REAL ZARAGOZA. PABLO AIMAR ITS NEW SIGNNING

Argentine International & ex Valencia playerPABLO AIMAR has signed for 4 seasonsfor REAL ZARAGOZA.Pablo Aimar picked Zaragoza because theycame looking for him. Coach VictorFernandez praised Aimar´s style of play &told him that he would be a vital piece insidethe new 2006/07 side.

SPANISH FOOTBALL PLAYERS MARKET

ROBERTO CARLOS wishes to stay at REAL MADRID afterchatting with coach Fabio Capello about his future.However, his club may think otherwise. Arsenal has offeredASHLEY COLE at a "bargain" price, in an attempt to stopthe player from going to arch rival Chelsea. If Real "swoop"on Cole, they may well ask Carlos to "kindly" leave.English Premier League clubTOTTENHAM is interestedin having the services

Edge: Tigers

Well, the 3-game series between the Twins and Tigers was kind of a big deal around these parts - maybe more so for Twins bloggers like myself than for Tigers bloggers - but it was a pretty highly anticipated series for this time of year. Considering that the Tigers are the best team in baseball right now, and the Twins had won 34 of 42 coming in (including a sweep of the White Sox), some good baseball was expected.

And Friday, at least, didn't disappoint as far as quality baseball. Liriano was excellent for the Twins in his 8 innings of work, but the Twins couldn't get the job done offensively, the Tigers won it in 10 with a hit from Craig Monroe.

On Saturday, things went even worse for the Twins. Radke got into trouble early and was only able to go 3 innings, while the Twins didn't have quite enough offense in an 8-6 loss.

Sunday, it was looking like a lot more of the same, as the Tigers were in complete control through 7 innings and Jeremy Bonderman was on cruise control. But the baseball gods were smiling on the Twins in the 8th, as they scored 6 runs while basically hitting one ball really well (and that was with 2 outs and the Twins already having scored 4 runs). It was an inning unlike any I have ever seen.

Tigers fans may be over that game, but it was a really big game for the Twins, especially considering how the series had gone up to that point. They were in the process of undoing all the good they had done by sweeping the White Sox earlier in the week, and all of a sudden they make a comeback, and the Orioles come back to beat the Sox. Sure, bad news came when it was found out that the Yankees, the other big WC contender, got Bobby Abreu for basically one decent prospect, but as of now the Twins stand 1.5 behind the Yankees and 1 game behind the White Sox.

So at the end of the weekend, some things are clear:

• The Tigers are still the cream of the crop. Sure, the Twins have been the hottest team for a while, but the Tigers record is obviously no fluke. They're balanced offensively and they have the pitching. At the break I picked them to win the Wildcard and the Sox to take the division, but well, I was wrong. Tigers will win the Central.
  
• Right now, Francisco Liriano is the best pitcher in the League. I think the series showed that at this point, not even Johan is in his class. Liriano's an absolute joy to watch out there on his mound - he's got a great fastball, dominating slider, and developing changeup - and he's absolutely unflappable out there on the mound.
  
• With the Yanks pickup of Abreu and Lidle, I'm less optimisitic about the Twins chances to make the playoffs. Sure, they have the pitching, but that Yankee lineup is just unbelievable. Whenever they get Matsui back, it should be something to watch.

Twins stay home to take on Texas. Tigers travel to Tampa Bay.

See you in a week in Detroit.

Two Lawyers Among Five NFL Commish Finalists

It looks like Secretary of State Condoleeza Rice, who is otherwise occupied, will not be the next NFL Commissioner, contrary to earlier speculation. Nor did Forida Governor / First Brother Jeb Bush make the cut. Instead, the NFL announced today the following five finalists, including two lawyers:

ROGER S. GOODELL, 47, New York, N.Y. Executive Vice President and COO, NFL
GREGG H. LEVY, 53, Washington, D.C. Partner, Covington & Burling law firm
FREDERICK R. NANCE, 52, Cleveland, Ohio. Partner, Squire Sanders & Dempsey law firm
ROBERT L. REYNOLDS, 54, Concord, Mass. Vice Chairman and COO, Fidelity Investments
MAYO A. SHATTUCK III, 51, Baltimore, Md. Chairman of the Board, President and CEO of Constellation Energy

The owners will apparently make a final decision from among these candidates between August 7 and 9. While handicapping the decisions of NFL owners is always a risky measure, the smart money would seem to be on non-lawyer Goodell. While current commissioner Paul Tagliabue held the same job as Covington partner Gregg Levy when he was appointed back in '89 (that is, principal outside counsel for the NFL), Tagliabue's appointment came at a different time for the NFL. The league had recently emerged from a major intra-league antitrust case (USFL v. NFL), which Tagliabue successfully defended (in the sense that the jury's verdict was a rather meager $1). The '80s were also a divisive time for labor relations in the NFL. A tough litigator like Tagliabue was the obvious choice at that time. But in today's era of labor peace and market dominance, a tough litigator may be make less sense than a business insider with a public relations background. Mr. Nance, Lebron James' lawyer, might trouble some owners because of his player-side experience (although the line between Lebron and the NBA as a league has certainly faded, and Mr. Nance does have some experience representing the Cleveland Browns). Shattuck and Reynolds, while certainly savvy boardroom leaders, would appear to lack the sports industry experience that usually inspires confidence.

GOOD WEEKEND FOR SPANISH SPORTS

Good weekend for Spanish Sports. The highlight was the 2-1win over Scotland in the final of the U/19 EuropeanChampionships.Great stuff, hopefully this will feed into the Top NationalSquad with future talented playersSpanish 3 time road World ChampionOSCAR FREIRE won today theHAMBURG CLASSIC.The course was 243km & he did itin 5h30mCurrent F1 World Champion FERNANDO ALONSO finished5th in the German

The Law, Politics, and Linguistics of Fantasy Sports

Tim Lemke of the Washington Times has an excellent piece on how courts and Congress may address the growth of fantasy sports ("Licensing Case Could Hurt Rotisserie Sports," 7/29/2006). As also discussed recently by Geoffrey Rapp and Greg Skidmore (Geoff's post; Greg's post), Major League Baseball, which requires fantasy sports operators to obtain a license to use MLB statistics, is scheduled to go to trial on September 5 in a federal case against CDM Sports, a fantasy sports operator that claims that statistics generated by MLB players and teams should be useable without MLB's permission. In other words, CBC and MLB disagree on whether MLB has intellectual property rights in publicly-available statistics. Significantly, this is a case of first impression for fantasy sports, and should a holding eventually emerge (i.e., if the parties don't settle, which they probably will), it would have precedential value.

Considering that more $4 billion is spent annually on fantasy sports--with fantasy football and fantasy baseball leading the way--leagues obviously have an interest in obtaining as much fantasy sports revenue as possible. So what legal arguments can they use to obtain that revenue? Here are a few arguments, each with its own set of flaws:

1) Statistics generated purely by league activities (i.e., the playing of games), comprise legally-protected league work product.

2) Fantasy league operators are using statistics not for a newsworthy purpose, but rather to profit off of them, and to do so with neither obtained consent nor payment made. There is precedent for this reasoning: baseball card companies and videogame companies must pay a fee for the use of team logos/colors/statistics etc., just as they must pay a fee for player names/images/statistics etc.

3) One might analogize league required licenses for commercial use of statistics to how movie and music industries require licenses in order to prevent pirated products.

Lemke also discusses how a recent effort by Congress to curb online gambling has exempted the fantasy sports industry. Specifically, in all three bills introduced in the 108th Congress that seek to prohibit Internet gambling (H.R. 21, H.R. 2143, and S. 627), the definition of “bets and wagers” excluded two types of activities: 1) certain financial instruments (stocks, commodities, derivatives, and insurance products) and 2) fantasy sports leagues.

Lemke interviews Christine Hurt and me for the political portion of story:

Why the exemptions?

"It makes passage more likely," said Michael McCann, an assistant professor of law at Mississippi College who specializes in sports law. "Most people like fantasy sports. It doesn't have that moral stigma that betting does. Fantasy sports can be just as addictive, but there's not as much outrage."

Supporters of the exemption argue fantasy sports are considered games of skill, but that characterization has angered some fans of online poker, who have pushed for their own exemption on the grounds their game is equally independent of luck.

The Senate could take up the online gambling bill when it reconvenes in September, but whether it will be passed into law is still unclear.

Perhaps the biggest reason for the fantasy sports exemption is that sports leagues, which have often railed against gambling because of its potential influence on the outcomes of games, have actually created and hosted their fantasy games, seeing them as a major part of what drives interest in their sports.

"Fantasy sports does not hurt the integrity of the sport, because it would almost be impossible to rig every game to make as much money" as straight betting on games, said Christine Hurt, a law professor at the University of Illinois who has examined Internet gambling laws. "Your success or failure doesn't depend on one team." But, she added, "if you're talking about the impact on the gambler, there's not that much of a distinction."

There's another portion of this topic to consider: the very use of the word "fantasy," almost as if
fantasy sports are somehow make-believe, even though real money is often used.

So what then distinguishes "fantasy" sports from online "gambling"? There are probably several things, including:

1) Fantasy sports are often more about staying in touch with friends and winning grudge matches than about making money; the subjective value of beating your friends in fantasy football is probably more valuable than the few hundred bucks you might make.

2) Some fantasy sports leagues do not involve money changing-hands, and are thus clearly not gambling in any way.

Any other thoughts about fantasy sports? Are they, in fact, "sports," much like poker or spelling bees are now apparently sports?

Where will Alfonso Soriano go?

After hearing last week that deal that would send Soriano to the White Sox was "extremely close," we've heard just about nothing on the subject. Oh sure, there's still teams interested, but no word on what offers might be out there, or who the favorite to get him would be.

According to Jason Stark, there's really only 4 teams that are still in the market to get Soriano - the Angels, Twins, Dodgers, and Astros.

So which of those teams seems likely to pay the triple-retail price Bowden has yet to waver on? Uh, none of the above. But multiple sources all over the sport now say it's 100 percent certain Soriano will be traded.

Oh. That really clears it up.

There's really only a couple of things we know at this point - that the Nationals really want to trade Alfonso Soriano, and that they're asking for everything but the kitchen sink. And maybe even that.

I'm pretty sure that if the Twins would be willing to give up top prospect Matt Garza, they could land Soriano, but they're reluctant to do that. Which is a notion that I support entirely, because Garza is really good, and could very possibly help the Twins this year. The Twins have other solid pitching prospects that they could possibly deal, but unless Bowden dramatically lowers his asking price, they won't get it done.

Which leaves the Angels, in my mind, as the frontrunners. I've heard rumors that the Angels might looking at something like Ervin Santana and Erick Aybar for Miguel Tejada, but I still think Miggy will be staying put in Baltimore. Which would leave Soriano as the main target for the Angels. And make no mistake, they have the big-time names that make them capable of pulling off this deal (Howie Kendrick, Brandon Wood, etc.) The hangup, of course, is that Angels GM Bill Stoneman is a lot like Terry Ryan in that he's reluctant to trade top prospects.

So what does all of this mean? Well, I don't know, maybe nothing. Maybe the Nats will hang onto Soriano and we'll all be left wondering why no deal got done. But if I was a betting man, I'd put my money on Alfonso Soriano wearing an Angels uniform at this time next week. But at this point, it's all guesswork.

Playing for Peace: The Power of Basketball to Promote Peace

ESPN's Chad Ford--who is also a professor of international cultural studies at BYU-Hawaii, with a J.D. from the Georgetown University Law Center and an M.A. in conflict resolution from George Mason University--has two excellent articles on Playing for Peace, a non-profit organization founded in 2001 that uses the game of basketball to unite and educate children and their communities. The core idea of Playing for Peace is that when kids play basketball, they learn to work together on the court, and that makes them more likely to work together off the court. As a result, children from different and opposing demographic groups learn to view "the other side" with less fear and more objectivity. As they mature, they will hopefully continue to feel that way, thus making peace between the groups more likely. The program has been implemented with success in South Africa and Northern Ireland, and was instituted in Israel and the West Bank in December 2005.

Chad traveled to Israel back in May to see how well Playing for Peace had improved relations between Israeli and Palestinian children. Check out this ESPN article and an excerpt from Chad's Willamette Law Review article for more--they are must reads. The law review article is from the same Willamette Law School symposium on the Future of Sports Law that Chad, Rick Karcher, and I were a part of back in March.

Also, Playing for Peace will be featured tomorrow (Sunday, July 30) on SportsCenter and Outside the Lines. Check out both on ESPN. Particularly considering the current turmoil in the Middle East, any ideas for peace should be given serious consideration.

Top 50 Earning Athletes in the United States

Jonah Freedman of Sports Illustrated has compiled a list of the top 50-earning athletes in the United States. Not surprisingly, Tiger Woods leads the way, although the size of his most recent annual earnings may startle you: $97.6 million, or twice as much as what the #2 person on the list, Phil Mickelson, earned in the last year ($46.0 million). These figures include winnings, salaries, endorsements, and appearance fees. In his career, Woods has earned over a half-billion dollars; he could earn well over a billion dollars by the time he retires from golf.

Here are the top earning players from each league/sport, and their most recent annual earnings figure (salary, endorsements, and appearance fees):

• PGA: Tiger Woods, $97.6 million
  

• NBA: Shaquille O'Neal, $34.0 million

• NFL: Carson Palmer, $31.6 million

• MLB: Derek Jeter, $28.0 million

• NASCAR: Dale Earnhardt, Jr., $25.8 million

• Tennis: Andre Aggasi, $24.6 million
  

• NHL: no NHL player is on the list

Does David Dunn, Carson Palmer's agent, deserve an award or what? No offense to Palmer, an excellent quarterback for the Bengals, but does he really deserve to be the highest-earning NFL player? What about Tom Brady or, I suppose, Payton Manning? But Dunn negotiated a 9-year, $119-million extension for his client, and that deal included $24 million in up-front bonus money.

REAL MADRID ¿VAN NISTELROOY A BARGAIN?

RUUD VAN NISTELROOY was presented this evening as thenew forward for REAL MADRID.His ex-club Manchester United expressed all day that he wasgiven premission to travel to Madrid, but still had´nt cometo an agreement with Real for the players transfer.Well check this picture out.The final price was 15,000,000€ & a 3 year contract. ManySFS readers have commented that its a bargain.¿Whats your

SPANISH FOOTBALL. THE PIECES FITTING TOGETHER FOR THE NEW SEASON

RUUD VAN NISTELROOYis in Madrid doing hismedical checks, before beingpresented as the new forwardfor REAL MADRID.The presentation is schedulefor 19.00 (Sp.Time) at theBernabeu Staduim in frontof all the media ROBERTO CARLOS ( & all theReal Madrid Brazilians ) is backat work with his club in the pre-session training workout inAustriaHe has confessed to his Brazilianteammates that he wishes to

CYCLING.SPANIARD OSCAR PEREIRO WILL BE DECLARED THE NEW TOUR DE FRANCE WINNER

Spaniard OSCAR PEREIRO will be declared the "new"winner of this year´s TOUR DE FRANCE after theAmerican Floyd Landis screened "positive" in a doppingtest. The cycling world is awaiting the contra-test ( atype of 2º back up test) results, but it is highly unlikelythat the result will be any different.In declarations to Spanish media, Oscar, has said that helaments this situation, as he does´nt

Interview with a Tigers fan

At one point I declared Ian from Sweaty Men Endeavors to be my superior in all things, and for one day at least, he will take over this blog.

With the Twins and Tigers starting a 3-game series today in Minnesta, I have asked Ian 5 questions I wanted to know about the Tigers, and he asked me 5 questions about the Twins (which you'll be able to see at his blog). So alas, here they are, helping you learn a little bit more about those MLB-leading Tigers.

Me: What's the single biggest reason for the Tigers surge from middle-of-the-pack to best team in baseball?
Ian: Pitching, pitching, pitching. Virtually every night, the Tigers get a quality start, so even when the lineup needs a few innings to put some runs on the board, they're still in the game. I think the starters also benefit from knowing they only have to go about six innings before the game is turned over to the bullpen, and those guys don't give up the lead very often. The whole staff is pretty relentless on the opposition. Just when those hitters think they might have Kenny Rogers figured out for their third trip to the plate, here comes Joel Zumaya firing rockets. The bullpen can give hitters a different look each time they're up. Considering how poor the pitching has been in Detroit over the years, it's really been amazing to watch.

Me: Should the Tigers make a big move and acquire a guy like Alfonso Soriano, Bobby Abreu, or Carlos Lee?
Ian: You know, I might be in the minority on this, but I lean toward the "If it ain't broke, why fix it?" mindset. It's not so much that I don't want to see the Tigers give up top pitching prospects, because that's one reason you build up that kind of commodity. And Dave Dombrowski's done a great job of keeping that pipeline fresh. The Tigers have just been playing so well that you almost can't imagine they could get better.

Yet there's also the side that says you have to go for it when you get the chance. Between the development of the younger players and the solid play from the veterans, everything's come together so well this season, and there's no guarantee it'll happen again. These windows don't stay open very long, so if the Tigers have a chance to make themselves a better team, one that contends for a championship, then they absolutely should do it. Even if it costs them a piece of the future. Abreu seems like he'd be the best fit with his left-handed bat, speed, defense, and on-base percentage. Yet Soriano - who's been the hot name, because you know Washington wants and needs to trade him - would be leading the team in virtually every offensive category if he were here.

Ultimately, I think the Tigers will make a move that looks underwhelming on paper - bringing in a Matt Stairs-John Mabry-David Dellucci type of player - but will fill an important role for the Tigers, giving them a left-handed bat that Leyland can shuffle among the corner outfield spots and first base.

Me: Todd Jones has struggled a bit this year, while younger guys like Joel Zumaya and Fernando Rodney have been more consistent? Who should the Tigers closer be?
Ian: I know Jones has taken a lot of flack from fans because it's never easy with him and he doesn't inspire a lot of confidence when he comes in for the ninth inning. But he's been very good lately, getting a lot of 1-2-3 innings, while lowering his ERA and WHIP numbers. Meanwhile, Rodney's been shaky and walking a lot of hitters. Many people think something's wrong with his mechanics. I think it was Michael Rosenberg of the Detroit Free Press who said Jones is simply best suited for the ninth inning because he relies on fooling hitters and getting them to make contact. If the bases are loaded with one out in the seventh, Jones won't come in and strike out the next two batters, which is what you need in that situation. That's what Zumaya does.

Sabermetricians have often said that managers shouldn't just save their best relievers for the ninth inning, because that's not always when they're needed most, and Jim Leyland is proving them right. As silly as this might sound, the Tigers would waste Zumaya if they only used him as the closer. He helps the team more in his current role, striking out batters in tough situations, or going two innings when needed. Some of Jones' saves might come after three fly balls caught on the warning track, but he somehow gets those last three outs.

Me: If the Tigers make the playoffs, who should get the ball in Game 1?
Ian: If the playoffs started next week, I'd make Justin Verlander the guy for Game 1. He's been the Tigers' best starting pitcher lately. His last six starts have been dominant. But there's a lot of concern about him eventually breaking down as he pitches more innings than he ever has before. Kenny Rogers might make the most sense, in terms of experience, but history says he's not very good in the second half of the season.

So that leaves Jeremy Bonderman. He's the best combination of experience and youth, with the kind of stuff that can mow down a lineup early in a game and set a tone for the rest of the series. And if he didn't work out, then you can bring in a veteran like Rogers to start in Game 2 and hopefully provide a steadying influence for the pitching staff. Jim Leyland has a lot of options to play with for a seven-game series. It's exciting to think about.

Me: Who's winning the AL Wildcard (be honest)?
Ian: At this point, it's hard to pick against the Twins. They looked dead in April and May, but very quietly (at least from Detroit's vantage point) began to make a run. And it was like people began tapping each other on the shoulders, saying "Hey, do you see what Minnesota is doing?" Then the Twins were like that horde you could see a few miles away on the horizon. What is that? Are they coming? We'd better get ready. But now, after sweeping Chicago, the day many of us anticipated has finally arrived. They're tied with the White Sox, right behind the Yankees in the wild-card standings, and to the Tigers fans that have been paying attention, the Twins look scary as hell - especially with that starting pitching.

Having said all that, however, I'm still going with the White Sox. I know they've been in a tailspin since the All-Star break, and their starting pitching - especially Buehrle and Garcia - looks messy right now. But to me, they've been the best team in the AL Central from the beginning. I still can't believe they're as far behind the Tigers as they are. I almost have to slap myself each time I look at the standings. And if Kenny Williams can make a big deal at the trade deadline - something he's been very good at in the past - I think they'll turn things around and get right back in this. Not that they're out of it, of course. It's more like they fell back into a race with the Twins and Yankees. And it's going to be fun to watch for the rest of this season.

Friday's game starts at 7:10 CDT.

Ex-NBAer Mashburn sued for golf injury

One-time Miami Heat basketball player Jamal Mashburn (who retired from basketball in March after he was waived by the 76ers), has been sued by a Florida man who claims Mashburn failed to shout “fore” or provide any warning before hitting a golf ball in the man’s direction. The plaintiff claims to have suffered serious injury.

Mashburn developed an interest in golf at the University of Kentucky. At least that’s what he told the Charlotte Hornets, as reported in a puff piece “Getting to know . . . Jamal Mashburn”:

"I'm a big-time golfer," Mashburn said in reaction to what he likes to do off the court. "I started playing when I was in college. They turned me on to that at the University of Kentucky."

"It was either that or horses," Mashburn continues, grinning as he recollects. "I didn't get into horses, so I got into golf." Golf is just one of his hobbies.

The lawsuit gets coverage here, here and here. The basics:

Jerome Crance was hospitalized on three separate occasions after the ball struck him in the eye, his lawyer Dennis Koltun said Tuesday.

The lawsuit was filed Monday in Miami-Dade Circuit Court and seeks an excess of $15,000 in damages.

Crance and Mashburn, who retired from the NBA after an injury last year, were both playing golf at the upscale LaGorce Country Club in March 2005. Crance was teeing off on the 17th hole when Mashburn hit a shot off the 18th hole that struck him in the eye, the lawsuit said.

Mashburn didn't yell "fore" when he hit the stray ball and failed "to give any warning whatsoever," the lawsuit said.

Koltun said his client suffered serious injuries after the incident.

"He's permanently lost vision in one eye because of a detached retina," Koltun said.

The Hawai’i Supreme Court rejected a similar case earlier this year, as I discussed in this post. In Florida, the issue of a golfer’s ability to recover from a co-participant was squarely addressed by an appellate court over thirty years ago. In Rindley v. Goldberg, 297 So.2d 140 (Fla. App. 1974), a golfer sued after she was hit by a ball struck by another member of her foursome. The court was able to resolve the dispute in just three paragraphs: “Viewing the above facts in the light most favorable to the party moved against, we conclude therefrom that plaintiff’s injury was a result of the certain obvious and ordinary risks of the sport of golfing which she assumed as a member of a golfing foursome with full knowledge of the normal dangers of participating therein.” Perhaps the plaintiff is hoping Mashburn will offer him some money as a nuisance settlement, since the Rindley case would seem to doom his litigation.

The plaintiff might find some solace in a somewhat more recent case in which a golfer (at a Par 3 course) hit a ball which ricocheted back and hit him in the eye. In that case, Potter v. Green Meadows, Par 3, 510 So.2d 1225 (Fla. App. 1987), while denying defendant summary judgment on an express assumption of risk theory, the court implied that it might not extend the contact sports rule on assumption of risk to golf ("There is no evidence of an express covenant not to sue in this case and golf is not generally recognized as a "contact sport.'").

I wonder if Mashburn is wishing he'd taken up horses at UK instead...

VAN NISTELROOY HEADS TO REAL MADRID & AIMAR LOOKING FOR ZARAGOZA

Spanish daily "AS" has put the news out, although it hasnot been "officially confirmed, Dutch International &Manchester Utd forward RUUD VAN NISTELROOY willbe transferred today to REAL MADRID.The deal is a 3 year contract & the price 15,000,000€. He will bepresented tomorrow to the media & will join his new teammatesin Austria next week.NEWS FLASH ( 20.39) Confirmed Nistelrooy signed!!will be

About those Detroit Tigers...

After the Twins sweep of the White Sox, they now stand 8.5 games out of the division lead, and are tied with Chicago for 2nd in the Central. As of this writing, the Twins have won 34 of 42 games, but have hardly been able to make up any ground in their division. The reason? Right now, the Detroit Tigers are the best team in baseball.

Yes, those same Detroit Tigers that lost 119 games in 2003. Yes, those same Detroit Tigers that I predicted to finish 4th in the division. They're 68-33, the best record in baseball.

So what's the biggest reason for the big turnaround? Well, we'll here from the Detroit expert on this blog tomorrow, but I can make some guesses as well as take a look at the upcoming series between the Twins and Tigers. The biggest reason in my mind for this Tiger resurgence was the quick improvement of the young pitching. Justin Verlander is obviously a strong candidate for the ROY, but Jeremy Bonderman has arguably been the better pitcher this year. Kenny Rogers is famous for his 2nd-half fades, but he was very solid in the first half. Zach Miner and Nate Robertson have also done their part.

In the pen, Joel Zumaya has been the big story. The rookie fireballer has a sub 3.00 ERA and strikes out over 11 batters per 9 innings. Which is nice.

Offensively, they seem to have had a pretty balanced attack. Granderson is a very solid leadoff hitter, and while Mags and Pudge have been solid in the middle, Guillen has been the team's best hitter so far, and is really one of the underrated players in the MLB.

Anyway, we'll hear more about the Tigers tomorrow, so let's just look at the pitching matchup for the 3-game set that starts Friday:

Friday: Zach Miner (6-2, 4.07 ERA) vs. Francisco Liriano (12-2, 1.93 ERA)

Saturday: Nate Robertson (9-6, 3.70 ERA) vs. Brad Radke (9-7, 4.74 ERA)

Sunday: Jeremy Bonderman (11-4, 3.66 ERA) vs. Johan Santana (12-5, 3.05 ERA)

SPANISH FOOTBALL TRANSFER NEWS

REAL MADRID presented officially its new Brazilian midfielderEMERSON to the Spanish media. Good to see a smile on theman´s face.Keeping in line with the same team, Real will make a25,000,000€ bid for LIVERPOOL midfielder & SpanishInternational XAVI ALONSO. Xavi has said he is happy atLiverpool , but also has´nt hidden his wish to "someday"play with Madrid.The much desired Brazilian, KAKA,has said

Excitement of USA Basketball.

First, I want to thank Rick Karcher and Michael McCann for inviting me to be a guest. After several days of trying to log on, I finally listened to and followed Michael's instructions and was able (hopefully) to make a post. While its tempting to post a comment on the on-going issues concerning anti-doping, it seems the resurrection of the USA Basketball team recently is a new, fresh topic for discussion.

Depending on your age, you probably recall the first "Dream Team" that went to Barcelona and walked through the 1992 Olympics on its way to the gold medal. Once the U.S. got comfortable that these "professional" NBAers could play on the Olympic team, the only remaining issue was how to allow the athletes wear uniforms, shoes, and other gear that was not made by the compaines that were sponsoring them.

Over the past few years, a combination of the world players catching up to the our talent and what appears to be us taking the Olympic and World Championships victories for granted has resulted in poor (in comparision) results. (what other factors contributed to our decline?)

Now, with the recent headlines, it looks as if USA Basketball has made a firm commitment to obtain a cohesive team put together well in advance of the Olympics under a Coach (Coach K) who will focus on the game as played in international competition.

Whole lot of legal issues such as player likeness, injuries, sponsors, drug testing, etc....any thoughts?

(For those that do not know, those athletes who are not normally subject to drug testing standards set out by WADA (such as those that fall under a CBA) are subject to the WADA rules prior to the Olympics and World Championship games including the USA Basketball team currently put together).

Harold Reynolds Fired: Is Sexual Harassment Situational or Dispositional?

Neil Best of Newsday writes about Harold Reynolds' surprising firing from ESPN--allegedly because of a sexual harassment complaint filed against him--and in the process, suggests that sexual harassment is a significant problem at the network:

Harold Reynolds, one of ESPN's most visible analysts and a longtime panelist on "Baseball Tonight," has left the network in the wake of one or more incidents of sexual harassment.

Three people who work at ESPN and were familiar with the case said the cause was a pattern of sexual harassment, apparently culminating in a recent incident involving one of the network's young production assistants . . .

Harassment charges are nothing new at ESPN, which operates out of a sprawling "campus" in relatively isolated Bristol, Conn., and employs many production assistants in their early 20s. The network has an extensive program of education and sensitivity regarding gender issues and an elaborate system for pursuing claims of sexual harassment.

Keith Olbermann of MSNBC, a former ESPN host, told The New York Observer in 2004 he had testified in "three or four major cases at ESPN."

Among the prominent ESPN personalities accused of improper behavior in the past is Mike Tirico, who will debut as the play-by-play man for "Monday Night Football" in the coming season. He was suspended by ESPN in 1992 for what were reported at the time to be allegations of sexual harassment. Another host, Jason Jackson, was fired in 2002, reportedly for harassment.

If these accusations are a true--a big "if" since we've seen no evidence in a court of law--what do they suggest about the power of workplace "situation" on the behavior of employees? In other words, to what extent do the workplace circumstances in which ESPN anchors find themselves--being famous ex-jocks or sports guys around young women in a college campus-style setting--cause or encourage some of them to do really stupid things? Has ESPN created a workplace enviroment akin to a male locker room, or is this really about the individual wrongdoers and not about their workplace?

Note: please see update from 10/31/2006: Harold Reynolds Sues ESPN for Wrongful Termination

USA Traveling Roster cut to 15

As we get closer to the World Championships, the USA Roster was cut to 15, and will later be cut to 12. To get it down to 15 they dropped Luke Ridnour, Adam Morrison, and Shawn Marion (who was hurt). That leaves this group left.

Guards
Chris Paul
Dwyane Wade
Gilbert Arenas
Joe Johnson
Kirk Hinrich

Forwards
LeBron James
Carmelo Anthony
Chris Bosh
Bruce Bowen
Elton Brand
Shane Battier
Antawn Jamison
Amare Stoudemire
Dwight Howard

Centers
Brad Miller

3 players will be trimmed from the roster to get it down to 12. If I was in charge, I'd probably keep Amare Stoudemire, Shane Battier, and Gilbert Arenas off the roster. There has to still be some concerns about Stoudemire's knee, which is why he'd be off. Batter is solid, but he does the same things well that Bruce Bowen does well, only Bowen is probably a little better. Arenas is tough to leave out, but I'm not sure he fits in too well. The're probably looking for a backup PG (assuming you put Chris Paul at starter), and I think Hinrich fits the role better. He's not as good of a shooter as Arenas, but he's a better defender.

That would leave a starting lineup that looks something like this:

PG Chris Paul
SG Dwyane Wade
SF LeBron James
PF Elton Brand
C Dwight Howard

That actuall bears a lot of similarity to some other team, which really displays the talent of the club.

Off the bench, you'd have shooters (Joe Johnson, Kirk Hinrich, Bruce Bowen)), scorers (Carmelo Anthony), versatile guys (Johnson, Chris Bosh, Antawn Jamison), defenders (Hinrich, Bowen), and big man depth (Bosh, Brad Miller). Just a nice, well-rounded team. If you're more concerned with having a scorer than defender off the bench in the backcourt, you could take Gilbert Arenas over Kirk Hinrich. With Coach K and the rest of the coaching staff, I think Team USA is in good hands.

In other basketball news, according to the reports, Billy Kings has said that Allen Iverson is staying put in Philadelphia. That sound you hear is a loud sigh of relief for me. First off, it's hard to trust Billy King to get a fair deal for Iverson. Sad, but true. Second, when you have a guy that averages 33 points and 8 assists per game and wants to play there and plays his hardest every night (ok, he takes the occasional practice off, but that doesn't take away from how he plays in the game), it's just not a good idea to trade him. It's not Iverson's fault that King has surrounded him with all the wrong players.

Good Info on Law Career Blog re: LL.M. Degrees

Slightly off topic, but likely of use to some readers: I periodically receive e-mails and questions about the benefits of obtaining an LL.M. degree, or a masters degree or a Ph.D., as well as inquiries about going on the tenure-track law professor market. For some great information on these and other topics, please check out Law Career Blog, which is run by my good friend and colleague, Gregory Bowman. Here are the relevant posts: Pros and Cons of LL.M. Part I, Part II, and Part III.

More on "Donated" Sneakers, Brand Loyalty, and Title IX

In the last couple of weeks, we've discussed how shoe companies are arguably manipulating children by "donating" high-priced sneakers to young basketball players as a way of building brand loyalty, and also how by only donating to boys, they may be inducing schools to violate Title IX (see The Salivating Army and Justin Jenifer post).

There are two more great stories on this topic. One is by Rachel Bachman of the Portland Oregonian ("Shoe deals sidestep rules on equality in schools," June 12, 2006, archived). She details possible Title IX infractions and interviews a number of key people involved, including a surprisingly-forthcoming Tony Dorado, Nike's national manager for high school basketball, and Tulsa Law professor Ray Yasser, who has handled over 40 Title IX cases:

Hoping to curry favor and associate themselves with budding sports stars, usually in basketball, companies give shoes and gear to high school teams. Nike, Adidas and Reebok sponsor about 300 high school basketball teams nationwide, a widely accepted practice that merely rewards the best programs, some coaches say.

But experts say that when a school accepts free goods for a team of one gender while providing nothing for a team of the other gender, it is breaking the law. Title IX bans sex discrimination in schools, whether in the classroom or sports. And although most high school officials grasp the need to provide equal opportunities and facilities, the issue of private donations to sports teams remains misunderstood.

"The school has an obligation under Title IX to provide equal benefit,"said Linda Carpenter, professor emerita at Brooklyn College and co-author of a book on Title IX. "So if the guys' team receives benefit from Nike in the form of shoes, bags, etc., then an equal proportion of the women's program needs to receive similar benefit."

At many schools, that is not happening. About 75 percent of the high school teams sponsored by Nike, the national leader in basketball-shoe sales, are boys teams, said Tony Dorado, Nike's national manager for high school basketball. That figure is driven by a market in which boys buy far more basketball merchandise than girls do, Dorado said . . .

Nike's goal in sponsoring high school teams is to identify with the nation's best programs and players and boost sales of gear to schools' nonsponsored teams, Dorado said. The idea is to build brand loyalty, and the jackpot is when a player on a sponsored team reaches the NBA, signs an endorsement contract and helps the company sell millions of shoes.

Ray Yasser, a law professor at the University of Tulsa, said he has worked with the Schiller Law Firm of Cookeville, Tenn., to handle about 40 Title IX cases. All of them have settled favorably for the plaintiffs, Yasser said. The issue of schools accepting shoe-company donations for only one gender has come up before, Yasser said, but has not become public because none of his cases went to trial. "The irony of the shoe thing is, every time we've done it, we've raised it, all I had to do is ask the shoe companies," Yasser said. "And if they're giving shoes to the boys, they'll give them to the girls. They're further ahead of the curve than some of the administrators are."

Here's another great piece: Bob Hohler's stunning exposé in the Boston Globe on independent coach/recruiter Thomas J. ``TJ" Gassnola, whose tactics in building "brand loyalty" have earned him a notorious and feared reputation ("$neaker War," July 23, 2006). Check out how Hohler's piece--the first of an of an excellent three-part series on youth basketball and marketing--begins:

A brazen foot soldier in a multibillion-dollar war between sneaker makers for the soles of America's youth, Thomas J. ``TJ" Gassnola has peddled basketball dreams to inner-city adolescents across New England despite a lengthy criminal history and prodigious legacy of financial delinquency.

The face of youth basketball in the region for Adidas, Gassnola is a free-wheeling recruiter whose tactics often have clashed with rules set by the National Collegiate Athletic Association to protect amateur athletes who aspire to careers in college sports. Some of his practices underscore the inability of the NCAA and other watchdog agencies to adequately police abuses in summer youth basketball.

A Globe investigation of the sneaker industry's influence on youth basketball in New England found that Gassnola has handed cash to members of his Adidas-sponsored summer travel teams for expenses unrelated to basketball. Several parents of elite players said the Springfield-based recruiter offered them free airfare or Adidas merchandise while pursuing their sons, and another parent said he interpreted Gassnola's sales pitch to mean the recruiter would provide his son improper financial aid. NCAA rules bar amateur players from receiving anything but ``actual and necessary travel, room and board, and apparel and equipment for competition and practice."

The Globe also witnessed Gassnola drive his teenage players in several states, even though his Massachusetts driver's license has been revoked or suspended 24 times and was not valid from 1993 until last month.

It seems like there's a movement afoot to clean up youth basketball, with the first step being exposing what's really going on. Then again, did Hoop Dreams (one of my favorite two or three films of all time) generate any reforms?

SPANISH FOOTBALL. DECLARATIONS & PRESENTATIONS

FERNANDO TORRES made his 1º comments to the pressafter his summer break: "I want to stay at Atletico". Seemscrystal clear & this should shut all the rumours concerning aManchester Utd. move.FABIO CANNAVARO was officially presented as a REALMADRID player today to the Spanish press. Next to followwill be Brazilian EMERSON.VALENCIA & ATLETICO DE MADRID have come to averbal agreement to transfer

New Sports Law Scholarship

New this week:

Sabrina Bosse, Casenote, Is the price of victory just?: Attorney's fees, punitive damages, and the future of Title IX in . . . (Mercer v. Duke University, 401 F.3d 199, 4th Cir. 2005), 13 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 319 (2006)

Jackie J. Cook, Casenote, Determining who wears the pants in thoroughbred horseracing (Albarado v. Ky. Racing Comm'n, 2004 U.S. Dist. LEXIS 16378, W.D. Ky. July 20, 2004), 2004 THOMAS M. COOLEY LAW REVIEW 635 (2005)

Casey N. Harding, Casenote, Nickel and dimed: North Carolina court blocks Carolina Panthers' attempt to avoid payment of workers' compensation benefits to injured athletes (Larramore v. RIchardson Sports Ltd. Partners, 540 S.E.2d 768, N.C. Ct. App. 2000, aff'd 546 S.E.2d 87, N.C. 2001), 28 NORTH CAROLINA CENTRAL LAW JOURNAL 241 (2006)

Matthew Levine, Comment, Despite his antics, T.O. has a valid point: why NFL players deserve a bigger piece of the pie, 13 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 425 (2006)

Sue Ann Mota, Title IX after thirty-four years--retaliation is not allowed according to the Supreme Court in Jackson v. Birmingham Board of Education, 13 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 245 (2006)

Brian R. Moushegian, Comment, Native American mascots' last stand? Legal difficulties in eliminating public university use of Native American mascots, 13 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 465 (2006)

Phil Kessel: Getting Help from a Family Friend or Representation by an Agent?

But you say he's just a friend.
But you say he's just a friend.
--Biz Marke, from his sublime 1988 song "Just a Friend"

It's not too often when I can invoke lyrics by the great artist, Biz Markie, but they come to mind when reading about the Boston Bruins' contract negotiations with first round draft pick Phil Kessel, a rising sophomore at the University of Minnesota, and Kessel's "family advisor," Wade Arnott.

Here's the deal: although Wade Arnott is an NHLPA certified agent--and a well-respected one at that--who works for the sports agency Newport Sports Management, he is not acting as Kessel's agent in Kessel's contract negotiations with the Bruins.

Rather, he's acting as Kessel's "family advisor" or "family friend."

What's the difference? Well, possibly two things: Arnott is not being compensated in any way by Kessel, and there is no contractual relationship between the two. But those may only be illusory distinctions: even if Arnott were Kessel's agent, his compensation would likely be derived by a 2% or 3% cut of Kessel's contract, and because it's expected that Kessel will sign with Arnott as a client right before he signs with the Bruins as an employee, Arnott will still get that cut as a friend. Moreover, Kessel, like any player, can likely drop Arnott at any time, for any reason, with or without a contractual relationship (meaning the existence of a contractual relationship may not be meaningful).

So why the difference? By Arnott being labeled a "family advisor" or "family friend," Kessel can maintain his NCAA eligibility. So if Kessel's contract talks with the Bruins were to fail, he can return to the University of Minnesota and play there in the 2006-07 season. In contrast, if Kessel were to formally sign with Arnott, NCAA rules dictate that he would immediately forfeit his collegiate eligibility.

While I understand that this arrangement bolsters the negotiating power of amateur players, is the NCAA really fooling anyone by engaging in name semantics? If they are really worried about the undue influence of agents (a legitimate concern) why are they letting the very same agents get around the rules by acting as "family friends"?

THE TRANSFER BEAT GOES ON...

Spanish daily "As" has published that INTERMILAN President Massimo Moratti gave a call toREAL MADRID to see if Brazilian foward RONALDOcould come over to Inter.Real answered only if he was swapped for ADRIANO.Ronaldo´s transferability will depend on Fabio Capello´stalk with the forward. He only wishes 100% dedicatedplayers in the squad & not "Disco Dancers" ( my quote!) VALENCIA is going all out

NICE WEEKEND FOR SPANISH SPORTS

Spanish Sports has have a nice weekend & we are still awaitingtonights MotoGp - USA GP Laguna Seco - race results.The below picture just could´nt finish as it is , with OSCARPEREIRO wearing the "Yellow Jersey" in this year´s TOURDE FRANCE. Instead he finished 2º behind the winner FloydLandis (USA)Final Top standings:1. L. Floyd ( USA)2. O. Pereiro (SP)3. A. Kloden (GER)4. C. Sastre (SP)Spaniard

My New Law Review Article on Social Psychology, Calamities, and Sports Law

A draft of my article Social Psychology, Calamities, and Sports Law, 42 Willamette Law Review __ (forthcoming, 2006) is now available for download on SSRN for free, right beneath the article abstract. I hope you give it a read. Through social psychology, the article addresses such topics as the future of the New Orleans Saints; how the fear of catastrophic weather influences where players want to play; natural disasters and franchise relocation; the NFL pat-down policy and stadium security; and communicable disease and restrictions on scouting and player contracts. If you have any thoughts, I would very much welcome them by e-mail (mmccann[at]mc.edu), particularly since the article is only in draft form. Thanks!

World Poker Tour Target of Antitrust Case

With the World Series of Poker underway in Las Vegas, it's fitting that Dewey Ballantine attorney Jeffrey Kessler chose this month to launch an antitrust case against the World Poker Tour on behalf of champion players including Chris Ferguson and Howard Lederer. The AP's story is here, and the Poker Prof comments here.

The plaintiffs

argue that WPT Enterprises Inc. made them waive lucrative rights to use their images and names to promote products and video games before they could enter WPT tournaments. . . . [T]he suit accuses WPT Enterprises of "price fixing" and "group boycotts" by colluding with 12 member casinos to prevent players from entering tournaments unless they forfeit their rights.

Kessler, according to his firm's web site, "one of the most prominent sports lawyers in the country," brings significant professional sports antitrust experience to the case. And the sports law comparision is obvious, as Kessler emphasized:

Kessler said he has tried similar suits that have changed the way major sports businesses run, including the NBA and NFL.

"Imagine if they were to have said to John Elway in the NFL, 'Well we should just be able to use your image for any product or service that we want,'" Kessler said. "No professional sport has been able to get away with that and the same will be true with respect to the World Poker Tour."

Basketball Player Sues Yearbook After He's Indecently Exposed

A New Jersey high school basketball player has sued his school district and the editors of his high school yearbook after a yearbook photo appeared in which portions of his genitals were visible. The New Jersey Law Journal has the story:

Tyler Bennett of Colts Neck claims he suffered emotional distress because his genitals were partly visible in a basketball game picture in his 2001 school yearbook.

The suit says Colts Neck High School authorities acted slowly to suppress the yearbook, worsening the distress Bennett suffered as a senior the next year.

And there's a novel issue: Does the publisher of such a picture violate child pornography laws if publication was inadvertent?

So far, the answer to that question has been no. Indeed, the whole litigation has been a dud for the plaintiff. In 2005, a trial judge cited Bennett's lack of evidence of psychological harm and found no basis for a suit under the Tort Claims Act. On June 23, an appeals court affirmed the dismissal.

Undeterred, plaintiff’s attorney Steven Kessel notified his adversaries this month that he will seek review by the state Supreme Court. He is drafting an appeal that raises the issues anew and will set off a new round of defense briefs in the case, Bennett v. Board of Education, Freehold Regional High School District, Mon-L-4700-03.

High school athletes – like all athletes – assume certain risks when they take the court. Had Tyler Bennett been elbowed during practice, he would not have been able to recover (absent unusual circumstances). This case poses some interesting questions about the degree to which athletes assume the risk of other likely results of participating in high school sports. Here, does an athlete assume the risk that his private areas may be visible, and possibly be recorded and published by student journalists?

The most damning piece of evidence for the plaintiff?

The offending photograph, taken from a low angle, showed Bennett shooting a basket on a day he wore boxer shorts instead of an athletic supporter . . .

Hat tip to my colleague Howard Friedman for the link.

SPANISH FOOTBALL & TRANSFER NEWS

Spanish daily "Marca" mention that theREAL MADRID negotiations with Man.Utd for Dutch International RUUDVAN NISTELROOY may be finallyshut within the next 24-48 hours.Bayern Munich is in there fishingaround, but the player wants to playin Madrid.Man. Utd is obviously trying to get thehighest price possible & is negotiatinghard. I bet its using the Bayern card to try to beef up the price,but the

Handicapping the Heisman Hopefuls

Ok, so the college football season is still a while off... but in my opinion, it's never too early to start talking about college football. So I'd thought I'd like my top candidates for the Heisman, and what I predict their odds to be.

Brady Quinn (Notre Dame)
This one's pretty obvious. Quinn's basically the golden boy of college football right now, playing at Notre Dame under Charlie Weis. These are two very large pluses in his corner. Because all of Notre Dame's games are on TV, everyone in the nation will get to see him a lot. Playing for Charlie Weis is always a good thing for a QB, and Quinn showed last year. Maurice Stovall is gone, but Jeff Samardzija is back, and Darius Walker in the backfield means that teams can't just key on the pass. With Weis, one of the (if not the) best offensive minds in all of football, Notre Dame should have an extremely potent offense, all centered around Brady Quinn.
Odds: 2/1

Adrian Peterson (Oklahoma)
Peterson was bogged down by injury trubles and the fact that the Sooners had no passing game last year. Even so, he averaged 5.0 yards per carry and scored 14 TD. This year, as long as he can stay healthy, and Rhett Bomar can make some strides at the QB position, I expect his numbers will be closer to his 2004 campaign, where he rushed for 1925 yards as a true freshman. He'll be the center of the offense for a good team in a relatively weak major conference, meaning he should be able to gain lots of yards and score lots of TDs.
Odds: 3/1

Troy Smith (Ohio St.)
With the exit of Vince Young to the NFL, Smith becomes the top dual threat QB in all of college football. If Smith had started and played all of the Texas game, I think there's a very good chance that last season would have played out much differently. As it is, Smith is a great runner, but his passing is what improved all game by game. He finished the season very strong with good games against archrival Michigan and against Notre Dame in the bowl game, which should give him lots of momentum and confidence coming into the year.
Odds: 8/1

Ted Ginn (Ohio St.)
And now we see part of the reason that Smith is so dangerous... he has a pretty good target to throw to. Ginn is one of the most explosive receivers in college football, a gamebreaker in every sense of the word. As with Smith, we were reminded again of Ginn's big-play ability in the Fiesta Bowl, where Ginn caught 8 passes for 167 yards and a TD in addition to running for 73 yards and a TD. Wide Receivers typically have a hard time winning the Heisman, but Ginn is a possiblity because of his all-around explosiveness.
Odds: 12/1

Marshawn Lynch (California)
Playing in the same conference as Reggie Bush and LenDale White, he sometimes got overshadowed last year, but I don't think that will be a problem this year. He split carries with JJ Arrington his freshman season, but last year he got the ball more (almost 200 carries), and showed just how good he is. In only 196 carries, he ran for 1264 yards, or 6.4 yards per carry. He also ran for 10 TD. If Cal can get more consistent play from the QB position (which you wouldn't think would be a problem with Jeff Tedford), the Bears should contend for a Pac-10 title, which certainly helps Lynch's Heisman hopes.
Odds: 20/1

Brian Brohm (Louisville)
A heralded recruit coming out of high school, Brohm showed why last year. Leading a potent Louisville attack (RB Michael Bush is also a Heisman candidate coming into the year), Brohm is accurate (68.8 completion %), efficent (9.58 YPA), and makes good decisions (19/5 TD/INT ratio). If he can lead Louisville past West Virginia in the Big East, he could get a lot of Heisman hype.
Odds: 20/1

Chad Henne (Michigan)
Despite a disappointing season for Michigan as a team, Henne remained a constant in there for the Wolverines. In some circles, he was looked at as a little bit of a disappointment, but that's just because he set the bar so high for himself with an excellent freshman campaign. He didn't throw for as many yards last year as he did as a freshman, but he did improve his TD/INT ratio. This year, Michigan should be back on the map, as they are loaded with weapons. Michael Hart should be back and healthy (and he could be a Heisman contender as well), and Kevin Grady got a lot of experience in the backfield. On the receiving corps, Jason Avant is gone, but big play man Steve Breaston is back, as is Mario Manningham. With that offense, Michigan will be right back in the thick of things in the Big 10 with Ohio St. and Penn St.
Odds: 25/1

What's your early predictions?

Sign of the Apocalypse? Bill Belichick's Alleged Affair and The Boston Herald's Front Page

It might seem peculiar for someone who contributes to a sports law blog to question a major regional daily devoting nearly its entire front page to a sports and the law issue. But I ask that you to take a look at the front page of yesterday's Boston Herald:

Yes, Patriots coach Bill Belichick has been named as the dreaded "other man" in a messy New Jersey divorce case involving Sharon Shenocca, who worked as a receptionist for the Giants while Belichick was the team's defensive coordinator. According to Vincent Shenocca, his wife and Belichick have had a long-term extra-marital relationship, with Belichick buying her many gifts, including "expensive clothing, pocketbooks, watches, a treadmill and maid service” and he also allegedly flew her to be with him at Super Bowl XXXVIII, which the Patriots won. Vincent asserts that he has pleaded with Sharon to break-up with Bill (who separated from his wife Debbie last year), but she won't. So now Vincent wants to divorce Sharon, who might soon be spending more time with Bill.

I'm not sure that the late and great Aaron Spelling could have scripted a better story. And it's so interesting because it mixes a hugely successful sports figure with a soap opera scandal. I know I read the story--which was a Herald scoop--with great interest (I am a lifelong Patriots fan after-all).

But did this story warrant nearly the entire front page, especially at a time when there's a major crisis occurring in the Middle East with many people dying and, more locally, Boston is embroiled in the Big Dig Disaster? Even if the Boston Herald believes that its readers want to read this story, and even if the paper is a tabloid daily, did it have a journalistic duty to treat its editorial decisions with more gravity? And as you can see, the paper even used the top of the same front page to tell readers about Josh Beckett's contract extension!

So is the Herald's front page a sign that sports now attract too much attention? A critic might say no--readers want a break from all of the bad news going on (although a couple's divorce is also bad news, if not quite so terrible), and if they want to read about more depressing things, they can go buy a Boston Globe, turn on a TV, or go on the Internet. What do you think?

The Salivating Army? Shoe Companies that Donate Free Sneakers to Youth Basketball Players

A couple of weeks ago, we discussed Eli Saslow's excellent piece in the Washington Post on Justin Jenifer, the 10-year old basketball phenom who is already being aggressively recruited by shoe companies. This theme of marketers' exploitation of kid athletes resonates again in Mark Alesia's excellent piece in the Indianapolis Star on shoe companies "donating" free sneakers to youth basketball teams that often feature elite players. Interestingly, the schools receiving these sneakers may be violating Title IX, since only the boys' teams tend to get the donations, while the girls' teams do not. As a result, the boys get free sneakers while the girls end up paying a lot of money for the female version of the same shoes.

I think there are two stories going on here.

1) The Gender Equity Story: the obvious, but still important story. Shoe companies supplying sneakers to boys but not girls is probably a wide-spread phenomenon, and is probably apparent in every state. The disparity in treatment probably comprises a violation of Title IX, which takes a fairly inclusive approach to measuring equal athletic opportunity students of both sexes. In fact, Title IX expressly instructs the U.S. Department of Education's Office for Civil Rights to ensure that there is "equivalent treatment, benefits, and opportunities" in equipment and supplies (among other things). This is the kind of story that got Title IX passed in the first place, and one that further validates its existence.

2) The Sneaker Marketing Story: the more interesting story, I think, because it's subtler and yet potentially far more significant. Consider recent comments by Susan Linn, co-founder of the Campaign for Commercial Free Childhood, told to Julie Sabatier of the New Standard:

"Essentially, it's a way to promote brand loyalty. It makes the corporations look as though they're doing a positive thing. It looks like corporate social responsibility, but in reality, its marketing."

In a way, Linn's comments remind me of a complaint against the tobacco industry and their public service advertisements: those PSAs seem to provide a forum for companies with dubious histories to rectify their image, which turn may help their sales (and thus achieve the opposite of what the PSAs were ostensibly designed to achieve). In a recent Wisconsin Law Review article, I outlined a similar idea in regards to fast food companies promoting "eat well" campaigns, while simultaneously promoting the consumption of Big Macs and Happy Meals etc.

It would be interesting to hear what these shoe companies have to say about their donations, but they have declined comment. I imagine that they have concluded that the value of the brand loyalty they are establishing with boys is worth more than the cost of the donated sneakers, while for girls, they have reached the opposite conclusion: the value of establishing that type of brand loyalty is less than the cost of donations.

Economically-sensible, perhaps, but socially desirable?

Note: the picture above is from Aaron Renier's art collection.

THE KID IS BACK IN TOWN : FERNANDO TORRES

FERNANDO TORRES , alias"The Kid", has halted speculationfor the moment , returning toATLETICO DE MADRID &joining his teammates with theirpre-season training.Its a "new look" Fernando thatseems to have made up his mind& will stay in Madrid.Good news, for Atletico fans & the team, as Torres will be the"star" of the teams German & Chinese Tour that will begin nextMonday.Its reported - via "Marca" -

SPANISH FOOTBALL TRANSFER RUMOURS & GOSSIP X. KAKA & RAUL GARCIA

REAL MADRID is not taking NO for an answer from Milan.It is negociating with KAKA´s father & representative BoscoLeite to create a common strategy & get the player over toMadrid, according to Spanish paper "AS".Real Madrid offers a 6 year contract with a guarenteed earningof 10,000,000€ /year. Plus it is willing to pay AC MILAN between51 - 56,000,000€ ( dont you just love the figures).It seems

10 Best MLB Players of All-Time

This is something I was thinking about writing for a couple of weeks now, but have just been way too busy to sit down and write it all. But I'll give it a shot here, with my list of the 10 best players ever to play in the MLB. For the purposes of this list, I'm not including Negro League players. Not because none of them could crack the list (I think it's a safe bet that a guy like Oscar Charleston would crack the top 10), but there's just too much unknown.

First, a few that just missed the cut:

- Hank Aaron - remarkably consistent with lots of longevity, I'm sure Hammerin' Hank would appear on a lot of people's top 10 lists. However, I also place a premium on 'peak' or great seasons, which wasn't really what Hank did well (his best year was in 1971, at age 37). So I drop him a little based on peak, but he was incredibly consistent and has great longevity. Oh, and I think he still has some HR record.

- Roger Clemens - In my mind, the 3rd best pitcher ever (you'll see my top 2 later). Longevity? Check. Exceptional seasons? Check. Playing in the best hitter's era ever? Check. He's second all-time in strikeouts, he's always had solid/decent control, and he is still one of the best pitchers in the league even at his age now. If you tried to argue that Roger was the best pitcher ever, I wouldn't put up too much of an argument.

- Stan Musial - Stan "The Man" was another that just missed the cut. He played over 1800 games in the OF and over 1000 games at 1B, winning the MVP 3 times. He was an OBP machine, leading the league there 6 times, and he also led the league in Slugging 6 times. Just a great, all-around player.

But enough of those that missed, let's move on to the Top 10:

10. Barry Bonds - Without a doubt, the hardest player of all to rank because of all the steroid accusations/usage and deciding when/if he was using some type of performance-enhancing drugs. If we could take all of his numbers at face value, I think Bonds would very likely be one of the top 3 players ever (and his 2001-2003 stretch the best 3-year stretch EVER in MLB history). But well, it's hard to do that because of all of the allegations. So I've put him here, at #10. At worst, he was the best player of the 90s, and the best combination of power/speed ever. He's always had a fantastic eye at the plate, and he was routinely 40 HR hitter throughout the 90s (while stealing lots of bases). Even if factoring in potential enhancers, the 2001-2004 stretch numbers are simply mind-boggling. In short, I'd put him higher than 10 rather than lower if I had to, but for now, I'll stick him here.

9. Lefty Grove - The second best pitcher of all-time. His adjusted ERA+ of 148 is 2nd all-time behind one Pedro Martinez (who, by the way, had the best peak of any pitcher ever). He didn't rack up a lot of strikeouts in comparison to other great pitchers, but he did lead the league in that category for 8 straight years. Add it all up, and Lefty is the 2nd best pitcher ever in my book, and 9th overall on my list.

8. Mickey Mantle - Mantle's another guy that's hard to rank, because he had a better peak than a guy like Willie Mays, but he doesn't have the longevity of the guys ahead of him. He was one of the best at getting on base, and he got there at a .421 clip, despite the average being a shade under .300 for his career. He also hit for lots of power, with 536 HR and a .557 SLG. Now, was he as focused on baseball as he maybe should have been, judging from so many stories/rep? Maybe not, but I'm not really qualified to answer that. I do know that when he played, he was one of the best ever.

7. Lou Gehrig - The original Iron Man usually wasn't the best player on his own team, but that's not going to keep him out of the top 10. Gehrig was an absolute hitting machine - he hit for a great average, he had a great eye that allowed him to draw walks, and he hit for power. He's 5th all-time in OBP and 3rd all-time in SLG. Not bad protection for the Babe. Sadly, his career and life was cut short by disease, but by all accounts he was a great man to go along with his great accomplishments on the field.

6. Ted Williams - By all accounts, Williams was probably the best pure hitter ever, as the .406 mark can attest to. But Teddy Ballgame is hard to rank among the other greats, in part because he lost a couple of years of his prime to the war. We know what the numbers might have looked like, but that's not the same thing as him actually doing it. Even so, the accomplishments speak for themselves - he got on base at a clip better than anyone ever to play the game (well, except Eddie Gaedel), and he hit for lots of power to go with it. Sure, he played in a hitter's park, but the numbers are hard to believe. A 1.116 career OPS? That's video-game like. Which is why if you'd put Teddy Ballgame in your top 5, well, I'd be hard-pressed to put up too much disagreement.

5. Walter Johnson - Quite simply, the Big Train is the greatest pitcher to ever take the mound. He has the high win totals (417 - 2nd all-time), the has the K totals (led the league 12 times), and his adjusted ERA+ of 146 is 3rd all-time. He threw almost 6000 innings, which is better than anyone that started their career in the 20th century. Add up the dominance with the longevity, and I'm confident in naming The Big Train the best pitcher ever, and the 5th best player of all-time.

4. Ty Cobb - By all accounts, The Georgia Peach was most of the most irrehensible players to play the game, but also one of the greatest, as I've put him here at 4. His .366 career batting average is the best ever. No, he didn't hit a lot of HR, but then again, neither did anyone else in his time (in 1909 he led the league in HR with 9). But he did hit lots of doubles and triples (2nd all-time in triples), which is why he led the league in SLG % 8 times. Great speed, great physical tools, undeniably one of the top hitters ever... it's possible that I'm underrating him here at #4. But that's where I'll leave him.

3. Honus Wagner - Like Cobb, the hitting stats for "The Flying Dutchman" will be low just because of the era he played in, but we have to get beyond that. He led the league in hitting 8 times in his career, and was also a good power hitter (led league in slugging for 6 years). Also like Cobb, Wagner was a great doubles and triples hitter. In 1908, the worst season for hitters ever, Wagner led the league in BA, OBP and SLG, as well as hits, total bases, doubles, triples, stolen bases and RBI (found here). All while playing SS. Truly one of the greatest ever.

2. Willie Mays - The "Say Hey Kid" may be remembered most for his over-the-shoulder grab deep in the Polo Grounds OF, which is fitting, because it's very likely he's the best defensive CF of all-time (and has the 12 straight GG to back it up). Offensively, he could do some things there as well, as he's still 4th all-time on the HR list with 660. A lot of his overall rate numbers are dragged down by his final few years in the league, where he obviously wasn't quite the same player anymore. But regardless, he's still got the high average and slugging, all the HR, and the defensive prowess, which leaves him at #2 of all-time on my list).

1. Babe Ruth - As if there was any doubt. Ruth was by far the greatest hitter ever, especially in relation to his peers. His adjusted OPS+ of 207 is far and away the best of all-time, 17 points ahead of #2 Ted Williams. We all know he once hit more HR than any other team in the league hit total. But if that wasn't enough proofof The Bambino being the greatest, we must also remeber that he was a very good pitcher. He once led the league in ERA. He never had a losing season Ok, he was really wild on the mound, but that's just nit-picking. Add it all up: Best hitter of all-time + above average pitcher = Greatest MLB player of all-time. Babe Ruth.

Welcome Travis Tygart

I am delighted to announce that Travis Tygart will be filling in for me as a guest contributor next week. Travis is the Senior Managing Director, General Counsel of the United States Anti-Doping Agency (USADA). USADA is the independent, nongovernmental anti-doping agency for Olympic sports in the U.S. and is dedicated to protecting the integrity of competition and the rights of clean athletes to participate in drug free competition.

Travis is responsible for all legal matters of USADA including the handling of alleged doping offenses in arbitration before the American Arbitration Association and the Court of Arbitration for Sport. He was responsible for the investigation into the designer steroid THG and the BALCO drug conspiracy. Travis was involved with drafting the USADA Protocol for Olympic Movement Testing and the World Anti-Doping Agency’s Code. He served as the legal expert for the WADA Independent Observer Team at the 2002 Commonwealth Games in Manchester, England and was a USADA representative at the 2003 World Conference on Doping in Sport in Copenhagen, Denmark. Travis has been a participant at the Council of Europe, the Association of National Anti-Doping Agencies and was a presenter at the WADA OOC Symposium in October 2003.

While Travis will be unable to answer specific questions about legal matters involving USADA (his client), his insight and experience with respect to the use and testing of performance enhancing drugs will make an interesting read.

CANNAVARO, EMERSON, ZAMBROTTA & THURAM COME TO SPAIN

This news maybe be a bitlate, as I was away onbusiness, but its significantenough to post & recorditREAL MADRID has signedCANNAVARO & EMERSONin a 23,000,000€ deal.Emerson will join soon Madridin Austria where they are doingtheir pre-season & Cannavarowill join them later in AugustThe surprise was the signningof ZAMBROTTA for F.CBARCELONA for 14,000,000€.Everything indicated hewould follow his

Links updated!!

Ok, so in a process that took way too long and was probably much too tedious, I've updated my links and split some stuff up into categories for your and mine reading pleasure.

In the process I weeded out some blogs that aren't active anymore, and added lots more stuff.

Anyway, if you aren't on the list and have a blog, and would like to/think you should be, or if you link to me and I don't have a link back, drop me a comment or an email at uclabruins24 AT hotmail.com. I realize that there's lots of great stuff out there that I missed, and I still need to add stuff (especially to the football section), but I'm trying.

Other than that, have a super day!

Steroids in Golf?

By now you are probably tired of reading and hearing about the Bonds indictment and his possible suspension by MLB. But you might not have read or heard about the latest in the "war on steroids": Testing for steroid use has officially begun within the sport of golf ("Golf Tournament Doing Drug Testing"). According to the press release, testing will be administered at the World Amateur Team championship in South Africa at the end of October. What's amazing is that the tournament directors don't even think at the moment that there is much use of performance-enhancing drugs in the sport. They support drug testing in golf "to put the sport into line with the World Anti-Doping Agency's code governing all sports, and to stop performance-enhancing substances from creeping into the game."

Will somebody please STOP THE MADNESS! First and foremost, why test for steroids when there is no evidence whatsoever of any steroid use in the game of golf? Secondly, why would they think that such use would "creep" into the game? Are they afraid that golfers are going to start bulking up in order to give them more distance on their drives? Is "muscle recovery time" a big issue among golfers these days? Basically, it's complete speculation!

I came across an interesting article on this subject written by Matthew Rudy of Golf Digest ("Steroids: How real a threat?"). Rudy notes that no professional tour has specific language in its rules prohibiting performance enhancing substances. The PGA and LPGA tours' professional conduct rules prohibit players from using or selling illegal substances, but neither tour has a testing procedure in place to detect any kind of illegal drug, recreational or otherwise. PGA Tour commissioner Tim Finchem says the tour would not hesitate to incorporate a random drug-testing program IF it had evidence of a pattern of use by players:

"I don't think it is naive to think our players follow the rules. Maybe there are doctors who would say that steroids would help a player hit a golf ball farther. We could debate that, and we could debate that the side effects might hurt a player other ways. I don't go there. We have a rule, and we expect players to follow it. If we have credible evidence to think that a player was taking them, we would consider taking other measures. The speculation about steroids in golf isn't surprising. There is so much focus on steroids in other sports. There's an influx of more athleticism in our sport, and the workout regimens our players are undergoing. And there's a focus on the increased distance players are hitting the ball. That's what it is -- speculation. We rely on our athletes to call the rules on themselves. We have a long tradition of players following the rules, even when some of the rules are odd."

I suppose that if you believe that steroid use would help a hitter drive a baseball farther, then to be consistent you must also believe that steroid use would help a golfer drive a golf ball farther. All this time, I suspected that the reason professional golfers have been driving the ball better over the years was mostly attributed to technological advancements in golf clubs, golf balls, and training equipment.

Tiger, you're next....

SPANISH FOOTBALL TRANSFERS

SEVILLA FC is having problems attempting to signHonduran player DAVID SAUZO. Hey no problem!They have a substitute ( the benefits of being UEFA Champions)French International & Olympique de Lyon player, 27year oldSIDNEY GOVOU - pictured. His agent has said that his player will not play in Lyon & that Seville is a great team. This may have been triggered by Lyon´s offer for Trezeguet & Luca Toni,

SPANISH FOOTBALL: THE TRANSFER DANCE

La la, la la, la ...bom,bom, bom bom, la la,la la,la bom bom, bombom....¿bad attemptof a Waltz? Yes.Everyone is dancingthe transfer tune.Real Madrid´s"Football Director"Pedja Mijatovic,is trying to talk toMilan officials inorder to shut theKAKA transfer for Madrid.They have refused to even see him. He is not for sale!However, KAKA´s silence in the matter, leads us to think thatthe player will

Yet Another Book Recommendation!

Ok, so maybe I have a little too much free time here in the summer. And I have a boring job where I can sometimes read books at. Regardless, I have another good sports book to recommend (if you haven't read it already.

That book is: Fab Five: Basketball, Trash Talk, The American Dream by Mitch Albom.

Last week I recommended The Last Amateurs by John Feinstein, and other than the fact that they both cover college basketball, the books couldn't be more different. The other book follows the Patriot League and talks about the players who are mostly focused on academics, while this focuses on the Michigan players that were a lot more focused on basketball than athletics, and where there is some corruption, and was found out later.

Now, I'm sure you know Albom from his other books or from his shoddy work on The Sports Reporters, but really, this is an excellently written book that covers 1992 and 1993 Michigan basketball... obviously the two years the Fab Five were together for the Wolverines.

The book starts off with good detailing on the recruiting process and how and why they all wound up at Michigan. It talks about how the Fab Five really changed college basketball in a lot of ways, not all of them good. Albom also does a good job showing how there was sometimes a double standard for these guys (both good and bad) because they were so talented, so outspoken, and so brash.

It was interesting to see how they went from being 'media darlings' in one year to being constantly criticized the next. Or how they all meshed together so well, even with some resentment from their upperclassmen.

Another interesting thing was to see how the book portrayed Steve Fisher. Sure, Albom did show him as a family man, but there was also the writings about how he 'bent the rules' at times to recruit these guys, how he applied a double standard when it came to disciplining them compared to the rest of the team, etc.

As someone who was really too young to remember much about the Fab Five, it was certainly interesting to read. I'm not sure if it would be more or less interesting if you remembered them well (or in some cases, as I know some readers here are, were/are fans of the Wolverines). All I know is that if you haven't read the book yet, you should. It's really quite excellent, as its rating on Amazon shows (though my recommendation should be enough!).