Cheering speech through not cheering

Since silence and non-participation are a means of expression, there will be an interesting free-speech event in Pittsburgh tonight.

A group called Fans for Change has organized a fan walkout for tonight's game between the Pirates and Washington Nationals at Pittsburgh's PNC Park. The protest consists of a pregame rally and petition drive on Federal Street, outside the park, from 5-7, then a mass walkout at the end of the third inning (fans either will leave or stand in the concourse through the end of the fourth inning). Fans also are being encouraged to wear green t-shirts, symbolizing money. Details here and here; an interview with one of the organizers is here. (H/T: Pittsburgh Sports and Mini Ponies and, as always, Deadspin).

Oriole fans staged a a similar walkout in Baltimore last year. And Lions fans have been doing cartwheels for two years calling on the team to fire GM Matt Millen. Of course, the on-field performance of both teams suggests that this form of fan expression does not work very well.

The Pirates have responded to the walkout by ordering the Pittsburgh broadcast team on FSN Pittsburgh not to discuss or show the walkout and the network has agreed; both the FSN and Nationals telecasts will go to commercial at the end of the third. All references to the walkout have been removed from the team message boards. This raises some interesting issues about both networks' commitment to informing the public. If something plainly newsworthy, important, and related to the game occurs, what is their obligation to cover it, even if it is negative or critical of the home team (with which FSN has a contract)? Striking the balance between covering "their team" and some degree of objectivity is an ongoing tension for all local-broadcast outlets. But suppose the walkout is extremely successful (say 15,000 people out of a crowd of 22,000 walk out) and a foul ball is hit into a deserted section of the stands--will FSN show that?

And might the Pirates try to take even stronger steps to cut the protest off? For example, the team could try to break up the pre-game rally in the name of "keeping the street free and clear for foot traffic"? The Pirates and MLB talked seriously about different steps to control what pedestrians can do on Federal Street, for traffic reasons, during the 2005 All-Star Game. The Cleveland Indians got in First-Amendment trouble for breaking up an anti-Chief Wahoo protest rally on the sidewalks outside Jacobs Field in 2000.

Alternatively, the Pirates might try to keep fans in their seats or in the seating area during the targeted protest time between the third and fourth innings--the Yankees have showed how to do that. Just keep the fans in their seats during the period that they want to leave as part of their collective message; they can leave immediately after the short break between innings is over. But since they want to leave at a set time, the delay effectively blunts the intended message. Consider, by comparison, that the Oriole-fan walkout was deliberately staged at 5:08 p.m.--in honor of Brooks Robinson (No. 5) and Cal Ripken Jr. (No. 8). But if the team could delay the departure by one minute, that part of the message gets lost to some degree. I doubt the Pirates will try this, but it gets more interesting as I think about it.

I may have more to say on this after the events play out.

Update:

The Parrot has further information on how the media is going to play it. The other local broadcast outlets ( are considering using helicopters or tower-mounted camera. But The Parrot points out that these outlets have to walk a fine line themselves. While they do not have the same type of close relationship with the team that FSN Pittsburgh has, there might be some fear of the Pirates retaliating against an outlet that covered the story that the team does not want shown. And that is unfortunate. Because whatever reason the team's own broadcaster might have to downplay the negative, these other outlets are operating as true journalism operations and unquestionably have an obligation to inform the public and to be critical of the team.

VILLAREAL TRANSFER DIEGO FORLAN TO ATLETICO DE MADRID

It is official. VILLAREAL has announced on its web site that theyhave transferred their Uruguayian forward DIEGO FORLAN toATLETICO DE MADRID.Atletico will pay 21M€ for Forlan & have him for the next 4seasons. The player will be officially presented to fans & mediaafter his participation in the South American Championships werehe is with his national side.This indirectly signals what everyone

MOTO GP. JORGE LORENZO SHINES FOR SPANIARDS IN 250CC

Big day at the Dutch Moto Gp with our Spanish riders doing well,specially JORGE LORENZO in 250cc who won & extends his leadin the overall Championship points table.Another Spaniard finished 3º, ALVARO BAUTISTA, who sharedpoduim with DE ANGELIS & Lorenzo.Overall 250 cc World Championship table stands:1. J.Lorenzo 178pts; 2.Dovizioso 155; 3. De Angelis 155; 4.A.Bautista116In the Gp catagory,

REAL MADRID HAVE AGREEMENT WITH ROBBEN

According to "as", REAL MADRID & CHELSEA´s 23 year oldDutch International ARJAN ROBBEN have come to an agreement.Now Real Madrid need to fight it out with Chelsea & negotiate thetransfer of the player.Real & Robben have settled that the Dutchman will get paid morethan at Chelsea & for a contract of 6 years. The rumoured transferprice tag is said to be around 20M€, a figure that Chelsea will

SPANISH FOOTBALL TRANSFER NEWS BRIEFS

SFS thought it put the cover of "marca" to give its readers an ideaof how FERNANDO TORRES will look dressed as a LIVERPOOLplayer. It not official, but it real close & within the next days it willbe shut. Apparently, the deal just needs Torres OK who is on holidays& returns next week.German Champions STUTTGART have ZARAZOGA forwardEWERTHON as objective & have offer 7.5M€. Zaragoza havesaid no, but

Stephen A. Smith Heckled at the NBA Draft

I thoroughly enjoyed this last year, and they're back again heckling Stephen A. at the draft...

"Some people say you are the best forward since Slava Medvedenko."



And of course, the 2006 version:

Thoughts on Last Night's NBA Draft

Like most NBA drafts, last night's made for great television (at least until things seemed to slow down dramatically with picks beginning in the 20s). There are excellent draft recaps today by Chad Ford, Bill Simmons, Marty Burns, and Charley Rosen. Jeff Clark and Henry Abbott also ran an excellent draft chat on ESPN, and its transcript is worth checking out.

To me, the most interesting development was the Milwaukee Bucks selecting Yi Jianlian at #6, even though Yi's agent, Dan Fegan, did everything he could prior to the draft to dissuade the Bucks from taking him. And that's because, according to the Associated Press, Yi "wanted to play in a city with a strong Asian influence . . . there are about 27.5 thousand people of Asian descent living in Milwaukee, population 605,000." Yi would have been selected by the Boston Celtics at #5 , but the team decided to trade the pick for Ray Allen. So will Yi demand a trade from the Bucks? According to Sun Qun, the editor of China's top basketball newspaper Pioneers, the answer is no and he managed to take a shot at American players in explaining why:

Yi probably will not say 'No' to the Bucks. He is not American. He respects the NBA very much.

In addition, there have been several excellent pieces over the last week that touch on how the law connects to the NBA draft, including Ted Miller's column in the Seattle Post Intelligencer on how the NBA's new age eligibility rule affected Spencer Hawes and the University of Washington in last night's draft (and my thanks to Ted for his kind words of my research and of Sports Law Blog), and Oscar Robinson's column in the New York Times on how the NCAA should revisit its eligibility rules on players who declare for the NBA draft.

LEAKED NEWS :ATLETICO DE MADRID & LIVERPOOL COME TO AN AGREEMENT. FERNANDO TORRES GOES TO ANFIELD

The news from "TeleMadrid" says that ATLETICO DE MADRID& LIVERPOOL are close to an agreement regarding the transferof its star forward FERNANDO "The Kid" TORRES.The price is 32-33M€ & the contract for 5 seasons, were Atletico havethe 1º option to recover the player if he were to leave Liverpool.It is now up to Torres to say yes or no.However, just a few minutes ago, radio programmes across

FC BARCELONA NEWS. DECO & LAMPARD IN A "SWAP" DEAL?

English daily "The Times" sent the news out, Spanish papers todayreinforced it & "El Mundo" further expands on it.FC BARCELONA is willing to pay 22-23M€ for CHELSEA midfielderFRANK LAMPARD, or "swap" its Portugues Internacional DECOfor the Englishman.In fact, FC Barcelona´s original idea was to finance the Lampard transfer price by the money they could receive from INTER MILANif they succeeded

SPANISH FOOTBALL TRANSFER BRIEFS

OLYMPIQUE DE LYON player ERIC ABIDAL is set to sign withFC BARCELONA today after ungoing the routine medical check.The picture below ( from "Sport") shows the player & his representatives at the Barça offices.According to "Marca", ATLETICO DE MADRID has made a firmoffer to LIVERPOOL for its Spanish midfielder LUIS GARCIA.It is said that the offer is 5M€, however it is more likely that Garciawill

NBA Draft, Winners, Losers, and things that confused me

OK, I have lots and lots of thoughts about the NBA Draft, but I'll try to condense it somewhat and just write down some things I liked, didn't like, and was a little confused by.

Things I Liked:
- The Oden and Durant picks - OK, these were really obvious choices, but sometimes you have to congratulate guys for not screwing up. Both guys are going to be stars sooner rather than later and should change both franchises around.

- The Knicks getting Zach Randolph - The concerns are certainly there (as were expressed by Dick Vitale), but on paper this is a fantastic deal for the Knicks. If Randolph can stay out of trouble, there's not a whole lot of 4/5 combos than Eddy Curry and Zach Randolph, with David Lee off the bench. And really, they didn't have to give up that much.

- The Bobcats getting Jason Richardson - Stephen A. Smith didn't seem to like this deal, but I thought it was pretty solid for the Bobcats. Richardson is a lot of money, but the Bobcats were under the cap. But Richardson is a really solid player and I think he turns them into a playoff team... Felton-Richardson-Wallace-Okafor-Brezec is a pretty nice starting lineup, especially in the East.

- Corey Brewer to the Timberwolves - Nice pick for the Wolves here... I think Brewer was definitely the best player left on the board and should immediately have an impact in Minnesota. Whether that impact comes with Kevin Garnett in town is yet to be determined.

- The foreign player picks - I thought a lot of teams had some really good picks of these foreign guys, and all of them were in the West. Bellinelli is a GREAT fit for the Warriors, Splitter is a typically excellent San Antonio pick, and the Blazers getting Rudy Fernandez for basically a couple million dollars is really nice as well. All really nice picks, especially later in the first round.


Things I Didn't Like:
- The Blazers end of the Randolph deal - I think they had to trade Randolph (if only to get him away from Oden), but I don't really like what they got out of it. Steve Francis was a bit of a problem child in New York, and he wasn't all that effective when he played. Channing Frye is a nice young player, but not great as the second piece for a very good post player.

- The Sonics taking Jeff Green - Green is a fine player, but when the Sonics got the 5 pick from Boston (more on that later) I was hoping for a little more. Green basically plays the same position as Durant and Rashard Lewis (who they have to be looking to resign now). Why not go for a guy like Corey Brewer, who can immediately take Ray Allen's spot? I didn't really like that pick. But again, it might not turn out so bad because Green is really talented.

- Aaron Brooks to Houston - I'm just not sure about this pick for the Rockets, especially since they already have Mike James, Rafer Alston, and Luther Head. Brooks is a really good shooter, and he's quick off the dribble, but is he really going to have that big of an impact with those other PGs?

- Alando Tucker to Phoenix - Tucker was a great college player and he brings some things to the table, but how does he fit in with Phoenix? He's not a really good outside shooter, and that's rather important in Phoenix's system. Really a strange pick, especially with guys like Gabe Pruitt and Derrick Byars still on the board. When asked about it, D'Antoni said they were impressed because he has good character and is a winner... those things are great, but is that the best you want from a first round pick?


Things that Confused Me:
- The Celtics trading for Ray Allen - I think it was a fair trade, and rumors like this have been floating around for a while, but why? Allen probably makes them a playoff team, but he's getting older and he's not going to lead them to the Finals. Again, I don't really think is a really bad move for Boston, because they didn't give up much other than the 5th pick, but the direction of this team just kind of confuses me some. But Pierce, Allen, and Jefferson should at least be fun to watch.

- Thaddeus Young to the 76ers - OK, this isn't a huge thing, but Young over Julian Wright and Al Thornton? Really?

- The Warriors trading Jason Richardson - Like the Boston deal, I don't think this is really bad for Golden State, but it confused me. The Warriors were a playoff team last year and look like an up-and-coming team, and I think this sets them back some. They must really like Michael Pietrus a lot. The good news, though, is that Brandan Wright is definitely a perfect fit for their system. He should fit great in their up-and-down style. But again, it's going to take a couple years, and Baron Davis is pretty fragile.

Who are your winners and losers?

REAL MADRID SACK FABIO CAPELLO

FABIO CAPELLO will no longer sit on this seat. REAL MADRID "Football Director", Pedja Mijatovic, has announced a couple of hours ago at a packed press conference, that Capello will no longerbe the teams coach.The decison was made earlier today after a full board meeting was heldwhich was chaired by President Calderon.Although Capello steered Real Madrid to its 30th League title, thisseason, it

ATLETICO DE MADRID NEWS. DIEGO FORLAN & RIQUELME CLOSE TO SIGNNING.

According to the mayor Spanish sports daily´s ( as & marca), ATLETICO DE MADRID is on the verge of announcing thesignning of VILLAREAL forward DIEGO FORLAN.However, there is a new element. Atletico may have shut a 2 for theprice of 1 ( plus a player ) deal; SFS will explains in more detail.Atletico will give Villareal 30M€ in which 20 is for Forlan & 10 will befor RIQUELME. Villareal asks that

SPANISH FOOTBALL. TRANSFER MARKET BRIEFS

ERIC ABIDAL is close to becoming the 3º major signning for FCBARCELONA after negotiating with OLYMPIQUE DE LYON & "pushing up" its offer to 15M€, according to "Mundo Deportivo".Sources comment that its Barça last offer & that a decision is closeat hand.Young star defender & ex-GETAFE player, ALEXIS, was officiallypresented yesterday as a new player for VALENCIA CF. Real Madrid were also very

ATLETICO DE MADRID. MORE FERNANDO TORRES NEWS

The maximum authority at ATLETICO DE MADRID, Miguel Angel Gil, has made some interesting comments to "Mirador" aprogramme of "Punto Radio" that "Europa Press" has picked up,that maybe interpreted as "opening the door" to FERNANDOTORRES & hinting about his possible future.When asked about Torres´s the two replies SFS wishes to highlightare ( translated to English ): "...no player is that

SPANISH FOOTBALL. TRANSFER NEWS - DRENTHE, FORLAN , ...

Spanish Football is vibrant this week with new signnings, officialtransfer presentations, plus plenty of rumours & gossip circulatingaround the media.REAL MADRID has put itself the objective to secure young Dutch U/21 star & FEYENOORD player ROYSTON DRENTHE. The starof the current U/21 European Championships has attracted theattention of the Real scouts & specially its "Football Director",

More NBA Draft Thoughts

After giving my NBA mock draft yesterday, I figured I could post a few more thoughts of mine heading into the draft, because, well, that's sort of what this blog is for.

If I had a draft board, I would probably have it ranked something like this:
1. Greg Oden
2. Kevin Durant
3. Al Horford
4. Yi Jianlin
5. Corey Brewer
6. Mike Conley
7. Brandan Wright
8. Jeff Green
9. Joakim Noah
10. Al Thornton
11. Spencer Hawes
12. Julian Wright
13. Rodney Stuckey
14. Nick Young
15. Thaddeus Young

My Overrated List:
1. Acie Law - He was a fantastic player in college, but I do have some doubts about his pro potential. He is not that athletic (especially for a PG), and he doesn't have great range on his shot. I think he can be a solid player, but I'm not sure if he'll ever be a really good starting PG.
2. Javaris Crittenton - I do like him as the 2nd best pure PG in the draft, but I'm not sure he's worthy of going in the Lottery. He had some problems with decision making, though that might just be attributed to being a freshman in the ACC.
3. Julian Wright - He's kind of a poor man's Jeff Green in my mind. I do like his game, but he's not that big (strength wise) to play on the post, and his jumpshot is questionable. He does a lot of things really well, but again I'm not sure if he's suited to be a good NBA starter.

My Underrated List:
1. Rodney Stuckey - He's from Eastern Washington which makes some people dismiss him a little because of the competition, but I really like his game. He's a bit of a tweener, but there have been lots of guys like that having success in the NBA lately. I think he'd be a great pick for Detroit at 15, which is I think where he's headed.
2. Jason Smith - Not too many guys know him well, but he's an athletic big man who rebounds well and has decent range on his jumpshot.
3. Marco Bellinelli - The Italian who is pretty much ready to play right away. He's got a good jumpshot and has shown improved athleticism.
4. Jared Dudley - In the class of Paul Millsap and former teammate Craig Smith as far as really solid players that will contribute, but slip because the lack of athleticism. Dudley is a bit of a tweener, but he was just so productive, I can't see him NOT being a solid role player in the NBA.

Your thoughts?

SPANISH FOOTBALL. MORE TRANSFER NEWS BRIEFS

ATLETICO DE MADRID has secured the loan of AC MILAN(currently on loan to Torino) goalkeeper CHRISTIAN ABBIATIfor next season.The player flew to Madrid today & passed the regulatory medicalexaminations.Its now 100% official 24 year old midfielder YAYA TOURÉ waspresented today to fans & media as a new FC BARCELONA playerStaying with FC BARCELONA, Daniel Prade, "Football Director"for Italian club

David Ortiz's War on Umpires

Over on The Situationist--which was recently named Best Social Psychology Blog--Jon Hanson and I have a piece entitled "What's Eating David Ortiz?" that you may find interesting.

Our piece offers a psychological explanation for why Red Sox designated hitter David Ortiz--described by some as the greatest clutch hitter in Red Sox history--has become so acrimonious in his relationship with umpires this season, a season in which Ortiz has played well, but has lacked the flair for the dramatic that has signified his Red Sox career.

We contend that his frequent questioning of calls relates to a particular set motivated attributions that leads him to explain his less heroic performance in a way that doesn't compromise the hero disposition that he’s been enjoying but still explains his cooling bat (even though, in truth, his cooling bat better reflects the statistical flukiness and fortuitous circumstances of his past clutch hitting).

We hope you check out our piece on Ortiz. You might also like our post, "The Magic of Jonathan Papelbon's Knuckle-Knock."

SPANISH FOOTBALL TRANSFER BRIEFS & GOSSIP

Today SFS has some news briefs after roaming the local sportsdailys.The first interesting piece is the news thatREAL MADRID is following the youngDutch U/21 star & FEYENOORD playerROYSTEN DRENTHE (pictured).The Holland U/21 side defeated Serbia in thefinal & Drenthe played an important part inhis teams victory, & throughout thewhole tournament.ATLETICO DE MADRID has asked FC BARCELONA the price

Congress to Investigate Pension and Disability Treatment of Retired NFL Players

Tomorrow at 1 p.m., the House Judiciary Subcommittee on Commercial and Administrative Law will conduct a hearing on the disability benefit application system offered to retired NFL players by the NFLPA. A number of ex-players have asserted that the NFLPA has ignored the needs of former players--the very players whose labor, arguably, built the league from which current players benefit. Former Dolphins tight end Jim Mandich, for instance, has called the NFLPA "greedy [jerks] that don't care of their own."

So how much do ex-players receive in their pension? According to Andrew Abramson in an excellent article in the Palm Beach Post, former players who retired before 1993 receive on average about $250 per month for every year they played in the NFL--meaning that a retired player with four years of NFL experience earns about $1,000 a month in his pension. Granted, the number varies depending on what age a player decided to take his pension, but even the higher-end monthly stipends are much lower than pensions for other major sports.

In another excellent article on this topic, CNN Money's Chris Isidore explores the disability portion of the retirement system. He notes that while 284 players received disability payments totaling $19 million last year, that only came to a modest average of $66,000 each--"hardly sufficient for some of the players facing severe and costly medical problems."

So how does a retired player seek disability benefits? Here's how:

Six trustees, who oversee the benefits process on the NFLPA retirement board, approve disability benefits. The trustees include three former players and three team owners.

If a player is denied benefits and a court of appeals is willing to hear his case, the Groom Law Group, which wrote the NFL's collective bargaining agreement and oversees legal matters for the NFLPA's retirement plan, serves as the retirement board's attorney.

Only 284 retired players currently receive disability benefits, according to Groom Law attorney Doug Ell, and there are an estimated 9,500 retired players overall.

More than 20 players who were denied benefits by the retirement board have had their cases heard in appeals court. The Groom Law Firm was successful in preventing all but one of those players from receiving benefits.

This subject has attracted more attention in light of recent findings concerning the long-term health problems of those who play in the NFL (see Geoffrey's post, Andre Waters and Concussion Liability, and articles by Alan Schwarz in the New York Times--Expert Ties Ex-Player's Suicide to Brain Damage & Dark Days Follow Hard-Hitting Career). Perhaps more than ever, an enhanced pension and disability system is essential. Along those lines, notes committee Chairwoman Linda Sanchez, "the NFL is a billion-dollar organization built on the backs of individuals who have, in many cases, sacrificed their mobility, suffered traumatic brain injury, or worse. I called this hearing to bring together representatives of the NFL, the players union, and retired players to have an open discussion on the fairness of the system to severely disabled retired players."

Among the alternative systems that will be discussed tomorrow is whether individual franchises should carry their own disability insurance for players. But that very idea was rejected in 1993, when the NFL bargained with players that in exchange for free agency, individual teams wouldn't be responsible for disability insurance. Other ideas to be examined will include setting aside an additional 1 percent of league revenue which, according to Isidore, would more than quadruple the amount that could be paid out to in injured and disabled former players, and a $5 per ticket surcharge, which would raise even more. The NFL and NFLPA--neither of which will have their leaders, Roger Goodell and Gene Upshaw, respectively, present at tomorrow's hearing--will likely argue that the system reflects the collective bargaining desires of the respective bargaining units and that it is not one that Congress should interfere with it.

The hearing, which will be webcast at this link, features the following witness list:

• Brent Boyd - Retired NFL player

• Harry Carson - Retired NFL player

• Mike Ditka - Retired NFL player

• Curt Marsh - Retired NFL player

• Dennis Curran - Senior Vice President and General Counsel, National Football League

• Douglas W. Ell - Plan Counsel to the Bert Bell/Pete Rozelle NFL Players Retirement Plan (Groom Law Group)

• Cyril V. Smith - Partner at Zuckerman Spaeder LLP

• Martha Jo Wagner - Partner at Venable LLP

It should be a fascinating hearing and I look forward to watching the webcast. For additional information, please contact Jonathan Godfrey, Communications Director of the Judiciary Committee.

Update: The written testimony of the speakers is available at this link (my thanks to the anonymous commentator who provided the link in the comments section).

NBA Mock Draft

With the draft finally just a few days away, it's time for the final edition of my mock draft. I'll just give my picks for the lottery, because things become a lot more complicated beyond that and I don't want to embarrass myself with the lack of success. Also, for other mock draft databases that have been kind enough to link to my first mock draft, check out the DC Pro Sports Report or Walter's Football Site, which both have extensive links to mock drafts.

Anyway, enough talking, on to the mock draft.

1. Portland Trailblazers - Greg Oden, Ohio St.
Draft Kevin Durant (an excellent blog) may disagree, but I have to think Oden is the pick here. As I wrote when I blogged about this last week, I think Oden is the right pick, though Durant wouldn't be bad. As long as they take one of those two, there is no bad pick here. I firmly believe that.

2. Seattle Supersonics - Kevin Durant, Texas
If Oden is the grand prize, Durant is a pretty good consolation. Durant comes into the league with an offensive skillset that we have NEVER seen before from someone his age. The perimeter jumper, the postup game, driving to the hoop, with his height and wingspan... I'm not sure we've ever seen something like this.

3. Atlanta Hawks - Al Horford, Florida
Almost everywhere I've read seems to think that Horford is the pick here, and I agree. He's the 3rd most ready to play, and he has all the tools to be an above average power forward. They should be able to address the PG position with the 11th pick, so with this you just have to go BPA, and that is Horford.

4. Memphis Grizzlies - Mike Conley, Ohio St.
I think they'd love to get their hands on Horford, but that doesn't look like it's going to happen. This could be a little dicey because they took Kyle Lowry last year, but they don't really have any other youth at that position. Conley probably isn't ready to be a starter right away, but he should be able to play some minutes there and be a good starter soon.

5. Boston Celtics - Corey Brewer, Florida
This is where a lot of the intrigue starts, because Boston could take Brewer, Yi, Jeff Green, or very possibly trade the pick (as has been rumored a lot). I kind of think they'll trade the pick, but if they do hang onto it I think Brewer will be the choice. He's ready to contribute right away on the wing and is the best option if they want to reach the playoffs next year, which all of the trade rumors would suggest.

6. Milwaukee Brewers - Yi Jianlin, China
It's a long-term option, but he could have one of the highest ceilings of anyone in the draft. There are concerns that he might be soft, or not NBA ready, but he's still a 7-footer with great range and skills. Milwaukee might not be the best fit for him, but I think he's the pick if he's still on the board here.

7. Minnesota Timberwolves - Jeff Green, Georgetown
There is a lot of talk that the Wolves like Noah as well, but Green is the more well-rounded player, and is a bit of a poor man's Garnett (without the defensive ability of KG). He's unselfish with the ball, is a good passer, and has pretty good range on his jumper. He'd be a nice fit alongside Kevin Garnett.

8. Charlotte Bobcats - Joakim Noah, Florida
Noah seems to fit the prototype that the Bobcats have... successful college players from successful college programs. People seem to be bashing Noah more than anyone else in this draft, but I think he's going to be a really nice role player. He's very solid defensively, has a high basketball IQ, and plays with tons of energy. Everyone can use a guy like that.

9. Chicago Bulls - Spencer Hawes, Washington
The offensive-skilled big man the Bulls need. Hawes is comfortable around the basket, which is something that the other big men can't really say right now. He's not going to be able to step in right away and start, but they don't need that. He'd be a great fit for the Bulls and another young piece for a talented team.

10. Sacramento Kings - Brandan Wright, North Carolina
Wright seems to be slipping every day with poor workouts and concerns about his motor, but he could be a steal if he drops this far. The concerns are certainly legitimate, but he is extremely talented. He is an athletic freak for a guy his size, and is a really good finisher around the basket.

11. Atlanta Hawks - Javaris Crittenton, Georgia Tech
There is a lot of talk lately about how the Hawks might be favoring Law, but I still think Crittenton will be the choice. He's a local guy, and even though he is not nearly as ready as Law, he probably has more potential and a higher ceiling.

12. Philadelphia 76ers - Al Thornton, Florida St.
Philly really needs a PF, but a super-athletic wing like Thornton would fit in great with guys like Andre Miller, Andre Iguodala, and Rodney Carney. Julian Wright or Jeff Green are also very strong possibilities here (especially if Green happens to slip here), but I think Philly would be pleased to get an athletic scorer like Thornton.

13. New Orleans Hornets - Nick Young, USC
Young is moving up the boards (even heard someone say Charlotte might be thinking about him at 8), but I think he will be the pick here. He fits the Hornets needs... an athletic 2 that can shoot and score. He'd be a perfect fit alongside Chris Paul.

14. LA Clippers - Acie Law, Texas A&M
With Cassell getting older and Livingston's future still a little uncertain, I think they'll take Law if he's still on the board (IE if Atlanta doesn't take him at 11). Julian Wright is another choice here, but Law is NBA ready and will help in the backcourt.

What are your thoughts? Which picks would you change around?

Stop Snitchin’

“I’m major leagues, who’s catching because I’m pitchin,’ Jose Canseco just snitchin’ because he’s finished.” - Rick Ross “Everyday I’m Hustlin’”

Jason Giambi and George Mitchell’s agreement that Giambi will testify so long as he does not have to rat out his compatriots begs the question, when is it okay to report or not to report illegal or anti-social activities to interested authorities? Social norms within and beyond sports are in conflict here. Individual freedom, privacy, and loyalty suggest that one has no duty to tell, and perhaps has low moral character for telling. Protecting others, the rule of law, openness and honesty, suggest that one should or must cooperate with those authority figures charged with rooting out and punishing untoward, illicit or illegal behavior.

Ray Lewis was charged with murder because he wouldn’t drop a dime (quarter? phone card? text message?) on his buddy who killed someone in a scuffle. Initially, he was disparaged by the media for obstructing justice. But he was soon forgiven.

Carmelo Anthony was chastised for appearing in a low-budget video shot in his hometown of Baltimore entitled, Stop Snitchin’. Like young Vito Andolini in Godfather II, you mind your business in the ghetto. The Stop Snitchin video was marketed towards hiphoppers who buy underground mixtapes and videos on street corners in innercities. You will not find it in Borders. It was not marketed to children or even most adults, only to those who already believe in the “code” in the first place. Carmelo was disparaged, but ultimately forgiven.

Now Giambi refuses to sing. I predict Jason Giambi will be treated the same way. He’ll be disparaged and quickly forgiven. We feel we must do something to honor the rule of law and openness and honesty. But not too much, because it seems obvious that fraternal loyalty is the greater principle. Consider that, years ago, Jose Canseco told us all about how prevalent steroids were in the game. He snitched, loudly and proudly. And he will never be forgiven.

MANCHESTER UNITED ENTERS THE FERNANDO TORRES TRANSFER "BATTLE"

According to "AS", MANCHESTER UNITED has entered the picturealong with ARSENAL & LIVERPOOL to try to secure the servicesof ATLETICO DE MADRID young star striker FERNANDO TORRESLiverpool started things with its offer early last week & now may put itsFrench forward DJIBRIL CISSÉ in a bargainning card. Atletico isinterested however in Villareal´s Forlan to substitute Torres if he leaves,however

SPANISH FOOTBALL TRANSFER BRIEFS

Three quick transfer news pieces for SFS readers.Firstly, a picture says a thousand words, & THIERRY HENRYarrived at BARCELONA yesterday to be welcomed by hundredsof journos, photographers & curious fans.Another Barça signning Ivory Coast International & midfielderTOURÉ also flew into Barcelona to do his medical check & signlater for the clubATLETICO DE MADRID & Greek club OLYMPIAKOS have averbal

ARSENAL IS A NEW PLAYER IN THE FERNANDO TORRES TRANSFER "BATTLE"

Just when the news was that LIVERPOOL may shut a deal withATLETICO DE MADRID to sign FERNANDO TORRES this weekwith a 36M€ in hand & possibly with Luis Garcia included , news nowcomes in that ARSENAL has stepped into the game to try a "snatch"the Spaniard. SFS has seen this piece on local sport daily "AS" site thisafternoon.Arsenal wants Torres to be their new Henry & now that they have"fresh"

BASKETBALL. REAL MADRID ACB SPANISH BASKETBALL CHAMPIONS

REAL MADRID has defeated BARECELONA 71 - 82 & win thefinal play-offs 3-1 to take the SPANISH ACB BASKETBALL titlefor 2006/07REAL MADRID player ( pictured below) FELIPE REYES wasoutsatnding during the play-offs & in this game scored 21 points.Reyes was voted MVP of the final series, an award that everyoneagrees with & stamps him as one of Spain´s great players.

West Virginia University College of Law Symposium on Race and Labor in 21st Century Sports Law

On October 4th and 5th, the West Virginia University College of Law will host a symposium entitled "Reversing Field: Examining Issues of Commercialization, Race and Labor in 21st Century Sports Law.” I am honored to be speaking at this event, which is spearheaded by Sports Law Blog contributor and WVU law professor andre` douglas pond cummings and also includes blog contributors Joe Rosen and Andre Smith.

The symposium's sponsors--the WVU Law Sports and Entertainment Law Society, the Office of the President of WVU, and the WVU School of Physical Education--have assembled a terrific group of academics and practitioners to debate key issues related to the intersection of race and labor law in sports: commercialization of intercollegiate athletics, race issues in collegiate and professional sports, drug testing, gender equity, and economic weapons.

Speakers include:

• Dana D. Brooks, Dean, WVU School of Physical Education

• Todd J. Clark, Law Professor, North Carolina Central University

• David Cornwell, Agent (Ricky Williams, Shawne Merriman, et al)

• andre` douglas pond cummings, Law Professor, West Virginia University

• Timothy Davis, member U.S. Anti-Doping Agency, Law Professor, Wake Forest University

• Jamin Dershowitz, General Counsel, WNBA

• Bobby Douglas, Former Olympic Wrestler, Wrestling Coach, Iowa State

• Jeremi Duru, Law Professor, Temple University

• Bill Gould, Law Professor, Stanford University

• Suzan Shown Harjo, advocate for Native American Rights, plaintiff in Mascot Debate case

• Gordon Hylton, Law Professor, Marquette University

• Floyd Keith, Executive Director, Black Coaches Association

• Marlon LeBlanc, Men’s Soccer Coach, West Virginia University

• Anne Marie Lofaso, Law Professor, West Virginia University

• Michael McCann, Law Professor, Mississippi College

• Tandy O'Donoghue, Senior Counsel, U.S. Tennis Association

• Gene Orza, Chief Operating Officer, MLB Players Association

• Joe Rosen, Sports Agent, Orpheus Sports and Entertainment
  

• Kenneth Shropshire, Law Professor, University of Pennsylvania, President, Sports Lawyers Association

• Daniel Silverman, Attorney, Skadden Arps

• Andre Smith, Law Professor, Florida International University

• Dennis Walsh, NLRB

• Charlotte Westerhaus, Vice President of Diversity, NCAA

It should be a terrific event and is open to the public. For additional information, please contact Stacey Evans, who is President of the WVU Sports and Entertainment Law Society.

Judges as Umpires, Redux

On Slate, Walter Dellinger (former Acting Solicitor General, con law professor, and appellate lawyer) offers his "Five-Minute Crash Course in Constitutional Law" for non-lawyers.

He gives the best rebuttal I yet have seen to the "judges should be umpires" tripe:

Senators especially like it when a nominee says a judge's role is just to be an "umpire." But broad constitutional phrases are different from sports rules, so a judge would be like an umpire only if the game—instead of having a strike zone and a set number of balls, strikes, and outs—provided instead that "each batter shall have a fair chance to hit the ball" and "each team shall have a reasonably equal opportunity to score runs." Key language of the Constitution is that broad, meaning that men and women appointed to the bench must necessarily exercise judgment. Which is, of course, why they are called judges, and not umpires.

Wish I had said it exactly that way.

SPANISH CUP FINAL: SEVILLE FC 1 - GETAFE 0 (SEE VIDEO)

Grand night & season for SEVILLE FC winning its 1ºever SPANISH CUP with a 1 - 0 scoreline over GETAFE.The 2 time & current Uefa Cup winners won thanksto a goal by KANOUTE.Here is the VIDEO highlight of the match

LIVERPOOL LOOKS SET TO SIGN FERNANDO TORRES

According to most media sources in Spain & England, bothATLETICO DE MADRID & FERNANDO TORRES haveagreed to accept the LIVERPOOL transfer offer as long asthe English team puts on the table 36M€The deal could be shut as early as next week.Atletico already have a plan on how to find a substitutewith the new cash. The Spanish team would pay the contractclause of Villareal´s Uruguayian forward DIEGO

THIERRY HENRY & FC BARCELONA SHUT THE DEAL

It´s "splashed" all our the Spanish papers, French forwardTHIERRY HENRY has signned for FC BARCELONA for4 seasons with a transfer price of 27M€. The player hascommented that the grand attraction of Barça was its styleof Football.The Frenchman will be payed 6M€ /season & is expectedto arrive at Barcelona early next week for the routinemedical check & presentation to media.

REAL MADRID: SENSE OF HUMOUR FROM BARCELONA

Interesting piece of humour from Barcelona with daily"Sport" reffering to the Real Madrid´s President Calderonindecision on who will coach the team next year.The truth is that BERND SCHUSTER seems to be thechosen man as Capello has left for holidays "almost"saying goodbye to everyone & accepting that he willno longer return.However, Catalan humour wishes to take millage out ofthe situation,via

MLB Power Rankings

Well, with the draft still a little ways away and not much else going in the Wide World, I figured now was a good time to unveil a little bit of power rankings. Here's my top 10 as of now:

1. Boston Red Sox - Best record in the MLB, best pythagorean record in the MLB. Also, a fun fact is that they are 18-4 in day games so far this year.

2. Detroit Tigers - There offense has been far and away the best in the Majors so far this year, and the pitching should be helped with the return of Kenny Rogers. Sheffield and Ordonez might be the best 3-4 combo in baseball right now.

3. Los Angeles Angels - Pick up Reggie Willits in all of your fantasy leagues if he's still available. He's batting .344, takes a lot of walks, and steals a lot of bases (18 so far). Probably one of the best fantasy moves I have made all season.

4. San Diego Padres - Ladies and gentlemen, the best team in the National League. They easily have allowed the fewest runs of any teams in the Majors, and their middle of the pack offense should get a little boost with the addition of Michael Barrett. Kevin Towers is one of the most underrated GMs in the MLB.

5. Cleveland Indians - Unfortunately for my fantasy team, Travis Hafner has really struggled in the month of June. Unfortunately for myself as a Twins fan, it hasn't really mattered, as the Indians have continued to play well.

6. Oakland Athletics - Like San Diego, Oakland has an excellent pitching staff but a pretty mediocre offense. Unlike San Diego, they have another excellent team in their division and lots of competition for the wild card.

7. Los Angeles Dodgers - They've been a little lucky so far in 1-run games, but they are playing very good baseball. The pitching staff has especially been good, as they've allowed the 4th fewest runs in the MLB. That should help offset the loss of Jason Schmidt.

8. New York Yankees - I know they are only playing about .500 baseball, but they've had a lot of bad luck. They are a miserable 4-11 in 1-run games, and that tends to even out. When it does I expect the Yankees to be right back in the race.

9. New York Mets - They have been struggling a bit of late but it's not quite time to panic. The Phillies are playing very well right now but I do think the Mets are the best team in that division and will be the leaders when the year is all over.

10. Arizona Diamondbacks - They have been getting a little lucky (17-8 in 1-run games), but they are playing very solid baseball right now. I have some concerns about them staying so far above .500, but as of now 42-31 is a nice place to be.

What are your thoughts? Would you change anything up here?

Associated Press Says Public Has Right to Blacked Out Names in Search Warrant

This post essentially continues the debate within the comments to Michael's excellent post yesterday regarding the disclosure of the Diamondbacks scouting report. I had to beat Howard to it.

This week, the Associated Press asked a federal judge to make public the names of baseball players a government agent said were implicated in drug use by former major league pitcher Jason Grimsley. When the affidavit signed by the government agent to obtain a search warrant on Grimsley's home was made public in June 2006, the names of the players the agent said Grimsley accused of using performance-enhancing drugs were blacked out. The AP now says it has a right to the blacked out names.

According to the AP, "Any privacy interests of individuals named in the affidavit are insufficient to overcome the public's right to access." The AP also said that if prosecutors provided the complete affidavit to baseball steroids investigator George Mitchell, "then they should not be allowed to invoke the privacy interests of third parties as a shield to prevent disclosure to others."

So let's continue the debate. Does the public have a "right" to the names of players who were blacked out by federal prosecutors? After all, the very reason the prosecutors blacked out the names to begin with was to maintain the players' confidentiality and privacy interests. Thus, the privacy interests of the players whose names were blacked out should definitely be taken into consideration. However, as Jimmy H. mentioned in the comments section to Michael's post, the public interest in steroids usage is definitely much greater than a scouting report found on a dugout floor. So the blacked out names of the players would most likely be considered "newsworthy". But there is an "entertainment" aspect working here as well. Let's face it, this would be a great sell for the AP if they could just get their hands on these names. The public loves to read about steroids in baseball. You can bet the AP wouldn't be in court this week if these players played professional football.

What I find most interesting though, is that the AP assumes it has a legal right of access to the names if prosecutors gave George Mitchell access. What law says that? So now the press can go to court and demand legal access to any information it wants whenever that information has previously been disclosed in confidence to a third party? That's a scary thought.....

Kevin Garnett Says No to Boston Celtics: Selfish or Understandable?

Yesterday afternoon, I was annoyed to hear that Minnesota Timberwolves star Kevin Garnett does not want to be traded to the Boston Celtics. In fact, he told his agent, Andy Miller, that if traded to Boston, he would exercise an opt-out in his contract next summer to become an unrestricted free agent.

"What is this guy's problem? Why doesn't he like Boston? Why wouldn't he want to play for the NBA team with the most championships? What's good enough for Larry Bird and Bill Russell isn't good enough for a guy who has never played in, let alone won, the NBA finals?"

Those were my initial reactions, albeit as a diehard and perhaps embittered Celtics fan. Although I had mixed feelings about the rumored trade of Garnett to Boston in exchange for Al Jefferson, the #5 pick, Gerald Green, and Theo Ratliff's contract, the thought of Kevin Garnett playing along side Paul Pierce had me thinking playoffs, and a return to something better than mediocrity and way better than whatever adjective can describe the current Celtics.

But then I thought about it more objectively. Why shouldn't Garnett maximize his rights under his contract? In effect, he's using the threat of an opt-out clause as a de facto no trade clause, since no team will likely give up what's needed to convince the Timberwolves to deal him unless that team can be certain that Garnett would be more than a one-year rental.

And what's wrong with that? He and his agent likely negotiated the opt-clause in part for the very situation described above: getting traded to a lousy team that plays in a cold weather locale and that may very well have management and coaching changes within the next 12 months. That doesn't sound like a particularly appealing prospect for a 31-year-old who is probably now thinking about his legacy, which will undoubtedly be judged in part by whether he wins or at least competes for an NBA title--particularly when the Phoenix Suns are also said to be interested in him.

Let's take this a step further. For all the money Garnett earns--and it's a lot, $21 million a year--his job has a serious drawback that few us have to deal with in our jobs: his employer can trade him to some place where he doesn't want to go, and to work for an employer that he doesn't want to work for. So when Garnett tries to prevent a possible trade to the Boston Celtics, he's enjoying a benefit that most of us have in our jobs, and he only enjoys that benefit because he is really good at his job; most NBA players have no such contractual rights. James Joyner on Outside the Beltway has a piece on this subject today. Here is an excerpt:

There aren’t many lines of work where you sign a contract with one company in one location and can be suddenly be shipped to another company, forced to move across the country–or even to Canada–and suffer the family disruption, tax implications, and other consequences at the whim of ownership. There have been instances where a player is traded three times in a single season.

Presumably, the argument is that players have agreed to those terms of employment as part of the collective bargaining process. Still, professional sports leagues operate as closed shops and there’s simply no way to earn a living.

. . .

[I]t’s unlikely anyone is going to feel sorry for the plight of professional athletes making multi-million dollar salaries. Still, the amateur draft, trade rules, and other limitations on player autonomy are quite unusual. Indeed, the only comparable labor situation that comes to mind is that of military personnel, especially in the days of conscription.

Fans have the expectation that players will display extraordinary loyalty to their teams, including extending taking a “home town discount” of millions of dollars when free agency (otherwise known as, “the right to work for whomever will hire you under whatever terms you can negotiate just like everyone else”) and “putting the needs of the team above personal goals.” Yet these same fans seem to have no problem with trading these players for better ones if the opportunity arises.

So should we criticize Garnett for what may seem like "selfish" behavior or should we empathize with him for what may also seem like understandable behavior?

SPANISH FOOTBALL NEWS BRIEFS & SPANISH CUP FINAL TALK

The highlight of the weekend will be tomorrows SPANISH CUPfinal between SEVILLE FC - GETAFE, but today we have some newspieces picked up around various media sources that give us an updateon how the transfer market is moving.Ivory Coast International & MONACO player, YAYA TOURÉ, isvery close to signning with FC BARCELONA according to "Sport".Barça officials will tie the "fine details" with player

Supreme Court decision in TSSAA v. Brentwood Academy (Updated)

The Supreme Court of the United States today decided Tennessee Secondary Sch. Athletic Association v. Brentwood Academy, involving a First Amendment and Due Process challenges to the enforcement of a high school athletic association's anti-recruiting rule against a private school. We previously have discussed this case here, here, and here. A copy of the opinion can be downloaded here (via SCOTUSblog).

As I predicted on these pages, the Court unanimously rejected Brentwood's constitutional arguments. Justice Stevens wrote the opinion for the Court, joined by all members of the Court except Justice Thomas, except as to Part II-A of the opinion, which was joined only by Justice Souter, Ginsburg, and Breyer (see below).

I have not had a chance to read the opinion carefully yet (will do so tonight and may talk more about it). On the First Amendment issue, Justice Stevens took two approaches. The one that commanded a majority relied primarily on the fact that Brentwood voluntarily joined TSSAA and thus voluntarily agreed to abide by the anti-recruiting rule. The Court relied on precedent controlling government-employee speech, which generally gives government greater control over what its voluntary employees can say. Such rules only must be "necessary to managing an efficient and effective state-sponsored high school athletic league." The Court said it needed no empirical data to "credit TSSAA's common-sense conclusion that hard-sell tactics directed at middle school students could lead to exploitation, distort competition between high school teams, and foster an environment in which athletics are prized more highly than academics."

As for the due process claim, the Court detailed the TSSAA proceedings and found that Brentwood received all the process it was due.

There are three interesting features of the decision, notable for what they tell us about the present and future of broader constitutional doctrine:

First, Justice Thomas concurred only in the judgment, declining to join any part of Justice Stevens' opinion. Thomas argued that the Court's 2001 holding in Brentwood I, which held that the TSSAA was a state actor, was wrong and should be overruled.

Second, as noted, Justice Stevens lost his majority for Part II-A of the opinion, which Justice Kennedy, the Chief, and Justices Scalia and Alito refused to join. In that part, Stevens relied on precedent upholding limits on coercive face-to-face solicitation by attorneys and other professionals, namely Ohralik v. Ohio State Bar Assn (1978), likening personal athletic recruitment to hard-sell lawyer solicitations and arguing that both should be subject to closer regulation. That Justice Kennedy and the other three declined to join that part of the opinion suggests that some members of the Court would like to expand protection for commercial speech.

The third relates to a back-and-forth in the comments to the post about the oral arguments. There was discussion of how the speech at issue fits in the heart of the First Amendment and whether the First Amendment protects the free flow of information about Brentwood's sports teams. At the start of Part II-A (for a plurality), Stevens says the following:

The anti-recruiting rule strikes nowhere near the heart of the First Amendment. TSSAA has not banned the dissemination of truthful information relating to sports, nor has it claimed that it could.

Stevens clearly wanted to make this case about face-to-face contact and not the content of Brentwood's speech, emphasizing the "difference of constitutional dimension between rules prohibiting appeals to the public at large . . . and rules prohibiting direct, personalized communication in a coercive setting.

In other words: If Brentwood put the identical information and statements in its broadly disseminated promotional materials, it could not be subject to regulation. The fact that Justice Kennedy, et al., did not join at least that idea is a bit surprising to me.

Additional Comments and Commentary: Moved to Top

Eugene Volokh has thoughts on the decision, particularly the divide among the justices as to the applicability of Ohralik to justify a total ban on pre-enrollment communication with students. Volokh suggests that if the risk of coercion is enough to support the TSSAA rule, then a broad swath of speech--not only one-to-one, but also appeals to the public at large--could be subject to regulation, because some risk of coercion is present in much communication. Volokh also questions why Ohralik should control since the coach here communicated with the students by letter, not face-to-face. The Court has distinguished direct-mail solicitations, including targeted solicitations by attorneys, from oral solicitations. Even assuming risk of coercion or undue influence, why is the letter from a coach not more like the mail solicitation from an attorney, rather than the oral, face-to-face solicitation from an attorney?

Justice Kennedy's objection to Stevens' reliance on Ohralik reflects an effort to tie the decision more firmly to the voluntary-association rationale and to make clear that the TSSAA could not impose the recruiting ban as a free-standing rule against all schools in the state, including non-TSSAA members. Kennedy argues that Ohralik undermines the understanding that, absent Brentwood's consensual and voluntary membership in the TSSAA, the speech by the head coach was entitled to First Amendment protection. This explains why Justice Kennedy did not sign on to Steven's distinction between face-to-face solicitation and broader general dissemination. For him, the only distinction driving the case was between regulation of voluntary members of an organization and general regulation of a segment of the general public. The attorney regulation cases potentially implies that this case could apply outside the membership/contractual context to a host of face-to-face contact; Kennedy (plus three, plus Thomas) rejected that expansion.

Note the unanimity among the eight justices (put Justice Thomas to the side for now) on an underlying point: The substance of the letter--information about Brentwood's football team and the eligibility (and benefit) of committed pre-enrolled students to participate in spring practice--was generally within the ambit of the First Amendment. What took the speech in this case out of that realm was the context: a) Targeted and potentially coercive and made by a member of a voluntary organization (Stevens and three), b) made by a member of a voluntary organization (Kennedy and three).

Further Update 6/23:

Another take on the case from Tony Mauro at the First Amendment Center.

SPANISH FOOTBALL . VIDEO OF LA LIGA´S TOP GOALS OF 2006/07

SFS has "discovered" this interesting VIDEO of the TOP GOALSfor the 2006/07 season of "LA LIGA". Some excellent goals scored &SFS thought its readers may enjoy it.

Theft or Finders Keepers? AP Reporter Publishes Scouting Report Found on Dugout Floor

Last Thursday, the Arizona Diamondbacks played the New York Yankees at Yankee Stadium for the final game of a three-game series. The Yankees won the game by a score of 7-1, sweeping the series; the teams will not play again this season.

After the game, an Associated Press reporter was walking through the Diamondbacks' visiting dugout. He found a scouting report on the floor. The scouting report was authored by someone on the Diamondbacks' staff and discussed how to pitch to various Yankees:

Alex Rodriguez: "HOT right now. ... Chases a lot of BB's w/2-strikes, both away and in dirt. CH is fine when away. ... (vs. left-handers) Hard in, soft away. Ladder FB w/2-strikes."

Derek Jeter: "Will bunt and H&R. ... Runs early. ... Struggles w/ball down/in and will chase SL away. ... Get ahead. Fairly aggressive so will need to mix pitches and locations 1st pitch."

Bobby Abreu: "HOT right now. ... Good guy to crowd once you're ahead. Hammers 1st pitch FB's away w/RISP."

Johnny Damon: "(vs. right-handers) Struggling w/soft stuff. ... (vs. left-handers) Keep honest w/FB up/in."

Key: FB-fastball; CH-changeup; SL-slider; BB's-balls; ladder-high fastballs, out of strike zone; H&R-hit-and-run.

The reporter published the scouting report in an Associated Press story that was picked up by various publications.

Should he have done so? Didn't the Diamondbacks have a reasonable expectation of privacy for their proprietary information? Or were the Diamondbacks merely irresponsible with their belongings, and thus did not enjoy any legal protection to the information?

There are different ways to examine the issue. My initial reaction was surprise that the property of the Diamondbacks in their dugout would be considered "fair game" (for lack of a better expression) for a reporter to take and publish. This viewpoint was endorsed by the Diamondbacks when they formally complained to Major League Baseball about the "theft":

The Arizona Diamondbacks have contacted Major League Baseball about an Associated Press reporter who discovered their advance scouting report on the New York Yankees in the dugout yesterday and put its contents on the wire. "I am furious," one Diamondbacks executive said. "That is theft."

I can see why the Diamondbacks and perhaps also the Yankees might feel that a private team document accidentally located on the ground of a team dugout should not be removed from the premises or used in a publication without their permission. Under that interpretation, the taking and subsequent use of the scouting report might be construed as misappropriation, the unauthorized or improper use of a party's confidential information or intellectual property, or trespass to chattles, the intentional dispossession of another's property. Beyond tort law implications, one might even characterize the taking of the scouting report from the dugout as criminal behavior: theft is the illegal taking of another person's property without that person's consent, and if we are to believe the anonymous Diamondbacks' official above, then the team appears to believe that they have been a victim of a reporter's theft.

Continuing along this pro-team/anti-reporter interpretation, while I recognize that reporters are rewarded for breaking stories, might baseball officials equate what the reporter did to going through someone's else thrash? Of course, the more precise analogy would be going through someone else's thrash on that person's property, as according to the U.S. Supreme Court in California v. Greenwood, 486 U.S. 35 (1988), garbage placed at the curbside is public property--but you get my point. Similarly, when one walks through a department store, there is no expectation that a shirt located on the ground is thrash; if you pick up that shirt, you are still expected to buy it, and if you leave the store without doing so, you will have shoplifted.

Aside from the law, consider our expectations for those involved in this story: the Associated Press is a venerable and trusted news organization, and its reporters are presumably expected to ascribe to their organization's culture; it's not like a reporter from Star Magazine or--dare I say it--a blogger found the juicy info.

On the other hand, why should the Diamondbacks receive protection from their own carelessness? That was the reaction of Jimmy Golen, a buddy of mine who writes for the Associated Press and who also has a law degree from Yale Law School, when I asked him what he thought [note: Jimmy is not the AP reporter at question; he covers the Red Sox and Patriots, among other Boston teams]:

If I remember correctly, the issue is whether the Diamondbacks would have a reasonable expectation of privacy for proprietary information left on the floor of the visitor's dugout at Yankee Stadium, after the last game of their only visit to New York. I would argue that, unlike the digging through the trash example, they don't. It seems to me that if you are extremely careless with your secrets, you lose the protection of the law; if not, you should.

If you disagree, let me ask you if you'd feel otherwise if the scouting reports were picked up by a Yankee employee (whether cleaning staff or uniformed personnel) and leaked to the AP? Or used by the Yankees for their own, nefarious ends? What if they were leaked by a disgruntled Diamondbacks scout without authorization?

What if -- not to get too grandiose on you -- they weren't the Diamondbacks' failed plans to win in New York but the Bush Administration's failed plans to win the war in Iraq, left behind in a Pentagon bathroom where the media has access? Should the principle be different because it's "just sports"?

Those are some great points in favor of the Associated Press. To amplify one of his remarks, consider the significance of the game and series being over when the reporter found the scouting report; the Diamondbacks' occupancy and related possessory rights of the dugout presumably end at some point after the game ends. What do you think?

LIVERPOOL & ATLETICO DE MADRID STUDY THE FERNANDO TORRES TRANSFER OPTION

Spanish paper "AS" has picked up the English daily news piecefrom the "The Times", that LIVERPOOL has sent a delegation toMadrid to meet & sit down with ATLETICO DE MADRID directivesto discuss FERNANDO TORRES.Torres is the Nº1 objective in Liverpool´s coach Rafa Benitez teamplanes for the 2007/08 season. The offer maybe LUIS GARCIA plus26M€, but Benitez perhaps wishes to keep Garcia, even though

SPANISH FOOTBALL TRANSFERS, RUMOURS & GOSSIP

Many FC BARCELONA directives are voicing their disillusion with theperformance of Portugues International DECO. According to "Sport"the player is no longer considered vital in the schemes of things &the door may open to other clubs to make an offer for the midfielder.SFS feels that perhaps the Barça environment is a bit "pissed off" withlosing the Spanish League & are just letting out steam. SFS

Thursday Debate: Would you take Greg Oden or Kevin Durant?

I've got a little feature on here called the Thursday Debate... today, let's look at who you would rather have on your team, Greg Oden or Kevin Durant?

This is the question that has been on everyone's mind for quite a while, and an issue I even looked at more than 4 months ago. I compared Oden to Alonzo Mourning and Durant to Dirk Nowitzki, but neither of those accurately sums up these guys' games.

With Kevin Durant, you have one of the most versatile offensive weapons ever to come into the NBA. That's not even exaggerating. He has a great touch from the outside, and with his height can get the ball off against almost any defense. He also has a quick first step and can get to the basket and finish. If that's not enough, he's also got a developing postup game in case you try to guard him with someone smaller.

But he's got a lot more to his game than just his scoring ability. He's unselfish with the ball. He's got great instincts and solid athleticism, which allowed to be in the top 5 in rebounds per game as a freshman. He also has long arms, which can make him a defensive force as that part of his game matures. He is a complete player, and can do things offensively we haven't seen before in one player.

Oden is the opposite. His defensive game is farther along than his offensive game, and his offensive ceiling is probably a little lower. But defensively he shines. I think that once he gets drafted he will immediately become one of the top 5 defensive centers in the NBA. He is extremely athletic, quick, and has great shotblocking instincts. I really think he compares to a Bill Russell or Dikembe Mutombo as far as his defensive ability.

Offensively, he is definitely coming along, as we saw in the title game against Florida. It's very clear he wasn't at 100% all year long, and has been mentioned, I think this will help in the long run. He has become very adept with the left hand and showed he can finish with the right as well. He is raw on the post, but showed the quickness and athleticism that makes me think he can be an elite offensive center as well.

There is no doubt that these are both special players... barring injury, I can't see either of them disappointing or being busts. In my mind, Oden will be a 20-25 PPG scorer and one of the best defensive centers ever. I think Durant will be a 25-30 PPG scorer and eventually be a very good defensive player as well. If I had the choice, I still think I would take Greg Oden, because I think his defense just makes him a little more valuable.

But who would you take?

Who would you rather have on your team?
	Greg Oden
	Kevin Durant

Two Views of Prosecutorial Misconduct

Two interesting and contrasting views on the disbarment of Durham County DA Mike Difong. Both pieces are by former New York public defenders: David Feige (now an author) and Brooks Holland (now assistant professor at Gonzaga University School of Law).

They take quite different views as to how common it is for prosecutors to withhold exculpatory evidence (deliberately or otherwise) and how uncommon it is for such prosecutors to be held accountable for abusive over-zealousness. Both are worth a look.

Will the NFL's New Whistleblower Program End the League's Concussion Headaches?

The NFL announced this week that it will implement a whistleblower program designed to deal with its ongoing concussion scandal. Under the proposed policy, the details of which still need to be worked out with the union, medical personnel pressured to clear players before those players are healthy enough to return to the gridiron, or players pressured to play, can file anonymous reports that should lead to league follow-up investigations.

Players have already expressed doubts about the likely effectiveness of this proposal. According to ESPN,

. . . a healthy dose of skepticism remains.

"I think, of all the things they're recommending [on dealing with concussions], that will be the toughest sell," said 11-year veteran tight end Ernie Conwell. "Players hate to be labeled, you know? And no one wants to be labeled a snitch or a rat -- that's for sure. So I feel like it's going to take a lot of education to make the players feel comfortable with it."

I spent a considerable amount of time last summer writing a Boston University Law Review article on corporate fraud whistleblowers (which you can download free of charge here), and one of the main conclusions I developed was that, while laudable, anonymous reporting alone does not encourage whistleblowers to report negative information about their employers. The economic, social, and psychological factors militating against whistleblowing, such as the "rat" label mentioned by Conwell, are simply too powerful. The most effective whistleblowing programs have involved financial bounties or rewards for reporting accurate information about organizational wrondoing. Obviously, the NFL is not yet prepared to take that step.

Still, this seems like progress on the concussion issue. Moreover, it may represent an increased interest on the part of leagues in developing internal reporting systems to address persistent problems. Perhaps an anonymous steroid whistleblower line will be the next step?

ATLETICO DE MADRID NEWS. RAUL GARCIA SIGNS FOR 5 YEARS

Finally its official, young 21 year old Spanish up & comingpromise RAUL GARCIA was presented to media this afternoonas the new signning of ATLETICO DE MADRID for the next5 years.Coach Aguirre solicitated his incorporation, after sharingexperience with Garcia at OSASUNA. The youngster isconsidered one of Spain´s most talented midfielders &is seen as an important piece in Atletico´s attempt to get

REAL MADRID TRANSFER TALK. GABI MILITO THE NEXT SIGNNING?

Two different angles from two different papers concerning ZARAGOZACaptain & Argentine defender GABRIEL MILITO.Firstly from "AS", they publish that REAL MADRID is thinkingseriously in Milito to accompany newly signed German Internationaldefender Metzelder for next season. The problem is that the playerhas given his word to Italian club JUVENTUS. To solve this situationReal Madrid may offer

VILLAREAL & R.C.D ESPANYOL TALK

With ARSENAL on the verge of transferring THIERRY HENRYto FC BARCELONA, the London club must look for a substitute& VILLAREAL Uruguayian forward DIEGO FORLAN is on theiragenda, according to "Sport"According to declarations also made by the player to Englishmedia "Sunderland Echo" Forlan reminded everyone that herecently renewed contract with Villareal & has a 22M€ contractclause.Two other English

Did Vince McMahon's Fake Death Violate Security Laws?

That is a question asked by Darren Rovell on Sports Biz today, and also one that he asked me in a TV interview that will air on CNBC later today at the following times: 7:50 a.m., 11:30 a.m., and 1:55 p.m., all Eastern Standard Time Zone. I hope you get a chance to watch. The interview will first air on CNBC's morning business show Squawk Box.

McMahon, as you know, is the chairman of World Wrestling Entertainment ("WWE"), and last Monday, WWE claimed that McMahon had been killed when his limo exploded. WWE.com announced that he was presumed dead since no body was recovered, and also claimed that the FBI was investigating, but it was later learned that the event was merely a promotional stunt, like many events that occur in pro wrestling.

WWE is a publicly-traded company, and while it's stock is only down 1.8 percent since the fake death, Rovell analyzes whether investors (as opposed to fans) of WWE may have been affected by the news, particularly since McMahon is listed in the company's most recent annual report as the most important person in the organization, and thus his death would seemingly be of great consequence. Then again, according to the WWE, not one investor has contacted the company to complain. Still, Rule 10b-5, pursuant to Section 10(b) of the Securities and Exchange Act of 1934, prohibits misleading statements or omissions of material fact in connection with the purchase or sale of any security, and that includes press releases that intentionally or, according to most courts, recklessly mislead investors. Both the SEC and private citizens can enforce the requirements of 10b-5. Establishing a claim against the WWE would be difficult, but it's an interesting idea to consider.

I hope you get the chance to watch the interview.

Update: Darren Rovell has put up a transcript of his interview of former SEC regional director Ira Lee Sorkin and me, and also news that Rovell is now considered a suspect for the murder "Mr. McMahon"!