Is Michael Beasley better than Kevin Durant?

After Kevin Durant rampaged through the Big 12 as a freshman, most people (myself included) assumed that we probably wouldn't be seeing anything like that again for a while. But it is possible that we are seeing something even better just one year later? Is Michael Beasley better than Kevin Durant was?

Looking at the sheer numbers, it's a tough call. Durant averaged 25.8 PPG and 11.1 RPG last year as a freshman, numbers that were difficult for me to comprehend. Well, though he still has a ways to go before this season is over, Beasley has nearly identical numbers - 25.3 PPG and 12.4 RPG.

Looking more closely, one thing jumps out at me - Beasley is a much more efficient scorer. Kevin Durant could score in basically every way imaginable, but the percentages give the edge to Beasley. Durant shot 47.2% from the field, 40.4% from the 3-point line, and 81.6% from the FT line. Michael Beasley is shooting 56.2% from the field, 43.5% from downtown, and 74% from the stripe. Edge goes to Durant at the FT line, but there's a large edge for Beasley in the other areas.

Next, I think Beasley is a better rebounder than Durant. The numbers say things are close... Beasley averages about 1.3 more rebounds per game than Durant did last year. However, I think Durant relied a lot more on his wingspan and athleticism to grab rebounds, which isn't really treating him so well at the next level. On the contrary, Beasley has incredible instincts, quickness, and positioning when rebounding. I think this will cause him to be a better rebounder at the next level than Durant.

Defensively, I give the edge to Durant. The freakish wingspan that helped him be such a good rebounder also helps him defensively. He is able to get in the passing lane, and block more shots. Beasley is a solid defender with his athleticism, but I think Durant has more potential in that area.

All in all, it's great to be able to see such talented players, both of whom put (and are putting) up absurd numbers in the Big 12 as freshmen. Who will be better in the long run? I'm not sure. But looking at the numbers and looking at their games, I think Michael Beasley has been the superior college player so far. Let's see if he can lead Kansas St. further than the Longhorns got last March.

Your thoughts? Who is better?

SPANISH CUP 2º LEG Q/FINAL 2008 THURSDAY GAMES

RACING DE SANTANDER & FC BARCELONA join Valencia CF& Getafe in the semi finals of the SPANISH CUP after the last twomatches of the 2º leg Q/Finals were played tonight.ATHLETIC DE BILBAO drew 3-3 at home against RACING, but lost the Q/final because Racing came into the game with a 2 goaladvantage from the 1º leg.The goal scorers for Athletic were AMOREBIETA (18th min),MUÑOZ (24th min) & SUSAETA (

FORMULA 1: FERNANDO ALONSO & RENAULT OFFICIAL PRESENTATION

Here is a quicky for all the Spanish & non-Spanish auto fans would wish to know wants up with FERNANDO ALONSOWell today in Paris ( France) Renault presented officially to media its drivers Alonso & Nelsinho Piquet along with the new look R28automobile. Good luck to both.

EUROPEAN CUP FINAL 2010 IN MADRID

UEFA has announced that the mitical Real Madrid stadium "SantiagoBernabeu" ( below) will host the final of the European Cup in 2010,as published by "AS".It will be the first time that a final will be played on a Saturday & haswon over the "new" Wembley Stadium in London.The last time that the "Santiago Bernabeu" stadium hosted aEuropean Cup final was in 1980, that is, 30 years ago ( taking2010 as

Baseball's "Secret Police" as Unfair Labor Practice?

The Umpires' union is upset about Major League Baseball's agressive background investigations of its members. According to ESPN, MLB began to conduct checks on umpires in the wake of the Tim Donaghy scandal in the NBA.

The union has not decided whether or not to pursue legal action. Although members have characterized the questions asked as "defamatory" (for instance, "Is umpire __ a member of the KKK?"), it doesn't seem like a tort claim would have legs. Intead, the issue would likely be whether an employer can unilaterally implement background investigations of union members. This would turn on whether a background investigation amounts to a "condition of employment" and is therefore a mandatory item of collective bargaining (an issue that we have discussed on the blog a number of times, such as here and here).

I am aware of only two cases touching on the unilateral implementation of background checks of union members. After September 11, airlines conducted background checks of various airline employees. In Aircraft Mechanics Fraternal Ass'n v. Northwest Airlines, 2002 WL 598418 (D. Minn. 2002) (unpublished opinion), a union sought to stop criminal background checks of its members, claiming that the checks were a "repudiation" of the collective bargaining agreement. The court did not address whether unilateral implementation of background checks needed to be negotiated because it found that the CBA expressly authorized Northwest to make the change: "the CBA explicitly allows Northwest to promulgate 'rules, regulations, and orders ... which are not in conflict with the provisions of [the CBA] or applicable state or federal law.'"

However, in Board of Educ. of City School Dist. of City of New York v. New York State Public Employment Relations Board, 75 N.Y.2d 550 (N.Y. 1990), the New York high court found that financial disclosure requirements and background checks of school employees were a mandatory item of collective bargaining.

How would the umpires' union fare were it to file an unfair labor practice charge based on the background checks? Is there a provision in the umpires' CBA that allows baseball to take such action? (Perhaps a "best interests of the sport" clause?).

Salary Arbitration - Most Deals Are Below the Midpoint

It has been a quiet few days on the arbitration front. Since my last posting, two $1 million deals were signed (Esteban German - Kansas City Royals and Todd Wellemeyer - St. Louis Cardinals). Wellemeyer’s deal includes $100,000 in performance bonuses.

A number of reporters have written that the midpoint is a common settlement point. My research covering the past four years placed 45% of the deals below the midpoint while 22% were actually at the midpoint. For the purposes of my analysis, I am using the base salary. In some instances, the parties agree to performance bonuses that often take the deal to the midpoint or even slightly above the midpoint. My research totals are outlined below:


Multiyear deals - 2004 (5), 2005 (8), 2006 (7), 2007 (10)
Above the midpoint - 2004 (1), 2005 (3), 2006 (8), 2007 (4)
At the midpoint - 2004 (6), 2005 (5), 2006 (9), 2007 (12)
Below the midpoint - 2004 (8), 2005 (21), 2006 (14), 2007 (22)


Totals for 2004-2007


Multiyear deals - 30 (21%)
Above the midpoint - 16 (11%)
At the midpoint - 32 (22%)
Below the midpoint - 65 (45%)
Total - 143 (99% - a result of rounding fractional percentages)

SPANISH CUP 2º LEG Q/F VIDEO HIGHLIGHTS AT.MADRID - VALENCIA CF & MALLORCA - GETAFE

Missed yesterdays SPANISH CUP 2º leg Q/Final games betweenAt.Madrid & Valencia, plus Mallorca & Getafe?Wish to see the goals & highlights?

Thursday Debate: Midseason NBA MVP

We are about at the midway point of the NBA season, which means it's time for the ultimately worthless midseason awards. I'm going to focus on the MVP race, because I think it's the most interesting, and ultimately that is what matters.

Let's start off with apologies to guys like Chris Bosh, Tim Duncan, Chauncey Billups, Dirk Nowitzki, and Carlos Boozer, who just miss the cut. Here are the top 5, in inverse order:

5. Dwight Howard (Orlando) - He has taken his game to a completely new level this season on both sides of the ball. With 2.6 blocks per game, he is a threat defensively at the basket. Offensively, he has developed an efficient, and explosive post game, using his incredible quickness in the post. Plus, at age 22 he is the best rebounder alive, using his instincts and athleticism to grab nearly 15 rebounds per game.

4. Kobe Bryant (Los Angeles) - People often refer to Kobe as the best player in the world, but I'm not sure that's the case anymore. He seems to have lost a little bit of the athleticism after the knee surgery. But people don't give him enough credit for his craftiness and smarts scoring the basketball. While a guy like LeBron James relies on his athleticism sometimes to score, Kobe scores in a number of ways. He is quick on the post, great with fadeaways, and just crafty when he gets the ball down low. The shooting percentage is down a little bit, and he is not getting to the FT line as much as he has in past years (again, a sign that he may have lost a little explosiveness and is not going to the basket as much), but he's still obviously one of the 2 most dangerous offensive players in the NBA.

3. Kevin Garnett (Boston) - Looking at the Celtics record is enough to see the impact that KG has had. The counting stats are down a bit this year, but there are reasons for that. He is not playing quite as many minutes, and he is simply deferring to teammates more. With talented guys around him, KG does not have to force things... of course, he has adapted his game seamlessly, showing the unselfishness of his game. He is taking only good shots... he is shooting the ball 4 less times per game than he was last year, and his shooting percentage has skyrocketed from 47.6% to 55.1%. Add in the world-class defense, and KG is #3 on my MVP list.

2. Chris Paul (New Orleans) - Yes, the most underappreciated player in the NBA. People need to see how good Chris Paul is. It's difficult to appreciate how good he has been in leading the Hornets to their blistering 32-12 start. He scores efficiently (48% shooting, 35% 3's, 89% FT), and is a fantastic passer, doling out over 10 assists per game. For being 6'0, he is a great rebounder, snagging 4 per game. Defensively, he might have the quickest hands of anyone in the NBA, getting 2.6 steals per game. He is the premier PG in the NBA.

1. LeBron James (Cleveland) - The best, most athletic player in the NBA. To say that LeBron James is the most athletic player in the game hardly does him justice... it really is like a man among boys, at times. He is the quickest player in the league off the dribble, one of the fastest up the court, and the highest leaper. Oh yeah, and he's the best and strongest finisher at the hoop in the NBA, with a greater skill of getting 3-point plays. Add in the fact that he's a great passer and is becoming a great defender, and it's hard not to see him deserving this award every year for a while. He may not be a consistent outside shooter yet (and maybe never will be), but he more than makes up for that by being so incredibly outstanding in every other facet of the game.

Your thoughts? Who is your first half MVP?

Who is the Midseason NBA MVP?
	LeBron James
	Chris Paul
	Kevin Garnett
	Kobe Bryant
	Dwight Howard
	Other

SPANISH CUP 2º LEG Q/FINAL 2008 WEDNESDAY GAMES

Two games played tonight in the 2º leg of the SPANISH CUPQ/FINALS that have given the following results, scorers & images.VALENCIA CF took its one goal advantage to ATLETICO DEMADRID, & it was the key the opened the door for them to qualifyfor the semi-finals. The presence of the Argentine Football leyendMARADONA (above) to see the game & cheer on Atletico was notenough, although Atletico won 3-2

NCAA Convention Session Videos On-Line

Anyone with an interest in the regulation of college athletics may want to check out the NCAA's web site, which now includes videos from the NCAA Convention earlier this month. There are a number of panels of potential sports law interest, including Sports Wagering and Legal, Medical and Treatment Aspects of Student-Athlete Pregnancy.

FC BARCELONA JOIN TOTTENHAM, LYON, REAL MADRID, LIVERPOOL, MAN UTD IN PUSH FOR GARAY

It´s the type of headline all young 21 year old footballer wishes, to havethe best clubs in Europe "fighting" to get your services.The RACINGDE SANTANDER Argentine defender GARAY (pictured) is beingthrown flowers by LYON, TOTTENHAM,REAL MADRID,LIVERPOOL, MAN UTD & now FC BARCELONA has entered thepicture, according to radio "Cadena Ser" & daily "Sport". So much so,that Barça directives are

Lo Siento

Sorry, I've been a little under the weather the past couple of days, which is why I haven't posted. Plus, my disposition is not being helped by the fact that it's about -40 windchill right now (maybe even colder).

But anyway, I've got what could be a fairly interesting post (wait, aren't they all interesting?)(hmmm....) planned for tomorrow, so check back then!

REAL MADRID & SEVILLA FC REGAIN KEY PLAYERS

Bad news for African Nation MALI today after being eliminatedby IVORY COAST 3-0 in the AFRICAN NATIONS CUPHowever, for Spanish teams REAL MADRID & SEVILLA FC theresult could not have been better because they can now recover& get back into their squads two vital players for their teamsDIARRA ( above) , KANOUTE ( below) & KEITA will be flyingback asap to their respective teams - Real & Sevilla - as

DEPORTIVO A CORUÑA NEWS 2008: WILHELMSSON TO DEPOR?

According to Swedish daily "Aftonbladet" & Spanish paper "Marca"Spanish 1º Division club DEPORTIVO is close to sealing the loan ofSwedish International & English Premier League club BOLTON player CHRISTIAN WILHELMSSON until the end of the season.Deportivo, who are struggling this season at the botton of the league ladderhave confirmed that they are negotiationg with Bolton for the 28 year

The Strange New Offering from the Clemens Team

Yesterday, in an effort to undercut suggestions that the longevity of Roger Clemens could only have been the product of steroid use, Clemens's agents released the "Roger Clemens Report." According to the New York Times:

His agents, Hendricks Sports Management, issued a 45-page statistical analysis Monday arguing that Clemens prolonged his career by making adjustment in his pitching, not by drug use.

“Clemens’s longevity was due to his ability to adjust his style of pitching as he got older, incorporating his very effective split-finger fastball to offset the decrease in the speed of his regular fastball caused by aging,” the report says.

Leaving aside the fact that it is long on assertion and short on analysis, the report is one of the strangest items to surface in connection with Roidgate 2008. It looks to me like the bulk of the report was recycled from submissions made to teams and salary arbitrators when Clemens sought to negotiate or obtain new contracts. The tables -- comparing Clemens to Randy Johnson, Curt Schilling, and other "stars" and tracking his performance over time -- are precisely the kind of thing that agents use to negotiate higher salaries for their clients.

RCD ESPANYOL: EWERTHON TO FILL TAMUDO GAP

Brazilian forward EWERTHON (below) is back & going to RDC ESPANYOL until the end of this season on loan from German sideSTUTTGART, with REAL ZARAGOZA´s permission. Why? The player still "belongs" to Zaragoza who loaned him to Stuttgart , &now returns to Spanish Football with Espanyol.The player is called upon to fill the huge gap left by the injuried Espanyol Captain & goalscorer Raul Tamudo who

Baseball Salary Arbitration - Second Post - With a Particular Emphasis on the Houston Astros

After a little over a week since 48 players exchanged numbers with their teams, and according to my research 13 players have signed if you include the Robinson Cano deal with the Yankees. The recent discussion about a trade involving Erik Bedard puts one of the players who exchanged numbers with his team in a position of negotiating with a different general manager.

Six of the deals are multiyear contracts with 1 above the midpoint, 3 at the midpoint, and 3 below the midpoint. The multiyear deals went to Rafael Betancourt (Indians/2-years), Cano (Yankees/4-years), Michael Cuddyer (3-years), Endy Chavez (Mets/2-years), Yadier Molina (Cardinals/4-years), and Rafael Soriano (Braves/2-years). The number of multiyear deals is interesting in terms of my research back through 2004 on players and teams who exchanged numbers but settled before a hearing. In 2004, 5 of the 21 players signed multiyear deals (24%). In 2005, the numbers were 8 of 40 (20%). In 2006, it was 7 of 38 (18%). Last year, 10 of the 48 agreed to multiyear deals (21%). I am certain that the current rate of 46% will come down.

Dave Borkowski (Astros) signed for $800,000 with a performance bonus package of $50,000 based upon appearances or innings pitched. That is still below the $925,000 midpoint ($750,000/$1,100,000). Kyle Snyder settled at $835,000 with a performance package of $15,000 based upon appearances. That still puts him below the midpoint of $875,000 ($725,000/$1,025,000). Michael Wuertz of the Cubs accepted $860,000. That was just barely below the midpoint of $862,500 ($750,000/$975,000). Note that none of these final salary figures exceed $1,000,000.

Settlements at the midpoint include Chad Gaudin (Athletics) at $1,775,000 ($1,500,000/$2,050,000), Matt Guerrier at $950,000 ($750,000/$1,150,000), and Scott Proctor (Dodgers) at $1,115,000 ($930,000/$1,300,000).

The one player to exceed the midpoint is Geoff Geary of the Houston Astros at $1,125,000 ($950,000/$1,250,000). His midpoint was $1,100,000. Geary is also a newcomer to the Astros who dealt Brad Lidge and Eric Bruntlett to Philadelphia for Geary, Michael Bourn, and Mike Costanzo. Speaking of the Astros, they exchanged figures with four players: Dave Borkowski, Geoff Geary, Mark Loretta, and newly acquired Jose Valverde. The Tuesday, January 22, deal with righty Borkowski for $800,000 plus incentives is quite similar to the deal with Brandon Backe allowing both sides to skip exchanging numbers. The deal with Backe for $800,000 plus incentives was reached on January 11. Ty Wigginton was a deadline day signee. Wigginton received a $4.35 million deal plus incentives on Friday, January 18.

Hoping to force a settlement, general manager Ed Wade imposed an end-of-the-workday deadline of Wednesday, January 23, for agents Bob Garber and Bill Rego to complete negotiations with Wade on contracts for Mark Loretta (Garber) and Valverde (Rego) or proceed directly to a hearing. When the deadline passed, the Astros were committed to their first hearings since they lost to Daryl Kile in 1997. Wade’s decision to proceed in this way is a major departure from the club’s past practices. The Astros are 5-6 in their 11 hearings since 1974. The ledger for Houston including the arbitrator if I have located the information is as follows:
The Astros wins were Bill Dawley (1986 - Stephen Goldberg), Bill Doran (1987 - Raymond Goetz), Frank DiPino (1986 - Bernard Melzer), Darryl Kile (1997 - Morton Michnick), and Al Osuna (1994 - Pat Hardin).

The Astros losses were Joaquin Andujar (1980 - arbitrator information not located), Kevin Bass (1987 - Glenn Wong), Glenn Davis (1989 - Stephen Goldberg), Joe Sambito (1980 - arbitrator information not located), Denny Walling (Frederick Reel), Rick Wilkins (1996 - Morton Mitchnick).

As you can see from the list, the Astros have not been to a hearing in over a decade and never before a three-arbitrator panel.

Loretta is seeking $4.9 million and the Astros countered with $2.75 million. The midpoint is $3.825 million and the gap is $2.15 million. Last year Loretta received a base salary of $2.5 million plus a reported additional $1 million for reaching his performance bonuses. Loretta hit .287 while playing all four infield positions. The veteran of 13 big-league campaigns has over 1,500 hits in his career and a .298 lifetime batting average. He signed as a free agent last year with the Astros after the Red Sox cut him lose after the 2006 season when he made $3.25 million.

Valverde was acquired from the Arizona Diamondbacks after amassing 47 saves in 65 games last year when the Astros sent Chris Burke, Chad Qualls, and Juan Gutierrez to the D-backs in December 2007 for the first-time National League All-Star. Valverde received $2 million for that effort, and he is seeking $6.2 million from the Astros for 2008. Houston countered with an offer of $4.7 million. The midpoint is $5.45 million with a gap of $1.5 million.

FC BARCELONA NEWS 2008: RONALDINHO FIT AGAIN AND READY TO GO!

Great news for FC BARCELONA after letting slip 2ºpoints this weekend & allowing the "enemy" - Real Madrid - to escape aheadon the classification table with 9ºpoints lead.Brazilian "crack" RONALDINHO was given today the OK by themedical team to get back on the turf & do his thing: play football.Ronaldinho has missed the last 8 games for Barça & could make his return next Thursday in the 2º leg of

FC BARCELONA NEWS & HUMOUR 2008

According to "Sport" & English dialy "Mail On Sunday", CHELSEA,TOTTENHAM & NEWCASTLE are interested in the services of 30year old Portugues International & FC BARCELONA midfielderDECO, after the player announced that he may leave Barça at theend of the season.Lastly, in "Mundo Deportivo´s" cartoon section, "Pelotazos" by Kap, theyfocus on Barça´s 1-1 draw yesterday that "gave" their arch rivals

REAL MADRID 3 - VILLAREAL 2 - ROUND 21/ 2008 - VIDEO HIGHLIGHTS

SFS readers have requested the highlights of this great game. TheCopyright owner is asking the various sites to take it off. Try this onebelow :O)Real Madrid 3 vs Villareal 2 Highlights (2008)

Tribute to Harvard Law School Professor Paul Weiler

I was recently asked by Harvard Law School to write a tribute for Professor Paul Weiler, my former sports law professor who is retiring from teaching this year. I was deeply honored by the request. My tribute appears in the most recent issue of the Harvard Law Bulletin and I have excerpted it below.

Passion in His Playbook

If there’s ever a Hall of Fame for sports law, Paul Weiler is a shoo-in

By Michael McCann LL.M. ’05

The late Will McDonough, the Boston Globe columnist, once said: “When it comes to sports law, Paul Weiler knows the answer before you ask the question.”

In fact, for many law students, attorneys and professors, Paul Weiler is indisputably the founder of American sports law and the field’s most distinguished member, having virtually invented the specialty by merging his expertise in labor law with his love of sports. As one of his former students and now a colleague in legal academia, I appreciate him more and more every day.

Weiler’s passion for his subject—and for teaching it—has inspired countless HLS students to successfully pursue careers in sports law. Since he began teaching at Harvard Law School, an astonishing number of his students have become sports law scholars, agents, litigators, mediators and other professionals engaged in what is quite possibly the most competitive specialty within the law. Their success is a testament to the man who taught them things such as the powers of the commissioner, the legal ramifications of steroid use, the nuances of Title IX, the intersection of torts and sports, and myriad other topics that define the field that has so defined him.

Just consider, for a moment, the body of written work he has produced, and how his students can so readily draw on it. Most notably, he has co-written what is probably the leading casebook on the subject, “Sports and the Law,” as well as numerous law review articles and journal publications that have established and substantiated the growing canon of sports law scholarship.

And, aware that many people who aren’t lawyers will seek instruction in the topic, Weiler has also written more popularized sports law entries. The most significant among them is the transformative book “Leveling the Playing Field: How the Law Can Make Sports Better for Fans,” which, according to The New York Times Book Review, “combines the broad knowledge of an all-seasons sports fan with the clarity of an antitrust lawyer.” Reaching both an academic and a popular audience is never easy, and yet Weiler has done it with the adroitness and grace that have distinguished his career.

Weiler has also been the leading public advocate for sports law. He has testified before the U.S. Congress and met with politicians in Canada, his home country, on a seemingly boundless range of issues. Many leaders here and abroad consider him sports law’s leading guru.

The true essence of Paul Weiler, however, cannot be captured by the long list of his professional accomplishments, contacts and honors. Instead, it rests in his heart, in his soul and in his undying warmth. Like all of his former students, I can personally attest to his profoundly deep and unqualified compassion for everyone who seeks his guidance. I will never forget, nor fail to appreciate, the enormous amount of time, energy and emotion he spent with me on a paper that I would eventually publish in a law review. There were certainly many demands on his time—demands that seemed to me to be much more important. But never once did he put those demands ahead of me. Paul Weiler just doesn’t do that. His students always come first.

It may be just a coincidence that such a friendly professor held the prestigious Henry J. Friendly Professorship of Law, but it couldn’t be more fitting. As much as I hate to disagree with the late Will McDonough, when it comes to sports law, it’s not about the questions that Paul Weiler can answer. For me, as for so many others, Paul Weiler is the answer.

SPANISH FOOTBALL - LA LIGA - ROUND 21 /2008 SUNDAY GAMES RESULTS

Surprises, controversy & plenty of goals in Round 21 of "La Liga"that added more spice to the Spanish 1ºst Division. Here are the results, scorers & images of todays games.Firstly, REAL MURCIA lost in a disputed game against LEVANTE, with the latter winning 2-3 in the last minute with a goal that wasoff-side.Murcia started well with a goal by IVAN ALONSO in the 45th min,but Levante pulled back

REAL ZARAGOZA TRANSFER RUMOURS: LIVERPOOL FC AFTER PABLO AIMAR?

News from English paper "Daily Mirror", which has been picked up locally by "Marca" inform that English Premier League & EuropeanCup sub-Champions LIVERPOOL FC may make a move for thecurrently injuried ( pelvis) & recovering Argentine & REAL ZARAGOZAmidfielder PABLO AIMAR.Liverpool coach Benitez sees Aimar as a value asset for his teamas he coached the Argentine back in Valencia, & knows well

TOTTENHAM HOTSPUR AFTER CARLES PUYOL & VIDEO OF RONALDINHO, DECO & MOTTA AT THE BEACH

How´s this for news out of "Mundo Deportivo" that picked it up from"Sky Sports". According to the latter TOTTENHAM HOTSPURSrepresentatives have flown to Barcelona to discuss the possibilty ofBarça Captain CARLES PUYOL going over to London. It is the wishof Tottenham´s Spanish coach Juande to make 30 year old CarlesPuyol the new leader of the team in the future.SFS wishes them luck as it is going

Who is the best Mid-Major?

One of the best parts of college basketball is the Mid-Major... the teams that seem to come out of nowhere (mostly because people don't know a lot about them) to make major impacts in March. Now it's time to assess who is the best among them. For the purposes of this post, I am included all teams that are not in a BCS Conference and are not Memphis. The candidates are:

Butler - I've written about them before, but I love watching these guys play. Fundamentally, they're excellent. They're unselfish with the ball, don't turn it over, and shoot the ball well from downtown. They're not athletic (other than Mike Green), but the aforementioned attributes allow them to compete with anyone.

Xavier - Their domination of Dayton seems to establish them as the team to beat in the A-10 (if they weren't already). They're deep, experienced, and very well-balanced. They have 6 guys that score between 10.2 and 12.0 PPG, which is pretty remarkable. With Drew Lavendar's steady hand at PG, they can play any tempo.

St. Mary's - Has Gonzaga's reign over the WCC ended? Perhaps. They've got solid wins over Drake, Oregon, and San Diego St., which will help come Tourney seeding time. You've probably heard of frosh Patrick Mills by now, but if not, you should. Diamon Simpson provides a presence down low.

Drake - They're not extremely talented or athletic, but they just play very well together. They turn the ball over just 13 times per game, and shoot the ball efficiently. They don't really have any overly impressive victories, which makes it hard to know just how good they are, but as of this writing they're 17-1, which isn't too bad.

Dayton - They've lost 2 in a row, but they still stand at 14-3 right now. They're led by senior Brian Roberts, who might be fighting Drew Lavendar for A-10 Player of the Year. Freshman Chris Wright is one of the most athletic players in the conference.

Gonzaga - They have 5 losses already, but they're all (well, almost) to good teams. Their win over Connecticut is looking better and better after UConn beat Indiana. They might not have the star power they've had at times in the past, but this might be their deepest team in a while. 10 guys average at least 10 minutes per game.

VCU - They give up only 58.8 PPG, which is pretty good. Eric Maynor gained fame when he hit the game-winner in the Tourney against Duke, but he really is one of the best PGs in the country. His scoring is way up this year, he's still distributing the ball, and he's very good defensively. With Jamal Shuler as a second scoring option, VCU is just as good this year as they were last year.

Who do you think is the best Mid-Major? Right now, I lean toward Butler by a smidgen over Xavier. It'll be interesting to watch these teams the rest of the way to see who can make some noise come Tourney time.

SPANISH FOOTBALL - LA LIGA - ROUND 21 /2008 SATURDAY GAME

Just one match played tonight of Round 21 of "La Liga" with a toughaffair between SEVILLA FC & OSASUNA with the former winning 2-1 in the last minute.The 1º half was even with both sides wary of each other & went into the break without scoring.The 2º half saw both side going out with a different attitude & withvictory on their minds. The game was tough, so tough that the yellowcard was seen more

Florida Coastal Database of College Coaches Contracts

In December of 2006, I wrote a post titled, "Lawyers in Demand at University Athletic Departments?" At the 2006 Street & Smith's Intercollegiate Athletics Forum, NCAA president Myles Brand and other panelists were asked what they thought would be the most important story to follow in 2007, and they said "coaches' contracts". Brand added that "agents have the upper hand" now. In a separate interview, Brand also said the following: "Negotiations have become tougher, and there's a lot of competition for the best coaches. It might make sense for schools to have representation. They use outside counsel on other things."

As director of the Center for Law and Sports at Florida Coastal School of Law, I am pleased to announce the creation of the "Florida Coastal Database of College Coaches Contracts." The database houses detailed summaries of the pertinent provisions contained in the contract of each college coach within the "Big 6" conferences in football and the Big Ten, Big 12 and SEC conferences in men's basketball. The database contains a spreadsheet for each conference per sport, summarizing the material terms of each coach's contract at each school within the conference. Each spreadsheet contains separate tabs with specifics regarding term, base salary, bonuses, supplementary compensation, deferred compensation, guaranteed compensation, termination, liquidated damages/buyout and retirement.

We started the project in January of 2007, and it is an ongoing work in process in which we will be adding additional conferences as well as providing updates to accommodate new hires and contract extensions. I say "we" but I can't take any of the credit. This database is the culmination of the hard work of my student research assistants who are enrolled in our sports law certificate program. This project was created with two primary objectives: to provide students in the program with a valuable research and practical skills exercise, and to provide a resource for the collegiate athletic community. The spreadsheets are useful from the standpoint of providing an overview of various trends in the industry, as well as being able to compare and contrast at a glance the material terms of each coach's contract within each conference. The database will remain permanently linked on the blog under the heading, "Sports Law Resources".

RCD ESPANYOL & REAL MADRID TRANSFER TALKS 2008

RCD ESPANYOL see REAL MADRID forward ROBERTO SOLDADOas the ideal replacement for injuried forward & Spanish InternationalRAUL TAMUDO. Since Tamudo´s injury the club has dropped in effectiveness & goal slipping in the classification table, for this reason"Marca" publish that Espanyol will go all out in the negotiations.However, two hurdles Espanyol must overcome:1. Coach Schuster does not wish to

A Catholic Perspective on Rick Majerus

Rick Garnett at Notre Dame, who blogs at the Catholic-legal-theory site Mirror of Justice, offers some thoughts on the Majerus matter.

Two points on Rick's post. First, he wonders whether the reaction from SLU or much of the sports-media world would have been different if Majerus had "appeared at a Tom Tancredo rally and complained about immigration, or at a League of the South rally and complained about Emancipation." A similar point was raised in the Comments to my earlier post here. I agree with Rick that, unfortunately, the reaction probably would have been far less supportive of Majerus, especially among the professoriate. But that reflects what I view as a common problem of lack of consistent support for the idea of people speaking out where one disagrees with the ideas expressed.

Second, Rick suggests that Archbishop Burke missed an opportunity for a more constructive response that would have engaged Majerus, and all area Catholics, in a conversation about the dignity of life and the Catholic faith. Such a response might have played better, particularly given that Majerus' support for stem-cell research grows out of his having watched a close friend die of ALS. This was a chance to talk to the faithful (whom the archbishop is charged with pastoring) about this area of Catholic thought, rather than falling back on the blunderbuss weapon of stating that someone simply is wrong (in defiance of the basic tenets of Catholicism) and calling for sanctions against the speaker. Majerus has said that he would like to meet the Archbishop and discuss these issues, which might make for an interesting conversation.

VIDEO: 30 GREAT FOOTBALL/SOCCER GOALS

SFS has been surfing the Web & has come across this VIDEO from"Edum" who has put together 14.37 mins of the "30 Best Goals"according to his criteria, which is´nt bad at all. So I thought I´ll bangit on SFS for the readers as its full of Spanish & "La Liga" based players.You may notice a few goals missing, but hey, what the hell, they areall great. Enjoy!

The Substance of WVU v. Rodriguez

In an interview yesterday about West Virginia's suit against Rich Rodriguez, I made two points to a reporter (prior posts here and here). First, I think the case is going to end up back in state court--the university is an arm of the state and not subject to diversity jurisdiction in federal district court, not to mention the uncertainty about where Rodriguez was living on December 27. Second, I think this controversy could have significant future effects on the relationship between coaches and schools, the mobility of coaches, and the ability of schools to protect themselves from vagabond coaches.

Today's Charleston (W. Va.) Gazette prints in full a letter Rodriguez sent earlier this month to WVU Athletic Director Ed Pastilong (this is the letter that had as a return address Rodriguez's West Virginia residence and was used by the school as evidence that he remained a West Virginia citizen). The letter seems to hint at what Rodriguez's substantive case will be in the lawsuit and it includes the following:

On Page 6 of the lawsuit (Article 17) it mentions that the University and I mutually understood and agreed on all the terms, conditions and understandings either oral and or written. It also mentioned that any further modification or amendment was effective only if made in writing and signed by both parties. This is not true - several issues were promised and discussed and were oral agreements that I thought would be upheld. Verbal promises and statements made by Mike Garrison, Craig Walker and several Board of Governor members were a factor in my agreeing to sign the second amendment. They include:

a) Mike Garrison stated that he did not believe in buyouts and that if I wanted to leave that "the buyout would be reduced to 2 million or eliminated altogether". He knew I did not want to sign it with the large buyout but assured me that as soon as he took office he would address it. I told him the four million buyout was unfair and Garrison agreed but said the Board of Governors would not change it at the time due to publicity concerns (the University leaked the term sheet information to the press in violation of the Agreement. I was also misled when I was told when I originally agreed to sign the term sheet in December that the boosters who paid my salary "insisted" that I have the four million dollar buyout clause. I have found out that this was not true.)

b) I told Garrison that I knew everyone was under pressure to get me to sign the contract (I was getting calls by Board Members, the President and the Governor.) I told him I was not comfortable signing it with the buyout clause and other issues but Garrison said it would be a personal favor for him and several Board Members and said I needed to do it to help Garrison's start as the new President.

In other words, Rodriguez is arguing that he does not owe $ 4 million; he owes at most $ 2 million or maybe nothing at all, because university officials orally agreed to waive the clause, although it remained in the agreement. Now, it was been almost 15 years since I dealt with contract law (back when I was slogging through Contracts as a 1L). But am I completely off in remembering that a basic doctrine of contract law prohibits a party from arguing in court that an oral agreement altered or overrode a contract term--that the terms of the contract control over any oral representations to the contrary, unless the contract allows for oral amendment? Can anyone educate me on this part of contract law?

Clearly, those facts could set up an issue of fraudulent inducement, either as an affirmative defense or counterclaim. But can he defeat the university's basic breach of contract claim in this way?

INIESTA EXTENDS CONTRACT WITH FC BARCELONA UNTIL 2014

The 23 year old FC BARCELONA & Spanish International midfielderANDRES INIESTA ( below with Barça President Laporta) is a veryfine player, SFS would add, a real gem. Fc Barcelona know this & wishto secure their treasure for themselves & from other clubs.Today Barça & Iniesta extended their contract until 2014, with theplayer bettering his salary & the club increasing his release clausefrom 60M€ to

Agent-Author Ron Shapiro at Toledo Law on Monday

For anyone within driving distance, I'll be introducing famed Baltimore baseball agent and author Ron Shapiro on Monday, January 28 (at 11:55 am) at a public event at the University of Toledo College of Law. Known for his books and instruction on negotiation ( The Power of Nice: How to Negotiate So Everyone Wins, Especially You; Bullies, Tyrants & Impossible People: How to Beat them Without Joining Them, and Dare to Prepare: How to Win Before You Begin), Shapiro has represented the likes of Kirby Puckett, Eddie Murray, Cal Ripken, Jim Palmer, and Brooks Robinson. This promises to be a fun and informative event, which you can read more about here.

Baseball Salary Arbitration

I am pleased to have the opportunity to share with Sports Law Blog readers some of my insights and research concerning baseball salary arbitration. Going back to my time teaching a seminar on the regulation of the sports and entertainment industries at Loyola New Orleans in the 1990's, I have been interested in the arbitration process. In particular, I was interested in researching the decisions of individual arbitrators to determine their team-player record. It was oft asserted that in order to remain an arbitrator you needed to maintain a roughly 50-50 decision percentage. I have been able to locate arbitrator information back to 1984 through research in newspaper articles on Westlaw and LexisNexis. My interest in the process began to expand beyond that particular point. Over the past five years and with the help of numerous research assistants, we have researched all 3,000-plus players who have filed for arbitration since 1974. Over the next month, I hope to post comments about the 2008 process.

This year, 110 players filled for arbitration by the Tuesday, January 15 deadline. By the Friday, January 18 deadline for exchanging numbers, only 48 players remained unsigned.

One of the most intriguing stories of the this year involves the Phillies and Ryan Howard. The Phillies enjoy a 7-0 won-loss record over their players since the beginning of salary arbitration in 1994. The Rays are the only other team without a loss to a player. They have gone to 3 hearings. By the way, the Phillies unbeaten streak breaks down as follows: Willie Banks (1996), Kevin Gross (1987), Alan Knicely (1986), Jerry Koosman (1985), Travis Lee (2001), Dale Sveum (1992), and Dickie Thon (1991).

Howard requested $10 million and the Phillies countered with $7 million. The gap is $3 million with a midpoint of $8.5 million. Although Howard did not match his offensive production during his 2006 MVP season, he will substantially increase the $900,000 that he received last year. That deal was the largest for a player with less than two years of service time. Howard is eligible for arbitration as a Super 2 player. Phillies General Manager Pat Gillick and Assistant General Manager Ruben Amaro, Jr. are in discussions with Howard’s agent Casey Close. Could the result here be a long term contract?

The Phillies had six players who were arbitration-eligible this year. The only other player that they exchanged numbers with is Eric Bruntlett. Bruntlett wants $800,000 while Philadelphia offered $550,000. The midpoint is $675,000. Prior to the exchange of numbers the Phillies reached agreements with Brad Lidge ($6.35 million), Ryan Madson ($1.4 million), Chris Snelling ($450,000), and Jayson Werth ($1.7 million).

LYON OFFER 15M€ FOR RACING PLAYER GARAY

RACING DE SANTANDER 21 year old Argentine forwardEZEQUIEL GARAY ( pictured) is a very fine Football player, &half of Europe knows it. So much so, the French team LYON has put on the table 15M€ in order to convience the Spanish club to let to young player fly over to France.English Premier League club, TOTTENHAM HOTSPUR, triedearlier with a 10M€ offer that was rejected & Real Madrid wasin there

HANDBALL: SPAIN CRASHES IN THE 2008 EUROPEANS

From glory to disaster, thats the Spanish National Handball teamsCurriculum for the European Handball Championships. Theiroverall finishing position is Nº9 & have to play again in upcomingtournaments to see if they can get to the Pekin 2008 Olympics via the "back door".The only reason SFS finds at this moment is the unlucky run withinjuries of "key" players & the changing of the "glorious" old

FORMULA 1: LEWIS HAMILTON STILL SLEEPS WITH ALONSO

Translated literally the headline from Spanish daily "Marca" thewords from Formula 1 driver Lewis Hamilton: "Alonso tought mewhat I should never do". Interesting effort to reach new heightsof thought from a driver who has not won absolutely nothing to brag about & lost last years Formula 1 Championship to inexperience& over confidence. But hey! were all human, right,... right !Mr. Lewis, a true

Kevin Love = Player of the Year Candidate?

26 points and 18 rebounds on the road in his homecoming game against Oregon. Bruins win 80-75 in a very difficult environment in Eugene.

In addition to the great rebounding numbers (sidenote: Is there anyone that is consistently in better position than Kevin Love? I'm not so sure there is) and low-post scoring, he is also becoming a very good FT shooter and a threat outside. He was 2/2 from downtown tonight, included one contested 3-point shot. He is now shooting over 40% from beyond the arc. If that shot continues to fall consistently, he just becomes even more dangerous.

At this point it appears Kevin Love is the best player in the Pac-10, and he may be joining guys like Tyler Hansbrough, Michael Beasley, and Eric Gordon in the race for the National Player of the Year.

SPANISH CUP Q/FINALS 2008 - 1º LEG THURSDAY GAMES

The last two 1º leg SPANISH CUP Q/Final games were played tonightwith the following results & scorers.RACING DE SANTANDER are half way already to the semis after defeating ATHLETIC DE BILBAO 2-0 at home. The local heroes were TCHITE who scored in the 74th min & four minutes laterthe Polish "wonder" SMOLAREKFC BARCELONA survived & are nicely set up for the 2º leg after drawing 0-0 with VILLAREAL.

More on Rick Majerus

The story, first mentioned here, of Saint Louis University Men's Basketball Coach Rick Majerus' comments at a Hillary Clinton rally supporting reproductive choice and stem-cell research, and the calls by St. Louis Archbishop Raymond Burke for university sanctions against Majerus, is becoming a national controversy. Majerus today defends himself in a very thoughtful interview with Bernie Miklasz, a sports columnist from the St. Louis Post-Dispatch, that is worth reading. He obviously has spent some time considering and forming his views and beliefs about these issues, about his right or duty to speak about them, and about what his Jesuit education (Majerus graduated from Marquette) teaches him about forming ideas and speaking out.

I am spending a very enjoyable year as a visiting faculty member at SLU's School of Law this year. So I wanted to weigh in on a couple of points.

First, the Archbishop's call for Majerus to be sanctioned makes for great rhetoric, but is not going to happen. And it has nothing to do with the control the Catholic Church does or does not wield over the university. Rather, I doubt the faculty would stand for the university sanctioning a member of the university community for engaging in political speech. If Majerus can be sanctioned, so could any untenured faculty member be sanctioned for her scholarhsip or blogging or public comments. I get the sense that SLU's president, Father Matthew Biondi (whom I never have met), recognizes this unique and important element of being a university and, in particular, being a Jesuit university, with its tradition of open thought. So while Archbishop Burke is right that the school, as a private institution, could sanction Majerus for his speech, my guess is the school, as a university, would not seriously think about it.

I remember having a conversation with a dean at a different Jesuit law school, who assured me that, being a Jesuit institution, there would be full freedom to think and write as we will. My laughing response was that any other possibility never entered my mind. In fact, I said I might be more concerned being on a public-school faculty in some states.

Second, I would highlight the following exchange:

I asked Majerus if speaking out on controversial matters is the proper thing to do for a basketball coach.

"The wisest thing probably is not to be involved in any of this," he said. "But I feel like, in my heart of hearts, that I should talk about what I believe in.

"A lot of people like the safe harbor. And perhaps my comments will hurt my recruiting efforts, or damage the relationship I have with our (basketball) supporters. I hope not. But I can't divorce what I believe from who I am."

Bravo to Majerus; great answer. But the exchange highlights a few concerns.

One, I am troubled that the question was asked because it is inconsistent with our demands elsewhere that athletes (and sports figures generally) speak out. In deciding to speak out, he ran the risk that his comments will offend some listeners and, perhaps, someone will not want to support the Billikens anymore (a point he addresses in the inteview). But to suggest that speaking out on controversial matters (since everything worth talking about is controversial) is not the "proper thing" seems hypocritical in light of our insistence that athletes should speak out and take public stands.

Two, would we ever ask a plumber or a bank teller or a doctor or a stay-at-home mother whether it was proper for her to speak out on controversial matters? If not, then how could it be for a basketball coach? Don't they all share equally the right and opportunity to take part in the public debate? Is it because of his fame, which gives his comments an audience the bank teller does not enjoy? But it would be ironic, to say, the least, if our rule was that the more power or influence one's words can have (because of the fame or wealth or power the speaker has accumulated), the less one should speak. It is fair for one to say "Majerus [or any other sports figure] doesn't know what he's talking about, he's just a baskteball coach"--although I think that response is wrong as to Majerus. But suggesting that what he said was wrong is much different from suggesting that he was wrong to say something at all.

Update: Thursday, 10:00 p.m. C.S.T.:

Great profile by Pat Forde on ESPN about Majerus as a person and why his speaking out, and sticking to his guns, is so in character for him.

Look out for Baylor

OK, Baylor is probably going to get a lot more publicity now after their epic game against Texas A&M, but in truth, they probably should have been talked about a lot more even before this game. Because going into College Station and beating the Aggies is not a fluke.

They've been building towards this season ever since Scott Drew was signed, and now they have a team that is obviously capable of making the Big Dance, and potentially even making a little bit of noise once they get there. They're talented, and they have the personnel to cause a whole lot of matchup problems.

Everything starts with their guards, and they have about as much talent and depth there as anyone in the country. Their leader and leading scorer is Curtis Jerrells, who puts in 13 PPG. The junior is one of 5 Baylor players averaging in double figures. He doesn't get to the FT line a ton (this game against A&M notwithstanding), but he has the quickness to get to the rim, and he's also a very solid shooter from outside.

Baylor's most talented player is LaceDarius Dunn, a top 25 recruit who has become a huge contributor as a freshman. In only a shade over 20 minutes per game he is putting up 12.3 PPG and 4.1 RPG. As he continues to develop and get more minutes that is only going to make Baylor that much better.

Guards Aaron Bruce, Henry Dugat, and Tweety Carter are also big contributors, scoring 10.8, 12.1, and 9.2 PPG respectively.

Up front, they have some troubles. Junior Kevin Rogers puts up solid numbers (11.9 PPG, 6.8 RPG), but there's not a whole lot of production anywhere else. No other traditional frontcourt player scores even 5 points per game or grabs 5 rebounds per game.

Baylor is a team that could make a lot of noise come March and surprise some people with their personnel and style of play. They have loads of talented guards which can cause matchup problems with a lot of teams. It's because of their guards that they are now 16-2 (4-0 in the Big 12) and a team to watch the rest of the way. The win over A&M is nice but there should be a lot more where that came from this year.

Proposed Three-Prong Anti-Steriod Strategy for Baseball

University of Chicago economist Steven D. Levitt has a good post over on Freakonomics that discusses a plan by Aaron Zelinsky (who last week on our blog wrote a guest piece on steroids in baseball) for a three-prong anti-steroid strategy for Major League Baseball.

Here is an excerpt from Professor Levitt's post discussing Aaron's idea;

Aaron Zelinsky, a student at Yale Law School, recently proposed an interesting three-prong anti-steroid strategy for Major League Baseball:

1) An independent laboratory stores urine and blood samples for all players, and tests these blood samples 10 years, 20 years, and 30 years later using the most up-to-date technology available.

2) Player salaries are paid over a 30-year interval.

3) A player’s remaining salary would be voided entirely if a drug test ever came back positive.

I’m not sure about points 2 and 3, but there is no question that point 1 is essential to any serious attempt to combat the use of illegal performance enhancers. The state-of-the-art in performance enhancement is the best set of techniques that cannot be detected using current technology. So, by definition, the most sophisticated dopers will evade detection, unless they are unlucky or make a mistake.

For the rest of the post, click here.

SPANISH CUP - 1º LEG Q/FINALS 2008

Two games played tonight of the SPANISH CUP 1º leg Q/Finalswith the other two scheduled for tomorrow.GETAFE let off the hook MALLORCA with 1-0 victory after dominantinga non-existent visiting side from start to finish. Said in other words, Getafecould not finish the "killing" of its opponent that now has the chance to turn the table in the 2º leg clash.The score for Getafe was DE LA RED ( above).

VILLAREAL TRANSFER NEWS 2008: SIGNS MARCO RUBEN FROM RIVER

News out from Argentina media & published in "Marca" confirmthe VILLAREAL has signed 21 year old Argentine & RIVER PLATEforward MARCO RUBEN ( below).The media speculate that the deal cost 7M€ & River will get 15% of future transfer fees. Lets welcome the player over to "La Liga" & wish him luck.

Sports Mixing With Religion and Politics: Majerus, Abortion, Basketball Arenas, and Tax Abatements

This morning at the March of Life in Washington, D.C., St. Louis Archbishop Raymond Burke criticized Majerus' support of Hillary Clinton, publicly stating that he supports stem cell research and abortion rights (Majerus was interviewed by KMOV Channel 4 in St. Louis on Saturday night). Burke's issue is that Majerus, a practicing Roman Catholic, is the head men's basketball coach at a Jesuit, Catholic University (St. Louis University), and as such, should be disciplined. Burke's comments follow:

"It's not possible to be a Catholic, and hold those positions. When you take a position in a Catholic university, you don't have to embrace everything the Catholic church teaches, but you can't make statements which call into question the identity and mission of the Catholic Church."

Jeff Fowler, spokesman for SLU, responded that Majerus made his comments based on his own personal beliefs, and not as a representative of SLU, seeming to indicate that SLU will not take any action.

Keep in mind that SLU is a Jesuit University run by the Society of Jesus (like all Loyola's, Boston College, Georgetown, etc.), separately autonomous, and legally chartered with its own Board of Trustees.

Some of you may recall that opponents of the SLU Billikens receiving public financing for the new Chaifetz Arena lost in a case that made it up to the Missouri Supreme Court (St. Louis Univ. v. Masonic Temple Ass'n of St. Louis, 220 S.W.3d 721 (Mo. 2007)).

SLU sought Tax Increment Financing (TIF) from the State to support urban renewal in blighted areas through tax abatements. The Masonic Temple Association of St. Louis sought to have the ordinances introducing these abatements declared unconstitutional in Federal court (later dismissed upon defendants' motion), thereafter, SLU sought declaratory relief in State court upholding the ordinances.

Masonic first argued that the ordinances violated Missouri's Establishment Clause as the abatements would be impermissible financial aid to a university under the control of a "religious doctrine or creed." Id. at 726. The Court (internal citations omitted) found that just because a school was affiliated with the Jesuits or the Roman Catholic Church, did not make the same a religious institution. Further, simple affiliation with a religion does not equal control by a religious creed for purposes of Missouri's establishment clause. Id. at 727. SLU has a Jesuit president, but he serves at the pleasure of a lay board, and SLU's bylaws displayed an aspiration to ideals, not an adherence to a creed. Id. at 727-28. As such, the Court found that SLU was not controlled by a religious doctrine or creed, and further added that the purpose of the funds was to redevelop a blighted area, not advance religion. Id.

And as a result...we get to see the offensive juggernaut that is the Billikens in their new digs!

Hat tip: Deirdre Shesgreen and Tom Timmerman of the St. Louis Post-Dispatch for Majerus comments and backlash.

REAL MADRID PLAYERS MAKE THE BULK OF THE IDEAL TEAM FOR DECEMBER 2007

The "European Sports Magazines" have published their ideal 11 players for the month of December 2007, with REAL MADRIDmembers dominanting the final accumalative ideal team. Apartfrom Real Madrid members, 2º other Spaniards are also includedgiving the final list a Spanish favour.The list of the ideal 11 team for December according to the "EuropeanSports Magazines" are:Casillas (Real Madrid); Ramos

More on WVU v. Rodriguez

Last week I talked about West Virginia University's lawsuit against former football coach Rich Rodriguez. Rodriguez removed the case to federal court based on diversity-of-citizenship jurisdiction, arguing that he became a citizen of Michigan prior to the filing of the lawsuit on December 27.

Last Friday, WVU filed a motion to remand to state court. It hit both of the points I discussed in the earlier post. First, the university is an arm of the State of West Virginia and not a citizen of West Virginia for diversity purposes. Second, Rodriguez was a West Virginia citizen on December 27. WVU points to four facts: a) Rodriguez had lived in West Virginia for a number of years prior to the lawsuit; b) Rodriguez and his family still live in their West Virginia residence (the place where Rodriguez was served with process); c) Rodriguez's children continue to attend school in West Virginia; and d) on January 10 (two weeks after the lawsuit was filed), Rodriguez sent a piece of correspondence listing his West Virginia residence as return address.

WVU also amended its complaint to add a claim for breach of contract. The first payment on the buyout clause apparently was due last Friday and was not paid.

REAL MADRID NEWS 2008: SIGNNINGS - BAD MANAGEMENT OR JUST INJURIES AND BAD LUCK?

Interesting piece in "Marca" commenting on the list of injuriesthat REAL MADRID is experiencing from its new signnings thisyear. As we can see below (Robben; Saviola; Pepe; Heinze;Metzelder & Sneijder), between all these new faces for this seasonthey have missed 64 games.Lots of cash invested for so little return!The most absent is Robben with 12 games, followed by Metzelde &Heinze, which leads

MOTOGP AND FORMULA 1: SPANIARDS WORKING HARD

For all our motor readers at SFS here is a brief post to let you knowthat both MotoGp & Formula 1 are already hard at work along with the corresponding Spanish Sportsmen in each area.MotoGp is doing their thing - testing & fine tuning - at Sepang(Malaysia) with the only bad news being that DANI PEDROSA (above)fell in a spectacular fashion & injuried his hand. A serious reverseso early that we

ATLETICO DE MADRID SEE THIAGO AS A 2008 WINTER MARKET OPTION

News from "AS" tell us that ATLETICO DE MADRID will nowscan the "Winter Market" for a midfielder after their loss lastSunday in the "derby" against Real Madrid.The directives see the midfield as a weak spot after Simao was injuried in the match & had no real substitution, the departure of Maniche & the less than expected performance from Reyes.The prefiered player is JUVENTUS Portugues

NCAA Basketball Most Underrated Players

We know all about the guys that get the publicity... but now time to take a look at what I think are some of the more underrated players today.

Patrick Mills (St. Mary's) - The freshman in Australia is one of the big reasons why St. Mary's is posing the biggest threat that Gonzaga has had in the WCC in years. He is a huge part of the offense, leading the team in minutes played, points, and assists. He scored 37 points in his 4th career game (a win over Oregon), and has been an excellent player ever since.

James Harden (Arizona St.) - There's a lot of talk about the freshmen in the country, and especially in the Pac-10, but not all that much about James Harden. He has been a large part of the turnaround of Herb Sendek's club from last year. With a 4-1 conference record, the Sun Devils are currently tied for the Pac-l0 lead. Harden is leading the way with 18.6 PPG and 5.3 RPG. He was a big prospect coming out of high school, but he has surpassed expectations a little bit. He has helped change the Arizona St. program around.

Raymar Morgan (Michigan St.) - When people think of Michigan St., they think of Drew Neitzel. However, in my opinion, Morgan is the most valuable Spartan player and probably one of the top 3 players in the Big 10 (tough to argue against the 2 Hoosiers right now). He averages over 16 points and 6 rebounds per game, and is a good enough passer and ballhandler that they can run a lot of things through him. He takes some pressure off of the young Spartan guards.

Trent Plaisted (BYU) - If you do know Plaisted, it's probably because of the way he seemed to get the better of Tyler Hansbrough during their game back in November. That was not exactly a fluke. Plaisted is a pretty athletic big man that can finish around the basket, play solid defense down low, and is a good rebounder. I think we'll be seeing him at the next level.

Damion James (Texas) - Everyone talks about DJ Augustin and AJ Abrams, but check out the numbers for Damion James. He's like a poor man's Charles Barkley. He's only 6'6 or 6'7, but he averages an impressive 10.9 RPG. He also contributes offensively with over 14 PPG, scoring in a variety of ways (he is even 14/25 from the 3-point line). He has double-doubles in 9 of his last 12 games.

JaMont Gordon (Mississippi St.) - He might be the best player in the SEC, but nobody sees him because he plays for Mississippi St. He does it all for the Bulldogs, scoring nearly 18 points per contest, grabbing 6.6 rebounds, and doling out 4.3 assists per game. He is one of the best all-around players in the country.

Your thoughts? Do you agree with my selections? Who else do you feel is underrated in college basketball today?

VALENCIA CF NEWS 2008: MADURO PRESENTED

The 22 year old Dutch International & ex-AJAX OF AMSTERDAMmidfielder HEDWIGES MADURO was officially presented today asa new player & signning for VALENCIA CF.Maduro will wear the number 3º dorsal & has signned for a rumoured2M€ & for the next 4º seasons. A lot will be asked of the younger asmany place their hopes on him to fill the gap left behind by "parted"ex-Captain Albelda & contribute to

ESPN Relies (in part) on CDM Fantasy League Case to Renegotiate Licensing Fees

In today's edition of Street & Smith's SportsBusiness Journal (subscription required), John Ourand and Eric Fisher report that ESPN is renegotiating its digital rights deal with MLB Advanced Media, looking to pay a significantly lower fee after finding several pieces of the original agreement it signed in 2005 no longer cost effective ("ESPN Seeks Better MLBAM Terms"). According to the authors, ESPN is exercising an out-clause three years into the seven-year agreement worth $20 million a year that provided ESPN with numerous digital and fantasy rights.

Ourand and Fisher noted:

ESPN’s push to restructure the deal comes less than two months after MLBAM’s latest court defeat in the CDM Fantasy Sports case at the federal appeals court level. ESPN thinks the court’s decision means that it was paying a license fee for fantasy rights that others, such as CDM, were getting free. It’s unknown if others who are paying for fantasy rights, such as Yahoo!, Fox and CBS Sports, have the same opt-out rights as ESPN.

The day after the Eighth Circuit's decision was rendered, I discussed why the court's "public domain" standard is simply not a practical standard to use in balancing the First Amendment with the right of publicity. Nevertheless, this is the first instance that I am aware of in which a fantasy league operator (other than CDM) has relied on the Eighth Circuit's ruling to justify its refusal to pay a licensing fee for fantasy rights. Keep in mind that this is just one federal circuit court's opinion on the issue, and the decision adds even more confusion to right of publicity law than already existed.

VIDEO HIGHLIGHT OF ATLETICO DE MADRID 0 - REAL MADRID 2 - ROUND 20 /2008

Here is the VIDEO of yestedays match between Atletico de Madrid& Real Madrid which finished in the latter winning o-2. A difficultvideo to find as it has been "banned" in most of the common videosites. Enjoy!

SPANISH FOOTBALL HUMOUR

Here is a cartoon from "Mundo Deportivo" humour section, "Pelotazos"by KAP. Its from a FC Barcelona point of view & it goes to say "... Gee,can´t get them off my back" from Real Madrid coach Schuster.The shadow is Rijkaard & makes reference to Barça´s win & that theymaintain temselves 7º points behind leaders Real Madrid.

SPANISH FOOTBALL - LA LIGA - ROUND 20/ 2008 RESULTS

Plenty of action , goals & controversy in Round 20 of "La Liga".SFS gives its usual summary of all the results, scorers & images, plus includes two VIDEO´s of the games played yesterday byGetafe - Sevilla Fc & Villareal - Valencia.ATLETICO DE MADRID lost the "derby" 0 - 2 to REAL MADRID in the first seconds of the game & to the great goalkeeping of CASILLAS,a penalty not given & the posts. This

Attorneys for Gabbibo Respond

Last month, I blogged about an unsuccessful lawsuit brought by Western University University in an Italian court against Mediaset, an Italian company, 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, and which is depicted to the left. The short post excerpted a post by CNBC's Darren Rovell, which provided a preliminary description of why Western Kentucky lost the lawsuit.

Italian attorneys for Gabibbo's creators read my post and wrote me a letter. The letter goes into depth about the legal issues involved in the case, from the perspective, of course, of those representing Gabibbo. Below are the relevant portions of their letter, as well as the 8 images contained in the letter (the first set of four images are of Gabibbo, the second set displays images of four characters who are arguably similar to both Big Red and Gabibbo).

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[On December 11, 2007, the Judge of the Court of Ravenna, division of Lugo] ruled that both the Big Red (whose relevant exploitation rights within the European territory has been licensed, on a non-exclusive base, from company CEI to company Adfra together with the rights of other 56 American universities' mascots for the lump sum of US$ 7,500!) and Gabibbo may be protected by the law on copyright with regard to and within the limits of their personal features being much different the one from the other: sport mascot the former, TV character the latter (“a very weak personality the former, a stronger one the latter”).

The esthetic forms have been accurately assessed, following a long and sophisticated investigation, recognizing relevant differences described in the decision.

From such investigation, it appeared that the graphic image of the Big Red does not show the minimum creativity required in order to protect it and that its external form recalls the graphic idea of puppets already well known in the cartoon world (Barbapapa, both morphological and conceptual identity ten year younger than the American mascot; Elmo, Gossamer, Jelly Belly, in addition to all “blobs” we deem useless to mention, without assuming any original feature.

Plagiarism has therefore been excluded, recognizing that the only element of contact between the two characters may be identified in their “external form” which, in any case, as above reported, has no “identifying feature” and is, on the contrary “repeating an already known idea”.

These are the true facts. Incredibly, the news – not yet confirmed – are circulating about a possible “appeal” against this decision. RTI, Striscia la Notizia and Gabibbo have nothing to fear from a possible appeal, as they have always been sure about the positive issue of the first grade. Of course, we do hope that after a deep reassessment of the issue ADFRA, WKU and CEI renounce to initiate again a risky and groundless lawsuit bereft of any reasons at least in fact and in law.

Stefano Longhini, barrister
Direzione Affari Legali
Reti Televisiva Italiana SpA

Playing for the Coach or Playing for the School? A Modest Proposal

While I recognize that college sports are a corrupt and unfair sewer in many ways, I never have been on the bandwagon for radical changes such as paying players. But I would support the proposal that NPR's Frank Deford makes in this NPR commentary arguing that student-athletes should be able to transfer freely, without having to sit out a year, if the coach who recruited them leaves mid-contract to go to another school or to coach in the pros. (H/T: Civil Procedure Prof Blog, which linked to my post about the Rich Rodriguez lawsuit).

The argument against Deford's proposal--the player came to play for the school, not the coach--is verifiably false for the majority of athletes. The player is not ordinarily attracted by what the University of Florida has to offer as an institution of higher learning as compared to Florida State University or the University of Georgia. Players are lured by "the program." And that is inseparable from the player's personal feeling/rapport with the coach who recruits him. That is the person with whom is going to work closely for four years--more closely than anyone else he will encounter at the university. So you cannot really separate the coach from the school with respect to the player's choice.

And this is not without academic parallels, even for undergraduates. One of my dormmates freshman year was a music major (I think she was a cellist) who came to Northwestern specifically because of one particular faculty member. If that faculty member left, this student would have the option of transferring and might well do so. Although she chose to attend the institution of Northwestern, this prof was part of that institution; without him, this may no longer be the best place for her.

Now, the devil with Deford's proposal is in the details. For example, it is not clear why the coach leaving for another school is distinct (from the player's standpoint) from the coach being fired or the coach retiring. In all cases, the coach for whom he came to play no longer is there--and neither is a major reason he chose to attend this school. But to allow players to leave freely whenever there is a coaching change potentially creates too much instability and uncertainty for schools (schools, after all, invest resources in student-athletes in a way they do not invest them in my cello player). Of course, the option to transfer always is present and a new coach has to "sell" the inherited players. But that is easier to do if the player knows that transferring means sitting out a year.

But this is an interesting starting point.

Not Exactly Nostradamus

In December 2006, I predicted in this space that George W. Bush would be the next commissioner of baseball. Bud Selig had just signed a new contract but basically had promised to step down in 2009--right about when W would be out of his current job.

So much for accuracy. On Thursday, MLB owners extended Selig's contract another three years, until 2012. Bruce Reed at Slate says this development means Bush "just lost the job he has always wanted much more than the one he's in." Reed adds two considerations to the mix.

First, he relays a comment from 2000 by Doug Hannah, one of Bush's childhood friends, that Bush ran for president (the quotation was in a Vanity Fair article during the GOP primary) as a resume enhancer and that Bush really wanted (and still wants, perhaps?) to be commissioner.

Second, Reed suggests it is remotely possible that Selig and the owners do want Bush, but believe he would be too toxic to hire in 2009. The extra three years allows for a cooling off and makes for an easier transition.

Aaron Zelinsky's "Three Strikes for the National Labor Relations Act"

We received an excellent submission from Aaron Zelinsky, a 1L at Yale Law School, concerning the National Labor Relations Act and the steroids scandal in baseball. Without further adieu . . .

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Three Strikes for the National Labor Relations Act

It’s baseball season again in Washington. Representative Henry Waxman is calling everyone from Roger Clemens to Bud Selig to testify about performance enhancing substances in Major League Baseball. For all the hype, these hearings are less likely to curb steroid use than the Nationals are to win the pennant. If Waxman is serious about combating performance enhancing substances in professional sports, he should propose modifying the National Labor Relations Act (NLRA) to allow the Commissioners of the major leagues to impose unilaterally performance enhancing substances testing. Overseers already have this power in the minor leagues and the Olympics. The pros should be no different.

Senator Mitchell’s report on performance enhancing substances in baseball suggests improvements for baseball’s testing policy. In particular, Mitchell calls for increased transparency of the testing process, independence for testing authorities, and greater frequency of unannounced testing, particularly in the off season.

The NLRA effectively blocks the adoption of Mitchell’s suggestions by making drug testing of employees a mandatory subject of collective bargaining. This means that the Players Association must agree to any change in testing. Needless to say, the foxes rarely seek stronger protection of the henhouse. In Mitchell’s words, the Players Association has historically “opposed mandatory random drug testing.”

Moreover, the policy behind the NLRA does not apply to pro sports. The general counsel of the National Labor Relations Board declared that “a drug test is designed to determine whether an employee or applicant uses drugs, irrespective of whether such usage interferes with ability to perform work.” Since, for many workers, drug use is unrelated to job performance, their unions have a legitimate interest in protecting their privacy rights. Such a rationale does not apply to baseball. Performance enhancing substances fundamentally undermine the players’ ability to perform their work; being clean is an intrinsic part of their job.

Congress should, therefore, modify the NLRA to allow the major league commissioners to impose unilaterally performance enhancing substance testing. Both the Olympics and minor leagues allow their overseers similar power. The mere presence of a union should not insulate the pros from such testing.

Modifying the NLRA is neither difficult nor unprecedented. The Omnibus Transportation Employee Testing Act of 1991 mandates that over 12 million employees in the transportation industry undergo random drug and alcohol testing.

Like workers in the transportation industry, the use of drugs in pro sports poses a public safety risk. Young athletes watch and emulate the pros. The National Institute on Drug Abuse estimates that hundreds of thousands of high school athletes currently use steroids each year. After Mark McGuire went public about his use of androstenedione, andro use in high school student increased tenfold the following year. Performance enhancing substances in pro sports pose a public health hazard that deserves congressional attention.

Some may argue that the commissioners will abuse their power to impose testing for performance enhancing substances. However, there is no evidence of abuse in the Olympics, minor leagues, or amateur sports where overseers have imposed testing unilaterally.

As any good ballplayer knows, the only important pitches are those ahead. Instead of focusing on the steroid use of the past, Representative Waxman should concentrate on the testing program of the future. Bud Selig should have the same ability to impose testing on the pros as he does in the minor leagues. David Stern should be able to test basketball players just as the IOC tests them. Congress should modify the NLRA to remove drug testing as a mandatory subject of collective bargaining and allow the commissioners to clean up their sports.

Aaron Zelinsky is a first year student at the Yale Law School. He can be reached at aaron.zelinsky[at]gmail.com

Golf Week and the Noose: Context Matters

Dre Cummings discusses the new wrinkle in the Kelly Tilghman/Lynching controversy--the Golf Week magazine cover featuring a photograph of a noose and the headline "Caught in a Noose." Dre asks whether this "represent[s] a collosal lapse in judgment on the part of Golfweek editor Dave Seanor or is this a merely a nefarious attempt to grab attention . . ."

Let me propose a third choice: This was a legitimate and effective visual representation (after all, one picture is worth 1000 words) of the essence of a genuine public controversy that Golf Week was obligated (given its editorial focus) to cover. That noose is at the heart of the concept of lynching. Indeed, I would speculate that Kelly Tilghman forgot how central the noose is to the concept when she used the word as carelessly as she did. If we are going to have a public debate about what Tilghman did wrong in using that word (which we have had and must have, in arguing for her punishment), then the noose is and should be a part of that discussion--both verbally and visually.

As for PGA Tour Commissioner Tim Finchman's outrage, I think his agenda is revealed by a different part of the quotation in The Times, where he decries Golf Week "keep[ing] alive an incident that was heading to an appropriate conclusion." In other words, the PGA is outraged because it wants this to go away and does not want to talk about it anymore. But Golf Week (or any other magazine) has an obligation to talk about matters of public concern. And certainly, given the involvement of Al Sharpton and many others, this was a matter of public concern.

I title this post "Context Matters" because it does. A swinging noose, in one context, may reflect a true threat and should be punished. A photo of a noose in the context of a journalistic, political, or academic discussion of lynching (and thus the noose) is very different. Otherwise, I cannot include a photo of a burning cross in a historical account of the Klan or of the Supreme Court's decision in the first cross-burning case or a photo of a swastika or the entrance to Auschwitz in a story about Holocaust denial.

Update: Friday, 1:30 p.m. C.S.T.:

As Rick notes in the Comments, the magazine fired its editor today. Story here.

SPANISH FOOTBALL "WINTER MARKET TRANSFER 2008" GOSSIP

According to English paper "The Daily Mail" , TOTTENHAMHOTSPURS maybe looking at SEVILLA FC Russian Internationalforward ALEXANDRE KERZHAKOV as a signning. If so, itsobvious that Tottenham coach Juende has given his OK, as hebrought the Russian over to Sevilla.VILLAREAL & VALENCIA CF are "fighting" between them to secure the services of MONACO Argentine International & ex-ROMA player LEANDRO

VALENCIA CF NEWS 2008: HEDWIGER MADURO NEW SIGNNING

The 22 year old AJAX OF AMSTERDAM versatile midfielderHEDWIGER MADURO ( pictured) will be the player to fill themidfield position left open by "parted" player David Albelda.According to loacl daily, "AS", Maduro will be in Valencia today forthe medical check & would sign for 2M€ with VALENCIA CF ifgiven the green light. He joins another young signning Argentine 19year old Ever Benagas, as the

golfweek magazine and judgment

As the Kelly Tilghman maelstrom had begun to abate in connection with her Tiger Woods "lynch him in a back alley" blunder, Golfweek has just published the image of a noose in connection to Tilghman's ignorant commentary in this weeks edition of its magazine.



Does this represent a collosal lapse in judgment on the part of Golfweek editor Dave Seanor or is this a merely a nefarious attempt to grab attention for a weekly mag that distributes approximately 160,000 copies per, mostly to subscribers? The cover page reads: "Caught In A Noose: Tilghman Slips Up, and Golf Channel Can't Wriggle Free."

PGA Tour commissioner Tim Finchem weighed in with a statement in the New York Times decrying the imagery of a "swinging noose" as "outrageous and irresponsible." Seanor defends the cover as not intending to be “'racially provocative,' but to illustrate a noose tightening around Tilghman, the Golf Channel and golf."

Last week, vigorous debate was heard on this blog and around the country in connection with the imagery and psychology of "lynching" and "the noose" in the United States, particularly in connection with the historically racialized practice of lynching African American citizens, mostly in the South, in our nation's fairly recent past. National attention has been shined on the incident by Reverend Al Sharpton and the Golf Channel's highly publicized suspension of Tilghman resulting in both platitudes and harsh criticism. Few images in the U.S. are more insulting or racially charged than the noose.

BOJAN KRKIC AWAITS TO SEE IF HE GETS THE CALL UP FOR THE SPANISH SQUAD

Young FC BARCELONA forward & promising star BOJAN KRKIC may find a pleasant surprise when National coach Aragones announceshis list of players to represent SPAIN against FRANCE in the upcomingInternational friendly in the city of Malaga (Spain) on the 6th of Febuary.Surprised? Bojan is playing regularly & covering the injuries for Barça& has scored a few goals, but his not a starting player as

Randy Moss Hit With Temporary Restraining Order

Last night, I wrote a piece on SI.com concerning New England Patriots' wide receiver Randy Moss' newfound legal troubles. I hope you have a chance to check it out.

ATLETICO DE MADRID & REAL MADRID 2008: BUILD UP TO THE DERBY

Atletico de Madrid & Real Madrid will meet in Round 20 of "La Liga"this upcoming Sunday at 19.oo hours. The two clubs have a long & historical rivalry as they "share" the same city: Madrid.For those not familiar, Real Madrid represents the upper class &elite, while Atletico de Madrid is working class, although these linesblur with all types of fans in all classes following each. Although thereis

DROGBA WOULD ENJOY PLAYING WITH ETO´O, & FC BARCELONA ?

The message is clear, CHELSEA FC forward DROGBA intends to finishhis carreer away from his current club & will most likely end therelationship at the end of the season. In an interview with English paper"The Sun", Drogba spoke of his desire & wish to be able to play along sideFC BARCELONA forward Samuel Eto´o.These words have been interpreted as a message to FC Barcelona thatthe Chelsea forward

When Academic Interests Meet: Thank you, Rich Rodriguez

I got involved in this forum because of the overlap between sport and one of my primary scholarly interests--free speech. It is nice to see one time in which sport meets my other scholarly interest--civil procedure geekiness.

West Virginia last month sued former football coach Rich Rodriguez in state court in West Virginia seeking to recover on a $ 4 million buyout clause in Rodriguez's contract, after the coach left WVU to become head coach at Michigan. Today, Rodriguez removed the case to federal court; Rodriguez argues there is federal jurisdiction over the case because he was, at the time the lawsuit was filed, already a citizen of Michigan. The theory underlying diversity always has been that an out-of-stater should be able to avoid the likely local bias by proceeding in federal court, where judge and jury are deemed to be insulated by local passions. I guess that is even more true for a football coach who just jilted an entire state. As Prof. Steve Gensler said in a list serv comment, "I guess Rich Rod didn’t like the idea of facing a Monongalia County jury (or judge)."

The key is how quickly Rodriguez was able to change his citizenship. The petition alleges that in the eleven days between his hiring (December 16) and the suit (December 27), Rodriguez became a Michigan citizen because he and his wife registered to vote in Michigan, obtained Michigan drivers' licenses, set up home mailing address and telephone, and set up a business office in the new state. Pretty quick moving. But it is not clear generally how long it takes to become a citizen of a new state; can it be done in less than two weeks? There also are indications in news reports (and from sources teaching at WVU) that the Rodriguezes have not sold their house in West Virginia, that their children still are in school in West Virginia, and that Mrs. Rodriguez, at least, is spending her time in W. Va.

I already have made copies of the petition to distribute to my students.

Update: Thursday, 10:50 a.m.:

Putting aside whether Rodriguez is manipulating citizenship, an e-mailer points out two potential problems with the petition:

1) The Removal petition nowhere asserts that Rodriguez is a citizen of Michigan, only that he has changed domicile to Michigan and had "established residency in the State of Michigan at the time this lawsuit was commenced." Now the latter goes into the analysis of the former. But the statute (and the rules) look solely to whether the "Party is a citizen of ____" and that is missing. Oversight?

2) It is not clear this case is removable to federal court. The petition alleges "the Plaintiff is a resident of the State of West Virginia." But the plaintiff is the West Virginia University Board of Governors, which may, in fact, be an alter-ego of the State of West Virginia, rather than a citizen of West Virginia. State law provides that the Board "is the governing body with the mission of general supervision and control over the academic and business affairs of West Virginia
University. The West Virginia University Board of Governors (hereinafter, the "University") is a resident of the state of West Virginia."

The diversity statute only gives jurisdiction over actions "between citizens of different states" and case law since the late 19th century makes clear that a state is not considered a citizen for purposes of that provision. Given the above language about being a "resident" of the state, does that also make it a citizen for diversity purposes? Or does it remain an alter-ego of the state?