Wednesday, January 31, 2007

progress realized?

Before the first snap from scrimmage, Super Bowl XLI will be like no other National Football League championship game in history. On the Chicago Bears sideline, Lovie Smith will pilot his team as the first African American head coach to ever lead an NFL team to the Super Bowl. Across the field will stand Smith’s mentor and friend, Tony Dungy who became the second African American head coach (by about four hours) to lead his NFL team, the Indianapolis Colts, into a Super Bowl.

Whatever barriers existed between African American head coaches and the Super Bowl prior to this season, Dungy and Smith have shattered them in their exemplary displays of leadership, fortitude and dedication. Appropriately, one of the principal stories leading up to this Super Bowl has been the fact that for the first time in the forty one years of Super Bowl play, one of the participating teams will be coached by an African American. The magnitude of this event can not be overstated.

As Dungy has repeatedly asserted when commenting on this historical achievement, both coaches brought their teams to the brink of a championship by coaching the “right way.” For Dungy and Smith, that includes fostering a familial bond of respect with the players’ in their charge and by refusing to engage in the “profanity” and “win or die” attitude displayed by many NFL head coaches. On Sunday evening, around 10:30 or 11:00 p.m. eastern time, an African American head coach will lift the Lombardi Trophy over his head triumphantly and will make history again as the first black head coach to win the title.

Perhaps lost amongst the deserved hoopla for Dungy and Smith was the relatively quiet hiring of Mike Tomlin by the Pittsburgh Steelers as their new head coach. Tomlin, the thirty four year old African American former defensive coordinator of the Minnesota Vikings becomes the first black head coach in the Pittsburgh Steelers seventy four year history. Tomlin becomes the sixth black head coach in the 2007 NFL joining Smith, Dungy, Herman Edwards of the Kansas City Chiefs, Romeo Crennel of the Cleveland Browns and Marvin Lewis of the Cincinnati Bengals. Last season seven African American head coaches stalked NFL sidelines, but the Oakland Raiders terminated Art Shell as head coach after one season and the Arizona Cardinals fired Dennis Green following three disappointing seasons.

Tomlin’s hiring is striking and noteworthy for several reasons. First, the NFL adopted a rule in 2002 under the direction of then commissioner Paul Tagliabue that required each NFL club to interview at least one minority candidate each time a head coaching vacancy became available. This rule is commonly referred to as the “Rooney Rule.” The owner of the Pittsburgh Steelers is Dan Rooney, one of the most influential owners in professional sports and it is he who masterminded the rule as a means of opening access and opportunity to African American coaches. Failure to follow the rule can result in a stiff penalty (as Matt Millen and the Detroit Lions can attest after being fined $200,000 for hiring Steve Mariucci without interviewing a single minority candidate in 2003).

In interviewing Tomlin, Rooney was following the very rule that he helped to establish. The obvious purpose of this rule was to begin to introduce the young minority coaches in the league to the primarily older, white male owners of the NFL clubs. As in any “old boy network” scenario, individuals will hire who they know, and by in large, the older white male NFL owners knew the same cadre of coaches and contacts who for so many years were primarily, if not absolutely, white. The Rooney Rule has forced NFL owners to develop lists of promising minority coaches and to have them in for day-long interviews allowing the owners to become familiar with a group of candidates they had not known previously—a type of affirmative action for NFL hiring.

When long-time Steelers coach, and beloved Pittsburgh native Bill Cowher announced his resignation, the early speculation was that Rooney would stay in-house and offer the head coaching position to one of two successful white assistant coaches on Cowher’s staff, offensive coordinator Ken Wisenhunt or offensive line coach Russ Grimm. Reports indicated that Russ Grimm would land the job with Pittsburgh, particularly after Wisenhunt was hired as head coach of the Arizona Cardinals. Yet, Rooney, in keeping with his rule, decided to interview the young, aggressive promising defensive coordinator of the Minnesota Vikings. Tomlin so impressed Rooney that he was offered the head coaching position almost immediately. Grimm left the Steelers to join Wisenhunt in Arizona.

The Tomlin hiring portends important changes taking place throughout the league. Minority candidates are becoming more routinely sought after as candidates. Bears’ defensive coordinator Ron Rivera has received several head coaching interview opportunities as has San Francisco 49ers linebacker’s coach Mike Singletary. As Marvin Lewis and Tony Dungy know, interviewing often around the league allows owners to get to know an individual. Which often leads to an opportunity.

Is the Rooney Rule responsible for this progress? Absent the Rooney Rule, would Tomlin have been contacted by Rooney for an interview? Had he not been interviewed, Tomlin would not have had the opportunity to impress Rooney with his presentation, preparation and potential. Absent the Rooney Rule would 20% of head coaches in the NFL be African American? Absent the Rooney Rule would two African American head coaches be battling on Super Sunday for the chance to again be a first?

And if this Rooney Rule appears to be working for the NFL, then what is the problem with the NCAA and head coaching jobs for African Americans in college football?

Best First Year College Basketball Coaching Hires

Now that we're in the thick of the conference schedule, I thought it would be interesting to see who [so far] have been the best college basketball coaching hires from the offseason. I picked the top 5 based on what they've done so far... this is no indication on how I think they'll do in the future. Anyway, in no order...

Kelvin Sampson (Indiana) - I was planning on having Sampson on this list anyway, but then the Hoosiers really drove the point home with their win over #2 Wisconsin. The Hoosiers aren't supremely talented right now, but Sampson has them playing excellent defense. Plus, the fact that he's gotten Eric Gordon to come to Indiana next year is a big point in his favor. Things are looking up for Indiana.

One other thing about the game... what's up with Indiana fans storming the court? I know Wisconsin's an excellent team, but Indiana was ranked and playing at home? To paraphrase Doug Gottlieb, if Bobby Knight were dead he'd be rolling in his grave right now.

Bob Huggins (Kansas St.) - The Wildcats are 5-2 in the conference, 16-6 overall, and are in contention for a Tourney bid. Of course, they don't really have any quality wins yet, and their most athletic player is hurt for the season, but that's ok for now. We'll get a good chance to see what they're made in the next two games... they play at Texas, and then at Kansas.

Jeff Capel (Oklahoma) - Capel gets a slight, slight nod over Mike Anderson of Missouri for the 5th spot. I mean, these guys are competitive and Longar Longar is their leading scorer. The same Longar Longar that scored 127 points in his first 2 seasons at OU. Plus, bonus points for his building of the VCU program (more on them later). He is in a similar situation as his predecessor Kelvin Sampson is in right now... they don't have a lot of offensive talent, but they play hard defensively. Unfortunately, their offensive talent is far too low now to make a realistic run at the Tourney, but I do like Capel as a coach.

Anthony Grant (VCU) - They finally suffered a conference loss, but at 11-1 they still lead the CAA, the same conference that produced George Mason a year ago. The pieces may have been put in place by Capel, but someone's got to coach these guys. They've got a guard-oriented attack that could pose some problems for some teams. Three guards score at least 13.9 PPG.

Tony Bennett (Washington St.) - Bennett was the natural choice to replace his father after Dick Bennett left, but they should still be commended for making the choice. Bennett has brought some offense and some excitement to Pullman in his first year. Their only 3 conferences loss have come against Oregon (in OT), @ UCLA, and @ Stanford. Not bad.

Who do you think has been the best new hire?

Sports and Due Process (Or More Looking Over Game Officials' Shoulders)

O.J. Mayo of Huntington (W. VA) High School, purportedly the best high-school player in the country and bound for U.S.C. next fall, played in a high-profile basketball game Tuesday night against Lakewood (CA) Artesia High School. This was one of those increasingly common made-for-TV games; this one was played at Duke's Cameron Indoor Stadium between top-ranked high school teams, neither of which is particularly close to Durham, NC. Mayo scored 19 points before fouling out in Huntington's win.

This is worth mentioning on Sports Law Blog because Mayo needed a court order to play in the game.

Mayo (along with five teammates) was ejected from a game last Friday night. Mayo received two technical fouls, the second for taunting opponents after a second-half dunk. That technical lead to an on-court scuffle between players on both teams. Video is here. After the second technical, Mayo followed the official to the scorer's table; he and the official made some body contact (how much is in dispute) and the official fell to the floor. Under West Virginia Secondary School Activities Commission (SSAC) rules, a player ejected from a game is suspended for the next two games. And a player who in protest makes contact with an official can be suspended for up to one year.

But hours before Tuesday's game, Mayo won a Temporary Restraining Order from Cabel County Circuit Judge Dan O'Hanlon, allowing him to play in the game and prohibiting SSAC from enforcing its suspension rules until a hearing on February 9 to determine what process SSAC must give Mayo before suspending him. Stories here and here.

I have not read the court's order and am working off sports media reports, which often do not accurately capture legal detail. The stories contain pithy comments from one of Mayo's lawyers about how the players "deserve an opportunity to be heard before they are denied the chance of a lifetime because of an arbitrary enforcement of a rule they did not intend to violate." And another lawyer (who also is an assistant coach) insists Mayo did not intend to make contact with the official and, if anything, it was the ref who initiated the contact. You get the idea. I am opining off less-than-complete legal information.

That said, I cannot understand how the court could issue this TRO. I do not see what process Mayo should be entitled to that would allow him to avoid at least a two game suspension.

Take the ejection and put the bumping to one side for a moment. The SSAC rule is clear and (I believe) unequivocal: If you receive two technical fouls and/or are ejected, you sit two games. The only question is whether Mayo was, in fact, ejected because he received two technicals. That fact seems undisputed and indisputable. A hearing or other process from SSAC does nothing to change that. The rule is not being arbitrarily enforced--it kicks in whenever a player is ejected, as Mayo assuredly was. And whether Mayo or the other players intended to violate this rule (the point the attorney/coach made) is an utter non-sequitur; I assume no player ever intends to get two T's or intends to get ejected from a game. Intent is irrelevant to the rule.

So if a hearing will change nothing about the two-game/ejection suspension, the TRO should not have issued. One thing a plaintiff must show in order to get a TRO is that he is "likely to succeed on the merits"--that the claims he is bringing has merit. Mayo is making a due process argument, which means he has to show that he is entitled to some process and that it would make a difference. I do not see how it makes a difference as to this rule.

Unless, of course, Mayo wants a hearing so he can argue to SSAC that it should reverse the referee's decision to give him the second technical. If so, that is an extremely dangerous and bad idea, for reasons similar to what I discuss in an earlier post. Game officials have a difficult enough job without fear that their immediate in-game decisions, such as whether to call a violation, are going to be subject to reversal from above when they call something on the wrong player (a top-5 national star) at the wrong time (on the eve of a mythical national championship game). This is an example of the type of discretionary decision that must be largely immune from review if we want refs to be able to do their jobs. The notion that Mayo has a constitutional due process right to a hearing to ask SSAC to reverse the official's in-game determination would make sports contests ungovernable. This would set a bad precedent.

Now, the potential suspension for bumping the ref is a different story. Whether a bump occurred, whether it was intentional, and whether it was "in protest" all are in dispute and all are necessary for application of the rule. Plus, whether a suspension should occur and its length are within SSAC discretion, probably depending on the severity and intent behind the contact. A hearing is necessary to resolve those factual issues, so Mayo is entitled to some process before a bumping suspension is imposed.

But that alone does not justify the TRO that allowed Mayo to play on Tuesday. It seems that Mayo should have to sit, at a minimum, two games--the Cameron game and one more--as punishment for the ejection. Anything beyond that would be punishment for the bump and he is entitled to a hearing before such additional games are added.

But there was no reason for the court to interfere now. At least no reason beyond everyone wanting to see O.J. Mayo play in that particular game.

SPANISH CUP Q/FINALES 1º LEG RESULTS

Three games played tonight of the SPANISH CUP Q/Final1º leg & results that may lift some eye browse.GETAFE defeated 3- 0 OSASUNA in a brillant display ofFootball , as the below pic shows the joy.FC BARCELONA lost 0-1 to REAL ZARAGOZA with a goalfrom DIOGO pictured below. This score gives them the vitalaway goal advantage for the 2 º leg match.Lastly , DEPORTIVO won 4 - 1 against 2º division

andré douglas pond cummings and Gabe Feldman: Guest Bloggers

We are thrilled to have two distinguished scholars guest blog: andré (dré) douglas pond cummings and Gabe Feldman.

dré is an associate professor of law at West Virginia University College Law, where he teaches sports and the law, civil procedure, and other courses. He's originally from Los Angeles and is a graduate of Brigham Young University (where he was on the track team) and Howard Law School. He later practiced law in Chicago at Kirkland & Ellis, where he represented NFL players and Hollywood screenwriters and novelists. He has won numerous teaching awards and has published articles in such scholarly journals as the Harvard BlackLetter Law Review, the Nebraska Law Review, the University of Louisville’s Brandeis Law Review, and the Howard Law Journal.

Gabe is an associate professor of law at Tulane Law School, where he teaches sports and the law, antitrust, and other courses. He is a true Blue Devil, holding a B.A., M.B.A., and J.D. from Duke University. While in law school, he held legal internships with pro sports teams. He later practiced law in Washington D.C. at Williams & Connolly, where he represented a variety of sports entities, and also co-taught a sports law class at UVA Law. Gabe is the co-author of Sports Law: Cases and Materials, and will direct Tulane's sports law program with Gary Roberts becoming Dean of Indiana University School of Law in Indianapolis.

We very much look forward to posts by dré and Gabe.

SPANISH FOOTBALL. LIVERPOOL SIGNS YOUNG TALENT ALVARO ARBELOA

Premier League club LIVERPOOL have signned youngpromise ALVARO ARBELOA, the 24 year old centraldefender from Spanish 1º Division club DEPORTIVODE CORUÑAArbeloa started as a youngster with REAL MADRID´sjunior teams & lifted himself to the 1º team, werehis trayectory was halted due to the range of existingdefenders already there. Real Madrid sold the youngpromise to Deportivo & the player has been

Tuesday, January 30, 2007

The O.J. Mayo Incident

Not sure if this is big news yet or not, but apparently there was a little incident involving one of the top prospects in all of high school basketball, OJ Mayo, and a referee in one of Mayo's games.

Mayo had a pretty nice dunk, then got a technical foul for taunting afterwards. After a little discussion with the referees, Mayo was given a second technical for running his mouth a bit and was ejected from the game.

As you can guess, things didn't end there. Mayo then followed the ref over to the scorer's table, and the two bumped lightly. Or at least that's what it looked like. However the referee took quite a tumble, much to the disbelief of Mayo.

You have to watch the video for yourself, but there are 2 possibilities here:

(1) The refs feet got tangled with Mayo, which could not be seen on camera
OR
(2) The ref is the worst actor in the world.

You decide:

Sports Leagues as Courts of Appeals

The NFL this week fined the Saints' Reggie Bush $ 5000 for taunting the Bears' Brian Urlacher during Bush's touchdown catch-and-run in the NFC Championship game. Bush pointed towards Urlacher (running several yards behind him) at the end of the run, then did a front somersault into the end zone.

What is interest is that Bush did not draw a taunting penalty on the play. In other words, the game officials on the field either did not see it (unlikely, because it was pretty hard to miss, especially the somersault) or did not think it was worth a flag. Given that, I wonder how appropriate it is for the NFL to assess a fine.

Compare the usual (although not absolute) practice of courts of appeals. They generally will not address issues that were not raised and considered by the trial court. And they generally will defer to certain decisions that trial judges are deemed better able to make from their on-the-ground vantage point in a case (usually involving things such as witness credibility and the like).

League-imposed fines can be seen as an additional punishment, imposed from above (on appeal, if you like) and directed towards the individual player, a supplement to the in-game punishment assessed by the game officials. Not every penalty flag warrants a player fine. But perhaps the league should stay its hand in the opposite situation. If game officials did not believe an infraction occurred at the time, the leagues should defer to that initial determination and not impose a penalty or fine after-the-fact.

Some of this gets into whether we trust game officials on the ground to get things right and whether review from above, usually with the help of video, is proper and necessary. But that gets into what I think of instant replay, which is another, much longer post.

SPANISH CUP Q/FINALES 1ºLEG GAMES KICK OFF

Tomorrow 3 games of "la Copa del Rey" , otherwise know asthe SPANISH CUP, kick off with the 1º leg of the quarter- finales.The final match & 4th game gets played on Thursday to shut the1º leg action.Fixture:Deportivo de Coruña - ValladolidGetafe - OsasunaFC Barcelona - Real ZaragozaSeville FC - Real Betis ( Thursday)2º leg matches - 28th of Feb.Some excellent games lined up & top action

HANDBALL. SPAIN LOSES TO GERMANY IN WORLD CHAMP Q/FINALS

The current World Champions SPAIN were beaten thisafternoon by GERMANY in the Quarter Finals of the WORLDCHAMPIONSHIPS currently being held in Germany. Spain had come into this match with 2 defeats, one of whichwas at the hands of the powerful Croatian team. The homeground advanatge gave the Germans the crowd inspirationneeded to defeat the Spanairds 27 - 25 & this takes them ontothe semi-finals

SPANISH FOOTBALL TRANSFERS, NEWS & GOSSIP

Quick tour around todays Sports daily´s gives us plenty ofnews & speculations , however, SFS picks 3 that maybeof interest for our global readers.1. The RONALDO transfer deal is "stuck" with 1 M€separating the handshke between REAL MADRID &AC MILAN. Apart from this, Real wishes to introduce theCassano - Ricardo Oliveira swap loan option. Negotiationscontinue today.NEWS FLASH - 17.00 - Real Madrid

Monday, January 29, 2007

Pittsburgh defeats Villanova

In a fairly entertaining game, #7 Pittsburgh defeated Villanova 65-59, improving to 20-3 on the year. Some random thoughts I had on the game:

- Pittsburgh has an excellent record and a good team, but I just don't see them as a Final Four team. They are the class of the Big East, but I don't think they'll match up well against the elite of the NCAA. They are fundamentally sound, well coached, and talented, but I just don't see the Final Four in their future.

- I don't want to be all negative on Pittsburgh, because they did win, and they're very good. Two guys I really like (aside from the obvious Aaron Gray) are Levance Fields and Levon Kendall.

Fields is just a very solid PG. He's tough, he's a good shooter, and he will get up in your face defensively. He scored 20 points today, but I really like his decision-making. Only 2 assists, but one turnover. Plus, he passes the very subjective, "I think this is a guy that will take over at the end of games" test. Subjective, but important. To me at least.

Kendall is the glue guy. The numbers weren't impressive... 6 points, 7 rebounds, 3 assists. But he just does a little bit of everything. He's solid at both ends and just fits in nicely with Pitt's other threats.

- For Villanova, Curtis Sumpter is still definitely not right. The numbers weren't bad... 21 points, 9 rebounds... but his shot just looks flat right now. He was 4/15 from the field, 1/5 from downtown, and frankly missed some shots badly. They need him to get healthy from the shin bruise and hamstring tightness.

- If Sumpter is healthy, I like Villanova to make the Tourney and possibly have the chance to win a game or two. They have depth inside with Sumpter, Will Sheridan, Shane Clark, and Dante Cunningham. They have a great shooter in Mike Nardi. They have a great finisher in Scottie Reynolds. And they have a great coach in Jay Wright. They are only 14-7 (and 3-5 in the conference), but I think they will make the Tourney.

What are your thoughts on the teams?

The One and Only Berlusconi...


Mr. Silvio Berlusconi, the former Italian Prime-Minister, eternal President of the great AC Milan and owner of Mediaset, is perhaps better known for his less than commendable antics and over the top comments. However, he brings to international headlines a truly interesting case, at a time when the Italian Competition Authority just released its very own view on the need to collectively sell Italian Calcio's broadcasting rights. Mediaset, who reportedly paid over USD$ 65 Million for the right to broadcast Calcio's highlights, claims this summer’s match-fixing scandal in Serie A devalued its TV rights, stating a strong loss in viewer interest in Serie A as a result of the relegation of top club Juventus and heavy punishments to AC Milan, Fiorentina and Lazio.

According to Il Corriere, Mediaset cites a 15 per cent drop in pay TV rights. After one of the main title contenders was relegated and three other major clubs heavily punished with the loss of points, the League lost at least some of its magnetism. And some 40% of all football viewers are fans of the proscribed clubs. Now Mediaset is taking legal action against the Italian football league. It seeks the reduction of the total price agreed upon for the right to broadcast the best moments of Italian soccer. The claim in itself, regardless of its merit, should be welcomed for what it entails in terms of mentality and is sure to make excellent reading.

Mediaset will try to establish the devaluation by resorting to available figures: (i) ticket sales in Serie A dropped 17.5%; (ii) Paying spectators in the first 13 rounds dropped 10%; (iii) Serie A Pay TV subscriptions dropped 14.8%; and (iv) Serie B Pay TV subscriptions increased by 52%, with Juve competing is the second tier this season. This should be enough to sustain the argument of a significant change in circumstances. Basically, if (i) the circumstances that were taken into account upon the execution of the contract have been subsequently and significantly altered and both parties could not have foreseen it; if (ii) the change brings significant economic imbalance to the contract; and if (iii) the change cannot be deemed inherent to the nature of the contract and the risks it entails, then the contract can be terminated or its price (as an element of the contract) reduced accordingly. Are we to assume that something of this sort might happen when contracting in the field of sports? The assumptions the parties took into account when agreeing upon the price certainly included the likes of Juve in Serie A and Fiorentina and AC Milan vying for a Champions League spot. Those assumptions are no longer valid. And match-fixing can hardly be deemed an inherent risk of any sporting activity.

This brings us to the Mediaset’s second prospective argument: was the League negligent in its capacity as regulator of professional soccer in Italy? The regrettable state of affairs in Calcio’s backstage had been mooted for years and one gets the feeling it was just a matter of time before the bubble of corruption burst. The League will certainly argue that it is not responsible for the actions of clubs, underlining the disappointing behavior adopted by club’s managers in their undertakings towards success. While it may be tempting to let the League off, the fact remains that little had been done to prevent and punish match-fixing. And the League will find it very hard to shake-off its duty to supervise the legality of its clubs’ deals. However, Mediaset is not likely to choose the path of negligence. Mr. Berlusconi would be falling into a trap. While the claim of negligence might further reduce the price he’s paying for the highlights, it will no doubt prove very costly in terms of personal image. After all, the owner of Mediaset would be surging against the President of AC Milan: the one and only Mr. Berslusconi...

BARÇA & SEVILLE FC VIDEO HIGHLIGHTS

FC BARCELONA & SEVILLE FC are fighting for the top spotof the ladder; here are the VIDEO highlights of their respectivematches yesterday...plenty of goals!

RICARDO OLIVEIRA MAY ENTER INTO THE "RONALDO OPERATION"

Milan´s Galliani visits Madridtoday to shut the Ronaldodeal.Press sources comment that1 M€ separates both partiesfrom the final agreement.Local daily "As" make the extracomment that Real Madrid willask Milan to loan its Brazilianstriker RICARDO OLIVEIRAfor the rest of the season.It was obvious in last Saturday´sloss agianst Villareal that Realis going through a goal drought& wishes to secure a

Sunday, January 28, 2007

What? No Football?

That's right, for the first Sunday in about 5 months, there was no football. Which usually just means that we're getting towards the heart of the basketball season, which is ok by me. So after a full weekend of college basketball, here's my top storylines:

- Punch Stanford's ticket to the Big Dance. It was a pretty good weekend for the Cardinal. On Thursday Stanford handled USC by 15. On Sunday, they overcame a 17 point first half deficit to beat the #3 ranked UCLA, 75-68. It helped that all of UCLA's big men were in foul trouble, which made them almost useless as far as scoring. Arron Afflalo and Darren Collison combined for 39 points, but it wasn't enough to beat Stanford and their hot shooting in the 2nd half. With a signature win like this to up their record to 14-5 (6-3 in conference), Stanford has to be looking good as far as the NCAA Tournament goes, at least at this point.

- LSU, welcome to the bubble. After their 3rd straight loss, LSU is now 13-7 overall, 2-4 in the SEC. Their non-conference victory against Texas A&M is excellent, but their other big win (against Alabama) is looking less impressive by the day. I guess they've missed Darrel Mitchell a little more than everyone thought they would.

- Maybe next year Connecticut. Another Big East loss for them drops them to 13-7 and 2-5 in the conference. But the record isn't as telling as the fact that their best win this year is against St. John's. Their 2nd best win is against either Ole Miss or South Florida, depending on your opinion of the two teams. If the regular season ended right now Connecticut wouldn't make the Big East Tournament.

- Arizona actually might not be that good. North Carolina just annihilated Arizona on Saturday. I know Marcus Williams got hurt and didn't play in the second half. But in the defense of UNC, neither Brandan Wright or Marcus Ginyard did not play at all. The Tar Heels abused Arizona on both ends of the court... offensively they shot over 50% and scored 92 points. Defensively, they forced 20 Arizona turnovers and the Wildcats were 1/23 from downtown. Arizona has not lost 4 of 5 and 5 of 7. If things don't get turned around, they could find themselves on the bubble, surprising as that may have sounded at the start of the year.

- Aaron Brooks, Player of the Year candidiate. After a huge game against an underrated WaSu club, Brooks is averaging 19 points, 4 assists, and 4 rebounds per game for the upstart Ducks, who are now tied atop the Pac-10 standings. Certainly the top 2 candidates are Alando Tucker and Kevin Durant, but that sound you hear might be Aaron Brooks creeping into the race.

What were your thoughts from the weekend?

SPANISH FOOTBALL - "LA LIGA" ROUND 20 RESULTS

After the 2 games played last night of Round 20 were we witnesseda boring Atletico de Madrid & Racing, not to mention a poor Real Madrid lossing to Villareal, tonights games had more action,better entertainment & importantly, plenty of great goals.One of the games with plenty of goals ( 6 in total ) was theLEVANTE vs SEVILLE FC match were the latter won 2 - 4.Seville´s new signning KERZHAKOV (

SPANISH BASKETBALL. ACB CLASSIFICATION - ROUND 19.

SFS gets plenty of requests to inform on how things aregoing on the Spanish Basket front. In order to satisfy all the requests, here is the classification tableafter Round 19. The brief is that REAL MADRID regainsthe lead on itself after TAU lost to Murcia. You can getall the results in greater detail from any of the SpanishSports dailys, if you wish a more in-depth analysis.ACB TOP 8 LADDER

Saturday, January 27, 2007

SPANISH FOOTBALL - RESULTS OF THE 2 GAMES PLAYED OF ROUND 20 OF "LA LIGA"

Two matches played tonight of Round 20 in "La Liga",one boring which resulted in a draw & the other boringas well but with a winner.First game played was between ATLETICO DE MADRID& RACING DE SANTANDER, a match which was in SFSopinion very average & in line with the home teams performanceall season. ZIGIC scored for Racing with a pass from Munitis & Racing looked set to take it home.However 3

NHL Players Approve Independent Investigation of Saskin's Hiring

On Thursday this week, a majority of the 30 NHLPA-player representatives approved an independent investigation into the hiring of executive director Ted Saskin. Back in June, 2005, the union accepted a collective bargaining agreement that ended the lockout and for the first time contained a salary cap, which ran counter to the views that former executive director Bob Goodenow expressed in negotiations with the league. Shortly thereafter on July 28 2005, Goodenow was dismissed and, that same day, Saskin was hired as executive director.

Last October, I discussed the lawsuit filed against the NHLPA by a large dissident group of players alleging that "Saskin was never properly nominated for the position by the executive board." That lawsuit was dismissed this week by a federal court in Illinois for lack of jurisdiction. The judge agreed with the NHLPA that Ontario was the proper situs for the suit. Three days later, the players approved the investigation. Mathieu Schneider, a Detroit Red Wings defenseman and interim NHLPA executive committee member, said, "The purpose of the investigation is to clear the air, produce clarity on these questions and fortify a strong unified union."

Schneider would make a good politician some day. But in all sincerity, Schneider is absolutely right. An independent investigation makes perfect sense here because there is such a large dissident group of players. The last thing the players need is dissension among themselves. Also, an investigation is more efficient and cost-effective than a long drawn out discovery process tied up in court. Furthermore, the players don't need to convince a judge or jury whether Saskin should be removed or not; the players just need to convince themselves.

There appears to be some unanswered questions about exactly what information was disclosed to the player representative executive board members regarding the salary cap and the hiring of Saskin, and whether the players were fully informed in order to make proper decisions. The investigation will probably not provide all the answers. But the results of the investigation will either strengthen or weaken the dissident players' case and lead to a speedier resolution of this dispute, which serves the best interest of all the players and Saskin as well.

Friday, January 26, 2007

The Dick Bavetta vs. Charles Barkley Saga

For quotes and video, go to the Charles Barkley vs. Dick Bavetta Wrapup.

Awful Announcing has been all over this from the beginning, but I thought it'd be good to get some of the videos from this in one place. If you haven't heard anything about this... well, just watch the videos and that will explain it.

Charles Barkley challenges Dick Bavetta:



Dick Bavetta accepts Charles Barkley's challenge:



And finally, Kevin Garnett weighs in on the matter:



All I can say is I really, really hope this does take place over the All-Star Break, because it would be awesome. Maybe the best comment on all of this did not come from Charles Barkley but from Ernie Johnson, who asked Barkley:

"Answer me one question... which hamstring are you going to grab at when you fall behind and have to pull up?"

Introducing The Situationist

Dear Friends & Readers:

I wanted to let you know that I am the co-creator of another blog, The Situationist, which was just made live today. The other co-creator is Harvard Law School professor Jon Hanson. The Situationist is part of the Project on Law and Mind Sciences at Harvard Law School, which Jon and I are also creating, and will provide commentary by social psychologists, law professors, policy analysts, practicing attorneys, and others connected to law and mind sciences. Some prominent social psychologists have already agreed to contribute, including, for example, Philip Zimbardo, perhaps best known for his "Stanford Prison Experiment." Posts will address current events and law and policy debates, informed by what social scientists are discovering about human behavior. Our first posts include:
I'll still be blogging regularly at Sports Law Blog, but will discussing many other topics at The Situationist. The two websites are connected more than they may seem. In fact, I will be examining sports from time-to-time on The Situationist and Jon and I intend to write a book on sports from a situationist perspective. I hope you give The Situationist a look and would welcome any feedback or suggestions.

RONALDO. AN ALTERNATIVE INSIGHT TO THE TRUTH

The cover of "Sport" , a Barcelona based sports daily with a "certain"biased for the home grown, has given us this hitting cover, full ofhistorical truths that tell us a bit about the professional footballplayer called RONALDO.Lets attempt briefly to escaped the various "smoke screens" &marketing exercises & understand a possible motive of the transferfrom Real Madrid to AC Milan.As "Sports" puts

BOJAN KRKIC. ANOTHER YOUNG FOOTBALL TREASURE AT FC BARCELONA

SFS has been reading & keeping an eye out on a young 16year old football player called BOJAN KRKIC. His"footballing" father came to Spain & played in MOLLERUSA(88), previously he played for OFK BELGRADE & REDSTAR OF BELGRADE, so the kid has football gens!His father decided to stay & live in Spain, where young Bojanwas born. His father is currently a talent scout for FC BARCELONA& young Bojan now

SPANISH FOOTBALL. ROUND 20 FIXTURE OF "LA LIGA"

Another great weekend ofmatches in Round 20 of"La Liga". Special mention forthe "Basque" derby betweenReal Sociedad & At.Bilbao, whichtraditionally are very tough & havethe characteristic of being end to end games.FIXTURE - Round 20:At.Madrid - Racing ( Saturday)Villareal - Real Madrid (Saturday)Zaragoza - DeportivoMallorca - RecreativoLevante - Seville FCReal Sociedad - At.BilbaoGetafe -

Thursday, January 25, 2007

A Bill Walton Podcast

Bill Walton Podcast

Seriously, this is the craziest thing I have ever listened to. If Bill Walton is not on acid, then I have no idea how he comes up with this stuff. He jumps around from topic to topic saying ridiculous things, and really, that's what we like about him. This podcast deals with a Brazilian named Daniela's internet sex video, the NY Knicks, the Grateful Dead, crossword puzzle contests, Larry Bird, and pretty much everything in between.

So have a listen and tell me what you think... in case you don't want to listen to it all, here's some of the prime quotes:

"Whenever I get to watch the Wizards and can finally get Daniela off the screen, I can't get over how well Brendan Haywood is playing. I actually saw Brendan Haywood try to run up-and-down the court faster than his opponent the other night. Now THERE'S a novel concept."

"But the real surprise to me in New York is that despite endless research and digging on my part, I have yet to come up with any evidence whatsoever that Isiah Thomas had anything to do with the Home Depot's Bob Nardelli's severance package of $210 million. Now that sure seemed to be to have all the trappings of an Isiah Thomas deal. Unbelievable money for nothing."

"During the recent holidays we had a nice little break, and being the competitive fiend that I am, I entered an International Crossword Puzzle Contest. I was on fire, as hot as I've ever been in anything! So here I was, rolling on forever to yet another title, when I get stomped on, 'What is a 10-letter word for surge?' I was so ashamed when I couldn't come up with escalation."

And don't forget to check out/add to the Bill Walton Quote Library, for which I am gather quotes to post at the end of the season. Also check out my synopsis of a Bill Walton Chat, as well as one of the best Bill Walton quotes ever.

[Special thanks to Doug LeMoine for initially linking to the podcast which is how I found it]

NCAA Basketball Surprises and Disappointments

With the conference season in full-swing, I'll give my teams that have been pleasant surprises so far this year and then the teams that have been disappointments.

Surprises
Virginia Tech (15-5, 5-1) - It wasn't that hard to see that they would have the talent to be a good club this year, but more than a few heads were turned by the quick start the Hokies have gotten off to in the ACC. With early wins over North Carolina and at Duke, they are 5-1 in the conference and tied for the lead. They also have another solid win against Maryland, making their NCAA Tournament chances look pretty good at this point in the season.

Oklahoma St. (17-3, 3-2) - Like Va. Tech, it wasn't hard to imagine that they would be improved this season, but I'm not sure anyone thought they would be this good already. They have lost probably their two biggest tests (Kansas, Texas A&M) but have done everything else right. In the non-conference they beat ranked teams like Pittsburgh and Syracuse, and won at a very good Missouri St. team. With the offensive duo of Mario Boggan and JamesOn Curry, and the defensive capabilities of Marcus Dove they are a solid and talented ballclub.

Butler (18-2, 6-1) - The surprise with Butler is that they have one of the best nonconference resumes in the NCAA. They have beaten Tennessee, Gonzaga, Notre Dame, Indiana, and Purdue, 5 good ballclubs who all have a shot at making the NCAA Tourney. They shoot the 3 ball very well and just simply do not turn the ball over very often, and that's a pretty good recipe.

Oregon (18-2, 6-2) - Not to sound like a broken record, but this is another talented team that may have underachieved in the past, so it's not a surprise that they're playing well, just that they're playing this well. They have 5 players scoring in double figures and they look like they will have serious firepower come March.

Vanderbilt (14-6, 4-2) - Their 4 SEC wins: Tennessee, Alabama, @ Kentucky, @ LSU. They are a senior-dominated team that has good balance... although an early-season loss to Furman could be a killer come Tourney Time, you have to like how the Commodores have been playing. This might be their best team since the days of Matt Freije!! (and yes, this might be the only Matt Freije reference ever in Complete Sports, so enjoy it)

Washington St. (17-3, 6-2) - This is not your parents (or at least your older brothers) WaSu squad. They've beaten Gonzaga, Arizona, USC, and lost a very tight game at UCLA. They are very balanced (11 guys play at least 8.9 minutes per game), and they are an excellent defensive team. Do not write these guys off simply because they have not been a good team in past years.

Disappointments
Connecticut (13-6, 2-4) - They're very young and talented, but that combo hasn't exactly produced impressive results thus far. We knew it would be a down year for the Huskies, but it's late January and their 2 best wins are at St. John's and at home against Ole Miss. Meanwhile, they have little offensive flow, and while the talent is evident, it's not turning into results. Their next 3 games are Providence, @ DePaul, and Rutgers. They MUST win at least 2 of 3 if they want to have a shot this year.

San Diego St (13-7, 2-4) - Maybe they're not as big of a disappointment nationally, but I certainly thought they'd be a lot better than this. They have some really, really talented guys in Brandon Heath, Mohamed Abukar, Lorrenzo Wade, and the rest, but it hasn't turned into great results at this point. This was a team I really thought would be able to challenge to get to the Sweet 16, and while there's still a lot of the season to be played, it's been a little disappointing so far.

Washington (12-7, 2-6) - Excellent win against Oregon, but certainly there's still work to do. Honestly, I was a little shocked when I checked their record... I know they lost a lot from last year, but they have Tourney type talent... Justin Dentmon, Spencer Hawes, Jon Brockman and the rest are all good enough to get this team to the Tourney. With solid non-conference wins against LSU and Northern Iowa and the strength of the Pac-10, a .500 conference record might be enough to get them in, but there is work to be done. The next two games are against the Pac-10 bottom feeders in Oregon St and Arizona St., making it imperative that Washington wins those games.

Alabama (15-4, 2-3) - Their overall record is nice, and even their conference record is nothing awful, but its just the way that they've lost the 3 conference games. They've gotten annihiliated in the 3 conference losses by an average of 24 points per game. More concerning is the fact that Ronald Steele doesn't appear to be 100% right now... they need him if they're going to make a Tourney run.

Who are your biggest surprises and disappointments so far?

GOODBYE RONALDO

NEWS FLASH - 20.00Hrs Ronaldo is in Milan (see the belowpicture) with Milan´s Galliani to watch the Milan-Ac Romagame. Ronaldo will be medically examined tomorrow morning,& if all well, will become officially an AC MILAN player.Its all over the Spanish media the news that AC MILAN& REAL MADRID have come to an agreement to transferBrazilian forward RONALDO pending medical examination,which could

ATLETICO DE MADRID & VALENCIA TRANSFER NEWS & GOSSIP

The player market is certainly lively & clubs likeATLETICO DE MADRID & VALENCIA CF arethinking long term.At.Madrid has signned Brazilianpromise DIEGO DA SILVACOSTA belonging to Braga deSporting from Portugal.The player is currently workingon loan with 2º Division Portuguesside Peñafiel.The 18 year old forward willincorporate himself with hisnew side next season.Today another playerFABIANO ELLER

Wednesday, January 24, 2007

Other material that is better than average

Because really folks, better than average is all we shoot for here. Anyway, I kind of have a headache here, so instead of, um, writing a lot of stuff out, I'll just link around. Which is probably pretty evident.

First a few different guys I know started a couple different blogs... In Beane We Trust and The Sports Flow. I'm not in the business of guaranteeing that you won't be disappointed, but I don't think you will.

For the best Joe Mauer impersonating Mean Joe Greene commercial ever, click on this link. It's pretty much awesome.

If this happens, it will replace the Joe Mauer commercial as the greatest thing ever. Seriously, I would pay to see The Chuckster race Dick Bavetta.

At some point during last year's Big East Tournament when Gerry McNamara was making seemingly every shot he took, I declared him my Personal Jesus (since been redacted since that was not likely to ever happen again in his career)... my, how the mighty have fallen [all the way down to the D-League].

Bruce Pearl: coolest coach in America?

For greater ease of use, you can always subscribe to my feed if you want. It's up to you.

That's all I got. I'll try to do better the next time.

SPANISH LEAGUE . BETIS - FC BARCELONA RESULT & TRANSFER NEWS

REAL BETIS & FC BARCELONA have finished playing the gamelost due to Barça´s trip to Japan for the World Clubs Championshipswith a 1-1 draw.It was a chance for Barça to jump away from its immediaterivals Seville FC & Real Madrid ,with this draw they onlymanage to escape by a point. Missed opportunity which may hurtlater on in the season when the race gets hots & tight.Final Score:Betis 1 ( Robert

TENNIS. RAFAEL NADAL SAYS GOODBYE.

RAFAEL NADAL said goodbye to this yearsAUSTRALIAN OPEN Tennis tournament.He was knocked out in todays Q/final by ChileanFERNANDO GONZALEZ 6-2 , 6-4, 6-3 . Surprisingresult seeing that Nadal was looking very good cominginto this match. However, cannot take away the great gamefrom Gonzalez who moves onto the next round.The "Aussie" Open is a tournament that is resisting Nadalwho is currently Nº2

Upcoming Symposium at Ripon College: Ethics in Sports

On February 1st and 2nd, the Ethical Leadership Program at Ripon College in Wisconsin is sponsoring a symposium featuring some very interesting and provocative panelists and keynote speakers, including Bud Selig and Myles Brand. Check out the program for the event.

CRISTIANO RONALDO. REAL MADRID ATTACKS AGAIN

Manchester United young Portugues striker CRISTIANORONALDO is seen as the natural successor to Luis Figo, &the winger that REAL MADRID needs for its renewedfuture proyect.So much so that Pedja Mijatovic - Real´s Football Director -has the boy on his list of priority signnings ( along withKaka) for next season.The on - off relationship between Ronaldo & Real Madrid has been ongoing for sometime.

Tuesday, January 23, 2007

NBA Rundown

With the NFL playoffs, college football bowls, and everything else, I haven't written about the NBA very much this year. Which is a shame. So to rectify that, let's take a brief look at how each division race is going so far this year:

Atlantic Division
For a short while when the Nets were 20-20 the division leader was at least .500, which was nice for a change. They lost now to drop to 20-21, but they hold the slim division lead. I thought the Celtics would be able to challenge for the division crown, but the injury of Paul Pierce ended that. They've gone 2-14 with him out the lineup, and believe it or not, that's not good enough to win the Atlantic. Elsewhere, Philly is awful and the Knicks are the Knicks, so it's looks like this race is between the Nets and Raptors... don't sound so excited.

Central Division
Hey, a division in the East with more than 2 teams over .500! Washington is obviously playing well, but I think there's an extremely good chance that the 3 best teams in the East reside in the Central division. The Pistons are up top and they are the best offensive team in the division, the Cavs are in 2nd, and they have this guy named LeBron James on their team, which helps (though the key is the supporting cast). The Bulls are in 3rd, but they have the best defense in the division. Put it all together, any of them can win the division and I would bet that the Eastern Conference winner will be among these three teams. Unless DWade pulls off a miracle like last year, I don't see what other team will beat them in the playoffs.

Southeast Division
The Wizards are playing well, but they have the same problems they've had in the past. They're not getting any inside scoring and they can't play any defense whatsoever. That's generally a bad combination in the playoffs. The other competitors are Miami and Orlando... Orlando started strong but has cooled off, and Miami is being carried by Dwyane Wade. Seriously, without Shaq and Wade this would be the WORST team in the NBA... so it's vital that Shaq can come back and give them something. Anything.

Northwest Division
Utah has the 5 game division lead over Denver right now, but with AI and Carmelo playing together, I think the Nuggets could have a few tricks up their sleeve, especially if Camby can stay healthy for once. After 2 games together things seem to be going just fine with those two, though the defense could stand to be a little better.The TWolves are in 3rd place and .500 right now, but they just fired their coach. I thought that was a pretty awful move, but I'll just quote John Hollinger, because he explained my thoughts pretty clearly today:

Can anyone remember the last time a coach took a team that was expected to be lottery-bound, had them at .500 and in line for a playoff spot at the halfway point of the season in a very tough conference, and got fired anyway?

...From the lofty contract extensions they've handed out to even their most mediocre players, to the way they've axed both Flip Saunders (in February 2005) and now Casey rather than admitting the serial imperfections of the roster, to their current refusal to trade Garnett before his value declines, Minnesota's front office has existed in an alternate state of reality for some time now.

Pacific Division
This is the Suns division and no one has any real chance of winning it besides them. The Suns are 33-8, scoring 112 PPG, playing really solid defense, and [ohbytheway] have won 14 straight games. I try not to get into too much hyperbole, but they have a chance to be one of the best teams ever. Their talent is that good, their coaching is that good, and they play that well together. They started the year 1-5 and have gone 32-3 since. They have 30 of their last 32 games. They own this division and there's no need to discuss anyone else.

Southwest Division
Once again the best division in the NBA and it features [in my opinion] 3 of the 5 best teams in the Conference. Dallas might even be better than Phoenix, the Spurs are still an excellent team, and Houston with a healthy McGrady and Yao can beat anyone in the NBA in a short series. All 3 teams are real good, and along with the Suns, Lakers, and Jazz are the reason that I am really, really looking forward to this year's playoffs.

So who's the best team in the NBA? Mavs or Suns?

Tank Johnson Will Join the Bears in Miami

The Chicago Tribune just reported tonight that Terry "Tank" Johnson, defensive lineman for the SuperBowl bound Chicago Bears, has been cleared to travel to Miami with no restrictions. Tank had been under house arrest after police raided his home in the northern suburb of Gurnee, allegedly finding a number of handguns and assault rifles, for which Tank was not licensed (there are other reports that Tank was licensed in Arizona, but not in Illinois). Cook County prosecutors found this latest offense to be in violation of his probation that he received in November 2005 for an unlawful gun possession charge.

Johnson had been under house arrest, but allowed to go to work (Lake Forest for practice; Soldier Field for games), and would need special permission to leave the state, which he just received.

In other news, Johnson has not been charged in connection with the shooting death of his bodyguard/friend Willie Posey on December 16 while Johnson was with him at the River North club, Ice Bar.

As a Bears fan, I know that Tank is an essential part of the Bears D, especially in light of the losses of Mike Brown and Tommie Harris to injuries. As a lawyer, Tank seems to have complied with the conditions of his house arrest, but I hope that justice was blind here.

My main concern is that there are "no restrictions" on Tank while in Miami. Certainly there would seem to be a case here to restrict Tank to practice and the game as he is restricted while in Chicago. Any criminal lawyers with some insight here?

Beckham just one of many advances

Following up on my post of January 18, click here for a break-down of some of the reasons why the future is bright for the MLS. Beckham was just one of many significant developments.

SPANISH FOOTBALL . "LA LIGA" LEADING GOAL SCORER AFTER 19 ROUNDS

One of the most received emails at SFS are readers askingto know more about the leading goal scorer, locally knownas "El Pichichi" of the Spanish 1º Division. After 19 Roundsplayed of "La Liga" here are the Top 5 goalscorers:1. KANOUTE (SEVILLE FC)15 GOALS2. RONALDINHO ( FC BARCELONA)12 GOALS3. DIEGO MILITO ( REAL ZARAGOZA)12 GOALS4. VAN NISTELROOY (REAL MADRID CF)10 GOALS5. DAVID VILLA9 GOALS

Monday, January 22, 2007

A Special Shoutout to My Mom

I don't know if she'll ever read this because she doesn't like sports, but my mom was commenting on how I never write about her (or any of my other family) on here... which I thought there was an obvious reason, being that I generally write about sports. But that's ok. Which means that I'm breaking stride here with a non-sports post, but it's my party and I'll cry if I want to.

I don't want to leave anyone out, so rest assured, I love you Mom and you're the best!

(I hope she doesn't object to her picture being up here!)

ATLETICO DE MADRID - SIGNNING NEWS

Spanish sports daily "AS" has announced news that ATLETICO DE MADRID will sign 2 new players thisweek to reinforce the side.The 1º of these players is hours away from signning.He is FABIANO ELLER a 29 year old Brazilian defenderplaying at PORTO ALEGRE who actually belongs toTRABZONSPOR.Eller is pictured above in red.The 2º player is KANGA AKALE the AUXERRE winger- pictured below - who will give

Andre Waters and Concussion Liability for NFL Teams

Last week, the New York Times featured a troubling story about an expert's conclusion that former NFL Player Andre Waters' suicide may have been the result, at least in part, of concussions sustained during his football career.

While I hate to sound like a league defender, I wish the information on which this story was based had come from different sources...

The expert cited in the story is Bennet Omalu. According to the Times,
The neuropathologist, Dr. Bennet Omalu of the University of Pittsburgh, [is] a leading expert in forensic pathology.
This may be a bit of an overstatement, and is clearly misleading in terms of Dr. Omalu's institutional affiliation. According to Pitt's web-site, Omalu's "University Relationship" is that of "Volunteer (with ER)." That is to say, he's not a professor or university employee, as far as I can tell. Dr. Omalu is a "Forensic Expert" for a "Medico-Legal Consulting and Autoposy Service Company" called Neo-Forenxis; according to another Pitt web site, he is an Allegheny County Coroner and a former (2000-2002) clincial fellow. Moreover, Dr. Omalu may have been predisposed to reach the conclusion he did, given his previous conclusions in similar cases. Clearly, the doc has a theory and here was a chance to push it.

The Times story also indicates that Dr. Omalu's investigation was initiated after prodding by former Harvard football player and professional wrestler Chris Nowinski, author of a book called Head Games: Football's Concussion Crisis, as well as this myspace page and this fan page.

This is not to say that Dr. Omalu's conclusions are not based on some interesting developing science linking brain injury and depression. But it looks to me like this is a quasi-professional expert witness whose credentials have been a bit over-hyped by the Times. Moreover, while Nowinski may mean well, he does have a bit of a financial interest (in selling books) that would be served by both this NYT story and allegations that a former player's suicide (already a scandalous matter) resulted from, guess what, the very thing he's writing about. It's also fair to say that the credibility of a professional wrestler is, well, not exactly unimpeachable.

In any event, should Dr. Omalu's concerns be substantiated, the legal issues posed will be intriguing. What liability, if any, would attach to a team, or a team physician, for negligence or other tortious conduct leading to suicide? At one point in time, suicide was considered to be a superseding intervening act that severed the chain of proximate causation between "wrongful act" and "unfortunate result". The modern trend, however, allows suits against those who increase the risk of suicide, fail to prevent suicide or detect suicidal tendencies where suicide was a foreseeable outcome. Typically, these defendants are manufacturers of brain-altering medication or psychologists, psychiatrists and other therapists.

But why not a team, a league, or a team physician? If new science demonstrates a connection betweend depression and mild brain trauma, a team physician (now typically labeled an "independent contractor" to insulate the team from liability) who clears the player to return to play might bear some liability exposure. As one leading scholar explains:
Medical clearance recommendations should be within the bounds of accepted or reasonable sports medicine practice and governed by the team physician's paramount obligation to protect the competitive athlete from medically unreasonable risks of harm. To avoid potential legal liability, the team physician should refuse clearance of an athlete if she believes there is a significant medical risk of harm from participation, irrespective of the team's need for the player or the player's personal motivations.
Matthew J. Mitten, Emerging Legal Issues in Sports Medicine, 76 ST. JOHN'S LAW REVIEW 5 (Winter 2002).

Is it fair to say that Waters would be barred by assumption of risk or other "limited duty" or "no duty" rules applicable in professional sports? As one psychology blogger notes,
Waters seemed to recognize the risks of his position. “Playing strong safety in the NFL, it’s either kill or be killed like ‘Survivor,’” Waters said.
For the plaintiff lawyer's perspective, check out the Brain Injury Blog. HT to Toledo psychology professor and law student John McSweeney for pointing me in this direction.

A New Dawn in F1

Formula 1 (F1) seems to have at long last found its feet in America. Not only has Indianapolis regained its place as a legendary F1 venue but Scott Speed scored a first valuable point for the Scuderia Toro Rosso - incidentally, Scott's performance may not be enough to secure him a driving seat for 2007. Meanwhile, the European Commission (Commission) has finally put an end to its investigation into the Formula One and other four-wheel motor sports. And it may change the face of the sport as we know it. In the late 90's, the Commission's attention was drawn to the regulatory and anti-trust issues regarding the governance of F1, centered on the role of the FIA.
The days of F1 as the playground of Bernie Ecclestone and the FIA may not be over just yet, but the repercussions of this long investigation represent a new dawn. We have to go back to 1994 to understand the sort of stranglehold Mr. Ecclestone had on the sport. Back then, F1 was directly run by the FIA (the sport's regulating body), FOA (which held the commercial rights to F1) and ISC (which had acquired F1's broadcasting rights for subsequent resale). The link between all three entities was Bernie Ecclestone, whether as a director, owner or founder. Throughout the whole process, the Commission's concerns revolved around four main issues:
(i) The need to guarantee that the regulating functions fall upon a body with no commercial stake in the sport, in order to avoid any conflict of interest between the ones who partake in it and the ones who lay down the rules;
(ii) The need to ensure that the agreements entered into by FIA, FOA and the teams, circuit owners and TV networks do not limit the ability of other undertakings to organize, participate and broadcast F1 events. Moreover, the Commission displayed concerns over the restrictive effects of such agreements on the inception and existence of rivaling competitions, which were not allowed to race in F1 circuits, to enter F1 teams or to be broadcast on channels that covered F1 races;
(iii) The need to ensure that FIA shares the Intellectual and Industrial Property rights arising from the competition with teams and other intervening parties; and
(iv) The need to limit exclusive broadcasting to 5 or 3 years, as opposed to the 10 years which were generally agreed upon.
While the inquiry lasted, SLEC (owned by the Ecclestone family along with three banks) became F1's major player. The Commission is now satisfied that FIA currently limits its capacity to regulatory functions which will allow the creation of potential inter and intra-brand competition between Formula One and similar races and series. Furthermore (...) broadcasters in the various countries will be invited to tender for the TV rights on the expiry of the current (and any future) contracts. (...) The parties have also reduced the length of free to air broadcasting contracts to a maximum three years (except for contracts where specific investments justify a length of up to five years).
F1, albeit a global sport, is structured in a very "European way". Utility purposes are still coupled with profitability goals, which is odd in a sport that is not seen as playing a relevant cultural or social role - if any sport should be "downplayed" as simple business, F1 is it. Is the separation of regulatory and commercial interests truly needed? Or should we just accept that the two go hand in hand? The professional leagues in America are the ultimate examples of this. There is no better motivation than the suggestion of money. But in Europe other considerations come to play with unwarranted strength. So it won't be a surprise if less and less European circuits feature in the list of F1 races in the future. It seems we are the only ones who snub the driving force behind all things in modern days...

VIDEOS OF GOALS - REAL ( REYES) & ATLETICO DE MADRID (ZE CASTRO)

Reyes free kick goal v Real MallorcaJornada 19. Atlético Madrid - OsasunaSee all the details of Round 19 on the below post

Sunday, January 21, 2007

Super Bowl: Colts vs. Bears

Offense vs. Defense. The Super Bowl will be a matchup of opposites... the Bears won today with defense, the Colts won with offense. A quick look at each of the games:

Bears 39, Saints 14
This one was all about the Bears defense. Drew Brees helped them out a little by having a pretty poor game, but that was mostly just due to the relentlessness of the Bears defense. The front line with Ogunleye, Anderson, and the rest were tremendously effective in getting pressure on Brees and forcing him to get rid of the ball. The Bears were great covering the receivers, putting pressure on the QB, and causing plays. They went for strips, INT, and everything else and it paid off in a big way all game.

Offensively, still not a good game by Grossman. Rex Grossman had one good drive all day, and a lot of that was largely the result of throwing against a bad CB in Fred Thomas. (and as a sidenote, great play by Bernard Berrian on the TD catch). However, he didn't really need to be that good, because the running game for the Bears was very solid. Benson and Jones each got at least 19 carries, and this allowed the Bears to control the clock. Bears just outplayed the Saints, especially with the great play of the defense.

Colts 38, Patriots 34
Wait, Peyton Manning led his team on the clutch TD drive while Tom Brady threw an INT to seal the game? I wonder how the media will take this one. Regardless, just an outstanding football game all around, and basically everything I thought it would be and more.

For the first half, it looked like it would be the same old song and dance for Peyton Manning against Bill Belicheck in the playoffs... after the INT return for TD by Asante Samuel, the Patriots had a 21-3 lead and were in complete control of the game. A late Indy FG in the first half made it 21-6, but surely Brady and Belicheck wouldn't let the Pats blow an 18 point lead?

Well, in the 2nd half the Colts were simply unstoppable. Well, not literally, but almost. Here were their 2nd half possessions: TD, TD, TD, Punt, FG, Punt, TD. 32 points in 30 minutes against a Bill Belicheck coached defense. Astounding.

It was a game that featured a lot of wild things... such as 2 fumbles recovered for TDs by offensive lineman, which isn't exactly an everyday occurrence. But the weirdest thing of all was the late 4th quarter, where for once we saw the Pats let a playoff game against the Colts slip away. Brady couldn't move the chains to put the game away, forcing the Patriots to punt it back, and Peyton Manning drove them right down the field for the game-winning TD.

For all of the bad commercials over the year, it's hard not to feel good for Manning. By all accounts he's an incredibly hard worker, and so it's nice to see him climb the mountain a little more to reach the Super Bowl. Now in 2 weeks we'll see if he can reach the top.

NBA Activates its "Security Forces" to Prohibit Players from Frequenting Nightclubs

According to Mitch Lawrence of the New York Daily News, the NBA has "ordered its security forces" to come up with a list of nightclubs that should be made off-limits to players:
In the wake of the Broncos' Darrent Williams' murder in Denver, and other shootings in that city involving pro athletes, the NBA this past week ordered its security forces in all 29 cities to come up with a list of clubs and other night spots that should be made off-limits to players. Once the clubs are identified, with the help of local law enforcement, the league will send a directive to teams mandating that players avoid those spots or be subject to a substantial fine.
Setting aside, for a moment, the dubious merits of this policy, it does not appear to enjoy the benefits of collective bargaining. The closest textual support it may obtain from the NBA-NPA collective bargaining agreement derives from Article VI, Section 11, which delineates "league investigations" into player behavior:
Players are required to cooperate with investigations of alleged player misconduct conducted by the NBA. Failure to so cooperate, in the absence of a reasonable apprehension of criminal prosecution, will subject the player to reasonable fines and/or suspensions imposed by the NBA.
I suppose the NBA could characterize the policy as reflecting a broader and extended league investigation into player behavior, and that such an investigation has been contemplated by the respective parties to the CBA. There are several other sections from Article VI that might also lend the NBA textual support, but none appear sufficiently relevant. And without collectively-bargained support, it, like any non-collectively-bargained working condition, would be subject to antitrust review--and as Joe Rosen and I detail in our Case Western Reserve Law Review article, antitrust law is not especially tolerant of unilaterally-imposed league prohibitions on working conditions, particularly given the existence of the labor exemption, which is premised on the belief that employees are better off negotiating together than individually, particularly when negotiating wages, hours, and working conditions. Also expect a possible objection from NBPA head Billy Hunter, who might, on behalf of the NBPA, file an unfair labor practice charge with the NLRB, particularly if this nightclub prohibition--which, according to Lawrence, will enjoy police assistance--constitutes "spying on employees."

As to the merits of the policy, I suspect it will strike most players, fans, and media as patently paternalistic, even more so than the dress code (and this is a league, after-all, featuring a commissioner who calls NBA players "these kids"). While the NBA understandably has a vested interest in seeing its players represent their teams and league in a law-abiding way--and to do so at all times--going to a night club isn't against the law (although players obviously have to be 21 or older to drink there). It's an activity that some of the players, who are grown men, like to do, just like other adults like to do.

And if the NBA's sole concern is one based on a safety analysis of players at nightclubs, then shouldn't the league also prohibit them from drinking alcohol or eating fattening foods? How about if those same players travel back home to where they grew up--some of them are from some pretty bad neighborhoods, should those neighborhoods be put off-limits, too?

Update: Skip Oliva over at the Voluntary Trade Blog checks in with a thoughtful response to this post:
Even if Stern’s idea has merit, why does it have to be imposed by the league office on all 29 teams? It’s better to leave this type of player conduct issue to the individual clubs. Stern’s centralism actually makes it more difficult for individual clubs–particularly coaches, who have far less power on most teams than star players–to maintain their own discipline. Paternalism reduces the incentive for individuals to take greater responsibility for their own actions.

McCann notes how arbitrary the nightclub prohibition is; will players also be prevented from drinking or returning home to “bad neighborhoods” in the name of protecting the league’s image? Stern will certainly grab as much authority as he can before his media allies turn on him or, more likely, the lawyers get involved.

Update 2: David Wilson over at Sports On My Mind has a substantive analysis of this topic.

SPANISH FOOTBALL - "LA LIGA" - ROUND 19 RESULTS

Low number of goals in Round 19 of "LA LIGA" this weekendwith up to 4 nil all draws. The highlight was Barça victory thattakes them back on top & gives them the testimonial title of"Winter Champs" ( half way season mark), Valencia´s win whichkeeps them on their winning run, Atletico´s "revenge" victory& Real Madrid´s win, amongst others.ATLETCO DE MADRID won 1-0 against OSASUNA who knockedthem

Upcoming UVA Law Symposium on Sports and Entertainment Law

On Friday, February 2, the Virginia Sports and Entertainment Law Journal and Virgina Continuing Legal Education will be hosting the first ever Virginia Sports and Entertainment Law Symposium. I am excited to be a part of it, as it will feature an engaging mix of practical and theoretical topics, as well as a dynamic array of speakers. The symposium will be held at the University of Virginia School of Law in Charlottesville. Here is the schedule:

FRIDAY, FEBRUARY 2

8:00 Registration

8:30 Introductory Remarks

8:45 Breaking into Sports and Entertainment Law: A Practical Primer
A panel of experienced practitioners will discuss the strategies commonly used to competently begin representation of sports and entertainment clients. The panel will provide guidance in how to gain the substantive expertise in the economics, business models, and basic legal issues needed to engage potential clients. This panel is for beginning practitioners but can be a refresher for experienced sports and entertainment lawyers as well.
Kirk T. Schroder
Other panelists to be determined

9:45 Negotiating Sports and Entertainment Property Rights in the Digital Age
The channels of delivery for sports and entertainment content are rapidly expanding with the advent of new digital media and the convergence of traditional delivery methods. A lawyer negotiating property rights fees must assess the value of and protections for the product, as well as regulatory concerns in each instance of discrete transfer of rights. With the advent of visual or audio placement to cell phones, YouTube and similar web sites, video, iPODs, socially networking web sites, video games, satellite radio, and scores more of varied media, the lawyer/agent’s role has expanded exponentially. In this session the panel will provide an essential analysis of how to deal with the ever-changing landscape of this topic.
Moderator: Glen Robinson
Panelists: George Kliavkoff, Byron Marchant, Frank Golding, Philip Hochberg

11:00 Break

11:15 The Fundamentals of Representation in Film and Television Productions
In order to meet the demand from many new media of delivery of entertainment content, there has been a major increase in production activity throughout the world. Many states and foreign countries are actively competing to attract productions to their areas. This panel will focus on identifying the primary roles and responsibilities of the attorney in assisting his or her client — whether the client is an actor, director, writer, or studio production crew — and instructing the attorney on the basic elements of movie and television production. Topics will include a review of typical issues involved in the development, financing, production, and distribution of film and television content.
Moderator: Kirk T. Schroder
Panelists: Bennett Fidlow, Don Mandrik, Endi Piper, Michael Steger

12:30 Lunch Recess

1:30 The Fundamentals of Representation in the Music and Sound Recording Industries
Technology is far outpacing the legal and business issues in today’s music and sound recording industries. More and more people each day are receiving music and sound entertainment through a variety of innovative means of distribution to the consumer. This panel will discuss the basic elements involved in representing recording artists, musicians, and music companies, and contrast those elements with the various legal and business challenges facing the music industry as a result of certain new technologies.
Moderator: Kirk T. Schroder
Panelists: Jeff Cohen, Jamerah Dudley, Philip Goodpasture, Elva Holland

1:30 Too Young or Too Old to Play? The Legal Issues Surrounding Age Limitations in Professional Sports
Most professional sports impose age and/or educational limits on their incoming athletes. Not only do these criteria change on a regular basis, but they continue to be challenged in the courts. Constitutional, antitrust, and labor issues dominate this ongoing controversy. The members of this esteemed panel have been at the forefront of these issues, and their commentary will be candid, insightful, and of immense value in planning for the future.
Moderator: Michael McCann
Panelists: Philip Evans, J. Gordon Hylton, Rick Karcher, Kristi Schoepfer

2:45 Break

3:00 The Basics of Representing Professional Athletes
This superb panel will discuss the key elements to consider when representing professional athletes (or athletes hoping to become professional). The panel will discuss playing and marketing contract negotiations in individual and team sports, client fee arrangements, breach of contract (by the player or the team), tortious interference from other prospective lawyers or agents, labor issues, and ethical issues that face any attorney in this field.
Moderator: Kimberly Haynes
Panelists: Donald Dell, Kimberly Holland, Ryan Rodenberg, Larry Woodward

FACULTY

Jeff Cohen, Partner, Miller, White, Zelano & Branigan
Donald Dell (UVA Law, 1964), Senior Vice President, SFX Tennis; Founder of ProServ; Co-Founder, Association of Tennis Professionals; Legendary figure in sports marketing and representation
Jamerah Dudley, Co-Owner, National Artists League
Philip Evans (UVA Law, 1988), President, National Basketball Development League (NBDL)
Bennett Fidlow, Partner, Schroder Fidlow, PLC
Frank Golding (UVA Law, 1993), Assistant General Counsel, ESPN
Philip Goodpasture (UVA Law, 1985), Partner, Williams Mullen
Kimberly Haynes, Kim Haynes Law
J. Gordon Hylton (UVA Law, 1977), Professor, Marquette University Law School
Philip Hochberg, Law Offices of Philip R. Hochberg
Elva Holland (UVA Law, 1982), Video Producer and Entertainment Lawyer
Kimberly Holland, CEP, Icon Management
Rick Karcher, Professor, Florida Coastal School of Law
George Kliavkoff (UVA Law, 1988), Chief Digital Officer, NBC Universal
Don Mandrik, Associate, Arnall Golden Gregory
Byron Marchant (UVA Law, 1987), Executive Vice President and General Counsel, BET
Michael McCann (UVA Law, 2002), Professor, Mississippi College School of Law
Endi Piper (UVA Law, 1998), Director of Business and Legal Affairs, TV One, LLC
Michael Steger (UVA Law, 1993), Law Offices of Michael Steger
Glen Robinson, Professor, University of Virginia School of Law
Ryan Rodenberg, Associate General Counsel, Octagon
Kristi Schoepfer, Professor, Winthrop University
Kirk T. Schroder, Partner, Schroder Fidlow, PLC
Larry Woodward, Partner, Shuttleworth, Ruloff, Giordano & Swain

CO-DIRECTORS: Carnell L. Cherry, Robby Forbes, Kirk T. Schroder, and Sarah Wigfall

Special thanks to Robby Forbes and Jenny Luetkemeyer, Editor-in-Chief and Managing Editor, respectively, of the Virginia Sports and Entertainment Law Journal, for their excellent organization and planning of this event.

For more information on the Symposium, including prices on attending, securing lodging, and obtaining CLE credit, please lick here.