PRE - SEASON FRIENDLY GAMES: HANNOVER 96 - 3 REAL MADRID - 0

REAL MADRID lost its pre-season friendly match againstHANNOVER 96 by 3 goals to 0. Real Madrid started well but missedclear chances early, like Higuaín below, that allowed Hannover togrow. The Germans physical strenght then dominated with excellentcounter - attacks that ended in goals.Here are the key points on Real´s game that SFS observed tonight:1. Germans physically fitter & Real still need

SPANISH FOOTBALL TRANSFER NEWS

Young Italian 20 year old forward GUISEPPE ROSSI will playat VILLAREAL CF for the next 6 years at a cost of 10M€.Rossi comes from MANCHESTER UNITED were he signed with17 years & played on loan at Newcastle & Parma. He is the big hopeto fill the shoes of departed striker Diego Forlan.GETAFE forward DANIEL GUIZA has confirmed that he is goingto MALLORCA & will be presented next Thursday. The

New Sports Law Scholarship

New this week:

Elisa M. Butler, Civil rights--no hitting back: schools have to play by the Title IX rules, 7 WYOMING LAW REVIEW 577 (2007)

Susan K. Menge, Should players have to pass to play?: a legal analysis of implementing genetic testing in the National Basketball Association, 17 MARQUETTE SPORTS LAW REVIEW 459 (2007)

Barbara Osborne, “No drinking, no drugs, no lesbians”: sexual orientation discrimination in intercollegiate athletics, 17 MARQUETTE SPORTS LAW REVIEW 481 (2007)

Anthony S. Marinac, Dworkin on the half-forward flank: the jurisprudence of AFL’s Spirit of the Laws, 17 MARQUETTE SPORTS LAW REVIEW 503 (2007)

James Potter, Comment, The NCAA as state actor: Tarkanian, Brentwood, and due process, 155 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1269 (2007)

Megan Ryther, Comment, Swimming upstream: men’s Olympic swimming sinks while Title IX swims, 17 MARQUETTE SPORTS LAW REVIEW 679 (2007)

Joeseph M. Saja, Comment, Back to the game: how Congress can help sports leagues shift the focus from steroids to sports, 23 JOURNAL CONTEMPORARY HEALTH LAW & POLICY 341 (2007)

Thomas M. Schiera, Note, Balancing act: will the European Commission allow European football to reestablish the competitive balance that it helped destroy?, 32 BROOKLYN JOURNAL OF INTERNATIONAL LAW 709 (2007)

Brent D. Showalter, Comment, Steroid testing policies in professional sports: regulated by Congress or the responsibility of the leagues?, 17 MARQUETTE SPORTS LAW REVIEW 651 (2007)

JOSE ANTONIO REYES - FOR ATLETICO DE MADRID FOLLOWERS

SFS thought its many ATLETICO DE MADRID readers may enjoythis official presentation picture taken this morning of its newest signning JOSE ANTONIO REYES.Certainly looks the part with the uniform. Welcome, & may yougive plenty of joys to Atletico, Spanish Football & followers.

SPANISH FOOTBALL TRANSFER TALK - REAL MADRID, BARÇA, GETAFE...

Anyone really believes that relations between Europe´s two biggestclubs are sour? Sp. daily "Marca" puts on their cover the photo of REALMADRID´s "Football Director" Pedja Mijatovic & AC MILAN´sVice - President Galliani together in Italy after having lunch.The meeting had various objectives, mainly to discuss the possibletransfer of Real Madrid´s Brazilian midfielder JULIO BAPTISTAover to AC

Kevin Garnett traded to the Celtics?

At the time I write this, this is not officially confirmed yet, but it appears so. Also, deals aren't completely finalized, but it looks like Minnesota will be getting Al Jefferson, Gerald Green, Theo Ratliff, Sebastian Telfair, Ryan Gomes, and draft picks for The Big Ticket.

This is the type of deal that I think actually does work for both teams pretty well. They will both have very different goals next season, and this trade pushes both of these teams in that direction.

First, the Timberwolves, who officially enter rebuilding mode. Kevin McHale was just not able to put together a decent cast around Garnett the past few seasons. So, instead of enduring another 35-win season with Garnett near the end of his prime, they traded him. Partly because he wanted to move on, partly because it really was the best move for everyone involved. And really, I think they're getting a pretty nice haul, depending on what it is when its finalized.

Al Jefferson is 22 years old, coming off of a 16 and 11 season, and could be an All-Star in a season or two, even in the West. Obviously, he's the main piece of the deal, and he's extremely promising. The other big piece is certainly Gerald Green, who has loads of athletic potential. He might still be a ways away from being a consistent contributor, but he does have lots of potential. They also look to get Ryan Gomes (a nice role player), Sebastian Telfair (meh), Theo Ratliff (an expiring contract), and picks. Not bad.

Yes, they lose the face of their franchise and the most popular player in the history of the team. But due to management, they simply weren't going anywhere with him on the roster. Now, they have a nice core of young players to grow with... guys like Al Jefferson, Gerald Green, Randy Foye, Corey Brewer, and Rashad McCants are all nice pieces.

For Boston, they were basically backed into a corner with the Ray Allen deal. With this, that makes a little more sense, and we can clearly see the direction of this team. Ainge has sacrificed the long-term future, but they are now legitimate contenders in the East. After the Ray Allen deal, this is one that almost had to be made.

They need to make some other moves... as good as the trio is, they can't win by themselves... but they are like a better version of the Wizards, and the Wizards would have been a threat in the East last year if they had been healthy. I don't see any problems arising with KG, Allen, and Pierce playing together. They've all had the starring role, but I don't have a hard time seeing them all co-exist and work together. Are they are a 50-win team right now? I'm not sure. They don't really have a starting PG, C, or any depth. But in the East, those 3 guys might be good enough to get them a top 3 seed.

What do you think of this deal if it happens? Who wins?

ATLETICO DE MADRID NEWS. REYES TO BE PRESENTED TOMORROW MORNING

JOSE ANTONIO REYES passed his medical check & will be presentedtomorrow as new player for ATLETICO DE MADRID. The deal was12M€ & a 4 year contract that set free the player from ARSENAL.Reyes will immediately join his teammates & begin pre-seasonas they fly out to Amsterdam to continue with their preparation.The team is now taking shape & a possible line -up may soon looklike the following:Franco,

Hancock Lawsuit Voluntarily Dismissed

The family of deceased St. Louis Cardinals pitcher Josh Hancock has voluntarily dismissed without prejudice the wrongful-death lawsuit arising out of Hancock's drunk-driving death in April. I previously wrote about the lawsuit when it was filed.

The family dropped the case just prior to a scheduled hearing on the defendants' motions to dismiss and/or to make more definite the claims. The family did not explain its decision to drop the case. The dismissal is without prejudice, meaning the family could reinstitute the action in the future.

Monday Evening Update:

From ESPN.com, Dean Hancock, Josh's father and the Administrator of Josh's Estate, issued a statement explaining the decision to dismiss the lawsuit. The statement in full:

"The subject of my son's death has been widely reported and discussed, as has my motivation to file the wrongful death lawsuit. Often, legal action has more to do with performing responsibilities and gaining control. This lawsuit was not filed for personal gain. Few know that Josh died without a Will, leaving multiple heirs in two separate families in different states. When I became the court appointed Administrator of his estate, I agreed to perform fiduciary responsibilities to protect the interests of his estate and all beneficiaries.

"Information from the intense news coverage of Josh's tragic death, facts about the accident and varying public statements from witnesses indicated that certain individuals and entities shared some degree of comparative negligence in the cause of Josh's death.

"The final investigation report recently issued by the Missouri Division of Alcohol and Tobacco Control ("ATC") provided some insight into the events leading to Josh's death. Considering all factual issues, combined with the prolonged legal battles which we would have to fight if this lawsuit were to continue, I have instructed that the defendants be dismissed from the lawsuit.

"Josh was often quoted saying, 'everything happens for the good.' The ATC report confirms that since his death, bars and restaurants are now becoming even more focused on their responsibilities. I am certain that his death has caused many individuals to become more aware of personal responsibility. Additionally, a number of employers and groups are also examining and changing their alcohol policies.

"It is my hope that public opinion will eventually have an even greater effect on public policy to emphasize the responsibilities of both those who consume alcohol and those who serve it."

Taking the statement at face value:

1) The family filed the lawsuit on an initial belief that the restaurant and/or tow truck driver might be liable, with the hope that more would come out in the litigation process. Subsequent investigation and inquiry revealed new information and understanding, suggesting that none of the defendants would be liable and that the lawsuit should not go forward

2) The family's goal with the lawsuit was to draw attention to and change the way bars/clubs/restaurants dealt with intoxicated patrons. These changes were happening in the wake of Josh's accident, making further litigation unnecessary. Our tort system is one way that we do social engineering (making the law that changes how people act in the real world), so this make some sense.

Taking the statement not at face value:

3) The motion to dismiss was going to be granted because the dram shop claim could not succeed on any facts (as I argued in my prior post, linked above), because the statute prohibited first-person actions. So the family saved face (and left itself some options) by voluntarily dismissing.

4) I question the new-found concern for the "prolonged legal battles which we would have to fight" as a neutral basis for dismissing the lawsuit. I find it difficult to believe that Mr. Hancock did not realize that the lawsuit would involve a "prolonged legal battle" or that his attorneys did not inform him of that fact.

Disparate Treatment at the Soccer Field?

I first want to thank those at Sports Law Blog for giving me the opportunity to host for the next week or so. Hopefully, the topics, views and analyses expressed will contribute to the discussions in the fast-changing and fascinating field.

Last week, Newsweek published a special issue titled "Islam in America." devoted to the many facets and issues involving Moslems living in the United States. One of the articles, "Moslems and Soccer" caught my eye as it dealt with disciplinary actions late last year involving a high school soccer team of Yemeni-Americans, many of them second or third generation, in Lackawana, N.Y., an industrial town, outside of Buffalo. In 2002, six Yemeni-American men, were arrested, pleaded guilty and jailed for training in Al Qaeda terrorist camps.

The article states: "A flare up last October involving the Lackawanna High School varsity soccer team illustrates how the terror case still vexes the entire community. After losing a playoff match against Akron (a whiter, wealthier nearby town), Lackawanna players spit and swore at the other team, according to reports filed with the Lackawanna School District. Some of the players even turned on their own coach and athletic director, directing abuse at both. One team captain was arrested on harassment charges for allegedly shoving an official, but the charges were eventually dismissed. In November, the Lackawanna School Board voted unanimously to suspend both the varsity and junior varsity programs for a year, tacking on 3 years of probation after that.

On one level, this determination is based on egregious unsportsmanlike conduct. But things become cloudier. Questions arose because the school board decided to punish a junior varsity team that had nothing to do with the event. No reason was given and unless there were some other facts we do not know, it does seem arbitrary to impose a one-year ban and a three-year probationary period for actions that the younger team did not commit. And, one cannot escape the political realities of a team composed of Moslems at a time of underlying tensions caused by the convictions of the “Lackawana Six.”The team’s coach (and uncle to one of the Lackawana Six), was quoted as saying the punishment was more severe because of the terror case. But the superintendent for the school district said the incident was merely the “last straw” in a long history of bad behavior by the soccer teams. The superintended added that the school board's punishment was a pre-emptive action to avoid an even more severe sanction by the regional high school league.

The Newsweek article notes that these players have been the subject of anti-Moslem taunts during games, but referees noted that team has accumulated more red and yellow cards than any other program in its league over the past six years. Clearly, these boys play soccer with (take or your choice) more passion/aggression than other teams. As the team's coach stated, "Soccer is the only sport in Yemen,” he says. “Yemenite youth take it seriously because nobody wants to lose. We start them at age 5. We go hard to the ball.”

I checked the New York State Public High School Athletic Association's men's soccer handbook for Region Six (which encompasses Lackawana) to read about the disciplinary procedures for its member schools. The document only gives general discussion on the importance of sportsmanship, and, interestingly, about respecting the cultural and ethnic diversity of one's opponents. It does not give any guidelines about discipline. Therefore, the procedures rest with the local school district.

However, the school cleverly avoided what would have been a constitutional claim because the actions were extra-curricular and not part of the school day. In such cases, schools have greater discretion in punishing because it is a privilege, not a right to be a member of a sports team. Because the students were not suspended from their right to come to class, the school dodged the due process bullet. With a contrary result, a due process hearing would be required and in such an environment, any discrimination claims, such as the alleged disproportionality of the sanction would come up.

Although state sports associations encompassing public schools are generally state actors under the 2001 Supreme Court opinion in Brentwood Academy v. TSSAA, I don’t that the case pertains to disciplinary actions involving student-athletes. Even if state action would apply here, I do not see how a court would overturn a determination based on the facts such as those presented. The teams’ suspensions were a direct effect from of the on-field conduct, rather than the religion or ethnicity of the students.

But even as I write this, the suspension of the junior varsity team is troubling. I wonder if the decision was a disparate treatment or whether there were circumstances that we do not know that justified this action.

Morals Clauses and Michael Vick's Endorsement Contracts

Last Friday, Nike announced that it was suspending Michael Vick's endorsement contract, effective immediately, while Reebok, the NFL's official uniform supplier, and Donruss, a leading trading card company, both announced that they would no longer sell Vick-related items. As reported by Brent Hunsberger in The Oregonian, Nike's decision reflects a marked change in position from its immediate reaction to Vick's indictment, when the world's largest athletic wear maker stood by Vick, issuing a statement saying, "We do believe that Michael Vick should be afforded the same due process as any citizen."

Animal-rights groups, however, didn't react too well to Nike's position and staged well-publicized protests outside of Nike's headquarters in Beaverton, Oregon, as well as outside of numerous Nike stores. Nike may have also been motivated to reverse course due to news of several of Vick's co-defendants cooperating with prosecutors, and perhaps also civil rights activist Al Sharpton's arguably surprising lack of support for Vick.

Still, and as we've discussed on several occasions, there is a long way to go before Michael Vick is found guilty of any crime. And as we listen to myriad talking heads blast Vick for his alleged behavior, we should keep in mind that we have yet to hear his side of the story. And when he tells that story, he will be advised by Billy Martin, one of the nation's top litigators and whom Vick secured the services of last week. Although some facts concerning how the government obtained evidence against Vick remain unclear, I strongly suspect that Martin will have something to say about how that evidence was obtained, perhaps questioning how a warrant issued to search a premises for drugs turned into a dog fighting investigation, and how the incriminating evidence was found in a separate facility behind the home. Arguments over the admissibility of certain pieces evidence are often crucial in trials, and while it's unclear if issues of admissibility will be raised by Martin, they seem like a pretty good bet to come up.

But with endorsement contracts, we're typically not talking about proving guilt "beyond a reasonable doubt," like we do with criminal trials. Instead, we're usually talking about whether a company is better or worse off being endorsed by a particular person, and if worse off, whether that company has a legal right to suspend or terminate its relationship with an endorser. Along those lines, even if Vick is found not guilty, or if he pleads no contest to lesser charges or if the charges are dropped for whatever reason, his mere tacit involvement with underground dog fighting can be seen as morally reprehensible--a point raised by Geoffrey in a comment last week--and thus ill-suited for someone endorsing a product. Indeed, Vick's previous misbehavior (e.g., the Ron Mexico lawsuit; giving the finger to Falcons' fans) motivated several other endorsers, including Coca-Cola, EA Sports, and Air Tran, to not continue their endorsement relationships with him.

With respect to Nike in this instance, however, we see a company suspending an existing contract, rather than not continuing an expiring contract. As I discussed with Hunsberger for his story, Nike enjoys that right due to a morals clause in its contract with Vick. The type of behavior that can trigger a morals clause is often the subject of intense negotiation between an athlete's representative and the company endorsed by his client, and that is a point that Peter Carfagna and I discuss in an article written by Robb London in the October 2005 issue of the Harvard Law Bulletin:

A recent trend, [Harvard Law School lecturer on law] Peter Carfagna says, is an almost obsessive attention now paid to morals clauses in sports contracts, especially in the aftermath of the O.J. Simpson and Kobe Bryant criminal cases. "Morals clauses are now the most heavily negotiated terms," he said. "And the steroid scandal in Major League Baseball is putting even more pressure on sponsors to negotiate escape clauses in contracts with athletes who test positive for illegal performance-enhancing drugs."

Lawyers hash out as much as they can foresee before a contract is finalized, says Michael McCann LL.M. '05, who, together with Greg Skidmore '05, maintains a popular sports law blog, sports-law.blogspot.com. Must an athlete be convicted of a crime before a company will be released from an endorsement contract? If so, must it be a felony? Is a mere allegation or charge sufficient to void a contract? Does a single positive test for steroids give Nike an out? What about gambling, domestic violence, an admitted extramarital affair or anything in an athlete's private life that does reputational harm--will an allegation or admission release a company from continuing to honor a contract?

It will be interesting to see whether Vick will be able to not only defeat criminal charges, but also restore his image. I think we can safely say that his days of earning $7 million a year in endorsements are long gone, and most marketing experts seem to agree. Professor Bill Sutton of the University of Central Florida, for instance, artfully says, "He's going to disappear, like a magic act."

But let's say that Vick can overcome his legal problems. Can he then make a marketing comeback?

He probably won't have that opportunity with the Falcons, which seem poised to release him. And as CNBC's Darren Rovell examines on Sports Biz, it's unlikely that Nike will want him back.

But say, hypothetically, that the Oakland Raiders signed Vick and he thrived there, restoring a once feared, but now scorned, franchise to dominance--could Vick be great again in the eyes of fans, or would the memories of dog fighting linger on?

Kevin Garnett to Boston Celtics

A month ago, I wrote about Kevin Garnett using an opt-out clause in his contract as a de facto no trade clause. His goal was to discourage the Boston Celtics--the NBA's second worst team last season--from trading for him. His strategy worked, as the Celtics turned to other trade options.

But since that time, both the Celtics' situation and Garnett's situation have changed considerably. Namely, the Celtics traded for all-star Ray Allen, who joins Paul Pierce to give them two legitimate 25+ per game scorers (Allen averaged 26.4 points per game last year; Pierce averaged 25.0). In obtaining Allen, the Celtics also dispatched Wally Szczerbiak, whom played with Garnett for seven seasons in Minnesota, during which time the two apparently didn't like each other.

If we are to believe various media reports this morning, the Celtics are on the verge of trading for Garnett and signing him to a contract extension (Garnett is seeking a 5-year extension worth $125 million). The Celtics are apparently set to deal Al Jefferson, Gerald Green, Theo Ratliff, Sebastian Telfair, and a 2008 first round draft pick for Garnett, who has warmed to the idea of playing in Boston, particularly since Timberwolves GM Kevin McHale has been reluctant to deal him to a Western Conference team.

With a lineup featuring Kevin Garnett, Ray Allen, and Paul Pierce, the Celtics seem like the best team in the Eastern Conference, and a legitimate contender for an NBA title. They are certainly an older team (Pierce is 29, Garnett is 31, and Allen is 32), but they now have a 3-year window to go for it all. It's amazing how the fate of a franchise can change so dramatically in just one month.

REYES GOES TO ATLETICO & CATCHES REAL MADRID OFF- SIDE

Its the news of the weekend in football circles. Whlie Real Madridwaited to see what happened with JOSE ANTONIO REYES discontentto go to LYON, ATLETICO DE MADRID moved in on Friday, betteredthe transfer price & got the players OK.It was a poor strategy, illustrating over confidence & arrogance fromReal´s part. They knew Reyes would say NO to any offer that camefrom outside Spain & they played the

GREAT WEEKEND FOR SPANISH SPORTS

Just got back from a fine & relaxing 2 days & see that SpanishSportsmen have done very well over the whole weekend Most notable is Spaniard ALBERTO CONTADOR winning theTOUR DE FRANCE.Also great to see ATLETICO DE MADRID qualify for UEFA viathe Intertoto & its 1-0 victory at home against Gloria Bistrita.Spaniard CARLOS MOYA won the CROATIAN OPEN of Tennis6-4 6-2 against Andrei Pavel.Lastly the U/

Japanese sport newspapers

Japanese sport newspapers have over 50 years of history and around 1.5 million readers every day. Japanese sport newspapers write in japanese or in english about traditional sports like sumo, judo and karate or about imported sports with many fans like football, baseball, basketball, ping-pong and motor sports.

Sports Nippon: http://www.sponichi.co.jp

Nikkan Sports: http://www.nikkansports.com/

Sankei Sports: http://www.sanspo.com/

Daily Sports: http://www.daily.co.jp/

Tokyo Sports: http://www.tokyo-sports.co.jp/

Japan Times: http://www.japantimes.co.jp/sports.html

Kyodo News: http://home.kyodo.co.jp/modules/fstCategory/index.php?cmenuid=6&

Yomiuri Shimbun: http://www.yomiuri.co.jp/sports/

Asahi Shimbun: http://www.asahi.com/english/Herald-asahi/sportslist.html

Mainichi Daily News: http://mdn.mainichi-msn.co.jp/sports/index.html

On Vick, Bryant, Bonds, and Rasmussen: Athletes (Allegedly) Behaving Badly

Michael Dorf at Dorf on Law is looking for explanations for the differential treatment of athletes accused of wrongdoing. This is true of sport-related misconduct (why was Tour de France leader Rasmussen kicked off his team and the Tour, while Barry Bonds will break baseball's most-hallowed record sometime next week) or off-field (why has Vick been suspended when Kobe Bryant was not). He asks for a "principle that rationalizes the treatment of these athletes," with the caveat that "different people, different organizations" does not work as an explanation. Some interesting comments, worth looking jumping to look at . My comment, made this morning, is reproduced below:

Unfortunately, the "different people in different organizations" explanation is unavoidable, at least in part.

NFL Commissioner Roger Goodell has asserted (and wielded) a broad power to administratively punish players who run afoul of the law-with running afoul defined as the beginning of the process with the initiation of legal process at arrest/indictment/complaint. In Goodell's view, players' off-field conduct does have direct bearing on fitness for the job, because a player's public likeability and reputation affects the popularity of the game on the field. Agree or disagree with the view, it is the prevailing social policy in the NFL power structure right now. NBA Commissioner David Stern has asserted or sought to wield no such authority.

I think there is a good chance that, if Kobe Bryant played in the NFL now, he would be suspended. If Vick played in the NBA five years ago (or the NFL five years ago, for that matter), he would not have been suspended.

As for Bonds: No formal legal process ever has been instituted against him. He has not been arrested, indicted, or formally accused of anything (contra Vick and Kobe). Reports from last season and earlier this season were that MLB Commissioner was waiting for some indictment of Bonds--tax evasion, perjury, steroid buying, anything--to justify a suspension; no indictment came.

And to distinguish Rasmussen and Bonds on the issue of sport-related misconduct: Bonds has never missed or failed a drug test or otherwise run afoul of the league's steroid policies. As Aron noted, Bonds stands roughly the same position as Lance Armstrong--lots of suggestions and stories, no formal accusations.

Am I onto something? Feel free to offer your own explanations and justifications, here and over at Dorf on Law. I think his offer of a gold star for the winning explanation still stands.

Judge Denies AP Access to Names of Players in Search Warrant Affidavit

Does the public have a "right" to the names of players who were blacked out by federal prosecutors in a search warrant affidavit? We debated this issue at length on the blog last month here. Yesterday, U.S. Magistrate Edward C. Voss rejected a request by The Associated Press to reveal names blacked out in a sworn statement by IRS special agent Jeff Novitzky, which was used to support a warrant to search the home of former major league pitcher Jason Grimsley. The AP argued that the public has a right to access the entire affidavit. However, Judge Voss ruled that the possible damage to the government's probe outweighed any First Amendment and common law rights to release the names. The judge also concluded that prosecutors have not in fact revealed the names to others, including George Mitchell who is heading MLB's steroid investigation. In his 7-page order, Judge Voss wrote:

"Cooperation could be affected, investigation of named individuals could be compromised, leads developed from undisclosed information could be cut off, and evidence could be destroyed. When the investigation concludes, the weight of the government's argument against disclosure will change dramatically. Speculation concerning who is or is not named in the Novitzky affidavit is unfair."

Needless to say, I agree with the judge's ruling. As I said in the comments to my original post, "If I were the judge, I'd tell the AP to go interview people and do your own investigation." I have the same concerns as Judge Voss. The very nature of any governmental "investigation" means that there is speculation. A simple balancing of the harms here weighs heavily in favor of non-disclosure. The harmful impact that disclosure would have upon the individual players and the government is great and immediate, whereas the harm to the AP in waiting to disclose the names until the completion of the investigation is de minimis. Ironically, there is an assumption here that the AP speaks on behalf of the public and that the public interest is somehow better served through disclosure. However, the public does not benefit from compromising government investigations, including impeding the gathering of evidence as well as creating disincentives for people to cooperate. If there is enough evidence to charge these people with a crime, we will know about it....and we'll also know if there wasn't.

ATLETICO DE MADRID PRESENTS SIMAO

Seeing is believing. Finally & after 20M€ ex-Benfica playerSIMAO has been officially presented as new player of ATLETICODE MADRID. As expected he thanked the club for all its efforts &promised to give his all to make Atleti great & win titles. Lets hopeso.

SPANISH FOOTBALL TRANSFER MARKET

Brazilian International & SEVILLA FC player DANI ALVES isspeeding up negotiations with CHELSEA FC, according to "Sport",as his reperesentatives were in London yesterday negotiating adeal. The only obstacle is the 30M€ price tag put by Sevilla who has already refused a 1º offer of 25M€. Stay tuned!Brazilian International & REAL MADRID player JULIO BAPTISTAarrives from holidays today to begin

Early Signs of Congressional Dissatisfaction with David Stern's Response to Scandal

U.S. Congressman Bobby Rush (Democrat-Illinois), who is chairman of the House Subcommittee on Commerce, Trade, and Consumer Protection, has formally requested that NBA commissioner David Stern meet with him to discuss how the NBA manages its operations, particularly in the context of the Tim Donaghy betting scandal. Perhaps based on whether Stern agrees to meet with him and how well that meeting goes, Rush makes clear that he may also call congressional hearings to examine NBA management and its role in the scandal. In a letter to Stern, Rush writes:

If the allegations prove true, this could be one of the most damaging scandals in the history of American sports. Unfortunately, fairly or not, the NBA, more than any other professional sport, has been consistently dogged with allegations that league referees needlessly affect the outcomes of games by making bad calls.

Rush's reaction reflects the same disappointment that many of us had to Stern's press conference on Tuesday, when he paradoxically announced that while the NBA would conduct a thorough internal review, the problem was completely limited to Donaghy. As I wrote for ESPN.com yesterday, how can the NBA conduct a thorough review when the Commissioner has already established its conclusion?

Rush's request also highlights how Stern and many observers are likely missing the forest for a lone tree when they focus all of their attention on Donaghy's apparent bad choices. With humility and honesty, the NBA should also examine to what extent its own policies and practices enabled a situation in which Donaghy could engage in wrongdoing. Given Stern's comments on Tuesday, it doesn't appear that he is willing or perhaps even capable to conduct such an examination, which is why I argued that the NBA should instead hire an independent investigation agency or appoint an independent commission. For the NBA, either option would certainly beat Congress undertaking a highly-publicized, potentially embarrassing public query, which may garner even more attention that Mark McGwire and Rafael Palmeiro received in their less than glorious Congressional moment two years ago.

Special Affinity Between Baseball and Law

A friend e-mailed me the following question and I thought I would pass it along to our readership for further discussion and comment:

What is the special affinity between baseball and law?

I long have believed (although I have no empirical support for this) that baseball is the most popular sport among lawyers (and especially law professors). Baseball seems like the most legalistic of sports; it is rule-bound and tradition-bound, just like law.

So what is going on here? What are some good explanations for this?

DUNDEE UTD 0 - FC BARCELONA 1. FRIENDLY GAME AT SCOTLAND

First friendly game of the upcoming new season for FC BARCELONA against local Scottish side DUNDEE UTD, with the score going Barça´sway in the last minute thanks to a penalty.Barça are doing their pre-season in Scotland & while there they willplay local sides to experiment & fine tune the team. Tonight they playedDundee Utd in a good match with posts, a disallowed goal forUnited &play from all

FC BARCELONA "INVITES" MOTTA TO LEAVE.

With so much new signnings there has to be departures & FCBARCELONA is attempting to place its "discarded" playerselsewhere & away from Barça.After successfully "placing" Guily at AC Roma, Barça wishes tomotive THIAGO MOTTA to find a new club. So much so, that"Football Director", Txiki Bergiristan, has "invited" Motta to leave& finally becoming the professional football player that he was meantto

CYCLING - TOUR DE FRANCE. SPANIARD TAKES LEAD

Spanish rider ALBERTO CONTADOR takes the TOUR DE FRANCElead after todays leg, although SFS is sure he would have preferred to doso under different circumstances.The Tour de France has taken a dramatic change of course afteryesterday´s provisional leader MICHAEL RASMUSSEN was forcedto abandon the race by his team Rabobank after suspicion of use ofillegal substances ( dopping charge) laid on his

NFL Contract Negotiation Seminar

On September 14, Michael Huyghue, CEO of Axcess Sports & Entertainment, will be holding an all-day NFL contract negotiation seminar at Florida Coastal School of Law in Jacksonville, Florida. The seminar is titled, "An Insider's Guide to Negotiating Professional Sports Contracts & Fiduciary Duties," and the topics to be covered include NFL salary cap comprehension, the NFL collective bargaining agreement, contract negotiation strategies and fiduciary duties. This is a unique nuts-and-bolts practical skills seminar for sports lawyers and agents taught by highly experienced negotiators, and has been approved for Florida Bar CLE credit. The impressive list of speakers include:

• Michael Huyghue - CEO of Axcess Sports & Entertainment
• Paul Vance - Sr. VP of Football Operations and General Counsel for the Jacksonville Jaguars
• Henry M. Coxe, III - President of the Florida Bar
• Tony Boselli - 5 time Pro Bowl offensive tackle

More information about the seminar, including registration form, can be accessed here.

ATLETICO DE MADRID NEWS. SIMAO IS NEW PLAYER

SFS was waiting to re-confirm the news. Now that its "splashed"all over the local press, we can notify with confidence.There is agreement between all parties & BENFICA player SIMAOhas been announced as new player of ATLETICO DE MADRIDThe player is expected to arrive at Madrid this afternoon for themedical check tomorrow & if all well, sign his new contract.The deal is 20M€ transfer fee plus 2

SPANISH FOOTBALL NEWS, TRANSFER RUMOURS & GOSSIP

Here is a quick tour of the "top" stories racing around the Footypapers today in Spain.Although REAL MADRID & Chelseaplayer ROBBEN have an agreement,his team is´nt making it easy for himto join Real.Chelsea seems not to count with theDutchmen, if we take the fact that heis not participating at all in the teamswarm up games. But, Chelsea is takingadvantage of Real Madrid´s desire & is continually

For some reason I can't post comments on Wordpress blogs!!

This is a bit off topic, but if you've noticed that I haven't commented on your site lately, it may be because for some mysterious reason I can't! I'm not sure why, but for the past few days my computer hasn't allowed me to post comments on Wordpress blogs... I write the comment, hit "post comment", and nothing shows up. I have no idea why, but hopefully I can get it figured out soon.

This has effected a few blogs in particular!

Zoner Sports - I wanted to comment about how I like Craig Sager (mostly because Charles making fun of his awful suits is great), and about how Dick Stockton has entered into the Dick Enberg/Keith Jackson stage for me... they're old and they forget a lot of things, but I still enjoy listening to them.

Shot to Nothing - I tried to comment to say how I agree [mostly] with your thoughts about John Beck... I liked that pick in round 2 for the Dolphins and I agree that eventually he can be a solid starter.

Digital Headbutt - I tried to comment just on the sheer awesomeness of the Bear Grylls vs. Les Stroud post... seriously, that was awesome.

Larry Brown Sports and Signal to Noise - there was a couple of things I was going to comment on but I just wasn't able to. But you guys always have great work!

So I apologize and hopefully I can get it figured out soon!

Thursday Debate: Who is going to win the NL West?

We have a little feature on here called Thursday Debate... today we look at who is going to win the NL West.

For the record, the standings currently look like this:

LA Dodgers: 56-46, -
SD Padres: 54-46, 1 GB
Arizona Diamondbacks: 54-48, 2 GB
Colorado Rockies: 51-50, 4.5 GB
SF Giants: A long way back

So it would appear to be a 4-team race right now and should wind up being one of the most interesting stories as we wind down the year. At the All-Star break I was pretty strongly on the Padres bandwagon to win the division, but now I'm a lot less sure.

First off let me say that even though Arizona is right in the race, I stand by my thoughts that they will slowly drop out. They've just had great luck in 1-run games, and that doesn't tend to hold up. Their pythagorean record is 48-54, which suggests that they should be closer to San Fran than to the top of the division. They might continue to overplay the pythagorean record if The Big Unit can stay healthy and some of their young guys can start hitting better, but I wouldn't bet on it.

I also don't think the Rockies have much of a chance. They've played well, but they are what they are... a .500 team. They have a nice, young core, but I don't see them competing with the Dodgers or Padres.

Which leaves those 2 teams... I still think it is a 2-team race between the Dodgers and Padres. Both teams are very solid, and either of them could win the Wildcard if they don't win the division. The Dodgers are obviously 1 game up in the standings, while the expected records (based on run differential) suggests the Padres are a little bit better.

I think this is a race that will come down to just a couple of games between them... I wouldn't put any money on it because I think any type of injury of string of bad luck can change the tide. The teams are pretty even. However, if I had to choose, I would stick with the Padres for now... their pitching is a little better, and I think their lineup is getting better (and the addition of Bradley should help. So I'll take San Diego, but I'm not too confident about it right now.

Who do you think will win the NL West?

Who will win the NL West?
	LA Doders
	SD Padres
	Arizona Diamondbacks
	Colorado Rockies

Is the NBA in Jeopardy?

The scandal involving NBA referee Tim Donaghy has certainly drawn considerable attention over the last week. In an excellent post here on our blog, Geoffrey examined whether there are persons who may be able to bring civil claims against Donaghy.

But what about the bigger question of where the NBA is going in the wake of this scandal? With that in mind, ESPN's Henry Abbott e-mailed several people earlier today with the following question:

There has been a lot of talk about the Tim Donaghy scandal as one of the most serious black eyes any professional sports league has had in recent years. At any point in this process, have you felt at all concerned for the future of the league? Why or why not?"

Over on ESPN.com, Henry reveals some of the responses he received, including ones from Dallas Mavericks owner Mark Cuban, ESPN basketball analyst John Hollinger, Portland Tribune columnist Dwight Jaynes, and yours truly.

Henry posted most of my comments, but here they are in their entirety:

I believe the NBA will recover from this scandal. The league has too many fans, in the U.S. and abroad, and there is too much money on the line in television and other entertainment contracts for this scandal to sink the ship. Also, while the NBA's product may not be as good as it was in the 80s, it's still undoubtedly the world's best basketball league, and that will help it absorb the scandal's fallout. In addition, I don't know of any individual scandal that ruined a major American sports league or sports organization. Major League Baseball overcame the Black Sox scandal, Pete Rose's betting-on-baseball scandal, and the steroids scandal; college football has overcome a wide array of corruption scandals; and even little league baseball overcame Danny Almonte lying about his age. It doesn't seem that individual scandals have the staying power to destroy popular sports leagues and organizations, and I don't think this one will prove to be an exception.

Having said that, I do wonder about the NBA's leadership going forward. I find it odd how the commissioner has seemed so intent on policing the players--the "kids," as he's sometimes called them, even though they are grown men--when he has overlooked a number of harmful league and team behaviors, such as teams purposefully losing games and now a ref apparently betting on games with mobsters. It would seem that instead of waging a personal war against high school players, do-rags, and night clubs, he should take a closer look at the people in his own house, the ones who may look far more like him than Allen Iverson.

Along those lines, I question the value of the NBA's internal investigation into Donaghy's activities. Stern's basic argument appears to be that Donaghy is the NBA's bad apple, and once the bad apple is removed, the barrel is saved. This is fairly standard corporate behavior when individuals engage in wrongdoing, such as sexual harassment in the workplace or hazing that occurs on college campuses: once it's clear to an organization that defending the individual is no longer worth it, the individual will be characterized as unusually malicious and a disgrace--in effect, the individual, who was previously "one of the guys," suddenly transforms into an evil person, a "rogue, isolated criminal" as Stern put it yesterday (even though Donaghy hasn't even been charged with a crime yet).

By focusing on the disposition and apparent choices of Donaghy, however, the NBA may miss to what extent its own policies and practices enabled a situation in which Donaghy could engage in wrongdoing--just like how companies and schools often miss how their own decisions enabled, or even promoted, certain apples to go bad (think about hazing and how it occurs year-after-year, with completely different students--it's not about the students, it's about the situation that colleges allow to exist). Fault, then, often needs to lie farther and wider than merely the individual wrongdoer, including all the way up to the top of the tree.

But since Stern seems motivated to limit the controversy to Donaghy, I question whether the NBA's internal review can successfully identify how far fault should lie. Even though he pledged yesterday to "do everything possible to analyze our processes," he vehemently maintained that the problem was limited to Donaghy; how can the NBA now conduct a thorough review when the Commissioner has already established its conclusion?

I believe the NBA would be better served by hiring an independent investigation agency or appointing an independent commission to look into Donaghy's actions and related NBA practices and procedures. An internal review may be in the best interests of top NBA officials, but I don't think it's in the best interests of the NBA.

REAL MADRID SIGNS 18 YEAR OLD GERMAN YOUNGSTER

His name is CHRISTOPHER SCHORCH, he is an 18 year olddefender & comes from German club HERTHA BERLIN. REALMADRID has surprised everyone by signning this young promisethat will most likely fly into Madrid tomorrow to undergo the routinemedical checks.Its most likely that Schorch will adapt himself to SpanishFootball by playing in the Real Madrid B side. If his reputation iscorrect, it won´t take

LEGENDARY ATHLETIC DE BILBAO KEEPER DIES AT 84

Leyend ATHLETIC DE BILBAO goalkeeper RAIMUNDO PEREZLEZAMA has died at the age of 84 (1922 - 2007)Lezama is considered a "revolutionary" keeper in that he introducedto Spanish Football new technics that he picked up while he lived &played in England - he escaped the Sp.Civil War as a youngster & playeda season at SOUTHAMPTOM. Technics that included throwing the ballinto play, moving out of your

SPANISH FOOTBALL TRANSFER NEWS & TALK

MANCHESTER CITY is close to securing "giant" Serbian International& RACING DE SANTANDER forward NIKOLA ZIGIC, according to"AS".The player may sign within the next days, as both City & Racinghave an agreement that totals 20M€A crowd of 2,500 fans went to receive new DEPORTIVO DE ACORUÑA signning ANDRES GUARDADO. The 20 year old Mexicanwas officially presented as he has cost the club 7M€ & signs

Will we ever see Mike Vick in the NFL again?

This is a thought that probably would have seemed a bit inconceivable not that long ago, but after doing some thinking and reading (especially at Pro Football Talk), I wonder just how far fetched this question might be. Will we ever see Mike Vick play another down in the NFL? I'm not so sure.

First off, with the news that Goodell is ordering him not to come to training camp, I have to think there's a very good chance that Vick won't be playing this year. This is a drastic step to take for Goodell and shows he's quite serious about this. Furthermore, Arthur Blank also said he would have suspended Vick the maximum 4 games if Goodell hadn't stepped in. Doesn't sound like either guy really wants Vick on the field.

Secondly, if he's not playing for the Falcons (I have a hard time seeing them keeping him past this year), is anyone else going to pick him up. The character issues are very real, and any team that picks him up would take a lot of bad press, even from their own fans. Vick is probably the most high-profile guy to get into such big trouble, and the things he's alleged to have done are pretty disgusting. That is going to steer a lot of teams away from trying to pick him up.

Last, how good is he really? He relies so much on his legs, and as they go and some of his athletic ability goes as he has more wear and tear on his body, he's simply not going to be that good. He has never shown the skill level (in my opinion) to be a good pocket passer, so if he is not as effective as a runner he simply becomes an average player.

So what do you think? Will we ever see Mike Vick on the field again? I kind of doubt it. I'll quote Pro Football Talk, because I basically agree with their sentiment:

We still believe that his only hope is to strike a deal now, do his time, throw himself at the mercy of the fans and the league, and hope for redemption. I mean, if Marv Albert can return to the top of the broadcasting food chain, Vick should at least get a crack at playing pro ball again once he wraps up his tenure with the Mean Machine.

Even then, however, we're not sure that he'd find any takers. The allegations against Vick are probably too unusual and too heinous to allow him to ever be regarded as a guy on which an NFL franchise can justify taking a risk.

What do you think?

Can Roger Goodell Keep Michael Vick out of Training Camp?

NFL Commissioner Roger Goodell has told Michael Vick to not attend the Atlanta Falcons' training camp while the NFL reviews his indictment for allegedly participating in an interstate dog-fighting operation. Goodell cites the league's new personal conduct policy as supplying him with the authority to make such a demand.

Does it?

As Rick examined in April, the new policy offers little in the way of specificity and much in the way of tough-sounded rhetoric. Many corporate conduct policies do the same, furnishing companies with significant latitude to discipline employees through open-ended, highly-interpretative phraseology.

In terms of the specific language allegedly empowering Goodell, one key phrase is, "Conduct that undermines or puts at risk the integrity and reputation of the NFL will be subject to discipline, even if not criminal in nature." That certainly sounds good, but what does it really mean? As Rick wrote, there will always be inherent concerns with disciplining players in the absence of a conviction:

Under the previous violent crime policy created and administered by former NFL commissioner Paul Tagliabue, punishment was triggered only by a conviction or its equivalent, including a plea of no contest or a plea to a lesser charge. That's obviously not the case under the new policy, but the same concerns surrounding disciplinary action before a conviction still exist. League officials seem to have forgotten when they suspended James Lofton for the last game of the season in 1986 because of a rape charge, which then backfired when Lofton was acquitted during the off-season.

Bloomberg's Erik Matuszewski and Aaron Kirloff examined this issue as it relates to Michael Vick in an article today. I was interviewed for their story, and I wondered whether the NFLPA--which acquiesced to the new personal conduct policy, although not apparently through formalized collective bargaining--may want to defend Vick's contractual right to attend camp, if for no other reason than to avoid a precedent of players being shut out of work on grounds of an indictment. As I mentioned in the story, "Now we have someone accused of maiming and killing dogs, but let's say there's some less-awful situation in the future?" Not all indictments are the same, of course, and we have examined some of the limitations of an indictment (also examining them is FIU Law Student Adam Wasch in a very good Beacon article), and Rick's reference of James Lofton's suspension and subsequent acquittal is a good one.

Assuming the NFLPA stays on the sideline, will Goodell be able to use this de facto restraining order of Vick to say, in essence, an indictment of a player automatically empowers the Commissioner to prevent a player, for an indefinite period of time, from reporting for work? And is that a good or bad thing when the player's sole right to appeal entails an appeal to the very guy who came up with the penalty--the Commissioner--in a process that could produce documents eligible for subponena in a criminal prosecution?

U/19 EUROPEAN CHAMPIONSHIP. SPAIN WIN SEMIS & GOES THROUGH TO THE FINAL

SERGIO ASEJO the U/19 Spanish goalkeeper was the heroe of thenight as he put SPAIN through to the final against GREECE nextFriday.This gloove & hand stopped 2 penalties in the shoot out with FRANCEto give Spain the victory ( 4-2) in the semi-finals of the U/19 EUROPEANCHAMPIONSHIPS.After 120mins, Spain & France went to penalties after finishing 0-0. Spainplayed better throughout the official

FC BARCELONA NEWS. SHOULD DECO BE WORRIED?

FC BARCELONA´s Portugues International midfielder DECO is"puzzled" at the fact that he did not form part of the "theoritical"official 11 team line-up at training today. Barça is doing their pre-seasontraining period at Saint Andrews in Scotland."I suppose I still count for the team", said Deco ( not literal, translated)...& went on to add..."I have a contract until 2010, & no one has spoken tome

ATLETICO DE MADRID NEWS - LAST DAYS FOR MARTIN PETROV?

ATLETICO DE MADRID 28 year old Bulgarian winger MARTINPETROV may have his days counted at the club & in Spanish Football.The winger has´nt lived up to expectations & a terrible knee injurylast season did´nt help at all his situation. Perhaps the two known& publicized offers from English Premier League teams MANCHESTERCITY & TOTTENHAM could be the change of airs that he needs. Thelatter club is

SPANISH FOOTBALL NEWS BRIEFS

Spanish & ex- Deportivo & Mallorca forward DIEGO TRISTAN of31 years of age has signned for Italian club LIVORNO for the nextseasonNews from Italy, concretely from "La Gazzetta Dello Sport", publishcomments from INTER MILAN defender MARCO MATERAZZI werehe advises his club & REAL MADRID player EMERSON to forget aboutsignning for Inter.According to Materazzi, Emerson made offensive comments about

The Influence of Fox v. FCC on Sports Broadcasts

We are pleased to announce that Mark Conrad will be guest blogging in early August. Mark is an associate professor of legal and ethical studies at Fordham University’s Schools of Business, and has written extensively on sports law and business.

Last week, he published an op-ed in the Sports Business Journal entitled "Court's Indecency Ruling a Relief to Sports Broadcasters." The piece examines Fox v. FCC, a decision handed down last month by the U.S. Court of Appeals for the Second Circuit that makes it more difficult for the Federal Communications Commission to fine broadcasters, including sports broadcasters, for broadcasting swears uttered by players and fans. Mark's piece is subscription only, but here is an excerpted version:

In the equivalent of a technical knockout, the U.S. Court of Appeals for the 2nd Circuit handed the FCC a stinging defeat when a majority concluded that the agency’s 2003 rules expanding the definition of “indecency” and “profanity” to isolated instances known as “fleeting expletives” were “arbitrary and capricious.” According to the majority opinion in the 2-1 ruling, the commission’s explanations did not justify such an expansion. The ruling forced the agency to come up with a more compelling justification, one that the judges doubted the FCC could do.

For those radio and television sports rights holders, the specter of six-figure fines for four-letter words resulted in a series of difficult decisions, such as the use of time delays or otherwise “sanitizing” the production by avoiding miking to produce as “safe” a broadcast as possible.

With the ruling in Fox v. FCC, all broadcasters, but particularly sports broadcasters, can breathe a sigh of relief. Think of the implications if the court had upheld the commission’s claim that a fleeting expletive violates indecency and profanity restrictions. Those of us who remember John McEnroe not only recall his tennis exploits, but also his argumentative skills. More than once his protests against officials were laced with profanities, some of which were heard live by millions. If these rants had occurred in 2006 instead of 1986, broadcasters likely would have been sanctioned, to the tune of up to $325,000 per violation under the 2006 Broadcast Indecency Enforcement Act, where Congress raised the maximum fine for an indecency infraction tenfold to $325,000.

Let’s think of the ramifications of this interpretation in the context of a sports broadcast. What if fans start yelling four-letter words while protesting a call and the public can hear those protests? What if a microphone picks up the sounds of players cursing? Or the game officials? Each of these events, coupled with the increased fines under the 2006 Decency in Broadcasting Act, chills the broadcaster’s First Amendment rights, but is discriminatory as well, since cable and satellite programming is not subject to the indecency standards.

But sports broadcasters should note that the 2nd Circuit’s ruling represents a temporary victory. It did not address the constitutional questions, but rather focused on the lack of evidence for the FCC’s conclusions. The court gave the FCC the opportunity to justify the rules. And if the FCC wishes, it may either seek a rehearing in front of the entire body of judges in the federal appeals court or an appeal to the U.S. Supreme Court.

Mark concludes his piece by proposing that "if Congress enacts legislation expanding indecency to cable and satellite, let it create a special exemption, a legislative waiver of liability for live sports broadcasts."

For related posts on the FCC's regulation of sports, see Greg's "CBS Apologizes for Halftime Show Ending" (2/1/2004) and Howard's "New Sports Media v. Old Sports Media" (4/17/2007). For a number of related posts on free speech in sports, see this link. Howard also has an excellent law review article on that topic, "Free Expression and the Wide World of Sports."

SPANISH FOOTBALL TRANSFER MARKET TALK

Plenty of news today focused, as usual, on REAL MADRID & thetransfer market rumours.ARSENAL has rejected, according to "AS", the Real Madrid offerof 10M€ for JOSE ANTONIO REYES & is currently negotiatingwith LYON.The player is currently in his home town of Sevilla awaiting theoutcome of negotiations. Reyes wishes deseparately to stay in Spain& with Real Madrid.This situation has´nt gone unnoticed

My Perfect All-Time MLB Starting Lineup

This is partly just a way for me to say who I think the best overall player at each position, and partly because I think it's cool to see how people would arrange a lineup when they could use anyone that ever played in the MLB. For the sake of historial accuracy, no DH will be used, and I will just have a pitcher 9th. Anyway, here is my lineup:

1. LF Ted Williams - Williams isn't really a conventional leadoff man in the sense that he doesn't steal bases, but that's no matter. Some of his power is wasted by the fact that he's batting first, but he was so good at getting on base that he'd be the perfect leadoff man. His OBP was a staggering .482... simply put, he was one of the 2 greatest hitters to ever live.

2. SS Honus Wagner - The Flying Dutchman is the greatest SS ever and one of the best hitters of his time. In today's context, his .391 OBP and .466 SLG aren't eye-popping numbers, but he did lead the NL in OPS 8 different times. Also, his 722 career SB help make up for the relative lack of speed from Ted Williams in the leadoff spot.

3. RF Babe Ruth - The best hitter of all-time. He got on base for than anyone else not named Ted Williams, and he hit for more power than anyone ever. I'm not sure you'd find too many people to argue against this.

4. 1B Lou Gehrig - The 3-4 combo of the Yankees of the 20s and 30s my 3-4 in the lineup here. I think Gehrig was pretty easily the best 1B of all-time, and the hitting numbers bear that out. Like the Babe, he was a guy that got on base at a prolific rate and also hit for a ton of power. His OPS is the 3rd highest in MLB history, behind only Williams and Ruth. Plus, if nothing else, he's pretty inspirational.

5. CF Willie Mays - We've already been over who is the best CF of all-time, but just as a recap, I would say Mantle had the highest peak, but Mays and Cobb were the two best over their careers. Of those two, I'd pick Mays by a smidgen. And I think he'd fit in nicely in the 5 spot.

6. 3B Mike Schmidt - Schmidt was only a .267 career hitter, but he had a good eye at the plate, and as his 548 career HR shows, a good amount of power. He led the NL in SLG 5 times in his career.

7. C Mike Piazza - He had his problems defensively but it's tough to overlook what he does offensively. He's the best hitting catcher ever. He had a career average of .309, but he also showed good patience (.379 OBP) and lots of power for a catcher. He has over 400 career HR and slugged .548 for his career.

8. 2B Rogers Hornsby - Many have made good cases for Joe Morgan, but I am still a Rogers Hornsby guy. He was just an unbelievable hitter. Career .358 average, but he did a lot more. He took a decent amount of walks, and he hit for good power, leading the league in slugging 9 times. In my mind he is the best 2B ever.

9. P Walter Johnson - The Big Train was the best pitcher to ever step on the mound... one of the greatest peaks ever (I might argue Pedro's was higher) and he did it for a long time. Just phenomenal. To add to his goodness, he was even a .235 hitter, so he won't be an automatic out either.

What are your thoughts? What would your lineup look like?

LIST OF 25 PLAYERS PUBLISHED FOR UPCOMING U/17 WORLD CHAMPIONSHIPS

The list of 25 players called up to prepare for the upcoming U/17WORLD CHAMPIONSHIPS to be held in KOREA from the 13.08 untilthe 9.09 has been officially published.SPAIN is the current EUROPEAN U/17 Champions & the chosen 25players, mostly from the European Champion Squad, have been calledup to be later "fine tuned"to just 21 players to travel towards Korea.Here are the list of players:Alberto

Baseball Draft Bonuses Down This Year Despite Skyrocketing Revenues

In the June 25 - July 1 issue of Sports Business Journal (subscription only), Liz Mullen reports that the MLBPA is investigating complaints from agents that major league clubs are being threatened by MLB to negotiate "league-recommended" signing bonuses for this year’s amateur draft picks that are about 10 percent lower than last year’s bonuses ("Baseball union reviews complaints"). However, MLB executive VP Rob Manfred denied that clubs were being told that recommended amounts were mandatory and that clubs were being threatened with penalties if they didn't sign the player for the recommended amount. But he did tell Mullen that the recommended amounts overall were "roughly 10 percent" below last year's recommendations due to the changes in the CBA negotiated late last year, which increased clubs' leverage in negotiating contracts with draft picks. According to Manfred, "Because of that increased leverage, we fully expect that (clubs) would pay less." Last October, I discussed these negotiated changes, which include: (1) clubs that fail to sign their first or second round draft pick will receive the same pick in the subsequent draft as compensation, and (2) pushing the signing deadline back to August 15. [However, I reviewed the 220 plus page document and did not find these provisions. These changes can most likely be found in the Major League Rules, which are adopted by the league.]

I've always thought that the baseball draft operates like the "wild west" because there are rules in place that are consistently violated and nobody cares. For example, scouts and agents frequently violate the rules by engaging in "pre-draft dealing," meaning that the scout and agent verbally agree on a signing bonus amount prior to the draft. But then, these verbal agreements are not legally enforceable anyways. Also, the baseball draft is unique from the other sports because agents working on behalf of players don't even have signed representation agreements (the draft takes place during the college baseball post-season and signing agreements with agents jeopardizes their NCAA eligibility). In baseball, agents also consistently violate the NCAA rules by communicating and negotiating directly with the clubs before and after the draft.

And getting to the subject of this post, my "lawyer brain" has also never understood this concept of "league recommended bonuses" in baseball. These recommended bonuses are sometimes referred to as "slot money," meaning that the player gets the league recommended bonus amount for the slot (or pick) in which the player was drafted. Each year the league has discretion to set the amounts of these recommended bonuses, yet the clubs are not required to adhere to the league recommended bonus amounts. And if a club suffers adverse consequences by the league for paying a player more than the recommended bonus amount, it would constitute a violation of the CBA. So then in that event, do the league recommended bonuses have any teeth? By the way, is anybody asking themselves at this point, if the clubs have greater leverage this year as a result of the new CBA revisions, then why would it be necessary for the league to even reduce the recommended amounts from last year, let alone threaten the clubs?

Well, amazingly (sarcasm), bonuses are in fact down exactly 10 percent this year across the board! Baseball America reported last week that "all 15 first-round picks who have come to terms have signed for slot money or less, and all of those slots have represented a 10 percent reduction from the 2006 slots." [I think they should just rename recommended bonuses as "restraints on trade."] Mullen noted that "compensation for rookies in other major American sports has been increasing, but agents say that signing bonuses for baseball players selected in the amateur draft have been down or flat in the last few years despite skyrocketing MLB revenue." Although approximately half of the players in the first round have yet to sign and there is still three weeks left until the signing deadline, I wouldn't expect the remaining bonuses to be much more than slot money when clubs will now get an additional draft pick in the same slot next year if they don't sign them this year.

SPANISH FOOTBALL TRANSFER GOSSIP. BAPTISTA & SIMAO

JULIO BAPTISTA wishes to convience his new coach Schuster & his team REAL MADRID that he has a place in the new proyect.However, Real has said that they will listen to any offer that theyconsider interesting.Spanish daily, "As" reports that English Premiere League club NEWCASTLE has communicated to Real that they are interestedin Baptista´s services. Real Madrid have put a price of 20M€ & now

Hanley Ramirez: Most Underrated MLB Player

I try not to get too big in the "underrated/overrated" game, because it's so subjective, and players are ranked differently by pretty much everybody. But in this case I have to make an exception, and claim Hanley Ramirez as the most underrated player in the MLB right now. I think people know he's good, but I'm not sure people realize just how good.

The biggest reason for this is that he plays in Florida in front of about 100 fans every game. The Marlins are an OK team, but they have, well, not much of a fan base. Second, everyone is so enamored with Jose Reyes they hardly have time to focus on another NL East SS. This isn't such a bad thing... Reyes is really good after all... and they're really pretty close when you compare them, but I think people tend to overlook Ramirez because they don't think he stacks up to Ramirez.

This rings true when looking at the final All-Star voting, when Jose Reyes was voted the NL Starter and Hanley Ramirez finished 8th. 8TH. Among NL Shortstops. And then he didn't even make the team as a reserve. That's a crime.

Well, as you could tell when I said Hanley Ramirez was my first-half NL MVP, I think he's a pretty special player. He is only 23 years old right now, 6 months younger than Jose Reyes. It's not very often that you see 23 year-old SS being one of the best hitters in the League, but that's the case here. He ranks 9th in the NL in OPS, and again this is especially valuable coming from a SS with lots of speed.

Ramirez was very good last year as a rookie (when he won ROY), but has bumped his performance up from being a very good player to being a star. His average is up, he is getting on base at about a .390 clip, and he is showing a lot of power. He's on pace to hit 46 doubles, 8 triples, and 27 homeruns. That's absurd.

He's also a terror on the basepaths. He's not quite the base stealer Reyes is, but he already has 27 stolen bases, which is 4th in the NL. This is following up the 51 that he had last year.

He dislocated his shoulder in Sunday's game, and hopefully it isn't too serious so that he can continue to put up fantastic numbers to hopefully get him some more recognition. There are better known SS's in the MLB, and there are a lot of better known player, but I'm not sure there's too many players that are better than Hanley Ramirez is right now, at age 23. Indeed, he currently sits 3rd in the MLB in VORP, behind only A-Rod and Magglio Ordonez.

So by that measure at least Hanley is a top 3 player in the MLB... so why doesn't he get any recognition for it?

SPANISH SPORTS. VICTORY FOR FERNANDO ALONSO & RAFAEL NADAL & BAD LUCK FOR SERGIO GARCIA

Big weekend for Spanish Sportsmen. Victories for FERNANDOALONSO in Formula 1 & RAFAEL NADAL in Tennis. In GolfSpaniard SERGIO GARCIA was unlucky & finished 2º in the BritishOpen.Current two time World Formula 1 Champion & Spaniard FernandoAlonso put in a fabulous race to win The EUROPEAN GP at theNurburgring circuit in Germany, ahead of Brazilian Felipe Massa &Max Webber who finished 3rd.It was a

U/19 EUROPEAN CHAMPIONSHIPS. SPAIN 0 - GREECE 0

It was the last game of Group A of the U/19 EUROPEANCHAMPIONSHIPS being held in Austria. Both SPAIN & GREECEneeded a point each to qualify for semi-finals, & thats how it finishedwith a 0-0 draw & a point to each team.Spain which is the defending Champion are not playing at their best,however they have managed well their Group & now find themselvesin the semi- finals & will play France on Tuesday.

INTERTOTO. GLORIA BISTRITA 2 - ATLETICO DE MADRID 1

Watched from my countryside house in shock at a sad ATLETICODE MADRID performance against Rumanian side GLORIA BISTRITAThe away leg of the INTERTOTO competition saw Gloria Bistritadefeat Atletico de Madrid 2-1, with goals from ZAHARIA (6min) &TILINCA ( 31min) & thank god, a goal from SEITARDIS ( 54min)to give hope to Atletico in the home leg next week.Terrible defence from Atletico & poor

Mark Alesia Honored for Empirical Study of Intercollegiate Athletics Financing

Congratulations are in order for Indianapolis Star reporter Mark Alesia, who was honored this week by the Society of Professional Journalists with its 2006-07 Investigative Reporting Award for the empirical study (Part I, Part II) he conducted in April 2006 on the extent to which schools and the NCAA profit from star players, how university general funds and students contribute to athletic departments, and the interplay of those contributions with the NCAA's tax exempt status as a non-profit entity. From the study, he built the NCAA Financial Reports Database, which is the most detailed, publicly available database of college athletic department financial information ever assembled.

Among Alesia's findings is that fewer than 1% of NCAA athletes generate more than 90% of the NCAA's money, which confirms the incredible economic value of basketball and football stars to colleges and universities. For instance, he found that 43 public schools in the 2005 March Madness tournament paid out a combined $12 million in expenses relating to the basketball players (including scholarships and tuition and other expenses), which proved to be a very good investment, as those same players generated $267 million in revenue for those schools. Where did the $255 million difference go? "The rest was used to pay for coaches, administrators and money-losing sports -- basically, all others except football."

Alesia also found that athletic departments at taxpayer-funded universities nationwide receive more than $1 billion in student fees and general school funds and services, and that without such outside funding, fewer than 10% of athletic departments would be able to support themselves with ticket sales, television contracts and other revenue-generating sports sources. In fact, most would lose millions of dollars.

The award committee at the Society of Professional Journalists praised other noteworthy aspects of Alesia's study:

What he uncovered is this: Taxpayers indirectly subsidize athletic departments because college sports are exempt from federal taxes, based on their tie to education. The exemption particularly benefits big schools, which receive up to 40 percent of their athletic revenue from donations, most of which are tax deductible. Critics believe college sports have largely become a business of mass entertainment and should no longer receive an education-based tax exemption, especially in an era of rising tuition and stagnant state support for higher education.

Judges praised Alesia for challenging “how college teams are funded. In so doing, it effectively attacks institutional support and student fees subsidizing college sports. Database work incomparable … brave work with compelling results.”

James Duderstadt, former president of the University of Michigan and now a member of the U.S. Secretary of Education’s Commission on the Future of Higher Education, said this coverage is “the most thorough analysis of the financing of intercollegiate athletics I’ve seen since we asked the Big Ten chief financial officers to do an independent audit of our athletics departments during the 1990s. … You folks have done a great service to higher education!”

Congrats again to Mark, whose work will undoubtedly assist those of us at the newly-formed College Sport Research Institute.

Brazilian sport newspapers

Brazilian newspapers have over 100 years of history, are written in portuguese and have about 1.5 million readers per newspaper every day. Brazilian sport newspapers write mainly about football that is the most popular sport in Brazil (the brazilian national team is most sucessful football team winning 5 world cups), and other sports like tennis, volleyball, basketball and auto (formula one).

Jornal do Sports: http://jsports.uol.com.br/portal/principal.html

O Globo: http://oglobo.globo.com/esportes/

O Dia: http://odia.terra.com.br/esporte/

Folha de Sao Paulo: http://www1.folha.uol.com.br/folha/esporte/

Jornal do Brasil: http://jbonline.terra.com.br/editorias/esportes/index.html

O Estado de S. Paulo: http://www.estado.com.br/editorias/2007/07/22/index.xml?editoria=esp
Correio Popular: http://www.cpopular.com.br/lista_editorias.asp?area=2030

Diario de Pernambuco: http://www.pernambuco.com/esportes/