NFL First Round Playoff Predictions

With 4 games on the slate, it's time to give my picks. Judging from my picks against the spread this year you probably don't want to put any weight in these picks(!), but what's the point of having a blog if you can't prognosticate? Anyway, without further ado...

Washington Redskins @ Seattle Seahawks
The Skins are one of the hottest teams in the NFL coming in, while the Seahawks have been a little up-and-down in winning an awful division. I could look at matchups, but it just feels like the Redskins will win this game. That isn't really a good reason to pick them to win, but they're playing with so much emotion, so much efficiecy offensively... I see them going into Seattle and winning.
Redskins 24, Seahawks 20

New York Giants @ Tampa Bay Buccaneers
It's easy to see all of the offensive talent for the Giants, and to see how well they played for 3 quarters against New England and declare them the favorite. But not so fast. Too often we have seen how unpredictable Eli Manning's performance can be, especially now without Jeremy Shockey. Certainly the Giants have the firepower to potentially make a run in the NFC... but they also have the volatility to go down in round 1. I'll take the efficient Jeff Garcia to complement the stout Bucs defense as they move on.
Bucs 23, Giants 16

Jacksonville Jaguars @ Pittsburgh Steelers
Everyone seems to be on the Jaguars bandwagon right now, and it's pretty easy to see why. A dual-headed monster at RB, a sneaky good QB in David Garrard, and a very good defense. Meanwhile, the Steelers have been pretty inconsistent, and they'll be playing without Willie Parker. I'll also be hopping on the Jags Bandwagon, at least for this week.
Jaguars 27, Steelers 17

Tennessee Titans @ San Diego Chargers
The Titans only hope is to stop LDT and force Philip Rivers to beat them, which they are capable of doing. But the Chargers might be playing a little bit too well even if LDT is slowed. They've won 6 in a row, and Philip Rivers is starting to display last year's form. I don't see the Titans scoring enough points to upset San Diego.
Chargers 31, Titans 13

Gabibbo Talks Its Way to Victory over Big Red

Back in February 2004, Greg wrote about Western Kentucky University suing Mediaset, the television company run by Silvio Berlusconi, the richest man in Italy and the country's then Prime Minister, for trademark and copyright infringement, claiming that Gabibbo, the mascot for the satirical show "Striscia la Notizia" is a carbon copy of Big Red, the Western Kentucky mascot since 1979. The suit sought $250 million in damages.

Over on his excellent blog, Sports Biz, CNBC's Darren Rovell writes about Western Kentucky losing in an Italian court, in large part (apparently) because Gabibbo talks and Big Red doesn't.

Here is an excerpt from Darren's piece:

As many of you know, the legal standards vary depending on where you are, but in Italy -- at least according to a Italian judge's ruling earlier this month -- Gabibbo is similar to Big Red, but he is not Big Red. That means that Mediaset owes nothing to the Western Kentucky, ADFRA or Crossland.

I haven't had the 90-plus page ruling translated yet, but the summary I got from the plaintiffs was that the main difference is that Gabibbo talks and Big Red doesn't.

I can't let this go without saying that there's politics behind every story. Mediaset is owned by Silvio Berlusconi, Italy's richest man, former prime minister and, as sports fans have come to know him, president of A.C. Milan. Despite what they are up against, sources tell CNBC that WKU, ADFRA and Crossland Enterprises will file an appeal by Jan. 20.

For the rest of the post, click here.

New Sports Law Scholarship

New scholarship over the past several weeks:

Dana Howells, Note, Log me in to the old ballgame, 22 BERKELEY TECHNOLOGY LAW JOURNAL 477 (2007)

Kelly P. O'Neill, Note, Sioux unhappy: challenging the NCAA’s ban on Native American imagery, 42 TULSA LAW REVIEW 171 (2006)

Joel Michael Ugolini, Even a violent game has its limits: a look at the NFL’s responsibility for the behavior of its players, 39 UNIVERSITY OF TOLEDO LAW REVIEW 41 (2007)

VALENCIA, REAL MADRID & ATLETICO DE MADRID WINTER TRANSFER NEWS 2007/08

Tomorrow the "winter transfer market" opens & lots of teams aremoving & dealing to reinforce their sides half way through the season.Here are three transfer pieces ( or rumours ) that involve directly orindirectly Spanish teams Valencia CF, Real Madrid & Atletico de Madrid.VALENCIA CF wishes to incorporate immediately BOCA JUNIORmidfielder EVER BENEGA after putting on the table a 18M€ offer.The

College Football BCS Bowl Predictions

Rose Bowl: Illinois vs. USC
It's a nice story with how Ron Zook has quickly changed around the fortunes of the Illini program. That he has gotten them into the Rose Bowl in such a short amount of time is commendable. However, they're not nearly at the talent level of USC overall. They have some playmakers offensively (Juice Williams, Rashard Mendendhall), and they'll need these guys to be very good to keep this one close. However, the overall talent disparity will be a bit too much here.
USC 35, Illinois 14

Sugar Bowl: Hawaii vs. Georgia
Obviously, this one is going to be getting comparisons to the Boise/Oklahoma game from a year ago. Hawaii is the exciting, undefeated, unconventional Mid-Major, while Georgia is the more predictable power conference team. The predictions may be apt. Last year, Oklahoma was deeper, more talented, and favored to win. This year, Georgia is deeper and more talented. Here is the thing though... if Boise St. played Oklahoma 10 times, Oklahoma probably would have won 8 or 9 of those games. I think the same this year. Hawaii can win if they very well, but I'm not betting on it.
Georgia 38, Hawaii 28

Fiesta Bowl: Oklahoma vs. West Virginia
This is an interesting matchup between teams with different styles. The speed of West Virginia is something that the Sooners have not had to contend with this year. However, I think the Sooners defense will be good enough to slow them down, especially with the uncertainty with the Mountaineer's coaching.
Oklahoma 27, West Virginia 24

Orange Bowl: Virginia Tech vs. Kansas
To be perfectly honest, this game doesn't excite me all that much. Kansas is a great story to be sure, but realistically, they probably didn't deserve a BCS spot over Missouri. Virginia Tech won a bad ACC. I think Virginia Tech is the favorite, but Kansas is a bit underrated in terms of the firepower that they do have offensively. I'll take them in a mild upset.
Kansas 27, Virginia Tech 21

Championship Game: LSU vs. Ohio St.
Yawn. Another Title game appearance for Jim Tressel. What a fantastic coach he is. I thought this was a rebuilding year for the Buckeyes? Still though, it's hard to see them matching up with the speed and talent level of LSU. On both sides of the ball, I see LSU as being a faster and stronger. Maybe not quite a drubbing like last year's Title game, but I see the same result - an SEC team beating OSU.
LSU 34, Ohio St. 20

What are your picks?

CRISTIANO RONALDO SEES HIS FUTURE AT REAL MADRID

CRISTIANO RONALDO sees his future at REAL MADRID. ThePortugues & MAN.UTD forward told Spanish daily "AS" in an interviewthat ( translated into English): "...next season I will be playing at Madrid"Very interesting words from the young star, who also mentioned thathis contract with Manchester Utd. has a 70M€ release clause. Hebelieves that price will not need to be payed, as he thinks both

Broadcasting the Patriots - Giants Game

The saga of the right to telecast Saturday evening's game between the New England Patriots and the New York Giants ended in a strange, but satisfying conclusion. The game, to be broadcast on two terrestrial television networks, one niche cable network and even a local independent station or two, guarantees maximum exposure for a potentially history-making game. A victory by the Patriots guarantees them a perfect season at 16-0.

Not only are the fans served well, but the NFL gets slapped. After years of masterly hardball tactics in negotiating ever more lucrative broadcasting deals (to the tune of $3.7 billion annually under the present agreement), it overplayed its hand with regard to its cable service, the NFL Network. A relatively new venture, the NFL Network is available on select cable systems covering about 50 percent of the cable households. Cable operators such as Time-Warner have balked at including it in their systems because of ongoing disputes over fees and placement, meaning whether the service would be on some kind of "basic" tier or would it be an additional pay tier, like, say an HBO.

By coincidence, this game was originally going to be covered by the NFL Network, meaning that millions would not be able to see the game. When a game is on the NFL Network, the only non-subscribers that can see are those from the local markets of the particular teams, where the game can be simulcast on a local over the air station. In New York, that station was going to be WWOR-TV Channel 9.

The NFL, acting in traditional high-handed fashion, rejected any change in this arrangement until this week, when the outcry -- from fans, commentators, and members of Congress -- was such that the NFL had to back down. So he NFL decided to do something unique -- broadcast the game nationwide on two terrestrial networks: CBS and NBC. They will simulcast the game from the NFL Network, but such an action would be the first time since Super Bowl I that a joint network telecast will occur.

But the problem is not solved. WWOR in New York is angry about this arrangement and possibly, an equivalent independent station in the Boston-Manchester market is as well. WWOR plans to also simulcast the game, but there is a real question of how many fans will watch that broadcast and how much advertising loss will occur for that station.

The result: a total of three networks will cover the game: CBS, NBC and the NFL Network, coupled with one or two additional local stations.

Enjoy!

(Postscript: I recall that at the very beginning of the 1967 Super Bowl I game, NBC had technical difficulties and was off the air for 30 seconds to one minute, driving millions of viewers to CBS. I would appreciate it if anyone can confirm the truth of this statement.

ATLETICO DE MADRID TIES FURTHER SERGIO AGUERO

ATLETICO DE MADRID has tied further its young Argentine starSERGIO AGUERO today by increasing his contract release clause from 36M€ to 55M€.The contract improvement will secure the player at Atletico & keep away potential pretenders from "touching" the star forward.Aguero also gets a salary improvement. Good news for all Atletico fans!

RONALDINHO TO MEET AC MILAN OFFICIALS

Its news all our Spanish media & half the world. FC BARCELONAplayer RONALDINHO will meet with AC MILAN officials atPort Alegre to study the Italian clubs offer of transfer, according tothe players own words after participating in a benefical game playedin Buenos Aires.Although this is the primary contact phase, a transfer may take timeeven if the player accepts, while both clubs "fight" it out

VALENCIA CF: TOTAL CONFUSION

Total confusion at VALENCIA CF, with President Soler NOW sayingto media today that neither ALBELDA, CAÑIZARES & ANGULO have been fired, dismissed or parted from the team. This goes totallyagainst what coach Roland Koeman communicated to the playerswith the President´s backing. BAD NEW YEAR ahead for Valencia folks, big problems in house.

VAN NISTELROOY: THE BEST Nº9 IN THE WORLD FOR 2007?

The title question is put & affirmed by Spanish sports daily "AS" today,after REAL MADRID Dutch International forward RUUD VANNISTELROOY was listed by French Football Magazine, "L´Equipe", inits DREAM TEAM for 2007 (see below post) yesterday.The Dutchman was the Spanish League Top goalscorer for 2006/07with 25 goals. Since arriving at Real Madrid Ruud has played 67 games& has scored 45 goals.Van

NFL Picks Against the Spread 2007: Week 17

The final week of the season! Unfortunately, I'll basically need to run the table to reach .500. Hmmm... maybe next year. Anyway, the week 17 picks:

Patriots (-13.5) over Giants'

Rams (+6) over Cardinals

Falcons (-1) over Seahawks

Panthers (-3) over Bucs

Bengals (-3) over Dolphins

Bengals (-10) over 49ers

Lions (+4) over Packers

Jaguars (+6.5) over Texans

Vikings (-3) over Broncos

Saints (-2) over Bears

Chiefs (+6.5) over Jets

Eagles (-7.5) over Bills

Steelers (-3.5) over Ravens

Chargers (-8.5) over Raiders

Colts (+6) over Titans

Redskins (-9) over Cowboys

Last Week: 6-9
Season: 101-111-10

AC MILAN & RONALDINHO FOOTBALL HUMOUR

Here´s some good fashion humour from "Mundo Deportivo" & itscartoon section "Pelotazos".It takes a "shot" at the hot rumours at "Camp Barça", that itsstar forward RONALDINHO may have his days numbered.The cartoon shows a AC MILAN "person" on his way to Barcelona &with a bag full of cash to do some fishing. We can all guess which fishis the prized catch.

L´EQUIPE LISTS DREAM TEAM 2007: CESC FABREGAS ONLY SPANIARD

French Football magazine "L´Equipe" has released its list of playersthey consider as this year´s "Dream Team", with CESC FABREGAS beingthe only Spaniard on the list, apart from 2 other names that are basedin the Spanish League: Van Nistelrooy & Dani Alves. Here is the full list:G. Buffon ( Juventus)Kaka ( Ac Milan)Ruud Van Nistelrooy ( Real Madrid)Cesc Fabregas ( Arsenal )Dani Alves ( Sevilla FC)

ATLETICO DE MADRID NEWS & RUMOURS

According to "Marca", Atletico de Madrid is considering thepossiblity of signning Valencia CF "discard" ALBELDA for nextseason.The deal offered is said to be a 3 year contract with a salary around1.5M€/year. Albelda is seen as a "bargain" at Atletico & they wish theopportunity to finally have a player who can "destroy" the play ofopponents in the midfield, apart from control & an attacking

UNEQUAL TREATMENT UNDER THE LAW

In 1986, Congress passed the Anti-Drug Abuse Act which, among other things, mandated sentences for offenses involving crack cocaine to be 100 times more severe than for crimes involving powdered cocaine. Many have seen this disparity in sentencing guidelines as reflecting the similar disparity in the way the law treats the poor and the not so poor. Whether true or not, crack cocaine is typically associated with urban neighborhoods while powdered cocaine is seen as the drug of choice in the Hollywood hills and townhouses of Manhattan.

What does this have to do with Sports Law?

A major impetus for the Anti-Drug Abuse Act was the death earlier that year of Len Bias, the University of Maryland basketball star and number one pick of the Boston Celtics. Bias reportedly died of a cocaine overdose.

And today, the Washington Post is reporting the tragic story of Willie Mays Aikens, the former Kansas City Royals first baseman noted for being the only player in baseball history to hit two homeruns in a game twice in the same World Series. In 1994, Aikens was sentenced to 15 years in prison for possessing 64 grams of crack cocaine, about the weight of a candy bar; to receive a similar sentence for possessing powdered cocaine, one would need to be caught with more than 6 ½ kilos or more than 14 pounds.

Aikens has become the symbol of what many see as the unequal treatment of the poor and minorities in America’s judicial system. As he told the Post, "The disparity, as far as I'm concerned, is totally wrong. This took me away from my family. My girls were 4 and 5 years old when I was sentenced. Now they're 18 and 19."

Aikens is not scheduled to be released from the federal penitentiary in Jessup, Georgia until 2012.

SPANISH FOOTBALL XMAS 2007 NEWS BRIEFS: RONALDINHO, GIOVANI, SAVIOLA & CAÑIZARES

SFS is back & hopes everyone has had a great Xmas. While away theFootball World continued spinning with lots of news & rumours. Hereare just a few interesting news briefs to get back & rolling.FC BARCELONA´s 0-1 loss to Real Madrid last Sunday &RONALDINHO´s poor play & "not up to the occasion" attitude,seems to have convienced Barça directives to sell the Brazilian asap.The objective is to pull

Merry Christmas and Happy Holidays!

Hope you have a good holiday!

Introducing Blog Justice

Alan Milstein and his law firm, Sherman Silverstein, Kohl, Rose & Podolsky, have started a new blog that will be of interest to many of you: Blog Justice. It will examine legal issues that intersect with social justice. While Alan is regarded by many as the nation's leading sports litigator (he has litigated on behalf of Allen Iverson, Eddy Curry, and Maurice Clarett, among other prominent athletes), he has received even more acclaim for his litigation in the areas of insurance law, products liability, bioethics and clinical trials litigation. Perhaps his most notable case was his representation of the family of Jesse Gelsinger, an 18-year-old who died during an early gene therapy study at an Ivy League university. Alan's expertise on these issues will no doubt prove illuminating when examining various legal topics.

Consider some of the first posts on Blog Justice:

Bad Blood Redux (questioning the FDA knew that a company testing the safety and efficacy of the artificial blood substitute Polyheme would draft primarily African-Americans as test subjects)

Tragic Pittman Case May Land In The High Court (discussing the tragic case of Christopher Pittman, who was 12-years-old when he shot and killed his grandparents while using the drug Zoloft)

New Jersey Repeals Death Penalty (discussing the end of the death penalty in the state of New Jersey)

There are many other great posts on Blog Justice. Be sure to check them out.

JUSTICE DELAYED IS JUSTICE SERVED

A state judge in Baton Rouge, Louisiana granted a request to adjourn a personal injury trial scheduled to start the same day LSU plays Ohio State in the BCS national championship game. The defendant’s attorney, Stephen Babcock, requested the delay claiming he had tickets to the January 7^th game at the New Orleans Superdome. In his request for adjournment, Babcock wrote: “All counsel to this matter unequivocally agree that the presence of LSU in the aforementioned contest of pigskin skill unquestionably constitutes good grounds therefore. In fact we have been unable through much imagination and hypothetical scenarios to think of a better reason.” In his papers, Babcock referred to the Buckeyes as “Slowhio . . .due to their perceived lack of speed on both sides of the ball.”

I have my own reasons for rooting against Ohio State, but this gives me one more.

Fantasy Baseball Implications of Mitchell Report

Over on his blog, SportsJudgeBlog, attorney Marc Edelman has an excellent look at how the Mitchell Report might impact fantasy baseball in 2008. He has five key points, here are the first two:

1. Players Named in the Mitchell Report will Likely be Underrated in '08. Many fantasy owners are going to predict a decline in the statistics of players named in the Mitchell Report. Don't be one of them. The findings in the Mitchell Report are distant in time, and they only focus on a few teams based on witness availability (Mets, Yankees, Orioles, Giants, Athletics). Therefore, the Mitchell Report is not likely to help predict the specific players that will lose their power or velocity next season.

2. Don't Trust Anybody Over 35. Before 1995, it was very rare to find a power surge or velocity increase in any player over 35. Recently, we have seen examples of both. However, most of the players experiencing a renaissance in the twilight of their careers were cited in the Mitchell Report for allegedly doping. Without assessing the merits of any individual allegation, I would move any player over age 35 down a tad my draft list. (Unless, of course, the player is a knuckleball pitcher such as 41-year old Tim Wakefield).

For the rest of Marc's piece, click here.

More on the Knicks and Fan Speech at the Garden

Stefan Fatsis of the Wall Street Journal, who does an outstanding weekly Q&A on "All Things Considered" about the business of sport, talked Friday about the Knicks recent actions to stop Garden fans from criticizing the team, the players, the coach, and anyone else fans might want to criticize. Fatsis and I spoke at length about my work and arguments about cheering speech and he gave a nice shout-out to this blog on the segment.

Paradoxically, this could be the incident to draw public attention to the protected nature of cheering speech and what should be the real limits on teams' ability to restrict fan speech. Although there is no First Amendment issue here because of the private nature of the Garden, it is receiving more attention (because it is New York, the Knicks, and the Despised Isiah Thomas) than any of the other cheering-speech incidents that I have written about previously.

Overall Thoughts on the Mitchell Report

I have a FindLaw guest column today giving my full thoughts on the Mitchell Report, helped along by some of the posts and comments on this blog in the past week.

UEFA CUP DRAW: RESULTS FOR SPANISH TEAMS

The final 32 teams in the UEFA Cup competition went into the drawwith the following results for the 3 Spanish teams: Atletico de Madrid,Getafe & Villareal.AEK Athens (Gre.) - GetafeBolton ( Eng.) - Atletico de MadridZenit. St.Petersburg ( Rus.) - Villareal1º leg - 13 Feb 20082º leg - 21 Feb 2008

CHAMPIONS LEAGUE FINAL 16 DRAW: RELATIVE GOOD NEWS FOR SPANISH TEAMS

Real Madrid, FC Barcelona & Sevilla FC have faired relatively wellin the Champions League final 16 team draw. Real Madrid will playAC Roma, FC Barcelona plays Celtic & Sevilla will face Turkish teamFernerbache.See the full details below of todays draw.

FC BARCELONA - REAL MADRID 2007

Things are heating up in Spain, Football wise, as everyone ( fans , that is)are talking & speculating about this Sunday´s "Clasico", the FCBARCELONA vs REAL MADRID clash.Here are the official team photos of both side for the 2007/08 season.

UEFA CUP: ATLETICO DE MADRID 2 - PANATHINAIKOS 1 VIDEO HIGHLIGHT

Great night for Atletico de Madrid with its 2-1 victory over Greek teamPanathinaikos. Here is the VIDEO highlight & check the great free kickfrom SIMAO to give Atletico the victory.

NFL Picks Against the Spread 2007: Week 16

Only 2 more weeks left as we continue on with the drive to .500!

Panthers (+10.5) over Cowboys

Cardinals (-10) over Falcons

Browns (-2.5) over Bengals

Chiefs (+4.5) over Lions

Bears (+8.5) over Packers

Texans (+7) over Colts

Jaguars (-13) over Raiders

Vikings (-6.5) over Redskins

Patriots (-22) over Dolphins

Eagles (+3) over Saints

Bills (+2.5) over Giants

Ravens (+10.5) over Seahawks

Bucs (-5.5) over 49ers

Jets (+8.5) over Titans

Chargers (-8.5) over Broncos

Last Week: 5-9
Season: 95-102-10

Quality of Evidence in the Mitchell Report

Howard and I are interviewed by Jimmy Golen of the Associated Press in an extensive piece he has written on the quality of evidence found in the Mitchell Report. Jimmy has a law degree from Yale Law School and he brings a particularly insightful perspective to legal issues involving the Mitchell Report. We hope you take a look at his piece.

UEFA CUP RESULTS - ATLETICO & VILLAREAL GO INTO NEXT STAGE

UEFA Cup results , very brief & quick. ATLETICO DE MADRID 2 - OLYMPIAKOS 1. Luis Garcia 73rd min & Simao 94th min.Consolation goal Salpigidis 33 min & Atletico goes through into next stage as group leader.VILLAREAL wins 1-2 over AEK ATHENS , goals MAVUBA & TOMASSON,& the consolation goal from RIVALDO for AEK. Also as group leader.

FC BARCELONA NEWS: WHO WILL REPLACE MESSI AGAINST REAL MADRID?

Next Sunday´s big game "El Clasico" between FC BARCELONA &REAL MADRID is gaining media exposure, as things begin to really heat up on all fronts.The questions being put on the table bty everyone is : Who will replacethe injuried "key player" LIONEL MESSI? RONALDINHO, GIOVANIor THIERRY HENRYThe debate is hot at the moment in media circles & at the street fanlevel. Who do you think should replace

SPANISH CUP - THREE GAMES: REAL MADRID SCRAPE THROUGH

The fractured SPANISH CUP ended its last 32 teams 1º leg stage withthree games tonight, that highlighted how tough this competition can bedue to the unpredictable play of the "lower sides".REAL MADRID travelled to ALICANTE with a "B-side" ( see above)& scraped through with a 1-1 draw in the 1º leg. Alicante scored 1st in the 60th min via BORJA & were on the way for a shock win, when inthe very

UEFA CUP: GETAFE THROUGH TO NEXT STAGE AS GROUP LEADER

Its a paradox, in the local competition GETAFE are in the bottom end,while in UEFA they have qualified Group G leaders for the next stage.Getafe has defeated ANDERLECTH 2-1 with good play that was lead by a fine HERNANDEZ who scored in the 5th min. Getafecontinued playing well & added the 2º goal in the 49th min viaCELESTINI. The visitors managed to score a consolation goal in the last moment via

VALENCIA CF - THE MINI REVOLUTION CONTINUES

VALENCIA CF Coach Koeman shook Football circles with the decisionto "lock out" Goalkeeper CAÑIZARES & Captain ALBELDA ( see belowpost) from the team , thus signalling the 180ºdegree turn in the clubsdirection.Today the "mini-revolution" continued with MIGUEL ANGELANGULO ( pictured above) also being parted "forever" from theteam.All this head-cutting has lead star forward DAVID VILLA to

When Will They Ever Learn?

Count the New York Knicks as the latest team to think it is a good idea to restrict fans from criticizing an incompetent coach, team, and organization. The New York Times reports on two recent examples. (H/T: Deadspin). Last week, a fan was moved to a new seat and issued a written warning for heckling Head Coach Isiah Thomas; the card read "You are being issued a warning that the comments, gestures and/or behaviors that you have directed at players, coaches, game officials and/or other spectators constitute excessive verbal abuse." On Monday, a fan had a "Fire Isiah sign" confiscated, pursuant to a policy that prohibits signs that block the views of other patrons.

No First Amendment problem here; the Garden is privately owned and privately financed, so the Knicks can control fan speech however they want. And at least the sign policy is content-neutral, thus likely valid even in a publicly owned arena.

But at some point won't teams figure out this is not worth it? In exchange for removing one sign that probably was not blocking anyone's view (see above), the team gets more bad publicity and it sent the fans into the streets, literally: A "Fire Isiah" rally was held on the 7th Avenue side of the Garden today, complete with an 8-foot-tall pink slip. Maybe the Knicks are so desensitized to bad publicity at this point that it does not matter.

But professional sports teams sell themselves to the community as a public good; that is the argument for obtaining public financing of stadiums and other public support. In exchange for that, teams ought to expect some criticism from fans when they run that public good into the ground.


Update: 7 p.m. C.S.T.:

ESPN story on the protest, which drew about two dozen people. You can see the 8X4 pink slip in the photo.

Using a Libel Lawsuit to Test the Mitchell Report's Credibility

Here’s a thought. Many of us here have written that a libel suit against George Mitchell, his firm, and his “informants” would have little chance of success because the players are all public figures. If the maligned players want to clear their name, it makes sense for someone to file a law suit just for the purpose of being able to cross-examine Kirk Radomski and Brian McNamee, which I would think would be ‘easy pickins.’ He could then release the deposition transcript to the media or to Sports Law Blog and we could all judge the credibility of these charges.

Hobey v. Heisman: Who Has The Edge?

Hey it's stephen a back again, doing another guest post. Hopefully as time goes by I'll be more of a regular contributor, although somehow I don't think I'll ever be the main attraction here.

Admittedly I saw this idea on the web a couple of years ago (ESPN.com perhaps?) but I thought it was a great idea so hey why not. Today I'm going to take a look at past Heisman winners and how they stack up professionally against winners of the Hobey Baker Award (for those of you who don't know, the Hobey is given annually to the best player in college hockey).

2007: Heisman: Florida Soph. QB Tim Tebow (3132 yards, 29 TD, 6 Int, 22 rush TD)
Hobey: North Dakota Soph. Forward Ryan Duncan (31 G, 26 A, 17 PPG)
Obviously neither of these players are playing professionally yet, as Tebow has another year of mandatory college football left, and Duncan is in the middle of his junior season at North Dakota. Advantage: Push

2006: Heisman: Ohio St QB Troy Smith (2542 yards, 30 D, 6 Int)
Hobey: Denver Defenseman Matt Carle (11G, 42 A)
Smith is right now getting time as quarterback for the Baltimore Ravens, who by the way just lost to the Dolphins. Carle on the other hand, signed with the San Jose Sharks right after his final college season, and Carle is having an NHL impact right now.
Advantage: Hobey

2005: Heisman: USC RB Reggie Bush (1740 yards, 16 TD)
Hobey: Colorado College Forward Marty Sertich (27 G, 37 A)
Bush, the 2nd pick in the NFL draft the following year, is currently out for the season with a knee injury, but many football pundits consider him to be a once in a generation back. Sertich recently signed with the Dallas Stars and is playing for their AHL afilliate in Iowa.
Advantage: Heisman

2004: Heisman: USC QB Matt Leinart (3322 yards, 33 TD, 6 Int)
Hobey: Minnesota-Duluth Forward Junior Lessard (30 G, 31 A)
Leinart is currently out for the season with a broken collarbone (must be a USC thing), but had showed decent growth as a QB in his second season with the Cardinals. Lessard is now a teammate of Sertich's with the Iowa Stars
Advantage: Heisman

2003: Heisman: Oklahoma QB Jason White (3846 yards, 40 TD, 10 Int)
Hobey: Colorado College forward Peter Sejna (36 G 46 A)
Jason White currently operates a memorabilia store in Oklahoma, whereas Sejna splits time with the St. Louis Blues and their AHL affiliate.
Advantage: Hobey

2002: Heisman: USC QB Carson Palmer (3639 yards, 32 TD, 10 Int)
Hobey: Minnesota Defenseman Jordan Leopold (20 G, 27 A)
Palmer is considered by many to be the 3rd best quarterback in the NFL behind Tom Brady and Peyton Manning, although that hasn't transferred into team success, as the Bengals will finish below .500 yet again. Leopold has played for the Calgary Flames and Colorado Avalanche, and played for the 2006 US Olympic team.
Advantage: Heisman

2001: Heisman: Nebraska QB Eric Crouch (1510 yards, 7 TD, 1115 rush yards, 18 TD)
Hobey: Michigan St G Ryan Miller (31 Wins, .950 Save Pct., 1.32 GAA)
Crouch never played QB in the NFL, but tried to make it as a safety for the Rams. Miller meanwhile, keyed the Buffalo Sabres playoff run last spring
Advantage: Hobey

2000: Heisman: Florida St QB Chris Weinke (4167 yards, 33 TD, 11 Int)
Hobey: Boston College D Mike Mottau( 6 G, 37 A)
Weinke is 2-17 as a starting QB in the NFL and holds the record for most losses consecutively by a QB, with 15. Mottau was a 3 time AHL all-star and currently plays for the New Jersey Devils
Advantage: Hobey

It looks like the Hobey Baker Award takes the cake here, however I think this little study has shown that professional busts come in all sports. Which sport do you think has the edge?

VALENCIA CF NEWS - CRISIS - CAÑIZARES & ALBELDA OUTED FROM TEAM

Things are hot in VALENCIA CF, one would go a far to say, that the"shit" is really flying at the club.According to local media, coach Koeman, with authorization fromPresident Soler has communicated individually to Goalkeeper CAÑIZARES & Captain ALBELDA ( both pictured) that they will nolonger play with Valencia while he is coach.Koeman even went further & recommended that they both begin tolook

"Fundamental Fairness in Union Regulation of Sports Agents"

That's the title of my latest article published this month in Connecticut Law Review, which can be downloaded from here. By now you may be tired of my views regarding the agent biz, as well as my disdain for lack of due process generally. Well, this piece combines both, and addresses whether the agent regulations unilaterally adopted by the players associations afford agents a fundamentally fair enforcement process when the agent is accused of misconduct by the union. This issue involves a complicated interplay of multiple bodies of law that govern the unique tripartite player-union-agent relationship, including Section 9(a) of the NLRA, basic notions of due process, the laws governing private associations, contract law and the Federal Arbitration Act (FAA).

My article compares and contrasts various provisions contained in the agent regulations of all four players associations. While I certainly acknowledge the union's compelling interest in combating agent misconduct and that the union should be afforded deference to enact and interpret its own rules and regulations, I am only willing to stretch those concepts so far. In my view, there are two provisions particularly concerning from a fundamental fairness standpoint: a provision that permits the union to suspend or revoke an agent's license prior to a hearing when the union determines that "extraordinary circumstances" warrant it; and a provision that allows the union to unilaterally select the arbitrator to decide all agent appeals. My article opines that the first provision violates basic notions of due process because suspension of an agent's license not only directly and immediately impairs an individual's livelihood but can cause irreparable damage as well, and that the second provision is invalid under the FAA on grounds of both procedural and substantive unconscionability. I conclude that neither provision is essential to preserving the union's legitimate Section 9(a) interest, and should therefore give way to the agent's compelling interest in a fundamentally fair enforcement process.

If you're looking for something to read over the holidays, I hope you'll check it out.

NFC Playoff Picture

After the Vikings escaped with a win over the Chicago Bears Monday night, it appears things are slowly starting to take shape in the formerly muddled NFC playoff picture.

The only thing that we know for certain is that Dallas, Green Bay, Seattle, and Tampa Bay will all be playing into January. Beyond that, it would appear that the Giants are safe at 9-5, but I'm not so sure. They are not playing well, and they have a tough schedule coming up: AT Buffalo, vs. New England. I think it is not at all out of the realm of possibility that the Giants lose 2 and a team like the Saints can get to 9-7 and push them out.

After that, the Vikings currently hold the 6th seed at 8-6, and thus they control their own destiny. In fact, if they beat Washington next week and New Orleans loses to Philadelphia, the Vikings will clinch a playoff berth.

AT 7-7, both the Redskins and Saints could make the playoff even if they finish 8-8, but more likely they must win out to have a chance. New Orleans hosts Philly next week and goes to Chicago in Week 17, while the Redskins go to Minnesota next week before hosting Dallas in Week 17. Looking at the schedules as well as at how well the teams are playing, I have a hard time seeing Washington making it in, but the Saints could certainly sneak in there.

Elsewhere, Carolina is technically alive (I believe) at 6-8, but they would have to win out and get a lot of help if they're going to make it. So basically they are done.

What are your thoughts on how things will play out? Personally, I think the Vikings will nab the 5th seed... they have 2 winnable games next week, and I have a hard time seeing the Giants winning out. After that, it would not at all shock me to see the Saints at 9-7 and in the playoffs, but I'll go with the odds and put the Giants as my 6th seed.

How do you think it will end up?

FIFA WORLD PLAYER 2007: KAKA

It was a well known secret, the FIFA World Player Award for 2007goes to Ricardo Izecson Dos Santos Leite, aka Brazilian International& AC MILAN star KAKA.The award/s were handed tonight in Zurich in the FIFA Gala full of the "creme de la creme" of World Football.Young Argentine International & FC BARCELONA player LIONEL MESSI was 2º ( a fantastic achievement for such a young player) &3º place

SPAIN: FOURTH IN FIFA RANKING FOR 2007

FIFA has released the World rankings for 2007, with Spain finishingthis year in 4th place with 1349 pts. The Nº1 nation in Football accordingto FIFA was Argentina. See below the full Top 20 table:1. (.1) Argentina 1.523 pts2. (.2) Brazil 1.5023. (.3) Italy 1.4984. (.4) SPAIN 1.3495. (.5) Germany 1.2986. (.6) Chec Rep. 1.2907. (.7) France 1.2438. (.8) Portugal 1.2419. (.9) Holland 1.17010. (10)

Dimino on Punishing Steroid Users

Mike Dimino at PrawfsBlawg argues that players found to have used steroids should receive lifetime bans for threatening the integrity of the game. The post and the ensuing comments are worth a look.

SPANISH FOOTBALL: VIDEO HIGHLIGHT OF REAL MADRID 2 - OSASUNA 0 ( ROUND 16/ 2007)

If your a Real Madrid or Osasuna fan & you missed yesterdays game,here is the VIDEO highlight of the two goals scored by Real via VanNistelrooy & Sneijder.Real Madrid 2 - 0 Osasuna (1º goal Van Nistelrooy)Real Madrid 2 - 0 Osasuna (2º goal Sneijder)

Christmas Came Early for Mitchell's Law Firm

In the prior posts, a number of you criticized the shoddy work product created by Sen. Mitchell and his law firm DLA Piper. In reading the report (aka term paper?), which was ripe with secondary sources as footnotes and with proposals for change that very so general that a reasonable person could figure them out, it made me think: how much in legal fees did Mitchell's firm earn producing this piece of work? From what I heard, there was no budgetary limits imposed by Major League Baseball over the last 20 months.

I do not know how many people -- partners, associates, paralegals, secretaries, others -- were involved in preparing the report. Does anyone know about how many were involved and what the hourly rates are at DLA Piper? I figure the fees almost certainly would be in the millions. Can anyone venture a guess?

Given such a public and in some cases damaging report, isn't there a duty to disclose how much DLA Piper was paid for their work.

In any event, I'll bet that the partners will have a very happy holiday.

SPANISH FOOTBALL - LA LIGA - ROUND 16/ 2007 SUNDAY GAMES RESULTS

Eight games, of the ten, are down this Sunday in Round 16 of "La Liga"with its usual dose of goals, excitement & surprises that SFS summarizeswith its weekly resume of results, images & scorers.Kanoute´s face (above) says it all, near miss & frustration, added towhich his team SEVILLA FC went down to 9º men with "Red Cards"to Luis Fabiano & Fazio. The end result was a 0-0 draw away atVALLADOLID,

Milwaukee Journal Sentinel Empirical Study of Players Named in Mitchell Report

The Milwaukee Journal Sentinel has conducted an empirical analysis of the statistical performances of the 90 players named in the Mitchell Report. The study, conducted by JS writers Ben Poston, Derrick Nunnally, Bill Glauber, and Don Walker, compared the players' first two seasons while being linked to performance-enhancers with their career averages.

Acknowledging that there may have been other casual factors (e.g., entering one's prime, hitting in a better lineup, receiving better coaching etc.), the study found that more than half of the named players experienced improved performances after being linked to roids. A full image of the chart to the left, which details the findings, can be seen here. The authors interview Gary Wadler, an internist who chairs the World Anti-Doping Agency's Prohibited List and Methods Sub-Committee, and me, for reaction.

Also, Tim Lemke of the Washington Times has an extensive piece on the prospects for a libel lawsuit, should any players be erroneously named or described in the Mitchell Report. He interviews MLBPA chief Donald Fehr, Jim Astrachan, an adjunct professor at the University of Maryland College of Law, and me.

Update: Alan Milstein discusses some interesting stories below in the comments:

Pettitte says he had two shots of HGH to see if he would heal faster, based on the recommendation of a trainer. Considering HGH was not a banned substance, how can anyone fault him for taking a drug to heal better? Don't we all do that?

Donnelly says he called Radomsky who recommended a steroid and he declined. He also said he was a marginal player who is now out of baseball and is sickened that his name has been tarnished.

David Justice, who I always thought was a class act, says the informant is lying and wonders how come there is no copy of any check he wrote when the report has copies of other checks? Good question. The answer is because there is no justice for Justice.

Mitchell and DLA Piper have done a real hatchet job here. They should be lambasted, not applauded. While a libel suit would be tough because the players are all public figures and because the law firm can say it in good faith relied on what the sources reported, the court of public opinion is a different story. Did some players take steroids or HGH? I'm sure they did. But, as a lawyer, I am more disappointed by the work product of Mitchell's team than I am of my home baseball team.

Alan Milstein

Jenkins Ruins USADA's Perfect Record

On Friday, a AAA arbitration panel in the case of United States Anti-Doping Agency v. LaTasha Jenkins ruled in favor of 2001 world track medalist LaTasha Jenkins, who had been sanctioned in 2006 for using the anabolic steroid nandralone but now has the option of resuming her effort to try for the 2008 U.S. Olympic team. The arbitration panel ruled that the results of Jenkins' positive doping test from a track meet in Belgium last year were compromised because both European labs testing her sample violated World Anti-Doping Agency rules that require the tests be run by two different technicians.

Jenkins was represented in the case by the Valpo Sports Law Clinic, which is directed by Professor Michael Straubel of the Valparaiso University School of Law. In the law school's press release, Professor Straubel stated:

This addresses a crucial issue emerging in sports law. Has the science been done well? Anti-doping enforcement relies heavily on still-developing science. The standard these labs violated is a safeguard that prevents labs from providing doctored results to mask testing process error or to intentionally harm the athlete’s standing. The burden of proof is on the laboratory to demonstrate that both the science and ethics of the test were properly managed. Assertions of propriety are partial and therefore not reliable proof.

According to USADA CEO, Travis Tygart: "USADA is not the judge. At the end of the day, independent arbitrators make a decision through an established process that's designed to protect the accused athlete's rights. They base the decision on the evidence presented."

According to the press release, USADA's overall record fell to 36-1.

VALENCIA CF 0 - FC BARCELONA 3/ 2007: VIDEO HIGHLIGHTS OF THE GOALS

A few requests in from SFS readers who would like to see the goalsin yesterdays Round 16 Saturday match. Check out the first goal byEto ´o & the excited American commentators - Cool!

Something else that is W's Fault

Jack Balkin argues that the entire steroids mess can be traced back to Bud Selig's refusal to step aside back in 1992-93 and let George W. Bush become commissioner.

SPANISH FOOTBALL - LA LIGA - ROUND 16/ 2007 SATURDAY RESULTS

FC BARCELONA won a very poor VALENCIA CF 3-0 at a big price,specially if you take into account next week s "classic" against RealMadrid: the injury of MESSI.The young Argentine sensation will miss the big Real Madrid game & another 3 weeks more of football with a torn hamstring.Valencia CF also lost another man & added him to their long list of injured men: Fernando Morientes.The surprise at the

Bonds and Clemens, Distinctions and Differences

I have not yet written about the Mitchell Report at length; I am working on a longer piece for FindLaw for next week (in between showing my daughter her first snowfall) and will link to that. I did want to jump in quickly on the comparisons between Barry Bonds and Roger Clemens. The two now are inextricably linked forever in baseball history--the greatest pitcher and the greatest hitter of this generation both used performance-enhancing drugs. And both experienced similar late-career resurgences and high-level performances past the age of 40--although we now have evidence that both were drug-enhanced.

Michael noted a post by Paul Butler at BlackProf arguing that the charges against Bonds should be dropped, in light of the revelations about Clemens, that this is another example of racial inequality in the way the criminal justice system handles drug crimes. And the disparity of treatment between Bonds and Clemens has been a recurring theme in the blogosphere.

I want to disagree up to a point.

I agree that we (the press, the fans, etc.) were much more suspicious of Bonds's late-career revival and body changes than Clemens's--whether for reasons of race, non-New-England-based love of Clemens, dislike of Bonds personally, or a combination of all four.

But I reject the notion that the federal government is acting in a racially biased fashion if it continues to prosecute Bonds in light of the revelations about Clemens. Bonds is not being prosecuted for using steroids. He is being prosecuted because, having (allegedly) used steroids, he was a material witness to a grand jury investigation of the producers of PEDs (BALCO) and, testifying under a grant of immunity, he lied to the grand jury about his steroid use.

This is not a distinction without a difference. If Brian McNamee (Clemens's former trainer and his purported steroids source) is prosecuted for distributing steroids, Clemens testifies and denies using steroids in the face of what we now know, and the government does not, at least, investigate Clemens for perjury and obstruction of justice--then I will agree that something might be amiss. On the other hand, if MLB punishes Bonds for using steroids and does not punish Clemens, it might suggest some racial bias. Failing either of those two situations, Clemens and Bonds are not similarly situated.

REAL MADRID NEWS: ROBBEN & BRENO

ARJEN ROBBEN cost REAL MADRID 36,000,000€ from Chelsea FC& the Spanish club was warned beforehand that the young Dutchmanwas prone to injuries. The man of glass, that´s his nickman, is proving tobe correct, as Robben will not be able to play against Osasuna due to leftleg muscle problems. The talented player has only played 2 "liga" games& it is a worrying sign.Lets all wish Robben all the luck

SPANISH FOOTBALL HUMOUR: VALENCIA CF vs FC BRACELONA

Spanish daily "Sport" injects some humour ( & a warning) via itscartoon section "Futbolitis" before tonights Valencia CF - FCBarcelona match. Both coaches Koeman & Rijkaard are under pressure to win, in the case of Koeman, to pull Valencia out of itsworry slump, while Rijkaard must prevent his team from falling further behind in the the ladder to Real Madrid & to go into next weeks Barça - Real

MOTO GP: 19 SPANISH RIDERS FOR 2008

The new 2008 Moto Gp season will have 19 Spanish riders spreadthroughtout all its catagories. A number which increases from lastseason & shows the great "breeding ground" of Spanish motorcycleriders(2 time 250cc World Champion Jorge Lorenzo)The riders are:Moto GP: Dani Pedrosa, Toni Elias & Jorge Lorenzo250cc: Bautista, Barbará, Simón, Espargaró, Debón, Faubel & Gomez125cc. Gadea, Olivé, Pol

Leaving the Falcons' Nest: A Tort in the Making?

The news that Bobby Petrino left the Atlanta Falcons for the Ivory Tower at Arkansas ranks as the piece de resistance of a year of turmoil for the team. With Michael Vick gone, the team sank to a 3-10 record, and Petrino, like a rat on a sinking ship, decided to bail out -- despite a five-year $24 million contract.

To add more acrimony, team officials claimed that Petrino was negotiating with Arkansas without permission, a breach of etiquette, to say the least. According to the New York Times, Petrino's rationale for leaving was because his "family was struggling" with the team's losing season. For almost $5 million per season, that's a stress that many families can live with.

But what can the Falcons do? The NFL has no jurisdiction over Arkansas, but team owner Arthur Blank has recourse in the courts: the venerable claim of tortious interference with contract. Although minor differences may exist from state to state, the following elements must be found:

(1) The existence of a contractual relationship or beneficial business relationship between two parties.
(2) Knowledge of that relationship by a third party.
(3) Intent of the third party to induce a party to the relationship to breach the relationship.
(4) Damage to the party against whom the breach occurs. (Source: Wikipedia)

I think that a good case can be made. The key requirement is (3) and I think that may not be that difficult to prove. If Arkansas officials knew about Petrino's unhappiness and induced him to leave for the confines of Fayetteville, they exercised unethical and tortious conduct, along with bad faith. Damages -- finding a replacement, dealing with the negative effect on the team, a possible loss of fans and ratings -- may well be shown.

As quarterback Joey Harrington said: "He [Petrino] preached team and he preached family and then he quit on it. . . He lied to us." To Mr. Blank, who was quoted as being "betrayed" by this act: don't get mad, get even.

More Good Stories on the Mitchell Report

The Mitchell Report has generated a bevy of excellent news, media, and blog stories. To add to those mentioned in previous posts, check out:

• Geoff Rapp has some terrific comments in a piece today by Tim Lemke of the Washington Times.

• Don Walker of the Milwaukee Sentinel Journal examines the quality of evidence used to implicate players. He interviews Marquette Law Professor Matt Mitten and me for his piece.

• George Washington University law professor Paul Butler, in a post on BlackProf entitled Free Barry Bonds, argues that "If the other players [named in the Mitchell Report], most of whom are white and Latino, do not face criminal charges, the prosecutor should drop the charges against Bonds."

• Willamette University law professor Jeffrey Standen, in a post on Sports Law Professor entitled Mitchell Report Reactions, argues "The report names a lot of players; presumably many more are involved. At some point the law of diminishing returns kicks in and we no longer care."

• In a press release, Duke law professor Paul Haagen and Duke cultural anthropology professor Orin Starn discuss the desire the affix blame for the steroids problem.

• George Mason law professor Illya Somin, in a post on The Volokh Conspiracy, argues that George Mitchell did not have a conflict of interest in his role as director of the Red Sox. I argued the same on SI.com

Others' Thoughts on the Mitchell Report

I will have more to say about the Mitchell Report later. For now, let me note a few other commentators:

1) I agree with much of Alan's point that this turned out to be much strum und dranghttp://www.blogger.com/img/gl.link.gif about nothing, because the Report did not really tell us anything we did not know or at least suspect, beyond specific names (although I think I have less problem with naming names than Alan did). I also thought the divide between Mitchell ("move forward") and Selig (punishment on a case-by-base basis) was notable.

2) I second Rick's shout-out (in the Comments) to the Sean Gregory piece in Time.

3) Jack Balkin comments on the defamation issues for Roger Clemens here and why constitutional rules make it impossible for Clemens to use defamation law simply to clear his name.

4) Michael Dorf suggests that the one person who came out ahead here is Barry Bonds. First, we no longer can single out Bonds as a unique cheater, because others were doing it (this is not an excuse, but it takes the uniqueness out of the mix). Second, Bonds set his records against pitchers who themselves were juicing, suggesting that the playing field was, in some sense leveled.

5) To jump and answer a question from Jimmy H in the comments to Alan's post about the "leaked" report that included some big-name current players, including Albert Pujols: Again, defamation remains on the table, subject to NBC having done something to suggest it published the leaked names with knowledge or recklessness as to the truth of those players being in the Report.

6) See Jeff Lipshaw at CoOp taking the time to correct the media on what hearsay means and why most of the evidence in the Report is not, in fact, hearsay. I was yelling at Peter Gammons and John Kruk everytime they threw that word around without having the first clue what it means.

R.C.D ESPANYOL SIGN TWO WORLD CLASS PLAYERS

They come from the "Sesame Street" Club, two "World Class" entertainers that guarantee cash flows, BERT & ERNIE have beensignned by Spanish 1º Division side R.C.D. Espanyol - formerchandising!Apparently sales are booming, as these "players" have an authentic armyof fans. See "Mundo Deportivo" for more news...

ATLETICO DE MADRID TRANSFER RUMOURS

According to Spanish sports daily, "AS", 27 year old GermanSEBASTIAN KEHL midfielder for DORUSSIA DORTMUNDis a signning objective nxt season for ATLETICO DE MADRIA.The players contract ends with Dortmund on the 30 June 2008,& apparently Sebastian has refused to renew, thus giving weight tospeculation that he may have an agreement already with Atletico.Stay tuned!

NFL Picks Against the Spread 2007: Week 15

I realize I missed Thursday's game... finals have been the death of me (well, not quite, but you know what I mean) this week. Anyway, my picks as we are nearing the end of my drive to .500!

Bengals (-8) over 49ers

Ravens (-3.5) over Dolphins

Eagles (+10.5) over Cowboys

Packers (-9.5) over Rams

Colts (-10.5) over Raiders

Patriots (-23) over Jets

Cardinals (-3.5) over Saints

Redskins (+4.5) over Giants

Jaguars (+3.5) over Steelers

Lions (+10) over Chargers

Seahawks (-7.5) over Panthers

Falcons (+13.5) over Bucs

Titans (-4) over Chiefs

Vikings (-10) over Bears

Last Week: 9-6
Overall: 90-93-10

OVERHYPED AND UNDERWHELMED

After all that, this is what the fuss was about? Let’s take a deep breath and consider this Report by George Mitchell which ESPN headlined “Culture Shock.” A few facts would be nice.

First, despite what Mitchell says, baseball had no policy or regulation expressly banning steroids until September 2002, did not have testing with penalties until 2004 and did not ban HGH until 2005. Should Mark McGwire, for example, be vilified for taking androstenedione, a supplement that produced testosterone, when it could have been bought at the time over the counter by anyone and, of course, did not violate MLB rules?

Second, Mitchell did not test anyone, relied mostly on the word of New York Mets clubhouse attendant Kirk Radomski and hearsay from anonymous sources, and yet accused dozens of players by name of taking or using these drugs. Can you imagine any other professional endeavor or class of individuals subjected to such treatment? It is one thing if a player tests positive under rules he knows about and quite another to accept the unsworn testimony of a clubhouse staffer no one had the opportunity to cross examine.

Third, does anyone believe any player has made it to the major leagues who would not have if he had not taken such substances or that anyone is not in the professional ranks because he chose to abstain? Would Bonds have been passed over for any of his MVP awards without Balco’s products; would ARod have hit in the playoffs if he had used them?

Fourth, while the multi-million dollar Report provided a few big names such as Clemens, Pettitte and Tejada, most of the names were fairly mediocre players no longer in baseball. What good did it do to sully the reputation and integrity of these guys? What a low class shot for Mitchell and his law firm to take at athletes who played a few years, made a few bucks, and retired. Can we survey the associates at DLA Piper and see whether they have ever taken performance enhancing drugs to stay up for an all nighter or to party into the night?

Why does the public and the media continue to impose standards and rules on professional and college athletes no one else would stand for?

The hypocrisy is deafening.

Between innings, we listen to advertisements selling drugs to help us sleep, be less depressed, concentrate in school, have better sex, and degrunge our toe nails.

Colleges make millions off the sweat and hard work of their athletes in an archaic system that makes the Confederacy look like the beacon of free enterprise, all on the overstated promise that if they improve their performance they have a good shot at making millions themselves.

And now we are to be shocked and up in arms that a small minority of professional baseball players may have used artificial means to perform better.

Media, Law, and the Mitchell Report

I have a Q/A for Sports Illustrated on the Mitchell Report. I also have a couple of TV appearances, one with Darren Rovell on CNBC's Power Lunch and the other on CNN Headline News' Glenn Beck Show (it just first aired, and airs again at 9 PM and 11PM Eastern Standard Time, I appear in the first segment). Also be sure to check out Howard's chat on WashingtonPost.com.

Chat on the Mitchell Report

Earlier today, I did a live chat about the Mitchell Report on WashingtonPost.com.

I thought blogging was an off-the-cuff style of writing.

Mitchell Report is Up

The Mitchell report is available for download from MLB's web site. Deadspin is supposedly live-blogging Senator Mitchell's press conference.

FC BARCELONA NEWS & VIDEO HIGHLIGHT OF THE STUTTGART GAME

According to sports daily "Mundo Deportivo", FC BARCELONAis following closely 22 year old Croatian International & DYNAMOOF ZAGREB player LUKA MODRIC ( pictured below).However, three other clubs have made offers already Arsenal, ManCity & Chelsea, all of which wish to have the young player as earlyas next month. Sources close to the player are advising that he wait &seriously consider the Barça

SPANISH CUP: GRANADA 74 1-ATLETICO DE MADRID 2

The tight calendar has fractured the SPANISH CUP last 32 round & itcontinued tonight with the GRANADA 74 vs ATLETICO DE MADRIDclash which finished 1-2 in Atletico´s favour.The 2º Division side was a tough bone in this 1º leg, but Atletico managedto hold out & score the 2 vital goals thanks to MISTA in the 45th min &DIEGO FORLAN one min later.However, the current defensive problems that Atletico

CHAMPIONS LEAGUE 2007: FC BARCELONA & SEVILLA FC COMFORTABLY GO THROUGH GROUP LEADERS

Great night for Spanish clubs FC BARCELONA & SEVILLA FC whoboth won their CHAMPIONS LEAGUE group games & secured1º spot in their respective "mini-leagues".The above foto of DA SILVA scoring in the 2min for STUTTGART was just a scare. From then on the Barça machine got into gear &managed to defeat the Germans 3-1.Young Mexican forward GIOVANI started the ball rolling with Barça´s1º goal in the

Patriots v. Jets: Spies Like Us?

This Sunday the 3-10 New York Jets travel to Foxboro, Massachusetts to take on the 13-0 New England Patriots in what will be the teams' first meeting since the Jets complained about the Patriots violating the NFL gameday manual by having a video assistant tape the Jets coaches and players on the sidelines in Week 1. We had several posts on that topic, including a terrific one by Geoff entitled "Sign-stealing, Trade Secrets, and Corporate Espionage." The relevant rule reads as follows:

"No video recording devices of any kind are permitted to be in use in the coaches' booth, on the field, or in the locker room during the game . . . . [all video for coaching .purposes must be shot from locations] enclosed on all sides with a roof overhead."

Although the Patriots were apparently neither the first nor only NFL team to break this rule---former Dolphins and Cowboys head coach Jimmie Johnson admitted, "I know for a fact there were various teams doing this . . .that doesn't make right, but a lot of teams are doing this"---the Pats got caught red-handed, and it led to a severe punishment from Commissioner Roger Goodell: Bill Belichick was fined $500,000, the Patriots were fined $250,000, and, of greatest value, the team's 2008 first round pick was confiscated. The Patriots rule-violation has been great fodder for Patriots haters, who now believe the Patriots "cheated" (I guess any time a rule is broken, we can call that cheating? Or is breaking a rule just breaking a rule?).

Interestingly, Tom Rock and Bob Glauber of Newsday reveal that the Patriots caught the Jets breaking the same rule last season, but instead of telling the NFL, they apparently laughed it off:

According to league sources familiar with the situation, the Jets were caught using a videotaping device during a game in Foxborough last season that resulted in the removal of a Jets employee. After Gillette Stadium officials saw him using the recorder early in the game, he was told to stop and leave the area. He had been filming from the mezzanine level between the scoreboard and a decorative lighthouse in an end zone. The camera was not confiscated by the Patriots or stadium security.

Tuesday night the Jets admitted that they did videotape the game and their employee was confronted, but said they had permission from the Patriots to film from that location.

An NFL source told Newsday the league office is unaware of the incident, and that the Patriots did not bring it up during the investigation into the Jets' charges of illegal videotaping by the Patriots in September.

It always seems the Patriots get the last laugh. Not only are they 13-0 and perhaps headed for 19-0, but courtesy of an earlier trade, they hold the rights to the San Fransisco 49ers 2008 first round pick. As it stands now, that pick will be the 2nd overall pick, meaning the Patriots could go undefeated, win the Super Bowl, and then--right before the Jets pick 3rd--draft a potential franchise player like University of Arkansas running back Darren McFadden. Now that sounds like cheating!

REAL MADRID NEWS: BAPTISTA BACK IN FASHION

It´s the "Title" from Spanish newspaper "El Mundo", REAL MADRIDBrazilian midfielder JULIO BAPTISTA is back in fashion after takingthe place of GUTI in the starting line-up, & the opportunity to play.Funny how things quickly changes in Football, 3 weeks ago Baptistacould´nt get a place on the Real Madrid starting line up. Added to this,the club was trying to find an alternative team for the player

VIDEO HIGHLIGHT OF REAL MADRID 3 - LAZIO 1 ( 2007)

If you missed yesterdays Champions League game between REALMADRID & LAZIO with the 3-1 result going Madrid´s way, see thebelow the VIDEO of the complete highlight with all 4 goals.

Sharpton - Chicago Olympic Bid Update: Daley retorts; Abuse Settlement Advance

The following is an update on yesterday's post on the Rev. Al Sharpton's threats to lobby the IOC to not consider Chicago in its bid to host the 2016 Olympic Games if the City does not reform its policies of dealing with accusations of police misconduct.

The Tribune reported that later on Monday, the City Council's Finance Committee sent a proposal to the full council for approval of an advance on a $19.8 million legal settlement with four alleged torture victims of former police Cmdr. Jon Burge. When told of Sharpton's demands, which include stripping the mayor of the final decision in the firing and suspension of officers accused of misconduct, and releasing the complete records of police officers who have had repeated complaints of misconduct filed against them by African-Americans, the Mayor instructed Sharpton to "get in line".

Commenting on why Sharpton did not use the same tactic against New York, which has dealt with its own abuse problems within its police force, when the Big Apple was bidding for the 2012 Games, the Mayor responded: "It's interesting, nobody opposed New York -- very, very interesting. Why all of a sudden is it opposed here?" Specifically, Sharpton was a supporter for Abner Louima, a Haitian immigrant who was arrested and brutalized by NYPD officers in a police station restroom.

UPDATE ON 12/13/07: Thanks to Peter for the notice. Today, Federal agents issued subpoenas for financial records of Sharpton's non-profit and for-profit businesses, as well as his election fund from the 2004 Presidential Election, and personal financial records of Sharpton and his wife. As many as 10 Sharpton associates are to appear before the Grand Jury in Brooklyn, NY on 12/26/07. Merry Christmas, indeed.

CHAMPIONS LEAGUE 2007: REAL MADRID 3-LAZIO 0 & CHELSEA FC 0-VALENCIA CF 0

The good news is that REAL MADRID has secured its spot for the nextstage of the CHAMPIONS LEAGUE as group leader, while VALENCIACF say goodbye & fail to stay in Europe even via the UEFA Cup option.REAL MADRID defeated LAZIO 3-1 in a good display of Footballmarred by a certain relaxation in the last 15 mins of play that leadto the Lazio goal. So much was the relaxation that in the last

Anticipating the Mitchell Report

Howard Bryant has a lengthy and detailed (albeit anonymously sourced) story at espn.com about the soon-to-be-released Mitchell Report and the various problems and intrigues that have confounded the now-20-month-old investigation. The article describes, among other things, pressure from MLB and the investigative team on GMs, trainers, strength coaches, and clubhouse managers to speculate as to possible steroid users. It also contains information suggesting that the investigators were unprepared to ask more than surface questions and did not know enough about the day-to-day life of professional baseball to ask the kinds of questions that would draw out meaningful information. Finally, there is a sense of competing views of the purpose of the report: While Mitchell's team seems to want to name names and expose past wrongdoing, many of the team employees and executives interviewed were hoping for a more remedial, forward-looking report on how to get steroids out of the game going forward. See also the sidebar Q & A with Lester Munson.

Whatever it says, the Report will have a lot of people talking.

Update: 9 p.m. C.S.T.:

A good story from John Donovan at cnn.si discussing what people in baseball are expecting. Donovan reports that only two active players--Jason Giambi and an unnamed player--spoke with investigators. The report also relies heavily on testimony from former Mets clubhouse attendant Kirk Radomski.

This story says that MLB received a draft of the report earlier Tuesday and release is expected on Thursday. It also reports that 60-80 current and former players are named, most off Radomski's testimony.

Michael Vick's Sentence: 23 Months in Prison, 3 Years Probation

Yesterday I did a Q/A on Michael Vick's sentence for SI.com. In addition to discussing the sentence--which will last for at least 20 and a half months--I discuss the prospect of Vick's state trial, the factors that will likely be considered by the U.S. Bureau of Prisons in where it decides to incarcerate Vick, and what Vick's supervised release following his prison sentence might entail. I interviewed Tom Hutchison, the chief of staff for the U.S. Parole Commission, for the piece, and he provided some great insight. I hope you have a chance to check it out.

I also contributed some comments to Jeff Barker for his piece in the Baltimore Sun on Vick's sentence. Barker also interviews University of Richmond law professor Carl Tobias.

Freakonomics and NBA Officiating

Ian Ayres has a piece in the November 2007 issue of the Economists' Voice urging NBA Commissioner David Stern to "give Freakonomics a chance" as a way to get to the bottom of whether there is pervasive point-shaving or other cheating by NBA officials. Ayres argues that the emerging field of forensic econometrics has been successful in presenting statistical evidence of misconduct, including match-fixing in sumo wrestling, possible point-shaving in college basketball, and racial bias among NBA officials.

Ayres current concern is the case of former official Tim Donaghy, who has confessed to gambling on games he officiated and to manipulating calls to benefit himself and other gamblers. The NBA has insisted that Donaghy was an isolated bad-apple employee. Ayres argues that the league should be more substantively transparent in order to prove to fans that they can trust the league and its officials. Releasing its internal officiating data (tracking which refs made what calls in each game) for study by outside forensic statisticians goes a long way to restoring that trust--whether by assuring fans that the league is, indeed, clean or by exposing more malfeasance and giving the league a chance to really clean itself up.

(Cross-Posted at PrawfsBlawg)

SPANISH FOOTBALL: VIDEO OF THE GOAL OF ROUND 15/2007: NEGREDO FOR ALMERIA

SFS has hung the VIDEO of the goal voted by most media criticsas the Best Goal of Round 15 of "La Liga". Important goal for ALMERIA as it was the winner against VALLADOLID & the"creator" was NEGREDO. Enjoy!

FORMULA 1: ALONSO BACK WITH RENAULT

It´s the big story in Spain today, 2º time Formula 1 Spanish WorldChampion FERNANDO ALONSO has finally decided his future &has accepted to return to RENAULT for the next two years.It was the obvious choice, better the devil you know! Alonso wantedoriginally a 1 year contract, thing no one was going to give him. PlusAlonso waited to know the outcome of the court decision against Renaultfor

Quirky Clauses in Baseball Player Contracts

The Mental Floss Blog has put together an amusing list of odd clauses inserted into the contracts of certain major league baseball players. The Uniform Player Contract (page 210 etc. of the Basic Agreement), of course, permits "special covenants" of this nature, but some of these seem quite weird.

Test your knowledge by matching the contract clause to the player in the list below:

Players:

Roy Oswalt

Charlie Kerfeld

A.J. Burnett

Rollie Fingers

Contract quirk (team to provide...):

Nine limo trips for player's wife from Maryland to Canada

$100 worth of mustache wax

37 boxes of orange jello

Caterpillar Bulldozer

You can view the full list here.

Sharpton Threatens Chicago's Olympic Bid if Demands Not Met

Today, the Chicago Tribune reported an interesting news item out of the newly established Chicago branch of the Rev. Al Sharpton's National Action Network (NAN), which could present a challenge to Chicago's bid to host the summer Olympics. Chicago, the USOC's choice to bid for the 2016 Olympic Games, has recently had a number of controversies surrounding its police department involving both on-duty and off-duty (here and here) actions of its officers. Sharpton now seeks to link the Department's troubles with the Games.

NAN's Chicago branch has focused on addressing the relationship between Chicago citizens and the police department, and with the Tribune's special report addressing the justification rate of police shootings that hit newsstands on December 5th ("Shielded from the Truth"), Sharpton is seizing the opportunity. The following is an excerpt from the Tribune piece:

"Chicago police shoot a civilian on average once every 10 days. More than 100 people have been killed in the last decade; 250 others have been injured. But only a tiny fraction of shootings are ruled unjustified -- less than 1 percent, police records and court testimony indicate. Despite these rulings, police shootings have led to $59 million in settlements and civil judgments against the city in the last decade, including nearly $8 million from just two jury verdicts in recent months."

I do not claim to have any expertise in the area of police conduct. In fact, these statistics may be on par with police departments nationally (any input is welcome here), and the relationship between the civil judgments and settlements may correspond with the justification statistics. As such, I am not attempting to open up a debate on this issue. My concern for purposes of this post is that to get the attention of Chicagoans, and Mayor Daley, Rev. Sharpton has targeted Chicago's bid for the 2016 Games as a way to draw attention to the issue of police misconduct.

Sharpton threatens that if his group's demands are not met, namely reform of the system by which allegations of police misconduct are dealt with, he will lobby the International Olympic Committee (IOC) to not consider Chicago's bid.

Sharpton's initial, specific demands are supposed to be announced later today, but his main focus appears to be the establishment of a civilian review board and to address police misconduct and the City's response to the same.

"Chicago 2016" is regarded by many to be Mayor Daley's lasting legacy if Chicago won the bid. To say nothing of the strength and worth of Sharpton's cause, he is attacking something very dear to the Mayor, many Chicagoans, and Olympic supporters.

6 Finals = The Suck

^^^ see title!

SPANISH FOOTBALL - LA LIGA - ROUND 15/ 2007 RESULTS

Lots of goals & a particularly tough Round 15 of "La Liga" with plentyof rough play & red cards, apart from the usual dose of goals.One of those tough games was ATLETICO DE MADRID´s 1-0 victory overGETAFE with 4 red cards. Before the game got started one of the redcard "victims" SERGIO AGUERO received the "Golden Boy Award" forthe Best U/21 player in the World for 2007.DIEGO FORLAN managed

A Letter to Tim Tebow

Dear Mr. Tebow,

Congratulations on winning the Heisman Trophy Saturday night, and you most certainly deserve it. I have been waiting for the appropriate time to discuss something with you (and similarly-situated high-profile collegiate athletes). Did you happen to catch the Associated Press release last friday, "Florida threatens legal action against sites selling Tebow items"? Your school has sent cease-and-desist orders to various web sites that are selling pictures, autographs, T-shirts, license plates and others items with your name on them, asserting that the web sites do not have your permission nor your school's permission to do so. It is understandable that your school would do that, because it does not make any money every time a non-licensed company sells something with your name or picture on it.

Third parties (including your school, the NCAA and EA Sports) are profiting immensely from the commercial use of your identity and celebrity status. But the NCAA and its member schools want you to think that you do not have a right of publicity in your identity. They accomplish this by telling you, and third parties using your name and/or likeness, that the NCAA bylaws prohibit you from profiting in this context. Buried in the current version of the 453-page NCAA Bylaws Manual contains the following pertinent provisions:

12.5.2.1 Advertisements and Promotions After Becoming a Student-Athlete. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or
(b) Receives remuneration for endorsing a commercial product or service through the individual’s use of such product or service.

12.5.2.2 Use of a Student-Athlete’s Name or Picture without Knowledge or Permission. If a student-athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or theinstitution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

Obviously, I understand the vital importance of maintaining your eligibility, and that your eligibility is determined by compliance with NCAA bylaws. These bylaw provisions make it clear that you may not accept payment for the use of your name or picture to advertise, recommend, promote or endorse the sale of commercial products and services, and that you and your school must try to prevent the use of your name or picture on commercial items. So the NCAA takes the position that it is o.k. for it and other licensed commerical entities to profit from jersey and video game sales because your name and picture are not being used in violation of these bylaws, and that, by them not using your name or picture, it also preserves the concept of "amateurism".

However, the fact that your name and picture are not being used by these entities in violation of NCAA bylaws does not mean that your identity is not being used in violation of your right of publicity. When my son put together his Christmas wishlist this year, he wrote down, "a Tim Tebow jersey." He did not say, "a Florida Gator jersey with number 15 on it." He also knows that the computer image of a UF player with #15 that has your build, hair color, facial features and skill level in the video game I paid $50.00 for, is in fact YOU. I can assure you that there is plenty of legal precedent establishing that the identification element is clearly met for a right of publicity claim.

So who do you enforce your claim against? Suing the NCAA after you just won the Heisman is probably not a good PR move. Besides, the NCAA would probably take the position that it and its member schools own the rights to the logos, team names, colors and numbers, and that those are the only rights they have licensed for use by third parties. If you sue the jersey and video game manufacturers, they will assert that they are not using your identity, but no court would buy that argument. And, in the alternative, they will assert that the NCAA granted them a license to use your identity. There are two problems with this argument. For one, the NCAA did not grant them a license to use your identity, they licensed the logos, team names, colors and numbers. But more importantly, the NCAA cannot grant such a license because it does not own the rights to your identity, and thus does not have the right to assign those rights for use by any third party.

That takes us back to the eligibility issue. If you sue these commercial entities, it should not affect your eligibility. By filing a lawsuit, you would not be accepting payment for the use of your identity in violation of the bylaws; you would be protecting your property rights in your identity from theft. Once you ultimately obtain a judgment, the NCAA could take the position that receipt of a judgment constitutes acceptance of payment. But by the time you receive that judgment, you will have already exhausted your eligibility. Your lawsuit could be the impetus for the NCAA to begin negotiating with its licensees for an annual royalty to be held in trust for the benefit of collegiate athletes in the future, without destroying their eligibility.

Sincerely,

Rick Karcher
Sports Law Professor


UPDATE 12/10:

P.S. Timing is everything. Last Wednesday, the NCAA formed a presidential task force to examine limitations on the future use of your name, image and likeness by your school, conference and the NCAA to promote the competition and events in which your school participates. You are the ideal person to suggest that this task force be adequately represented by student-athletes to ensure that this task force considers your interests in addition to the NCAA's interest.