NFL Picks Against the Spread 2007: Week 13

This week did not get off to a good start (as I picked the Packers), but I will attempt to redeem myself as I continue my drive for .500.

Browns (PK) over Cardinals

Panthers (-3) over 49ers

Broncos (-3.5) over Raiders

Jaguars (+6.5) over Colts

Jets (+1) over Dolphins

Vikings (-4) over Lions

Bucs (+3.5) over Saints

Bears (+1.5) over Giants

Eagles (-3) over Seahawks

Bengals (+7) over Steelers

Chargers (-6) over Chiefs

Falcons (+3) over Rams

Texans (+3.5) over Titans

Redskins (-5.5) over Bills

Patriots (-20) over Ravens

This Week: 0-1
Season: 75-78-10

SI.com Column on Sentencing of Michael Vick's Co-Defendants

I have a new column on Sports Illustrated.com entitled "As the Dominoes Fall: Assessing Michael Vick's Fate after Co-Defendants' Sentencing." It examines the potential impact of today's sentencing of Vick's co-defendants, Purnell Peace and Quanis Phillips, on his upcoming sentencing on December 10.

Earlier this week, Alan Milstein wrote an excellent piece that takes a critical approach in studying the Justice Department's high degree of interest in the wrongs committed by Vick and Barry Bonds.

Hope you have a chance to read my column.

As an aside, good luck to all the law students who read this blog and who are taking final exams over the next few weeks.

FC BARCELONA STAR LIONEL MESSI CANDIDATE FOR FIFA WORLD PLAYER 2007

FIFA has announced its three candidates for this years FIFA WorldPlayer 2007 award.One of the 3 players is FC BARCELONA & young ArgentineInternatinal LIONEL MESSI. A great honour for such a young man who has had a fantastic year, exploding onto the World scene to remindmany of the leyend Maradona. Big comparison indeed, but with so many years ahead for Messi he has time to prove if he can reach

REAL MADRID NEWS: SCOUTING FOR NEW & YOUNG TALENT

Spanish daily "El Mundo" claims to have had access to a confidentialreport from REAL MADRID CF, elaborated by its roamimg talentscouts, recommending the directives of the players they consider bestfit the clubs philosophy, style & are the Worlds best young talent at thismoment for possible signnings.Real knows it needs to renew vital positions, from the defence, midfield& right through to the

Alabama Jury Gets Revenge Against NCAA

Yesterday, a jury in Alabama awarded $5 million to a former University of Alabama football booster, Ray Keller, who claimed the NCAA defamed him when it imposed penalties on the Crimson Tide in 2002. Keller maintained that the NCAA wrongly lumped him in with other boosters who were accused of making improper contacts and payments to recruits in the 1990s. A timber dealer and Crimson Tide fan, Keller argued that the NCAA slandered and libeled him during the announcement of penalties by referring to him and others as "rogue boosters," "parasites" and "pariahs." According to the press report, the NCAA didn't use the name of Keller or other boosters in announcing penalties against Alabama, but their names appeared in news accounts and the university sent Keller a letter barring him from its athletics program. The jury awarded him $3 million in punitive damages, $1 million for mental anguish, $500,000 for economic loss and $500,000 for damage to reputation.

This trial wasn't about defamation. It essentially amounted to a rehearing of the penalties imposed on the Alabama football program five years ago by the NCAA, but this time the case was heard by 12 Crimson Tide fans! As a torts professor, I've read plenty of defamation cases and I will be really surprised if this judgment ends up sticking on appeal (but I've been surprised before so I guess that's not saying much).

First, a statement must be defamatory by definition, which means that the statement must tend to adversely affect the plaintiff's reputation, for example, by impeaching the plaintiff's honesty or integrity. Referring to the former boosters collectively as "parasites" and "pariahs" is not any more defamatory than it is to simply say that the boosters made improper contacts and payments to recruits in violation of NCAA rules. In other words, what is potentially damaging to the former boosters' reputations in the community is the fact that the NCAA implicated them in wrongdoing which led to sanctions imposed on Alabama's football program, not that the NCAA called them parasites and pariahs.

Second, even if the NCAA's statement is deemed defamatory, the damages award seems excessive. Keller would most likely be classified as a private person, not a public figure. However, when the defamatory statement relates to a private person involving a matter of public concern or controversy -- such as penalties imposed on Alabama's football program as a result of improper activity by boosters -- the U.S. Supreme Court in Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) held that the plaintiff has the burden to prove that the defendant was negligent in ascertaining the truth of what it published. The NCAA performed a full investigation and determined that the boosters made improper payments and contacts. To my knowledge, there is no evidence of bad faith or even a negligent investigation on the part of the NCAA.

Finally, even if the NCAA was negligent in ascertaining the truth of what it published, Gertz held that damages are limited to the "actual injury" sustained by the plaintiff, which includes out-of-pocket loss, impairment of reputation, humiliation and mental anguish. However, there must be competent evidence of actual injury. Damages are not presumed, which is typically the case in libel actions relating to private persons involving matters of purely private concern. Thus, any award of punitive damages in this case can hardly be justified absent a showing that the NCAA made the statement knowing it was false or with reckless disregard for the truth. Also, $1 million for mental anguish on these facts seems fairly excessive.

"FRANCE FOOTBALL" GOLDEN BALL AWARD 2007: CESC FABREGAS IN TOP 10

Everyone is saying that this years "Golden Ball Award 2007" winner is AC MILAN Brazilian star KAKA, however, "France Football" hasreleased its list of the Best Top 10 players in "the World". In that listis young Spanish sensation CESC FABREGAS would belongs toARSENAL & is a Spanish International player. This is an extraordinaryachievement for such a young player whos future looks grand.Other

UEFA CUP RESULTS: ATLETICO DE MADRID 2-ABERDEEN 0 & GETAFE 1-H.TEL AVIV 2

The good news is that ATLETICO DE MADRID won its group Bgame, while GETAFE lost its group G match, both part of theUEFA CUP qualifiers played tonight.AT.MADRID defeated comfortably Scottish side ABERDEEN 2-0.DIEGO FORLAN ( pictured above) scored first for Atletico in the 45th min.Then the 2º goal came from a SIMAO free-kick ( pictured above)that hit the post & bounced onto the Scottish keepers

NFL Picks Against the Spread: Packers @ Cowboys

Last week I picked the Thanksgiving games and then in the hoopla of the holiday season forgot to pick the rest... so yeah. Anyway.

At the start of the year I was not sold on the Packers as legitimate contenders. The reasons were obvious... they had no running game, and I had watched Brett Favre play the past 2-3 years, when he was just as likely to make a game-changing mistake as he was to making a big play. Plus, the Packers are my least favorite team in the world. It's true.

So when they got off to the quick start, I was just assuming that they would quickly fall back down to Earth. But then a funny thing happened... they kept winning. Now they're 10-1 and facing the Cowboys in the 2nd biggest game of the year (not that I will actually, you know, get to see it).

The Cowboys are favored by 7, and maybe for good reason. They're at home, and they've had the most explosive offense in the NFC so far this year.

But I'm going to take the Packers, not only to cover, but to win this game outright. Just a feeling. Their running game is getting better and better, the defense is fantastic (great corners, good pass rush, fast LBs). Plus, the passing game is firing on all cylinders right now. Favre is avoiding the big mistakes, the receivers are making plays after the catch.

So with that said, the Packers are my pick in this game. Hopefully it lives up to the hype.

Last Week: 2-1
Season: 75-77-10

RIQUELME LEAVES VILLAREAL FOR BOCA JUNIORS

Finally the RIQUELME saga comes to an end, as the VILLAREALplayer has agreed to accept the deal with BOCA JUNIORS &become part of the Argentine team asap.This ends months of speculation & ends Riquelme´s days "inthe desert", after not having played a single game this season with Villareal. Riquelme is reported to be already inBuenos Aires after leaving the club without saying goodbye tohis

SPANIARD FERNANDO TORRES HELPS STEER LIVERPOOL

Great to see FERNANDO TORRES back in form with his 2 goals forLiverpool in their 4-1 victory over Oporto in the Champions League.Important victory for the English side as it keeps alive their hopes ofqualifying for the next stage.Last nights performance from the Spaniard is also great news for theSpanish national side, lets hope Torres gets games & avoids injury.Here´s a VIDEO with one of Torres´

CHAMPIONS LEAGUE 2007/08: VIDEO HIGHLIGHT OF WERDER BREMEN 3 - REAL MADRID 2

In case you missed & wish to see all the goals of this interesting game played yesterday, here is the Video.Champions League: Werder Bremen 3 - Real Madrid 2: 28/11/07

CHAMPIONS LEAGUE QUALIFIERS 2007/08: WERDER BREMEN 3-REAL MADRID 2 & VALENCIA CF 0 - SCHALKE 04 0

Not good news for Real Madrid & worst for Valencia CF in tonightsChampions League group matches. Real needed a point to secure their place in the next stage & failed to reach the objective, while Valencianeeded to win to keep alive the European Cup hope & failed.WERDER BREMEN won REAL MADRID 3-2 in a good game for theGermans & a disasterous match for the Spaniards, thanks to a horribledefensive

More on instant replay

At ESPN, Jim Caple argues, on the eve of The Big Game and the 25th Anniversary of The Play, that it is a good thing there was no instant replay in 1982.

Three key comments from the story:

First:

Nowadays, officials would review replays of The Play for so long that before they reached a verdict, Silicon Valley engineers would have developed another digital recording system that Microsoft and Apple would make us purchase in order to further analyze the decision. And then the refs would undoubtedly overrule The Play -- with more than two dozen players from both teams on the field, plus more than a hundred band members and cheerleaders, a replay official surely would find something objectionable -- and ruin the greatest play in college football history.
* * *
With today's video technology, we could review The Play from a dozen angles and use computer enhancements until we felt certain whether Dwight Garner's knee was down or if Mariet Ford's lateral really was backward. But, chances are, neither side would go away happy with the result.

Second:

But football is a game, not a court of law. And if you try to achieve perfection, you lose something more important. The beauty of sport is that it is played by humans, not computer programs. We are imperfect. We make mistakes. We fumble the ball, drop passes and trip over our own feet when there is nothing but open field ahead. And sometimes, Gary Tyrrell runs onto the field with a trombone. That's what makes the game unpredictable. That's what makes it compelling. That's what makes it fun.

[Editorial Comment: Even if it were a court of law, I remain unconvinced that video evidence necessarily gives perfection or even brings us closer to it].

Third:

What matters is that a group of trained, dedicated referees followed The Play that day as best they could, and they ruled on it as fairly and honestly as possible.

I have made before how I feel about instant replay. Looks like I found at least one person who agrees.

CHAMPIONS LEAGUE: VIDEO HIGHLIGHTS OF SEVILLA 3-ARSENAL 1& LYON 2 - FC BARCELONA 2

Highlights of yesterdays Champion League games with Sevilla & FCBarcelona.Sevilla 3-1 Arsenal Champions League 2007/08 Lyon (2-2) Barça

Loyola Law School Los Angeles Symposium on Discrimination in Sports

Professor Daniel Lazaroff of Loyola Law School Los Angeles and director of his school's Sports Law Institute, passes along the following info about what should be an engaging and provocative sports law symposium:

* * *

On Friday, January 18, 2008, the Loyola Sports Law Institute and Loyola Law School will be presenting our fourth annual symposium. This year's event is entitled "Discrimination Issues in Sports: Race, Gender & Sexual Orientation." The symposium will begin at 8:30 A.M. and run until 3:45 P.M. We think it will be an informative and enjoyable event.

The race discrimination panel will include Dusty Baker (Manager, Cincinnati Reds), Bill Gould (Professor, Stanford Law School) and Ken Shropshire (Professor, Wharton School). The gender panel features Anita DeFrantz (IOC Member), Nona Lee (V.P. and General Counsel, Arizona Diamondbacks), Jacqueline Michaels (OCR, U.S. Dept. of Education) and Kim Ng (V.P. and Ass't G.M., Los Angeles Dodgers). The scheduled sexual orientation speakers are Jim Buzinski (Outsports.com), Karen Doering (Senior Counsel, National Center for Lesbian Rights) and Claire Williams (Graduate Teaching Ass't, Ohio State University).

Beginning on Thursday, November 29, 2007, access to registration will be available online at this link. I would greatly appreciate it if you would share this information with your colleagues and students. We will admit students from any law school at no charge, Others will be required to pay $50 for the symposium and lunch ($70 with 5 hours of MCLE credit).

* * *

Please feel free to contact Dan with any questions.

Michael Beasley Scouting Report

I got a chance to watch Michael Beasley really closely over the weekend, which was excellent because I had obviously heard so much about him and seen the eye-popping numbers that he was putting up. Anyway, suffice to say he lived up to the hype when I watched him.

Offensively, he has the entire package. This seems fairly obviously when looking at his scoring averages, but it is completely true. He scores in a multitude of ways, and does some things that you wouldn't really expect from someone his height.

Obviously he is not a great ballhandler, but he can handle it well and is able to get past his man. For someone of his size he has a pretty solid first step. He almost seems to glide towards the basket. On one play he had the ball at the top of the key, and just blew right before his defender and had a layup before anyone could help out defensively.

He also had solid range. He can hit from the 3-point line, even when guarded. During one stretch he nailed 2 or 3 in a row from just inside the arc. Another thing I was impressed when seeing was that he drove to the hoop, but then pulled up and sunk a mid-range jumper. That's harder than it looks, and really impressive for someone of his size.

His back-to-the-basket skills are adequate at this point. I wasn't overly impressed by what I saw in that area (relatively speaking), but I suspect that he will become very good in this area with more experience.

Defensively, obviously he's helped by the fact that he is extremely athletic. But he's not always in great position and just relies on that athleticism. But again, this is another thing that I suspect will be improved with more experience. On the glass, he has great instincts going to get the rebound, and nabbing the ball at its highest point. Again, this is fairly obvious when looking at the fact that he is averaging over 15 RPG so far, but he has great instincts knowing where the ball is, and then using his superior athleticism to go and get the ball.

Anyway, that is my synopsis of Michael Beasley, likely top 3 (or more likely top 1) pick in next year's NBA Draft. Have you seen him play? Anything else you would like to add or disagree with?

CHAMPIONS LEAGUE QUALIFIERS 2007/08: SEVILLA FC 3-ARSENAL 1 & LYON 2-FC BARCELONA 2

SEVILLA FC has secured its place for the next stage of the ChampionsLeague with a 3-1 victory over ARSENAL which places them top ofGroup H.Great match by the Spaniards who ran riot along the right wing withdefender Alves & Navas very active all night.Arsenal scored 1st via DA SILVA in the 10th min, but Sevilla had 3 men that put the ball into the Arsenal net. First was KEITA ( above)who scored in

Where Have You Gone Barry Bonds?

Over on The Situationist, Will Li has an excellent piece on the myth-making of baseball records. He takes particular notice of Joe DiMaggio's 56-game hitting streak and Barry Bonds career home run record, which currently and maybe permanently stands at 762 home runs.

It's an enjoyable read for anyone interested in baseball history. The lack of attention DiMaggio received at the time of his record is almost unbelievable, though years later he would be duly honored.

As Will details, the treatment of DiMaggio's record invites the intriguing question of how Bonds and his record might be remembered decades from now. Might future generations hold Bonds and his record in higher esteem than do many of us today, perhaps because they will focus more on the extraordinary raw number and less on the flaws of the person responsible for it?

College Basketball Thoughts

I was fortunately able to watch a fair amount of college basketball over the Thanksgiving break, which was excellent because there was obviously a lot of fantastic action. Plus, I got a chance to see a lot of players that I've been hoping to see. Anyway, some of my observations and thoughts:

- I love Butler this year. They do the same things that they did last year (when they got to the Sweet 16) only they're even more experienced, other than coaching. Obviously, people know about their great 3-point shooting, and that's key. But also important is that they don't turn the ball over much and they don't put teams on the line very often. Basically, they shoot 3s very well and they don't give up easy points. That is a solid formula.

- Sticking with Butler, AJ Graves is the Horizon League Preseason Player of the Year, but I think Mike Green might be their most important player. He is also a good shooter, but he is a very good defender, passer, and rebounder. Basically Graves is a better scorer, but Green does everything else a little better.

- Eric Maynor is the Preseason Player of the Year in the CAA, and he'll get a ton of publicity after his heroics against Duke last year, but don't count out Will Thomas for George Mason. You'll remember he was a sophomore on the Final Four team, which now makes him an experienced senior and one of the best posts in the country. He is a really crafty inside scorer, solid post defender, good rebounder, and a good passer out of the post.

- I'm not as optmistic about Kansas St. as I was going into the year. Obviously Michael Beasley is fantastic (more on him later in the week), but I don't like their other pieces. Bill Walker is extremely athletic and has lots of potential, but it seems to me like is still a long ways off. He can get to the rim, but he is not a really good shooter. He tends to play out of control and rely too much on his athleticism at this point... but they need him to be a #2 scorer after Beasley. It seemed like nobody was creating any shots for anyone else when I watched K State play.

- Mark Turgeon is a great coach and was a fantastic hiring for the Aggies. They shouldn't miss a beat without Billy Gillepsie.

- The difference between Ohio St. last year and USC/Kansas Sr. this year is th experience around the freshman. Last year the Buckeyes had guys like Jamar Butler, Ron Lewis, Othello Hunter, etc. which was a huge reason they made it to the Title game. USC and Kansas St. does not have that caliber of returning talent (Taj Gibson notwithstanding) surrounding the great freshmen classes.

- Is there a more underrated player than Jamont Gordon for Mississippi St? Maybe I'm just late to the party? Don't look now, but last year as a sophomore he averaged 16 PPG, and over 7 RPG and 5 APG. Not bad.

- Mercer beat USC to open their season and have lost 5 games since.

- Look out for Miami of Ohio out of the MAC. Michael Bramos and Tim Pollitz form an outstanding 1-2 duo.

- I really like BYU coming out of the Mountain West. And this is obvious after they beat Louisville and took UNC to a close game, but they're for real. Trent Plaisted is an NBA talent at center, Jonathan Tavernari is an excellent shooter with a super-quick release, and Lee Cummard can do a little bit of everything. I have a hard time seeing anyone else match up with them well in that conference.

What has caught your eye so far this year?

The Bonds Market

Sorry for the awful pun. But back in journalism school, we practiced writing tacky headlines just for the fun of it.

Dave Hoffman at Concurring Opinions writes that trade on the prediction markets shows a belief among traders in a 75 % estimate that Bonds will be convicted or plead guilty to the original charge. And given the trading rules, Dave suggests there is a near-certainty among traders that Bonds will be convicted or plead guilty to something.

Throwing Tennis Matches

The New York Times reported Sunday on several investigations into possible throwing of matches at the behest of gamblers, including a withdrawal loss by world-No. 4 Nikolay Devydenko in Poland last summer. The trigger for the investigation was irregular betting activity on the match through Belfair, an English online sports exchange. Belfair voided the bets on the match. Its records showed that nine betting accounts in Russia (Davydenko's home country) stood to make $ 1.5 million if Davydenko lost. The story mentions several players who have acknowledged being approached about tanking matches and describes the sense among players that tanking, or at least efforts by gamblers to approach players with offers to fix matches, happens frequently. Right now, no one is naming names. The ATP has compiled a list of 140 "suspicious" matches since 2002.

The common assumption is that mainstream professional sports are not fixable because players make so much money that there is no incentive to throw games. But there are some things about tennis that call this into question. First, while the lack of financial incentive perhaps is true at the very top levels (Davydenko notwithstanding), lower-ranked players do not make the kind of money that automatically immunize them to temptation. The players mentioned in the story as having been approached by gamblers generally are ranked in the second-50 or outside of the top-100.

Second, tennis is an individual sport, so a player can throw a match without having to get cooperation from teammates. Third, Patrick McEnroe is quoted as saying that tennis is a very easy game to manipulate, that a player could throw a match and the untrained eye never would know it.

Fourth, and related, tennis is a long season with a lot of travel and a lot of nagging and not-so-nagging injuries (Davydenko retired from the suspicious match because of a foot injury); even the best players are going to have letdown matches, losing in the early rounds to lower-ranked players in more-obscure tournaments. This last point has two effects. First, it provides a temptation to players--"If I am feeling so exhausted or nicked up to play my best, why not take the money from a gambler?" Second, it makes an otherwise-inexplicable loss less suspicious, except for the strange gambling activity.

Finally, tennis is an international game. Thus, the risks of gambling have to be considered not solely from the standpoint of the American economy but also from the still-developing economies of former Soviet-bloc nations, notably Russia. Several of the stories about attempted fixing happened at events in Russia. This international flavor makes enforcement an interesting question. Both the Association of Tennis Professionals (ATP) and the International Tennis Federation (ITF) are investigating for possible administrative enforcement. But there is a question of what country, if any, could enforce its laws against such activity and against whom.

Worth watching the story.

SPANISH FOOTBALL - LA LIGA - ROUND 13/ 2007 SUNDAY GAMES RESULTS

Another great Sunday of Spanish Football today as Round 13 of"La Liga" concludes, with plenty of goals, cliff hangers & missedopportunities. Real Madrid continues to lead the ladder by 1º point,although they drew yesterday ( see below posts for yesterdays´s matchdetails).VILLAREAL had the chance to lead the Spanish 1º Division for thefirst time in its history if they defeated ALMERIA, after Real

EUROPEAN INDOOR FOOTBALL FINAL: ITALY 1 - SPAIN 3

The current Indoor Football World Champions & European titleholders SPAIN, kept/regained the Euro title after defeating ITALY 1-3in the final at Oporto ( Portugal) were the Indoor Euro Championshipswere being held.Spain has been dominating Indoor Football for years & its local leagueis considered the best in the World, a league were all the best globalstars play. Congratulations Spain, well done!

WORLD CUP 2010: SPAIN DRAWS A NOT SO EASY QUALIFYING GROUP 5

SPAIN is placed in Group 5 of the World Cup 2010 qualifiers , after itwas decided this afternoon in the draw for South Africa.Ex - Real Madrid & European Cup winner, plus French InternationalWorld Champion, Karembeu is pictured showing Spain, after it was drawn out of the bowl as head of Group 5.Spain will play Turkey, Belgium, Bosnia, Armenia & Estonia, as theabove graphic ( thanks to Marca)

Vick, Bonds and the Questionable Pursuit of Justice

Now that Michael Vick sits in a jail cell and appears to be slowly losing all the money he has rightly earned over the past few years, is it time to talk about some of the more troubling aspects of the story? By all accounts, if you can put aside the dog fighting violations for a minute, and maybe you can’t or shouldn’t, Vick was one of those superstar athletes who really cared about those less fortunate and worked to make things better in the communities like the one he grew up in. He was certainly a joy to watch. Without question, he made a serious error in judgment and did wrong. But those involved in this field of sports law might be ready to discuss some of the issues his prosecution and conviction raise.

First, where were Vick’s advisors: his agent, his attorneys, his friends, teammates and coaches? Surely some of these people knew he was involved in this activity and either turned the other way or encouraged his belief that there were no consequences for an athlete of his stature for such conduct. Too often, those close to stars like Vick are obsessed with staying close to stars like Vick, so much so they are afraid to tell the man what he may not want to hear. Vick grew up in the projects of Newport News, Virginia, a crime-ridden area known as BadNewz. As he told an interviewer, “When I was 10 or 11, I would go fishing even if the fish were not biting just to get out of there.” Vick now is one of the all too many African American young men imprisoned in this country, though it appeared he had escaped such a future. No matter how passionate you feel about the plight of animals, that is a human tragedy.

Second, many of us have been surprised to learn that this culture of dog fighting is fairly widespread. Some 50,000 Americans apparently are involved in the activity. Internet sites and numerous books promote and cater to what many call the “sport.” Apparently, many a small town Southern sheriff knew where and when the dog fights were and did nothing to stop them. Yet the United States Justice Department saw the necessity to get involved and prosecute Michael Vick. This is the same Bush/Gonzalez Justice Department which spent four years and millions of dollars to indict Barry Bonds, another prominent African American millionaire athlete, the same Justice Department which had trouble telling the truth when testifying before Congress about the way it conducts its business, the same Justice Department that had an interest in moving the Administration’s numerous failures off the front page.

Why Vick? Maybe he was just doing the wrong thing at the wrong time and the Feds had no choice but to prosecute him when they learned of his criminal activity while executing a search warrant on unrelated matters. Maybe the Feds also had little choice but to prosecute Bonds once they believed he committed perjury, even if the conduct he refused to admit had occurred was not a crime and had obviously been committed by numerous others including the white player who supposedly “saved” baseball.

All I know is that the prosecution of either of these splendid athletes gives me no joy, as it apparently does for some in the media and others who love to see superstars brought down to size.

SPANISH FOOTBALL - ROUND 13/ 2007: VIDEO HIGHLIGHTS OF BARCELONA-RECREATIVO; SEVILLA-MALLORCA & MURCIA-REAL MADRID

Just in case you have not seen all the goals from yesterday´s 3 gamesplayed of Round 13 from "La Liga", here they are on VIDEO, enjoy!Barça 3 – Recreativo 0Sevilla FC 1-2 MallorcaReal Murcia 1 - Real Madrid 1

SPANISH FOOTBALL - LA LIGA - ROUND 13/ 2007 SATURDAY RESULTS

The Spanish 1º Division was back tonight with 3 games of Round 13played with interesting results.SEVILLA FC played MALLORCA & lost 1-2 that takes them furtheraway from the elite part of the table. The 2º goal for Mallorca was scored by VARELA (pictured) in the 37 th min, while before in the 16th minIBAGAZA opened the scoring.For Sevilla KANOUTE managed to regain some pride for his teamwith their

KAKA ANNOUNCED AS "FRANCE FOOTBALL GOLDEN BALL" 2007 WINNER

SFS congratulates Brazilian 25 year old football player KAKA for beingnamed "France Football Golden Ball" 2007 winner, according to all thepress rumours flying in at this moment.According to Italian press "Corriere della Sera" & Spanish paper"El Mundo", the voting jury has got in contact already with the ACMILAN player to let him know that he has been chosen. No doubtthe news will be made

SPAIN AN ALTERNATIVE TO HOST 2010 WORLD CUP IF SOUTH AFRICA FALLS BEHIND

The FIFA Secretary General, Jerome Valcke (pictured) is very concernedabout how things are going with the upcoming World Cup to be held inSouth Africa in the year 2010.Ongoing labour unrest & delays in the construction of the footballstadiums in worrying FIFA if the South Africans will be ready to hostfootball´s most prestigious tournament.Fifa is preparing for the worst & has SPAIN as a possible

Players and Clubs: Quit Paying Agents Huge Commissions!

Sports economists may be able to justify the Yankees' decision to pay A-Rod $275M based upon economic formulas that take into account attendance, broadcast fees, concessions, merchandising and other forms of revenue (See, e.g., Jorge L. Ortiz, A-Rod Deal is Still a Revenue Winner for Yanks, USA Today, 11/21/07). But what about the decision of the Yanks and A-Rod to pay $14M to a third party agent who didn't even negotiate the deal? Jerry Crasnick, an ESPN.com reporter and the author of License to Deal, wrote an interesting article last weekend analyzing the Yankees/A-Rod deal as well as the role that Scott Boras played in the process (Boras Took a Hit But He'll Survive, ESPN.com, 11/19/07). Here are some excerpts:

[Boras will] soon receive a commission of $14 million or so for A-Rod's deal with the Yankees, and he didn't even have to pay Kinko's to print and collate a 100-page "homage to Alex" binder.
....
We know that A-Rod, after seeking guidance from investment icon Warren Buffett, got the ball rolling by contacting the Yankees directly. The Steinbrenners, who wanted no part of Boras, are now dealing with him because baseball's labor contract
decrees they do so.
....
For a multitude of reasons, the A-Rod affair will not go down as Boras' crowning achievement. The decision to exercise an opt-out clause during Game 4 of the World Series -- and no matter what Boras says, it came from his end -- was incredibly ill-timed. Then the bidding war that Boras was expecting failed to materialize, to the point that Rodriguez, with the support of his wife, Cynthia, felt the need to reach out personally to the Yankees to achieve détente. What was the ultimate cost to Rodriguez? As ESPN's Buster Olney recently reported, the Yankees were willing to begin talks with Boras with an opening offer of five years and $150 million, in addition to the three years and $81 million remaining on his deal (with $21 million coming from Texas). The Yankees might, indeed, have been willing to go to nine years and $260 million in the end, but we'll never know for sure.

Is Boras entitled to his 5% commission, let alone any commission at all? And even if Boras had negotiated A-Rod's deal with the Yankess, I still couldn't justify the fee. As a starting point, A-Rod is obviously worth at least $25M per year without an ounce of help whatsoever from any agent. Why should an agent take any percentage whatsoever of that first $25M?

This post isn't a criticism of Boras as an individual or anything he did regarding A-Rod's deal; it's a criticism of the third party agent system in general. In the introductory paragraph above, I purposefully posed the question why the Yanks and A-Rod both decided to pay such a large commission to a third party. I say "both" because I fail to understand why the unions and leagues continue to allocate to third parties to the player-contract relationship such a huge chunk of the revenue pie -- Granted, it may have been justifiable 30 years ago but times have certainly changed. I've written about how the system is detrimental to both the players and the clubs in all kinds of ways, and how unions and leagues could collectively bargain for changes that would be mutually beneficial, including unions representing players in individual contract negotiations. In his article, Crasnick quoted a statement made by Nationals president Stan Kasten on XM Radio, who tends to agree: "I used to think of Scott as a necessary evil, and now I've changed, I no longer think he is necessary. He and I are friendly enough personally, but I think the way he conducts himself is perfectly consistent with the job he's given within the system we have. I think the system could be better, and I've talked about this publicly, for all of sports, for all of fans, and for all of players, if the union took over that job, and we had an agent free universe, I think everything would be better."

But Crasnick suggests that the union really needs agents like Boras:

We know for starters that the Players Association has a major stake in Boras' emerging from this saga with his clout intact. You see the union's devotion to Boras every time a younger, less established agent complains that one of Boras' "scouts" in the minor leagues is trying to steal a client. And you see it when Fehr issues a statement saying the union is worried about collusion in regard to A-Rod's contract talks. The union loves and protects Boras because he negotiates the record contracts that set the market for the smaller deals. He creates the rising tide that lifts all boats.

I think Crasnick is overexaggerating the union's dependence on Boras. For starters, the fact that the union has chosen not to proactively discipline Boras for client stealing is not due to a "Boras protectionism" effort as many agents might like to think. It's more a component of the myriad issues surrounding a union's disciplining third party agents for misconduct, which include affording agents sufficient due process, affording each player autonomy in the choice of agent, allocating sufficient resources towards enforcement, lack of sufficient evidence, numerous factual issues, and concerns regarding arbitrary enforcement. I also disagree with Crasnick that Don Fehr's recent statements about collusion associated with A-Rod's contract had anything to do with a "devotion" to Boras.

Indeed, approx. 15 years ago when player salaries were half of what they are today, Fehr even questioned whether a commission-based agent fee is the best system for the players:

[W]e are beginning to get fairly significant pressure from players to consider modifying [the player-agent] relationship. There has to be another way to do this because the fees are getting out of hand. As an athlete begins to earn 3 or 4 or 5 million dollars a year, is the work involved that much more lengthy than it was before? As a matter of fact, the agent's skills may improve and his or her bargaining power may be greater which could mean the process entails less work. Do percentages make any sense? Well, maybe not. (See Donald Fehr, The Second Annual Sports Dollars & Sense Conference: A Symposium On Sports Industry Contracts And Negotiations, Union Views Concerning Agents: With Commentary on the Present Situation in Major League Baseball, 4 MARQ. SPORTS L. J. 71, 81 (1993)).

Maybe the players need to consult a sports economist for a formula to justify the $14M commission paid on A-Rod's deal....

SPAIN RANKED 4TH ON FIFA TABLE

SPAIN is ranked 4th on the released FIFA World Ranking table.It´s last few good results has lifted Spain into the elite part of thetable, a frequent achievement that does not materialize in actualInternational titles. Lets hope that changes in the next Euro 2008tournament.FIFA World Ranking:1.Argentina 1.523 points2.Brazil 1.5023.Italy 1.4984.Spain 1.3495.Germany 1.2966.Chech Rep. 1.2907.France

LATEST SPANISH NATIONAL TEAM PHOTO

SFS has many fans around the World ( specially from Asia) who alwaysask to have images of the Spanish National Team. Here is the very latestfrom last Saturday against Sweden. This line up looks like it will be thehard core of the final Euro 2008 squad.From left to right: Iniesta, Silva, Villa, Capdevila, Marchena, Albelda,Xavi, Cesc, Puyol, Ramos & Casillas

Happy Thanksgiving!

Hope your holiday is great!

REAL MADRID NEWS: HOT TRANSFER RUMOURS

According to "Marca" Italian club INTER MILAN maybe aboutto "crash" REAL MADRID ´s party.Real Madrid is following closely & is in contact with 19 year oldOLYMPIQUE DE MARSEILLE & French International SAMIR NASRI(pictured). The young star has already voiced is preference for Real, butInter has also shown interest & wishes Nasri to be the replacementfor Figo. If Inter enters the picture it could

VILLAREAL & BOCA JUNIORS HAVE AGREEMENT. BUT RIQUELME WANTS EVERY CENT

Spanish club VILLAREAL has an agreement with BOCA JUNIORSfor the transfer of its Argentine International RIQUELME ( pictured).However, they need the actual player to OK the deal & here is were wefind the hurdle.Riquelme comments that HE decides his future & that he wishes toget paid every cent worth to him from his current 2009 contract with Villareal. So much so, that he is will to stay at the

FC BARCELONA NEWS: EDMILSON OPENS A CAN OF WORMS

FC BARCELONA´s Brazilian midfielder JOSE EDMILSON hasbroken the teams pact of solving problems inhouse & has causedthe squad to get together this afternoon for 30 mins ( without CoachRijkaard) to claim an explanation from Edmilson for the reasons behindhis declarations & shut files.Edmilson made comments on TV3 ( Catalan TV) that has opened upto all & confirmed what many already suspect, that

Old foes

There is hardly a more forceful contest than that performed by an English and French team on a rugby pitch. The rivalry between the old foes is at its highest when played out on the field of play. But last week’s news that Phil Greening, England’s former international player, had been ordered by a French court to pay Aurelién Rougerie, a French international, EUR 40,500 (US$59,100) as compensation for the injuries caused to the latter by the former on the field of play are a dramatic extension of the documented enmity.

5 years ago, in the course of a game between Wasps (of England) and Montferrand (of France), Rougerie suffered a severe injury to his throat that required 3 surgeries and put him out of the game for more than 4 months. Allegedly, the injury resulted from a hand-off (a technical feature of rugby according to which the attacking player fends-off the attempted tackle by the opposing player by extending his arm, with an open hand, and brushing aside the would-be defender) by Phil Greening. I was unable to find any footage of the incident on the web. However, it generated significant dissent amongst commentators and crucially, citing commissionaires at the game found no evidence on which to pursue any disciplinary action against Greening on the basis of the available footage. It is always risky to deliver an opinion on something you have not directly seen but in all likelihood this was a borderline case.

Even though common law and continental jurisdictions have gone about these sorts of cases in different fashion (following different legal paths and standards), it can be safely said that, in general, the judicial powers have accepted that participants in any sport are bound by a duty of care. Moreover, it has been widely accepted that the specifics of each sport and the environment created by the rules of the game (namely in contact sports) are fundamental in creating a particular environment, which must be taken into account when establishing any thresholds. Where courts have not been so unanimous is in finger-pointing the breaching conduct leading to a “guilty” decision. As a matter of principle (especially because the incident hereunder took place during a rugby match, a highly aggressive sport) let us consider reckless disregard as the applicable standard for the ascertainment of a breaching conduct.

Taking the foregoing into account, can we readily accept such a judgment? It is impossible to say with any degree of certitude whether Greening’s hand-off can be deemed a fair reflection of the rules of the game, even if performed with a level of technical deficiency; moreover, it is impossible to say whether his technical gesture was one that could be expected from a rugby player, a naturally aggressive sort of athlete playing a contact sport, who is required to act accordingly, even if sometimes against the rules (that’s why fouls exist). Or was it an absolutely unreasonable, nonsensical, foolish, absurd, action that goes beyond the foul and into an area of civil liability? In contact sports such as rugby Greening’s hand-off would have to be something bordering the ludicrous to merit such an award. The French court has the benefit of doubt because it reviewed the incident and I did not.

One final note. Rugby authorities and players alike have been very loud in their cries against the decision, claiming it will have repercussions and hinting it may even change the game. I doubt this decision has the potential to create international havoc but at least in France players will be thinking twice before upping their aggressiveness levels in a hand-off or even a tackle.

EURO 2008: SPAIN 1 - NTH.IRELAND 0. SPAIN QUALIFIES GROUP WINNER

It was rough , hard & difficult but finally SPAIN goes through & qualifies for Euro 2008 as group winner after defeating tonightNTH.IRELAND 1-0. Here is the VIDEO of the winning goal thanks to XAVI HERNANDEZ of Fc Barcelona.Spain 1 - Nth.Ireland 0 - Euro 2008 Q

DOJ Joins Disabled Veterans in Action Against U of Michigan's 'Big House'

One of the more notable aspects of the Americans with Disabilities Act is the statute's requirement that public facilities be accessible to disabled patrons. The question is, however, is in the details and this law -- as laudable as it is -- did not provide very many. Instead, the framers of the statute left the regulatory nitty-gritty to the Department of Justice to iron out.

Like a ceramics artist who creates a work from a mass of wet clay, the DOJ created its standards from similarly hazy circumstances. In doing rtitle III's mandate to ensure "readily accessible and usable for individuals with disabilities" was not adequately defined. Instead the statute directs a board of experts to issue specific guidelines implementing the ADA to the Department of Justice for consideration and adoption. [for more on the process, you can check my article in 8 Marq. Sports L.J. 263 (1998)]. Ultimately, the DOJ essentially adopted a one percent solution and more complex regulations involved adequate sightlines for disabled patrons.

While the DOJ was considering this, a spurt of new stadiums and arenas were being constructed in the mid-1990s and stadium architects and owners had trouble grappling over exactly what the regulations required. The court concluded that the regulations were considered binding, despite some judicial criticism over the confusing process in doing so. (This was noted in Paralyzed Veterans of American v. Ellerbe Becket, 950 F. Supp. 393 (D.D.C 1996) and in its appeal, found at Paralyzed Veterans of Am. v. D.C. Arena, 117 F.3d 579 (1997)

I thought of the regulatory history when I read that the DOJ joined a lawsuit by the Michigan Paralyzed Veterans of America, claiming that the stadium violated the ADA seating rules. It alleges that the seats are no adequate distributed around the stadium and fell short of the 1 percent requirement.a lawsuit against the University of Michigan's football stadium (known as "the big house").

Although the Michigan stadium dates about 100 years, renovations in 1997 bring it under the purview of the ADA regulations. The suit claims that negotiations between the parties were not successful and with only 88 seats out of 102,000, it falls below the 1 percent standard. Also, the complaint notes that the disabled seating was not dispersed throughout the stadium as all the seats are in the end zones. It adds that accessible toilets, concession stands, souvenir shops or parking was lacking. The University denies these claims.

Although the stadium is the nation's largest, that does not mean that it is necessarily willing to carve out more disabled seating. From the University's point of view, crafting disabled seating would mean taking out seating for non-disabled patrons and would likely result in a loss of seats. Generally (although not always) one disabled seat or space takes the place of two non-disabled seats, meaning a loss of people and revenues. For a venue that regularly sells out, that is not an insignificant issue. Feelings could be hurt and anger may result between non-disabled fans (who may have lost their seats) and the disabled fans who wish to see games. Still, it surprises me that the University has not settled the case. The lawsuit places an prestigious and venerable institution (with an equally prestigious and venerable football team) in the position of defendant a status quo that excludes and stigmatizes disabled patrons.

I will be following this case and will report on any updates.

Frank Caliendo on Inside the NBA

I'm not sure when exactly this was aired, but it's comedian/impersonator Frank Caliendo when he appeared on Inside the NBA with Ernie Johnson, Kenny Smith, and Charles Barkley.

It's worth a listen if only for the amazing impersonations of Sir Charles and Bill Walton. Good stuff.

NFL Picks Against the Spread 2007: Thanksgiving

3 games on Turkey Day... I'll make my picks for those, and pick the rest later in the week.

Jets (+14) over Cowboys
Jets have been playing a little better the last couple of weeks with Kellen Clemens, and I'm not sure they're quite as bad as their 2-8 record indicates. I think Leon Washington makes a couple big plays and allows the Jets to keep it close. Obviously I still like the Cowboys to win, but I think the Jets can keep it semi-respectable.

Packers (-3.5) over Lions
Lost in the Brett Favre hoopla is the fact that the Packers defense is really good. Kitna tends to struggle and make some bad decisions when there is pressure on him, and I think that will be the case in this game. Plus, the Lions secondary is nothing to write home about... I think Favre and the passing game will go wild against the Lions.

Colts (-11.5) over Falcons
The Colts have to be better than they showed the last 2 weeks, right? Peyton Manning has been really bad, which is not a trend I expect to continue.

Last Week: 7-7-2
Season: 73-76-10

Handicapping the Heisman

Hello everyone out there in Blog land. Twins is swamped lately with homework and the like, so in his place I'm writing a little guest post. If you're a regular to this blog or to The Sports Flow, you've probably seen my (hopefully) excellent comments on their blogs. I've tried my hand at a couple of blogs, but apparently a regular gig isn't my thing. But anyways I digress. This year's college football season has been topsy turvy all around, and this has obviously impacted the Heisman race. Since I'm all about uneven numbers, I'm going to do a top 6 list.

6. Chase Daniel, QB, Missouri

Right now Daniel has a lot of hype, and with big wins over Kansas and either Oklahoma or Texas in the Big 12 championship game, Daniel can certainly shoot up to the top of the list. Daniel has thrown for 3,590 yards and 30 touchdowns with just 9 picks. As good as Daniel's stats are, I have a tough time putting him higher on the list when he isn't even the most talented player on his own team, that being Freshman wideout Jeremy Maclin

5. Darren McFadden, RB, Arkansas

Many people's preseason #1, McFadden is probably the best pro prospect in college football. 5th in the nation in rushing, McFadden has shared time with Felix Jones all year. He does have 12 touchdowns but McFadden has been hurt-fairly or not- by Arkansas losing 4 games this year. Only rushing for 43 yards against Auburn and 61 against Florida International probably didn't help either

4. Aqib Talib, CB, Kansas

I know what youre thinking: a cornerback? Yes a cornerback. In fact, Talib should probably be even higher. Check out these stats: 4 touchdowns, 10.8 yards per catch, 8 interceptions, 1 sack. Not bad right? Well those arent Talib's stats. They belong to 1997 Heisman Trophy Winner Charles Woodson. Talib's are even better. Talib has 22.8 yards per catch, with 4 touchdowns, plus an interception return for a touchdown, which Woodson didn't have. Talib only has 3 picks this year, because no quarterback in his right mind will throw the ball his way. Talib dominates the game more- yes more- than Charles Woodson did in his Heisman season.

3. Dennis Dixon, QB, Oregon

Without his knee problems this season Dixon would probably be #1 on the list. Dixon's run pass ability is something to be marveled at, and the way he leads the Ducks spread offense makes him one of the great players to watch. Ironically, one of his best passing games came in the Ducks first loss, to Cal back on September 29th. Only one game has been a truly poor rushing game for Dixon, when he ran for just 8 yards against Stanford, but he threw for 374 in that game. Sadly, with Dixon's injury combining with the Ducks' exclusion from the BCS title race he will fall short of the Heisman.

2. Todd Reesing, QB, Kansas

Undoubtedly the darkhorse of the chase. Why in the world has no one talked about Todd Reesing? The Sophomore from Austin, Texas has thrown for under 3,000 yards, but he has 33 touchdowns compared to just 4 picks, good for a 156 rating. Kansas leads the nation in turnover ratio, and Reesing is a huge part of that. Just 5'11", Reesing's escapability has proven to be a valuable asset, although he only has 1 rushing touchdown on the season. He was hobbled by a sore ankle in the Iowa State game but still led the Jayhawks to a 45-7 win. With two more wins, Reesing could vault himself into serious Heisman consideration.

1. Tim Tebow, QB, Florida

A Freshman or Sophomore has never won the Heisman. Both of my top two are Sophomores. Why? Well for starters, Tebow is the only player in 1-A (No I will not call it the FBS) history to both rush and throw for 20 scores in a season. He also just moved passed, among others, Shaun Alexander on the career SEC rushing TD's list. It remains to be seen how Tebow projects as a professional, but he leads the defending champs in both rushing and passing. He's thrown more picks than Reesing, but only 2 more, and they have nearly the same amount of yards. Combine that with the pass/run threat that Tebow possesses and he is 2007's best college football player.

ZIDANE 2 - RONALDO 2 - FRIENDLY PLAYED AT MALAGA AGAINST POVERTY

A friendly game of ex & current football stars along with celebraties,including Michael Schumacher & Spanish golfer Sergio Garcia, joinedtogether to divide up in two teams Captained by Zinedine Zidane &Milan forward Ronaldo to raise funds against poverty. The game wasplayed in Malaga (Spain) & finished a respectable 2-2. Lots of fun & simple entertainment with humourous moments, all for a good

FC BARCELONA NEWS

According to local daily "Marca", FC BARCELONA has signnedBAYERN MUNICH versatile young defensive winger PHILLIPLAHM, who will be available when his contract expires in June2009.The player could come next season if Bayern lowers its 15M€ pricetag, which Barça considers too high. It´s in Bayern´s interest to sell orelse the player will be free of charge in 2009.News from English media ( "People")

What are the chances...

... that Bill Belicheck said something like this to Tom Brady and Randy Moss?

"Terrell Owens had 4 TD's today... let's see if we can get Randy at least 5."

Through one half - 8 catches, 112 yards, 4 TD. Wow.

EURO 2008: VIDEO HIGHLIGHT OF SPAIN 3 - SWEDEN 0

In case you missed SPAIN´s 3-0 victory over SWEDEN last night,here is the VIDEO of the goals.

DAVID FERRER WORTHY RUNNER UP AT SHANGHAI MASTERS

The Spaniard´s dream run ended against ROGER FEDERER in thefinal of the Shanghai Masters Final. DAVID FERRER lost in 3 straightsets 6-2, 6-3, 6-2 to the Swiss, who was absolutely in top flight.However, its been a fabulous tournament for the Spaniard who wonthe same games a Federer but just could´nt win in the important lastclash. SFS is sure we will see Ferrer in the future clinch someimportant

EURO 2008: SPAIN QUALIFIES & GRABS GROUP TOP SPOT

SPAIN grabs its Group top spot with a 2 point advantage overSWEDEN after its 3-0 victory tonight the secures its pass ontothe final stage of next years Euro 2008 tournament.Its been a hard slog with difficulties & plenty of hard criticism along the way, but coach Aragones & Spain slowly got its gametogether in the important final long stretch.It was a game dominated by Spain, & they could have

SPANISH BASED ARGENTINE PLAYERS KEY FOR ARGENTINA

ARGENTINA continues leading the South American qualifier table forthe next World Cup, after deafeating 3-0 BOLIVIA.Spanish based Argentine players were key in the victory, such as Atleticode Madrid player SERGIO AGUERO & Villareal player RIQUELMEThe 1º half was a slow paced & evened affair until Aguero scoredin the 40th min.However , the 2º half was all Argentina & Riquelme turned on themagic,

SI.com Column on O.J. Simpson Trial

I've published a new column on Sports Illustrated.com on O.J. Simpson facing charges for kidnapping and robbery. The column is entitled "Breaking Down the O.J. Trial."

Yesterday, a judge ruled that prosecutors had established probable cause for the charges, which may lead to a trial. I discuss the prospects for a trial, the quality of the evidence, and ways in which Simpson's attorneys can attack the credibility of his former associates who are now testifying against him.

I hope you have a chance to read the piece.

EURO 2008 SPAIN - SWEDEN. SWEDES SUPPORT THEIR NATIONAL TEAM IN A CORDIAL MANNER

SFS went shopping today through central Madrid & passed through thefamous "Plaza Mayor" & took these two mobile shots of Swedish fansstarting up their engines before tonights Spain vs Sweden Euro 2008group match.In fact, the Swedes were all over Madrid chanting , singing & acting ina cordial & friendly manner. Have to add that they gave the city lots of colour & life. Lets hope it stays that way,

Barry Bonds, the Home Run Record, and the Hall of Fame

Thursday's indictment of Barry Bonds on four counts of perjury and one count of obstruction of justice, arising from his allegedly false grand-jury testimony about his steroid use, squarely presents evidence that Bonds did indeed use performance-enhancing drugs. Bonds's statements denying steroid use only can be perjury if there is evidence that he did use steroids. The criminal process will play itself out moving forward.

But there also is the question of Commissioner Bud Selig imposing punishment within the sub-society of Major League Baseball--if it should punish, when it should punish, and how it should punish.

If: The question of whether MLB can punish Bonds for steroid use is somewhat murky. It is not clear whether steroid use was against Major League Rules during the time-frame at issue, roughly 2001-2003. There definitely was no testing for steroids then. On the other hand, steroid use was against federal law. Major League Rule 21(f) prohibits "any and all other acts, transactions, practices or conduct not . . . in the best interests of Baseball." Selig could decide that using illegal performance-enhancing drugs is conduct adverse to the best interests of baseball and punish him accordingly. It also is likely that the Major League Baseball Players Association will contest any league-imposed punishment and appeal any punishment to a labor arbitrator. This actually might present a nice test of the scope of the commissioner's "Best-Interest" power and how it is or might be limited by the CBA.

When: This is the question of whether Selig should suspend, ban, or otherwise punish Bonds now, in light of the indictment, or wait until the criminal process has played out. An indictment obviously is not a conviction and Bonds could well be acquitted, making any punishment now look like a rush to judgment. And a suspension now, pending resolution of the prosecution, likely ends Bonds's career. He is 43; if he is acquitted a year from now and Selig lifts the suspension, his next opportunity to play will be in 2009, when he will be almost 45.

On the other hand, the indictment does mean there is some evidence that Bonds used steroids (the indictment mentions a positive drug test, although it is ambiguous whether the indictment was referring to Bonds or another player at that point). And Selig can impose baseball-related punishment on proof less than beyond-a-reasonable-doubt. Thus, even if Bonds is acquitted of perjury, Selig still could decide there is sufficient evidence that Bonds used steroids and should be punished within the game, such as with a permanent suspension. Historically, this is what happened with the members of the Black Sox who threw the 1919 World Series. The eight players were acquitted (surprise--a Chicago jury would not convict White Sox players), but new Commissioner Kenesaw Mountain Landis banned the players for life anyway.

How: There are two obvious targets for baseball punishment. One is Bonds's possession of a number of historical records, including the two most-hallowed batting records--single-season home runs with 73 in 2002 and career home runs, currently with 762. The other is Bonds's selection into the National Baseball Hall of Fame.

There may be a temptation to strip Bonds of his records in recognition of the fact that he essentially achieved them by cheating--either by erasing his name from the top of the record book or by placing the dreaded asterisk next to his name. I previously have explained why I do not like asterisks. But I similarly reject stripping Bonds of the records. It smacks too much of rewriting history--of creating a "true" (but not accurate) historical record by eliminating from society's official story the enemies of the state, those who have run afoul of those in power. Even in something as (relatively) insignificant as professional sports, a respect for historical truth is important. Better to let the record show both what Bonds achieved and the way he achieved it and to let history judge. If MLB wants to introduce Henry Aaron as the "Real Home Run King" at all official events, fine--so long as the record book remains accurate.

As to the Hall of Fame, I discussed Bonds and the Hall last year, when reports first surfaced that grand jury testimony indicated that Bonds had used steroids and/or perjured himself. But this is a future issue. A player must have ceased playing five calendar years prior to selection, so if Bonds is done playing now, he would first be on the ballot in 2013.

Bonds's eligibility for the Hall of Fame actually depends somewhat on what Selig does. MLB does not control Hall of Fame selection or induction. But HOF Rule 3(E) provides that "[a]ny player on Baseball's ineligible list shall not be an eligible candidate." So if Selig bans Bonds, Bonds is ineligible for election. Indeed, Selig might impose a ban for that reason, since denying Hall election may be the only way that Baseball could meaningfully sanction him for this misconduct (assuming Bonds is done playing). If Bonds is not suspended or banned, voters still consider "the player's record, playing ability, integrity, sportsmanship, character, and contributions to the team(s) on which the player played" in deciding whether to select a player for the Hall; cheating could weigh into the balance on Bonds's sportsmanship and character. Suspicion of steroid use has kept, or likely will keep out, several other players, including Mark McGwire and Rafael Palmiero. But Bonds's Hall credentials are much stronger than either of those players; Bonds arguably is one of the three best players of his generation. It will be interesting to see how this new evidence of steroid use plays into the voters' calculus in the years to come.

(Cross-Posted at PrawfsBlawg)

Web Casts from Reversing Field

As detailed on these pages previously, Reversing Field: Examining Commercialization, Labor and Race in 21st Century Sports Law was held at the West Virginia University College of Law on October 4-5, 2007. Several Sports Law Blog contributers were panelists at the event, including Joe Rosen, Mike McCann and Andre Smith.

All panels and keynote speakers were captured on webcast and are now available for viewing in full. Keynote speakers included Len Elmore (speaking about race and sports), Ken Shropshire (describing the life of Sugar Ray Robinson), Bill Gould (discussing current labor issues in professional sports) and Bernard Franklin (describing the current state of the ncaa). Each keynote speech can be viewed in its entirety by visiting this webcast or by copying this link into your browser:

http://www.law.wvu.edu/reversingfield/reversing_field_webcasts

In addition, each of the panel presentations was captured and all are now available on webcast. Panels included:

Panel I: Commercialization: The Buying and Selling of the College Athlete (featuring Gordon Hylton, Alfred Mathewson and Lisa Pike Masteralexis);

Panel II: Racing From the Past: Examining Racism in Collegiate Athletics (featuring Dana Brooks, Michael McCann and coach Marlon LeBlanc);

Panel III: Professional Equality: The Rooney Rule (featuring Cyrus Mehri, Jeremi Duru, Floyd Keith and Ken Shropshire);

Panel IV: Finding Equal Footing: Gender Issues in Sports (featuring Barbara Osborne, Daniel Malasky and Deborah Brake);

Panel V: False/Positives: Debating the Merits of Drug Testing (featuring David Cornwell, Timothy Davis, Dr. Julian Bailes, and Kevin Kostco);

Panel VI: Balls or Strikes: Are Economic Weapons Finding the Zone (featuring William Gould, Joseph Rosen, Dennis Walsh and Daniel Silverman); and

Panel VII: Reversing Field: Purposeful Progress (featuring Sherri Burr, Andre Smith, Anne Lofaso and andre douglas pond cummings).

all of the panels can be viewed in their entirety at this link or by copying the following into your browser:

http://www.law.wvu.edu/reversingfield/reversing_field_webcasts

Copies of DVDs are available by contacting the West Virginia University College of Law.

EUROPEAN U/21 CHAMPIONSHIPS: SPAIN 3 - POLAND 0

SPAIN needed to win tonight against POLAND in order to keep upwith Group 4 leader Russia, & it did winning 3-0 & placing itselfequal Group leader with the Russians.The struggle is to ensure the direct qualification for the 2009European U/21 Championships in Sweden.Poland were a worthy side & played well matching the Spaniards ontheir home turf until an unfortunate own goal by GLIK in the 40minput

REAL MADRID NEWS. AN AMERICAN IN MADRID?

His name is JOZY ALTIDORE, he is American & is the 18 yearold star forward for the NEW YORK RED BULLS in the MejorSoccer League (MSL).According to Spanish sports paper "AS", Real Madrid is followingthe youngster & may have him on their list for next season. The fact isthat Real Madrid directives flew to New York to watch the player inaction.Real Madrid is following a clear strategy: they are

Steroids, Baseball, and Truth and Reconciliation

Earlier this week, I was interviewed by Jerry Crasnick at ESPN for a piece on the ever-looming release of the Mitchell Commission Report, what it might prompt MLB and/or individual teams to do to any players named in the report, and the effect that might have on this winter's free-agent market. The story is not up yet, but I will link to it when it is.

During the interview, Crasnick asked whether Commissioner Bud Selig might decide to do nothing in response to the Report--perhaps in a show of mercy and amnesty or perhaps in recognition of the difficulties of punishing any players under MLB rules, under the collective bargaining agreement, and under the terms of individual player contracts. Mike previously offered his thoughts on some of these issues.

My first thought was that if Selig did nothing, he would be eviscerated for waging a phony investigation, for turning Mitchell loose to make MLB look like it was doing something about steroids, giving Selig a PR boost, when in reality it was a meaningless exercise. Alternatively, Selig would be eviscerated for starting an investigation to do nothing more than embarrass individual players named in the Report. But I think this may have been too hasty a view.

Instead, perhaps we can think of the Mitchell Commission as baseball's version of a Truth and Reconciliation Commission. This is a particular type of legal/political process that investigates, takes evidence, and attempts to reveal the facts and story about past and historical events in a society, but not with an eye towards either punishing wrongdoers or compensating victims. Rather it is for the purpose of discovering historical "truth," setting the historical record straight, and "reconciling" the society to its past as it moves forward. The most famous and successful of these was the Commission established in South Africa to investigate Apartheid. Closer to home was the 2005 Commission that investigated the Greensboro Massacre, the 1979 racially charged killing of five union protesters by a group of Klansmen (while the police did nothing to intervene) in Greensboro, N.C.

Perhaps the Mitchell Report will serve the same function, even if no players are in any way sanctioned. It will set straight the historical record about baseball from 1994 until 2005 by providing evidence and revealing the "truth" as to who was doing what with respect to performance-enhancing drugs. This record enables us to evaluate this era and decide what we should make of the records and accomplishments of the players and teams. This can affect how historians and fans think and write about the game and the players. It affects how writers place players of the era in historical discussions of all-time best players and teams. Perhaps it affects how individual Hall-of-Fame voters cast their ballots. It may have the effect of placing an unofficial asterisk by some records, so long as it is not official. If the Commission gives us that, even if no one is punished, maybe it will not have been a meaningless exercise.

SI.com Column on Barry Bonds Indictment

Howard noted the Bonds indictment yesterday, and last night I published a column on Sports Illustrated.com on the topic.

I examine the grand jury indictment, prospects for a plea bargain, and how, if there is a trial, Bonds might attempt to show that he did not commit perjury or obstruction of justice.

I hope you have a chance to read the piece.

EURO 2008: SPAIN GEARING UP FOR TOMORROWS SWEDEN CLASH

SPAIN is fine tuning itself for its EURO 2008 clash against Groupleaders SWEDEN tomorrow at the mitical "Santiago Bernabeu"Stadium in Madrid.Spain just needs to grab 1º point to secure its qualification for nextyears Euro tournament. The road has been difficult & at times it lookeddismal, but now Spain has the opportunity to reach its goal.(Villa & Cesc training yesterady)However, Spain will want

NFL Picks Against the Spread 2007: Week 11

Hectic week... I'm sorry. Again, just my quick picks.

Bengals (-3) over Cardinals

Browns (-3) over Ravens

Cowboys (-10.5) over Redskins

Panthers (+9.5) over Packers

Saints (+1.5) over Texans

Chiefs (+14.5) over Colts

Chargers (+3) over Jaguars

Vikings (-5) over Raiders

Patriots (-16) over Bills

Giants (-3) over Lions
(That one is for you Bryan!)

Eagles (-10) over Dolphins

Jets (+9.5) over Steelers

Bears (+5.5) over Seahawks

Rams (-3) over 49ers

Bucs (-3) over Falcons

Titans (+2) over Broncos

Last Week: 8-5-1
Season: 66-69-8

Bonds Indicted . . .

on perjury and obstruction of justice. ESPN reports here; a Bay-area TV station reports here.

Update: Thursday, 6:00 p.m. C.S.T.: The indictment is here.

Update # 2: Friday, 7:30 a.m. C.S.T.:

Mike Dorf on why any conviction, standing alone without reference to the subject of the conviction (that Bonds used performance-enhancing drugs) should not be enough to keep him out of the Hall of Fame or to warrant stripping him of the career home run record.

NEW LOOK SPANISH NATIONAL TEAM

A German Sportswear multinational has extened its contract with theSpanish Football Federation until 2014, & that has prompted thatthe Spanish National side dress up in a new look uniform & a newnational logo... (Sergio Ramos & the new national logo)(Closer picture of the new outfits)Great excuse to give & hang for all the SFS readers their request to havean image of the lastest Spanish National

Toledo Law Grad Chosen as Executive Director of NHLPA

I'm a few weeks late on this, but I wanted to extend my congratulations to Paul V. Kelly, a graduate of the University of Toledo College of Law, who last month was selected as the Executive Director of the National Hockey League Players Association. The NHLPA's press releases are here and here.

Kelly attended Boston College before earning his law degree at Toledo. He practiced law at the Boston firms of Ropes & Gray, Foley Hoag, and his own firm, Kelly, Libby & Hoopes. He also served as an Assistant U.S. Attorney, which seems to be where he got his first exposure to professional hockey. Kelly was the lead prosecutor in the federal case against Alan Eagleson, the disgraced former Executive Director of the union.

Kelly's NHL experience also includes representation of players -- including Marty McSorley -- in civil and criminal matters.

Kelly will no doubt play an important role in shaping the future of the NHL, helping decide whether the league remains relevant and recovers from the labor strife of the last decade.

FC BARCELONA NEWS

This man is again in the news. Spanish daily "Sport" highlight thenews that CHELSEA FC has decided to make an all out effort tocontract the services of FC BARCELONA star RONALDINHO.The sweet music is sounding at a tune of 60M€, & some local sources(media commentators) suggest that Barça ( or at least some of its topdirectives ) may accept the offer. Another thing is if Ronaldinho wishesto go &

TOTTENHAM HOTSPURS WILLING TO PAY 40M€ FOR IKER CASILLAS

Spanish daily "El Mundo" has hang on its web that English PremierLeague club TOTTENHAM HOTSPURS is willing to make an offerto REAL MADRID goalkeeper IKER CASILLAS worth 40M€.New Spanish coach Juande Ramos is already thinking long-term &considers Iker a vital piece for his "new" side. A difficult wish as Casillasrejected a Manchester Utd offer two years ago & said he wishes toretire at Real Madrid

SPANISH CUP: WEDNESDAY NIGHT RESULTS

SFS made a slip last night on the below SPANISH CUP post. Its true that there are 32 teams left & that 3 matches were played lastnight, however, not all the remaining games were played tonight, asthere are a list of games for the 12/12 & 19/12 which SFS will putbelow. Tonight will will now resume 6 games played tonight.LEVANTE played ALMERIA & won 2-1. The player of the match wasRIGA ( pictured)

What Constitutes Collusion?

The free agent "meat market" officially began at midnight on Monday. Sean Gregory has an interesting piece in today's edition of Time Magazine on the announcement made by the MLBPA late last week that it is investigating possible collusive activity during the general managers' meetings (A-Rod's Salary: Watching for Collusion). Gregory explains the impetus for the union's concern:

For one, during baseball's general managers' meetings in Orlando last week, Theo Epstein of the Boston Red Sox and Larry Beinfast of Florida Marlins introduced a new element to the gathering. The GMs assembled in one room and each stated what their off-season priorities were, and who might be available in trades. To the execs, it was an efficient way to horse-trade information that they typically would share in various time-consuming, one-on-one conversations. Some teams spoke in general terms, others got a little more specific, Major League Baseball insists it was not a conspiracy meeting.
....
Several press reports have also suggested that Commissioner Bud Selig — angry about both the scope of A-Rod's free agent demands and the timing of the opt-out from his New York Yankee contract (during the waning moments of this year's World Series, thus overshadowing the sport's signature event) — could be working the back rooms to keep A-Rod from scoring another pay raise.
....
And when talking about A-Rod's hefty demands, outgoing Atlanta Braves general manager John Schuerholz told a radio interviewer: "I think it's obnoxious. I admire and respect Alex Rodriguez as much as any ballplayer that has played the game. But for someone to suggest that this is a valid salary level for a professional athlete, no matter what kind of voodoo economics they can do in analyzing the books of MLB, it's absolutely asinine. It only takes one team to have the wherewithal with that player, and then that player and his representatives think 'Well, this is what the market value is.' It's crazy, and so is that level of compensation." Was Schuerholz, who will relinquish his GM duties but stay on as Atlanta's team president, just taking a parting shot at Rodriguez? Or was he sending his colleagues a not-so-subtle signal to stick it to A-Rod. At least one National League GM, who did not want to be identified, expressed support for Schuerholz's sentiments. "We're about team building, not individual players," he says. "The Texas Rangers could talk volumes about how that [deal] worked out."

So what constitutes collusion? Gregory interviewed me for the story, and he and I spoke about this issue at length. The prohibition on collusion regarding free agents arises from the collective bargaining agreement, which simply provides: "The utilization or non-utilization of rights under this Article...is an individual matter to be determined solely by each Player and each Club for his or its own benefit. Players shall not act in concert with other Players and Clubs shall not act in concert with other Clubs."

I think when you have all of the general managers together in one location in meetings at the same time in which the highest paid and most sought after free agent is available in the market, there are bound to be concerns regarding collusion. To establish a collusion claim, however, it would require fairly strong evidence that two or more teams were discussing in specific terms how much they would be willing to spend on a particular player or players generally. Discussions regarding team philosophies, priorities and overall objectives do not rise to the level of collusion. But there is somewhat of a thin line between information that teams can and cannot discuss, and it can also turn on which particular teams are having the discussions. Suppose one team says to another, "we're not in the market for what A-Rod wants". If the Pirates say it to the Devil Rays, it really isn't too concerning because neither team is in the market for A-Rod. The analysis obviously changes if the Yankees say it to the Red Sox.

In the collusion case from the mid 1980s that resulted in a $280M settlement in favor of the players, the arbitrator noted evidence that, during off-season management meetings, clubs were warned to exercise self-discipline in making operation decisions and to resist temptations to give in to unreasonable demands of players. Clubs were also warned that rash moves to add free agents in hopes of a pennant resulted in negative financial results for clubs. Also, club representatives stated their intent to avoid long-term contracts in response to a poll conducted by the commissioner, and the commissioner repeatedly expressed concerns regarding the financial commitment made by the clubs under "dumb" long-term contracts.

The arbitrator's decision establishes two important points about collusion. First, collusion doesn't require a "common agreement" among the clubs to suppress player salaries. The arbitration panel found that "the distillation of the message of these meetings" resulted in a situation by which the "right of the clubs to participate in the free agency provisions of the [CBA] no longer remained an individual matter to be determined solely for the benefit of each club." Second, the case demonstrates the important distinction between teams discussing in general terms their philosophies, priorities and overall objectives vs. more specific discussions regarding financial matters pertaining to the signing of free agents.

But what about when general managers make specific statements in the press regarding their intentions of not signing particular free agents? As Gregory puts it, was Schuerholz "sending his colleagues a not-so-subtle signal to stick it to A-Rod?" In other words, can the media be used as a vehicle to engage in collusion? We know that collusion can fall short of an agreement to suppress salaries. Where is the line drawn between permissible team discussions and illegal collusion?

ATLETICO DE MADRID NEWS

Spanish daily "Marca" give two news pieces concerning ATLETICODE MADRID today, one concerning QUARESMA & the otherconcerning JOHN HEITINGA of Ajax of Amsterdam.According to cited paper, Portugues International QUARESMA is tryingto "break" the agreement that his agent has with Atletico as a 1º optionbuy. The day after Atletico President Cerezo announced that Quaresmawas still a possibility for the

FC BARCELONA NEWS

According to "Sport", FC BARCELONA has set its eyes on PortuguesInternational & JUVENTUS "defensive" midfielder TIAGO, & maymake a move in the upcoming "Winter market".Tiago who was signned this year from Olympique de Lyon, is nothaving such a grand season as expected at Juventus as coach Ranieriis not counting on him as expected. This may open the door for Tiago.FC Barcelona are concerned that

SPANISH CUP: FINAL 32 TEAMS. TUESDAY GAMES RESULTS

The SPANISH CUP has entered into the final 32 team stage, werethe big 1º Division teams make their appearance & face the toughlower sides.Here the beautiful play & skill gets equalized by the practical &straight to the point football of the lower division sides, thus creating many surprise results & early knock outs of bigger named teams.Tonight 6 teams played the away leg , with the rest of the

AGUERO BEST U/21 PLAYER IN THE WORLD & 15 YEAR OLD COUTINHO NEW FIND FOR REAL MADRID

Italian media "Tuttosport" has elected ATLETICO DE MADRID Argentine forward SERGIO AGUERO as the "Best U/21 player" inthe World, with its "Golden Boy Award".Arguero is having a grand season winning the U/20 World title withArgentina & already has 7 goals in the Spanish league & another 5 goalsin European competition.Staying with youngsters, REAL MADRID has "discovered" the next bigthing in

NBA 2K8 Review

A couple of weeks back I got an email asking me if I wanted to receive a copy of NBA 2K8 for XBox 360 in order to review it on this blog. Being a big fan of the 2K series, I quickly said yes. Over the past weekend I got a chance to really play it.

As expected, I was impressed. I really enjoyed NBA 2K7, and I found much the same in 2K8 but with some noticeable improvements. But first, let me mention that as always the franchise mode is very deep and fun. You can have multiple human players, which is something I absolutely love. Also, as usual there is scouting, the draft, free agents, development, etc. You can really immerse yourself into it for a very fun franchise experience.

Some of the things I noticed were some of the great graphics and animations during gameplay. The faces look excellent. The player mannerisms and unique styles are there. As a Sixers fan I played with Philadelphia for the most part, and I noticed the shooting styles of guys like Kyle Korver, Andre Iguodala, and Rodney Carney looked a lot like their real-life counterparts, which is awesome.

Another thing I noticed during gameplay was the improved post play. In past game it seemed like all you could do was back your man down and shoot a hook shot. No more. You can do fadeaways, hooks, turn and shoot, fakes, etc. It's really an improvement and an area I enjoy.

Another small thing I liked was some of the player animations. After a guy makes a basket and gets a foul called against him, they will go and high-five teammates or give them a chest bump. That added realism is a nice touch.

So all in all, I really enjoyed this game (and the soundtrack and t-shirt that I also received!)... if you are in the market for an NBA video game, much like last year I recommend the NBA 2K series. The game isn't perfect, but I think you'll have a lot of fun with NBA 2K8.

SI.com Column on Legal Implications of the Mitchell Report

I have a new column on Sports Illustrated.com entitled "Implications of the Mitchell Report."

It evaluates the private nature of the report and examines potential outcomes for those who are named in it, including potential punishment by Commissioner Bud Selig (a topic Rick blogged about here), having their contracts attempted to be voided by their teams, and, if any players are erroneously named, their potential to bring libel lawsuits against Major League Baseball.

I hope you have a chance to read the piece.

SPANISH FOOTBALL - LA LIGA 2007 /08 - ROUND 12 - LUIS FABIANO LEADS GOAL SCORING TABLE

As the Spanish 1º Division takes a break until the 24th of Novemberdue to the International match calender, SEVILLA FC forward LUISFABIANO is the current leading goal scorer after 12 Rounds playedof "La Liga". Spanish Laegue Top Scorers after 12 Rounds:1. Luis Fabiano ( Sevilla FC) - 8 goals (pictured)2. Dani Guiza ( Mallorca) - 7 goals3. Sergio Aguero ( At. Madrid) - 7 goals4. Rossi ( Villareal