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

Federal district judge Ricardo Martinez handed down his first ruling in the dispute between the Seattle Supersonics and the City of Seattle, which I blogged about last week. You can download or view a PDF of the court's ruling here.

The ruling itself resolves a matter hardly central to the underlying dispute in an unsurprising way. After removing the case to federal court, the Sonics owners sought to compel arbitration. Although federal courts generally favor enforcement of arbitration clauses, in this case the lease contract fairly clearly excludes disputes concerning the term of the lease ("Section II" of the lease) from the arbitration clause.

I don't have a problem with the decision itself. But why include this (on page seven)?:

[The Owners'] attempt to side-step Article II and shoot for Article XXVI is as errant as a typical Shaquille O'Neal free throw.

The court here not only mixes metaphors (side-stepping and free-throw shooting), it also misrepresents Shaq's free-throw shooting capabilities. Shaq is a lifetime 53% free-throw shooter. His problems have surfaced -- unfortunately -- primarily during the playoffs. Were the court inspired to use a metaphor based on O'Neal's foul shots, it should have added, "...in the playoffs." The fact is, the majority of Shaq's free throws go in! Does the court mean to suggest that the majority of the owners' arguments are convincing? Clearly not.

So what do metaphors like this add? Can a court be taken seriously when it spends time (although apparently not much time) thinking of ways to insult professional athletes? Why do courts, as one student asked me after reading the opinion, do this sort of thing regularly in sports cases but not in other disputes? (I've never seen a pun on "coke" in a case involving a steel company dispute, for instance).

Then again, maybe the court will choose to characterize the city's underlying effort to enforce the lease via specific performance as a Hack-a-Shaq technique: a somewhat unsportsmanlike and typically unsuccessful approach. Judge Martinez, with all due respect: A swing and a miss.

SPANISH FOOTBALL NEWS QUICKIES

Not much new NEWS today, except that "La Liga" has a mid -weekfixture tonight & tomorrow ( Round 10), Thierry Henry commentson his poor form ( he must adapt to Barça & not Barça for him ) & the2 following pieces picked out by SFS.After Fabio Capello & Mourinho said no to the Valencia CF coaching position, Valencia is speaking with ex-Barcelona star & current PSVEINDOVEEN coach ROLAND KOEMAN. The

2007 Big 12 Basketball Predictions

After looking at the ACC a couple days ago, it's time to weigh in on the Big 12. This is a conference that has a couple teams that appear to be above the rest (Kansas and Texas), and a whole lot of teams that are bunched together in the 3-10 area. Going to be a very interesting season in the Big 12.

Baylor - Everything is dependent on the guard play. They're led by Curtis Jerrells and Aaron Bruce, two experienced players that will carry a big load. Also look for for freshman guard LaceDarius Dunn, a top 30 prospect. The guards are good, and they'll have to be, because Baylor is extremely thin up front.

Colorado - Leading scorer Richard Roby is back, but it could be a long year for Colorado. Certainly things are on the upswing with the excellent hiring of Jeff Bzdelik, but it will take time. They are simply not talented enough at this point to be able to realistically compete every night in the Big 12.

Iowa St. - I really like Greg McDermott as a coach, especially as he did a lot with a little last year in his first season with the Cyclones. There might not be much more progress record-wise because of an inexperienced backcourt, but there is a lot of talent in the frontcourt. They're led by talented sophomore Wesley Johnson and senior Jiri Hubalek, who were both very good last year. But things should be even better this year, with the addition of top 20 recruit Criag Backins.

Kansas - They might be the most talented team in the country, and they certainly appear to be head and shoulders above the rest of the conference. Assuming Brandon Rush comes back 100%, they're certainly one of the first names mentioned in the national title contenders discussion. The trio of Mario Chalmers/Brandon Rush/Darrell Arthur might be the best trio in the country. Also, it speaks to their depth that the guy that might be their most explosive scorer, Sherron Collins, will probably be coming off the bench once Rush is back.

Kansas St. - Bob Huggins is gone, but they still have the two things that they need most to be successful this season... Michael Beasley and Bill Walker. Beasley comes into his freshman campaign already as one of the most talented players in the country, and should be a large contributor in what will likely be his only season in Manhattan. Bill Walker actually played 6 games last year, but is still technically a freshman after receiving a medical redshirt. He's extremely athletic, and provided he is 100% after his knee injury (and reports say that he is), he should compete for All-Big 12 honors.

Missouri - Mike Anderson had an excellent first season and will look to continue on with that, and I think he will. He's got one of the toughest styles in the NCAA to play against with his "40 Minutes of Hell," and it should be even tougher with a full year to put it in and have the players learn it. One player to watch is Keon Lawrence, who might lead Mizzou in scoring and could be one of the most improved players in the conference.

Nebraska - Doc Sadler is doing a solid job, but it's going to take time as this looks to be another tough year for the Cornhuskers. However, not all is bad, as star C Aleks Maric should have a little more help. Maric quietly averaged 18.5 PPG and 8.7 RPG last year. But Nebraska will go as far as their freshmen PGs will take them... and that's usually not really a great thing.

Oklahoma - Jeff Capel is going to build something solid here, but it will take time. They struggled to find offense last year, and they still might be a year away. But things are looking up, especially with the addition of freshman Blake Griffin. He joins Longar Longar in the post in what should be a formidable duo. If the backcourt is better and Griffin is as good as advertised, it's certainly not out of the realm of possibility that the Sooners could challenge for an NCAA berth. However, an NIT trip appears more likely.

Oklahoma St. - They'll be a pretty inexperienced bunch, especially after losing Mario Boggan and JamesOn Curry. The centerpiece is Obi Manuelo, who was having an excellent freshman campaign befor breaking his leg. Another key returner is wing man Marcus Dove, who is one of the best defensive players in the country. Other than that, a lot of it will depend on how quickly the other guys develop... I think they could be a year away.

Texas - Kevin Durant is gone, but basically everyone else returns to what should be a talented Longhorns team. The first guys everyone thinks about are DJ Augustin and AJ Abrams, two talented guards that can put up a lot of points in a hurry. But the guy I really like is Damion James... he was excellent last year playing out of position in the post, and he should have a little more time this year playing the wing, which is more natural for him. Either way, the Longhorns will again challenge for 2nd in the Big 12.

Texas A&M - They lost Acie Law and Billy Gillespie, but that doesn't necessarily mean they're going to take a step back. The frontcourt looks very good, with Big 12 POY candidate Joseph Jones joined by top 10 recruit DeAndre Jordan. That will be an extremely formidable frontline, maybe the best in the Big 12. The backcourt is not hurting for experience either, as key contributors Donald Sloan, Dominique Kirk, and Josh Carter all return. They really shouldn't have too much trouble adjusting for new coach Mark Turgeon, and they'll be right back in the Big Dance for the 3rd straight year.

Texas Tech - Tech is an interesting team that their might be some mixed opinions about. On the one hand, start guard Jarrius Jackson and his 20 PPG are gone. But they should have a lot more depth this year, and they'll be led by do-it-all Martin Zeno. Plus, they still have Bobby Knight, and he's pretty good. The key could be freshman PG John Roberson, who looks like he might get a chance to start. If he can perform well, Tech will be right on the Tourney bubble.


All-Conference Team
Michael Beasley, Kansas St.
Darrell Arthur, Kansas
Martin Zeno, Texas Tech
Mario Chalmers, Kansas
DJ Augustin, Texas

Player of the Year: Mario Chalmers, Kansas

Freshman of the Year: Michael Beasley, Kansas St.

Predicted Order of Finish:
1. Kansas
2. Texas
3. Texas A&M
4. Kansas St.
5. Texas Tech
6. Missouri
7. Baylor
8. Oklahoma
9. Oklahoma St.
10. Iowa St.
11. Nebraska
12. Colorado

REAL MADRID NEWS: BRENO A NAME TO KEEP AN EYE ON

Spanish daily "Marca" has a reputation for going out on a limb withits predictions or news scoops. Here is the latest in the transferarea or new talent catagory. The paper claims that REAL MADRIDhas set its eyes on & wishes to incorporate young 18 year old &Brazilian sub - 20 International BRENO ( pictured), current playerwith Brazilian team SAO PAOLOThe young central defender has a price, 15M€ &

Settlement in Fighting Sioux Lawsuit

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

VALENCIA CF: LOOKING FOR THEIR "SAVIOUR"

VALENCIA CF wishes a coach with prestige, according the Valencia´sFootball Director, Miguel Angel Ruiz ( elmundo.es). How´s that for amessage, Quique Sanchez Flores ( just fired) obviously did not makethe grade, & the new "care taking" coach Oscar Fernandez has beenalready been baptised & branded.While most of Europe look for & hire Spanish coaches ( they do haveprestige outside of Spain) like

NBA Predictions

Since the season officially starts here on Tuesday, I suppose I should give my predictions.
* will denote playoff teams other than division winners.

EASTERN CONFERENCE

ATLANTIC DIVISION
1. Boston Celtics
2. Toronto Raptors*
3. New Jersey Nets*
4. New York Knicks
5. Philadelphia 76ers

CENTRAL DIVISION
1. Chicago Bulls
2. Cleveland Cavaliers*
3. Detroit Pistons*
4. Milwaukee Bucks
5. Indiana Pacers

SOUTHEAST DIVISION
1. Washington Wizards
2. Miami Heat*
3. Atlanta Hawks
4. Orlando Magic
5. Charlotte Bobcats


WESTERN CONFERENCE

NORTHWEST DIVISION
1. Denver Nuggets
2. Utah Jazz*
3. Seattle Supersonics
4. Portland Trailblazers
5. Minnesota Timberwolves

PACIFIC DIVISION
1. Phoenix Suns
2. Los Angeles Lakers*
3. Golden State Warriors
4. Sacramento Kings
5. Los Angeles Clippers

SOUTHWEST DIVISION
1. San Antonio Spurs
2. Dallas Mavericks*
3. Houston Rockets*
4. Memphis Grizzlies*
5. New Orleans Hornets


PLAYOFFS, ROUND 1
(1) Bulls over (8) Nets
(2) Celtics over (7) Heat
(6) Raptors over (3) Cavs
(4) Wizards over (5) Cavs

(1) Spurs over (8) Grizzlies
(2) Mavs) over (7) Lakers
(3) Suns over (6) Jazz
(5) Rockets over (4) Nuggets

PLAYOFFS, ROUND 2
(4) Wizards over (1) Cavs
(2) Celtics over (6) Raptors

(1) Spurs over (5) Rockets
(2) Mavs over (3) Suns

CONFERENCE FINALS
(2) Celtics over (4) Wizards
(1) Spurs over (2) Mavs

NBA FINALS
Spurs over Celtics

NBA MVP: Kevin Garnett, Boston Celtics
Rookie of the Year: Kevin Durant, Seattle Supersonics

Thoughts?

Manny Being Manny: Success Through Perspective

Over on The Situationist, Jon Hanson and I have a piece that uses social psychology to compare Manny Ramirez and Alex Rodriguez. The piece is entitled "The Situation of 'Winners' and 'Losers'" and it examines the very different playoff performances of Ramirez and Rodriguez over the course of their careers and suggests some possibilities for why two phenomenal players perform so differently when it "counts." We also discuss varying public reactions to these players, both of whom are frequently the target of fan and media scorn (though for very different reasons).

Here is an excerpt from the piece:

If the stereotype-threat analogy has any relevance, it helps us see that the problem is not a function merely of A-Rod’s disposition (as the kind of person who is “clutch” or the kind of person who “chokes”); it also reflects the expectations and conceptions in A-Rod’s situation, surrounding him like the chalk of the batter’s box or the love-him-when-he-succeeds-but-despise-him-when-he-fails fans. And those expectations, reactions, and resultant anxieties may be a big part of what leads to the pop-ups, double-play balls, and strikeouts that disproportionately characterize his playoff at bats. When sports writers and commentators and fans dispositionalize a player as “Mr. Clutch” or as “Mr. Choke,” they are influencing what they assume they are only describing. Blaming A-Rod is, at least in part, creating A-Rod.

At the very moment when A-Rod is attempting to be the hero or avoid being the villain, he ought to be watching the pitch. For most players, that is easier said than done — unless, perhaps, you’re a very strange bird . . . unless, in other words, you’re Manny Ramirez.

* * *

In a world in which many assume that winners and losers are determined by “heart,” “will,” “a sense of urgency,” “the eye of the tiger,” and so on, Manny reminds us that maybe we can succeed by keeping things in perspective. “Winning attitudes” are great, but there’s a lot to be said for a a little ho-hum mixed in. Why is it always “Manny being Manny?” Maybe more people, including Alex Rodriguez, should consider “being Manny.”

* * *

We hope you check out the piece. As an aside, it will be interesting to see whether Ramirez and Rodriguez are teammates next year on the 2007 World Champion Boston Red Sox, who seem poised to pursue to A-Rod now that he has opted out of his contract with the Yankees, particularly with Mike Lowell a free agent.

ATLETICO DE MADRID NEWS: MISTA ON THE MARKET THIS "WINTER"

MISTA came as a valuable asset from VALENCIA CF toATLETICO DE MADRID, his current club. However, he has´ntbeen able to shine as he did in his former club at the level thatgave him access to the Spanish National side shirt. Mista has only played 2 official games this season.Spanish daily "Marca" inform that Atletico will put Mista onthe "Winter Transfer Market", & it is possible that he willreturn

New Sports Law Scholarship

New this week:

Gabriel Grossman, Comment, Switch hitting: how C.B.C. v. MLB Advanced Media redefined the right of privacy, 14 UCLA ENTERTAINMENT LAW REVIEW 285 (2007)

Christo Lassiter, Lex sportiva: thoughts towards a criminal law of competitive contact sport, 22 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY 35 (2007)

Jessica N. Trotter, Note, Rooting for the “home team”: how major league baseball and Latin America can better provide for the “safe”-ty of their players, 13 SOUTHWESTERN JOURNAL OF LAW & TRADE IN THE AMERICAS 445 (2007)

SPANISH FOOTBALL - VIDEO HIGHLIGHTS OF REAL MADRID - DEPORTIVO, BARCELONA - ALMERIA & SEVILLA - VALENCIA (ROUND 9/ 2007)

Missed the action & goals of yesterdays main Round 9 games of"La Liga"? See the VIDEO highlights with the goals of the RealMadrid - Deportivo, Fc Barcelona - Almeria & Sevilla Fc - ValenciaCF games.Real Madrid 3 - Deportivo 1: 28/10/07FC Barcelona 2 - 0 Almeria:28/10/07Sevilla Fc 3 - 0 Valencia: 28/10/07

VALENCIA CF NEWS: COACH QUIQUE SANCHEZ FLORES SACKED

VALENCIA CF coach QUIQUE SANCHEZ FLORES was the mainvictim of Valencia´s defeat 3-0 away to Sevilla yesterday night.The club President called an emergency meeting with his directives after the game to study the situation & decided to "sack" Flores around04.00 am this morning.It had been on the cards for a while, as Flores was making more enemy´s than friends lately at the club.The new coach will

2007 ACC Basketball Preview

Thankfully, it is that time of year again... just about time for the college basketball season. I'll try to preview each of the major conferences in the next couple weeks, starting with the ACC.

First, what to watch for with each team:

Boston College - For the first time in a while, they won't be the experienced, fundamental team. After losing Jared Dudley and Sean Marshall BC will be very young. They're led by Tyrese Rice, a great distributor who also has tons of range.

Clemson - The last 2 years they have gotten off to fast starts before fizzling. Things should be better this year, as they return 4 starters and a lot of experience. Two keys are KC Rivers, who's an explosive scorer for them, and James Mays, a great post defender. Mays deciding not to go to the Draft was huge.

Duke - Last year wasn't quite the year we've come to expect from Duke, but they should be very good this year. They lose Josh McRoberts, but they return everyone else while adding some solid freshmen, most notably Kyle Singler. They'll be more experienced, a little quicker, and should be better offensively. They could compete in the ACC if things go right.

Florida St. - They could have a tough go of it after the loss of Al Thornton. Still, the solid perimeter trio of Toney Douglas, Jason Rich, and Isaiah Swann will keep them in games. They need freshmen big mean Solomon Adabi and Julian Vaughn to provide some production inside.

Georgia Tech - They lose the immensely talented guys Javaris Crittenton and Thaddeus Young, but they won't be pushovers in the ACC. They don't have any stars, but they just have a solid of solid players. Wings Lewis Clinch and Anthony Morrow should contribute well in the scoring column to help complement their solid frontcourt play.

Maryland - They lost some key cogs from last year, but they should be able to make up for a lot of that with their returnees. Most notable among them is PG Greveis Vasquez, who impressed as a true freshman last year. He'll be joined in the backcourt by Eric Hayes, another guy who is very adept at handling the basketball. Up front, explosive senior James Gist will have to be big. Other than these guys, Maryland could be relying on a lot of inexperience.

Miami - They had some injuries last year, which gave a lot of different guys experience, which should pay dividends this year. Most notably returning is Jack McClinton, who averaged 16.7 PPG for the Hurricanes last year. Miami definitely has the talent and experience to compete for an NCAA Tournament berth.

North Carolina - The Heels will again be loaded. They're obviously led by Tyler Hansbrough, one of the best players in the country. But the real key here is the backcourt of Tywon Lawson and Wayne Ellington, who will be counted on heavily on both ends of the floor. If the Tar Heels can become more consistent defensively, they will compete for the national title, as shown by their #1 preseason ranking.

North Carolina State - After finishing strong last year, things appear to be bright in Sidney Lowe's second year. They lose Elgin Atsur, which leaves a hole at PG, but they return a lot of experienced talent. PF Brandon Costner is one of the best players in the ACC. Gavin Grant had to play out of position often last year, but he'll be back at SF. If they can get consistent PG play they might be able to challenge for the ACC Title.

Virginia - The loss of JR Reynolds will be tough to overcome, but they still have Sean Singletary, an explosive offensive guard. But the keys to this team are the production from Mamadi Diane, and the overall emphasis on defense. They'll have to replace Reynolds' and Jason Cain's prodction on both ends of the court, which won't be easy. They might not have as much success as they did last year, but they should be right in the middle of things for a Tournament berth.

Virginia Tech - After losing their 2 excellent guards, it could be a long year for the Hokies. They have some talent, but unfortunately most of it is really young. Their best player in wing man Deron Washington, who is one of the most athletic guys in the country. If he can provide consistent offensive production, the Hokies can be a middle-of-the-pack team in the ACC.

Wake Forest - It's going to be a very tough year for the Demon Deacons. Not only did they lose a lot of players, but they lost their coach Skip Prosser, who tragically died in the offseason. It might not be pretty at times. One guy to watch is freshman PG Jeff Teague, who should log a lot of minutes this year.


All-Conference Team
Tyler Hansbrough, North Carolina
Brandon Costner, NC State
Deron Washington, Virginia Tech
Sean Singletary, Virginia
Tyrese Rice, Boston College

Player of the Year: Tyler Hansbrough, North Carolina

Freshman of the Year: Kyle Singler, Duke

Predicted Order of Finish:
1. North Carolina
2. Duke
3. NC State
4. Clemson
5. Maryland
6. Virginia
7. Georgia Tech
8. Miami
9. Florida St.
10. Boston College
11. Virginia Tech
12. Wake Forest

Other Predictions:
Storming the Floor

Polish sport newspapers

Polish newspapers have a big influence in the political and social life, because they have a great circulation and millions of readers every day. Polish sport newspapers write mainly about football, who is the most popular sport along with hockey and basketball. The most important polish football teams are Wisla Kracow and Legia Warszawa.

Gazeta Wyborcza: http://www.sport.pl/sport/0,0.html
Rzeczpospolita: http://www.rp.pl/temat/12.html
Dziennik Polski: http://www.dziennik.krakow.pl/public/?2007/10.28/Sport
Nasz Dziennik: http://www.naszdziennik.pl/index.php?typ=sp&dat=20071027&id=main
Trybuna: http://www.trybuna.com.pl/index.php?sel=sport
Zycie Warszawy: http://www.zw.com.pl/zw2/index.jsp?place=Menu02&news_cat_id=18&layout=1

SPANISH FOOTBALL - LA LIGA - ROUND9/2007 SUNDAY RESULTS

Here are the images & results of games played today as part of Round9 of the Spanish 1º Division League, also known as "La Liga".REAL MADRID hosted DEPORTIVO & managed to break theshackles, as is custom lately, in the last 15 mins & finish winning thematch 3-1 to retain the league leader tag.Deportivo shocked early with a goal in the very 1ºst min thanks toXISCO ( seen above celebrating), but

SPANISH FOOTBALL - LA LIGA - ROUND 9/2007 SATURDAY GAMES RESULTS

Two games played tonight in Round 9 of "La Liga" with identicalresults for both games.ATLETIC DE BILBAO have yet to win at home after drawingtonight with REAL BETIS 0 -0 in what was a boring game. Somuch so, that SFS will only say this & nothing more.MALLORCA played ESPANYOL & it ended in a 2-2 draw.Mallorca started well via ARANGO with his goal in the 2ºmin, & later he scored an own goal in the

RIQUELME A STAR IN A BLACK HOLE

Hows this for an unsual situation. Imagine your a World Footballstar, an Argentine International considered one of best & decisivein every game, its more, your presence wins titles, like in the case ofBoca Juniors. To add more to the prestigue your voted constantlyby experts as amongst the best in the world, as in France Football"Golden Ball" candidate & FIFA World Players voting.Your name is

TOTTENHAM MAKES AN OFFER THAT SEVILLA FC COACH CANNOT REFUSE

Its the big news of tonight. Local newspapers have picked up thescoop that SEVILLA FC coach JUANDE RAMOS ( pictured) maybeon the verge of accepting the coaching job of English Premier Leagueclub TOTTENHAM HOTSPURSThe English club has been playing the flute for a while at Juande,but their patience ended after Tottenham´s defeat in thehands of Spanish side Getafe in Uefa, which prompted a HUGEoffer

AC MILAN SEES RONALDINHO AS ITS "SAVIOUR"?

Lastest news from the local sports press ( "Marca" & "Mundo Deportivo")is that AC MILAN is preparing a 60M€ transfer offer for FCBARCELONA & Brazilian star RONALDINHO.AC Milan is having a bad start to the season & looks towardsRonaldinho as the "saviour", & the player needed to revitalise the team. The "Winter Transfer" market opens on the 1st ofJanuary 2008 & AC Milan is said to be waiting to

IKER CASILLAS STOPS OLYMPIAKOS

SFS succumbs to the overwhelming emails asking for the VIDEO of IKERCASILLAS save in the mid week Real Madrid - Olympiakos ChampionsLeague game. It is just another example that Casillas is amongst the Topkeepers in the world. SFS thanks regular reader EVO!

REAL MADRID NEWS: KARIM BENZEMA ON THE AGENDA

Spanish daily "Marca" have come out today with the news scoop.They claim that REAL MADRID has set its sights on OLYMPIQUEDE LYON 19 year old forward KARIM BENZEMA ( pictured below)for next season. With Van Nistelrooy & Raul in their 30s, the club isthinking in the future & in an injection of youth up front.It seems Real Madrid has "forgetten" about Chelsea forwardDrogba ( due to his age of 30

UEFA CUP: LOKOMOTIV - ATLETICO DE MADRID VIDEO HIGHLIGHTS 2007

Here is the VIDEO highlight of yesterdays LOKOMOTIV MOSCOW& ATLETICO DE MADRID Uefa Cup match. Pay attention to theAGUERO goals, specially the last game "saving" chip over thegoalkeeper. The match finished in a 3-3 draw.Lokomotiv Moscow 3 - 3 Atletico Madrid Uefa Cup 24/10/07

Boston College beats Virginia Tech

For much of the last few weeks I have not been all that high on Boston College, calling them very overrated and not having beaten anyone. For 54 minutes on Thursday I thought this seemed rather accurate.

Then they decided to be awesome for the last 6 minutes or so and come back to beat Virginia Tech 14-10.

Matt Ryan has been shooting up a lot of draft boards this year, but I wasn't convinced yet that he was in the class of Brian Brohm and Andre Woodson as far as the draft was concerned. Well, all the questions were answered on the final 2 drives.

Seriously Matt Ryan was awesome on the final 2 drives. Unbelievable touch, great arm strength, perfect accuracy, good decision making, good mobility in the pocket... it was a thing of beauty. And the 2 TD passes... my goodness. The first one was just an extraordinary pass... he threw it to a spot, and it was perfectly placed just beyond the reach of the defender's hands, just barely giving the receiver enough time to get a foot in. It was beautiful.

Then the game-winner... Matt Ryan scrambled, but he kept his head up and looking downfield. That's more rare than you might think. And then rolling to his left, throwing across the field and across his body... awesome. Really, that's the best word to describe Matt Ryan on the final 2 drives. He was awesome. And this was all against a great defense in Virginia Tech.

Do I think Boston College is one of the 2 best teams in the country? Probably not. But I'm a lot more likely to believe it now. And I am a lot more likely to believe in Matt Ryan's skills, both as a Heisman contender and at the next level.

NFL Picks Against the Spread 2007: Week 8

After getting back to .500 last week, I struggled again, dropping me back under the .500. I'll just give my quick picks, because I also want to comment on the Boston College game tonight, and I don't have time for explanations!

Bears (-5) over Lions

Browns (-3) over Rams

Colts (-6.5) over Panthers

Patriots (-16.5) over Redskins

Saints (-3) over 49ers

Bills (+3) over Jets

Dolphins (+9.5) over Giants

Vikings (+1) over Eagles

Bengals (+3.5) over Steelers

Bucs (-4) over Jaguars

Raiders (+7.5) over Titans

Broncos (-3) over Packers

Last Week: 5-9
Season: 46-50-7

Another Perspective on the Torre Affair

My past blog outlined what I thought was the dysfunctional manner in which former Yankees manager Joe Torre's contract proposal was played out. I agreed the overwhelming view that the Yankees made an embarrassing offer that constituted poor negotiation skills and even a hope that Torre was reject it. As part of the problem was the uncertain power structure the team presently has.

A contrary opinion was expressed in a column by Murray Chass of the New York Times. He noted that, despite Torre's feeling of being "insulted" by the bonus provisions, the former manager had incentive clauses in his last two contracts, which covered the last six years of his employment. According to Chass, in the 2002-4 contract, Torre earned bonuses of $200,000 for winning the division series, $300,000 for winning the league championship series and $500,000 for winning the World Series. The 2005-7 contract eliminated the division series bonus but provided $400,000 for winning the league championship series and $600,000 for winning the World Series.

With respect to the one-year nature of the contract proposal, Chass reports that Torre considered a $4.5 million one year contract extension at the beginning of last season. In so many words, Chass is wondering why Torre even considered such a deal then, but felt so put-off by a one-year $5 million offer at the end of that same season.

Chass concludes his column: "Torre never mentioned those negotiations, nor did he disclose his profitable contract incentives. Should he have talked about either? Maybe he had no obligation to unless he was asked about them, but he did have a responsibility not to make misleading claims about motivation and insult."

Chass's points are well-taken and I would like to hear Torre's take on these points. However, they still do not believe that the Yankees acted with good faith in crafting a bona fide offer under the circumstances. And Chass does not address the almost two-week delay in even getting this offer to Torre. I think that is an important piece of this puzzle.

UEFA CUP 2007. ATLETICO SAVES THE DAY ALONG WITH VILLAREAL & GETAFE SHINES

The 3º Spanish representatives in the UEFA Cup played theirrespective group games tonight with draw results for Atletico& Villareal, & a brilliant win for Getafe.ATLETICO DE MADRID played LOKOMOTIV OF MOSCOWin their Group B game were the result ended in a 3-3 draw.Atletico began magnificently with the opening goal in the 15th minthanks to Argentine AGUERO. However, Lokomotiv equalized in the26th

Handicapping the Oklahoma City Supersonics

We haven't blogged much about the lawsuit filed by the City of Seattle against the Oklahoma-based ownership of the Seattle Supersonics basketball team seeking to force the team to stay in Seattle. Mike had a few comments on the dispute here.

In any other setting, a commercial lease tenant should be able to break a lease, leave a space, and then pay damages, if any, to the landlord. But sports team leases are special -- particularly when local judges are involved in deciding a case. The Sonics decision may be shaped by the legacy of a Minnesota Twins relocation decision handed down a few years back by a state court judge (Metropolitan Sports Facilities Commission v. Minnesota Twins Partnership, 638 N.W. 2d 214 (Minn. App. 2002)).

In that case, the court ordered the Twins to play out the last year of their lease, scuttling MLB's plans to contract or relocate the team. The court's issuance of an "affirmative injunction" was purportedly based on the irreparable harm that would result to Minneapolis and St. Paul were the team to move or disappear. Two things should be noted about the decision: (1) It was handed down by a sentimental state court judge and (2) It was bad law. Even if one is happy that the Twins stayed put and MLB took the team out of its cross-hairs, it's hard to defend the court's ruling on a legal level. The fact is, the Twins would have been free to leave at the end of the year covered by the court's injunction -- the lease, at that point, would have expired and any specific performance clause would no longer be enforceable. The assertion that the Twins leaving a year early would cause harm that could not be repaired is a stretch given that nothing could have stopped them from leaving -- or stopped MLB from contracting the team -- a year later. For a great analysis of the Twins case, see Matt Mitten's article on the subject from the Iowa Law Review. Notably, the Sonics owners have volunteered to pay the rent for the remainder of the lease, so it would be hard to imagine a court issuing an order of specific performance unless it treads the same ground as the Minnesota court did a few years ago and takes into account the "positive externalties" that would be damaged were the team to decamp.

Still, it's easy to imagine a Washington state court being motivated to stop the Sonics owners relocation plans. Wisely, the Sonics have moved the case to federal court -- where one might expect a more disciplined consideration of the legal issues involved. Moreover, the owners of the Sonics are seeking to have the matter resolved by way of arbitration pursuant to an arbitration clause in the lease (a move the City, as indicated in its complaint, intends to fight). One wonders why MLB did not pursue these options -- assuming they were available -- in the Twins case. Overconfidence? Lack of diversity jurisdiction?

The City of Seattle's complaint itself can be downloaded or viewed in PDF form via a "related content" link here.

Will the two sides reach a deal before the October 31 NBA league meeting next week, when the Sonics will ask for permission to relocate the team (presumably to Oklahoma)? Maybe not. Acrimony has clearly developed in the Jet City. Two fans are even suing the Sonics for false advertising after the team invited fans to be part of a "New Era of Sonics Basketball."

Unless an agreement is reached, this is likely going to be the next great saga in American sports law. It seems -- based on the Twins case -- that cities now seek to delay relocation and contraction plans using litigation. That tends to muck up the best laid plans of commissioners and owners, and the result is a team tends to stay even though it could, subsequently, move without a problem. But maybe this group of owners is more determined (or more flush with cash).

For links to various articles on the Sonics dispute, see here.

CHAMPIONS LEAGUE 2007: VIDEO HIGHLIGHT OF REAL MADRID 4 - OLYMPIKOS 2

Real Madrid - Olympiakos 24/10/07

UEFA CUP PREVIEW. POSSIBLE LINE - UPS OF SPANISH TEAMS

Many SFS readers have written in expressing theirdesire to be informed of the expected line-ups in thebig competitions. Here are the possible line-ups forthe Spanish reps. in tonights UEFA Cup games.Remember, they may change according to coaches orlast night events.Possible line-upsLokomotiv Moscow : Pelizzoli; Efimov, Asatiani, Bilyaletdinov;Gurenko, Ivanovic, Maminov, Odemwingie, Sennikov;

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

I have a new column on Sports Illustrated.com entitled "Questioning Legality of Pat Downs." In addition to examining pat downs in general, it looks at Sheehan v. The San Francisco 49ers, a pat down case that will soon be heard by the California Supreme Court.

I had the good fortune of interviewing a number of experts for this piece, including NFL VP of security Milton Ahlerich, two ACLU lawyers (Ann Brick and Rebecca Harrison Steele) working on pat down litigation, Princeton University psychology professor Emily Pronin, and Sports Law Blog's own Luis Cassiano Neves, an expert in international sports law.

I hope you have a chance to read the piece.

CHAMPIONS LEAGUE:REAL MADRID 4-OLYMPIAKOS 2 & ROSENBORG 2-VALENCIA CF 0

VALENCIA CF & REAL MADRID played their respective groupgames tonight in the 2º night of the Champions League, with mixedresults.Valencia CF played Rosenborg away at a ground the proved tobe a "nightmare". So much so, that the wind was knocked outof the Valencia sail by Rosenborg who won 2-0.A serious set back for the Spaniards who now have to secure that theywin their remaining Group games, as

CHAMPIONS LEAGUE. VIDEO HIGHLIGHTS OF SEVILLA FC - STEAUA

CHAMPIONS LEAGUE PREVIEW: VALENCIA CF & REAL MADRID

Spain´s other two representatives in Champions League, VALENCIACF & REAL MADRID play their respective Group B & C gamestonight.Valencia travel to Rosenburg & with their "main gunner"upfront David Villa out with injury. Valencia is "fighting" with German side Schalke 04 for the valuable 2º position& need win tonight to stay in touch.Possible line-ups:Rosenborg: Hirschfeld, Strand, Koppinen o Basma

College Football Power Rankings - 10/24

Once again, time for my top 10.

1. LSU - They got quite a scare, but I'll put them at #1, just barely. Still really talented defensively, and they are loaded offensively.

2. Ohio St. - Like BC and Arizona St., they haven't really beaten anyone too much of note. Unlike those teams, they've looked more impressive while doing it. The defense is dominating, and Chris Wells is really, really good.

3. USC - They're a lot lower in the actual polls, but I'm willing to give them a break for the loss because of all the talent. Well, they'll have a chance to show it this weekend, heading to Eugene to take on...

4. Oregon - Is this the best offense in the country? I'm starting to think it might be. Only once this year have they scored under 30 points, and that was in their 31-24 loss to California. They've had 48 points or more in 5 games so far this year. If you haven't watched Dennis Dixon and Jonathan Stewart play, you really need to.

5. Oklahoma - Yikes. Barely eeking out a victory against a very bad Iowa St. team. A tough game this week against the Aggies, but if they get past that the schedule sets up very nicely for them.

6. Florida - Still love the talent on this team. Tim Tebow is a legit Heisman candidate... what a playmaker. He leads the team in passing and rushing and has a combined 27 TD. Not too bad.

7. West Virginia - They seem to have gotten more on track offensively since the USF loss, which is good because the schedule is challenging the rest of the way.

8. Boston College - Maybe a little low, but I'm still not convinced... if they beat Virginia Tech on Thursday, then we can talk top 5.

9. South Florida - Tough loss but Rutgers is a good, well-coached team. They can't have a letdown this week against a suddenly rejuvenated Connecticut team.

10. Arizona St. - Their best win so far this year is at home against Oregon St. They're the Boston College of the West right now. Their next 2 games are against Cal and @ Oregon... if they pass those 2 tests, then we can talk top 5. Or maybe even top 3.

Your thoughts? What would you change?

CHAMPIONS LEAGUE 2007. SEVILLA 2 - STEAUA 1 & RANGERS 0 - FC BARCELONA 0

The double picture tells the story, victorious SEVILLA FC & a tried& nearly FC BARCELONA, in their respective CHAMPIONS LEAGUEGroup games played tonight.SEVILLA FC won STAEUA BUCAREST 2-1 to consolidate their placeon the Group H classification table. Sevilla started in a strong mannerwith early goals from KANOUTE in the 4th min & the second in the16th by LUIS FABIANO.The Rumanians then began to

CHAMPIONS LEAGUE 2007 PREVIEW. SEVILLA FC & BARCELONA

Champions League returns this week with 2 of the 4 Spanish reps.in action tonight; Sevilla FC in Group H & Fc Barcelona in Group E.Here´s a rapid birds-eye preview:Sevilla has the opportunity to consolidate its place on the tabletonight against the Rumanians Steaua of Bucarest. The Spaniardshave returned to good form in the local competition & wish tocarry that onto tonights clash with the home

Ranking the NFL Divisions

I thought it might be interesting to try and rank the divisions. So here they are, from best to worst, with a little bit of rationale after each, because that's just how I like to operate. These were ranked based on a super secret formula (just kidding)

1. AFC South
Indy established themselves as the dominant team in the division, but the rest is pretty solid. Jacksonville has shown they can basically compete with anyone with their running game and defense. Tennessee is 4-2. Even Houston is pretty potent when they are healthy, which unfortunately hasn't always been the case this year. Top to bottom I think the AFC South stands above the rest.

2. NFC East
This is the other division that really seems to have separated itself from the rest. They have the best team in the NFC up top, and then Washington and New York have both looked solid. If Philly can play like they did last year this could easily move into the top spot.

3. AFC West
The big guns are finally starting to play like we expected them too, which puts them here. But even with them struggling, KC is playing well, and even Oakland has been competitive. If San Diego and Denver can play like I expected them to before the year this once again is an excellent division.

4. NFC North
They haven't played great but this division is a lot better than the joke it has been the past few years. The Packers are 5-1, the Lions are playing well (nice win against Tampa), the Bears are the Bears, and the Vikings are really a couple plays away from being over .500. This is not a bad division.

5. AFC North
The Steelers are coming back down to earth, and that's not good because the rest of the divison is slightly mediocre. The Ravens are just not as good as they have been the past few years, Cincy and Cleveland both have a lot of problems defensively, as they have each given up over 30 PPG.

6. AFC East
It's pretty sad that they have a team that looks so far to be one of the most dominant teams that we have seen in a long time, and it's still the 6th best division. And that might even be a little generous. The other 3 teams are just absolutely wretched.

7. NFC South
Carolina and Tampa Bay are both solid teams (though I still think the Panthers might be a little overrated), but other than that New Orleans and Atlanta have not been impressive. The Saints are picking it up somewhat, but Atlanta is looking worse and worse.

8. NFC West
Seattle has been OK so far. Other than that, there is a Cardinals team that is actually better when Kurt Warner (with injured elbow ligaments) starts, a 49ers team that is simply dreadful offensively, and a Rams team that could challenge for 0-16. Yes, this division is bad.

Your thoughts? Would you change my rankings at all?

SPANISH FOOTBALL - LA LIGA - ROUND 8 VIDEO HIGHLIGHTS

SFS has picked 3 games with great goals from Round 8 of "La Liga"1. At Madrid 4 - Real Zaragoza 02. Almeria 2 - Mallorca 03. Valladolid 1 - At.BilbaoGood way to see on Video some of the lesser known, but overwisetalented teams.

FOOTBALL - "GOLDEN BALL" AWARD 2007. FIVE SPANIARDS ON CANDIDATES LIST

Five Spanish players are on the voting candidates list for this yearsFrance Football "Golden Ball" Award. The palyers are Fernando Torres(Liverpool), David Villa (Valencia), Casillas (Real Madrid), Raul ( RealMadrid) & Cesc Fabregas (Arsenal).Other players included as candidates & based in Spain ( "La Liga")are: Abidal, Deco, Eto´o, Thiery Henry, Messi & Ronaldinho(FC Barcelona); Cannavaro,

SPANISH FOOTBALL - LA LIGA - ROUND 8 SUNDAY MATCHES RESULTS

Firstly SFS wishes to excuse its readers. Late last night the serverexperienced problems & SFS was without internet connection, thishalted the rapid uploading of the habitual Spanish 1º Division images &results. However, in an attempt to continue with the service for itsreaders, SFS gives a quick summary of results & scorers today.At.Madrid 4 ( L.Garcia; Forlan; M.Rodriguez 2) - Real Zaragoza

The Patriots are ridiculous

Earlier in the week I talked about the chances that the Patriots could go undefeated, and some seemed to feel that it was too soon to be asking that question.

Well, the Patriots now lead 42-7 near the end of the first half, and Tom Brady is 16/19 for 291 yards and 5 TD.

It is not too soon to talk about this team being undefeated. Wow.

FORMULA 1. ALONSO 3rd & RAIKKONEN WORLD CHAMPION 2007 AT BRAZIL

An emotional Brazilian GP were the Formula 1 World Title went toFinish driver KAMI RAIKKONEN, after winning the race ahead ofteammate Massi & McClaren contender & 2 time World ChampionsFernando Alonso. This result allowed the Ferrari driver to accumulate1º point more over his overall rivals Hamilton & Alonso.The before the race favourite Lewis Hamilton, sinned of over confidence& arrogance, &

SPANISH FOOTBALL. VIDEO HIGHLIGHTS OF ROUND 8/ 2007 VALENCIA CF, REAL MADRID & FC BARCELONA RESULTS

Deportivo 2-4 Valencia: 2007Espanyol 2 Real Madrid 1: 20/10/2007 Villarreal 3 - Barcelona 1:20/10/07See all the images of yesterdays Round 8 Saturday games on the belowpost.

MOTO GP MALAYSIA 2007. JORGE LORENZO WORLD CHAMPION IN 250cc

The big news for Spaniards today is the World Championship Title wonby Spanish raider JORGE LORENZO ( pictured below) in the 250cccatagory. His 3º place at the Malaysian Moto Gp was enough tomathematically ensure that he repite back to back titles.The two time 250cc World Champion Lorenzo will now make the jumpto GP next year & will ride with Valentino Rossi in the Yamaha team.The final race

The Torre Travesty -- A Dysfunctional Family Business

Over the last 35 years, one constant refrain in New York sports has been the on and off-field soap opera known as the Yankees. The latest act was the attempt or non-attempt to secure a new contract for its now former manager Joe Torre. Many journalists and fans have expressed their views, with an overwhelming sentiment that Torre was poorly treated by the team. That view was reinforced by his press conference where he concluded that the team's offer of a one-year, incentive-laden contract was an insult based on his success as manager of the team over the last 12 years. I tend to agree with this view.

But that is not why I'm writing. Instead of my legal cap, I'm putting on my business school hat to analyze what went wrong from a tactical and managerial view and how this portends bad times for the team.

"Getting to Yes" is a term frequently used in negotiation strategy. It comes from a now-classic text by Prof. Roger Fisher, one of the gurus on the subject. I won't and can't summarize the book here, but there are a few important points he and his co-authors say about negotiation: it is a creative process, and the negotiator should seek to invent new options that might satisfy both parties' needs and should take the other side's needs in account when making new proposals. This did not happen here. In fact, this can be a case study in violating these norms and destroying a longstanding relationship.

Let's start with the fact that there is no one steward running the Yankees, but a dysfunctional family operation. George Steinbrenner is, to put it politely, not as active as he once was, but the reins of power have not been transferred in a coherent manner. So, we have several chefs -- his two sons Hank and Hal (who were thrust in positions of power relatively recently) , because the former son-in-law was yanked out after his wife filed for divorce), along with others in the brain trust such as team president Randy Levine, CEO Lon Trost and GM Brian Cashman.

I think the offer that was made -- one year $5 million, plus incentives for advancing in the post-season, was a product of a consensus. Some wanted Torre out altogether while others wanted to sign him to a more stable and long-term contract. No one side had absolute control, so a compromise was proposed -- one that was perceived either to be half a loaf, or a half-baked offer -- give him a temporary agreement with bonuses and see what happens next season. Did anything really think Torre would accept this?

Say this George Steinbrenner. He managed by decree, was dictatorial and sometimes irrational. Management by fear is not ideal, but everyone knew that decisions would be quick, direct and blunt. Steinbrenner the Elder would not have equivocated and would have decided not to new the contract within 48 hours of the team's elimination by the Cleveland Indians.

Now, let's examine the terms of the offer. The proposal treated Torre as a new applicant rather than a seasoned veteran. They did not guarantee the contract for more than one year. In sports, this is akin to an employee at will. That, While some in the Yankees' brain trust thought that a bonus system would work, it inferred that Torre needed the extra incentive to win in the playoffs. For a committed baseball person like Torre, that was too much.

Then there is the delay before the proposal -- an unconscionable length of time given the circumstances. To have Torre wait 10 days for an offer simply made him more resentful. From a negotiations point of view, it sent mixed signals at best and an implied message of we want you, but we REALLY do not want you at worst.

Finally, the offer was not negotiable. No counter proposals, no discussion, no debate. It was contract negotiation by dictat, which presupposed two things: (1) that the Yankees had a superior bargaining position, or (2) they just went through the motions. If it is the second, it certain guaranteed not "Getting to Yes" and served no useful purpose.

SPANISH FOOTBALL - LA LIGA - ROUND 8/2007 SATURDAY RESULTS

The Spanish 1º Division League - "La Liga" - is back in action withRound 8 Saturday games, that have given goals & surprises.FC BARCELONA visited VILLAREAL & lost 3-1 to a great &inspired home team. Barça suffered from the exodus & late returnof its Internationals who either returned injuried or tired.However, its no excuse, as Villareal were brilliant in the counter-attacks & opened up a "leaky"

FC BARCELONA NEWS: LIONEL MESSI HOT FAVOURITE FOR "GOLDEN BOY" AWARD 2007

FC BARCELONA Argentine youngster & 20 year old crack LIONELMESSI won the "GOLDEN BOY" Award back in 2005 as the World´sBest U/21 player. This award is the equivalent to "France Football´sGolden Ball Award" but with the difference that Italian daily "Tuttosport"hands it out & prizes the young World players.Out of the 40 candidates handed out, Messi is the hot favourite torepite again this year

DIDIER DROGBA. HEADING FOR SPAIN?

DIDIER DROGBA wishes to leave CHELSEA as commented by theplayer in an interview to "France Football".The player autoproclaimed himself in rebellion & placed himself onthe market saying he wishes to depart asap, thus opening up the possibiltyof landing in Spain in January 08 ( "Winter market").REAL MADRID maybe on the verge of taking up the opportunity, alongwith FC BARCELONA ( which SFS doubts as

Sports Agency on the other side of the Pond

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

General perception is most soccer deals in Europe are made in the following manner: an Agent is approached by, or approaches a, club regarding an offer for a player and his prospective transfer. Somewhere along the line, club and agent discuss payments to be made to player (salaries, bonuses, etc.) as well as payments to be made to agent (commissions, fees or other). In the end, the player seldom pays anything to his agent and clubs pick up the tab for the representational work undertaken by the agent on behalf of his client. In fact, I don’t think most players would react well to an agent presenting an invoice for his services, which is testimony to the current state of affairs and to the amount of work to be done in terms of avoiding conflict of interest.

1. Illegal Payments and Dual Representation

FIFA Players’ Agents Regulations (which are superseded by National Law on the subject but are basically accepted by Football Associations all over and can be regarded as the legal framework when dealing with agency issues, hereinafter the “Regulations”) set forth that "[t]he contract shall explicitly mention who is responsible for paying the players' agent's fee, the type of fee and the prerequisite terms for the payment of the fee" (article 12.3). In addition, the Regulations establish that “[o]nly the client engaging the services of the players' agent, and no other party, may remunerate him” (article 12.4).

The foregoing provisions do not preclude agents from being engaged and remunerated by clubs. In fact, article 11.4 of the Regulations clearly states that an agent has the right “to take care of the interests of any club which requests him to do so”. In this case, the agent “shall be remunerated for his services by payment of a lump sum that has been agreed upon in advance”, as per Article 12.9 of the Regulations.

A holistic interpretation of both articles 11 and 12 necessarily concludes that agents must be remunerated by the party they are representing while they must represent only one party in any given deal. However, available evidence suggests this is hardly the practice amongst European licensed agents. Illegal payments (known as Bungs in the UK) and dual representation threaten to become established traits in the trade. Ian Blackshaw, a distinguished law professor, reports that an investigation into the bung allegations commissioned by the FA Premier League in 2006 and lead by Lord Stevens undertook the review of all 320 Premier League transfers that had taken place since January 2004. Lord Stevens identified 39 transfers as requiring further investigation, while one unnamed football manager submitted that the figure should be multiplied 4 or 5 times.

The FA has been very reactive to the troubles of agency and a transfer clearing-house has been put in place, requiring clubs to submit a declaration of payments form, provided by the FA, to the Registrations departments along with the player's contract, registration form and, where necessary, transfer form. In turn the transfer funds must be forwarded to the Finance department where they are then checked and cleared to the authorized banks and only after this process can the registration be finalized. Other Associations have taken no such measures and we can only guess that Lord Stevens would have had a lot more work had he looked into transfers all over Europe.

Let's take the example with which I started this post. That same agent has two offers for his player: club A has submitted a proposal of USD 500.000 and an agent fee of USD 100.000. Club B on the other hand, is offering the player USD 350.000 whereas the agent gets USD 150.000. Guess who will end up securing the player’s signature? This may be a touch to simplistic, but it illustrates the bottom-line.

2. Cross Ownership and Conflict of Interest

Globalization has changed the face of Soccer, and in no other area is this more apparent than in ownership of players’ transfer rights. 20 years ago players’ transfer rights were the clubs exclusive property. With much more significant amounts of money coming into the sport, and with many clubs struggling to balance their accounting sheets, we’ve reached a point where clubs, individuals and funds are owners of players’ transfer rights. Nowadays, a club wishing to engage the services of a player is likely to have to negotiate the transfer with an investment fund.

This has opened up the door for obscure situations. Club managers, directors and agents are sometimes the people behind these funds. Again, how can club managers be expected to act in the club’s interest if they have a personal stake in a deal? How can an agent faithfully represent the interests of a player when his own personal interest in on the table?

Current Regulations are silent on this matter but the word is the new draft Regulations will contain provisions specifically addressing the issue. But there is no point in having legal provision if there is no monitoring of compliance.

Control seems to be the ominous solution. People need to go on record as to their status in any given transfer and cannot be afforded the chance to represent themselves and third parties at the same time. It all sounds a bit draconian. But can anyone truly disagree with the assumptions and suggested solutions?

NFL Picks Against the Spread 2007: Week 7

The drive for .500 continues! I actually had a really solid week last week, so hopefully I can continue with that momentum.

Ravens (-3) over Bills
I'm not huge on the Ravens, but the Bills have not been all that impressive. Trent Edwards will get the start again, and rookie QBs generally don't fare too well against good defenses.

Jets (+6.5) over Bengals
The Bungles are a bit of a mess right now... with Chad Pennington playing for his job, I think they'll have enough to cover.

Vikings (+9.5) over Cowboys
Of course I'm taking the Vikings here... That Adrian Peterson guy is pretty good. The Vikings offense has started to turn a little bit, as the passing game looked solid last week (even if the numbers don't exactly bear it out).

Bucs (+2) over Lions
The last time we saw the Lions, they got absolutely walloped by the Redskins... now they're 2 point favorites against Tampa? Nah don't like that. The Bucs are solid defensively, and they take care of the ball offensively. That's half the battle.

Patriots (-16.5) over Dolphins
As I have said in previous weeks, I am going to keep taking the Patriots until they prove that I shouldn't. They have some talent.

Saints (-9) over Falcons
The Falcons suck, but the Saints had one big week and all of a sudden they're 9 point favorites? Hmmm. For that reason I tried talking myself into taking the Falcons and the points, but I just can't. Word is that Byron Leftwich will be starting this week... I'm sorry, but I just can't see that ending well.

Giants (-9) over 49ers
The Giants have looked extremely potent offensively this year, while the Niners have looked extremely terrible offensively, especially with Trent Dilfer at the helm. The Giants look like the easy choice, but we'll see.

Chiefs (+2.5) over Raiders
Still not sold on the Raiders because I'm not sure that they can actually pass the ball. They are 29th in the NFL in passing YPG. Larry Johnson appears to be getting on track more (though maybe that was just because they played the Bengals?)... I'll take the Chiefs.

Bears (+5.5) over Eagles
I'm really not sure what to think here... two teams that seem to have underachieved a bit (though the Bears have been badly hurt by some injuries defensively). I'll take the Bears here, but I'm not real confident.

Steelers (-3.5) over Broncos
The Broncos have been a bit of a trainwreck, and Javon Walker will again be out. I see them struggling to move the ball consistently against a stout Pittsburgh defense.

Rams (+8.5) over Seahawks
Bulger's back, which should help out the Rams offense some. Of course, it really can't get any worse. Plus, the Seahawks haven't looked all that impressive thus far. I'll take the Rams to cover.

Texans (+1.5) over Titans
I have some concerns about Vince Young... if he's not fully healthy and full able to use his running abilities, he is simply not that good right now as a pocket passer. The Titans will have lots of problems running the football, but I'll take them here.

Redskins (-8.5) over Cardinals
Tim Rattay is the Cardinals QB. I rest my case.

Colts (-3) over Jaguars
This is a tough one because it is in Jacksonville and because the Jags typically play the Colts better than anyone else (with the Patriots being the obvious exception)... still, I like the Colts to win, and 3 points is too little of a spread to take the Jags.

Last Week: 8-3-2
Season: 41-41-7

REAL MADRID NEWS: INJURIES & NIGHTLIFE

Bad news for REAL MADRID & for ARJEN ROBBEN (picturedbelow) & Argentine International GABRIEL HEINZE. Bothreturned from their respective International games with injury.Robben tore a hamstring muscle against Eslovania in Holland´s2- 0 victory & will be out 5 weeks. Heinze also torn a muscle withArgentina & will be out 3 weeks.While some tore leg muscles, others with ROBINHO ( picturedbelow)

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

This week, news outlets have reported a frightening rise in reported cases of MRSA, a strain of the staph infection resistant to existing antibiotic treatment. This life-threatening infection begins as a small sore which may resemble a pimple, blister or spider bite.

Staph infections have long been a particular problem for high school and college athletes. Athletes spend time in locker rooms that are breeding grounds for staph and other bacteria, and dirty uniforms and equipment can further the spread of the bacteria. According to one report,

the bacteria do thrive in locker rooms and gymnasiums . . . . "This scenario sets up the perfect scenario for the organism to invade the skin. In this setting, you have sweat and good exposure to skin. With youths who play football or lacrosse, the skin might also be cut or scraped, making the skin more vulnerable."

According to another report,

"If you go back to the locker room and there are guys sharing towels, sharing whirlpools or sharing weightlifting equipment," said Dr. John Francis of the Johns Hopkins University School of Medicine, "there's a risk of this bacteria commonly found in your skin to then be passed from one individual to another."

The resistant MRSA also seems to have disproportionately impacted athletes.

Nine Pennsylvania football players - from various schools - have contracted MRSA this year, all having played on the same field. This week, six high school football players in Kentucky were diagnosed with MRSA. In response,

school officials said they are now going to sanitize school locker rooms every Sunday. They will also sanitize wrestling mats and weight-room towels on a daily basis.

In Fairfax County, Virginia, where six high school athletes have contracted staph so far this year,

trainers have worked with student athletes for the last two years to educate them about the risks of MRSA, said Jon Almquist, administrator of the county's athletic trainer program. Students are shown a DVD on the issue, and taught to have a trainer examine any lesion or wound on their skin for signs of infection, Almquist said.

Nor have college athletes escaped the recent rise in resistant staph.

Staph is a serious condition even in its treatable forms -- and, sadly, it is only a matter of time before a high school or college athlete loses a limb or her life as a result of the spread of MRSA. (A Virginia student died this week from MRSA, leading to the closing of 16 schools, but it is not clear that he was an athlete). Admirably, public health authorities are dedicating increasing attention to the matter.

What legal liability, if any, might rest on the shoulders of a university or high school for failing to take adequate steps to reduce the risk of such infections to athletes? Although there are several cases involving staph infections against prisons and hospitals, I could find none targeting a school district or university. However, schools have been held liable for serving E. Coli-infected tacos to students. See, e.g., Almquist v. Finley School Dist. No. 53, 57 P.3d 1191 (2002). Although schools are often immune for simple negligence, they have been held liable where they create a public nuisance or where employees of the school district recklessly supervise students. Might some of those theories expose schools to staph-related liability claims by athletes?

4th Circuit Rules in Latest Baltimore Ravens Logo Infringement Case

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

sued the Baltimore Ravens, Inc. (the Ravens)and National Football League Properties, Inc. (NFLP), alleging that these defendants had copied one of his drawings in choosing a logo for the Ravens. A jury considering liability found that the Ravens and NFLP had infringed Bouchat’s copyright in the drawing, but a second jury considering damages awarded none. We affirmed in each of two appeals. In the four cases before us today, Bouchat sues several hundred companies (licensees) that used the infringing logo in various endeavors, including the production and marketing of official Ravens merchandise. In summary judgment proceedings in these cases, the district court held that the licensees had infringed Bouchat’s copyright, but denied his requests for actual or statutory damages. Bouchat appeals the judgments, and we affirm. We conclude that the doctrine of claim preclusion prevents Bouchat from obtaining actual damages from the licensees and that his failure to register his copyright before infringement began renders him ineligible for statutory damages.

For more information on the underlying dispute, see Greg's post here, which links to the 4th Circuit's opinion in Bouchat's earlier case against the Ravens.

ATLETICO DE MADRID NEWS

ATLETICO DE MADRID wishes to continue strenghtening itsmidfield & looks to the future.The future has a name, LUCAS BIGLIA the 22 year ANDERLECHTArgentine International, according to local daily "AS".Biglia is already a World Champion with the U/20 Argentine team,& is considered a big future prospect in World Football.As always , SFS remembers its readers, that this is rumour & speculation,

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

Nate Jones, a 1L at UCLA Law and author of the Jones on the NBA blog, alerts me of the following:

UCLA School of Law seeks sports agents (particularly MLB, NBA, NFL) to participate in a panel slated for Thurs., Nov. 13th. The topic will center around the paternalistic structure of the league-athlete relationship. Through an examination of policy and contractual provisions by which leagues in general tend to assert their dominance, the discussion will consider areas such as right of publicity, intellectual property, moral clauses, salary cap, and minimum age requirements. By looking prospectively to the future of sports agreements, the discussion will also consider how players might increase personal and professional autonomy, particularly in a digital age. CLE credit may be available for lawyers.

For more information, please contact: Amber Jorgensen - jorgensen2009@lawnet.ucla.edu

This sounds like a great event and if you are a sports agents based in or near Los Angeles and interested in speaking at it, please contact Amber Jorgensen at the e-mail address indicated above.

FINLAND 0 - SPAIN 0. FRIENDLY GAME RESULT 2007

Waste off time. The friendly game against FINLAND ( with myrespects to Finland) ended in a 0-0 draw against SPAIN.Boring & lacking interest, except for the Finish goalkeeper´ssaves, the match lifted little passions.Spain fielded a "B-side" with 8 substitutes & played like a B-side,a fact that Spain attempted to change in the 2º half with the entryof the "regular" players. That strategy also

Kettlebell Carry Over

KETTLEBELL CARRY OVER

I just finished a regular training session using weights. I will admit that I've been concentrating on lifting kettlebells almost exclusively for the past 2 months. The title of this post is kettlebell carryover, it's not an exercise (although it could be!) but more what kettlebells have done for me in terms of carryover to different exercises not directly related to the muscle groups I thought i had been training doing my usual swings, cleans, flips and jerks/presses.

I have been doing a routine in my lunch break at work, due to time constraints.
As follows:

5 x 20 kettlebell flip rest 1-2 mins (1 day)
or 100 Kettlebell swings as quickly as possible (resting if neccesary)

5 x 12 kettlebell clean and press, alternate arm every rep (2 day)

and repeating this everyday with weekends off.

My warm up for this has been carrying the kettlebells (farmers walk) about 200 yards to where I have been training and then when finished carry them back.
I have also only used 2 x 40kg kettlebells

What I have found with this workout is that it has carried over to my standard weight routine very well.
I managed a great workout with squats and bench:

8 x 2 box squat @ 200kg
5x5 dead stop bench @ 140 kg
Simple and easy but went really well.
I was suprised as I expected to be weaker but wasn't. I believe because I had worked upto a good number of reps with the kettlebells.

Triceps used in the KB press have carried over to the bench press, training the posterior chain with KB's has also improved my bench press (read anything Charles Poliquin about this) and the squatting motion coupled with core work on heavy KB swings has carried over to the squat.

I'm well chuffed by this as it's given me a new faith in brief consistent workouts!!

Cheers
Rob

kettlebell training for sport

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

Yesterday, the Eighth Circuit Court of Appeals issued its 13-page ruling in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. and affirmed the ruling of the United States District Court for the Eastern District of Missouri. The full opinion is available here.

In Missouri, the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage. The district court concluded that the evidence was insufficient to establish the "identity" and "commercial advantage" elements. But the district court was clearly wrong on that conclusion as a matter of law because there is no dispute that fantasy league operators are using the players' names for a commercial advantage in the games they are selling to the public. The Eighth Circuit disagreed with the district court and correctly found that the players established a cause of action for right of publicity: "Because we think that it is clear that CBC uses baseball players' identities in its fantasy baseball products for purposes of profit, we believe that their identities are being used for commercial advantage and that the players therefore offered sufficient evidence to make out a cause of action for violation of their rights of publicity under Missouri law." I'm glad to see that the Eighth Circuit put to rest the flawed notion that fantasy leagues are just using statistics and not players' identities.

The court of appeals held that the First Amendment nonetheless trumps the right of publicity action because "the information used in CBC's fantasy baseball games is all readily available in the public domain, and it would be strange law that a person would not have a first amendment right to use information that is available to everyone." (emphasis added) Actually, it would NOT be strange law. I can assure you that there is no authority for that proposition in the context of right of publicity actions, and that's because it provides circular reasoning. Public domain, which is an intellectual property concept, simply means the public has a right to certain information, documents or writings because nobody else has rights to it under the law, for example under right of publicity law. Wouldn't it be "strange law" to say that individuals have no right of publicity if their names are in the public domain? Famous people, by virtue of their fame and fortune, are, by definition, in the public domain. Indeed, the more famous they are, the more they are in the public domain, and thus, the more likely it is that third parties will desire to use their names for commercial gain. In fact, that is the basis for even recognizing right of publicity as a cause of action.

The court's "public domain" reasoning is simply not a workable standard for evaluating when the First Amendment trumps a right of publicity claim. How is a court to use this standard in the context of other uses, for example use of players' identities in baseball cards, in video games, or on a cereal box? At least the court of appeals put to rest the notion that a picture somehow strengthens a right of publicity cause of action over merely using the name (which did seem to influence the district court). In support of its public domain rationale, the court relied on the Cardtoons case involving Cardtoons' parody trading cards featuring caricatures of players with humorous commentary about their careers. But that case is clearly distinguishable because the use by Cardtoons involved social commentary on public figures, the type of creative expression protected by the First Amendment (another case along those same lines is the Tiger Woods case which involved the defendant painter's expression through art work).

The court of appeals also justified its holding on the grounds that "major league baseball players are rewarded, and handsomely, too, for their participation in games and can earn additional large sums from endorsements and sponsorship arrangements." This justification seems odd to me for a few reasons. First, it has absolutely nothing to do with First Amendment principles. Second, the court is making its own subjective assessment about acceptable ways that certain individuals should be able to make money. The court provides no standard for determining when it is acceptable for players to be compensated in a particular context. Third, while the court suggests that players should be able to make money from endorsements and sponsorships, it obviously begs the question as to why the court's public domain rationale wouldn't trump that right as well. How is a court to analyze baseball card and video game use under this standard?

So instead of clarification involving the First Amendment and right of publicity, I walk away from the court's opinion even more confused. I wonder if the Supreme Court would endorse the Eighth Circuit's public domain standard?

SPANISH TEAM & FOOTBALL NEWS 17.10.07

Just two pieces picked out today from the national papers. The firstis the piece picked up by "AS" from German media "Kicker" werethey claim that FC BARCELONA is already thinking about asubstitute for its 30 year old Italian defender ZAMBROTTA. Theplayer in question is 24 year old PHILIP LAHM from BAYERNMUNICH.The second piece, is tonights "irrelevant" friendly game between SPAIN& FINLAND. A

NFL Power Rankings - 10/17

OK, the power rankings are back! As always, my top 10.

1. New England Patriots - As if there was any doubt. After speculating yesterday about the possibility of them going 16-0, they have to be #1.

2. Indianapolis Colts - Again, a really easy choice. The Colts and Patriots seem to be head and shoulders above the rest of the league (though watch out for the Jaguars this weekend).

3. Pittsburgh Steelers - I went over some of this yesterday, but they have playmakers offensively and they are allowing less than 10 points per game defensively. The schedule hasn't exactly been the toughest in the NFL so far, but it's hard to argue with the numbers they've put up.

4. San Diego Chargers - It sure looks to me like they have figured a lot of their problems out, and the addition of Chris Chambers will add another solid playmaker to the offense. Plus, as long as LDT keeps running like he did on Sunday, the Chargers might not even need a passing game.

5. Dallas Cowboys - OK, so the Patriots eventually ran them off the field. Still, the Cowboys are one of the most explosive offensive teams in the NFL, and still look like the best team in the NFC.

6. Jacksonville Jaguars - That decision to go with David Garrard over Byron Leftwich seems to be working out pretty well so far. Don't look now, but Garrard has a QB rating over 100 and he has yet to throw an INT this year.

7. Green Bay Packers - Yes, they have a fantastic defense. But they still have no running game and a QB with a propensity to turn the ball over. I still have a really hard time seeing these guys as a top 5 team, which is where they are ranked in most other polls.

8. Baltimore Ravens - Meh. 4-2, but I find it hard to get excited about this team because of the offense. 5 FG against the 49ers? Have to be able to get it into the endzone more.

9. Tampa Bay Buccaneers - Sort of like the Ravens Lite. Very good defense, but the offense has struggled at time. Still, as long as Garcia continues to take care of the ball and make one or two big plays a game, the Bucs will be contenders in the NFC.

10. New York Giants - The offense has looked real impressive lately. Eli Manning is getting better all the time, the receivers are legitimate threats, and the multiple threats at RB are getting the job done. They should be 6-2 heading into their bye week.

What changes would you make?

MLB loses in fantasy stats lawsuit

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

The court held that, although the players enjoyed a state-law right of publicity in their names and other personal information, their publicity rights were trumped by CBC's First Amendment right to use this information. The court balanced the substantial public interest and value in this information against the relatively weak right of publicity in play. CBC's use of the information does not interfere with the players' economic interests, their ability to earn a living from their names or their performances, which is the interest at the heart of the right of publicity; that weakened publicity interest must give way to free speech rights.

Neil Richards at CoOp comments and links to the opinion.