More Amicus Briefs in American Needle v. NFL

Last Tuesday was the deadline for amicus curiae briefs supporting the NFL in American Needle v. NFL. A number of supporting briefs were filed with the Supreme Court, and are now available for download:

• A brief by the National Hockey League, available here.
• A brief by the National Basketball Association and NBA Properties, available here.
• A brief by the NCAA, available here.
• A brief by the ATP Tour, WTA Tour, Major League Soccer, and NASCAR, available here.
• A brief by various economists in support of the NFL, available here.
• A brief by Visa and Mastercard, available here.
• A brief by Electronics Arts, Inc., available here.
• A brief by VF Imagewear, Inc., available here.

Unfortunately, a copy of the NFL's brief has still not been made publicly available for downloading, as far as I have been able to discern. However, the brief is now available on LexisNexis, for those with access to its Supreme Court briefs database.

Tiger Woods Brings to Light the Privacy Rights of Public Figures

Eric Zorn of the Chicago Tribune wrote an interesting post titled, Up in Tiger's Business: Is it Our Right to Know? Zorn writes that many of us may want to know what precipitated the weird, low-speed crash outside Tiger Woods' home very early Saturday. But he raises the question whether we have the informal right to know. Zorn makes an excellent point:

The implicit bargain of modern celebrity is that it's a battle between the image makers and the image wreckers -- the celebrity is no longer able to draw lines between public and private that the public will respect.

With athletes this is less true than with, say, actors. Tiger Woods' ability to earn millions of dollars in tournament prize money every year is not dependent on what you or anyone else thinks of him. For the most part he has avoided making his private life public and kept the journalistic focus on matters related to golf. His endorsement deals trade on his enormous talent and legendary focus on the links, not on whether or not he's a jolly paterfamilias.

Zorn is articulating in layman's terms the legal test that I propose (in my article Tort Law and Journalism Ethics) for public disclosure of private facts claims involving public figures, which I discussed in my post last week.

The Give Blog

University of Illinois Law Professor Suja Thomas, who teaches sports law, and her husband Scott have created the Give Blog, where up until December 24th they will match donations of up to $100 from new donors to five charities (The Hunger Project, The Grameen Foundation, Safe Passage, Catcholic Charities USA, and Eastern Illinois Foodbank). If you're interested in contributing to any of these five charities during this holiday season, please consider doing so through the Give Blog, as Suja and Scott will match the amount if you are a new donor. For more information, click here.

Super Human Strength

Super Human Strength

This is pretty crazy body control, if only!!




And for a 71 year Old - amazing. Let's hope we're in this kinda shape at that age!

Purposeful Primitive

Purposeful Primitive

If you're on the look out for a great christmas present to give to a strength and fitness loving friend or family member then you really should take a look at Purposeful Primitive
Got the book the other day and I must say it's a top read. Haven't read a book like this in a long time. It starts off with training programs, stories and a strip down of the training of 10 strength legends from Paul Anderson to Hugh Cassidy and breaks them down into usable formats for mere mortals.

Not only that but there some great sections on nutrition, fitness and mindset along with some fantastic srength and endurance stories along the way.

It's the kind of book you'll learn somethingfrom everytime you pick it up!


Check out the awesome book Purposeful Primitive at Amazon



The author of the book, Marty Gallagher has a section in the book entitled Progressive Pulls for posterior chain power. He has re-written this section over at Dragondoor here

2010 AALS Sports and the Law Section Meeting and Panel

For those of you attending the Association of American Law Schools' 2010 annual meeting in New Orleans in January, Villanova Law Professor David Caudill, the Chair of the AALS Section on Sports and the Law, invites you to attend this year's section meeting and panel, which will be held from 1:30 to 3:15 p.m in the Elmwood Room (3rd Floor) of the Hilton New Orleans Riverside.

Below are details on the section's events:

* * *

THE TOPIC: THE NEW NFL/NFLPA COLLECTIVE BARGAINING AGREEMENT: AVOIDING A CATASTROPHE?

OVERVIEW: When the NFL opted out of the current collective bargaining agreement with the NFLPA, the stage was set for contentious negotiations during the 2009 season and potentially beyond. A labor-related stoppage or lockout could result from a failure to come to terms. The topic for this year’s sports law panel will be the present state of labor negotiations within the NFL. The NFL owners will likely predict an economic crisis if the players make unreasonable demands in terms of percentage of revenue, salary cap, bonus provisions, and the rookie wage scale, while the players’ union will likely claim that the owners never had it so good. Perhaps the real Super Bowl for sports lawyers will take place around the bargaining table this year.

PROGRAM: To open the program, Professor Robert H. Topel, the Isidore Brown and Gladys J. Brown Professor in Urban and Labor Economics at the University of Chicago’s Booth School of Business, will discuss his controversial study (co-authored with Chicago colleague Professor Kevin Murphy), on behalf of the NFLPA, of the economics of the NFL. What was the NFL’s response to the study? Has the recession altered any of the conclusions of that study?

Next, three law professors will address various aspects of the NFL/NFLPA labor controversy:

Professor Emeritus Bob Berry (Boston College): “Show Me the Money Revisited: The Current NFL Labor Conundrums”.

In the past, dating from the 1960s to the 1990s, NFL labor confrontations often concentrated on player mobility issues. The draft, free agency and free agent compensation were contentious issues, resulting in work stoppages on more than one occasion. This year is different, or seems to be. Pure economic issues appear to be largely the basis of the current negotiations. The question is, however, whether anything has really changed. Has it always been about the money? An even more basic issue is why at this time there is already talk of a lockout and a possible attempt at union decertification. While all these are brewing, we might as well revisit possible antitrust issues under the labor exemption.

Professor Matt Mitten (Marquette): “Drug testing and Sports Medicine Issues in NFL Collective Bargaining: A Proposed Quid Pro Quo.”

Specific issues to be discussed: (1) NFL clubs’ characterization of team physicians as “employees” in effort to bar players’ medical malpractice claims by the worker’s compensation co-employee doctrine; and (2) the 8th Circuit’s recent Williams v NFL decision, which permits the NFL’s collectively bargained drug testing policy to be challenged on the ground it violates Minnesota state law.

Professor Jeff Standen (Willamette): “American Needle and the Threat of Union Decertification”

This paper argues that the American Needle case currently pending before the U.S. Supreme Court will impact heavily on the upcoming labor negotiations. If the NFL prevails in its argument that the league constitutes a "single entity" for all or certain legal purposes, then a chief NFLPA bargaining tactic, the threat of union decertification, would be unavailable. Decertifying the players union arguably strips the NFL's bargaining agent of its non-statutory labor exemption and exposes the league to antitrust liability. If the NFL, however, is characterized by the Supreme Court as a single entity, then the league would be effectively immune from antitrust claims. The paper suggests that the Court should adopt a nuanced perspective on the single entity theory in order to preserve the ability of the union to resort to judicial redress.

* * *

It should be a great event and I look forward to attending.

The Free Agents and Important December Deadlines

Last week, 171 players filed for free agency by the November 19 deadline. Of that group, there are 23 Type A free agents and 49 Type B free agents. John Grabow, a Type A free agent, and the Chicago Cubs have already agreed to a new 2-year, $7,500,000 deal. Now the December 1 and December 7 deadlines are quickly approaching. The teams have until December 1 to offer arbitration to protect their right to receive compensation if the player accepts a deal with another team. The December 7 deadline is the last date that a player can agree to accept an offer of arbitration from his former team. If the arbitration agreement is offered and accepted, the team and player will either work out an agreement on salary or proceed into the arbitration process that can involve the exchange of figures and a hearing.

Two players, Darren Oliver and David Weathers, agreed to accept arbitration offers last year. Oliver is a Type A free agent this off-season. Weathers moved from the Reds to the Brewers during the season, and he is a Type B free agent this year.

Two more important December events are the Winter Meetings in Indianapolis from December 7-10, and the tender deadline of Saturday, December 12. As I mentioned in an earlier post, there is some thought that many arbitration-eligible players will not be tendered, thus, increasing the number of free agents on the market. Recently, Scott Boras questioned the financial situation in baseball and wondered about teams that maintain really low budgets in the face of the current revenue stream from the centrally shared resources. It could be a really interesting off-season.

Here is the list of Type A and Type B free agents:

Type A

Jason Bay (Boston - OF), Rafael Betancourt (Colorado - RP), Orlando Cabrera (Minnesota - SS), Johnny Damon (New York Yankees - OF), Octavio Dotel (Chicago White Sox - RP), Jermaine Dye (Chicago White Sox - OF), Chone Figgins (Los Angeles Angels of Anaheim - 3B), Mike Gonzalez (Atlanta - RP), John Grabow (Chicago Cubs - RP), Kevin Gregg (Chicago Cubs - RP), LaTroy Hawkins (Houston - RP), Matt Holliday (St. Louis - OF), Orlando Hudson (Los Angeles Dodgers - 2B), John Lackey (Los Angeles Angels of Anaheim - SP), Bengie Molina (San Francisco - C), Darren Oliver (Los Angeles Angels of Anaheim - RP), Placido Polanco (Detroit - 2B), Marco Scutaro (Toronto - 2B/SS), Rafael Soriano (Atlanta - RP), Miguel Tejada (Houston - SS), Jose Valverde (Houston - RP), Billy Wagner (Boston - RP), and Randy Wolf (Los Angeles Dodgers - SP).

Type B

Garret Anderson (Atlanta - OF), Rod Barajas (Toronto - C), Erik Bedard (Seattle - SP), Joe Beimel (Colorado - RP), Ron Belliard (Los Angeles Dodgers - 2B), Adrian Beltre (Seattle - 3B), Chad Bradford (Tampa Bay - RP), Doug Brocail (Houston - RP), Marlon Byrd (Texas - OF), Kiko Calero (Florida - RP), Michael Cameron (Milwaukee - OF), Doug Davis (Arizona - SP), Mark De Rosa (St. Louis - 3B), Carlos Delgado (New York Mets - 1B), Justin Duchscherer (Oakland - SP), Scott Eyre (Philadelphia - RP), Jon Garland (Los Angeles Dodgers - SP), Brian Giles (San Diego - OF), Troy Glaus (St. Louis - 3B), Vladimir Guerrero (Los Angeles Angels of Anaheim - OF/DH), Rich Harden (Chicago Cubs - SP), Bob Howry (San Francisco - RP), Nick Johnson (Florida - 1B), Randy Johnson (San Francisco - SP), Jason Kendall (Milwaukee - C), Adam LaRoche (Atlanta - 1B), Braden Looper (Milwaukee - RP), Felipe Lopez (Milwaukee - 2B/3B/SS/OF), Brandon Lyon (Detroit - RP), Jason Marquis (Colorado - SP), Melvin Mora (Baltimore - 3B), Guillermo Mota (Los Angeles Dodgers - RP), Xavier Nady (New York Yankees - OF), Will Ohman (Los Angeles Dodgers - RP), Miguel Olivo (Kansas City - C), Vicente Padilla (Los Angeles Dodgers - SP), Chan Ho Park (Philadelphia - SP), Carl Pavano (Minnesota - SP), Andy Pettitte (New York Yankees - SP), Joel Pineiro (St. Louis - SP), Fernando Rodney (Detroit - RP), Ivan Rodriguez (Texas - C), Brian Shouse (Tampa Bay - RP), Russ Springer (Tampa Bay - RP), Fernando Tatis (New York Mets - 1B/3B/OF), Yorvit Torrealba (Colorado - C), David Weathers (Milwaukee - RP), Randy Winn (San Francisco - OF), and Gregg Zaun (Tampa Bay - C).

Journalism Ethics Run Amuck, Once Again

The Associated Press published a story yesterday on a very tragic, sensitive and private matter involving the death of a famous professional athlete's mother. The report not only discusses details surrounding the death, but also personal information about the player's relationship with his mother.

The issue here is not whether the facts of this publication are untrue. The disclosure of private facts tort claim subjects the press to liability for the publication of truthful private matters that would be highly offensive to a reasonable person and that are not of legitimate public concern. In many respects, we as a society have become brainwashed into thinking that the press has a constitutional privilege to publish whatever truthful matters it wants, especially when the matter involves a public figure. But surprisingly, the Supreme Court has given very limited attention to the constitutional privilege of the press to publish truthful private facts and has addressed the issue in only one case involving a public disclosure of private facts tort claim (see Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)), and its holding in that case was deliberately and explicitly narrow. Such little guidance by the Supreme Court naturally leaves state and federal courts wide discretion to determine what constitutes a "legitimate public concern" (a/k/a newsworthiness) and to balance the conflicting interests of individual privacy and press freedom.

As I discuss at length in my law review article Tort Law and Journalism Ethics, state and federal courts have proffered varying definitions of newsworthiness. The California Supreme Court in Shulman v. Group W Productions, Inc., 955 P.2d 469 (Cal. 1998) recognized that a broad "public domain" view of the First Amendment privilege, i.e. any information readily available to the public, would swallow the public disclosure of private facts claim. Regarding matters involving public figures, the court set forth what I believe is the proper standard for newsworthiness: "[T]he evaluation of newsworthiness depends on the degree of intrusion and the extent to which the plaintiff played an important role in public events, and thus on a comparison between the information revealed and the nature of the activity or event that brought the plaintiff to public attention. Some reasonable proportion is . . . to be maintained between the events or activity that makes the individual a public figure and the private facts to which publicity is given."

In other words, there must be a nexus or connection between the private information published and the public activity that makes the person a public figure. Here is an excerpt from my law review article:

"The relevance/nexus factor is a critical component in balancing the First Amendment and journalism ethics standards because such an inquiry takes into account the purpose, or reason, for the publication of the matter. If there is a remote nexus or connection between the truthful matter and the event or activity that brought the plaintiff to public attention or that made him or her a public figure, then the societal First Amendment interest in the information is much less compelling because the purpose for publication becomes primarily one of sensational prying into private affairs for its own sake or one of pandering to lurid curiosity."

There is a very tenuous connection between the details surrounding the death of a player's mother and what makes the player a public figure, that being his status as a professional athlete. This publication, having no social value and intruding into an extremely tragic, private and sensitive personal matter, turns journalism ethics standards on its head.

Fitness Tips

Fitness Traditions - Follow No One

Sent this way by Mr Glass, brilliant video that you must watch all the way through! SO be told!

'Follow no-one, let your body lead you, if you follow anything other than your body you will eventually break your body'


This is Fitness Tips/The best Fitness Tip at it's best

Beast Kettlebell 48kg

Beast Kettlebell - Marcus Martinez

Marcus Martzinez of MBODYSTRENGTH demonstrating some kettlebell exercises with beast kettlebell.

Nice kettlebelling Marcus, especially like the hand drills




Got a great book for you to check out tomorrow


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Professor Alfred Yen on Efforts by Colleges to Discourage Disappointing High School Recruits from Enrolling

Over on Madisonian.net, Boston College Law School Professor Alfred Yen has a thought-provoking piece on Duke basketball recruit and high school senior Clair Watkins, who, as a junior, Duke University offered a full scholarship to play (and enroll) at Duke. Watkins, an honors student, has apparently not progressed as a player and Duke recently told her that while it will honor its scholarship offer, Watkins likely wouldn't play at Duke if she enrolled. Watkins is now contemplating other college options, though she could still choose to accept Duke's full scholarship, as she has until the spring to decide.

Here's an excerpt from Professor Yen's post:

* * *

I find this story interesting and complicated. At first blush, it’s all about nasty Duke finding better players for its team and then dumping someone they had aggressively courted. That having been said, Duke apparently is willing to stick by its commitment to a 4 year scholarship if Ms. Watkins still wants to attend. Many schools would simply have withdrawn their scholarship offer, as verbal early commitments are explicitly non-binding.

So, on one hand, I find myself giving Duke respect for keeping its promise of a 4 year scholarship. Indeed, Ms. Watkins might have found herself on the bench anyway. If the Duke coach changed her mind about Ms. Watson because better players had committed to the program, or if other players outplayed Ms. Watson once she got to Duke, she’d have the same experience the Duke coach has now warned about.

On the other hand, I also think that Duke has revealed just how much it values winning basketball games over real decency. The truly decent thing to do would be for Duke to tell Ms. Watson that she needed to elevate her game in order to play, and that the coach was calling to express her commitment to helping Ms. Watson improve. To put this in perspective, should a college call an admitted student to say “We’ve reconsidered. You’ll probably be at the bottom of your class, so maybe you’d like to go elsewhere?” Or, should a college say “We know you will find our curriculum challenging. Here are all of the academic support services that will help you thrive.”? By calling with the cold shoulder, the Duke coach was hoping to get Ms. Watson to give up her scholarship despite Duke’s willingness to honor it. Apparently they didn’t really want her to come to the school unless she would be a star basketball player.

* * *

To read the rest, click here.

Reebok files its Brief in American Needle v. NFL

This past Tuesday was the deadline for the respondents in American Needle v. NFL to file their briefs with the United States Supreme Court. Although the NFL's brief is not yet publicly available, the brief submitted by Reebok, the NFL's co-defendant in the case, is now available to be downloaded. Meanwhile, for those interested in getting a preview of the NFL's argument, both ESPN.com's Lester Munson and the SportsBusiness Journal's Liz Mullen have posted articles discussing the brief.

The earlier-filed briefs by the petitioner, American Needle, and its supporting amici are available here and here.

Kettlebell Swing Odyssey

Swingmas is Coming

Back to the swing!

Seen as Christmas is on it's way(as it usually is this time of year), I thought I would take another mini challenge as I have done in the past. Last years Kettlebell Challenge ended up in misery after I got fairly ill half way through it whilst also in the middle of DIY Hell with kitchen renovations.

Anyways, Bud Jeffries has got me going again and thought why not do a little sideliner with the Kettlebell Swing


My challenge to my self is 300 kettlebell swings 5 times per week with the 24kg bell

Simples



Kettlebell Swing Odyssey


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Caveman Training Sean Sherk

Caveman Training

Great video of Sean Sherk (former UFC champ) training for a fight with Tyson Griffin in the good old CAVEMAN STYLE (via Bazsika's blog - Balasz my Hungarian friend)

Last time i did anything in the style of a Caveman I'd necked 12 cans of Stella ;)

There's lot to be learnt from this video so watch closely and take notes!



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Commissioner as Justice or Executive? Thoughts on Zelinsky

Mike already mentioned Aaron Zelinsky's new essay (forthcoming in Yale Law Journal Online) arguing that the better baseball analogy is between Supreme Court justices and the baseball commissioner. Aaron sent me a draft of the paper and I made a few comments; he gave me permission to reprint them (in much expanded form) here.

For starters, the analogy does work in some respects. The commissioner (working, in part, with the owners) makes prospective rules of general applicability, umpires apply them in particular game settings, and the commissioner corrects their understanding of those rules when it believes the umps got it wrong.

The problem with this is that the Supreme Court makes prospective rules within the confines of review of lower court judgments through case-based decision-making. Not only does the Court establish a rule going forward, but it also dictates something about the outcome of a specific legal dispute. By contrast, the commissioner virtually never reverses a judgment (a particular ball/strike/safe out call) issued by an umpire; and he certainly virtually never reverses the sum-total of all umpire judgments, the result of a single game. The Pine Tar Game in 1984, which Aaron discusses in his paper, is one of the rare examples of this. Of course, that reversal was possible only because the umps' decision came on the very last play of the game; if it had happened in the 5th inning, the league might have had a harder time outright reversing the outcome.

Rather, it seems to me that the commissioner is better thought of as a legislator. Or better still, as the executive working together with the various teams/owners/GMs acting as the legislature. In most of the examples Aaron presents (the calling of balks, changing the strike zone, etc.), the commissioner has seen how umpires have been interpreting and applying the rules, not liked that approach, and changed the rules (or ordered a different interpretation) going forward. This very much how Congress (or Congress and the President) interact with the courts on matters of subconstitutional law--courts apply the rules in cases and, when Congress does not like the way the rules are being interpreted, understood, or applied, it changes the rules prospectively, to be applied by courts in future cases. In fact, the one thing Congress cannot do is dictate case-specific outcomes to courts; it can only set the rules

Put somewhat differently, the Supreme Court and the trial courts (who Aaron says are better comparable to umpires) are engaged in a version of the same enterprise--deciding discrete cases. The commissioner and the umpires are doing something very different from one another, just as the legislature and the courts are doing something very different from one another.

Of course, much depends on whether we see the strike zone (or the rules of the game more generally) as analogous to statutes or to the Constitution. If the strike zone is statutory, then commissioner-as-Congress makes sense, in terms of degree of control. If the strike zone is constitutional, then this does not work.

Moreover, Aaron's analogy potentially breaks down along a couple of points.

First is the difference between how the Commissioner makes legal rules to guide umpires on the ground and how the Supreme Court does. There is a difference between case-based, litigation-bound rulemaking that courts do and the more free-standing prospective rulemaking that the Commissioner engages in. Even if the Supreme Court is more concerned with rulemaking than error correction, it still makes its prospective rules rules only in the context of litigation and in the context of reviewing decisions by lower courts. While it can reach out to do a lot when it chooses, it does not have the type of free-standing rulemaking authority the commissioner has.

Second, the resulting rules are different. The "judicial minimalism" trend (espoused by C.J. Roberts and Justice O'Connor and scholars such as Cass Sunstein) affects the analogy. The Commissioner is not and arguably should not be "minimalist"--he goes around and makes the generally applicable prospective rules he believes necessary. A Justice committed to minimalism--and bound by case-based decisionmaking--will produce less far-reaching rules. And those minimalist rules arguably will be harder to apply in future cases because their contours are less clear and more in need of fleshing out by lower courts.

Third, the Commissioner is able to act unilaterally in the best interests of the game. Aaron's essay focuses heavily on the way commissioners (notably Bart Giamatti, but including others) have wielded individual power. An individual justice can do only what four other colleagues are willing to go along with; the resulting legal rules are affected by that deliberative group-based process (as a host of recent poli sci literature has demonstrated), usually by being narrower and less far-reaching. Now maybe this means that proper analogy is not Commissioner/Justice but Commissioner/Court. But we still have to account for the differences in how an individual act as opposed to how a collective acts.

Fourth, the commissioner's realm is such that he can, if he chooses, wade into a larger swath of potential areas and issues that affect how umpires call the games. The Supreme Court, even if it wanted to hear more than the ridiculous 75 cases it hears now, could not reasonably take on any substantial percentage of the cases or issues brought to the courts in a given year. At its peak, the Court in the 1970s would hear 150-200 cases per term, a tiny fraction of the cases brought in federal and state courts.

But that points up one last break in the analogy. Aaron's argument is systemic--trying to place everyone in comparable places within the system of baseball or the judiciary. But there is no rulemaking buffer between the commissioner and the umpires; the commissioner makes the rules and the policies, the umpires follow. But the Supreme Court is not even the primary rulemaker guiding the lower courts; that role is played by the courts of appeals, especially given the Supreme Court's small caseload. And if the commissioner is the Supreme Court and the umps are the trial courts, we need to find someone in MLB who is somehow analogous to these intermediate appellate courts that do make binding prospective rules, but in a far broader array of cases.

Big 12 Basketball Preview

If you look at the experts of most predictions, Kansas is the almost consensus choice to win the national championship. It's easy to see why. They return everyone from a Sweet 16 team a year ago, including Cole Aldrich and Sherron Collins, two Player of the Year candidates. They also return guys like Tyshawn Taylor and Markief Morris, two talented guys who were just getting their feet wet last season. To top it off, they are adding Xavier Henry, one of the best freshmen in the country, a guy that scored 27 points in his collegiate debut. They are the most talented and experienced team in the country.

However, they will have competition within their own conference, as Texas also looks like a Final Four contender. Damion James is one of the most versatile players in the country, and he is joined by Dexter Pittman and Justin Mason to form a solid senior trio. Gary Johnson provides depth and bulk up front, as he was a double digit scorer last season. In the backcourt, Avery Bradley is one of the best freshmen in the country, and should be a great defender from day one. Varez Ward and Florida transfer Jai Lucas should battle for minutes at the point. The Longhorns will be a great team under Rick Barnes.

Oklahoma lost Player of the Year Blake Griffin, but they appear to simply reload under Jeff Capel. Willie Warren was a high recruit last year, and should take control of the team in his second season. Tony Crocker joins him to form a solid backcourt. Upfront, Keith "Tiny" Gallon will be relied upon to contribute immediately, and he seems up for the challenge, as he scored 18 points and grabbed 15rebounds in his college debut.

There is a large talent dropoff after those three teams, but there are still some teams that get after it. Kansas State has some very solid scorers in Frank Martin's third season. Oklahoma St. finished very strong last year, and will look to build on that, led by James Anderson. Iowa St. will look to get to the NCAA Tournament for the first time in years, and they might have the firepower to do that with the return of Craig Brackins, one of the best players in the conference.

The Big 12 appears to be very top heavy heading into the season, but the top of the conference might be better than in any other conference in America. Kansas is the number 1 team in the country, and Texas is not far behind. If Oklahoma can be a top 10 team, the Big 12 could be the most talented conference in America.

NCAA Basketball Big Ten Preview

The Big Ten has been very much maligned in recent years, as fans tend to see the slow, defensive-minded teams and think that teams from the Big Ten cannot compete with national powers. In the past, they might have been right, but things should be different this season. Michigan St. and Purdue are legitimate Final Four contenders, and they have a host of other teams that will be in the running to make the NCAA Tournament.

The Spartans made a surprising run to the Championship game last season, and return almost everyone from that team. Leading them will be PG Kalin Lucas, who is the Preseason Big Ten Player of the Year. He is a lightning quick PG that can make a lot of things happen when he pushes the ball. The key for the Spartans will be Raymar Morgan, a guy with star ability who has not played to his talent. If he does, the Spartans could get back to the title game.

Purdue will have a little something to say about the Big Ten title race, as they return almost all of their talent from a Sweet 16 team. Their leader is Robbie Hummel, who put up excellent all-around numbers despite battling injury problems. But they are a very balanced squad, with JaJuan Johnson, E'Twaun Moore, and Keaton Grant all providing scoring pop. They've also got diminutive Lewis Jackson and defensive specialist Chris Kramer to provide sparks in the backcourt.

The middle of the pack is also very deep and talented, as they have at least 4 teams that should be ranked or close to it for much of the season. Michigan should be a Tourney team again in John Beilein's third year, as both Manny Harris and Deshawn Sims could be all Big Ten performers. Evan Turner is one of the most well-rounded players in America, and fills up a stat sheet better than almost everyone else in the country. He averaged 17 PPG/7 RPG/4 APG last season.

Minnesota will continue its resurgence under Tubby Smith, as they should have their most talented team under him. They don't have a lot of stars, but they are deeper than any team in the conference and can throw a lot of different looks at teams. Illinois was third in the Big Ten last season, and they bring in one of the best recruiting classes in the conference. Bruce Weber will have them back in the NCAA Tournament once again.

The Big Ten will be one of the deepest and best conferences in the country this season, something that has not been said very much recently. With two Final Four candidates and up to 9 out of 11 teams thinking they will have a chance to make the NCAA Tournament, look for the Big Ten to make some noise this season.

p90x Core Synergistics Versus 22 Stone Man

P90X Core Synergistics

Some time ago I was given the P90X system by a dear Strength and Fitness accomplice of mine.

So about 2 years later (after getting it) and feeling the effects of my strongman comp I decided to take a 'light' option for my evening training session.

Enter p90x, I scanned through the options and decided on the core synergistics section.

After a pretty thorough warm up I was feeling good with lots of movements that had passed my mind many years ago. I won't go into the details here but my memory took me back to school (in a good way) and circuit training exercises.

The results were pretty good for me in that I now feel like I've released my tight hips and my lower back through this workout.

No suprises really I'm under no illusions that I need more general training.

I intend do more p90x soon in addition to my kettlebell training and barbell sessions.

p90x versus kettlebells
IMO the two types of training canno be compared, p90x is a workout video and kettlebell training is a lifestyle and constant challenge.

Kettlebells will live forever and p90x wil die out atsome point despite being a big cut above all the other workout videos (think celebrity workout videos)

Being me I'll try it all at least once or twice






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The dangers of consequentialism

Everyone is talking about Bill Belichek's decision to go for it on 4th-and-2 from the Pats' own 28 with around two minutes left (sorry Mike). And most people (including the NBC commentators speaking three-and-a-half minutes after the game) have concluded it was a bad decision. But the only reason they offered as to why the call was bad is that it did not work. Had it worked, it would have been called gutsy and a brilliant decision.

This is the problem--in both sports and law--of pure consequentialism, in which the a priori wisdom of a decision is evaluated solely by the outcome. But the decision to go for it cannot be right or wrong based solely on the result. The result is good or bad; but the decision must be evaluated independent of the outcome. Evaluating a decision as right or wrong must be based on the quality of the reasoning that went into it. Since 2001, the Pats have converted 63.5 % of attempts on 4th-and-2-or-less, a higher percentage when Brady is the quarterback. And on a day in which the offense racked up more than 400 yards and generally had moved at will, those sound like pretty good odds. Plus, in the situation, the Colds defense would be particularly worried about jumping offside, so their aggression may be ever-so-slightly-restrained. All-in-all, it strikes me as a highly unconventional, but hardly unreasonable or reckless decision. And, in fact, the play worked, except Fault did not catch the ball cleanly, thus losing forward progress as to the spot.

Gregg Easterbrook writes the Tuesday Morning Quarterback feature for espn.com and he is constantly arguing that coaches should go for it on 4th-and-short, particularly around midfield and deep in opposing territory. I am looking forward to what he has to say about this one.

Update:

The folks at Advanced NFL Stats, who know stuff about mathematical analysis that I don't, say that Belichek made the right decision. (H/T: Deadspin) The success rate on 4th-and-2 is 60% and teams score a touchdown from the opponent's 28 with 2:00 remaining approximately 53% of the time. This puts the Pats in a statistically better position than punting would have.

Further Update:

Easterbrook weighs in: Belichek was absolutely right to go for it (although he questions some of the other calls and moves, particularly the call on 3d-and-2). Easterbrook also takes on one of the sillier memes about this--Tedy Bruschi saying Belichek showed a lack of faith in his defense--by pointing out that what Belichek did was to show faith in his offense to get two yards on a day in which it averaged more than 6 yards a play.

The "lack of faith" meme rests on the assumption (which Easterbrook has been fighting) that going for it on 4th down is so far out of the norm that it is justified only in special circumstances. The assumption is that an offense really only has three downs to get a first down ordinarily and to use an additional down shows desperation of some sort--here, lack of faith in the defense. But if the mindset is that four downs means four downs and the percentages favored New England, there was nothing insulting to the defense here, just a faith in the offense within the normal rules of the game (four downs to try to get a first).

Aaron Zelinsky on Benching the Judge-Umpire Analogy

Aaron Zelinsky of Yale Law School has just posted on SSRN a draft of his forthcoming piece in Yale Law Journal Online titled "The Justice as Commissioner: Benching the Judge-Umpire Analogy". It's an excellent read. Zelinsky traces the judicial history of the judge-umpire analogy since 1886, concluding that it was intended for trial court judges, and meant as a model to be rejected because of an umpire's passivity. In its place, Zelinsky proposes that Supreme Court Justices are properly analogous to Commissioners of Baseball, since both provide interpretive guidance to subordinates, undertake extended deliberation, take countermajoritarian action, and wield substantial rulemaking power.

Check out Aaron's draft here. We have also discussed this analogy on our blog -- see commentary by Howard, Geoff, and me.

Squat squat thrust kettlebell swing

Todays session, haven't squatted for months and after getting mashed at last weekends comp i need my body to be upto the job. 110kg on the barbell for 8 reps followed by 20 squat thrusts and 20 kettlebell swings with the 32kg bell. Repeated for 6 sets. My lower back is still a little shot but bearable to train with.

Crazy Fitness - Strength Training Ideas

Crazy Fitness - Strength Training Ideas


Just been over at Strongerman.com again. I find Bud Jeffries very intriguing!
Bud is massively strong but not only that, he is extremely fit.

Bud's words are 'If you want radical results you have to put out radical effort. You don’t have to climb the mountain every day, but you do have to climb it if you really want results.

That is so true, radical training means radicals results. Bud has lost over 100lb's recently and looks amazing.

I got quite a few 'Why in the hell would you want to do that' expressions when I started training for my Hammer Challenge for Charity. I did it because it was 'out of the norm' and believe it helped 'raise more money for charity' because it was unusual and not something everyone could do and was a little different to a Sponsored walk.

With this said, I'm looking for a new radical challenge for next year if anyone has any ideas?

So far I have come up with
3 hour sledgehammer striking (World Record is 2768 strikes) with a 14lb hammer
1 hour 24kg kettlebell snatching

Bud's 1000 sprawls is another example of radical (a sprawl being the same as a burpee or squat thrust)

This is inspiring stuff!

Boise State Athletic Department Selling Stock

USA Today is reporting today that Boise State has officially formed a non-profit corporation and will begin selling shares to the public at $100 per share in hopes of raising $20 million (Boise State Athletic Department Hopes Stock Offering Raises $20 Million). AD Gene Bleymaier said, "If we are to continue the success we are enjoying now we must generate new revenues to pay for coaches' salaries, scholarships and facilities." The shares will not pay dividends, but shareholders can vote on members of a 12-person board at an annual meeting and the board will determine how money raised through the offering would be spent. Bleymaier also said this fundraising program mirrors the offering made by the Green Bay Packers when they raised $24 million in the sale of more than 105,000 shares back in 1997.

If this is true, needless to say, it's a very interesting development. One would certainly think this has to violate some provision, somewhere, in that 437-page NCAA Bylaw manual. It also raises all kinds of interesting corporate law questions in the context of fiduciary duties, state and federal securities regulations and non-profit corporation laws, just to name a few. The more I think about it, this has to be a joke, right? But perhaps this is no different than what is already taking place in big-time intercollegiate athletics, the only difference is that we call them boosters instead of shareholders.

This new development also relates to the topic of my article I posted on two days ago to the extent the proceeds generated from this stock sale fund coaches' salaries. Boise State along with Cincinnati and TCU are prime candidates to have their successful football coaches solicited by competitor schools, making them soon-to-be victims of both tortious interference and breach of contract. The presidents of these three schools have a choice. They can pay their coaches more money or let them go and then proclaim that they are "powerless" to do anything about rising salaries. Or, they can exercise their legal rights and stand up for all the current and prospective student-athletes who committed to their school in reliance on the fact that their coach was obligated to be there for a period of years....the same student-athletes who, unlike their coach, are prohibited from transferring to another school.

Legitimate Tearing

Legitimate Tearing - Catalogue

Ok, I should have been working but somebody slapped one of last years stock book on my desk. This is the first time I've tried catalogue tearing, this one was 35mm thick and much more difficult than a Yellow Pages Phonebook

If you want to get into grip and rip i would highly recommend these places

Adam T Glass
Chris Rider
Denis Rogers

Whether it's help or just plain inspiration you're after. These guys can give you it all!

Indian sport newspapers

The Indian newspapers industry is one of the largest in the world with newspapers published in almost 20 languages like English, Hindi, Malayalam, Bengali and others. The Indian sport newspapers write about popular sports in India like cricket, football, field hockey, tennis and golf.

The Hindu

Tha Asian Age

Daily News & Analysis

India Daily

Hindustan Times

Indian Express

Mid Day

Mumbai Mirror

Outlook India

The Statesman

The Telegraph

The Times of India

The Week

Strongerman

Strongerman - Bud Jeffries

Bud Jeffries is back up and running now with his awesome training methods and articles.

GO there now!

500lb Sit ups for 15 reps



Check out my previous post about Bud Jeffries and Kettlebells

University Presidents are Not "Powerless" to Control Coaches' Salaries

USA Today's latest study released today on college coaches' compensation reveals that at least 25 college head football coaches are making $2 million or more this season, which is slightly more than double the number two years ago, and the average pay for a head coach in the 120-school Football Bowl Subdivision is up 28% in that time and up 46% in three years, to $1.36 million. Two weeks ago, the Knight Commission released its survey of bowl-subdivision university presidents in which 85% of the respondents said they felt football and basketball coaches' compensation "was excessive" as well as "a key contributor to the (fiscal) 'arms race' in intercollegiate athletics" and "the greatest impediment to sustainability."

With the end of the football season approaching and, hence, the beginning of the coach solicitation season, the timing is ripe to announce my new law review article on this subject titled, The Coaching Carousel in Big-Time Intercollegiate Athletics: Economic Implications and Legal Considerations. The paper will be published in the coming weeks in the Fordham Intellectual Property, Media and Entertainment Law Journal and can be downloaded off SSRN here. I take an extensive look at the economics surrounding college coaches' contracts and the reasons for rising coaches' salaries, and then use the economics to tackle the legal question that everyone avoids like the plague, which is what can schools do about it?

From a legal standpoint, it is astonishing that schools routinely solicit and steal coaches who are under contract with another school and that these solicited coaches are free to breach their contracts with limited or no repercussion. This is not representative of free market competition, but rather unfair competition. It would be like the Cowboys soliciting Tom Brady to breach his contract with the Patriots, and even worse, the Patriots then allowing Brady to breach his contract with them. The professional leagues have "no tampering" rules that prohibit this tortious interference and the Patriots would have no qualms whatsoever about using judicial means to prevent Brady (via a negative injunction) from playing for the Cowboys. Indeed, the NFL even has a no tampering policy with respect to its coaches.

The NCAA should consider adopting a "no tampering" policy (i.e. an anti-solicitation rule) similar to the NFL's no tampering policy which essentially prohibits teams from soliciting coaches under contract. In my paper I also explain why schools are entitled to equitable relief in the form of a negative injunction to prevent their coaches from jumping ship, and there is even precedent for it specifically in the context of enforcing college coaches' contracts.

Strongman Competition

Strongman Competition Container Comp 7.11.09

Did my first Strongman competition last saturday at Jason Talbot's container in Harby Leicestershire. I travelled down with Pat 'Homemade' Hodgson fairly early and managed to get a great sausage and bacon butty at Harby petrol station cafe before the comp!!

The competetion started at 11am after a briefing about the rules of the comp from JT.

First event was the Overhead (in medley format), first implement was a 62kg very thick handled dumbbell, which went up pretty easily. Then onto the 110kg Yoke, mission accomplished without too many worries. Third lift was 110kg thick log bar, I struggled with this due to handle placing as it was such a big diameter log, I ended up trying twice to press out so moved onto the next lift which was the 120kg axle, I continentalled it onto the belt and then straight up to the chest and overhead. Final lift was a double attempt at a 69kg Inch dumbbell which I failed just to lock out on with a few seconds spare.

With my pre-nerves out of the window, I set upon the second task - deadlift. Started with a 220kg (50mm)axle, then 250kg trap bar and 155kg each hand farmers walk bar deadlift final lift was a failure at 275kg olympic bar deadlift - I managed to get the weight off the floor by about 4 inches but thought better of really fighting it to save myself for the rest of the competition.

Third task was the medley which was 140kg each hand farmers walk 15m, 300kg tyre flip for 2 reps and 175kg duck walk for 15m. Once again I scraped through the whole lot in 88.9 secs and a bruised foot from glancing my foot with the farmers walk bar. This really got me blowing big time!

Final event was the atlas stones 120kg,135kg,160kg and 180kg. I got the first 2 stones up without too much trouble but ended up with no tacky left on my arms so couldn't even get a grip on the 160kg atlas stones - a little bit dissapointed with this as I think I was capable of getting the third stone up. However, you learn from these things.

Overall, the comp was a great experience with a lot of great guys supporting each other. Hopefully I will make it into the Adlington Push/Pull meeting in January, which will certainly give me something to train for as I was far from trained up for this one (only 3 sessions in the last few months as I've been training for my Hammer Bash event)

I would highly recommend to anyone to do this comp and train with Jason on saturdays at the Container for about £3 a session. Jason also sells atlas stones for a very good price (i bought a 120kg stone to get some practice in) Check out JT's site atlasstones.co.uk


Links To Utube videos of Comp with time in mins/secs where my events start


http://www.youtube.com/watch?v=bDpp7E1xJYs 3min

http://www.youtube.com/watch?v=YvlHhARe7M4 2min

http://www.youtube.com/watch?v=5wzvmcPlPMw 40 sec

http://www.youtube.com/watch?v=nG9VxTplkbI 6min 40

NCAA Basketball Big East Preview

In 2008-09, the Big East was the best and deepest conference in America, sending 7 teams into the NCAA Tournament, including three teams that garned a #1 seed. However, they lost a lot of talent to the NBA and to graduation in the offseason, leaving room for a lot of potential change within the conference.

Villanova and West Virginia look like they will be the main challengers for the conference title. Villanova might have the best guard play in the conference (led by senior Scottie Reynolds, hero in the NCAA Tournament), as Jay Wright's teams are always strong in this area. The Wildcats also have some very talented big men coming into the program, and the speed of their development could dictate how much success Villanova will have this season.

The Mountaineers have the best duo in the Conference, with forwards Devin Ebanks and Da'Sean Butler. Both are potential All-Big East performers, and Ebanks could be the best player in the Big East. If they can get consistent guard play from Joe Mazzulla and Darryl Bryant, Bob Huggins team could have a chance to go all the way to the Final Four.

There is uncertainty after that. Connecticut and Louisville will likely be down a bit after #1 seeds last season, but they should still challenge for spots near the top of the conference. If Stanley Robinson can play up to his potential for UConn, they should be considered the favorite to finish third in the Big East, especially with sophomore Kemba Walker and veteran guard Jerome Dyson in the backcourt. The Cardinals will have to deal with a lot of off the court things after Rick Pitino's tumultuous offseason, but they have the talent to be very good once again.

Luke Harangody is the best player in the Big East and could be the favorite for National Player of the Year. He put up huge numbers last season, and returned for his senior year of college poised to break all types of Notre Dame records. He likes the Irish' chances of getting back to the NCAA Tournament, but they will be on the bubble all season. Seton Hall could be a big surprise, as they welcome in a trio of talented transfers into the mix. Bobby Gonzalez could get the Pirates back to the NCAA Tournament for the first time since 2006.

The Big East is not as strong at the top and doesn't have as many great teams as it did a season ago, but it should still be very strong and deep. In particular, the middle of the conference, with teams like Seton Hall, St. John's, and Rutgers, should all be improved this season, meaning that there will be no easy night in the Big East. Well, except maybe DePaul.

NCAA Basketball ACC Preview

A season ago, North Carolina had their One Shining Moment, beating Michigan St. for the National Title and declaring that the ACC had the best team in the nation. However, they lost much of their core roster (including Tyler Hansbrough, Wayne Ellington, Danny Green, and Ty Lawson), making the ACC race wide open.

Even with the losses, the Tar Heels will still be in contention for the title. They return a lot of young talent, and they brought in a strong recruiting class. They should be very strong up front, led by Ed Davis (who showed tons of talent as a freshman off the bench and should be a star as a sophomore), Deon Thompson, Tyler Zeller, and freshman John Henson. If the backcourt can play well, the Tar Heels could certainly contender for another national championship.

Duke looks to be their main contender, and the rivalry between the two schools should remain strong. Duke is also deep up front, and will be led by Kyle Singler, one of the most versatile players in the country. He has a chance to be a first-team All-American. They will be very thin in the backcourt after the transfer of Elliot Williams to Memphis, as Jon Scheyer, Nolan Smith, and freshman Andre Dawkins will be relied on to play very heavy minutes. Still, they have the talent to win an ACC title.

Georgia Tech is coming off of a disappointing season, but they bring in one of the best freshman classes in the country. The headliner is post man Derrick Favors, who rivals only John Wall of Kentucky for best freshman in the country. He teams with returnee Gani Lawal in the post (15.1 PPG, 9.5 RPG) to form one of the best front lines in the entire country. If the freshman can mature and blend in with some talented returners, look for Georgia Tech to get back to the Tourney.

Things are less clear after that. Maryland and Clemson look like Tourney teams again, and Greivis Vazquez for the Terps could be the ACC Player of the Year. Beyond that, Florida State, Boston College, and perhaps Wake Forest should challenge for Tourney spots in what could be a deep conference.

The ACC is also a very strong conference, and things appear no different this season. With Duke, North Carolina, and Georgia Tech leading the way, the ACC will again boast some of the most talented teams in the country. While there are no favorites to reach the Final Four like last year, things are still looking up in the ACC.

Follow-up on Buster Olney - Hardy, Hermida, Teahan

After posting last week about Buster Olney’s article and comments about arbitration-eligible players and free agents, the Twins traded Carlos Gomez to the Brewers for J.J. Hardy; the Red Sox traded Jose Alvarez and Hunter Jones to the Marlins for Jeremy Hermida; and the White Sox acquired Mark Teahen for Chris Getz and Josh Fields. Olney posted a column on his ESPN.com site (“Hermida’s Move Sure to be Replicated - 11-6-2009) supporting his earlier comments while noting that the Royals are looking to slash $10-$13 million from their payroll and peddling Teahen is a start. Teahen settled with the Royals last year at $3,575,000 after an exchange of figures ($3,050,000 - $3,850,000). Teahen was in a select group of five of the 46 players who exchanged numbers to negotiate a figure above the midpoint. As a Super Two in 2008, Teahen was able to negotiate a $2,337,500 deal that year. Apparently the Royals will contribute $1,000,000 towards Teahen’s 2010 salary. Fields and Getz have quite awhile before they become arbitration-eligible.

Hardy finished four years with the Brewers with a disappointing season. In 2008, Hardy exchanged numbers with Milwaukee ($2,400,000 - $3,050,00) before agreeing to a $2,650,000 deal. In 2009, he made $4,650,000. Hardy’s .229 average and drop in power numbers prompted to Brewers to make a move instead of going back into arbitration. With his demotion to AAA last year, the Brewers forced him to lose his ability to move to free agency after the upcoming season. How the Twins will handle negotiations will be interesting.

Olney’s main post involved Jeremy Hermida, who moved into the salary arbitration-eligible group before the 2009 season with the Marlins. He signed in January 2009 for $2,250,000. The Red Sox will accept his arbitration-eligible status without much complaint.

Hardy, Hermida, and Teahen are now set. Their new teams will advance through the negotiation and arbitration process, if necessary, to sign their new acquisitions.

Strongman Container Comp

Container Comp

From yesterday's Strongman competition at Jason Talbot's container in Harby.

Was a great day! More to follow

Tulane Law School Baseball Arbitration Competition

I am proud to announce that the Tulane Law School Sports Law Society will be hosting its third annual National Baseball Arbitration Competition from January 22-24, 2010. This is a really great and unique event that allows students to argue a baseball arbitration case involving real players and real statistics. We already have a number of great guest arbitrators lined up to judge the competition and will have students from schools across the country competing in the event. The official announcement from the Tulane Sports Law Society is attached below. Click here for the competition's website and more information. I look forward to seeing many of you down in New Orleans for the competition...


About the Competition
The Tulane Law School Sports Law Society is pleased to invite your school to compete in the 2010 Tulane Law School National Baseball Arbitration Competition. The Baseball Arbitration Competition is a simulated salary arbitration competition modeled closely on the salary arbitration procedures used by Major League Baseball. Like most law school moot court competitions, the Competition’s main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills, which are essential for a successful career as an attorney. The Competition, however, is unique in that it allows law students across the country with an interest in the growing body of sports law to sharpen these skills within the specialized context of Major League Baseball’s salary arbitration proceedings. This will be an exciting and educational legal exercise for all participants, as it will provide participants an opportunity to learn more about one of the legal processes used in the sports industry. In its two-year history the Competition has grown significantly, and we fully expect an increase in participation once again.

Schedule & Registration Materials
The Baseball Arbitration Competition is open to any ABA accredited law school. This year, the Competition will begin the evening of Friday, January 22nd, with a reception for competitors and participants. Competition rounds will begin the morning of Saturday, January 23rd, and continue through the afternoon of Sunday, January 24th.

The Changing Landscape of Salary Arbitration-Eligible Players and Free Agents in Baseball

With the Yankees winning the World Series last night, the off-season officially began this morning. The clock starts ticking on the free agent filing period of 15 days after the end of the World Series. Buster Olney appeared on Mike and Mike on ESPN this morning. He started his segment with the same point that he made in an article on ESPN Insider on Sunday titled “Baseball's Next Great Economic Disparity.”

Let me quote from his posting:

“Baseball's financial structure appears to have reached a tipping point that can be defined simply. ‘The arbitration process is now outdated,’ said a highly ranked executive, ‘because the players can get more money in arbitration than they would through free agency.’ So now teams are about to adjust to this reality, and this is why multiple general managers expect that dozens of young players with three, four and five years of major league experience will be cut loose rather than offered arbitration in the next 41 days. Not a handful, but dozens.

During the past 48 hours, I went through the rosters with some executives and counted 93 solid non-tender candidates -- players whose current teams simply won't offer them contracts for 2010. If the final numbers come close to that figure, close to 300 veteran players will be looking for jobs in the winter, a staggering number that will inevitably depress the asking prices for free agents.”

Examples that Olney offered in his posted article were J.J. Hardy of the Milwaukee Brewers, Jeremy Hermida of the Florida Marlins, and Bobby Jenks of the Chicago White Sox. In both the article and this morning on Mike and Mike, Olney offered that the big market teams will be able to sign their top choices of both traditional free agents (six years of service) and non-tendered arbitration-eligible players. Small market teams might benefit from a depressed market overall for free agents.

I think that Buster Olney is right on top of this issue. The first two important dates to remember are December 1 and December 7. December 1 is the last day for teams to offer arbitration to their former players who became free agents. Monday, December 7, is the last day for a former free agent to accept arbitration. The non-tender date is December 12. After free agents file, teams have the right the offer arbitration. Often they will do this for projected Type A and Type B free agents to gain a draft choice if the player turns down the offer. Players turn down the offer to talk to all teams about a deal for the upcoming year. If they accept arbitration, they have basically agreed to a contractual relationship with their existing team. They can negotiate a deal or allow the arbitration panel to decide the appropriate amount. This year might be strategically different, however, because of the changing landscape. There will be a lot more free agents this year based on Olney’s prediction. If you offer arbitration to a Type A or Type B free agent, that player and his agent might just accept arbitration when they would have turned it down previously with different market conditions because an arbitration panel might award a figure that is higher than the deal that the player and agent could get on an open free agent market.

I will be monitoring all of this activity in the off-season, and I will post occasional musings.

Legal Fallout from Phoenix Coyotes - NHL Saga

Over on the American Lawyer Daily, Zach Lowe has a good piece on the legal fallout of the Phoenix Coyotes likely sale to the NHL. He interviews me for his story, and I tie-in the American Needle case. Here's an excerpt:

The [NHL] apparently doesn't want the Coyotes for long, and they are already in talks to sell the team to an investment group represented by Cadwalader, Wickersham & Taft . . .

Monday's hearing at the federal bankruptcy court in Phoenix . . . was the first major gathering of the main legal players since the federal judge handling the case took the unusual step last month of tossing out both bids for the team--the NHL's $140 million bid and a much larger offer from Canadian business mogul Jim Balsillie, who wanted to move the team to Ontario. As we've written before, Judge Redfield T. Baum tossed the bids for very different reasons . . .

. . . But what really happened, according to four lawyers on the case, is that the NHL simply clarified the final bid it submitted more than a month ago. At the outset of the hearing, lawyers for the NHL and the creditors committee (represented by Paul Sala of Allen, Sala & Bayne) pointed out to Judge Baum that the NHL was not actually proposing to pay some unsecured creditors ahead of others. Rather, the lawyers told Baum, the league was offering to purchase the claims of those allegedly favored creditors--about $11.6 million, mostly owed to local vendors. The rest of the NHL's bid price--$128.4 million---would go to the bankrupt estate to be distributed to secured and unsecured creditors in the proper manner . . . .

Judge Baum is expected to approve the deal as soon as Monday. The next step would be for the NHL to sell the team . . .

One interesting note from McCann: Baum's earlier ruling allowing the NHL in as a bidder reinforces the notion that sports leagues have some momentum in getting around antitrust laws. Earlier this year, the U.S. Court of Appeals for the Seventh Circuit ruled that the National Football League could act as a so-called single entity--exempt from antitrust laws--in signing apparel licensing agreements. (The U.S. Supreme Court had previously reserved single entity status for parents and their wholly owned subsidiaries, McCann says.) One apparel maker (American Needle Co.) has objected, claiming that the 32 NFL teams are separate businesses, and that apparel makers should be able to negotiate separately with all of them. The appeals court rejected that argument, holding that the NFL could be considered a single entity for the purpose of licensing agreements even though the teams are very clearly separate businesses, McCann says. The case is now headed to the U.S. Supreme Court.

The NHL cited the Seventh Circuit's ruling in the Coyotes case, in effect saying the league could bid for and own an individual team. That suggests how much importance leagues are placing on the outcome of the American Needle case, McCann says.

Referees Injured by Tortious or Criminal Behavior of Players

Victoria E. Freile and Claudia Vargas of the Rochester Democrat and Chronicle have an interesting piece on a sports law topic that we often don't discuss: referees injured by the tortious or criminal behavior of players. They focus on a recent incident in an adult amateur football game played in Rochester which generated a felony charge for a player. Here's an excerpt:

On the day a football player was in court facing felony charges in connection with an attack on a referee, football officials said the adult amateur league will have a tough time finding referees to officiate games next season.

Leon R. Woods, 23, of Rochester was charged with first-degree assault, a felony, in connection with the attack on Pete McCabe, 54, of Lakeville, Livingston County. Woods, a running back for the Western New York Cougars, a team from Rochester, is accused of intentionally swinging his helmet and striking McCabe in the face after a game at Edgerton Park on Saturday.

McCabe, who was one of several referees officiating the end-of-season playoff game between Rochester and Utica, suffered severe lacerations, a broken jaw and nose and internal injuries. . . .

Referee Robert Lockhart, 54, told police that he saw a player running down the sideline, holding his helmet. "He then ran up to (McCabe) and swung his helmet like a weapon," Lockhart said. "It was like a roundhouse punch. He hit (McCabe) right in his face." McCabe immediately went limp and fell to the ground, he said. Blood was gushing from his face, he said.

To read the rest, click here.

Porkpie Bell Growler Fitness Piebell Kettlebell

Melton Mowbray Fitness Bell

This is brilliant! A new craze in fitness and fatness training.

Swing that kettlebell and eat pies at the same time.

Outstanding work from my good mate Homemadegymstuff

If you wondering why?

It's because we're heading off for the Strongman comp tomorrow at Melton Mowbray (well near there- a place called Harby) (home of the UK's finest Pork Pie)

Strongman Container Comp

Strongman Container Comp 7 Nov Melton Mowbray

This weekends Strongman comp has changed format slightly from Having 3 groups to now 2 so I've been pushed into group b (the hardest group)

My event weights are in bold.

looks like it could be interesting

Original post on Sugden Barbell


overhead
A B
40kg dumbell 62kg
80kg yoke 100kg
85kg log 110kg
95kg axle 120kg
56kg inch 69kg

deadlift

180 axle 215
200 tbar 250
220 oly bar 275
125 farmers 155

medley

115 farmers 1 flip 140 duck walk

145 farmers 3 flips 175 duck walk

stones

100 115 125 135

125 135 160 180

I can see some of it being possible and who knows for the rest.

Will be great fun giving it my best shot

Peter Carfagna's New Sports Law Books

There are a number of terrific sports law case books available, and there is a new one that joins them: Peter Carfagna's "Sports and the Law: Examining the Legal Evolution of American's Three 'Major Leagues" (West, 2009).

Peter's book is devoted to the sports law of Major League Baseball, the National Football League, and the National Basketball Association. I just finished reading a copy of it, and it's excellent. I particularly like its clarity and brevity (167 pages, not including appendixes; appendixes include the MLB Uniform Player Contract, the NFL Standard Player Contract, and the NBA Uniform Player Contract) -- it addresses all of the key decisions and also provides useful practical materials, such as an actual naming rights agreement between the Red Sox and Anheuser-Busch (pages 125 to 135).

Peter has also just published Representing the Professional Athlete (West, 2009), another excellent work. This one is about hands-on training for acting as a player agent.

Peter teaches sports law at Harvard Law School and has a long and storied career in the industry, including serving as chief legal officer/general counsel of IMG. It's neat to see sports law continue to grow in scholarship and esteem, and I'm looking forward to more sports law books on the way.

Best Three-Point Shooters in NBA History

The three point shot is one of the biggest weapons in all of basketball, an equalizer that can allow less talented teams to stick with more talented teams. It has become more and more in style in all levels of basketball, as teams have begun to see it as more beneficial than two point shots. When thinking about it... if you make 1 out of 3 three-point shots, that is comparable to making 50% of your two-point shots, so if you can hit a reasonable amount of them, it makes sense to shoot threes.

So who are some of the best ever from downtown? Near the top of the list would have to be Reggie Miller, who is the all-time leader in three point shots made. He is also one of the most clutch shooters ever, as he made big shot after big shot for the Indiana Pacers over the years. Perhaps most famous is his 6 points in 7 seconds against the New York Knicks in the NBA playoffs. He had a very consistent form, and made a lot of shots over a lot of years. He was likely the best three point shooter in NBA history. At 6'7'' he also had the height to get shots off against any defender.

Ray Allen is still active, and he is one of the best shooters in NBA history. He has perhaps the quickest release in NBA history, and seemingly needs only a blink of an eye to get a shot off. Whether he is creating his own shot, coming off a ball screen, or coming off another screen, if the defender is not right on him, he can and will get the shot off. He has enjoyed a long and successful career, playing for the Seattle Supersonics, Milwaukee Bucks, and the Boston Celtics. He finally got his ring with the Celtics, further cementing his place as one of the best shooting guards in the game and one of the best shooters in history.

Steve Kerr is not one of the most prolific shooters ever, but he is one of the most accurate. Playing mostly for the Chicago Bulls, he made about 45% for his career. He was helped by playing with Michael Jordan and Scottie Pipper, which got him a lot of open looks throughout his career. His biggest moment came when he made the game winning shot to clinch an NBA Finals series. He parlayed his successful playing career into an NBA analyst spot, and is now GM of the Phoenix Suns.

The three-point shot has grown in popularity over the years, and has now become an essential part of any basketball team's strategy. Chances are, this trend will continue to develop as time passes.

NBA Preseason MVP Candidates

LeBron James captured his first NBA MVP title in the 2008-2009 title, cementing his status as the best basketball player in the world right now. He has to be high up on a list of candidates heading into the 2009-10 season as well. His Cavaliers are expected to be one of the top contenders for the title this season, and being on a successful team is key to winning the award. James is the most athletically gifted player ever in the NBA. He can finish better than anyone else, as well as being an excellent rebounder, passer, and defender. With each passing season, it seems like another weakness in his game has been shored up, so it will be interesting to see how he can improve on last season.

Kobe Bryant is another annual contender for the award, as he will be playing on the defending champion Los Angeles Lakers, a team that is the favroties to repeat. Bryant has lost some of the explosiveness of his younger days, but he makes up for it with craftiness and smarts. He has a great jumper, and is very creative about getting it off in many different situations. He has started to share the ball more and more, highlighting his skills as a passer. The numbers, star power, and wins will be there, which is why you can't count otu Kobe Bryant for the MVP award.

Dwyane Wade was magnificent last season, leading an otherwise bad Miami Heat team to the NBA playoffs. He puts his body on the line every night, and no guy is better at getting to the hole and drawing contact. He is a great teammate, getting others involved (over 7 assists per game last season) and playing staunch defense. If his body can withstand the pounding that he takes, he will be high up on the list of MVP candidates.

Dwight Howard continues to grow every year, and his Magic team will again be one of the strongest contenders in the East. Howard is the best rebounder and shot blocker in the NBA, and his offensive game seems to get a little bit better every season. Howard is an athletic freak down low, with size, speed, and strength that you normally don't ever see for men his size. With a lot of help from teammates, Howard should put up huge numbers once again, and will likely lead the league in rebounds.

These are just four of the contenders for MVP. Though it is possible that someone like Chris Paul or Kevin Durant will sneak into the race and garner some votes, it seems likely to me that as we embark on the 2009-10 season, the MVP will be one of these four guys.