Final Four Predictions

The time has come, I suppose, to make my Final Four picks. Here we go. Feel free to rag me mercilessly if/when I get these wrong:

Florida vs. George Mason
Does the slipper still fit? George Mason is playing with house money at this point, because obviously no one expected them to get this far, and now lots and lots of people feel Florida will win it all. As for me, I think George Mason has played better than any other team in the Tourney. They've got good balance, and they've played solid enough defense. That being said, I'm not sure they'll be able to score enough on Florida. Unlike everyone else they've played, Florida's big men can score very well. Noah and Horford are athletic, good offensively and defensively, and can get out and run. In the guard matchup, I think the Gators' guards will be able to put pressure on them to make the entry passes more difficult, and to stop open looks.

Another thing to watch for in this game is that it may very well be the worst annocuning job ever in the history of sports. Seriously, there's going to be lots of butt-kissing by Nantz to the committee and Mid-Majors, and Packer will remain silent throughout these times. I think you could make a drinking game out of this... drink every time there's an akward moment. It should be very entertaining.

Florida 71, George Mason 64


UCLA vs. LSU
For being the highest seed left in the Tourney, UCLA's not getting much respect. I'm sure this has something to do with their style of play, and the fact that Big Baby & Tyrus Thomas are really fun to watch. Thomas can absolutely jump of the gym, and cause lots of problems on both ends of the court. However, I'm not sure his half-court game is quite that good yet. Yes, he showed a decent jump shot against Texas which gave him more room, but I don't think he can consistently hit the 15 footer at this point in his career.

If any team scores 60 points in this game, I'd be shocked. They both play slow, and they are exceptionally good defensively. I think we'll see UCLA just clog up the lane and dare players other than Darrel Mitchell shoot, and I don't think Temple and T. Mitchell can consistently hit shots. Although Hollins and Mata for UCLA got a little bruised up in practice, both should play, and this provides UCLA with the depth up front they need to slow down LSU. Offensively, I think UCLA will have lots of trouble scoring, but I can see Farmar hitting a big shot late to put UCLA on top.

UCLA 57, LSU 55

NBA: No Men in Tights

I'm not sure a comment is even needed:

League and team sources have told ESPN.com that the NBA, starting next season, intends to ban the tights sported at various points this season by several players, including three MVP candidates: Kobe Bryant, LeBron James and Dwyane Wade.

Although NBA officials are not publicly commenting on the issue, sources say that the league simply does not like the look of players wearing visible hose. It's believed that the league office, which already has regulations in place to curtail short lengths, can unilaterally outlaw tights by simply amending its uniform code before the 2006-07 season.

Sources say that the NBA informed its 30 teams at last month's competition committee meeting in Houston that tights would be banned immediately after All-Star Weekend. But the league wound up holding off on that ban, perhaps to avoid a new controversy after the initial furor sparked by the off-court dress code faded quickly and quietly.

Players who wish to wear tights are required to send the league a written request from a team doctor detailing a "medical need" for the leggings. That's because the league, according to sources, believes that some players are merely wearing them because they like the look.

From Darren Rovell and Marc Stein, "League Would Amend Uniform Code to Ban Tights," ESPN.com, Mar. 30, 2006.

I do know that I will have to add discussion of this proposed policy to the draft of my forthcoming law review article, the title of which will tell you how I feel about it: The Reckless Pursuit of Dominion: A Situational Analysis of the NBA and Diminishing Player Autonomy, 8 University of Pennsylvania Journal of Labor and Employment Law __ (forthcoming, 2006). I invite you to download the draft on the Social Science Research Network ("SSRN") -- the download is free, and all it requires is an SSRN account, which is itself free and which provides you with access to thousands of interesting articles, papers, and drafts.

Thanks to one of my students, Jason Marsh, for passing this inane story along.

Nigerian Soccer Referees Can Take Bribes But Must Remain Neutral

From ESPN:

Football referees in Nigeria can take bribes from clubs but should not allow them to influence their decisions on the pitch, a football official said on Friday. Fanny Amun, acting Secretary-General of the Nigerian Football Association, said bribery was common in the Nigerian game.

"We know match officials are offered money or anything to influence matches and they can accept it," Amun told Reuters on Friday. Amun first made the statement earlier in the week to a football seminar in the capital Abuja, prompting protests from other officials.

"Referees should only pretend to fall for the bait, but make sure the result doesn't favour (sic) those offering the bribe," Amun said.

The response from Capitol Hill: Why didn't we think of this?

BARÇA vs REAL MADRID HEATS UP

It´s heating up. Spanish sports daily AS gives us this picture - Barça Captain Pujol: "Keep an eye out on Ronaldo" & Real Captain Raul : "We need to win". Lastest news seems to tell us that Pablo Garcia will be called up & Ivan Helguera will be left out. This may cause Ivan to finally decide to leave Real: ¿to Barça next season? . Smells like a Figo operation by Real as happened to last season

Major League Soccer Turns Ten

The Kansas City Star points out a coming birthday: Major League Soccer is about to turn 10. The league has certainly evolved: from the massive attendance at Foxboro for New England Revolution games in the early years, coupled with simultaneous fears of an early demise, to a more stable but possibly less ambitious league. Unlike earlier American soccer incarnations like the NASL, MLS does not seem to be aiming for MLB, the NFL, or the NBA. Instead, it is content to be smaller, different, but lasting.

The sports law issues MLS has brought us over the last decade are memorable. Organized as a single Limited Liability Company (LLC) with “investor-owners”, the MLS presented a credible case for application of the so-called “single-entity defense” to a Sherman Act §1 violation. In a nutshell, that defense argues that a single entity is incapable of “conspiring, combining, or contracting” with itself in a manner that offends the antitrust laws. In Fraser v. Major League Soccer, 284 F.3d 47 (1st Cir. 2002), the First Circuit cast doubt on MLS’s single-entity status. More recently, MLS has pioneered the commercialization of franchise names, as Mike discussed here.

Ex-Con Denies Giving Bonds Steroids

Victor Conte, founder of BALCO, speaking on the steps of his home a few hours after being released from prison, denies he supplied Barry Bonds with steroids. Obviously, with witnesses like that behind Bonds, we might as well call off the George Mitchell-led steroids probe right now.

ALONSO 5º : FREE TRAINING SESSION IN MELBOURNE F1

World Formula 1 Spanish Champion Fernando Alonso has finished 5º position in the 2º session of free training at the Melbourne AUSTRALIA Formula One Grand Prix.Final days standings:1. Davidson ( GBR ) - Honda2. Wurz ( AUT) - Williams3. Kubia (POL) - BMW4.Button ( GBR) - Honda5.Alonso (SP) - RenaultInteresting to see that on Top as full of "unusual" names. Sure will see the Kaiser, Montayo, Fischy

New Study on College Sports Finances and NCAA Tax Exemption

The Indianapolis Star's Mark Alesia--arguably the nation's premiere reporter on NCAA issues--has outdone himself in his latest feature: a massive study on how university general funds and students contribute to athletic departments and the interplay of those contributions with the NCAA's tax exempt status as a non-profit entity (Alesia, "Colleges Play, Public Pays," Indianapolis Star, 3/30/2006; Alesia also built an NCAA Financial Reports Database from the story). The NCAA qualifies for the non-profit exemption because it claims to be "organized and operated exclusively for educational purposes." Earlier this month, we discussed a story by Alesia on how the U.S. House and Ways Committee has begun a quiet investigation into whether the NCAA, conferences, and school athletic departments have misused their tax exempt status as non-profit, educational entities (3/14/2006). For this story, Alesia analyzed the 2004-05 athletic budgets of 164 of the nation's 215 biggest public schools. He was assisted by Matt Moore, Mark Nichols, Chris Phillips, Ole Morten Orset, Ben Thomas, Jimmy Trodglen, and Kandra Branam.

So what did Alesia find? First off, he found that athletic departments at taxpayer-funded universities nationwide receive more than $1 billion in student fees and general school funds and services, and that without such outside funding, fewer than 10 percent of athletic departments would have been able to support themselves with ticket sales, television contracts and other revenue-generating sports sources. In fact, most would have lost more than $5 million.

Here are the top the top 10 Moneymaking State Schools and then the Final 4 Schools:

TOP 10 MONEYMAKERS (using adjusted bottom line)
	FUNDING FROM OUTSIDE ATHLETIC DEPARTMENT
		University,	Total	Total	% of operating
	Student	government	outside	operating	revenue from	Reported	Adjusted
	fees	support	support	revenue	outside support	Bottom line	bottom line
Georgia	3,028,878	0	3,028,878	68,787,384	4%	23,854,329	20,825,451
Michigan	0	0	0	78,424,186	0%	17,037,042	17,037,042
Kansas	972,123	2,214,159	3,186,282	50,826,019	6%	10,064,665	6,878,383
LSU	0	0	0	60,937,676	0%	5,080,280	5,080,280
Texas A&M	0	839,348	839,348	64,180,453	1%	5,307,357	4,468,009
Texas	1,673,928	1,353,382	3,027,310	89,651,682	3%	7,250,853	4,223,543
Iowa	1,505,016	2,127,182	3,632,198	61,676,257	6%	6,693,599	3,061,401
Alabama	2,550,605	0	2,550,605	62,287,192	4%	5,297,584	2,746,979
Kansas State	566,752	2,382,288	2,949,040	39,884,220	7%	5,489,599	2,540,599
Virginia Tech	5,840,958	324,469	6,165,427	45,730,485	13%	8,265,356	2,099,929

FINAL FOUR SCHOOLS					% from
	ATHLETIC FUNDING FROM				student,
	University	Student fees		Total athletic revenue	government
SCHOOLS	government support	(Per student)		(in millions)	funding
Louisiana State	None	None	None	$60.9	0%
Florida	$1.3 million	$2.4 million	($45)***	$77.7	5%
UCLA	$210,000	$2.3 million	($62)	$46.0	6%
George Mason	$1.6 million	$7.5 million	($346)	$11.0	84%

Alesia and his staff then studied the effect of taxpayers indirectly subsidizing athletic departments through the tax-exemption. He found that the exemption particularly benefits big schools, which receive up to 40 percent of their athletic revenue from donations, most of which are tax-deductible. At Indiana University, for example, donations constitute 21 percent of revenue; at Purdue, 27 percent. And keep in mind, all of the TV money the NCAA and its schools receive go untaxed--we're talking about hundreds of millions of untaxed dollars there.

Expectedly, there are serious criticisms of this arrangement in light of how big-time college sports appear far more focused on entertainment than education. This is particularly troubling, Alesia notes, considering rising tuition and stagnant state support for higher education. Economist Andrew Zimbalist of Smith College tells Alesia, "The subsidies grossly overestimate the role of intercollegiate athletics in higher education. This should be something that absorbs a much smaller share of outside resources." Moreover, as noted by Professor Rodney Fort of Washington State, "The simple fact is that the athletic department enjoys subsidies in many areas where other departments at the university must pay explicitly."

There is much, much more to this story, and I strongly encourage you to read it, as it is a masterpiece in the empirical research of sports economics. Part II of this story is being published on the front page of Saturday's Indianapolis Star, and it will soon be available on-line.

I also encourage you to check out Alesia's huge database on NCAA Financial Reports. It is the the most detailed, publicly available database of college athletic department financial information ever assembled. I just spent quite a bit of time on it and look forward to spending more.

BIG WEEKEND OF SPANISH FOOTBALL

Spanish sporting daily AS highlights Real Madrid´s Captain´s comments; he enjoys watching Barca on the TV. Well with Raul in such poor form , he may well have to do just that , or at least watch from the substitution bench in tomorrows big clash against Barcelona. But the injury to midfielder Guti , has opened up the possibility for him to play, how lucky, because Raul is not the player we have

Rating the Announcers

Everyone's been ragging on Billy Packer and Jim Nantz, and probably justifiably so, but let's take a look at the all 4 of the commentating duos that worked the Sweet 16 and Elite 8:

Verne Lundquist and Bill Raftery - Quite simply, Bill Raftery is my personal hero. He has solid knowledge of the game, but I always have fun listening to him. He'll criticize a little, he'll get really excited over small things, but he's entertaining. I love listening to the guy. As for Lundquist, he's not my favorite play-by-play guy, but he's solid, and he works very well with Raftery. Bottom line, these two are the top duo in the Tourney. A.

Gus Johnson and Len Elmore - I've ragged a little on Len in the past for not really being excitable, but the truth is, I don't mind him at all. He's a little negative at times, he's not excitable (although he got about as close as he'll ever be at the end of the UCLA/Gonzaga game), but this is why Gus Johnson is a good complement to him. Gus is extremely excitable, but I don't mind that. You can tell he's really into the game. All in all, above average as a duo. B+.

Dick Enberg and Jay Bilas - I really like Dick Enberg, but let's be honest, he's been showing his age for a while now. I can only hear so many "Oh My!" (although he threw in a "My oh my!" after that Texas/LSU sequence when Gibson hit the 3) and name mess-ups before it gets a little old. But he's still got a great voice for calling the game, which is why I won't complain much. He's the basketball equivalent of Keith Jackson... old, but never really calls a bad game. As for Bilas, meh. I don't dislike him, but I think he's better in a studio role than in calling play-by-play. C.

Jim Nantz and Billy Packer - I used to like these guys, but now I'm starting to dislike them, joining most of America. I think it started on Selection Sunday, although not because of their behavior, but because of something Packer said. He said something to the effect of, "I haven't seen anyone in the MVC play, but looking at the numbers..." Wait, this guy is supposedly the top college basketball analyst out there, and he hasn't seen anyone from a 4-bid conference play? That's not right. (Digger Phelps said something similar, but I won't go into that here). As for Nantz, I don't really mind him per se, but he's really got to lay off a little on the cliches. Let's just say I'm not the only one cringing when I think he might say after the National Championship game this year. D+.

Bottom Line: Give me Lundquist and Raftery and you won't hear a peep out of me! How about you guys? What's the consensus out there?

EDIT: Thanks to a couple of readers for pointing out that I messed up in saying that Gus is not excitable enough, when I actually meant that Len was the one that doesn't get excited I have edited it out now. My apologies.

Daryl Morey, Houston Rockets GM-to-be: Statistics and the NBA

A congratulations is in order to my good friend Daryl Morey, who has been hired by the Houston Rockets as Assistant General Manager with the understanding that he will become the team's General Manager following the 2006-07 NBA Season. Since 2002, Daryl, who's 32 years old, has been the Celtics' senior vice president of operations and information, and essentially the team's statistical and business guru. A graduate of Northwestern University with an MBA from the Massachusetts Institute of Technology Sloan School of Business, he has been an adjunct professor at MIT Solan in recent years, teaching "Analytical Sports Management" with Bill James as guest instructor. Daryl and I have had some lively arguments about the wisdom of high school players entering the NBA and other issues pertaining to the league. Although we sometimes part ways, I can safely say that the Celtics' loss is the Rockets' gain. Good luck to him and the Rockets. They just hired a really smart, approachable guy with a lot of common sense to eventually run their team.

For reaction from Celtics' fans, check out one of my favorite blogs, Jeff Clark's Celtics Blog.

SEVILLE CLOSER TO SEMI FINALS OF UEFA CUP

The UEFA dream continues for Seville FC after defeating the Russian team Zenit St. Petersburg 4-1 in the 1º leg of the UEFA Cup quarter-finals. The man of the match was Argentine forward Saviola who scored twice , with Marti (penalty) & Adriano adding to the Spanish tally . For the Russians A.Kerzharok scored their only goal , opening up a very slim chance of attempting a comeback in the 2ºleg

REAL MADRID & BARCA LOSE IN BASKET

Real Madrid lost to Italian club Bologne 66-61 & Barcelona lost to Unicaja Malaga 60-73, in the EuroLeague basketball competitions tonight. The Spanish outfit Unicaja is the only team that carried the flag high.

BARCA vs REAL : A TASTE OF THIS SATURDAY

Warming up this Saturday´s clash of TitansSee Real win here...see Barcelona win below the last match between both.See more news below...

How Do I get a Job in Sports Law? (Continued)

Mike had a good post on this question here, but while I have (access to) the floor I might as well add my two cents. This is one of my topics the first day of sports law class, because I like to get it over with. I like to dispel the notion that taking sports law equals a job in sports law; and to let students know up front that Sports Law, as I teach it at least, is not a “show and tell” career development course, but a substantively challenging and thorough academic experience. The first thing I tell my students is that if I really had the answer to the question of how to get the coolest sports law job in the world (NFL commissioner, of course), I’d be off doing that job instead of teaching the class. That’s meant to be a little tongue in cheek. But my own insight is a bit limited, since I came to sports law in 2002 by way of teaching and academic (or academic-y) writing. But I do have some thoughts, formed after watching students try (and, in some cases, succeed) in getting wonderful sports industry jobs. My comments below also incorporate lessons offered from practitioners in the field. (I also have the good fortune of being on a faculty with a senior professor – and former dean – who was in a past life a certified NFL player agent, so I have the luxury of being able to point students towards his office if they aren’t satisfied with my advice).

(1) Think beyond Jerry Maguire: Most students think that sports law means serving as a lawyer-agent for a player. That is a tough, tough business; it’s ruthlessly competitive (the vast majority of “agents” don’t have clients!), dominated by a few big firms, corrupting of one’s ethical principles, and not all that easy a way of making a living. However, there are numerous other wonderful and interesting sports law jobs out there. Some that I think are most promising are NCAA compliance officers (increasingly holders of J.D.s) and public school district lawyers (I have an uncle who does this work and is probably involved in more sports law issues than any lawyer I know).

(2) Be flexible, opportunistic, and aggressive: Sports law jobs are highly sought after, and sometimes arise through luck, fortune and circumstance. You might have a next door neighbor with a kid who happens to be a 15-year-old left-handed power-hitting catcher. Be nice, because that kid might need an agent some day. You might be offered the chance to work for a team at a lot less money than you’d make as a lawyer at a big firm. You have to be able to quickly commit to such opportunities, should they arise. Persistence of course will pay, as it always does. Those who are committed to sports law can usually find a way; it’s folks with more casual commitments (rather than true passion) that usually end up doing something less interesting.

(3) Take these classes: In law school, if you have the chance, you should take Antitrust, Drafting (as many drafting classes as are offered), Negotiation, Arbitration, Labor Law, Intellectual Property (including trademark and copyright), Federal Income Tax, Estate Planning/Wills/Estate Tax, Immigration Law (especially for those interested in baseball and basketball work) and Sports Law. Some people might add other subjects to the list, but these are the ones I think tend to be most useful.

(4) Never eat lunch alone: This is generally a good strategy for getting a job. Networking matters, as painful as it sometimes is. I would add that it always pays to treat people in a kind and decent fashion, even if you don’t think they have something to offer you. You never know when the person sitting next to you on a plane is the GM of a team bumped from his first class seat; that person might be able to give you advice, or a job, but certainly won’t if you’re rude, condescending, or shy.

Law Schools with Sports Law Profs

Each year, the AALS (Association of American Law Schools) releases the “AALS Directory of Law Schools.” Law profs self-identify by subject interest, and at the back of the book, there are lists divided by subject. Some readers (future law students?) might be interested in which law schools have self-identified “sports law profs” as tenured or tenure-track faculty members (at many schools, Sports Law is taught by an Adjunct Professor – meaning, someone who has a full-time job other than teaching law). In approximate alphabetical order, here are the schools with sports law profs (where schools have more than one sports law prof, I have indicated that):

Akron; Alabama; Arkansas (2 profs); Barry; Baylor; Berkeley; Boston College; Boston University; BYU; California Western; UCLA; Capital; Cincinnati; Cooley; UConn; Depaul (2 profs);University of Detroit (2 profs); Duke (2 profs); Florida (2 profs); Florida A & M; Florida Coastal (3 profs); Florida State; Georgia; Georgia State; George Washington; Gonzaga; Harvard; Houston; Idaho; Illinois; Indiana; Indiana-Indianapolis; Lewis & Clark (2 profs); Loyola – LA; Marquette (3 profs); Maryland; Miami; Michigan; Michigan State (2 profs); Minnesota; Mississippi College; Missouri (2 profs); New England; New Mexico; North Dakota; Nova Southastern; NYU; UNC; Nebraska; Northeastern; Northern Kentucky (2 profs); Ohio Northern; Ohio State; Oklahoma; Pepperdine; Puerto Rico; Richmond; St. John’s; Saint Louis; St. Thomas (MN); Seton Hall; Southern; Southern Illinois; Southwestern; Stanford; Stetson; Suffolk; Syracuse; Temple; Texas; Texas Southern; Texas Tech; Toledo (2 profs); Tulane (2 profs); Tulsa; Valparaiso; Vanderbilt (2 profs); Villanova; Virginia; Wake Forest; Washburn; Western New England; West Virginia; Whittier; Widener (2 profs); Willamette; Yale.

A few caveats. First, this list is “self-identified” sports law professors: The fact that an academic believes s/he is an expert in a subject may not always mean s/he actually is (there are a few self-identified sports law professors I would not consider to be sports law professors, in that they have neither published anything about sports law nor possess significant sports law practice experience, but out of politeness I will not name names). There may also be some faculty members who are sports law profs in a broad sense (for example, who serve as NCAA Faculty Athletic Representatives for their universities) but who do not self-identify as such. Second, the number of professors in a subject area may not be the same thing as number of courses offered or depth of coverage. Third, this list was based on an April 2005 survey, so it may not accurately reflect recent hires or recent departures (e.g., Illinois’s sole sports law prof, Stephen Ross, is leaving for Penn State). Fourth, although I am not certain of this, the AALS directory probably only includes law schools that are fee-paying members of AALS (some aren’t).

A Few Good Topics

MORE BONDS: Professor Howard Wasserman of Florida International University College of Law has two excellent columns on FindLaw concerning Barry Bonds and the steroid controversy (3/24/2006; 3/27/2006). A third colum, discussing Bonds' lawsuit and its First Amendment problems, will be on FindLaw on Monday. As you may remember, Howard guest blogged on Sports Law Blog last month and wrote a fascinating piece on the constitutional protection of "sport speech" or "cheering speech" (2/2/2006).

INTERNATIONAL AGENCY BIAS FOR HOMETOWN ATHLETES: University of Massachusetts sports management student Sokki Chen (who will be interning at the International Paralympic Committee in Germany this summer) alerts me to a story from Switzerland regarding a Swiss court's apparently favorable treatment of Swiss cyclist Danilo Hondo (Bradley S. Klapper, "Confusion After Swiss Court Suspends Two-Year Doping Ban," Associated Press, 3/22/2006). Hondo had been suspended by the Swiss-based Court of Arbitration for Sport ("CAS") after twice testing positive for the stimulant carphedon. He challenged his ban through a provision in CAS statutes that allows residents of Switzerland--and only resisdents of Switzerland--to appeal to a Swiss provincial court, which lifted Hondo's ban. In glaring contrast, non-Swiss residents can only challenge CAS rulings at the Federal Tribunal - Switzerland's highest court - and only if the case was run "manifestly contrary to the general principles of law." In other words, there's some hometown cooking going on at the CAS, which is supposed to be an independent international agency for the settlement of sports disputes.

DETRIMENTAL RELIANCE AND COLLEGE COACHING JOBS: Mississippi College School of Law student Lance Mixon passes along a story concerning a recent lawsuit filed by former University of Miami assistant head football coach Art Kehoe--who served on the coaching staff for 25 years until he was fired Jan. 2--against the school. (Susan Miller Degnan, "Kehoe Files Suit vs UM," Miami Herald, 3/21/2006). Kehoe, who is now as assistant coach at the University of Mississippi, claims that he is entitled to a severance package that includes the loss of potential income from two possible coaching jobs at Southern California (offensive line) and Temple (head coach) he did not take because he believed his job was secure at UM. That will be a tough claim to prove unless he had concrete offers from those schools.

Piper Rudnick Lawyer George Mitchell to Lead MLB Steroids Probe

Bud Selig has asked 73-year-old attorney George Mitchell to investigate allegations that Barry Bonds and other players used steroids (these allegations surfaced in the recent book Game of Shadows). Mitchell is a former U.S. Senator from Maine, majority leader of the Senate, and, at one time at least, had his name floated for the MLB Commissioner’s job. Another lawyer, yet to be named, is expected to serve as lead investigator.

Mitchell brings years as a Washington insider and power-broker to the table, as well as experience trying to get parties with deep divisions to get along (he worked toward a settlement in Northern Ireland). Some commentary has questioned whether he is sufficiently independent from MLB and team owners to lead this probe. The probe’s mandate would seem the far more important consideration. Will it be focused on Barry Bonds? What evidentiary standard will the investigation employ before concluding that a particular player used steroids? Will Mitchell and his team have the authority to recommend sanctions, or will they report “just the facts”?

UPDATE: John Dowd, the lawyer who investigated Pete Rose for gambling, thinks Mitchell is an uninspired choice without a "great track record." On that question, Dowd may himself have a conflict of interest, since he has been mentioned as another possible choice for the steroid probe.

CHELSEA OFFERS 50 MILLION € PLUS PLAYER FOR SHEVCHENKO

Spanish sports daily AS has just announced that English team Chelsea has made "an offer you can´t refuse" for Milan star Andrei Shevchenko. The sum mounts to ( allow me to place the zeros) 50,000,000 € plus either Drogba o Crespo.Will Milan accept? Will Andrei wish to leave the club that has made him famous?This is´nt the first time that Chelsea has gone after the Ukrainian, it´s long been known

BARCELONA vs REAL MADRID THIS SATURDAY: "El Clasico".

Warming up this Saturdays game. See how Barcelona won the last meeting 0-3 Enjoy! If your a Barca fan of course¿who do you think will win on Saturday?

VILLAREAL´S EUROPEAN DREAM STILL ALIVE

Although Inter Milan won 2-1 at San Siro ( 0-1 Forlan ; 1-1 Adriano; 2-1 Martins) their European Cup hopes are still alive. Remember the away goal is worth double.It´s going to be tough, but while there is hope..... Go Yellow Submarines!

MLB Predictions

The time has come, I suppose, to make my MLB picks for the year. This will be my first year I'm not actually playing baseball on a team, so the start of the year is bittersweet for me, but at the end of the day, it's still baseball, and baseball is still awesome. Here goes nothing.

AMERICAN LEAGUE

East
1. Boston Red Sox
2. NY Yankees
3. Toronto Blue Jays
4. Baltimore Orioles
5. Tampa Bay Devilrays

Central
1. Cleveland Indians
2. *Minnesota Twins
3. Chicago White Sox
4. Detroit Tigers
5. Kansas City Royals

West
1. Oakland Athletics
2. Anaheim Angels (none of that LA crap here)
3. Texas Rangers
4. Seattle Mariners

NATIONAL LEAGUE

East
1. New York Mets
2. *Atlanta Braves
3. Philadelphia Phillies
4. Washington Nationals
5. Florida Marlins

Central
1. St. Louis Cardinals
2. Chicago Cubs
3. Milwaukee Brewers
4. Houston Astros
5. Pittsburgh Pirates
6. Cincinnati Reds

West
1. LA Dodgers
2. San Fransisco Giants
3. San Diego Padres
4. Arizona Diamondbacks
5. Colorado Rockies

* denotes wildcard

AL PLAYOFFS
Oakland over Minnesota in 4
Cleveland over Boston in 5

Oakland over Cleveland in 6

NL PLAYOFFS
St. Louis over Atlanta in 4
Los Angeles over New York in 5

St. Louis over Los Angeles in 5

WORLD SERIES
Oakland over St. Louis in 6


AWARDS
AL MVP: Travis Hafner - the guy can just rake, and he's got a heck of a lineup around him. (Other Votes: Alex Rodriguez, David Ortiz)
NL MVP: Albert Pujols - Has officially replaced Bonds as the best hitter in the game. (Other Votes: David Wright)

AL Cy Young: Johan Santana - Scary thought, he should be just entering his prime. (Other Votes: Rich Harden, John Lackey)
NL Cy Young: Jake Peavy - Still improving, and plays in great pitcher's park. (Other Votes: Roy Oswalt)

AL Rookie of the Year: Kenji Johima - Generally, older Japanese players fare well. (Other Votes: Fransisco Liriano)
NL Rookie of the Year: Jeremy Hermida - will be batting in Florida. 20/20 potential. (Other Votes: Connor Jackson)

Vince Young & the Legal Treatment of the Wonderlic Test

Last October, Professor Rick Karcher here and Mike here discussed the Wonderlic test as a screening tool for NFL players and its possible racial implications, respectively. I hope they picked their brackets this year with as much foresight: The relevance of these posts to Texas quarterback Vince Young’s draft status following his poor Wonderlic performance is undeniable.

Out of curiosity, I ran a quick database search of the case law to see how courts have treated the Wonderlic test. An interesting case is E.E.O.C. v. Atlas Paper Box Co., 868 F.2d 1487 (6th Cir. 1989), cert denied 493 U.S. 814. In that case, the Sixth Circuit confronted the question of whether the use of the Wonderlic test to screen clerical workers was employment discrimination because of its disparate impact on African-Americans. The court opined, “There is no fixed and firm rule regarding criterion for analyzing studies related to the cognitive ability test relied upon by [defendant employer]. They must generally be evaluated by examination of ‘important elements of work behavior that comprise or are relevant to the job.’” The courting continued, “We make no judgment on this record as to whether, in theory, the proper use of the Wonderlic test may not be demonstrated to be job related in the case of clerical hires. If a defendant uses such a test, it must show that the ‘procedure used measures important skills, abilities, and knowledge that are necessary for the successful performance of the job.’”

Could NFL teams prevail under this standard? Does the Wonderlic test measure “skills, abilities and knowledge” that are “necessary” for “successful performance of the job”? Consider: Joey Harringon (Wonderlic – 32), Donovan McNabb (Wonderlic – 16), Daunte Culpepper (Wonderlic – 15). Which of these three is looking for a job?

The Duke Lacrosse Attack: Tragic Story But Not Sports Law

It has not been a good PR week for my alma mater. For the past few days, the story coming out of Durham about a party gone bad keeps getting worse and worse. Deadspin has a good collection of links, as does this blog that is exclusively tracking the story. For those that haven't heard, a group of 40 male students at Duke, most of whom (if not all) are on the lacrosse team, had a party at an off-campus house. They hired some entertainment in the form of two exotic dancers. According to the women, who are black, the all-white crowd chanted racial slurs at them as they performed. The women started to leave the house, but were convinced to return. Then, one woman claims she was beaten and raped in a bathroom by some of the men at the party. Obviously, these are horrendous charges and Duke and the Durham Police are taking appropriate steps to discover what really happened that night. (News & Observer)

As the media continues to run with the story, I keep hearing about how this is a "sports law" case. I could not disagree more. This is a case about a few men, who happen to be athletes, that may have committed an inexcusable crime against another human being. The athletes also happen to have been in a big group (perhaps leading to a mob mentality) and even more importantly, were undoubtedly drunk. The fact that they happen to play a sport (lacrosse) does not make this "sports law."

In fact, one of the purposes of this blog is to get away from the idea that "sports law" is about athletes committing crimes. "Sports law" is about how sports affect the development of law, and how the law impacts the games we play and watch. Sports don't cause athletes to break the law. Of course, some athletes commit crimes. There have even been some studies that suggest that male athletes, especially those that play "helmet sports," may commit more violent crimes than the average male. But there are approximately 200,000 sexual assaults and rapes in the United States each year (and that number may be low due to incidents that are not reported). I don't see a lot of stories about rapes by football players, hockey players and lacrosse players -- and these incidents are far more likely to be reported than an average sex crime. If you want to blame something other than the men themselves, I would point to alcohol before I looked to lacrosse. Or the group setting. Or the fact that they are in college, when approximately five percent of college females will be the victim of rape or attempted rape in a given year. But if this story is true, the blame should fall squarely on the men that committed these reprehensible acts.

Lacrosse (along with football, hockey, etc) is a violent sport. But the reputation of the sport may go too far in finding links where none exist. The overwhelming majority of athletes can leave their aggression where it belongs -- on the field, just as the overwhelming majority of people can drink responsibly, have a party and even hire adult entertainment without committing a felony. To link this incident to lacrosse is to shield those who deserve to be vilified. And if you don't see a connection with the sport, then there is really nothing that makes this "sports law."

Upcoming Society for American Baseball Research Conference in Seattle

Some readers may be interested in the Society for American Baseball Research (SABR), an organization that promotes academic research about the sport. Each year, SABR members gather at a multi-day convention, featuring some very interesting (and intellectually challenging) presentations. This year's convention is in Seattle June 28 to July 1. Sports law fans may find most interesting the collective bargaining panel, featuring Andrew Zimbalist (founding father of sports economics), sports agent Dick Moss, and former major league pitcher Mike Marshall, with ESPN’s Rob Neyer moderating. I made it to SABR's convention in 2004, when it was in lovely Cincy, Ohio, but missed last year's Toronto event. Be warned: SABR members are intense about baseball, but the conversations are at a pretty high level. The organization as a whole is history and statistics focused, and could use a greater level of baseball law attention (perhaps including a section on the Law of Baseball, to supplement the existing Business of Baseball section).

The Silliness of NCAA Eligibility Rules

Last night's news that Notre Dame football player Tom Zbikowski will make his professional boxing debut this summer exposes the silliness of NCAA eligibility rules, which were used to stop skiier / CU football player Jeremy Bloom from both playing football and earning endorsement monies to subsidize his expensive skiing competitions. Why Coach Weis would "sign off" on letting one of his players get punched in the head a few months before ND begins its hunt for the national championship is a mystery to me. Equally mysterious is how any reasoned distinction can be drawn between letting athletes get paid to box, and letting them endorse brightly colored ski pants. Hat tip to UT 2L James Schwegler for forwarding me the story.

LUIS FIGO STILL CRYING. GROW UP SON!

Check out the front page of Spanish Sports daily "Marca". Ex - Real Madrid player ( now Inter Milan) Luis Fijo says; "Madrid is a circus" in an interview given to the paper.Why is this guy still hassling about? He seems to center his energies on "dumping" on his ex-club in every available opportunity. This man seems to be marked psychologically by his departure from the Spanish club & it

PAU GASOL SCORES HIS HIGHEST ALL TIME IN THE NBA

His in great form, he is as the Americans say HOT!His Spain´s best embassador of Basketball Internationally.He´s Pau Gasol.Last night he scored 44 points for the Memphis Grizzlies against the Seattle Supersonics in the Western Conference NBA match.Although his team lost by 1 point ( 98-97) his 44 points was his hightest tally ever since arriving at the NBA. There is no doubt he is in "All Star"

Could we have seen this coming?

By now, we know who the real George Mason was, the most famous George Mason alumni, and just about every other random factoid you ever wanted to know about them. By the time Saturday rolls around, I suspect we'll even know what shampoo GMU coach Jim Larranago uses (my guess: Pert Plus), and you'll also hear about as many bad 'Patriot Act' puns as you'll ever want to hear. But this doesn't answer some questions about the Patriots, such as, how did they get here? Could we have seen this coming? Let's take a look at the past coupld of years of Patriot basketball.

Last year, George Mason was a middle of the pack CAA team, posting a 10-8 conference record and a 16-13 overall record. They lost their last 3 games on the way to an early exit in the CAA Tournament. Obviously, they were nowhere near a postseason tournament.

From what I can tell, they came back with much of the same as far as the roster is concerned. Their top 3 scorers are seniors. However, this year didn't start out much better than last year finished.

They started out with a win over UC-Irvine, and then lost to Wake Forest. At the time, this was an understandable loss... then Wake Forest went on to finish last in the ACC. In their next game they lost by 20 vs. Creighton. By early December they were 4-3. They proceeded to go 24-4 the rest of the way, and are now 4-0 in the tourney. Let's check the numbers of this year's starters last year compared to this year:

2004 Stats
Jai Lewis - 13.0 Points, 7.5 Rebounds, 1.9 Assists
Tony Skinn - 14.4 Points, 2.9 Rebounds, 2.2 Assists
Lamar Butler - 15.7 Points, 2.4 Rebounds, 2.4 Assists
Will Thomas - 5.7 Points, 5.6 Rebounds, 0.8 Assists
Folarin Campbell - 6.4 Points, 2.2 Rebounds, 1.3 Assists

2005 Stats
Jai Lewis - 13.7 Points, 7.7 Rebounds, 1.9 Assists
Tony Skinn - 12.6 Points, 3.5 Rebounds, 2.8 Assists
Lamar Butler - 12.0 Points, 2.5 Rebounds, 2.0 Assists
Will Thomas - 11.8 Points, 7.3 Rebounds, 1.2 Assists
Folarin Campbell - 11.0 Points, 4.3 Rebounds, 3.5 Assists

From the looks of the numbers, the 3 seniors (Skinn, Lewis, Butler) have all been about equal statistically, but the improved play is coming mostly from the sophomores. Of course, this is mainly to be expected, as typically that is when the most improvement occurs, and because Campbell and Thomas didn't start last year while the other three did.

So this doesn't really tell us anything. How about their schedule this year? Hiw did they fare against tournament teams?

Well, they did go 3-1 against tournament teams, with those wins against Wichita St., Manhattan, and UNC-Wilmington. Good wins, but nothing really to hang your hat on. Consequently, 6 of their 7 losses came against Non-Tourney teams, with the exception being UNC-Wilmington, whom they split with.

Could anyone have really seen this coming? Maybe this guy, but I'm guessing his was more of a lucky guess or joke pick. All the signs pointed against them going far. They had a tough road (the last two National Champs as well as a talented Michigan St. squad), they most likely don't have anyone that will play in the NBA, their second leading scorer was suspended for the first game of the Tournament for throwing a cheap shot, they had exactly 2 wins against the RPI Top 50, and they didn't have any type of momentum (they had lost to Hofstra twice in the last 2 weeks, including in the Quarterfinals of the CAA Tournament). Yet here they are, one of 4 teams left in the NCAA Tournament, making perhaps the best run ever in the NCAA Tournament, the first Mid-Major to make the Final Four since Larry Bird and Indiana St. in 1979, and tied for the lowest seed ever in the NCAA Tournament.

Sometimes, you just never know.

A "Mike Davis" Clause in Coaching Contracts?

Details of new Missouri basketball coach Mike Anderson's contract are here. The former UAB coach has agreed to "'be a loyal employee'" and not (according to CNNSI's summary) "bad mouth" the university. The "loyalty" clause is somewhat superfluous, since all employees are agents of their employers owing fiduciary duties of loyalty. The "bad mouth" clause, however, raises interesting enforceability questions (specifically, what would constitute a violation of the clause). Non-disparagement clauses are regularly part of settlements or severance / termination agreements. But it might work out differently for an employee in service. Sometimes, part of being a coach is bad mouthing. For example, "We played terribly tonight." Would that be grounds to stop paying Coach Anderson? Presumably, the contract also includes an arbitration clause, so ultimately, if push comes to shove, we are unlikely to get a court ruling on the viability of such a clause.

Big Unit, Small Heart? Randy Johnson Sues Mother of Secret Love Child

Michael Wheatley and Dave Goldiner of the New York Daily News report on a lawsuit filed by New York Yankees pitcher Randy Johnson against his ex-girlfriend Laurel Roszell, who gave birth to Johnson's first child, Heather, back in 1989 (Wheatley & Goldiner, "Randy Beams Ma of Love Child," New York Daily News, 3/28/2006; see also Smoking Gun). Johnson and Roszell broke up while she was pregnant, and Johnson has only seen Heather once and that was right after she was born (Dan Mangan of the New York Post reports that Heather has repeatedly written to Johnson to meet with him, but he has refused). In 1997--when Heather was 8--Johnson agreed to pay $5,000 a month in child support, plus another $750 in monthly day care expenses. Johnson now demands that Roszell return $71,000 in pre-paid day care payments, plus $26,000 in interest because Heather has not been in day care for at least five years. Johnson contends that Roszell is receiving a windfall for expenses that she did not incur.

Family law is outside my area of legal expertise, so I'll refrain from opining on the merits of Johnson's claim, but as a practical matter, does it really make sense to sue the mother of your daughter who, despite her efforts, you have refused to include in your life, for $97,000 when you make $16 million a year and when you have earned over $100 million in your career? This seems to be an instance of where one should turn to common sense before the law.

BARCA DRAWS & CESC FABREGAS SHINES

0 - 0 DRAWIntense match in Lisbon between local side Benfica & Spanish team Barcelona in the 1º leg of the European Cup quarter finals . The visitors missed plenty of goal chances - 2 posts - to really sink the sword into the Portuguese team, which lifted towards the end with lots of strenght .This is a good result for Barca as it will enjoy the home advantage for the 2º leg & the return of

Astros' Bagwell-Related Insurance Claim Denied

Unsurprisingly, the Connecticut General Life Insurance Company denied the Houston Astros’ insurance claim for $15.6 million based on the supposed disability of Jeff Bagwell. A good overview of the dispute from the Houston Chronicle can be found here. With this much money at stake, the insurer is unlikely to make payment until such time as the insured has a cognizable claim for bad faith denial. This dispute is likely headed towards arbitration or litigation; if Bagwell in fact plays (for the Astros or another team) this year, the Astros will likely face an uphill battle proving he’s disabled.

The truth is, much of the Astros’ desperation to rid itself of Bagwell has nothing to do with his gimpy shoulder. Instead, the Astros know that Bagwell is of little value to the team in the post-steroids era. Bagwell has long been alleged to have been a steroid user, if not the “root of all steroid usage in the league.” Now that baseball has gotten (a little bit) tough on steroids, Bagwell’s MVP days are done.

I wonder whether the Astros could seek to rid themselves of Bagwell using some sort of contract theory. A few come to mind: fraudulent inducement, changed circumstances, or possibly simple breach. The Astros could claim Bagwell omitted a matter of material fact – his (alleged) use of steroids – and that they were fraudulently induced to enter the contract. That’s a hard sell since the Astros would have to show they did not know and should not have known of his use. A better claim might be based on change of circumstances – that the new steroid policy has frustrated the purpose of the contract (which was to employ Bagwell, an alleged steroid user). The best claim might be simple breach: to the extent that between 2000 and 2005 Bagwell used a banned substance, he may have violated MLB rules (which are incorporated into the standard player contracts), and thus breached a material term of his contract.

I doubt the Astros will pursue any of these claims, because it would subject their 1992-2005 locker room to intense scrutiny about who was using what and who knew what when.

UPDATE: Readers have raised questions about the citation to the "Bagwell Conspiracy" article, and, after further research, that source was probably not the best one to cite (I have now learned the author of that site meant it as "kind of a joke," see here). I merely meant to point out that that there have been rumors and speculation about Bagwell; these rumors are discussed here.

Pistons-Pacers Brawl Beer Thrower Convicted

Pistons fan John Green, caught on tape throwing a beer at Ron Artest and sparking the infamous "Basketbrawl" in the fall of 2004, was convicted of misdemeanor assault and faces jail time and a fine. Interestingly, he was acquitted of actually tossing the cup, but convicted for punches he threw at Artest after the former Pacer entered the stands. Green plans to appeal on the grounds that Artest's failure to attend his trial violated his Sixth Amendment right to, in Green's words, "have him here." Funny, but I don't think those words are in the 6th Amendment. Even if Green loses or abandons his appeal, the civil cases arising from the brawl are likely to drag on for years.

BARCELONA vs REAL MADRID: THE CLASSIC

This goes out to all our International friends.Its on again this weekend. One of the biggest matches in Spanish & World Football, the classic derby between the 2 giants - Barcelona FC & Real Madrid CF. Its more than just a game , it´s a clash between identities, cultures, prestige & dominance. It´s history!Barcelona heads the League table by 11 points from 2º placed Real & looks set to take the

RAUL´S WORLD CUP SPOT IN DANGER

He´s captain & Real Madrid´s image. He´s also the Spanish squad captain & greatest scorer, an example of the fighting spirit, team motivator & never die attitude. But he is beginning Real´s games on the substitution bench, & national coach Luis Aragones has pointed that he will only take to Germany thoses who are currently playing with their respective teams.Raul has had 2 unsual seasons , a

Better Luck Next Year!

I don't know if you can read that (you can click the picture if you can't), but it shows the picks of the ESPN "experts." Between Jay Bilas, Pat Forde, Andy Katz, and Dick Vitale, they have one Final Four team. ONE. I know it was a fairly unpredictable tourney, but I have more Final Four teams left than Jay Bilas, Pat Forde, and Andy Katz combined. That's sad.

Another thing I laughed at, Jay Bilas wrote an article today (need Insider) titled "Getting in means much more than seeding." Jay Bilas felt so strongly about this issue that he had to write a whole article saying that just getting into the Tournament in more important than where you are seeded. As if that was in doubt. Geez Jay, you're telling me that if you want to advance deep into the Tournament, actually getting in is more important than where you're seeded? Did you come up with all of this by yourself? For good measure, here's a quote:

"Being selected for inclusion in the tournament is far more important than seeding."

Does Bilas think this is some type of revolutionary idea? That if you want to make a run in the Tournament you have to get in first? I really do like Jay Bilas, but I had to laugh when I read this. Maybe I'm just missing the hidden meaning here. Anyone have any idea what it is?

MNF Doubleheader?

The NFL announced today that there will be a doubleheader on the first Monday night of the year. The first game will feature the Minnesota Vikings at Washington Redskins, on ESPN. The second game will feature the San Diego Chargers at the Oakland Raiders.

Not only do I think this idea sucks, the Chargers at the Raiders? What, they couldn't fit in a mtchup like San Fransisco at New Orleans? (no offense to the fans of those teams) They showed Oakland on the opening night last year, wasn't that good enough? I digress.

The other thing the NFL is doing is adding a tripleheader on Thanksgiving. Aside from the normal Cowboys and Lions games, they are adding the Denver Broncos at the Kansas City Chiefs. Again, not only do I think this idea sucks, but another notch against it is that the Broncos/Chiefs game will be on the NFL Network. Now, I don't know that many people, but I don't know one person that has the NFL Network. This is like showing conference tournament or NIT games on ESPNU. Technically, it's on TV. But that doesn't mean most people can watch it if they so choose.

If you're going to mess with the schedule, at least give me the option to watch the game.

Strange "Superfan" Lawsuit

The Wall Street Journal's Law Blog relates the curious case of an Alabama Crimson Tide fan who has sued a New York Times reporter after a photo of the fan's Crimson Tide-themed RV was featured on the cover of the book Rammer Jammer Yellow Hammer, the subject of which is apparently the rabid fandom of Alabama fans. The case claims breach of contract, outrage, and invasion of privacy; the claimed damages appear to be groundless. Out of fear of having my hosts sued, I won't post this strange picture of the RV in question.

The Idiocy of Spring Training Brawls

Gordon Edes of the Boston Globe reports that the Boston Red Sox and Tampa Bay Devil Rays were involved in a bench-clearing incident in their spring training game today. The Red Sox also had a bench-clearing incident in yesterday's game. In today's game, Sox reliever Julian Tavarez threw and landed a punch at Devil Rays outfielder Joey Gathright after Gathright slid into home plate attempting to take out Tavarez, who was covering. Players from both dugouts then rushed the field, with Sox pitcher Jonathan Papelbon and Sox hitting coach Ron Jackson pulling Gathright up from the ground. Devil Rays outfielder Carl Crawford then threatened players in the Red Sox dugout, although the parties were restrained by that point. The tensions apparently started in the fifth inning when Red Sox first baseman Hee-Seop Choi was plunked by a Wayne Franklin pitch and both sides were warned.

Although the Red Sox and Devil Rays have a history of bench-clearing incidents, a spring training fight shows incredibly poor judgment by the players involved. Obviously, these games don't count and are played merely to help the players prepare for the regular season, and yet now Tavarez and perhaps others will be suspended for regular season games. One could argue that any brawl is idiotic given the likely sanction, and that it reflects poor sportsmanship, but depriving your team of your services due to a spring training fight seems worse. Really, what are you possibly fighting for? The Grapefruit Cup? And I wonder: should players who fight in spring training games face harsher penalties by Major League Baseball, given the extra-stupidity of their decision? Obviously, the penalties reflect collective-bargained parameters, but maybe the parameter needs to be widened for nonsensical spring training fist-a-cuffs.

Race Car Driver Paul Dana’s Death and “Assumption of Risk” in Sports Law

Sadly, IRL driver Paul Dana was killed during a warm up lap for the season-opening race. As reported here: “While streaking around the Homestead-Miami Speedway oval during a warmup session, Dana failed to notice that another car had spun to a stop, slamming into it at close to 200 mph.” Dana died two hours later.

There are obvious tort law / wrongful death issues present in these and other tragic tales. Was the driver of the stopped car, Ed Carpenter, negligent in crashing his own vehicle into the wall? How about track designers, for failing to make more obvious the yellow warning lights? To be sure, blame could be placed on Dana as well; according to a fellow driver, “He carried way too much speed in and wasn't aware of what was going on around him.”

As Greg explained here, the doctrine of “assumption of risk” typically prevents participants from recovering via tort for injuries that arise from “natural” parts of the game. This doctrine, along with Dana’s apparent negligence, would likely bar recovery for his death.

The survival of assumption of risk in sports law even in jurisdictions that have moved away from assumption of risk generally (and towards the modern “comparative negligence” doctrine) is surprising. It likely results from the kind of sickening sentiment that infects courts’ sports law jurisprudence (perhaps best illustrated by “Part I” of Justice Blackmun’s decision in Flood v. Kuhn).

As a sometime teacher of first-year tort law, I challenge students to consider the incentive effects of different tort rules. What would happen if assumption of risk did not bar Dana’s (estate’s) recovery? Well, one of two things. Either the IRL (and other racing circuits) would implement greater safety precautions (speed limitations, more warning flags, etc.) designed to reduce the risk of serious injury and resultant liability. Or the IRL would insure against such risks, incurring the cost of higher premia; such costs would be passed on to viewers / spectators / television sponsors.

Most students intuitively defend assumption of risk on the grounds that changes like more aggressively deployed “caution” flags (or nets protecting baseball spectators from foul balls) would “ruin” a sport. Judges, I suspect, often reach their conclusions based on similar instincts. But note what I’ve said about the incentive effects of abolishing assumption of risk in sports: Either the game would change, or IRL would buy more insurance and pass on to fans the costs of premia hikes. If in fact greater safety measures would “ruin” racing, then the IRL would likely pursue the greater-insurance solution. Yes, fans would probably end up paying more for their tickets; but since it’s the fans that are enjoying the benefits of non-ruined racing, isn’t it most fair to let the fans bear the cost?