denying he owed the fees.
Next month, the NFLPA will argue in federal court that Dunn’s certification should not be subject to bankruptcy protection. According to NFLPA counsel Lisa Fenning,
Mullen notes that even if the NFLPA loses its motion, Dunn may still be forced out of bankruptcy protection and into the union’s disciplinary procedures because he has a February 15 deadline to propose a financial reorganization plan and an April deadline to confirm that plan.
Now, you might think that a bankrupt agent that is on the verge of being heavily sanctioned (even decertified) for NFLPA rule violations would have some difficulty obtaining clients? Apparently not. Dunn currently represents about eight of this year’s draft prospects, and about 50 NFL players, including Seahawks quarterback Matt Hasselbeck and Broncos quarterback Jake Plummer. And Reggie Bush and Matt Leinart reportedly gave strong consideration to having Dunn represent them.
More to come from me later this week on the sports agent business....
At the 2002 trial, there was testimony from an NFL player that Dunn had solicited him to fire Steinberg and join Dunn at Dunn’s new agency, Athletes First, which is a blatant violation of the NFLPA agent regulations. Also, a former NFL player testified: 1) that Athletes First never told him that Steinberg had filed a grievance over fees the former player owed Steinberg; and 2) that he did not know that Athletes First had answered the grievance on his behalf, denying he owed the fees.
Next month, the NFLPA will argue in federal court that Dunn’s certification should not be subject to bankruptcy protection. According to NFLPA counsel Lisa Fenning,
“If we win, it means a ruling by the district court that his [NFLPA
certification] is outside the bankruptcy and can be terminated by the
NFLPA. The NFLPA would certainly terminate it if David Dunn continued to refuse to submit to the disciplinary process.”
Mullen notes that even if the NFLPA loses its motion, Dunn may still be forced out of bankruptcy protection and into the union’s disciplinary procedures because he has a February 15 deadline to propose a financial reorganization plan and an April deadline to confirm that plan.
Now, you might think that a bankrupt agent that is on the verge of being heavily sanctioned (even decertified) for NFLPA rule violations would have some difficulty obtaining clients? Apparently not. Dunn currently represents about eight of this year’s draft prospects, and about 50 NFL players, including Seahawks quarterback Matt Hasselbeck and Broncos quarterback Jake Plummer. And Reggie Bush and Matt Leinart reportedly gave strong consideration to having Dunn represent them.
More to come from me later this week on the sports agent business....
Monday, January 30, 2006
Will Skip Bayless please shut up?
I have gone on too long, hearing about Skip Bayless, whether it's on some TV shows on ESPN (I think he's on them, I know I haven't watched any), or reading his article about how USC was just going to dominate Texas (whoops!). It's gone on too long. How he's been able to masquerade this long as a so-called sports reporter is beyond me, but he put out out yet another awful article on ESPN.Wake Me Up When It's Over
Let's go over it here (Bayless quotes in italics):
The problem here is that, for the first time, the Super Bowl features two underdogs, two Cinderellas, two teams that came from nowhere on destiny-kissed rolls.
My bad. Here I thought Seattle was actually 13-3 and the #1 seed in the playoffs, and they were coming off a dominating performance. Regardless, apparently they were an underdog. Let's go on.
The Steelers, the first sixth seed to make it to the Super Bowl, barely made the playoffs thanks to a fairly easy closing schedule. They beat Kyle Orton's Bears in a snowstorm in Pittsburgh, then took care of Minnesota, Cleveland and Detroit.
But would they have won their first playoff game, in Cincinnati, if Bengals quarterback Carson Palmer hadn't been hurt on his second play? Doubtful.
Good to see that Skippy knows what would have happened, even though Carson got hurt almost right away in the game. Would the Bengals have had a better chance with Palmer rather than Kitna? Almost certainly. Would they have won the game? It's impossible to tell. Unless you're Skip Bayless.
Would they have finished off the season's most shocking upset, in Indianapolis, if Colts cornerback Nick Harper hadn't weaved back into a sprawling ankle tackle by Steelers quarterback Ben Roethlisberger? No.
Ok. But he did. Would New England have won the Super Bowl against Carolina if John Kasay had not kicked it out-of-bounds? Does it matter? Harper wasn't able to get by Roethlisberger, and Pittsburgh won. End of story.
No. Would the Steelers have been able to win in Foxborough if the Broncos hadn't upset the Patriots the week before in Denver? Highly doubtful.
From bad to worse. Can we get any more hypothetical? How about this? Would the Steelers have won if Ben Roethlisberger had never been born? Doubtful. That might be reason enough for Skip. And even if New England had won, Pittsburgh was coming off a road win over the team that was considered the best in the NFL. So why is it highly doutful they could beat New England?
Would the Steelers have won in Denver if an early poor pass by Roethlisberger had been picked off in the flat by Champ Bailey and returned for a stadium-rocking touchdown? Probably not.
Blah blah blah. All hypothetical junk.
Would the Seahawks have risen from 2-2 to home-field playoff advantage if Terrell Owens hadn't torn apart the Eagles? If Michael Vick hadn't regressed? If the Giants, Redskins and Cowboys hadn't been forced to do battle twice in the East and the Panthers, Bucs and Falcons hadn't beaten each other up in the South?
More hypothetical junk that has nothing to do with Seattle. The Eagles weren't doing so great even before TO got suspended. What does Michael Vick have to do with this? The Seahawks only made the Super Bowl because they were in an easier division.
Things just kept breaking right for the Seahawks. Without bye weeks, the Redskins and Panthers were banged up before playoff games in Seattle -- where the Seahawks' 12th Man gives them the NFL's loudest and strongest home-field advantage.
And here I thought these were the advantages of having home-field advantage throughout the playoffs. And now I learn that it was luck for Seattle, to be able to secure the best record in the NFC so they're playing at home! Maybe they should have gone on the road just to prove themselves!
You can't wait for Sunday, can you.
No I can't. Should be a heck of a game.
Wake me up when Skip stops writing for ESPN.
Doesn't Pay to Be Honest In Sports
Ron Artest and Terrell Owens and others believe they are being paid to play their sport, when the media and team officials think they are paying them to play the 'game'. Neither Artest nor Owens will play certain parts of the game. The part they hate most is lying. According to team officials, the media, and most of the sports watching public, athletes, well paid or not, are to follow an unwritten code that mandates lying if it means that your team or teammate or league or sport will be dishonored by your honest opinion. The only exception to this rule is that a player can dishonor other players whom the media or sport officials have labeled as 'problematic'. To avoid this, athletes could refuse to talk to the media, and risk their reputations that way and at the same time get fined by their respective leagues.
What does this have to do with Ron Artest? Artest did not attempt to scuttle the Indiana-Sacramento deal, or at least did not do so with any malice. The Kings, doing their due diligence, asked the Artest if he would be happy playing for the Kings. Artest being Queensbridge through and through responded honestly, that he would not. If being stuck in the middle of Indiana is a problem for Artest, and I am 110% sure that it is, going out to cowtown Sacramento is not a pleasant idea either. The problem is, he honestly expressed how every non-cowtown-wanting-to-go-to player in the league feels.
The Sacramento Kings, accepting the integrity of Artest's statements, rightly and rightfully declined to add on a player who would be unhappy in their town. Good for them, good for Ron, not good for the Pacers, and not good for hegemonic authority over athletes. For that, he is a trouble maker again. Of course the trade went through, but the media portrayal of Ron Artest was clear.
Ask yourself, "what did Terrell Owens say that he didn't honestly believe?"
Andre Smith
What does this have to do with Ron Artest? Artest did not attempt to scuttle the Indiana-Sacramento deal, or at least did not do so with any malice. The Kings, doing their due diligence, asked the Artest if he would be happy playing for the Kings. Artest being Queensbridge through and through responded honestly, that he would not. If being stuck in the middle of Indiana is a problem for Artest, and I am 110% sure that it is, going out to cowtown Sacramento is not a pleasant idea either. The problem is, he honestly expressed how every non-cowtown-wanting-to-go-to player in the league feels.
The Sacramento Kings, accepting the integrity of Artest's statements, rightly and rightfully declined to add on a player who would be unhappy in their town. Good for them, good for Ron, not good for the Pacers, and not good for hegemonic authority over athletes. For that, he is a trouble maker again. Of course the trade went through, but the media portrayal of Ron Artest was clear.
Ask yourself, "what did Terrell Owens say that he didn't honestly believe?"
Andre Smith
Performance-Enhancing Drug or Air Conditioning?
Saturday's edition of the Wall Street Journal had a front-page article that caught my eye -- a piece on the Finnish cross-country team and the use of "alpine cottages." (Newman, "Fake Mountain Air Gives Some Skiers Level Chance for Gold," WSJ, 01/28/06-subscription only).
But Prof. Rusko disagrees, saying that the more appropriate analogy is to the use of air-conditioning in a hot gym. It isn't harmful and it does not give anyone an unfair advantage.
So which is it? Should alpine cottages be treated like performance-enhancing drugs? Or are they more like air conditioners, which no doubt can increase the amount of time an athlete can spend training, and thus, improve their chance for success? Where does laser eye surgery fall into the mix (4/21/05)? How about bionic surgery (3/28/05)?
As technology continues to improve, where should sports draw the line?
- In cross-country skiing, a granddaddy of aerobic endurance sports, there is no such thing as a level playing field. Because mountain air boosts energy-generating red blood cells, mountainous countries like Norway and Sweden have a leg up on the Finlands of the world that are mountain-deprived.
Several years ago, a Finnish scientist invented a way to give his country an even chance: a mechanical altitude simulator called the "alpine cottage."
***
"In Finland we have no mountains," says Prof. [Heikki] Rusko, a trim 62-year-old who works here in Jyväskylä, 170 miles north of Helsinki, at the Finnish research institute for Olympic sports. "Why shouldn't we have the same chances as countries that do?"
The alpine cottage is Prof. Rusko's mountain-moving device. It can take the form of a sealed-off apartment or just a duct-taped tent. Added nitrogen changes the mix of the air inside, reducing oxygen content while leaving pressure unchanged. The cottage lets low-country athletes live in simulated chalets, making extra red blood cells as they sleep.
But Prof. Rusko disagrees, saying that the more appropriate analogy is to the use of air-conditioning in a hot gym. It isn't harmful and it does not give anyone an unfair advantage.
So which is it? Should alpine cottages be treated like performance-enhancing drugs? Or are they more like air conditioners, which no doubt can increase the amount of time an athlete can spend training, and thus, improve their chance for success? Where does laser eye surgery fall into the mix (4/21/05)? How about bionic surgery (3/28/05)?
As technology continues to improve, where should sports draw the line?
Major League Baseball v. Fantasy Sports
http://www.cnn.com/2006/US/01/15/baseball.stats.ap/
Expansion of personal proprietary rights (the exclusive right to commercially exploit one's name, image or likeness) is not appropriate in the context of fantasy sports. Companies that offer commercial fantasy sports products, like CDM, Rotoworld, CBS Sportsline, etc., have customarily, though reluctantly, acknowledged a players economic right to his statistics, and accordingly have been paying licensing fees to players associations like the MLBPA.
It hadn't been a problem because players associations need revenue to fund the organization and especially to build a war chest, so very few had been denied a license. MLBPA recently gave its marketing rights to Major League Baseball properties, who is now withholding licenses to fantasy games operators. A company named CBC is fighting MLB on this issue, claiming that statistics are news and in the public domain, free for all to use and exploit.
I have not read the briefs yet. It will be interesting to see which "right" of the players MLB is seeking to protect: trademark in the player's name, state laws relating to one's image and likeness, statistics as a league held commodity.
Those are some of the positive concerns. For me the normative concern, relates to monopoly. Copyrights and patent rights are a Constitutionally required monopoly. All other attemtps to monopolize should be highly suspect, as illustrated by section 2 of the Sherman Act, and violative of the goal toward perfect competition in the marketplace. Without the aid and now depsite the resistance of sports leagues, fantasy sports has become a multi-billion dollar industry, creating jobs and profit for many. There are even analogous fantasy competitions. I've recently come across a fantasy law professor game, where the participants get points for article citations (bonus points if cited by a court). Major League Baseball, on behalf of the players union, claims a right to have stifled these novel ideas and business long ago if it, or the players, had so chosen.
Funny how the greedy greedy players or their agents never sought to monopolize this industry. If MLB can prevent the granting of licenses, then fans can legally play the games only on MLB. MLB will not have the incentive to innovate or make it cheaper. Of course, Fantasy sports including baseball would still continue, illicitly, with otherwise lawabiding middle aged participants as criminals, not unlike their music-downloading teenage children.
Even if MLB holds this economic right, I don't believe Congress should allow them to control it absolutely. Like the compulsory licensing scheme in the music industry, fantasy operators should pay a statutorily set fee to rights holders. As an eligible free agent in the law professor game, I don't want to stop people from betting that my article's will make it into the Harvard Law Review, I just want to get paid if it does.
Andre Smith
UPDATE: For more on this topic, see this earlier post (1/3/06). -- ed.
Expansion of personal proprietary rights (the exclusive right to commercially exploit one's name, image or likeness) is not appropriate in the context of fantasy sports. Companies that offer commercial fantasy sports products, like CDM, Rotoworld, CBS Sportsline, etc., have customarily, though reluctantly, acknowledged a players economic right to his statistics, and accordingly have been paying licensing fees to players associations like the MLBPA.
It hadn't been a problem because players associations need revenue to fund the organization and especially to build a war chest, so very few had been denied a license. MLBPA recently gave its marketing rights to Major League Baseball properties, who is now withholding licenses to fantasy games operators. A company named CBC is fighting MLB on this issue, claiming that statistics are news and in the public domain, free for all to use and exploit.
I have not read the briefs yet. It will be interesting to see which "right" of the players MLB is seeking to protect: trademark in the player's name, state laws relating to one's image and likeness, statistics as a league held commodity.
Those are some of the positive concerns. For me the normative concern, relates to monopoly. Copyrights and patent rights are a Constitutionally required monopoly. All other attemtps to monopolize should be highly suspect, as illustrated by section 2 of the Sherman Act, and violative of the goal toward perfect competition in the marketplace. Without the aid and now depsite the resistance of sports leagues, fantasy sports has become a multi-billion dollar industry, creating jobs and profit for many. There are even analogous fantasy competitions. I've recently come across a fantasy law professor game, where the participants get points for article citations (bonus points if cited by a court). Major League Baseball, on behalf of the players union, claims a right to have stifled these novel ideas and business long ago if it, or the players, had so chosen.
Funny how the greedy greedy players or their agents never sought to monopolize this industry. If MLB can prevent the granting of licenses, then fans can legally play the games only on MLB. MLB will not have the incentive to innovate or make it cheaper. Of course, Fantasy sports including baseball would still continue, illicitly, with otherwise lawabiding middle aged participants as criminals, not unlike their music-downloading teenage children.
Even if MLB holds this economic right, I don't believe Congress should allow them to control it absolutely. Like the compulsory licensing scheme in the music industry, fantasy operators should pay a statutorily set fee to rights holders. As an eligible free agent in the law professor game, I don't want to stop people from betting that my article's will make it into the Harvard Law Review, I just want to get paid if it does.
Andre Smith
UPDATE: For more on this topic, see this earlier post (1/3/06). -- ed.
Andre Smith - Guest Blogger
Good morning all,
My name is Andre Smith. I am an assistant professor of law at Florida International University, in Miami, Florida. I teach Federal Income Tax, Estate and Gift Tax, Administrative Law, and Sports and Entertainment Law. I do not teach Critical Race Theory or Employment Discrimination, but I do have strong opinions on the subject of race and sports, and I will share them with you.
Also, I am a fan of economics; not necessarily the conclusions economists make, especially those made by law and economic types. I am in love with the method and the presuppositions that equality (or equilibrium) is brought about by perfect competition, utilitiy maximization, perfect information, and no transaction costs. Looking at sports and race and race and sports in this context drives me towards many of my opinions.
Aside from that stuff, I am also an avid fantasy sports player and am certainly in defense of the industry in its battle against Major League Baseball's attempt to monopolize the industry via proprietary control over newsworthy information. Disclosure: I am affiliated with a website, www.hiphopsports.net, that is heavily involved in the fantasy sports arena.
I'm not a fan of monopolies. I believe the problems created by monopolies are the hardest for the common person to perceive. These "misperceptions" drive wedges between people who actually have common interests, and absolve those who profit from the problem in the first place.
Oh, and I am hiphop. So bear with me if my language, a mixture of English, American, Patois, Ebonics, and HipHop, confuses you at times. I'll try to be clear.
Those are the generalities. I'll be back with a real opinion or blurb or something in a moment.
My name is Andre Smith. I am an assistant professor of law at Florida International University, in Miami, Florida. I teach Federal Income Tax, Estate and Gift Tax, Administrative Law, and Sports and Entertainment Law. I do not teach Critical Race Theory or Employment Discrimination, but I do have strong opinions on the subject of race and sports, and I will share them with you.
Also, I am a fan of economics; not necessarily the conclusions economists make, especially those made by law and economic types. I am in love with the method and the presuppositions that equality (or equilibrium) is brought about by perfect competition, utilitiy maximization, perfect information, and no transaction costs. Looking at sports and race and race and sports in this context drives me towards many of my opinions.
Aside from that stuff, I am also an avid fantasy sports player and am certainly in defense of the industry in its battle against Major League Baseball's attempt to monopolize the industry via proprietary control over newsworthy information. Disclosure: I am affiliated with a website, www.hiphopsports.net, that is heavily involved in the fantasy sports arena.
I'm not a fan of monopolies. I believe the problems created by monopolies are the hardest for the common person to perceive. These "misperceptions" drive wedges between people who actually have common interests, and absolve those who profit from the problem in the first place.
Oh, and I am hiphop. So bear with me if my language, a mixture of English, American, Patois, Ebonics, and HipHop, confuses you at times. I'll try to be clear.
Those are the generalities. I'll be back with a real opinion or blurb or something in a moment.
Sunday, January 29, 2006
The Good, the Bad, & the Ugly of the Weekend
Let's take a quick look at the weekend:The Good:
- LeBron James with 44 points, 11 rebounds, and 7 assists in a 113-106 win over Phoenix Sunday.
- Minnesota Golden Gophers - Finally got their first Big 10 win, and they did it in a big [10] way (pun intended), playing great defense in route to a 61-42 route over #11 Indiana. The Hoosiers shot only 32%, and the lefty Vincent Grier led Minnesota with 17 points and 9 rebounds as they improved to 10-8.
- Philly beats Orlando 89-81 even without Allen Iverson. Nice defensive showing, and nice overall game for a few guys, including John Salmons (17 points, 6 rebounds, 6 assists), C-Webb (18,5,8) and Samuel Dalembert (15 points, 8 rebounds, 4 blocks). Sixers improve to 23-21, and now have a home game coming up against Phoenix on Tuesday.
- Dr. Z gave his annual TV Commentator Awards, which are always entertaining and fairly insightful.
The Bad:
- Mike Piazza signs with the Padres - Piazza may have a little more left in the tank, but I don't think that'll be too evident when he's playing catcher in a pitcher's ballpark. I'm not exactly anticpating great things for him in Petco Park.
- Even with Ron Artest, Sacramento loses 124-123 vs. Toronto. Yikes!
- Utah to retire Andrew Bogut's #4 jersey - 2 years and one Elite Eight appearance is all it takes to get your jersey retired?! Bogut was great last year, but he only played for 2 years!
The Ugly:- Me I didn't post on here for like 2 days, although I do have a viable excuse. Friday night, I had a couple of friends come into town, and we went to a hockey game at The Ralph (Sioux lost 2-1), and then we went to eat, stopped at a couple other places, and I had no time for the computer. On Saturday, my sisters and a couple cousins came into town, so I was gone all day and then slept at the hotel, so I really had no time. So that's why there was a small break of time between my posts. Sorry!
- Texas A&M is unhappy that Seattle's fans are called the 12th Man - :yawn:
Until next time, you stay classy!
Because We Don't Want To Take Money Away From State Lotteries
From FindLaw:
- The Sporting News agreed to a $7.2 million settlement with the federal government to resolve claims it promoted illegal Internet and telephone gambling in print, on its Web site and on its radio stations.
U.S. officials said Friday that the advertising ran from spring 2000 through December 2003.
***
The Sporting News paid a $4.2 million fine Thursday. The remaining $3 million of the settlement will be for public service ads aimed at dissuading people from gambling over the Internet or via telephone.
OU Keeps Fans in the Stands; Team Still Wins
As a follow-up to my post from last week on fans rushing the court (1/26), I want to commend the efforts of the University of Oklahoma, who kept their fans in the seating area following an upset victory over arch-rival Texas on Saturday night. What herculean effort was the school forced to undertake to hold back the masses of fans? Try a PA announcement during the game warning the students that there would be consequences for coming onto the court. That's it.
Kind of makes you think that other schools would have similar success, if they actually tried.
Thanks to Andy Katz for noting this in his game recap.
Kind of makes you think that other schools would have similar success, if they actually tried.
Thanks to Andy Katz for noting this in his game recap.
Roger Federer
I don't really watch much tennis, but I just have to recognize Roger Federer right now. With his win today in the Australian Open Final, he now has 7 career Grand Slam titles, including 3 in a row. That's impressive.
Saturday, January 28, 2006
Top Positions in Division I-A Athletics Are Overwhelmingly White
Last week, the Institute for Diversity and Ethics in Sport at the University of Central Florida released an interesting study entitled, "The Buck Stops Here: Assessing Diversity Among Campus and Conference Leaders for Division I-A Schools in 2006." The study found that the people who make the key decisions in the athletic departments and on college campuses of Division I-A programs are overwhelmingly white: 94 percent of the school presidents, 89 percent of the athletic directors, 94 percent of the faculty athletic reps and 100 percent of the conference commissioners. The study also included head coaches, offensive and defensive coordinators, and assistant coaches. During the 2005 season, there were only four minority head football coaches in Division I-A, and two were hired at the end of the 2005 season at Kansas State University and SUNY Buffalo.
According to Richard Lapchick, the head of the Institute and author of the report:
In last Thursday's edition of The Chronicle of Higher Education, Brad Wolverton highlighted two recent developments that, according to Lapchick, could help give minority job seekers more opportunities in college sports. The first is that NCAA president Myles Brand hired Charlotte Westerhaus, an African-American woman, to lead the NCAA's diversity efforts. Secondly, a "report card" produced by the Black Coaches Association, in which colleges are graded not just on whom they hire but on the number of minority candidates they interview for openings, has encouraged more colleges to consider more minority candidates for jobs.
Another way to ultimately get more minority representation in head coaching positions would be to increase the pool of minority assistant coaches and grad assistants so that there are more available minority coaches to be considered for the head coaching positions. For example, the rules could be revised so that colleges would be permitted to hire a third grad assistant coach if that coach is a minority (colleges are currently only allowed to hire two). Colleges need to take a more proactive stance in hiring minorities as offensive and defensive coordinators, assistant coaches, assistant athletic directors and all entry-level administrative and coaching positions. Thus, it would seem that the minority percentage data at these positions around college campuses is as equally important as the data at the leadership positions. According to the study, an overwhelming majority of the coordinators and assistant coaches last year were white: 88 percent of the offensive and defensive coordinators and 72 percent of the assistant coaches. It would be interesting to see the minority percentage data at the assistant and entry-level administrative positions as well, but my guess is (and it is purely speculation) that it pretty much follows suit with the minority percentage data in the leadership administrative positions.
According to Richard Lapchick, the head of the Institute and author of the report:
"The study shows that the vast majority of the most powerful people in college sport are still white. Does the fact that the leadership at our institutions of higher education is overwhelmingly white and male have an impact on the hiring of head football coaches? How could it not? History shows that in the 'old boys' network, white men are likely to hire people who look like them. Many African-American coaches are waiting in the wings, ready to lead Division I-A programs, but when more than 92 percent of our campus leaders are white, chances are they will seek who they know."
In last Thursday's edition of The Chronicle of Higher Education, Brad Wolverton highlighted two recent developments that, according to Lapchick, could help give minority job seekers more opportunities in college sports. The first is that NCAA president Myles Brand hired Charlotte Westerhaus, an African-American woman, to lead the NCAA's diversity efforts. Secondly, a "report card" produced by the Black Coaches Association, in which colleges are graded not just on whom they hire but on the number of minority candidates they interview for openings, has encouraged more colleges to consider more minority candidates for jobs.
Another way to ultimately get more minority representation in head coaching positions would be to increase the pool of minority assistant coaches and grad assistants so that there are more available minority coaches to be considered for the head coaching positions. For example, the rules could be revised so that colleges would be permitted to hire a third grad assistant coach if that coach is a minority (colleges are currently only allowed to hire two). Colleges need to take a more proactive stance in hiring minorities as offensive and defensive coordinators, assistant coaches, assistant athletic directors and all entry-level administrative and coaching positions. Thus, it would seem that the minority percentage data at these positions around college campuses is as equally important as the data at the leadership positions. According to the study, an overwhelming majority of the coordinators and assistant coaches last year were white: 88 percent of the offensive and defensive coordinators and 72 percent of the assistant coaches. It would be interesting to see the minority percentage data at the assistant and entry-level administrative positions as well, but my guess is (and it is purely speculation) that it pretty much follows suit with the minority percentage data in the leadership administrative positions.
Friday, January 27, 2006
Rondo Rides in Style, NCAA Says "OK"
As a very proud University of Kentucky alumnus, I hesitate to bring further attention to this story. However, Eddie Sutton, Dwayne Casey, Chris Mills, Claude Bassett and Hal Mumme provided enough fodder for truckloads of jokes about the (allegedly) corrupt nature of the University of Kentucky athletic department, so hopefully my decision to post this is simply the electronic equivalent of delicately placing a smoldering match on top of an already blazing forest fire.
Valerie Honeycutt and Jerry Tipton of the Kentucky Herald-Leader filed a report in Friday's edition detailing circumstances surrounding the smooth ride currently being driven by sophomore PG Rajon Rondo. I would imagine that the collective public muttering was quite audible around Lexington when student-athlete Rondo was seen cruising the streets around campus in a 2006 Yukon Denali.
The car is apparently titled to Derek Anderson, a member of Kentucky's 1996 national championship team, a Louisville native and current member of the Houston Rockets. Anderson and Rondo apparently forged a tight bond while Rondo was still a young prep star in Louisville, and according to the Herald-Leader, the NCAA investigated Rondo's driving the ex-Wildcat's vehicle prior to Rondo bringing it onto campus. The NCAA felt that Anderson and Rondo's relationship was genuine and that it developed well prior to Rondo's becoming a recruiting target of Tubby Smith's staff. Therefore, Rondo driving Anderson's SUV meets the standards set forth by the NCAA and violates none of its regulations. My favorite part of the article is that Rondo "uses the vehicle often, but not exclusively". Of course he does! What right-minded sophomore in college could get by with only a 2006 Yukon Denali. Every time my mom's old 1983 yellow Volvo station wagon conked out on the side of a campus thoroughfare, I recognized the desparate need that I had for backup transportation. Unfortunately, my backup was my own two feet. If I had only known the "Rondo Rule", I would have made a point to develop a "mentor-protege" relationship with Rick Robey when he was living down the street from my childhood home.
Too bad Sam Bowie did not decide to settle down in Toronto after his playing career was over. That would have prevented my buddies and me from snickering at Jamaal Magloire when he was seen sputtering down Euclid Avenue in a broken-down, early 80's Toyota Corolla.
Valerie Honeycutt and Jerry Tipton of the Kentucky Herald-Leader filed a report in Friday's edition detailing circumstances surrounding the smooth ride currently being driven by sophomore PG Rajon Rondo. I would imagine that the collective public muttering was quite audible around Lexington when student-athlete Rondo was seen cruising the streets around campus in a 2006 Yukon Denali.
The car is apparently titled to Derek Anderson, a member of Kentucky's 1996 national championship team, a Louisville native and current member of the Houston Rockets. Anderson and Rondo apparently forged a tight bond while Rondo was still a young prep star in Louisville, and according to the Herald-Leader, the NCAA investigated Rondo's driving the ex-Wildcat's vehicle prior to Rondo bringing it onto campus. The NCAA felt that Anderson and Rondo's relationship was genuine and that it developed well prior to Rondo's becoming a recruiting target of Tubby Smith's staff. Therefore, Rondo driving Anderson's SUV meets the standards set forth by the NCAA and violates none of its regulations. My favorite part of the article is that Rondo "uses the vehicle often, but not exclusively". Of course he does! What right-minded sophomore in college could get by with only a 2006 Yukon Denali. Every time my mom's old 1983 yellow Volvo station wagon conked out on the side of a campus thoroughfare, I recognized the desparate need that I had for backup transportation. Unfortunately, my backup was my own two feet. If I had only known the "Rondo Rule", I would have made a point to develop a "mentor-protege" relationship with Rick Robey when he was living down the street from my childhood home.
Too bad Sam Bowie did not decide to settle down in Toronto after his playing career was over. That would have prevented my buddies and me from snickering at Jamaal Magloire when he was seen sputtering down Euclid Avenue in a broken-down, early 80's Toyota Corolla.
Don't Give Away Those Tickets!
Giving away tickets to the game? You never know what you're going to miss. For one Los Angeles man, exams and birthday parties have kept him from witnessing history -- twice.
- Stern, a vice chairman of a Los Angeles asset management firm, was an 18-year-old sophomore at Dickinson College in Carlisle, Pa., in 1962 when he bought two tickets to see the then-Philadelphia Warriors play the New York Knicks in nearby Hershey.
But when one of his professors scheduled a test for the next day, Stern gave the tickets away -- and thus failed to see Wilt Chamberlain score 100 points.
Now Stern is a Lakers season ticket-holder, meaning he had tickets to see Sunday's game against the Raptors. But Stern opted to attend a birthday party instead -- and thus failed to see Kobe's 81-point outburst.
"Two historic games, 44 years and 3,000 miles apart with one common thread -- stupid me," Stern told the Los Angeles Times.
Stadium JumboTrons: More than Just a Marketing Tool
Greg Garber of ESPN has a fascinating look at a new use for the big-screens at stadiums. As it turns out, some players -- including Tiki Barber -- have used the screens during plays to locate blockers if they get disoriented. For example:
- "If I'm run blocking, I can look at the JumboTron to see where the running back is," Vikings receiver Marcus Robinson said. "And if there's a man chasing you, you're looking at the JumboTron to see where he is. If you're running, instead of turning around and [slowing], you can look up at the screen and see if he's gaining, or if he's coming in a different direction."
Ralph Engelstad Arena
In my very biased view, the best hockey arena anywhere. This place is amazing, and I'll be there tonight!
"It's impossible to describe the new $100+ million Ralph Engelstad Arena in just a few words, but it is described by many as the "finest facility in the world." The 400,000 square foot arena is nothing but first class. All concourse floors are granite, each seat is constructed of leather and cherry wood, and there are 48 luxury suites and two enormous club rooms featuring the longest freestanding bars in the state. There is a training facility featuring a 10,000 sq. ft. weight room and underwater treadmill, fourteen locker rooms, the extra Olympic Sheet of Ice, and with the addition of the Betty Engelstad Sioux Center for the basketball and volleyball programs coming Fall 2004; what you have is more than a world-class facility; you have the Ralph Engelstad Arena.
The biggest attraction though, and the reason the arena was built, is Fighting Sioux Hockey. In its inaugural season (2001-02) in the new Ralph Engelstad Arena, Fighting Sioux Hockey attendance erupted into an all time high. All of the games in this 11,500+ capacity hockey arena sold out in just 43 minutes after single game tickets went on sale. Tickets sales have even increased each season thereafter."
The Ralph
NBA Dress Code, Genetic Testing of NBA Players, and Player Autonomy
This afternoon I will be speaking at the University of Pennsylvania Law School as a guest of the University of Pennsylvania Journal of Labor and Employment Law. I am one of three panelists on a panel that will discuss the new NBA dress code, genetic testing of NBA players, and broader issues of autonomy and privacy in the NBA. The other two panelists are Alan Milstein, who needs no introduction, and Hal Biagas, deputy counsel of the National Basketball Players' Association. The panel's moderator is Professor N. Jeremi Duri of Temple Law School. The panel is part of the Professional Sports and Entertainment Symposium, which will also be featuring Donald Fehr, Executive Director of the Major League Players' Association, among other distinguished speakers.In conjunction with this talk, I'm pleased to mak
e available a draft of my new law review article: The Reckless Pursuit of Dominion: A Situational Analysis of the NBA and Diminishing Player Autonomy, 8 U. Pa. J. Lab. & Emp. L. The Reckless Pursuit of Dominion examines required genetic testing of NBA players from a situational vantage point, integrating socio-psychological, legal, and ethical analyses. The core argument may be expressed as follows: required genetic testing of NBA players appears consistent with a broader and largely deleterious agenda by the NBA to control players. Since implementation of the rookie wage scale in 1995 through the recent imposition of a paternalistic player dress code, the NBA has increasingly usurped player autonomy. The NBA’s capacity to do so largely rests in its adroit manipulation of the situational influences that influence fans and media. For instance, because of unappreciated cognitive biases, fans and media often embrace distorted views of player’s maturity, arrest propensity, and collegiate experiences. As a result, NBA players tend to be wrongly identified as immature, out-of-control, and hopelessly uneducated. In turn, the NBA has designed policies that ostensibly remedy these feigned “problems” while less-detectably transferring autonomy from player to league. In short, the league sees that others often fail to see, and that enables it to surreptitiously control players.Here is an excerpt from The Reckless Pursuit of Dominion on the new NBA Dress Code (from pages 11-12):
A number of NBA players have characterized the dress code as “racist” and emblematic of the NBA’s increasing control over player autonomy and human expression. Perhaps bolstering this sentiment are recent NBA endorsement and licensing agreements that appear to celebrate the very lifestyle norms prohibited by the dress code. Consider the league’s decision to hire British comedian Sacha Cohen (a.k.a. “Ali G”) to promote the NBA in television commercials. In the commercials, Cohen is dressed in a tracksuit accessorized by a large, bulky chain, while donning a skullcap and wraparound sunglasses—in other words, his attire expresses the very same “street” or “hip-hop” culture prohibited by the dress code. Similarly, the league has licensed a videogame called “NBA Ballers,” which pitches itself as, “the exclusive one-on-one basketball videogame highlighting the bling-bling lifestyle of NBA players.” In the game, players take on the identity of actual NBA stars and accumulate “mansions, cars, jewelry, women -- if you've spotted it on ‘MTV Cribs,’ you're going to see it here" . . . Indeed, when the league exercises its authority, it celebrates “bling-bling”; when the players exercise their autonomy, the league castigates “bling-bling.”And lastly, here is an excerpt on required genetic testing (from page 50):
Perhaps we should not find it surprising that an NBA player represents the first professional athlete petitioned to take a DNA test, that the player skipped college altogether, that the test was designed to detect the presence of an obscure illness, that comparable and less invasive exams had already been passed, and that an NBA team perceived broad public support and moral authority in orchestrating such a requisition. Indeed, the entire Eddy Curry affair appears consistent with the NBA’s grander effort to extract player rights, and to do so while enjoying broad situational support in the face of counter-factual evidence.As noted above, this is a pre-edited draft, so there may be a typographical error or two, and I would not be surprised if there are perhaps several blue-booking errors in the footnotes (and my apologies to the Journal's editors for that!). In any event, I hope that you get a chance to download and read it. Like I said, I very much welcome any feedback by e-mail.
Thursday, January 26, 2006
Who is the best QB in the draft?
If you ask most people, they'll say Matt Leinart or Vince Young. But is it actually Jay Cutler? Chris Mortenson thinks so. Cutler seems to be a bit of a cross between Matt Leinart and Vince Young. He's got a little stronger arm than Leinart, but he's a little more athletic. Playing in the SEC (the best football conference in the nation), Cutler through for over 3000 yards with a 21/9 TD/INT ratio. But this is playing with Vanderbilt, a team that traditionally really doesn't have a whole lot of talent. From all accounts, he's smart with the football, mobile enough, very good arm strength, and pretty durable. He was the first-team all-SEC QB as a freshman.
Where would I rate him? Hard to say at this point. I'd definitely still put Leinart above him, but to be honest, I'd have a real hard time deciding between Cutler and Young. But luckily, I don't have to.
Jim Mora sound clip
If you ever are in need of a good chuckle, here's a link for the Jim Mora "Playoffs? Don't talk about playoffs. Are you kidding me? Playoffs?"
Always a classic.
Always a classic.
SEC Takes Action for Fans Rushing the Court
The SEC did the right thing in fining the University of Tennessee as a penalty for its fans rushing the court after the upset win over Florida. The only problem -- $5,000 is not much of a fine. On the other hand, UT will likely take measures to prevent students from rushing the court again -- a second offense is $25,000, and a third will cost them $50,000. That will get a university's attention. (CNN/SI). The penalties are the result of a conference rule that went into effect in December 2004.
Andy Katz wondered if any other leagues have similar penalties and found only one -- the Big Ten imposes a fine of $10,000, but only after the third offense.
I have written about the dangers of students rushing the court on many occasions (column, post, post, post). And last fall, a student in Minnesota was killed by a falling goalpost when students stormed the field after a football game (10/27/05). How many serious injuries or deaths should it take for colleges to do what pro teams have done for decades -- keep fans off the field/court? Let's hope the other conferences follow the lead of the SEC before more injuries are caused by this preventable practice.
UPDATE: Skip at The Sports Economist has more on the economics of crowd control.
Andy Katz wondered if any other leagues have similar penalties and found only one -- the Big Ten imposes a fine of $10,000, but only after the third offense.
I have written about the dangers of students rushing the court on many occasions (column, post, post, post). And last fall, a student in Minnesota was killed by a falling goalpost when students stormed the field after a football game (10/27/05). How many serious injuries or deaths should it take for colleges to do what pro teams have done for decades -- keep fans off the field/court? Let's hope the other conferences follow the lead of the SEC before more injuries are caused by this preventable practice.
UPDATE: Skip at The Sports Economist has more on the economics of crowd control.
Wednesday, January 25, 2006
So much for that
A few days ago, Florida was looking like one of the best teams in the nation. Now? A loss to a good Tennessee is one thing, but a loss to 11-8 South Carolina? Well, that's not so good. At this point, they've gone from looking like one of the top two nations to not even being the best team in the SEC (here's looking at you Tennessee)Next up for Florida is a date with 12-4 Vandy.
Don't look now, but George Washington is 15-1 and ranked in the top 15. They look like the best Mid-Major team in the land, unless you still count Gonzaga as a Mid-Major.
Also, Louisville was able to take out Cincinnati, in a game that Rick Pitino called "must-win." And he was probably right. With a loss, they would have been 1-5 in the Big East, and fighting just to get in the Big East Tourney.
Also a few upsets, as Michigan took out Michigan St., Seton Hall beat NC State, in the biggest surprise of them all, Marshall beat West Virginia, a team that was looking more and more like an elite team. A great day of college basketball!
On again, off again, and back on again (for now!)
Well, in the past 2 days, here's what happened on the Artest/Stojakovic front:
- The Pacers and Kings agreed to a deal.
- Ron Artest decided he didn't want to play for the Kings.
- The Kings backed out of the trade.
- Stojakovic told the media he was upset with how he was treated.
- The Maloofs chatted with Ron Artest.
- Ron Artest decided he would play for the Kings.
- The deal is back on, and is now official.
As Bill Simmons would say, "The NBA. It's faaaaaaantastic!"
Talent-wise, the Kings win in a landslide. Artest is bar none one of the top defensive players in the NBA, and his offensive game has improved every year. Peja is a soft Euro-player with a great jumpshot that hasn't been so great this year. And the Kings weren't even going to resign him.
But as we know, Artest is the biggest enigma in the NBA. But I'll say this, if he's playing hard and his head is on straight, he's a top-20 player in the NBA.
In other news: For more proof that Billy Beane is the best GM in the MLB, look at his signing of Frank Thomas. Frank was the 2nd best hitter of the 90s, and even though he's declined, he's still a good hitter. He has above average power, and he has a great eye. If he's healthy, which is a big risk, he's a very good DH, a route that I wish the Twins would have pursued.
- The Pacers and Kings agreed to a deal.
- Ron Artest decided he didn't want to play for the Kings.
- The Kings backed out of the trade.
- Stojakovic told the media he was upset with how he was treated.
- The Maloofs chatted with Ron Artest.
- Ron Artest decided he would play for the Kings.
- The deal is back on, and is now official.
As Bill Simmons would say, "The NBA. It's faaaaaaantastic!"
Talent-wise, the Kings win in a landslide. Artest is bar none one of the top defensive players in the NBA, and his offensive game has improved every year. Peja is a soft Euro-player with a great jumpshot that hasn't been so great this year. And the Kings weren't even going to resign him.
But as we know, Artest is the biggest enigma in the NBA. But I'll say this, if he's playing hard and his head is on straight, he's a top-20 player in the NBA.
In other news: For more proof that Billy Beane is the best GM in the MLB, look at his signing of Frank Thomas. Frank was the 2nd best hitter of the 90s, and even though he's declined, he's still a good hitter. He has above average power, and he has a great eye. If he's healthy, which is a big risk, he's a very good DH, a route that I wish the Twins would have pursued.
Federal Judge: Anti-Scalping Law Unconstitutional
Not everyone who shelled out $300+ for a ticket to the Super Bowl in Detroit is thrilled to be seeing the Seahawks and the Steelers. But those with unwanted tickets can breathe (a little) easier after a court ruling last week. A federal judge held that a Detroit City Ordinance that prohibited the sale of sports or entertainment tickets at any price in public places (basically, an anti-scalping law) violated the First Amendment's protection of commercial speech. (Ashenfelter, "Taking a loss? You can sell that extra ticket," Det. Free Press, 01/20/06; Shepardson, "Federal judge axes Detroit's ban on scalping," Det. News, 01/19/06).
The court ruled -- under the Central Hudson test -- that the ordinance restricted lawful activity (the sale of a good at or below face value) and that the asserted government interests (regulating traffic and congestion; ensuring security of patrons) were not substantial and not furthered by the law. The court distinguished the sale of tickets at or below face value from re-sale above face value, which is illegal under Michigan law. So, you can get your money back, but if you want a profit, better to try eBay. You can read the court's opinion here.
For one take on scalping laws, see "The Follies of Anti-Scalping Laws" by Happel and Jennings. For an economic perspective, see "Another Look at Anti-Scalping Laws: Theory and Evidence" by Depken.
The court ruled -- under the Central Hudson test -- that the ordinance restricted lawful activity (the sale of a good at or below face value) and that the asserted government interests (regulating traffic and congestion; ensuring security of patrons) were not substantial and not furthered by the law. The court distinguished the sale of tickets at or below face value from re-sale above face value, which is illegal under Michigan law. So, you can get your money back, but if you want a profit, better to try eBay. You can read the court's opinion here.
For one take on scalping laws, see "The Follies of Anti-Scalping Laws" by Happel and Jennings. For an economic perspective, see "Another Look at Anti-Scalping Laws: Theory and Evidence" by Depken.
Tuesday, January 24, 2006
CUSA Refs Choke after Penders Passes Out
Conference USA's assistant commissioner Chris Woolard issued a statement on Monday, January 23, 2006 admitting that the officiating crew handling the Houston-UAB men's basketball game on Saturday, January 21, 2006 "exercised poor judgment" by refusing to rescind a technical foul assessed to Cougars coach Tom Penders after Penders was rushed from the floor on a stretcher after collapsing on the UH sideline.
Penders fell face first onto the court after watching the Coogs' leading scorer, Oliver Lafayette, get whistled for a foul as UAB's Wen Mukubu drove to the basket late in the first half. Apparently believing that Penders was reacting to his disbelief with the foul call, an official issued a technical foul on Penders. Penders, who has a defibrillator in his chest as the result of a congenital heart defect, collapsed as a result of that heart condition and a bout with dehydration, Houston officials told the USA Today. However, even after Penders was wheeled out off of the court by medical personnel, the officials refused to rescind the technical foul assessed to him, apparently alleging either that he should have more appropriately collapsed away from the field of play or that they were not impressed by the lengths to which Penders was taking his theatrical play. Penders did return to coach the second half of the game without further incident, but the Cougars lost the game by three points (UAB made both technical free throws).
C-USA's statement alleges that "appropriate action will be taken" against the officiating crew in question, but no details were released. According to Michael Murphy of the Houston Chronicle, this bone-headed decision was not the only role that the zebras had in the outcome of the game. The officiating crew of Harrell Allen, Frankie Bordeaux and John Hampton called 45 fouls on the two teams, who shot a combined 59 free throws. Admittedly, I have seen only highlights of this game so I cannot comment on the effect that the incessant whistle-blowing and the Penders incident had on the flow of the game and its eventual final outcome, but at some point, should officials who are apparently this incompetent be required to face public questioning about their performance, just as Penders and his players are required to do after they have a terrible game?
Penders fell face first onto the court after watching the Coogs' leading scorer, Oliver Lafayette, get whistled for a foul as UAB's Wen Mukubu drove to the basket late in the first half. Apparently believing that Penders was reacting to his disbelief with the foul call, an official issued a technical foul on Penders. Penders, who has a defibrillator in his chest as the result of a congenital heart defect, collapsed as a result of that heart condition and a bout with dehydration, Houston officials told the USA Today. However, even after Penders was wheeled out off of the court by medical personnel, the officials refused to rescind the technical foul assessed to him, apparently alleging either that he should have more appropriately collapsed away from the field of play or that they were not impressed by the lengths to which Penders was taking his theatrical play. Penders did return to coach the second half of the game without further incident, but the Cougars lost the game by three points (UAB made both technical free throws).
C-USA's statement alleges that "appropriate action will be taken" against the officiating crew in question, but no details were released. According to Michael Murphy of the Houston Chronicle, this bone-headed decision was not the only role that the zebras had in the outcome of the game. The officiating crew of Harrell Allen, Frankie Bordeaux and John Hampton called 45 fouls on the two teams, who shot a combined 59 free throws. Admittedly, I have seen only highlights of this game so I cannot comment on the effect that the incessant whistle-blowing and the Penders incident had on the flow of the game and its eventual final outcome, but at some point, should officials who are apparently this incompetent be required to face public questioning about their performance, just as Penders and his players are required to do after they have a terrible game?
Monday, January 23, 2006
Kobe Bryant: Best Game Ever?
A lot of writers have brought this up today, including (but not limited to!) Marc Stein and John Hollinger of ESPN, and I think it's an interesting discussion.Hollinger's argument that Bryant's 81 was greater than Wilt's 100 is basically the following: Bryant was more efficient in his scoring (17 less FG attempts and 12 less FT attempts... in 6 less minutes). In Wilt's game, the Warriors fouled with the game out of hand in order to get the ball back for Wilt. And last, the game was totally different. When Wilt scored 100, it was a very fast paced game (169-147 was the final score), and Wilt was playing more against short white dudes.
And what's all this I hear about Kobe being a ballhog in this game? The man shot over 60% from the floor, his teammates shot 33%. The Lakers were down by double digits at the half, until Kobe went into "screw this, I have to win this by myself" mode, scored 55 second half points, and they won the game. Awesome.
Best performance ever? I don't know that I'd disagree.
Cold Shoulder
Things are getting ugly in Houston between the greatest player in Astros history, 1B Jeff Bagwell, and team owner Drayton McLane. Houston Chronicle columnist Richard Justice summed up the current situation in a column in Sunday's Chronicle, describing the looming stalemate between player and management regarding Bagwell's future as a player for the Astros.
January 31, 2006 is the deadline for the Astros to file a disability claim on an insurance policy that the Astros took out on Bagwell at the time that he signed a five-year, $85 million contract after the 2000 season. Bagwell put up incredible offensive numbers throughout most of the 1990's, despite spending much of the decade hitting in the cavernous Astrodome. Of the first ten seasons that Bagwell spent in the major leagues, he made over $6.5 million only twice, despite making four NL All-Star teams, being named the NL Rookie of the Year in 1991, winning the NL MVP award in the strike-shortened 1994 season and leading his team to the postseason in 1997, 1998 and 1999. From a business perspective, he and Craig Biggio were the faces of a franchise beloved enough by its fans to support the construction of then-Enron Field (now Minute Maid Park). After the 2000 season, Bagwell was finally awarded with a substantial but heavily backloaded contract - money that he unquestionably had earned while being underpaid for several seasons as compared to other MLB first baemen during those years.
Bagwell was always known for his intense weight training regimen, and between 1996 and 2004 he played in all but 31 of his team's 1,296 regular season games. Off the field, Bagwell was held out by his teammates and his competitors as the consummate professional and clubhouse leader, quietly setting an example and serving as a role model for the young players surrounding him. Sadly, Bagwell's health took a devastating turn in 2005, when a bothersome degenerative shoulder condition sidelined him for all but 39 games, with most of those being to limited to pinch-hit appearances down the stretch of the season due to the fact that his shoulder condition prevented him from being able to throw a ball.
Now Bagwell's inability to throw, which also plagued him for a couple of seasons prior to 2005, and the $17 million guaranteed to him for the 2006 season have rendered him a target in the eyes of memory-deprived Houston fans as well as management. Astros representatives claim that if Bagwell cannot throw, then he is "disabled" pursuant to the terms of his contract with the team, and the Astros are entitled to receive $15.6 million in insurance proceeds. Bagwell believes that he can play and should be given every opportunity to prove so in spring training, which is still more than six weeks away. In a USA Today report, Bagwell is quoted as saying, "Nothing is going to keep me from attempting to play baseball next season. Nothing." It appears, according to Justice's report, that the Astros are prepared to forcibly shelve arguably the greatest player in team history against his wishes, a move that would potentially save the team $15.6 million but that may lead to an ugly courtroom fight and irreparable damage in the eyes of Astros players and fans.
This situation inspires many legal and ethical questions, including several that are specific to major league baseball, where contracts are guaranteed, unlike the NFL where teams have the ability to shed players (and their accompanying salaries) in the event that they encounter health problems that prevent them from performing up the team's desired standards. It also sends a message to professional athletes that putting off a big payday at the present with hopes of a bigger one down the road may come with its own unique share of consequences. If one was to compare the average performance and salary of Bagwell over the course of his entire career to those performances and salaries of others in similar roles, the results would likely indicate that Bagwell's performance was above-average and his salary was reasonable and deserved. However, the fact that a large chunk of that money is being paid to him at a point where he is no longer able to perform up to the levels that he did during the prime of his career has resulted in a heart-wrenching fight that seems likely to leave a permanent stain on a Hall of Fame career. As with the A-Rod sweepstakes several years ago, the players' union's stranglehold also prevents any individual player from opting to decrease the amount due to him under his contract, regardless of his own wishes and cirucmstances. While there are few situations in which multi-millionaire athletes like Bagwell deserve our heartfelt pity, unfortunate situations like this one certainly prove that the collective greed and ego of the players and owners leave little room for compromise and great opportunity for heartbreak.
January 31, 2006 is the deadline for the Astros to file a disability claim on an insurance policy that the Astros took out on Bagwell at the time that he signed a five-year, $85 million contract after the 2000 season. Bagwell put up incredible offensive numbers throughout most of the 1990's, despite spending much of the decade hitting in the cavernous Astrodome. Of the first ten seasons that Bagwell spent in the major leagues, he made over $6.5 million only twice, despite making four NL All-Star teams, being named the NL Rookie of the Year in 1991, winning the NL MVP award in the strike-shortened 1994 season and leading his team to the postseason in 1997, 1998 and 1999. From a business perspective, he and Craig Biggio were the faces of a franchise beloved enough by its fans to support the construction of then-Enron Field (now Minute Maid Park). After the 2000 season, Bagwell was finally awarded with a substantial but heavily backloaded contract - money that he unquestionably had earned while being underpaid for several seasons as compared to other MLB first baemen during those years.
Bagwell was always known for his intense weight training regimen, and between 1996 and 2004 he played in all but 31 of his team's 1,296 regular season games. Off the field, Bagwell was held out by his teammates and his competitors as the consummate professional and clubhouse leader, quietly setting an example and serving as a role model for the young players surrounding him. Sadly, Bagwell's health took a devastating turn in 2005, when a bothersome degenerative shoulder condition sidelined him for all but 39 games, with most of those being to limited to pinch-hit appearances down the stretch of the season due to the fact that his shoulder condition prevented him from being able to throw a ball.
Now Bagwell's inability to throw, which also plagued him for a couple of seasons prior to 2005, and the $17 million guaranteed to him for the 2006 season have rendered him a target in the eyes of memory-deprived Houston fans as well as management. Astros representatives claim that if Bagwell cannot throw, then he is "disabled" pursuant to the terms of his contract with the team, and the Astros are entitled to receive $15.6 million in insurance proceeds. Bagwell believes that he can play and should be given every opportunity to prove so in spring training, which is still more than six weeks away. In a USA Today report, Bagwell is quoted as saying, "Nothing is going to keep me from attempting to play baseball next season. Nothing." It appears, according to Justice's report, that the Astros are prepared to forcibly shelve arguably the greatest player in team history against his wishes, a move that would potentially save the team $15.6 million but that may lead to an ugly courtroom fight and irreparable damage in the eyes of Astros players and fans.
This situation inspires many legal and ethical questions, including several that are specific to major league baseball, where contracts are guaranteed, unlike the NFL where teams have the ability to shed players (and their accompanying salaries) in the event that they encounter health problems that prevent them from performing up the team's desired standards. It also sends a message to professional athletes that putting off a big payday at the present with hopes of a bigger one down the road may come with its own unique share of consequences. If one was to compare the average performance and salary of Bagwell over the course of his entire career to those performances and salaries of others in similar roles, the results would likely indicate that Bagwell's performance was above-average and his salary was reasonable and deserved. However, the fact that a large chunk of that money is being paid to him at a point where he is no longer able to perform up to the levels that he did during the prime of his career has resulted in a heart-wrenching fight that seems likely to leave a permanent stain on a Hall of Fame career. As with the A-Rod sweepstakes several years ago, the players' union's stranglehold also prevents any individual player from opting to decrease the amount due to him under his contract, regardless of his own wishes and cirucmstances. While there are few situations in which multi-millionaire athletes like Bagwell deserve our heartfelt pity, unfortunate situations like this one certainly prove that the collective greed and ego of the players and owners leave little room for compromise and great opportunity for heartbreak.
Sunday, January 22, 2006
Kobe Bryant Scores 81 Points in Game Against Raptors
Now seems as good a time as ever to invite you to read my law review article "Illegal Defense: The Irrational Economics of Banning High School Players from the NBA Draft."Seriously, that was quite a performance by Kobe last night. 81 points, on 28-46 shooting, is probably the most points we'll see scored in a very, very long time. In fact, it is the second-highest one-game total in NBA history, behind Wilt Chamberlain's 100 in 1962. Just think: Michael Jordan, George Gervin, Larry Bird, Dominque Wilkins, David Thompson, Bill Russell, Magic Johnson, Clyde Drexler, Reggie Miller--none of them accomplished Kobe's feat last night.
And, like his three championship rings, Kobe thrived last night despite not having ever played one minute of college basketball. Somehow, someway, he persevered.
And isn't it amazing that, by most accounts, five of the top 10 players in the NBA skipped college (Kobe Bryant, Lebron James, Kevin Garnett, Amare Stoudemire, and Tracy McGrady)--and guys like Jermaine O'Neal, Al Harrington, Eddy Curry, and Rashard Lewis aren't too shabby either--and yet only 8 percent of the 450 or so NBA players skipped college? And then you think about the success of guys like Al Jefferson, Dwight Howard, J.R. Smith, Josh Smith, Shaun Livingston, Sebastian Telfair and (certainly based on the last month) Kendrick Perkins, and you begin to wonder why the NBA, if it had its way, would have prevented all of them from entering the NBA until after they played abroad for a year or, more likely, for a college or university that would have generated a lot of money from them?
Oh, wait, maybe that last point has something to do with the new NBA age limit. Hmm.
Kobe scores 81
28/46 FG, 7/13 3-Point FG, 18/20 FT, 81 points.
This just in, that Kobe guy is very, very good.
This just in, that Kobe guy is very, very good.
Your Super Bowl Matchup is set...
And what a yawner the Conference Title games were. In the early game, Pittsburgh jumped out early against Denver and never looked back, winning 34-17. In the late game, the story was much the same, with Seattle beating Carolina 34-14. Some thoughts:
- Well, the Jake Plummer self-destruction happened one week later than I thought. As was thought all along, if you take away the Broncos running game and make Jake "The Snake" Plummer beat you, he can't. He had 2 bad INT, and a couple of fumbles, resulting in 4 turnovers, and the Broncos never really had a consistent offense for most of the game.
- I think Ben Roethlisberger might be a top 5 QB. I know they predicate the offense on the run, and I know that they have a great defense. But the guy is 26-4 as a starter. 26-4. Last year in the conference title game against New England he absolutely laid an egg, and was one of the big reasons they lost, but throughout these playoffs, he's made good decisions and made great throws. Pittsburgh absolutely shredded a very good Denver defense, and that surprised me.
- I've never really been a huge Jerome Bettis fan, but I can't help but cheer for him and respect him, even if he's not really a very good player anymore.
- Troy Polamalu is the best safety in the NFL. That play he made today where Denver ran a screen, and he got blocked and was on the way down to the ground, but still made a tackle to stop Denver short of the first down was awesome.
- Maybe I'm reading too much into this, but I think if there was a key play early on, it was when Denver ran the ball on 3rd & 10 at the 12, already down 10-0. They basically conceded for the possession to just try a FG. Again, I could be reading way too much into it, but I can't imagine that'd be a big help to Jake Plummer's confidence.
- I think Seattle played basically a perfect game, aside from the Steve Smith punt return for a TD. They controlled the ball, Matt Hasselbeck was very efficient, and they played great defense. They were able to put Jake "Daylight come and you got to" Delhomme, which forced him into some awful throws, and they had great coverage on Steve Smith. Great performance by the Seattle defense.
- For the second straight year, injuries to the RB position really hurt Carolina. With Stephen Davis and Deshaun Foster already out, they were having trouble running the ball, and then Nick Goings got hurt, and they couldn't establish any type of running game with Jamal Robertson.
- I think the Super Bowl will be better than either of these conference championship games. I mean, it can't get much worse, can it?
- Well, the Jake Plummer self-destruction happened one week later than I thought. As was thought all along, if you take away the Broncos running game and make Jake "The Snake" Plummer beat you, he can't. He had 2 bad INT, and a couple of fumbles, resulting in 4 turnovers, and the Broncos never really had a consistent offense for most of the game.
- I think Ben Roethlisberger might be a top 5 QB. I know they predicate the offense on the run, and I know that they have a great defense. But the guy is 26-4 as a starter. 26-4. Last year in the conference title game against New England he absolutely laid an egg, and was one of the big reasons they lost, but throughout these playoffs, he's made good decisions and made great throws. Pittsburgh absolutely shredded a very good Denver defense, and that surprised me.
- I've never really been a huge Jerome Bettis fan, but I can't help but cheer for him and respect him, even if he's not really a very good player anymore.
- Troy Polamalu is the best safety in the NFL. That play he made today where Denver ran a screen, and he got blocked and was on the way down to the ground, but still made a tackle to stop Denver short of the first down was awesome.
- Maybe I'm reading too much into this, but I think if there was a key play early on, it was when Denver ran the ball on 3rd & 10 at the 12, already down 10-0. They basically conceded for the possession to just try a FG. Again, I could be reading way too much into it, but I can't imagine that'd be a big help to Jake Plummer's confidence.
- I think Seattle played basically a perfect game, aside from the Steve Smith punt return for a TD. They controlled the ball, Matt Hasselbeck was very efficient, and they played great defense. They were able to put Jake "Daylight come and you got to" Delhomme, which forced him into some awful throws, and they had great coverage on Steve Smith. Great performance by the Seattle defense.
- For the second straight year, injuries to the RB position really hurt Carolina. With Stephen Davis and Deshaun Foster already out, they were having trouble running the ball, and then Nick Goings got hurt, and they couldn't establish any type of running game with Jamal Robertson.
- I think the Super Bowl will be better than either of these conference championship games. I mean, it can't get much worse, can it?
Saturday, January 21, 2006
And then there were none
One little Indian boy left all alone;
He went and hanged himself
...and then there were none.
And just like, there are no undefeated teams in college basketball. Three days ago, there were three of them, they were each coming off a victory, and I was speculating about how long they'd go.
Now, #1 Duke loses to Georgetown.
#2 Florida loses to Tennessee.
#9 Pittsburgh loses to St. John's.
None of these teams were ranked, although I'm guessing Tennessee and Georgetown will be ranked now. However, the biggest surprise of the day was... that this wasn't the biggest surprise of the day. That belonged to #13 Wisconson, who lost to North Dakota State University, a provisional D-1 school that happens to be located about an hour away from me, and was coming off of a loss to Utah Valley St. The loss snapped Wisconsin's 27 game home winning streak against non-conference foes.
Let's look at Wisconsin's numbers for the game, a 62-55 loss:
16/72 FG (22.2%)
4/27 3-Point FG (a very low %)
The Badgers two leading scorers, Alando Tucker (2/18) and Kammron Taylor (6/24) shot a combined 8 for 42. 8 FOR 42!!
And that, my friends, is the rest of the story.
He went and hanged himself
...and then there were none.
And just like, there are no undefeated teams in college basketball. Three days ago, there were three of them, they were each coming off a victory, and I was speculating about how long they'd go.
Now, #1 Duke loses to Georgetown.
#2 Florida loses to Tennessee.
#9 Pittsburgh loses to St. John's.
None of these teams were ranked, although I'm guessing Tennessee and Georgetown will be ranked now. However, the biggest surprise of the day was... that this wasn't the biggest surprise of the day. That belonged to #13 Wisconson, who lost to North Dakota State University, a provisional D-1 school that happens to be located about an hour away from me, and was coming off of a loss to Utah Valley St. The loss snapped Wisconsin's 27 game home winning streak against non-conference foes.
Let's look at Wisconsin's numbers for the game, a 62-55 loss:
16/72 FG (22.2%)
4/27 3-Point FG (a very low %)
The Badgers two leading scorers, Alando Tucker (2/18) and Kammron Taylor (6/24) shot a combined 8 for 42. 8 FOR 42!!
And that, my friends, is the rest of the story.
Breaking an Unwritten Rule? Coaches Who Talk about Their Players' Intelligence
Reading the Boston Herald this morning, a quote from Boston Celtics' coach Doc Rivers stuck out. (Steve Bulpett, "Blount and Banks Pine for Action," Boston Herald, Jan. 21, 2006). It concerns his decision to elevate rookie point guard Orien Greene to the back-up point guard position, while demoting veteran point guard Marcus Banks (pictured to the left with Rivers) to third-string status:“Orien is definitely the backup point,” said Rivers. “There’s no doubt about that. Orien’s more solid, smarter, stronger, bigger. He gives me some size at that position. He just does a lot of little things that I like.”"Smarter"? Sure, he is likely referring to Banks' "basketball smarts," or lack there-of, but it's not certain and his lack of specificity may be meaningful or at least damning. To publicly chastise a player's intelligence strikes me as a little inappropriate. Sure, we do it all the time with certain athletes (e.g., Manny Ramirez), just as we poke fun of politicians (e.g., think of your favorite joke about President Bush and I bet it pertains to his perceived intelligence) as well as celebrities (especially when they start opining about matters beyond their knowledge--e.g., Jane Fonda endorsing North Vietnamese treatment of American prisoners of war).
But it seems different when a coach publicly comments about a player's intelligence. I imagine we might feel similarly if a senator publicly called John Kerry "smarter" than George Bush, or if another actor called Alec Baldwin smarter than Jane Fonda (bad example!). There seems to be an unwritten rule that they shouldn't do that--call it a "situational deference" that is accorded to persons within a particular situation (think about all those times when you've told your friends or co-workers "just don't go there" with a certain remark because you were concerned about its possible effect on others present -- that's the situation at-play).
Should coaches talk about their players' intelligence? Is there really an unwritten rule at-play?
Friday, January 20, 2006
Conference Championship Picks; Other Football Thoughts
Broncos/Steelers: The 2 seed at home versus the 6 seed. On paper, looking at records, the Broncos have to be the favorites, and they, at -3 according to the oddsmakers. On paper, the Colts were favored by 10 points over Pittsburgh, but the Steelers came out and had their way with them. As Kenny Maybe says, “We know these games aren’t played on paper, but by little men inside our TV sets.”
And I think those little men will provide a very good game. Both teams are effective running the ball, have “efficient” quarterbacks (oh crap, I just said Jake Plummer is efficient), and very good defenses. This game, I believe, will come down to Quarterbacks and Special Teams.
For that reason, I like Pittsburgh, because I think Ben Roethlisberger is a very good QB, and Antwaan Randle El is capable of making big plays in the return game. I think both teams will be able to neutralize the other teams’ rushing attack, but Randle El will be able to help in the field position game, and Roethlisberger will make a couple of big plays, specifically to TE Heath Miller, just like last week. Because of Big Ben, my pick is with Pittsburgh in a close, relatively low-scoring game.
Steelers 20-14
Seahwaks/Panthers: The Seahawks are undefeated at home, and the Panthers will be without their top RB, and the Seahakws should have the MVP Shaun Alexander back. Seahawks win, right? As Lee Corso would say, “not so fast my friend!” The Panthers will still have the best player on the field (Steve Smith), the better defense, and the better coach.
Quarterback wise, I think it’s about a wash. Hasselbeck and Delhomme are both very solid, and both can make plays, as they showed last week. Alexander and the Seahawks O-Line gives Seattle en edge in the rushing game, but Nick Goings is no scrub. I think this one will come down to Steve Smith and Jake Delhomme making plays, and the Panthers defense coming up with a stop late in the game when they need to. The Seahawks have the home-field advantage, but the Panthers have already won on the road twice in this postseason.
Panthers 24-20
Other News: According to si.com, who quotes the St. Paul Pioneer Press, "It now seems that the Vikings will trade troubled quarterback Daunte Culpepper to the highest bidder, which could be Oakland or Baltimore, in early March."
This sucks. Daunte had one of the best years ever two years ago, and even though he had a bad year last year before he got hurt, I'm confident he will be the franchise player, especially under Brad Childress. Of course, it doesn't help when you demand a raise after throwing 6 TD and 12 INT, and then majorly hurting your knee, as Daunte has done. I'm hoping this all gets resolved and Daunte is the Minnesota Vikings opening-day starter.
And I think those little men will provide a very good game. Both teams are effective running the ball, have “efficient” quarterbacks (oh crap, I just said Jake Plummer is efficient), and very good defenses. This game, I believe, will come down to Quarterbacks and Special Teams.
For that reason, I like Pittsburgh, because I think Ben Roethlisberger is a very good QB, and Antwaan Randle El is capable of making big plays in the return game. I think both teams will be able to neutralize the other teams’ rushing attack, but Randle El will be able to help in the field position game, and Roethlisberger will make a couple of big plays, specifically to TE Heath Miller, just like last week. Because of Big Ben, my pick is with Pittsburgh in a close, relatively low-scoring game.
Steelers 20-14
Seahwaks/Panthers: The Seahawks are undefeated at home, and the Panthers will be without their top RB, and the Seahakws should have the MVP Shaun Alexander back. Seahawks win, right? As Lee Corso would say, “not so fast my friend!” The Panthers will still have the best player on the field (Steve Smith), the better defense, and the better coach.
Quarterback wise, I think it’s about a wash. Hasselbeck and Delhomme are both very solid, and both can make plays, as they showed last week. Alexander and the Seahawks O-Line gives Seattle en edge in the rushing game, but Nick Goings is no scrub. I think this one will come down to Steve Smith and Jake Delhomme making plays, and the Panthers defense coming up with a stop late in the game when they need to. The Seahawks have the home-field advantage, but the Panthers have already won on the road twice in this postseason.
Panthers 24-20
Other News: According to si.com, who quotes the St. Paul Pioneer Press, "It now seems that the Vikings will trade troubled quarterback Daunte Culpepper to the highest bidder, which could be Oakland or Baltimore, in early March."
This sucks. Daunte had one of the best years ever two years ago, and even though he had a bad year last year before he got hurt, I'm confident he will be the franchise player, especially under Brad Childress. Of course, it doesn't help when you demand a raise after throwing 6 TD and 12 INT, and then majorly hurting your knee, as Daunte has done. I'm hoping this all gets resolved and Daunte is the Minnesota Vikings opening-day starter.
Lifetime Baseball Ticket for Iran Hostages
25 years ago today, the day Ronald Reagan was sworn in as the 40th U.S. President, Iran released the 52 Americans being held hostage by student revolutionaries (a leader of which, Mahmoud Ahmadinejad--allegedly pictured above, third from left--is now Iran's president). The students were upset that the United States had admitted Iran's ailing and deposed shah, Mohammad Reza Pahlavi, in for medical treatment (we can only imagine the kinds of people who would hurt innocent persons because others receive medical care). The hostages were diplomats and military personnel, and they were held for a harrowing 444 days, during which time they were regularly blindfolded, tied, and tortured.When they returned to the U.S., they were greeted with parades and other welcome-back festivities. Unbeknownst to at least me and I suspect others, they also received an extraordinary gift from Major League Baseball: a lifetime pass to any major or minor league game. Les Carpenter of the Washington Post details how some of them have used their pass over the last 25 years. (Carpenter, "Safe at Home," Washington Post, 1/20/2006, at A01). Some have used it often, others never, and others have used it to help heal family problems generated by the hostage crisis.
Here is how the idea emerged:
What is the reward for suffering? Baseball commissioner Bowie Kuhn discussed the topic one day in the middle of the hostage crisis with Jeremiah Denton, a Navy admiral who had been held captive in Vietnam and later became a senator from Alabama, as they sat at a baseball game in Cincinnati. Sometime that afternoon, Kuhn is convinced, the idea of a lifetime baseball pass was discussed, though he can't remember the actual conversation. What he does know is that the gift is unique. "You know, I'd be hard-pressed to tell you that we gave out passes to anyone other than them," Kuhn, who retired in 1984, said recently.Obviously, nothing can compensate for what those hostages endured, but a lifetime ticket is certainly a nice gesture. Major League Baseball has often been criticized over the years, but they did right on this one.
Having said that, I had a question after reading this piece: Not to dampen the feel-goodness of this story, but if we assume that the ticket is non-transferable, then what happens if some of the ex-hostages hate baseball and want to sell it, especially those in need of money? If the ticket doesn't require an I.D., then presumably that wouldn't be much of a problem. But does it require an I.D.? The article at one point alludes to an ex-hostage telling a ticket window "who he is," so perhaps there is some kind identification required. While many of us would find a lifetime baseball ticket of extraordinary valuable, we all know people who would never use it. One would hope they too have found value in the ticket.
One other thought: if the lifetime ticket could somehow be sold or traded, would the "lifetime" duration remain tied to the lifespan of the ex-hostage who received the ticket, or the new owner/possessor?
A Few Good Links
As the weekend thankfully approaches, here are few posts worth checking out:
1) Professor Gregory Bowman at Law Career Blog helps law students compare law firms. A useful and engaging commentary for those students interested in working in law firms, and particularly those who value things like quality of life and firm culture:
Bonus Link: My friend Jennifer Yen is staring in a film called Stalemates. She doesn't appear to be using her law degree, though, as she plays an assassin. Anyway, it's nice to see attorneys who have other life skills (although some say all litigators are really actors, so who knows).
1) Professor Gregory Bowman at Law Career Blog helps law students compare law firms. A useful and engaging commentary for those students interested in working in law firms, and particularly those who value things like quality of life and firm culture:
[H]ow are associate compensation schemes and law firm culture related? Average salaries are only the tip of the informational iceberg, and compensation schemes vary widely . . . Compensation set by committee means that there are insiders and outsiders--and try as you might, someone gets shafted. And the process becomes enormously political. The "Eat What you Kill" approach lowers the infighting factor, but it leads some partners to hoard work if they can get paid more for doing work themselves instead of handing it off. That, of course, is bad for the associates.2) Professor Mike Dimino at Concurring Opinions compares criticism of referees with criticism of judges. Earlier this week, John Powers (are referees too old?) and Greg Skidmore (did the NFL sandbag Pete Morelli?) both analyzed referees, and Professor Dimino provides another terrific analysis:
My question is predominantly a practical one: Do restrictions on criticism of sports officials add to their respect? Does a sports league, or do individual officials, gain anything when the league prohibits a coach from saying that a particular official blew a call when replay after replay makes that fact clear to everyone? Is the speech ban prophylactic, in that the real goal is to eliminate comments relating to potential bias or limit violence? What, then, explains the leagues' apparent acceptance of on-field criticisms of officials (e.g., Marv Levy: "You over-officious jerk!")?3) Sports Law Blog reader Kirk LeCureux has just started US Rugby Blog, a blog dedicated to starting a professional rugby league in the United States. Would such a league work? Would American consumers find rugby "too foreign"?
Bonus Link: My friend Jennifer Yen is staring in a film called Stalemates. She doesn't appear to be using her law degree, though, as she plays an assassin. Anyway, it's nice to see attorneys who have other life skills (although some say all litigators are really actors, so who knows).
Thursday, January 19, 2006
Minnesota Vikings Draft; 2001-2005
I've got some time to kill, so I'll check the first three rounds and any other notable picks for the Vikings since 2001.2001
Michael Bennett (#27 Overall) - Coming out he was known as a guy with great speed but not great vision. Which is pretty much exactly what he was. He did have one very good year where he almost made the Pro Bowl, but he has not really been the same ever since he broke his foot. Still has great speed, but the cutting ability? Not so much. Should be, and probably will be gone this offseason. B-.
Willie Howard (#57 Overall) - Played sparingly, and is no longer with the team. Pretty disappointing for a 2nd round pick. C-.
Eric Kelly (#69 Overall) - He started for a while when MIN was really desparate, but he was never really good. Not an awful pick, I suppose. C+.
Brock Howard (#89 Overall) - I can't recall him ever playing for Minnesota. F.
Other Notable Picks: None.
2002
Bryant McKinnie (#7 Overall) - He was a camp holdout that barely got signed in time, but has been the LT since day 1. He's been a little inconsistent, but he was their best OL last year. B+.
Raonall Smith (#39 Overall) - He's been fairly productive when he's played, only problem is he's had lots of trouble staying healthy. C-.
Willie Offord (#70 Overall) - He's been on-and-off. When he plays, he's fairly productive. Missed almost all of last year. B.
Other Notable Picks: Brian Williams (#105 Overall, great value for the 4th round. A)
2003
Kevin Williams (#9 Overall) - Was not that great last year, but was one of the best DT in the NFL for his first two years. A.
EJ Henderson (#40 Overall) - Was hailed as the middle LB after Greg Biekert left, but has never really fulfilled the expectations. Still was a decently productive player last year for the Vikings. B-.
Nate Burleson (#71 Overall) - Was a great #2 beside Randy Moss, but struggled through injuries last year. Good hands, runs great routes, and despite great speed, is very good after the catch. For a third rounder, I'll take it. A.
Other Notable Picks: Onterrio Smith (#105 Overall) - Proclaimed himself the S.O.D. after he was picked, and was Minnesota's best RB when they made the playoffs. Too bad playing in the NFL wasn't enough to convince him to lay off the drugs. C+)
2004
Kenechi Udeze (#20 Overall) - Has flashed some potential, but hasn't been healthy in his two years. I still think he can be a good pass rusher. B-.
DonTarrious Thomas (#48 Overall) - Very good athletic ability, but doesn't seem to 'get it' yet. Will get more chances to prove himself. B-.
Darrion Scott (#88 Overall) - Was very solid for the Vikings last year after Udeze got hurt. For a third rounder, he's had very good value. B+.
Other Notable Picks: Mewelde Moore (#119 Overall, has been the Vikings most consistent RB over the past two years. Good pass catcher, has good vision, and is also a very solid PR. A+)
Rod Davis (#155 Overall, backup MLB this year. Nice value for where he was picked. B)
Spencer Johnson (Undrafted, has played reasonably well. Can't complain for a guy that wasn't even drafted. A)
2005
Troy Williamson (#7 Overall) - Showed flashes of being very good, and showed at times he was a rookie. I AM glad we went with him over Mike Williams. B.
Erasmus James (#18 Overall) - Came to camp late, so he didn't consistently play until later in the year. But when he finally did get on the field, he showed he is capable of getting to the QB. B+.
Marcus Johnson (#49 Overall) - Started from Day 1, shuffled between LG and RT, which in hindsight, he wasn't really ready for, but they didn't have anything else. But, I think he'll wind up to be a real solid player. B+.
Dustin Fox (#80 Overall) - Was hurt all year. N/A.
Other Notable Picks: Ciatrick Fason (#112 Overall, Tice played him as a short-yardage back, which is not really his game. Though come to think of it, I'm not sure yet what his game is. We didn't see enough of him. B-)
CJ Mosley (#191 Overall, Played very well as a rookie, especially when Kevin Williams went down. Very solid 6th Rounder. A)
What does this show? I don't know exactly. But I just started typing it out, and much like Pringles, once you pop, you can't stop.
Fight Night with the. . .NBA? Torts 101
Law professors all over the U.S. have new fodder for a cool new law exam question.So get the facts, and allow me to do something I've always wanted to do: "Evaluate plausible liabilities;" or, "Discuss all plausible tort claims."
I know I'm opening the proverbial can of worms here, and I welcome all comments (don't get into who owns United Center, etc.), but after a quick perusal of the facts, here are some cursory thoughts:
Mrs. Davis vs. Fan
Assault: Mrs. Davis must prove (1) apprehension of (2) immediate battery. She would argue that she was facing Fan and felt reasonably threatened, and that Fan knew with substantial certainty that his acts would cause such apprehension.
Fan uses affirmative defense, saying that by attending the game, Mrs. Davis impliedly consents to being the subject of a reasonable amount of taunting; after all, professional sports venues are customarily confrontational. Thus, he'll argue, Mrs. Davis' apprehension was unreasonable.
Fan may argue self defense, if she indeed was yelling at him.
Battery: The facts speak to Fan touching Mrs. Davis' arm. Mrs. Davis must prove (1) harmful or offensive contact (2) with her person.
Fan could defend himself by saying Mrs. Davis is being "super-sensitive," and he had no reason to know of her sensitivity to a simple touch. He could also assert the same defenses as he did for assault.
Mrs. (and Mr.) Davis vs. United Center
Negligence: Davises argue that Owners owe a duty to relatives of visiting players, that the duty was breached by lack of security or bad seating arrangements. But for bad security, Mrs. Davis would not have been subjected to the ensuing harrassment, assault, battery.
Davises could argue negligence in unreasonably selling beer.
Fan vs. United Center
Negligence: Citing recent developments
, Fan would argue that United Center security breached their duty to the fans by not providing enough security to keep players out of the stands.
Memo to NBA players: DON'T GO INTO THE STANDS. EVER.
Fan v. Mr. Davis
Assault: Fan argues that once Mr. Davis (6'9'' 265) walked toward him, Fan was reasonable in feeling apprehension of immediate battery. Mr. Davis could assert the affirmative defense of defense of others, arguing that even if he was mistaken as to Mrs. Davis' endangerment, he reasonably believed she was in danger.
False imprisonment: Fan argues that Mr. Davis' threatening present was a sufficient enough act of restraint to keep Fan in a bounded area.
Fan vs. Knicks: Theory of respondeat superior.
There are a myriad other liabilities, issues, defenses and theories, including Me vs. NBA for intentional infliction of emotional distress. But, have at it, have fun at it.
From Poms to Pain
As cheerleading squads have moved from a focus on simple support for the team that they are representing into teams separate from the sport that they are cheering on, the moves and routines utilized by cheerleaders have become less stationary pom-pom to difficult and dangerous gymnastic-type moves. As a result, injuries to cheerleaders have greatly increased. Two recent studies in Pediatrics highlight these dangers.The first study, published in April 2005, found that the high-impact physical activity found in cheerleading and gymnastics led to independently greater odds of stress fractures among girls than basketball or soccer. “It is biologically plausible that these activities are most strongly associated with stress fractures, because the load applied to bone can equal 2 to 5 times body weight for jogging or running and up to 12 times body weight for jumping and landing, which are repetitive maneuvers in cheerleading and gymnastics.”
A second study, published earlier this month found that 208,800 children from the ages of five to eighteen were treated in U.S. emergency rooms for cheerleading-related injuries from 1990-2002. During this period, there was a 110% increase in these injuries from 1990 to 2002. As this study only involved reporting in emergency rooms, this number is surely greater, not taking into account treatment by trainers, specialists, or family physicians.
As a solution, the study suggests that a uniform set of rules be implemented and enforced nationally. Further, the doctors recommend the formation of a national database to document cheerleading-related injuries to further development injury prevention. Finally, the study calls for mandatory safety training and certification for cheerleading coaches.
The problem is that some state athletic associations do not consider cheerleading to be a sport that the respective associations would govern. As such, schools lack proper equipment, facilities, and training. “Some cheerleaders practice in hallways and practice on hard surfaces instead of mats, so when they fall of a pyramid or from the air and they land on hard surfaces, the chances for injury are drastically increased.”
While parents often sign-off on waivers for their students to participate in athletics with the understanding of possible injuries related to the sport and courts making favorable decisions to schools, teams, and coaches, when dangerous conditions are created and the proper safety measures are not taken by schools and teams, liability may arise.
Why would athletic associations not rush to define cheerleading as a sport to bring proper safety and training before lawsuits begin piling up?
Hat tip: Anna Johnson (Chicago Tribune)
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