Sunday, May 31, 2009
DIEGO FORLAN: "PICHICHI" & EUROPEAN GOLDEN BOOT 2009
It´s his second "Pichichi" - maximum Spanish League goalscorer - &"European Golden Boot" award. ATLETICO DE MADRID Uruguayanforward DIEGO FORLAN repeats his feat when at Villareal to finish this season with an outstanding 32 goals.CONGRATULATIONS "CRACK"!TOP "10" European Goalscorers:1. FORLÁN (At. Madrid) 64 pts (32 goles x 2).2. Eto'o (FC Barcelona) 60 pts (30 goles x 2).3. Janko (RB Salzburg)
SPANISH FOOTBALL - LA LIGA 2008/09 - ROUND 38 SUNDAY GAMES RESULTS
Six games of Round 38 today of the Spanish League that signals theend of the season & decided who will go down to 2ºDivision. REALBETIS joins RECREATIVO & NUMANCIA into 2º Division as the firstfailed to gain the needed 3 points.REAL BETIS drew 1-1 with VALLADOLID to be sent to 2ºDivision next season. AGUIRRE scored first for Valladolid & then OLIVEIRA equalized for Betis. However just a point was
HANDBALL: SPANISH TEAM CIUDAD REAL WINS EUROPEAN TITLE
Spanish Handball team CIUDAD REAL turned around a 5 goaldifference from the 1ºst leg to defeat KIEL in the 2º leg 33-27 &take the Handball EUROPEAN TITLE. It was an increidiblecomeback that gives Ciudad Real its second consecutive title ina row.33 - BM. Ciudad Real: Sterbik (Hombrados, ps); Dinart (-),Zorman (1), Rutenka (4), Parrondo (-), Stefansson (8, 3p),Kallman (4), Metlicic (1), Jerome
TENNIS: RAFAEL NADAL ELIMINATED FROM THE 2009 FRENCH OPEN
Nothing lasts forever, it’s an Iron Law of Life, & it applies equallyin Sports & their human “gods”. World Nº1 Tennis ranked player &Spaniard RAFAEL NADAL was convincingly eliminated from theFRENCH OPEN this afternoon by Swede Nº25 World ranked playerROBIN SODERLING 6-2, 7-6, 4-6, 6-7.The Swede used his two main weapons – the “riffle” serve &forehand – to sweep Nadal off the pitch & end any hopes
SPANISH FOOTBALL - LA LIGA 2008/09 - ROUND 38 SATURDAY GAMES RESULTS
The Spanish League comes to its end with Round 38 having played4 games Saturday night with Champions & Uefa places being settled.ATLETICO DE MADRID secured the hard fought 4ºth & ChampionsLeague place after defeating ALMERIA 3-0. DIEGO FORLAN (above)scored yesterday to finish with 32 goals for the season, the "Pichichi"title - Sp League max goal scorer - & the "European Golden Boot".The other
Stone Sandbag
Training Again!
Had my first proper session for a while yesterday, in my new garage gym.
As I'm currently having to use Dial Up 56k (WTF, feels like the stone age - well actually it is) at the moment as I cocked up transferring my Broadband over, things are a bit slow so won't have any videos etc for a few weeks.
Anyways, yesterdays session involved mixing things up for some fun, so here goes.
Strongman Log Clean and Press 85kg - 110kg triples and doubles for 10 sets
Stone Sandbag Loading onto reverse Hyper (about chest height)x 12 reps as quick as possible.
Check out the picture of my Atlas Stone Bag - I made this by using 4x25kg bags of bought sand from local DIY (B&Q) shop along with some cheap tarpaulin and a roll of tape.
Stacked the sandbags on top of each other on the tarp and very tightly wrapped and taped as I went along. Total weight = 106kg. So provides something very similar to an atlas stone and is as awkward as hell to lift.
Kettlebell Snatches 32kg & 60kg left and right. Total 100 reps (90/10 32kg/60kg)
Kettlebell Goblet Squat - 10 reps @ 60kg
40lb Macebell 360's 30 left and 30 right with no rest.
Was real good fun to get back into something a little more serious than a 10 min workout
Next stop is working on Adam's challenge 32kg Kettlebell Snatch 50/50 GS style.
Bring it on!
Rob
Stone Sandbag
Saturday, May 30, 2009
Ballpark t-shirt case in Texas?
A woman wearing a "Yankees Suck" t-shirt was threatened with removal from The Ballpark in Arlington last week. And the story is drawing some national attention (ED: Contains video line; I removed video from post because it was playing automatically).
The Rangers have received a number of complaints about the word sucks and consider it impermissible profanity that is offensive to "many people." The woman is not talking about suing, only about wanting the Rangers to change their policy; she concedes that the park is private property (something I continue to dispute). She also makes the obvious-but-often-missed point that teams cannot ensure that no one ever is offended by what they happen to see and hear at the ballpark, especially if it is not in-your-face.
Even if there is no lawsuit, it is nice to have a ballpark-speech story with a singular (and seemingly sympathetic) face and story.
The Rangers have received a number of complaints about the word sucks and consider it impermissible profanity that is offensive to "many people." The woman is not talking about suing, only about wanting the Rangers to change their policy; she concedes that the park is private property (something I continue to dispute). She also makes the obvious-but-often-missed point that teams cannot ensure that no one ever is offended by what they happen to see and hear at the ballpark, especially if it is not in-your-face.
Even if there is no lawsuit, it is nice to have a ballpark-speech story with a singular (and seemingly sympathetic) face and story.
Friday, May 29, 2009
REAL MADRID WISH TO ADD "SPANISH FLAVOUR": XABI, SILVA & VILLA
One of the objectives of the new (soon to be) President of REALMADRID Florentino Perez & his new team are to give the squad amore “Spanish Flavour”. To that effect there are already names onthe board according to “AS” in its edition of today. Players like XABIALONSO (Liverpool FC), SILVA (Valencia CF) & DAVID VILLA (ValenciaCF) are the chosen to add the “OLE” next season at Real.LIVERPOOL FC
ATLETICO DE MADRID: GOALKEEPER ASENJO SIGNS FOR 4 YEARS
Spanish sports paper “Marca” has announced it via its digitaledition. Young VALLADOLID goalkeeper SERGIO ASENJO willbe an ATLETICO DE MADRID player next season as he has committedhimself for the next 4 years. The 19 year old & Spanish U/21International goalkeeper has turned down offers from FC Barcelona,Villareal & Premier League teams to take up the Atletico challenge.The operation is around 4M€
ZIDANE PRAISES YOUNG BELGIUM 18 YEAR OLD HAZARD.
ZINEDINE ZIDANE will be the Football Consultant & REAL MADRIDAmbassador under virtual new President Florentino Perez. Withthis in mind his thoughts & comments have an impact & influencedirectly over the President that needs some analysis.(photo:Hazard-as.com)According to local sports daily “AS”, Zidane has commented toBelgium media “De Morgen” about a young Belgium Football talentthat has the
FERNANDO TORRES EXTENDS HIS CONTRACT UNTIL 2014 WITH LIVERPOOL FC
The 25 year old Spanish International FERNANDO TORRES is inMadrid were he got married to his long time partner & soon tobe mother. To celebrate the occasion the LIVERPOOL FC strikerextended his contract with the Premier League Club another yearuntil 2014 & improved his economic conditions. There will be anextra mouth to feed at home & this financial boost will come inhandy.This is a signal that
FC BARCELONA: 1,000,000 FANS HAIL BARÇA IN THE STREETS & CAMP NOU
The celebration continued as FC BARCELONA landed in the city &were given a "Ticket Tape" Parade through the streets of Barcelonato end up at their home ground "Camp Nou" in front of 93,000 people.Authorities estimate that a total of 1,000,000 people congregated in the streets to share their joy & thank their players for the 3 seasontitles: Liga, Spanish Cup & Champions.Here is a clip of
Thursday, May 28, 2009
What happens in Delaware...
The possibility of sports gambling in Delaware is one step closer to becoming a reality. In March 2009, Delaware Governor Jack Markell requested an opinion from the Delaware Supreme Court regarding the legality of Delaware’s proposed sports lottery. On Wednesday, the Delaware Supreme Court ruled that the lottery does not violate the Delaware Constitution. Here are some questions you might have regarding this development, with a few answers.
I don’t understand. No lawsuit has been filed. Why is the Delaware Supreme Court giving an opinion on this? I’m having trouble deciding what to have for dinner tonight. Can the Delaware Supreme Court give me an opinion on that?
The Delaware Constitution authorizes the Governor to seek advisory opinions from the Justices of the Delaware Supreme Court regarding the constitutionality of any law passed by the Delaware Assembly. The Governor’s request does not need to be connected to any ongoing or potential litigation. Rather, as was the case here, the request can be made to “enable the Governor to discharge the duties of the office with fidelity.” The Opinions of the Justices are not binding in later litigation, but will likely be persuasive. And, to answer the second question, unless you’re the Governor and one of your dining options may violate the Constitution, you are out of luck.
What is the Delaware sports lottery?
Delaware introduced a football lottery back in 1976. That original lottery offered two types of parlay games. In the first game, players had to correctly select the winner of 7 NFL games in a given week. In the second game, players had to correctly select the winner of 3 or more NFL games with the point spread. The lottery lasted less than a year because the lottery commission had difficulty picking the correct point spread, which led to significant losses for the state.
Governor Markell pushed for a new sports lottery to help Delaware deal with its budget deficit. As proposed, the new Delaware sports lottery will consist of three games: First, a single game lottery, where players try to pick the winner of an NFL game with a point spread. Second, a total lottery, where players pick whether the total scoring in an NFL game will be over or under the total line. Third, a parlay lottery, where players pick the winner of multiple NFL games and/or multiple over/unders. In other words, the sports lottery allows people to bet on NFL games. As of now, it appears that the lottery will also use NBA games. If the sports lottery becomes a reality, Delaware will be the only state east of the Mississippi with legalized sports betting.
Did the NFL challenge the original Delaware sports lottery?
Yes. The NFL brought two broad claims in federal district court in Delaware against the original Delaware sports lottery. First, the NFL claimed that the sports lottery was an illegal form of gambling that violated the Delaware Constitution. Second, the NFL argued that the lottery violated the NFL’s trademarks, misappropriated the NFL product, and amounted to a “forced association with gambling.” In a 1977 opinion, Judge Walter Stapleton declared that the lottery did not violate the Delaware Constitution. He also rejected the bulk of the NFL’s intellectual property claims, but did require the lottery to make clear that the games were not affiliated with the NFL.
Why did the Justices of the Delaware Supreme Court determine that the new sports lottery is legal?
The Delaware Constitution prohibits all forms of gambling, except lotteries under state control that are used for the purpose of raising funds. Thus, the key question facing the Justices was whether the proposed sports lottery constituted a legal type of “lottery,” or an illegal type of gambling. This was precisely the issue addressed by Judge Stapleton in 1977, so the Justices relied heavily on his opinion. The Delaware Constitution does not define the term “lottery,” so the court relied on the definition used by Judge Stapleton, which explained that a lottery has three elements: a prize, consideration, and chance.
The question then became, does the sports lottery contain the necessary element of chance? There are (just in case you thought this would be simple) two competing tests to answer that question. Under the English rule, also known as the “pure chance” rule, no element of skill may be involved. Under the American rule, also known as the “dominant factor” rule, chance does not have to be the only factor, but must be the dominant or controlling factor.
Given that the majority of states (and Judge Stapleton) follow the American rule, the Justices adopted the “dominant factor” American test. For what it’s worth, it probably also helped that Delaware is in America. That led to the next question—is chance the dominant factor in betting on NFL games? To answer that, the Justices again relied on Judge Stapleton, who determined that chance was a significant factor because games are often decided by unpredictable factors such as “the weather, the health and mood of the players and the condition of the field.” As Judge Stapleton added, “no one knows that may happen once the game has begun.”
Interestingly, because Judge Stapleton’s opinion was limited to the parlay games of the original lottery, the Justices only concluded that chance was the dominant factor in the parlay games offered by the new sports lottery. Citing a lack of evidence, they did not offer an opinion as to the chance element present in the single-bet games, noting that the point spread may provide the requisite chance element, but may just “manage the money flow.” So, for now, the only form of sports gambling that the Justices have explicitly blessed is parlay games. Other forms of gambling—including single games—may also be legal, but the state will have to prove that chance is the predominant factor in those games.
I live in New Orleans. We have a casino in the middle of the city and drinks named after dangerous weapons and natural disasters. Surely we can have a sports lottery, too. Right?
Wrong. The Professional and Amateur Sports Protection Act (“PASPA”), passed by Congress in 1992, prohibits all states from operating any form of sports gambling operation, except those states operating sports wagering schemes between 1976 and August 31, 1993. Delaware, along with Nevada, Oregon, and Montana, fall within that exception.
But, all hope is not lost. The State of New Jersey, seeking to start its own sports lottery, recently filed a lawsuit challenging the legality of PASPA. According to the lawsuit, “PASPA represents a substantial intrusion into States’ rights and restricts the fundamental right of States to raise revenue to fund critical State programs. Moreover, it blatantly discriminates between the States.”
The NFL recently allowed its teams to sign licensing deals with state-sponsored lotteries, so they must be fine with the Delaware sports lottery, right?
Not quite. The NFL has approved team licensing deals with state-sponsored lotteries, so their anti-gambling stance seems to have softened, at least where it will provide an influx of revenue to their teams. But, the NFL has not softened on their anti-sports gambling stance. What’s the difference? Gambling on the NFL impacts the integrity of the game; playing scratch-off games does not. Here is how Commissioner Roger Goodell phrased it in his letter to Governor Markell urging him not to go forward with the Delaware sports lottery:
The NFL prides itself on the parity they have achieved throughout the league and on their “on any given Sunday” mentality (which, I suppose, has now become an “on any given Sunday, Monday, Thursday, and, late in the season, Saturday”). The beauty of sports—and the NFL in particular—is that we don’t know who is going to win the game until they play it. The NFL wants to ensure that nothing interferes with that unpredictability. (Note that this unpredictability is precisely why Judge Stapleton determined that chance is the predominant factor in predicting the outcome of an NFL game.)
Of course, many argue that the NFL would be quite happy if Delaware and other states legalized gambling on NFL games. Gambling drives a tremendous amount of interest in games and keeps people watching even when the result of the game is no longer in doubt. Others point to the fact that the NFL’s position on the Delaware lottery is hypocritical. The NFL has a billion dollar television contract with ESPN, a company that provides predictions of NFL games with the point spread. As Governor Markell noted in his response to Commissioner Goodell: “the notion that the NFL has aggressively and actively fought against betting on its games is belied by the very programming the NFL indirectly endorses and from which it handsomely profits.”
Can the NFL prevent the Delaware lottery from using the schedule and scores of NFL games?
Unlikely. Judge Stapleton ruled in 1977 that use of NFL scores and schedules by the original Delaware sports lottery was a fair use, as long as no NFL trademarks were used and a disclaimer made clear that the games were not authorized by the NFL. Thus, expect the new lottery to refer to the matchups by city names—for example, Philadelphia vs. New Orleans, instead of the Eagles vs. the Saints.
On a scale from 1 to 10, what impact will this have on Brett Favre’s possible un-retirement?
6.
I don’t understand. No lawsuit has been filed. Why is the Delaware Supreme Court giving an opinion on this? I’m having trouble deciding what to have for dinner tonight. Can the Delaware Supreme Court give me an opinion on that?
The Delaware Constitution authorizes the Governor to seek advisory opinions from the Justices of the Delaware Supreme Court regarding the constitutionality of any law passed by the Delaware Assembly. The Governor’s request does not need to be connected to any ongoing or potential litigation. Rather, as was the case here, the request can be made to “enable the Governor to discharge the duties of the office with fidelity.” The Opinions of the Justices are not binding in later litigation, but will likely be persuasive. And, to answer the second question, unless you’re the Governor and one of your dining options may violate the Constitution, you are out of luck.
What is the Delaware sports lottery?
Delaware introduced a football lottery back in 1976. That original lottery offered two types of parlay games. In the first game, players had to correctly select the winner of 7 NFL games in a given week. In the second game, players had to correctly select the winner of 3 or more NFL games with the point spread. The lottery lasted less than a year because the lottery commission had difficulty picking the correct point spread, which led to significant losses for the state.
Governor Markell pushed for a new sports lottery to help Delaware deal with its budget deficit. As proposed, the new Delaware sports lottery will consist of three games: First, a single game lottery, where players try to pick the winner of an NFL game with a point spread. Second, a total lottery, where players pick whether the total scoring in an NFL game will be over or under the total line. Third, a parlay lottery, where players pick the winner of multiple NFL games and/or multiple over/unders. In other words, the sports lottery allows people to bet on NFL games. As of now, it appears that the lottery will also use NBA games. If the sports lottery becomes a reality, Delaware will be the only state east of the Mississippi with legalized sports betting.
Did the NFL challenge the original Delaware sports lottery?
Yes. The NFL brought two broad claims in federal district court in Delaware against the original Delaware sports lottery. First, the NFL claimed that the sports lottery was an illegal form of gambling that violated the Delaware Constitution. Second, the NFL argued that the lottery violated the NFL’s trademarks, misappropriated the NFL product, and amounted to a “forced association with gambling.” In a 1977 opinion, Judge Walter Stapleton declared that the lottery did not violate the Delaware Constitution. He also rejected the bulk of the NFL’s intellectual property claims, but did require the lottery to make clear that the games were not affiliated with the NFL.
Why did the Justices of the Delaware Supreme Court determine that the new sports lottery is legal?
The Delaware Constitution prohibits all forms of gambling, except lotteries under state control that are used for the purpose of raising funds. Thus, the key question facing the Justices was whether the proposed sports lottery constituted a legal type of “lottery,” or an illegal type of gambling. This was precisely the issue addressed by Judge Stapleton in 1977, so the Justices relied heavily on his opinion. The Delaware Constitution does not define the term “lottery,” so the court relied on the definition used by Judge Stapleton, which explained that a lottery has three elements: a prize, consideration, and chance.
The question then became, does the sports lottery contain the necessary element of chance? There are (just in case you thought this would be simple) two competing tests to answer that question. Under the English rule, also known as the “pure chance” rule, no element of skill may be involved. Under the American rule, also known as the “dominant factor” rule, chance does not have to be the only factor, but must be the dominant or controlling factor.
Given that the majority of states (and Judge Stapleton) follow the American rule, the Justices adopted the “dominant factor” American test. For what it’s worth, it probably also helped that Delaware is in America. That led to the next question—is chance the dominant factor in betting on NFL games? To answer that, the Justices again relied on Judge Stapleton, who determined that chance was a significant factor because games are often decided by unpredictable factors such as “the weather, the health and mood of the players and the condition of the field.” As Judge Stapleton added, “no one knows that may happen once the game has begun.”
Interestingly, because Judge Stapleton’s opinion was limited to the parlay games of the original lottery, the Justices only concluded that chance was the dominant factor in the parlay games offered by the new sports lottery. Citing a lack of evidence, they did not offer an opinion as to the chance element present in the single-bet games, noting that the point spread may provide the requisite chance element, but may just “manage the money flow.” So, for now, the only form of sports gambling that the Justices have explicitly blessed is parlay games. Other forms of gambling—including single games—may also be legal, but the state will have to prove that chance is the predominant factor in those games.
I live in New Orleans. We have a casino in the middle of the city and drinks named after dangerous weapons and natural disasters. Surely we can have a sports lottery, too. Right?
Wrong. The Professional and Amateur Sports Protection Act (“PASPA”), passed by Congress in 1992, prohibits all states from operating any form of sports gambling operation, except those states operating sports wagering schemes between 1976 and August 31, 1993. Delaware, along with Nevada, Oregon, and Montana, fall within that exception.
But, all hope is not lost. The State of New Jersey, seeking to start its own sports lottery, recently filed a lawsuit challenging the legality of PASPA. According to the lawsuit, “PASPA represents a substantial intrusion into States’ rights and restricts the fundamental right of States to raise revenue to fund critical State programs. Moreover, it blatantly discriminates between the States.”
The NFL recently allowed its teams to sign licensing deals with state-sponsored lotteries, so they must be fine with the Delaware sports lottery, right?
Not quite. The NFL has approved team licensing deals with state-sponsored lotteries, so their anti-gambling stance seems to have softened, at least where it will provide an influx of revenue to their teams. But, the NFL has not softened on their anti-sports gambling stance. What’s the difference? Gambling on the NFL impacts the integrity of the game; playing scratch-off games does not. Here is how Commissioner Roger Goodell phrased it in his letter to Governor Markell urging him not to go forward with the Delaware sports lottery:
Professional sports involve athletic contests that must not only be honest, but be perceived by the American public as honest. NFL owners and players have worked hard from the league’s inception nearly 90 years ago to protect its integrity. There is no issue of greater importance to the league. That is why the NFL’s position on legalized sports gambling has remained consistent for decades. State-promoted gambling not only adds to the pressure on our coaches and players, but creates suspicion and cynicism toward every on-the-field mistake that affects the betting line.
The NFL prides itself on the parity they have achieved throughout the league and on their “on any given Sunday” mentality (which, I suppose, has now become an “on any given Sunday, Monday, Thursday, and, late in the season, Saturday”). The beauty of sports—and the NFL in particular—is that we don’t know who is going to win the game until they play it. The NFL wants to ensure that nothing interferes with that unpredictability. (Note that this unpredictability is precisely why Judge Stapleton determined that chance is the predominant factor in predicting the outcome of an NFL game.)
Of course, many argue that the NFL would be quite happy if Delaware and other states legalized gambling on NFL games. Gambling drives a tremendous amount of interest in games and keeps people watching even when the result of the game is no longer in doubt. Others point to the fact that the NFL’s position on the Delaware lottery is hypocritical. The NFL has a billion dollar television contract with ESPN, a company that provides predictions of NFL games with the point spread. As Governor Markell noted in his response to Commissioner Goodell: “the notion that the NFL has aggressively and actively fought against betting on its games is belied by the very programming the NFL indirectly endorses and from which it handsomely profits.”
Can the NFL prevent the Delaware lottery from using the schedule and scores of NFL games?
Unlikely. Judge Stapleton ruled in 1977 that use of NFL scores and schedules by the original Delaware sports lottery was a fair use, as long as no NFL trademarks were used and a disclaimer made clear that the games were not authorized by the NFL. Thus, expect the new lottery to refer to the matchups by city names—for example, Philadelphia vs. New Orleans, instead of the Eagles vs. the Saints.
On a scale from 1 to 10, what impact will this have on Brett Favre’s possible un-retirement?
6.
SFS TRIBUTE TO FC BARCELONA - CHAMPIONS LEAGUE, LIGA & SPANISH CUP 2008-2009
Spanish Football & Sports has whipped up this video as a Tributeto FC BARCELONA for yesterdays Champions League Title & beingthe first team in Spanish Football History to win the “BIG 3”– includes the Spanish “Liga” & Spanish Cup.Plus it’s a tribute to all the Global FC Barcelona fans & readers(visitors) of SFS Blog. Hope you like it , try it with HQ & share ifyou desire:
CHAMPIONS LEAGUE FINAL 2009:FC BARCELONA 2 – MANCHESTER UNITED 0: VIDEO SUMMARY OF GAME, GOALS (ETO´O & MESSI) & CELEBRATIONS
The celebrations, the praises , the headlines & the joy continue forFC BARCELONA the day after their crowning as EUROPEANCHAMPIONS after defeating convincingly Manchester United 2-0 atRome.SFS has the below post with summary of the game & videos of boththe ETO´O & MESSI goals, but as with the demand so high, here area few more images & a VIDEO resume of the whole night frompre-match protocol, the
Wednesday, May 27, 2009
CHAMPIONS LEAGUE FINAL: FC BARCELONA 2 – MANCHESTER UNITED 0: BARÇA MAKES HISTORY (SEE VIDEOS OF GOALS)
This is the team photo, a HISTORICAL snapshot of 11 FCBARCELONA players that have made Spanish Football History inbeing the first & only team to date to win the “Big 3” – La Liga,Spanish Cup & European Cup – in one season. Tonight FC BARCELONAwon MANCHESTER UNITED 2-0 in the Final of the 2009 ChampionsLeague to finish its season with the highest accolade in EuropeanFootball.Manchester United
The StarCaps Saga Continues
As you might recall, five NFL players—Kevin and Pat Williams of the Minnesota Vikings and Charles Grant, Deuce McAllister, and Will Smith of the New Orleans Saints—were suspended for four games last year after testing positive for bumetanide. Bumetanide, a diuretic, is banned under the NFL Policy on Anabolic Steroids and Related Substances (the “NFL Policy”) because it can be used to mask the presence of steroids. The players claimed that they inadvertently ingested the bumetanide when they took StarCaps, an over-the-counter weight-loss supplement. Bumetanide is not listed as an ingredient in StarCaps, but the players proved that bumetanide was present in the StarCaps they consumed.
The players then appealed their suspensions to the NFL. Despite proof that the players did not intend to take bumetanide and did not know they were doing so, the NFL denied the players’ appeal because the NFL Policy makes the players responsible for whatever enters their body. As the NFL Policy states: “Players are responsible for what is in their bodies, and a positive result will not be excused because a player was unaware that he was taking a [banned] substance.”
The players then challenged the suspension in federal court in Minnesota (after a series of legal maneuverings in state court), where Judge Paul Magnuson granted a preliminary injunction blocking the suspensions until a full trial could be held. That trial was scheduled for June 15th in St. Paul, Minnesota. On Friday, however, Judge Magnuson ruled on the parties’ summary judgment motions. Here are some questions raised by the latest development in this case, with a few answers.
1. Who won the case??
Most of the headlines have declared this case a victory for the NFL, but here’s what Peter Ginsberg, attorney for Kevin and Pat Williams, had to say: "This gives my clients a terrific case, and Judge Magnuson kept alive the heart of our case.”
So, who is right? Well, to some extent, they both are. On the one hand, Judge Magnuson’s decision reaffirmed the sanctity of the NFL’s strict liability drug policy. The players raised a unique challenge to the NFL’s Policy. The players did not simply argue that it was unfair that they were punished for unknowingly taking a banned substance. Rather, the crux of the players’ argument was that the NFL knew that StarCaps contained bumetanide but failed to disclose this fact to the NFL players or the NFL Players Association. The players claimed that this constituted a breach of fiduciary duty, endangered the health of the players, and “fatally tainted the suspensions so that enforcing the [suspensions] would unfairly punish the players and condone the improper behavior and breaches of duty by the NFL, in violation of public policy and the essence of the CBA.” Judge Magnuson rejected these claims, noting that “there is no doubt that it would have been preferable for the NFL to communicate with players specifically about the presence of bumetanide in StarCaps. The NFL’s failure to do so is baffling, but it is not a breach of the NFL’s duties to its players.” Judge Magnuson also held that it is “not a breach of fiduciary duties to tell players all supplements are risky and that players should not rely on any supplement’s list of ingredients because that list may be incomplete.”
On the other hand, the decision was not a complete victory for the league. Pat and Kevin Williams also argued that the NFL Policy violated Minnesota state law. Judge Magnuson sent those claims back to be decided by Minnesota state court. So, while it may not be the “heart” of the Williams’ claim, part of their claim is still alive and will be decided by a local state court judge.
And, of course, the case isn’t quite over yet. The NFL has already filed a notice of appeal.
2. What are the Minnesota state law claims?
Pat and Kevin Williams brought claims under the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) and the Minnesota Consumable Products Act (CPA). The DATWA is one of the most comprehensive and pro-employee drug testing state laws in the country. It sets forth a series of mandatory procedures designed to protect Minnesota employees and to ensure safe and reliable drug testing in the workplace. One of the provisions of DATWA forbids an employer from disciplining an employee for a first time drug offense without first giving the employee and opportunity to participate in a drug counseling program. Another provision of DATWA permits an employee to submit information to the employer that might explain the positive test result. The CPA prevents an employer from disciplining an employee for using “lawful consumable products…off the premises of the employer during nonworking hours.”
The Williamses thus claim that the NFL violated their rights under state law by:
1) Suspending them without giving them an opportunity for counseling;
2) Failing to give them an opportunity to explain the reason for the positive test; and
3) Suspending them for using a legal substance in the offseason.
3. What are the NFL’s potential responses to the state law claims?
The NFL will likely make two broad arguments.
First, they have already indicated that they will argue that the Labor Management Relations Act (“LMRA”) preempts the state law claims. Judge Magnuson held that the LMRA preempted every common law state cause of action involving the NFL collective bargaining agreement, because, as a general principle of law, the LMRA preempts state law claims that are “inextricably intertwined” with consideration of the terms of a collective bargaining agreement. Judge Magnuson held that the DATWA and CPA claims were not preempted because those state statutes establish rights and obligations that are independent of the collective bargaining agreement. In other words, the NFL and NFLPA were not permitted to agree to terms in a collective bargaining agreement that violate state law.
The NFL will likely argue that federal labor law permits the NFL and the NFL Players Association to maintain a national drug policy that applies equally to all 32 NFL teams and their employees throughout the United States. The NFL policy is designed to protect its employees and sets up procedures to ensure safe and fair drug testing. Thus, the NFL will likely claim that any suits brought under state laws designed to provide similar protection for employees—such as DATWA and CPA— should be preempted.
Second, if the preemption argument fails, the NFL could challenge the merits of the underlying state claims. Interestingly, according to Judge Magnuson’s opinion, the NFL concedes that its steroid testing procedures do not comply with the strict letter of Minnesota state law. But, the NFL “argues that the differences are negligible and do not require the Court to invalidate the Williamses’ positive tests for bumetanide.” Of course, we wouldn’t expect the NFL to announce that they think they’re going to lose the case, so let’s take a look at some of the arguments the NFL might make. I’ll take them in the order of the claims listed in question 2. The NFL can argue that:
1) Suspension without opportunity for counseling
The purpose of the counseling and treatment requirement in the DATWA is to ensure that Minnesota employers provide assistance to employees with substance abuse problems and chemical dependencies. Issues dealing with substance abuse and the use of recreational drugs are covered in the NFL Policy and Program for Substances of Abuse. That policy does provide for treatment for a first time offender. The situation here, of course, involved use of a performance enhancing drug (or, more specifically, a performance enhancing drug masker). Treatment and rehabilitation concerns for users of performance enhancing drugs are not as heightened (or, at a minimum, are different) than the concerns for users of addictive recreational drugs. The NFL can thus argue that the counseling requirement in DATWA was not intended to apply to users of performance enhancing drugs.
On a more technical note, the DATWA provision states that an employer cannot punish an employee based on a “test result that was the first positive result on a test…” The NFL could argue that the suspensions were based on the admissions by the five players that they used bumetanide, and not on the positive test results. It may seem like a stretch, but courts have narrowly interpreted the requirements of the DATWA and other similar state statutes.
2) Failure to provide opportunity to explain positive test
The NFL did give the Williamses an opportunity to explain the reason for the positive test. But, the reason given (inadvertent use) was not a valid defense under the NFL Policy;
3) Suspension for use of a legal substance
Bumetanide is only legal with a prescription, and the Williamses did not have a prescription. Also, the CPA allows employers to restrict use of legal substances if the restriction “relates to a bona fide occupational requirement and is reasonably related to employment activities.” The NFL can argue that prohibition of performance enhancing (or masking) substances, even if legal to the general public, clearly relates to a legitimate requirement of the NFL.
4. Were these state law claims raised in the earlier preliminary injunction hearings?
No, the state law claims were not at issue during the earlier preliminary injunction hearings and were not addressed by Judge Magnuson during these hearings. The Williamses filed their original complaint on December 4, 2008. That complaint did not contain the DAWTA and CPA claims. Judge Magnuson granted the preliminary injunction on December 11, 2008, before the Williamses raised the state law claims. At the oral argument, the Williamses attorneys did notify Judge Magnuson that they intended to amend their complaint to include the state law claims. These claims were included for the first time in the amended complaint filed by the WIlliamses on January 4, 2009.
5. Does Louisiana have a similar state law that protects Deuce McAllister, Charles Grants, and Will Smith?
Yes and no. Louisiana does have a state law that regulates drug testing of employees, but it specifically excludes drug testing conducted by the NFL. So, pending any appeals by the NFLPA, Judge Magnuson’s decision ended the case for the three Saints.
6. This ongoing litigation cannot be helping the relationship between the NFL and the NFLPA, can it?
I’ll let Judge Magnuson handle this one. Here’s an excerpt from his opinion:
It is clear that this situation arose because the parties to these cases do not trust each other. The NFL does not trust the Union or the players. The players and the Union do not trust the NFL. No one believes that the opposing parties have any common interests. The situation is deplorable and leads to suspicion and the sort of no-holds-barred litigation tactics so clearly on view here.
Other than that, Judge, how are they getting along?
The players then appealed their suspensions to the NFL. Despite proof that the players did not intend to take bumetanide and did not know they were doing so, the NFL denied the players’ appeal because the NFL Policy makes the players responsible for whatever enters their body. As the NFL Policy states: “Players are responsible for what is in their bodies, and a positive result will not be excused because a player was unaware that he was taking a [banned] substance.”
The players then challenged the suspension in federal court in Minnesota (after a series of legal maneuverings in state court), where Judge Paul Magnuson granted a preliminary injunction blocking the suspensions until a full trial could be held. That trial was scheduled for June 15th in St. Paul, Minnesota. On Friday, however, Judge Magnuson ruled on the parties’ summary judgment motions. Here are some questions raised by the latest development in this case, with a few answers.
1. Who won the case??
Most of the headlines have declared this case a victory for the NFL, but here’s what Peter Ginsberg, attorney for Kevin and Pat Williams, had to say: "This gives my clients a terrific case, and Judge Magnuson kept alive the heart of our case.”
So, who is right? Well, to some extent, they both are. On the one hand, Judge Magnuson’s decision reaffirmed the sanctity of the NFL’s strict liability drug policy. The players raised a unique challenge to the NFL’s Policy. The players did not simply argue that it was unfair that they were punished for unknowingly taking a banned substance. Rather, the crux of the players’ argument was that the NFL knew that StarCaps contained bumetanide but failed to disclose this fact to the NFL players or the NFL Players Association. The players claimed that this constituted a breach of fiduciary duty, endangered the health of the players, and “fatally tainted the suspensions so that enforcing the [suspensions] would unfairly punish the players and condone the improper behavior and breaches of duty by the NFL, in violation of public policy and the essence of the CBA.” Judge Magnuson rejected these claims, noting that “there is no doubt that it would have been preferable for the NFL to communicate with players specifically about the presence of bumetanide in StarCaps. The NFL’s failure to do so is baffling, but it is not a breach of the NFL’s duties to its players.” Judge Magnuson also held that it is “not a breach of fiduciary duties to tell players all supplements are risky and that players should not rely on any supplement’s list of ingredients because that list may be incomplete.”
On the other hand, the decision was not a complete victory for the league. Pat and Kevin Williams also argued that the NFL Policy violated Minnesota state law. Judge Magnuson sent those claims back to be decided by Minnesota state court. So, while it may not be the “heart” of the Williams’ claim, part of their claim is still alive and will be decided by a local state court judge.
And, of course, the case isn’t quite over yet. The NFL has already filed a notice of appeal.
2. What are the Minnesota state law claims?
Pat and Kevin Williams brought claims under the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) and the Minnesota Consumable Products Act (CPA). The DATWA is one of the most comprehensive and pro-employee drug testing state laws in the country. It sets forth a series of mandatory procedures designed to protect Minnesota employees and to ensure safe and reliable drug testing in the workplace. One of the provisions of DATWA forbids an employer from disciplining an employee for a first time drug offense without first giving the employee and opportunity to participate in a drug counseling program. Another provision of DATWA permits an employee to submit information to the employer that might explain the positive test result. The CPA prevents an employer from disciplining an employee for using “lawful consumable products…off the premises of the employer during nonworking hours.”
The Williamses thus claim that the NFL violated their rights under state law by:
1) Suspending them without giving them an opportunity for counseling;
2) Failing to give them an opportunity to explain the reason for the positive test; and
3) Suspending them for using a legal substance in the offseason.
3. What are the NFL’s potential responses to the state law claims?
The NFL will likely make two broad arguments.
First, they have already indicated that they will argue that the Labor Management Relations Act (“LMRA”) preempts the state law claims. Judge Magnuson held that the LMRA preempted every common law state cause of action involving the NFL collective bargaining agreement, because, as a general principle of law, the LMRA preempts state law claims that are “inextricably intertwined” with consideration of the terms of a collective bargaining agreement. Judge Magnuson held that the DATWA and CPA claims were not preempted because those state statutes establish rights and obligations that are independent of the collective bargaining agreement. In other words, the NFL and NFLPA were not permitted to agree to terms in a collective bargaining agreement that violate state law.
The NFL will likely argue that federal labor law permits the NFL and the NFL Players Association to maintain a national drug policy that applies equally to all 32 NFL teams and their employees throughout the United States. The NFL policy is designed to protect its employees and sets up procedures to ensure safe and fair drug testing. Thus, the NFL will likely claim that any suits brought under state laws designed to provide similar protection for employees—such as DATWA and CPA— should be preempted.
Second, if the preemption argument fails, the NFL could challenge the merits of the underlying state claims. Interestingly, according to Judge Magnuson’s opinion, the NFL concedes that its steroid testing procedures do not comply with the strict letter of Minnesota state law. But, the NFL “argues that the differences are negligible and do not require the Court to invalidate the Williamses’ positive tests for bumetanide.” Of course, we wouldn’t expect the NFL to announce that they think they’re going to lose the case, so let’s take a look at some of the arguments the NFL might make. I’ll take them in the order of the claims listed in question 2. The NFL can argue that:
1) Suspension without opportunity for counseling
The purpose of the counseling and treatment requirement in the DATWA is to ensure that Minnesota employers provide assistance to employees with substance abuse problems and chemical dependencies. Issues dealing with substance abuse and the use of recreational drugs are covered in the NFL Policy and Program for Substances of Abuse. That policy does provide for treatment for a first time offender. The situation here, of course, involved use of a performance enhancing drug (or, more specifically, a performance enhancing drug masker). Treatment and rehabilitation concerns for users of performance enhancing drugs are not as heightened (or, at a minimum, are different) than the concerns for users of addictive recreational drugs. The NFL can thus argue that the counseling requirement in DATWA was not intended to apply to users of performance enhancing drugs.
On a more technical note, the DATWA provision states that an employer cannot punish an employee based on a “test result that was the first positive result on a test…” The NFL could argue that the suspensions were based on the admissions by the five players that they used bumetanide, and not on the positive test results. It may seem like a stretch, but courts have narrowly interpreted the requirements of the DATWA and other similar state statutes.
2) Failure to provide opportunity to explain positive test
The NFL did give the Williamses an opportunity to explain the reason for the positive test. But, the reason given (inadvertent use) was not a valid defense under the NFL Policy;
3) Suspension for use of a legal substance
Bumetanide is only legal with a prescription, and the Williamses did not have a prescription. Also, the CPA allows employers to restrict use of legal substances if the restriction “relates to a bona fide occupational requirement and is reasonably related to employment activities.” The NFL can argue that prohibition of performance enhancing (or masking) substances, even if legal to the general public, clearly relates to a legitimate requirement of the NFL.
4. Were these state law claims raised in the earlier preliminary injunction hearings?
No, the state law claims were not at issue during the earlier preliminary injunction hearings and were not addressed by Judge Magnuson during these hearings. The Williamses filed their original complaint on December 4, 2008. That complaint did not contain the DAWTA and CPA claims. Judge Magnuson granted the preliminary injunction on December 11, 2008, before the Williamses raised the state law claims. At the oral argument, the Williamses attorneys did notify Judge Magnuson that they intended to amend their complaint to include the state law claims. These claims were included for the first time in the amended complaint filed by the WIlliamses on January 4, 2009.
5. Does Louisiana have a similar state law that protects Deuce McAllister, Charles Grants, and Will Smith?
Yes and no. Louisiana does have a state law that regulates drug testing of employees, but it specifically excludes drug testing conducted by the NFL. So, pending any appeals by the NFLPA, Judge Magnuson’s decision ended the case for the three Saints.
6. This ongoing litigation cannot be helping the relationship between the NFL and the NFLPA, can it?
I’ll let Judge Magnuson handle this one. Here’s an excerpt from his opinion:
It is clear that this situation arose because the parties to these cases do not trust each other. The NFL does not trust the Union or the players. The players and the Union do not trust the NFL. No one believes that the opposing parties have any common interests. The situation is deplorable and leads to suspicion and the sort of no-holds-barred litigation tactics so clearly on view here.
Other than that, Judge, how are they getting along?
Perjury in Congressional Hearings on College Bowl System and the BCS?
Congress conducted hearings on the college bowl system earlier this month. Now, reporters have raised questions regarding whether bowl defenders committed perjury or acted in contempt of Congress in claiming that most bowl games are organized by charitable groups and that tens of millions of dollars earned by the bowls go to charity. Yahoo.com stories are here and here, and BYU law professor Gordon Smith weighs in at the Conglomerate blog.
Scottish Bloke
Scottish Bloke
As I have very little to report apart from still sorting out sh*te with my new home.
I thought this was quite funny!
Apparently I'm a Scottish bloke
From last year Ashbourne Highland Gathering
found it here
'Geoff Capes looks on as some Scottish guy throws a dirty great weight as far as he can'
CHAMPIONS LEAGUE FINAL 2009: SFS BECOMES A BARÇA FAN TONIGHT!
(courtesy of marca.com)SFS becomes a FC BARCELONA fans & will roar on the "Cules" against MANCHESTER UNITED in tonights final of the CHAMPIONSLEAGUE - European Cup - FINAL at Rome (Italy).Barça has the opportunity to add to its collection one of thesebeautiful Cups (see below) - a 3ºrd if successful - to its collection,& in so doing make Spanish Football History as being the first everClub to win
REAL MADRID & INTER MILAN DEFENDER MAICON TALKING
Everyone says & speculates that AC MILAN player KAKA is very close,along with BAYERN MUNICH French International FRANCK RIBERY &XABI ALONSO of LIVERPOOL FC in the new REAL MADRID set up fornext season. Presidential candidate Florentino Perez & his team areworking hard to shut things & another name has emerged to capturethe Sporting papers lead titles.It was rumoured while back, & now it gains
Tuesday, May 26, 2009
EURO U/19: SPAIN DEFEATS GERMANY 1-0 & QUALIFIES FOR THE EUROS
Good news. The SPANISH U/19 National side needed a point toqualify for the EUROPEAN CHAMPIONSHIPS final phase, & in theprocess managed 3 points after defeating GERMANY 1-0 with apenalty from young Arsenal FC player FRAN MERIDA.The first half was a cautious affair as both sides were wary of notallowing the opponent to score a goal. The second half saw Germanydecide to go for a win – as they needed
EVERYTHING READY FOR FC BARCELONA - MANCHESTER UNITED CHAMPIONS LEAGUE FINAL 2009
Tomorrow night we will finally know who will be the EuropeanChampion after FC BARCELONA & MANCHESTER UNITED clash atthe “Olimpico Stadium” at Rome (Italy). It’s the perfect final forthe universal Football (Soccer) fan that should supply plenty of action& lots of goals with a bit of nail bitting thrown in as well.Here is a clip from local TV station “Cuarto” on the arrival ofBarcelona today at
New Sports Law Scholarship
Recently published scholarship includes:
Scott A. Anderson, A call for drug-testing of high school student-athletes, 19 MARQUETTE SPORTS LAW REVIEW 325 (2008)
Genevieve F. E. Birren & Jeremy C. Fransen, The body and the law: how physiological and legal obstacles combine to create barriers to accurate drug testing, 19 MARQUETTE SPORTS LAW REVIEW 253 (2008)
Jonathan F. Duncan & Kristina V. Giddings, Which Washington: Constitutions in conflict?, 19 MARQUETTE SPORTS LAW REVIEW 231 (2008)
Marc Edelman, Moving past collusion in Major League Baseball: healing old wounds, and preventing new ones, 54 WAYNE LAW REVIEW 601 (2008)
Evan Steele Fensterstock, Comment, Shin v. Ahn applies the primary assumption of risk doctrine to injuries sustained by golfers in the same group: negligence goes unpunished, 43 NEW ENGLAND LAW REVIEW 87 (2008)
Eldon L. Ham, The immaculate deception: how the Holy Grail of protectionism led to the great steroid era: why Congress should revoke baseballs antitrust boondoggle, 19 MARQUETTE SPORTS LAW REVIEW 209 (2008)
Daniel Healey, Fall of the Rocket: steroids and the case against Roger Clemens, 19 MARQUETTE SPORTS LAW REVIEW 289 (2008)
Sarah L. Horvitz, Travis Tygart & Paul A. Turbow, Dopers are not duped: USADA’s assistance to federal prosecutions ultimately protecting clean athletes is not state action, 19 MARQUETTE SPORTS LAW REVIEW 39 (2008)
Dionne L. Koller, From medals to morality: sportive nationalism and the problem of doping in sports, 19 MARQUETTE SPORTS LAW REVIEW 91 (2008)
T. Matthew Lockhart, Comment, The NCAA should adopt a uniform student-athlete discipline policy, 16 UCLA ENTERTAINMENT LAW REVIEW 119 (2009)
Robert D. Manfred, Jr., Federal labor law obstacles to achieving a completely independent drug program in Major League Baseball, 19 MARQUETTE SPORTS LAW REVIEW 1 (2008)
Richard H. McLauren, Corruption: its impact on fair play, 19 MARQUETTE SPORTS LAW REVIEW 15 (2008)
Robert Moore, The Interaction Between the Americans with Disabilities Act and Drug and Alcohol Addiction in Sports, 16 Sports Lawyers Journal 231 (2009)
Will Pridemore, Book review, Reviewing David Ezra, Asterisk: *Home Runs, Steroids, and the Rush to Judgment, 19 MARQUETTE SPORTS LAW REVIEW 345(2008)
Abbas Ravjani, The Court of Arbitration for Sport: a subtle form of international delegation, 2 JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW 241 (2009)
David G. Roberts, Comment, The constitutionality of the NFL patdown policy after … Johnston v. Tampa Sports Auth. and Sheehan v. The San Francosco 49ers, Ltd., 58 CASE WESTERN RESERVE LAW REVIEW 979 (2008)
Shayna M. Sigman, Are we all dopes? A behavior law & economics approach to legal regulation of doping in sports, 19 MARQUETTE SPORTS LAW REVIEW 125 (2008)
Michael Straubel, The International Convention Against Doping in Sport: is it the missing link to USADA being a state actor and WADC coverage of U.S. pro athletes?, 19 MARQUETTE SPORTS LAW REVIEW 63 (2008)
Judge Sotomayor's Sports Law Opinions
It's official: as Professor cummings predicted earlier this month, the President will nominate Second Circuit Judge and die-hard Yankees fan Sonia Sotomayor to the Supreme Court. Perhaps more than any Supreme Court nominee in history, Judge Sotomayor has a long record of adjudicating major sports law cases, dating back to her time on the district court. Among her notable sports law cases:
Major League Baseball Properties, Inc. v. Salvino, Inc., 542 F.3d 290 (2nd Cir. 2008) (concurring) (action by league against manufacturer of plush bears with team logos)
MasterCard Intern. Inc. v. Federation Intern. de Football Ass'n, 239 Fed.Appx. 625 (2nd Cir. 2007) (panel member) (action by credit card company claiming breach of contract providing for continued sponsorship of World Cup)
Clarett v. National Football League, 369 F.3d 124 (2nd Cir. 2004) (antitrust action challenging draft eligibility rules)
Gilbert v. Seton Hall University, 332 F.3d 105 (2nd Cir. 2003) (dissenting) (personal injury claim by college rugby club athlete)
Ortiz-Del Valle v. N.B.A., 190 F.3d 598 (2nd Cir. 1999) (panel member) (gender discrimination case by female NBA referee)
Boucher v. Syracuse University, 164 F.3d 113 (2nd Cir. 1999) (panel member) (Title IX claim by female college athletes)
Tasini v. New York Times, Corp., 981 F.Supp. 841 (S.D.N.Y. 1997) (copyright action by freelance writers challenging electronic republication of Sports Illustrated stories)
Silverman v. Major League Baseball Player Relations Committee, 880 F.Supp. 246 (S.D.N.Y. 1995) (unfair labor practice claim against baseball owners)
Jaguar Cars v. National Football League, 886 F.Supp. 335 (S.D.N.Y. 1995) (trademark infringement suit by car company over naming of Jacksonville Jaguars football team)
CHAMPIONS LEAGUE FINAL 2009: FC BARCELONA ARRIVE AT ROME AS CARTOONS
There are hundreds of pre-match CHAMPIONS LEAGUE FINALvideos on the Web elaborated with love by fans. The mayorityare great & recommend you have a surf through "YouTube" toreally see some dedication & time spend on them.SFS has a "sense of humour" & wishes to post somethingdifferent for Barça fans & help warm-up the atmosphere.Here are the Barça players at Rome as cartoon figures, cartoonsdone by
Monday, May 25, 2009
REAL MADRID 2009 TRANSFER GOSSIP & RUMOURS: VAN NISTELROOY, RIBERY & SNEIJDER
Let’s kill a couple of birds with one stone (or better said with asingle post). A few interesting news pieces have appear thisafternoon on the Spanish sporting press digital editions ,especially “AS” & "Marca", all making reference to REAL MADRID.Firstly, according to Turkish sources, concretely Turkish mediaMilliyet, a GALATASARAY official Haldun Ustunel flew to Hollandto come to an agreement
Pete Rose and the Hall of Fame
A commenter to my post on steroids and the Hall of Fame asks about Pete Rose. I thought it warranted a new post, rather than a comment. I actually wrote about this point three years ago.
Rose should not be in the Hall, because different rules apply. Rose is ineligible for the Hall under Rule 3E, which bars selection of anyone who is on MLB's permanently ineligible list. Rose is on that list because he agreed to be placed on the list (which he did to avoid the now-we-know-was-inevitable finding that he did, in fact, bet on games involving the Reds). There is no character/integrity/sportsmanship debate to be had with Rose--he is out because the rules (properly, I believe) keep him out.
But as the commenter notes, Rose was suspended for post-playing conduct. This raises a couple of points.
First, I still agree with the current outcome under Rule 3E. The ineligible list is the ineligible list for Hall purposes, regardless of when or why the suspension occurred.
But note the anomalies. Rose retired as a player in 1986 and would have been on the ballot for the first time (and almost certainly elected) in 1992. Suppose his gambling had not been revealed until 1995? I cannot find whether there is a procedure for removing someone from the Hall if that person is suspended from the game subsequent to his induction. So we could ask whether it makes sense to deny admission to a player based on a suspension for post-playing conduct when we would not remove him from the Hall for the same conduct. Actually, this happened in miniature in the early 1980s, when Willie Mays and Mickey Mantle were barred from any official involvement with MLB because they held PR positions with casinos (although Commissioner Bowie Kuhn had meant the suspension only to apply to formal employment and not to all involvement in the game). The Hall did nothing and the "suspension" was lifted after two years. Worse, under my counter-factual, Rose might not have been removed from the Hall (if no such procedure exists) even if had been discovered, post-induction, that he had gambled as a player.
Second, the commenter implicitly raises a different counter-factual: Suppose there were no Rule 3E (actually, the Rule did not exist until 1991, enacted specifically to ensure that Rose and the rehabilitating Shoeless Joe Jackson did not make it in). Now we squarely have the situation the commenter suggests: Baseball-related, post-playing, against-the-rules conduct, subject to the integrity/sportsmanship/character clause.
I say he still should not get in. First, I would not divide his baseball conduct between playing and non-playing conduct; it is all what he did as part of baseball and whether he violated specific rules of the game. And he did. Note that this makes his tax evasion conviction/prison term irrelevant, because that was non-baseball.
More prominently, Rose violated a specific rule of MLB through acts that go to the basic integrity of the game in a way that steroid use does not. The game's integrity demands that every player go all out to win every game to the best of his ability and effort, for the sake of winning (and the intrinsic values associated with winning), within the established rules of the game. A player who uses steroids or other PEDs is trying to maximize his performance and his success--that is the basic argument in the Zev Chafets piece that I originally linked to. Gambling on games involving one's own team (even if always to win) runs contrary to that understanding of the game's integrity.
Rose should not be in the Hall, because different rules apply. Rose is ineligible for the Hall under Rule 3E, which bars selection of anyone who is on MLB's permanently ineligible list. Rose is on that list because he agreed to be placed on the list (which he did to avoid the now-we-know-was-inevitable finding that he did, in fact, bet on games involving the Reds). There is no character/integrity/sportsmanship debate to be had with Rose--he is out because the rules (properly, I believe) keep him out.
But as the commenter notes, Rose was suspended for post-playing conduct. This raises a couple of points.
First, I still agree with the current outcome under Rule 3E. The ineligible list is the ineligible list for Hall purposes, regardless of when or why the suspension occurred.
But note the anomalies. Rose retired as a player in 1986 and would have been on the ballot for the first time (and almost certainly elected) in 1992. Suppose his gambling had not been revealed until 1995? I cannot find whether there is a procedure for removing someone from the Hall if that person is suspended from the game subsequent to his induction. So we could ask whether it makes sense to deny admission to a player based on a suspension for post-playing conduct when we would not remove him from the Hall for the same conduct. Actually, this happened in miniature in the early 1980s, when Willie Mays and Mickey Mantle were barred from any official involvement with MLB because they held PR positions with casinos (although Commissioner Bowie Kuhn had meant the suspension only to apply to formal employment and not to all involvement in the game). The Hall did nothing and the "suspension" was lifted after two years. Worse, under my counter-factual, Rose might not have been removed from the Hall (if no such procedure exists) even if had been discovered, post-induction, that he had gambled as a player.
Second, the commenter implicitly raises a different counter-factual: Suppose there were no Rule 3E (actually, the Rule did not exist until 1991, enacted specifically to ensure that Rose and the rehabilitating Shoeless Joe Jackson did not make it in). Now we squarely have the situation the commenter suggests: Baseball-related, post-playing, against-the-rules conduct, subject to the integrity/sportsmanship/character clause.
I say he still should not get in. First, I would not divide his baseball conduct between playing and non-playing conduct; it is all what he did as part of baseball and whether he violated specific rules of the game. And he did. Note that this makes his tax evasion conviction/prison term irrelevant, because that was non-baseball.
More prominently, Rose violated a specific rule of MLB through acts that go to the basic integrity of the game in a way that steroid use does not. The game's integrity demands that every player go all out to win every game to the best of his ability and effort, for the sake of winning (and the intrinsic values associated with winning), within the established rules of the game. A player who uses steroids or other PEDs is trying to maximize his performance and his success--that is the basic argument in the Zev Chafets piece that I originally linked to. Gambling on games involving one's own team (even if always to win) runs contrary to that understanding of the game's integrity.
REAL MADRID: FLORENTINO PEREZ ACCELARATES NEGOTIATIONS FOR XABI ALONSO
News from England, concretely “The Daily Mail” in its digital edition,claim that REAL MADRID Presidential candidate - & assured winnernext month – Florentino Perez has intensified & acceleratednegotiations with LIVERPOOL FC & with its Spanish Internationalmidfielder XABI ALONSOAnother English daily “The News of the World” backs this first storyby adding that Xabi Alonso has expressed to his Coach
Sunday, May 24, 2009
SPANISH FOOTBALL - LA LIGA 2008/09 - ROUND 37 SUNDAY GAME RESULT
The last & only game of Round 37 of the Spanish League wasplayed tonight with REAL MADRID playing its last game on hometurf & saying goodbye to its fans. But Real Madrid just hasn’t itshead concentrated & the spirit is totally gone after they lost thelast train to the title with the defeat at the hands of FC Barcelona.Tonight another defeat at the hands of MALLORCA 1-3 who quitefrankly overran
FORMULA 1: FERNANDO ALONSO 7TH AT MONACO 2009
Monaco is the type of circuit that Spanish two time World Formula 1Champion FERNANDO ALONSO likes & wins. But not today, as theSpaniard did a "flawless" drive but his R29 could only smell the fumes from the faster cars. The best that the Spaniard could do today atMonaco was a 7th place.(photo: Fernando Alonso - elmundo.es)It was precisely one of the fastest cars & better drivers JENSONBUTTON (
DIEGO FORLAN LEADS "PICHICHI" & "EUROPEAN GOLDEN BOOT" 2009. CAN ETO´O CATCH & OVERTAKE?
One of yesterdays big turning points in Round 37 of the Spanish League happened in the race for this season “Pichichi” title. Thisis the local name given to the player who scores the most goals inthe Spanish League for the season. Until yesterday FC Barcelonaplayer Samuel Eto´o was leading the table with his 29 goals, justone ahead of Atletico de Madrid Uruguayan International forwardDiego Forlan
FC BARCELONA CELEBRATE LIGA & SPANISH CUP TITLES AT HOME (VIDEO)
SFS has many of its regular - & non regular - readers who are FCBARCELONA fans. Thus SFS thought a couple of pics & a VIDEOfrom yesterday night celebrations would go down well.(photo: elmundo.com)Barça played their last home ground match yesterday night & thewhole squad wanted to celebrate both SPANISH CUP & "LIGA"Titles with their members & fans. After the Osasuna game, theSpanish League
Saturday, May 23, 2009
NBA Draft 2009: Center Prospects
This article can also be seen here.
Although the NBA appears to be changing to more of a transition game dominated by guards and wing players, big men can still rule the game. With a dearth of high-quality big men, teams are always searching for centers that can play enar the basket, affecting the game on both ends of the floor. For that reason, they are sometimes willing to reach on big men, or take projects who have the potential to be game-changing centers down the road.
Ads by Google
The 2009 NBA Draft appears to be a fairly weak draft class, but there is still some talent at the center position.
Assuming we count Blake Griffin from Oklahoma as a Power Forward, Connecticut center Hasheem Thabeet looks like he will be the first center taken in the 2009 NBA Draft. At 7'3'', he is still a very raw player, but has matured significantly on the court during his 3 years as a member of the Connecticut Huskies. He is a huge presence on the defensive end, and has the ability to alter games by blocking shots or forcing opponents to alter a ton of shots. Offensively, he is getting better but is still very raw, and scores most of his points on either putbacks or dunks.He is a project on the offensive end, but should make an immediate impact on the defensive end with his size and shot blocking instincts. He looks to be a top 3 pick in the draft.
BJ Mullens from Ohio St. appears to be the only other center who looks to be a viable first-round candidate if he chooses to stay in the draft. He only played 1 year for the Buckeyes, and is very much a long-term prospect who will be drafted based on his potential. He was a talented recruit coming out of high school, but had an up-and-down season for Thad Matta and the Buckeyes. He only averaged 8.8 PPG and 4.7 RPG in his freshman campaign, which are not exactly inspiring numbers, especially since he was a year older than many other freshmen in his class. He is very talented athletically, but there are concerns about how good of a basketball player he actually is. His basketball IQ is not that great, and his rebounding numbers are very mediocre for someone his size. Plus, there are concerns about his consistency, because that was lacking. His physical tools will probably get him drafted sometime in the first round by a team enamored with his talented, but it could be a while before he produces in the NBA.
These are really the 2 legit center prospects in this draft. Big men like Blake Griffin, Jordan Hill, or James Johnson probably will be able to play center at times, but they are more natural power forwards. So with the 2009 NBA Draft class shaping up to be a very weak one, this is most obvious when looking at the centers, which will probably have minimal impact in the NBA outside of a couple players.
Although the NBA appears to be changing to more of a transition game dominated by guards and wing players, big men can still rule the game. With a dearth of high-quality big men, teams are always searching for centers that can play enar the basket, affecting the game on both ends of the floor. For that reason, they are sometimes willing to reach on big men, or take projects who have the potential to be game-changing centers down the road.
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The 2009 NBA Draft appears to be a fairly weak draft class, but there is still some talent at the center position.
Assuming we count Blake Griffin from Oklahoma as a Power Forward, Connecticut center Hasheem Thabeet looks like he will be the first center taken in the 2009 NBA Draft. At 7'3'', he is still a very raw player, but has matured significantly on the court during his 3 years as a member of the Connecticut Huskies. He is a huge presence on the defensive end, and has the ability to alter games by blocking shots or forcing opponents to alter a ton of shots. Offensively, he is getting better but is still very raw, and scores most of his points on either putbacks or dunks.He is a project on the offensive end, but should make an immediate impact on the defensive end with his size and shot blocking instincts. He looks to be a top 3 pick in the draft.
BJ Mullens from Ohio St. appears to be the only other center who looks to be a viable first-round candidate if he chooses to stay in the draft. He only played 1 year for the Buckeyes, and is very much a long-term prospect who will be drafted based on his potential. He was a talented recruit coming out of high school, but had an up-and-down season for Thad Matta and the Buckeyes. He only averaged 8.8 PPG and 4.7 RPG in his freshman campaign, which are not exactly inspiring numbers, especially since he was a year older than many other freshmen in his class. He is very talented athletically, but there are concerns about how good of a basketball player he actually is. His basketball IQ is not that great, and his rebounding numbers are very mediocre for someone his size. Plus, there are concerns about his consistency, because that was lacking. His physical tools will probably get him drafted sometime in the first round by a team enamored with his talented, but it could be a while before he produces in the NBA.
These are really the 2 legit center prospects in this draft. Big men like Blake Griffin, Jordan Hill, or James Johnson probably will be able to play center at times, but they are more natural power forwards. So with the 2009 NBA Draft class shaping up to be a very weak one, this is most obvious when looking at the centers, which will probably have minimal impact in the NBA outside of a couple players.
NBA Conference Finals Thoughts
We are in the midst of two great conference finals matchups. In the Eastern Conference, the Cleveland Cavaliers and Orlando Magic are knotted at 1 game apiece. In the Western Conference, the Los Angeles Lakers lead the Denver Nuggets 2 games to 1. First, a look at the East, which has been epic through 2 games. After Rashard Lewis won game 1 with a late 3-pointer, LeBron James answered with a buzzer beating 3 of his own, evening the series. Thoughts from this series:
- LeBron James, of course, has been ridiculously good. He is the best basketball player on the planet, and he's showing it through the first 2 games. After being almost unstoppable in game 1 (20/30 shooting? Are you serious?), he followed that up with 35 points and the aforementioned game-winner in game 2. With the defense focusing on him, he is shooting a high percentage, playing great defense, and getting good looks for his teammates.
- However, he can't do it on his own. In Game 21, Mo Williams had 19 points, but it took him 21 shots to do it. Delonte West only had 12 points in 46 minutes. Zydrunas Ilgauskas only had 12 points on 5/13 shooting. LeBron will get these guys lots of great looks, so they are going to need to hit shots.
- Dwight Howard needs to dominate for the Magic. The Cavaliers have nobody that can guard him (Zydrunas Ilgauskas is not even close to quick enough), so there is no reason for Howard to only have 10 points on 3/8 shooting. His average needs to be up in the 20s for the Magic to win this series.
- I love watching Rashard Lewis and Hedo Turkoglu play when they are firing at all cylinders. Great shooters, good handles, good passers... a fantastic wing combination.
- Courtney Lee is showing me some good offensive game a lot more quickly in his career than I thought he would.
- Still like the Cavs in this series... LeBron is simply too good. I'll go with Cavs in 6.
Then there is the West, where the Lakers victory on Saturday gave them a 2-1 series lead... all 3 games have been closely contested and have come down to the wire, where any of the games conceivably could have been won by either team. Thoughts:
- Kobe Bryant was a man in Game 3, carrying the Lakers down the stretch with 41 points to go along with 6 rebounds and 5 assists. Clutch 3 to put the Lakers up late and then lots of late free throws.
- Kenyon Martin with one of the worst inbounds passes I have seen to all but seal the fate of the Nuggets in game 3. Give credit to Lamar Odom for great defense on the ball out of bounds, but that was still an atrocious pass.
- Don't see how the Lakers can win an NBA title if they get as little contributions from their PGs as they did in game 23. Derek Fisher, Jordan Farmar, and Shannon Brown basically added nothing to the table.
- Carmelo Anthony, where did you go in the 2nd half? With his disappearance and the struggle of JR Smith to score (he played well in other areas but didn't add much scoring the ball - 4/15 shooting), the Nuggets just didn't have enough offense.
- Well done Bird Man... 15 points, 7 rebounds, 3 blocks in 24 minutes. The man is an athletic specimen.
Hope you guys are enjoying these 2 series' as much as I am... it has been excellent so far, hope we can continue to have great basketball games!
SPANISH FOOTBALL - LA LIGA 2008/ 09 - ROUND 37 SATURDAY GAMES RESULTS
It was a Super Saturday in Round 37 of the Spanish League with9 games out of the 10 scheduled & drama throughout. There isan authentic battle for the last Champions position ( 4th tableplace) which is being currently held tonight by Atletico de Madridwith a two point advantage over Villareal, plus one of these teamswill go down to 2º Division along with Recreativo de Huelva& Numancia next week :
BASKETBALL: SPAIN WILL HOST 2014 WORLD CHAMPIONSHIPS
SPAIN has defeated Italy & China to be elected as the host nationfor the 2014 World Basketball Championships. The tournamentwill take place between the 30th of August & 14th of Septemberin the following cities: Madrid, Bilbao, Sevilla, Las Palmas &Granada. Spain lasted hosted the World Basketball Championships28 years ago.According to local media sources, Spain defeated Italy in the finalvoting
Hall of Fame, Steroids, and Cheating
Zev Chafets argues on ESPN that steroid users should not be kept out of the Hall of Fame. His argument is that steroid users are no different than players of past generations, many of whom engaged in questionable activities off the field (consorting with gamblers, the Klan, and gangsters) and were "happy to use any substance they thought would give them an edge" on the field. As to the latter category, Chafets points to Hall of Famers of the past using non-anabolic steroids, amphetamines, monkey testosterone (hey, it was 1899), and other substances. He argues generally that we have to judge one generation against itself, not past generations. So Barry Bonds's greatness, even if steroid-enhanced, must be measured against his contemporaries, many (most?) of whom also were using steroids.
I am generally sympathetic to the argument, so long as it focuses on on-field behavior (I think off-field behavior is irrelevant and, to the extent Chafets relies on past greats' off-field behavior as evidence, I reject the consideration). And I agree that the visceral rejection of the use of science and chemicals to improve performance (while accepting and encouraging other ways of improving performance, including different science and different chemicals) is too short-sighted.
But I think Chafets ignores one point: Steroids are against the rules of baseball (also illegal more broadly, although I do not necessarily care about that), while these other substances were not specifically banned by baseball at the time. Rule 5 of the Hall Rules requires consideration of "integrity, sportsmanship, character," which must be understood as a prohibition on cheating within the game; cheating necessarily means breaking the rules. There is, I would argue, a difference between "doing what was necessary to stand above their peers" when it involved breaking the operating rules of the game (i.e., cheating) and when it did not. So, to the extent players were using steroids in violation of MLB rules, I disagree with Chafets' conclusion; to the extent they were not banned by the game (regardless of what federal law had to say about them), I think he has it about right.
I am generally sympathetic to the argument, so long as it focuses on on-field behavior (I think off-field behavior is irrelevant and, to the extent Chafets relies on past greats' off-field behavior as evidence, I reject the consideration). And I agree that the visceral rejection of the use of science and chemicals to improve performance (while accepting and encouraging other ways of improving performance, including different science and different chemicals) is too short-sighted.
But I think Chafets ignores one point: Steroids are against the rules of baseball (also illegal more broadly, although I do not necessarily care about that), while these other substances were not specifically banned by baseball at the time. Rule 5 of the Hall Rules requires consideration of "integrity, sportsmanship, character," which must be understood as a prohibition on cheating within the game; cheating necessarily means breaking the rules. There is, I would argue, a difference between "doing what was necessary to stand above their peers" when it involved breaking the operating rules of the game (i.e., cheating) and when it did not. So, to the extent players were using steroids in violation of MLB rules, I disagree with Chafets' conclusion; to the extent they were not banned by the game (regardless of what federal law had to say about them), I think he has it about right.
REAL MADRID : 80M€ IS THE PRICE FOR KAKA
The Italian daily “El Corriere dello Sport” – picked up locally by“Marca” & “AS”- insists that AC MILAN Brazilian star KAKA will bein REAL MADRID next season if two conditions are met:1. That Florentino Perez wins next months Presidential Clubelections – this is assured.2. That Real Madrid pay AC Milan 80M€ in transfer fee.(photo: Marca)Those 80M€ will go towards closing the more than 66M€
A Brief History of Kettlebells
A Brief History of Kettlebells
John Wood's fantastic video from Oldtime Strongman with an awesome collection of Kettlebell pics from the past.
Got everything moved to the new house yesterday!
Was a training session in itself, nearly destroyed the van with my 1 tonne of training gear..... more to follow soon!
A Brief History of Kettlebells
John Wood's fantastic video from Oldtime Strongman with an awesome collection of Kettlebell pics from the past.
Got everything moved to the new house yesterday!
Was a training session in itself, nearly destroyed the van with my 1 tonne of training gear..... more to follow soon!
A Brief History of Kettlebells
SFS FLASHBACKS - THE MICHEL "PHANTOM GOAL" WORLD CUP 1986 : SPAIN 0 BRAZIL 1
It was the 1986 World Cup in Mexico, SPAIN meet BRAZIL in itsGroup D game. Spain had on paper one of the most impressiveteams in its history & the expectations were high until the cameacross Referee Christopher Bambridge & the bad luck that hadfollowed the National Side until recent times.The game finished 0-1 in Brazil´s favour but the “phantom” goalby Real Madrid winger MICHEL was disallowed
Friday, May 22, 2009
REAL MADRID DISMISSES AN AGREEMENT WITH CRISTIANO RONALDO ON ITS WEB. DO YOU BELIEVE IT?
SFS knows, yes I know. Your absolutely tired of the speculations &rumours that appear daily in reference to CRISTIANO RONALDO &REAL MADRID. The player continually flirts with a categorical NO,and then he drops a line that has a cryptic inclining that leaves youwondering. The media in England & especially in Spain areconvinced & have been for months that there is a pre-contractsigned by the player
SERGIO ANSENJO CLOSER TO ATLETICO DE MADRID
SERGIO ANSENJO is the name & Spanish daily “AS” publish thatATLETIOCO DE MADRID Directives are close to shutting a dealwith VALLADOLID for the goalkeeper. The current Atletico goalieLeo Franco has announced that he will not continue next seasonwith his new destination being Turkish Club Galatasaray & theClub has began work to find a suitable substitute for the Argentine.(photo: Carlos Martinez/AS
Thursday, May 21, 2009
VIDEO: FABIO CANNAVARO FAREWELL - GRAZIE MILLE!
REAL MADRID Italian Captain & International World Championdefender FABIO CANNAVARO gave a press conference today tosay farewell formally from Spanish Football & fans. The Italianwill play his last game this weekend against Mallorca in front ofhis home crowd at the Santiago Bernabeu. Here is the video for those interested & fans through the planet:Here is a brief translated summary of his words:.
MARKETING: NEW FC BARCELONA UNIFORMS & NEW TV SPOT - "SOMOS UNO" ( WERE ONE)
Barcelona based papers “Mundo Deportivo” & “Sport” gives us alook at the new FC BARCELONA shirt that recovers its traditionalstripped look. While the second – or away – uniform has a “mango”coloured look as shown in the images. Both maintain the Cataloniaflag, but this time at the back of the shorts. Another detail is theappearance in the inner stitching with the label in Catalan - “Mesque un
FC BARCELONA: INIESTA & HENRY LOOKING GOOD FOR CHAMPIONS LEAGUE FINAL
All the news from “Camp Barça” indicates that it’s all good. Twovital pieces in the FC BARCELONA line-ups are evolving favourablyfrom their injuries & everything indicates that they will be present,available & roaring to go for Barça at the upcoming 27th of MayChampions League Final against MANCHESTER UNITED.(photo: elmundo.es)ANDRES INIESTA & THIERRY HENRY were in doubt 10 days ago, &along with
JOSE MOURINHO AN OPTION FOR REAL MADRID AFTER WENGER SAYS NO
REAL MADRID ex – President, & now again candidate for nextmonths Presidential Club elections, FLORENTINO PEREZ isexpected to win by a historical landslide & thus we can speak ofhim & his plans for Real as one. A vital piece in the future plansof the Club is WHO will be the new Coach next season & hereMr.Perez has been negotiating with ARSENE WENGER the desiredman & thought off as ideal. However,
Wednesday, May 20, 2009
Strongman Adam Interview 3
Strongman Adam Interview 3
Another great interview (Part 3) from Josh Hanagarne and Adam Glass
Part 3
Inspirational stuff
Another great interview (Part 3) from Josh Hanagarne and Adam Glass
Part 3
Inspirational stuff
Will Michael Vick Return to the NFL?
I have a new SI.com column on this topic. Here's an excerpt.* * *
What will Goodell do? He appears poised to reinstate Vick for the 2009 season, though probably with onerous strings attached, such as Vick facing permanent expulsion should he get into any trouble. Without expressly saying so, Goodell has laid out a roadmap for Vick's reinstatement. He has conditioned reinstatement upon Vick showing genuine remorsefulness. Goodell also expects Vick to demonstrate that he has learned from his mistakes and that he can be a positive influence going forward.To read the rest, click here. Also, I'll be interviewed on CNN tomorrow morning on the network's "American Morning" program (its broadcast between 6 and 9 a.m.) to discuss Vick's future. The interview may also air later in the day on CNN's other programs and Headline News. Hope you can watch.For his part, Vick has acknowledged that he committed "heinous" acts, has expressed sorrow for them and offered a desire to become a better person for himself and others. In other words, Vick and his advisers seem aware of the commissioner's expectations and are trying to meet them.
In addition, and from a purely economic standpoint, the NFL may regard Vick's return as beneficial to its bottom line. Still only 28 and just three years removed from the Pro Bowl, Vick likely remains a dynamic player. He may also remain marketable, perhaps very marketable. After-all, in spite of his embarrassing lapses in judgment, including those with legal consequences (e.g., the "Ron Mexico"/genital herpes matter), Vick has a track record for attracting consumers' dollars.Consider the tens of millions of dollars Vick earned from endorsement deals with Nike, Coca-Cola, Kraft, and other companies -- companies that saw Vick misbehave and then listened to social critics lambast him, and yet they still deemed Vick to be a good investment. Or consider that Vick's #7 Falcons jersey was consistently among the top-selling NFL jerseys during his heyday. Although Vick's prison time and dog abuse crimes have unquestionably and, in some ways, irreversibly tarnished his reputation, the jury is still out as to whether consumers would again find it worthwhile to invest dollars in him.
* * *
SFS FLASHBACKS: 1994 EUROPEAN CUP FINAL - FC BARCELONA 0 AC MILAN 4
With the upcoming 2009 EUROPEAN CUP Final (now UEFAChampions League Final) due Wednesday the 27th of May atRome between FC BARCELONA & MANCHESTER UNITED, SFShas recovered a FLASHBACK historical moment in Spanish(World) Football.It was 1994 in Athens GREECE, & FC BARCELONA met AC MILANin the final of the European Cup. Barça arrived as the “favourites”under Coach Johan Cruyff & his “Dream Team”,
"Redskins" Case and the Dangers of "Reply All"
After the Washington Redskins won at the D.C. Circuit last week, which I discussed here, the team's law firm learned a valuable lesson in the dangers associated with the "reply all" function of Microsoft Outlook. The legal gossip blog Above-the-Law has a series of e-mails exchanged by lawyers at the victorious law firm.
DIEGO FORLAN CURRENTLY THE BEST & MOST EFFECTIVE PLAYER IN THE WORLD ACCORDING TO FTBL
Football (Soccer) as with all the other Sports, has numerousmeasurement criteria to assess seasons, Leagues, Clubs & Players.The more “official” ones are the FIFA (e.g. IFFHS) & UEFA statistics& Rankings,plus the prestigious World Football press like “L´Equipe”or “World Football Magazine” prizes. Added to these there arePlayers Union prizes, plus Web fan voting platforms on differentcategories.
Tuesday, May 19, 2009
JUVENTUS ANNOUNCE THE SIGNING OF CANNAVARO: CIAO Y GRAZIE
It´s official REAL MADRID Italian defender FABIO CANNAVAROwill leave at the end of this season for Italy. The Italian ClubJUVENTUS has informed the media that the International Captainhas signed a 1 year deal that will secure (or attempt to) hispresence in the World Cup of South Africa next year willcompetition at the highest level.(photo: elmundo.es)Cannavaro leaves after 3 years at Real Madrid
Adam T Glass Interview
Adam T Glass Interviewed by Josh Hanagarne (World's Strongest Librarian)
Adam had been a real inspiration to many people, myself being one of his big fans and a real motivation to me keep moving the barrier higher and getting stronger. Add to this he has time for people who want to hit goals and be better.
Josh Hanagarne from 'World's Strongest Librarian' interviewed Adam and delved deep into the thoughts and ideas of Adam T Glass.
This is awesome stuff! Read it!
Part 1
American fitness, the hardstyle strength system, and some of the physical challenges currently faced by the US military.
Part 2
During this installment, Adam talks about his gym (Unbreakable Fitness), why he enjoys helping people get stronger, and the highs and lows the Internet has made possible.
Mr Glass doing what he does, incredible!
Adam T Glass Interview
Adam had been a real inspiration to many people, myself being one of his big fans and a real motivation to me keep moving the barrier higher and getting stronger. Add to this he has time for people who want to hit goals and be better.
Josh Hanagarne from 'World's Strongest Librarian' interviewed Adam and delved deep into the thoughts and ideas of Adam T Glass.
This is awesome stuff! Read it!
Part 1
American fitness, the hardstyle strength system, and some of the physical challenges currently faced by the US military.
Part 2
During this installment, Adam talks about his gym (Unbreakable Fitness), why he enjoys helping people get stronger, and the highs and lows the Internet has made possible.
Mr Glass doing what he does, incredible!
Adam T Glass Interview
REAL MADRID: FRANCK RIBERY MAKES CRISTIANO RONALDO NERVOUS?
On today’s front page of the Spanish sports daily “Marca” the titlereads “Ribery Makes Cristiano Ronaldo Nervous”. Withoutreading the article – as it’s not available on their site as yet - &thinking about it, if I was Cristiano Ronaldo I would be very uneasyas well. Let’s recap the history & how things are going with thisdrawn-out saga.The month’s long media stories are that CRISTIANO RONALDO
CHAMPIONS LEAGUE FINAL 2009: PSYCHOLOGICAL GOAL FOR FC BARCELONA OVER MANCHESTER UNITED
With the CHAMPIONS LEAGUE - EUROPEAN CUP - FINAL still in the future & down for the 27th of May, FC BARCELONA has already scored a pyschological goal over its rivalMANCHESTER UNITED. The latter will have to wear its whiteaway uniform, while Barça plays with its traditional gear.This may not be important at all, but everything helps as its going to be a tough affair for Barcelona. But Coach
WADA-code in the EU
The World Anti-Doping Agency (WADA) is the foundation which has been established to promote, coordinate and monitor the fight against doping in all forms of sport. In pursuing this aim WADA cooperates with intergovernmental organizations, governments, public authorities and other public and private bodies fighting against doping in sport.
One of the most important tools for WADA in the fight against doping in sport is the implementation of a harmonized set of anti-doping rules, the World Anti-Doping Code (the Code). Pursuant to the Code drug-testers must be able to administer out-of-competition tests anytime and anywhere without prior notice. This is believed to be an effective deterrent against drugs cheats. The key provisions of the Code are that athletes must:
- Provide whereabouts and be subject to testing 24 hours a day, 7 days a week, 365 days a year;
- Identify their location for each day in the following three months and update it should it change; and
- Specify one hour each day between 6am and 11pm during which they can be located at a specified location for testing.
According to the "Council of Europe Anti-doping Convention" anti-doping controls should be carried out at appropriate times and by appropriate methods without unreasonably interfering with the private life of a sportsman. In the light of the above, the information to be provided concerning the whereabouts should be clearly determined by taking into account the requirements of the principles of necessity and proportionality with respect to the purposes of out of competition testing and avoiding the collection of information that might lead to undue interference in athletes' private lives or reveal sensitive data on athletes and/or third parties.
Furthermore it is also being discussed whether the whereabouts imply a breach of the European privacy laws, namely, the right to privacy and family life under the provisions of article 8 of the European Convention on Human Rights of 1950. Legal challenges under Data Protections Laws and the EU Working Time Directive are being considered. These regulations provide that every employee is entitled to 20-24 days of annual holiday. Regarding the whereabouts, if an athlete has to make himself available for a drug test 365 days a year, how can the whereabouts comply with this legal provision?
Legal rulings within the next months/years will probably determine the outcome of the discussion. A group of 65 athletes, cyclists, footballers and volleyball players has already filed a complaint with the Belgium's Council of State. If the case is successful in Belgium, it could undermine the work of the World Anti-Doping Agency and be used as a precedent to contest the ruling in other courts around the world.
Monday, May 18, 2009
MANCHESTER CITY WILLING TO FORK OUT 40M€ FOR GONZALO HIGUAÍN.
News from English Paper the “Daily Star” has published thatMANCHESTER CITY would like to have REAL MADRID forwardGONZALO HIGUAIN next season. The Premier League Club issaid to be willing to offer 40M€ for the Argentine & thus helpthe Real Madrid bank account as it is planning to “let loose”soon in new signings for next season.However, although the offer is very succulent, SFS doubts thatHiguain
Alternating Kettlebell SOTS Press
AOS Minute of Strength Video
Alternating Kettlebell SOTS Press
As if the kettlebell SOTS press wasn't hard enough, this is a real challenge.
Did a few sets of single bell SOTs press the other day in one of my 'mini workouts'
Although the movement is hard I love the SOTS for stretching out the hips and giving my back a real good workout.
Alternating Kettlebell SOTS Press
Alternating Kettlebell SOTS Press
As if the kettlebell SOTS press wasn't hard enough, this is a real challenge.
Did a few sets of single bell SOTs press the other day in one of my 'mini workouts'
Although the movement is hard I love the SOTS for stretching out the hips and giving my back a real good workout.
Alternating Kettlebell SOTS Press
XABI ALONSO & PEPE REINA PROMO NEW LIVERPOOL FC AWAY KIT
Do not give free promo to giant sporting wear multinationals, butthis marketing viral does have two Spanish International Footballplayers: Xabi Alonso & Pepe Reina, plus it´s well done. The “giant”in question is promoting LIVERPOOL FC new away kit:"Giant", pls send me a email so I can pass you my bank account for the promo fee transfer!
HAPPY, WONDERFUL & CAREFREE - THAT´S MY DREAM TO PLAY AT REAL MADRID
The local press is heavily criticising the attitude & "professionalism"of the REAL MADRID team players after their chances of winningthe Spanish League were swashed when they lost 2-6 to FCBarcelona. Since then the team has lost its two following gameswith clear signs of relaxation with a “care-free” attitude. Not theimage that the Club wishes to highlight even if the “Liga”sub-Championship is
ARSENE WENGER STILL A POSSIBILITY FOR FLORENTINO PEREZ?
He said NO to Real Madrid in 2003 & 2006.The speculative Spanish sporting daily “AS” publish that thepossibility of ARSENAL Manager ARSENE WEGNER changing teamsfor REAL MADRID is still a viable option. According to “AS” RealMadrid Presidential candidate Florentino Perez has not given in& wishes to have Wenger direct the Spanish Club, & has his manJorge Valdano is talking to convince the French
Sunday, May 17, 2009
On Jeremy Mayfield: You’ve Got a Fast Car, and an Unusual Drug Policy.
Let me start this post about Jeremy Mayfield’s indefinite suspension for violating NASCAR’s new drug policy with two admissions. First, for many years, my favorite stock car driver was Cole Trickle. Second, I have found myself shouting “shake and bake”(in my head) after making a good point in class. Over the past few years, however, I have gained a new appreciation for NASCAR and real stock car drivers, and Trickle has slipped out of my top spot (I’m not ready to give up on shake and bake yet).
Now, on to the Mayfield situation. Most of you have probably read the stories by now, but here’s a quick recap of some of the key facts. For nearly twenty years, NASCAR only tested drivers if there were a “reasonable suspicion” that the driver was using drugs. In 2007, a push was made—both by NASCAR drivers and NASCAR management—for a stricter drug policy after Aaron Fike admitted that he had used heroin on days when he was competing in a NASCAR Truck series race. Fike was not suspended by NASCAR until after he was arrested for possession of heroin in July 2007.
NASCAR’s new, stricter drug policy was revealed on September 20, 2008. The reason for implementing a stricter policy was clear—a driver under the influence of drugs racing at speeds well over 100 miles per hour presents a danger (Grave danger? Is there another kind?) to himself, other drivers and fans.
Under the new regime, which began on January 1, 2009, drivers and pit crew members will undergo mandatory preseason drug tests and random drug tests throughout the year, in addition to reasonable suspicion testing. Additionally, AEGIS, an independent laboratory, will conduct the drug tests for NASCAR, unlike under the previous policy, where NASCAR itself did (or, more commonly, did not do) the testing. Without question, these are all positive changes designed to make drug testing more effective and deception more difficult.
So, what’s the problem, and where’s the controversy? Well, NASCAR’s new policy has a few other interesting features. First, the policy does not identify the substances that are banned. Any drug—legal or illegal, prescription or over-the-counter—can result in a positive test. Second, the policy does not provide a clear list of penalties for failed tests. Instead, the policy indicates that a driver will be indefinitely suspended for a first violation and suspended permanently for a third violation, but NASCAR officials have noted that the policy allows for a permanent suspension for a first offense. Third, the policy provides no appeal for a suspended driver or crewmember. And, any reinstatement—if permitted at all—is conditioned on the entrance into a rehabilitation program.
So, to sum up, under NASCAR’s new drug policy, drivers can be suspended indefinitely, without appeal, for using an unspecified quantity of an unnamed drug. That is essentially what happened to Jeremy Mayfield earlier this month. The Mayfield saga (or is still the Mayfield story? When does something like this convert from a story to a saga?) allows us to focus on two questions:
First, why would NASCAR create a drug policy that does not have a list of banned substances (aka, who was the ad wizard who came up with that drug policy?)? If drug use by drivers is so dangerous, why not provide a list to the drivers of the drugs known to be dangerous? One obvious is answer is: because they can. Unlike in most of the other pro sports in the U.S., the players (here, drivers) had no input into the drug policy. In fairness, many of the drivers seem to support the new policy, though my guess is that Mayfield is not one of them.The other reason for a drug policy with no drug list comes straight from NASCAR:
NASCAR’s reasoning is simple—every drug is potentially harmful, so drivers should assume that every drug is off limits. If NASCAR were to come up with a list, it would look like this: Banned Substances: Everything. Of course, the same argument could be made by other sports organizations, yet the drug policies of the World Anti Doping Agency and all of the major professional sports leagues in the U.S. contain lists of banned substances.
Second, does the absence of a list increase the likelihood that Mayfield (or the next suspended driver) could successfully challenge the suspension in court? The short answer is: yes. I’m not claiming that Mayfield could successfully challenge the suspension, but I do think he has a stronger case because there is no list. NASCAR’s concern for safety is laudable, and they are no doubt right that abuse of any drug, whether it is cocaine, Sudafed, or Tylenol PM, can be dangerous when combined with cars moving at 150 miles per hour. The question is, do NASCAR’s legitimate concerns justify the creation of a drug policy with no list of banned drugs? And, if not, is there anything a potential plaintiff like Mayfield can do about it?
As a general rule, courts are reluctant to interfere with the disciplinary decisions of private, voluntary associations, such as NASCAR. Under this principle of judicial noninterference, courts will defer to private associations and only interfere in one of three circumstances: 1) when the association’s rules or conduct are contrary to public policy or violate concepts of fundamental fairness; 2) when the association violates its own rules; or 3) when the association’s decision is motivated by prejudice, bias, or bad faith.
Here, however, Mayfield has a stronger argument for judicial interference because NASCAR is not the typical voluntary, private association. In two different cases involving challenges to the results of NASCAR races, the Second Circuit held that NASCAR is entitled to less deference because it is “a for-profit company that completely dominated the field of stock car racing and…its members have no rights whatsoever with respect to the internal governance of the organization.” See Crouch v. NASCAR, 845 F.2d 397, 401 (2d Cir. 1988); Koszela v. NASCAR, 646 F.2d 749 (2d Cir.1981). The Second Circuit also noted “courts have demonstrated more of a willingness to intervene in the internal matters of private associations when they conclude that there are inadequate procedural safeguards to protect members' rights.” Crouch, 845 F.2d at 401.
Mayfield could thus argue that NASCAR’s list-less drug policy is contrary to public policy and violates concepts of fundamental fairness. Rules must be sufficiently clear to permit people to draw a clear line between permissible and impermissible conduct, so that they may avoid engaging in unlawful behavior. An argument can be made that it is fundamentally unfair to punish someone for engaging in conduct they did not know was unlawful. If NASCAR wants to protect its drivers and fans, it should provide more information, not less, about what types and quantities of drugs might pose a threat to safety. (NASCAR’s response, of course, will be that the drivers should know that use of any drug might violate their drug policy, so they should avoid all drug use—prescribed or not—before getting approval from NASCAR officials.)
Mayfield could also argue that the absence of any explicit standards for identifying a positive drug test permits the drug administrators to apply the drug policy subjectively and on an ad hoc basis. And, with no rules to follow, the drug administrators are more likely to be able to make arbitrary and discriminatory decisions. With no standards, no list, and no right of appeal, Mayfield has an argument that NASCAR does not have adequate procedural safeguards in place to protect the rights of suspended drivers.
More on this (and my discussion of the relative merits of RC Pro Am and Mario Kart) to come…
Now, on to the Mayfield situation. Most of you have probably read the stories by now, but here’s a quick recap of some of the key facts. For nearly twenty years, NASCAR only tested drivers if there were a “reasonable suspicion” that the driver was using drugs. In 2007, a push was made—both by NASCAR drivers and NASCAR management—for a stricter drug policy after Aaron Fike admitted that he had used heroin on days when he was competing in a NASCAR Truck series race. Fike was not suspended by NASCAR until after he was arrested for possession of heroin in July 2007.
NASCAR’s new, stricter drug policy was revealed on September 20, 2008. The reason for implementing a stricter policy was clear—a driver under the influence of drugs racing at speeds well over 100 miles per hour presents a danger (Grave danger? Is there another kind?) to himself, other drivers and fans.
Under the new regime, which began on January 1, 2009, drivers and pit crew members will undergo mandatory preseason drug tests and random drug tests throughout the year, in addition to reasonable suspicion testing. Additionally, AEGIS, an independent laboratory, will conduct the drug tests for NASCAR, unlike under the previous policy, where NASCAR itself did (or, more commonly, did not do) the testing. Without question, these are all positive changes designed to make drug testing more effective and deception more difficult.
So, what’s the problem, and where’s the controversy? Well, NASCAR’s new policy has a few other interesting features. First, the policy does not identify the substances that are banned. Any drug—legal or illegal, prescription or over-the-counter—can result in a positive test. Second, the policy does not provide a clear list of penalties for failed tests. Instead, the policy indicates that a driver will be indefinitely suspended for a first violation and suspended permanently for a third violation, but NASCAR officials have noted that the policy allows for a permanent suspension for a first offense. Third, the policy provides no appeal for a suspended driver or crewmember. And, any reinstatement—if permitted at all—is conditioned on the entrance into a rehabilitation program.
So, to sum up, under NASCAR’s new drug policy, drivers can be suspended indefinitely, without appeal, for using an unspecified quantity of an unnamed drug. That is essentially what happened to Jeremy Mayfield earlier this month. The Mayfield saga (or is still the Mayfield story? When does something like this convert from a story to a saga?) allows us to focus on two questions:
First, why would NASCAR create a drug policy that does not have a list of banned substances (aka, who was the ad wizard who came up with that drug policy?)? If drug use by drivers is so dangerous, why not provide a list to the drivers of the drugs known to be dangerous? One obvious is answer is: because they can. Unlike in most of the other pro sports in the U.S., the players (here, drivers) had no input into the drug policy. In fairness, many of the drivers seem to support the new policy, though my guess is that Mayfield is not one of them.The other reason for a drug policy with no drug list comes straight from NASCAR:
The reason we don't have a list is we believe that a list is restrictive. As you've seen with a lot of other leagues, the policy is constantly changing. We know that there's new drugs out there every day. By having a broad policy that doesn't list anything, we feel like we can test for any substance that may be abused….Or, as Kyle Petty put it: "Look, a drug is a drug is a drug. This is not shooting hoops; this is not hitting a fastball. This is life and death. In a sport like this, everything should be off limits unless there is a medical reason."
I want to be clear on that. We've never had a list. It states right now in our policy that cough medicine could be abused if you're taking that too much and it's going to affect the safety on the racetrack. That won't change. We'll test for anything. Our experts are very familiar with prescriptions people may be taking and legitimate medications, but we will not have a list.
NASCAR’s reasoning is simple—every drug is potentially harmful, so drivers should assume that every drug is off limits. If NASCAR were to come up with a list, it would look like this: Banned Substances: Everything. Of course, the same argument could be made by other sports organizations, yet the drug policies of the World Anti Doping Agency and all of the major professional sports leagues in the U.S. contain lists of banned substances.
Second, does the absence of a list increase the likelihood that Mayfield (or the next suspended driver) could successfully challenge the suspension in court? The short answer is: yes. I’m not claiming that Mayfield could successfully challenge the suspension, but I do think he has a stronger case because there is no list. NASCAR’s concern for safety is laudable, and they are no doubt right that abuse of any drug, whether it is cocaine, Sudafed, or Tylenol PM, can be dangerous when combined with cars moving at 150 miles per hour. The question is, do NASCAR’s legitimate concerns justify the creation of a drug policy with no list of banned drugs? And, if not, is there anything a potential plaintiff like Mayfield can do about it?
As a general rule, courts are reluctant to interfere with the disciplinary decisions of private, voluntary associations, such as NASCAR. Under this principle of judicial noninterference, courts will defer to private associations and only interfere in one of three circumstances: 1) when the association’s rules or conduct are contrary to public policy or violate concepts of fundamental fairness; 2) when the association violates its own rules; or 3) when the association’s decision is motivated by prejudice, bias, or bad faith.
Here, however, Mayfield has a stronger argument for judicial interference because NASCAR is not the typical voluntary, private association. In two different cases involving challenges to the results of NASCAR races, the Second Circuit held that NASCAR is entitled to less deference because it is “a for-profit company that completely dominated the field of stock car racing and…its members have no rights whatsoever with respect to the internal governance of the organization.” See Crouch v. NASCAR, 845 F.2d 397, 401 (2d Cir. 1988); Koszela v. NASCAR, 646 F.2d 749 (2d Cir.1981). The Second Circuit also noted “courts have demonstrated more of a willingness to intervene in the internal matters of private associations when they conclude that there are inadequate procedural safeguards to protect members' rights.” Crouch, 845 F.2d at 401.
Mayfield could thus argue that NASCAR’s list-less drug policy is contrary to public policy and violates concepts of fundamental fairness. Rules must be sufficiently clear to permit people to draw a clear line between permissible and impermissible conduct, so that they may avoid engaging in unlawful behavior. An argument can be made that it is fundamentally unfair to punish someone for engaging in conduct they did not know was unlawful. If NASCAR wants to protect its drivers and fans, it should provide more information, not less, about what types and quantities of drugs might pose a threat to safety. (NASCAR’s response, of course, will be that the drivers should know that use of any drug might violate their drug policy, so they should avoid all drug use—prescribed or not—before getting approval from NASCAR officials.)
Mayfield could also argue that the absence of any explicit standards for identifying a positive drug test permits the drug administrators to apply the drug policy subjectively and on an ad hoc basis. And, with no rules to follow, the drug administrators are more likely to be able to make arbitrary and discriminatory decisions. With no standards, no list, and no right of appeal, Mayfield has an argument that NASCAR does not have adequate procedural safeguards in place to protect the rights of suspended drivers.
More on this (and my discussion of the relative merits of RC Pro Am and Mario Kart) to come…
SPANISH FOOTBALL - LA LIGA 2008/09 - ROUND 36 SUNDAY GAMES RESULTS
Just in. Drove back from Gijón to Madrid listening to the radio,all the games & results of the Sunday Round 36 clashes. Great news, for ATLETICO DE MADRID fans, as they defeated 1-0VALENCIA CF to place them into the last avaiable Champions Leaguetable position with a 2ºpoint margin over Valencia. Great gamefrom Atletico who were inspired with a massive home ground supportwith a goal from DIEGO
Wipe on Wipe Off Cleaning For Sport
Wipe on Wipe Off Cleaning For Sport
'Wipe on Wipe off'
I feel like Karate Kid (wax on wax off)!
Spent the whole weekend cleaning the new gaff!
More cleaning = training in new gym sooner.
Always trying to find something good in everything - I feel there is something to be said for cleaning walls in a circular motion and shoulder health. Give it a try if you're man enough.
Anyways will get the bells over there soon and be on with some proper training
'Wipe on Wipe off'
I feel like Karate Kid (wax on wax off)!
Spent the whole weekend cleaning the new gaff!
More cleaning = training in new gym sooner.
Always trying to find something good in everything - I feel there is something to be said for cleaning walls in a circular motion and shoulder health. Give it a try if you're man enough.
Anyways will get the bells over there soon and be on with some proper training
FC BARCELONA "LIGA" CHAMPIONS 2008-2009 & VIDEO OF VILLAREAL 3 - REAL MADRID 2
With yesterdays 3-2 loss to Villareal, REAL MADRID made FCBARCELONA mathematically the "Liga" Champions for the2008/ 2009 season. The celebrations & the fans exploded withjoy throughout the streets of the city of Barcelona with chantsuntil th early hours of this morning. (celebrations at Barcelona: photo Marca)FC Barcelona play Real Mallorca tonight resting Messi, Toure, Pique, Puyol & Busquets.
Saturday, May 16, 2009
"Tie goes to the runner" and other myths
I recently have been reading journalist Bruce Weber's book, As They See 'Em: A Fan's Travels in the Land of Umpires. It is a fun read, providing great insight into the history, politics, and nuances of umpiring. I was interested in it for the insight it may shed on the much-despised judge-umpire analogy, this time from the umpire perspective. I may write a book review on it, focusing on the analogy and what it teaches us about that.
For now, I wanted to mention one thing that caught my eye. As far back as Little League, we learned (and constantly repeated whenever there was a close play) that "the tie goes to the runner." Apparently, this is false. Rule 7.01 states that "A runner acquires the right to an unoccupied base when he touches it before he is out." Thus, the runner is out unless he beats the throw and/or tag to the base.
This is an interesting example of default rules and burdens of persuasion in action. The default is that the runner is out unless he affirmatively beats the throw. In a sense, the runner has the burden of proof that he is safe and his failure to meet his burden (his failure to beat the throw) means he is out. Weber does not get into the origins or rationale for the rule or the origins of the myth. But it is one more thing that umpires do that we do not understand.
For now, I wanted to mention one thing that caught my eye. As far back as Little League, we learned (and constantly repeated whenever there was a close play) that "the tie goes to the runner." Apparently, this is false. Rule 7.01 states that "A runner acquires the right to an unoccupied base when he touches it before he is out." Thus, the runner is out unless he beats the throw and/or tag to the base.
This is an interesting example of default rules and burdens of persuasion in action. The default is that the runner is out unless he affirmatively beats the throw. In a sense, the runner has the burden of proof that he is safe and his failure to meet his burden (his failure to beat the throw) means he is out. Weber does not get into the origins or rationale for the rule or the origins of the myth. But it is one more thing that umpires do that we do not understand.
Abs Stability Kettlebell Shooters with Swiss Ball
Abs Stability -Kettlebell Shooters with Swiss Ball
From IronMemento
Great idea for creating instability (inverted kettlebells) with a swiss ball 'Pike Style' movement -nice one!
From IronMemento
Great idea for creating instability (inverted kettlebells) with a swiss ball 'Pike Style' movement -nice one!
SPANISH FOOTBALL - LA LIGA 2008/09 - ROUND 36 SATURDAY GAMES RESULTS. FC BARCELONA CHAMPIONS
After 3 games played tonight of Round 36 of "La Liga", FCBARCELONA are mathematically CHAMPIONS of this seasonsSpanish 1º Division after Real Madrid lost its match against Villareal. Tomorrow Barça plays with the maximum tranquilityknowing they have the title already in the bag. Celebrations willbe assured in Barcelona as they take their second title this season.It´s natural. Rumours &
REAL MADRID: AGREEMENT & DEAL SHUT WITH KAKA
The first "Galactic" signing.The "speculative" sporting paper "AS" & "Marca" today publishesthat sources close to them have confirmed that REAL MADRIDcandidate Florentino Perez has a deal spoken, agreed & shut withBrazilian player KAKA. To give credibility to their story theypublish figures: a 5 year contract, 12M€ gross (9M€ net) salary perseason, Kaka´s representative & father Bosco receives
Friday, May 15, 2009
"Redskins" win (again), for now
I've previously blogged about challenges to the trademark registration of the Washington "Redskins". Via How Appealing, the DC Circuit has once again affirmed the dismissal of plaintiffs' challenge to the trademark because of laches in the Harjo case (for a discussion of the issues, see this law.com piece). The court's decision is here. The decision does not touch on the substance of the plaintiffs' claims, which may yet be addressed in future litigation.
UPDATE (May 16): The bloggers at the Volokh Conspiracy have four posts up on the issue:
UPDATE (May 16): The bloggers at the Volokh Conspiracy have four posts up on the issue:
The Ethics of Naming Sports Teams After Ethnic Groups
"'I Am a Red-Skin': The Adoption of a Native American Expression (1769-1826)"
REAL MADRID: FLORENTINO PEREZ IS BACK - SO NOW WHAT?
Todays Spanish Sporting press dedicates a great part of its pagesto the return of ex REAL MADRID President Florentino Perez tothe Spanish Football scene & the impact that will have withincoming new players to "La Liga" & naturally Real Madrid. TheReal Madrid Presidential candidate, who is expected to win by amassive landslide, has already hinted that Jorge Valdano will behis right-hand man along
Thursday, May 14, 2009
SPANISH FOOTBALL BRIEFS: FC BARCELONA, FLORENTINO PEREZ & DAVID SILVA
Hi guys, I am alive. After walking 32 km with a backpack of 10kilos, I am back hooking up from a online connection in the Northof Spain. My attempt was a fail, as the objective was 75 km, butas always the experience was much greater than the aim & the new friends were the real prize. I am recovering now from feetblisters, leg muscle problems & burnt lips, but here to give theSFS readers a quick
Mini Workouts
Mini Workout Sessions
Getting keys to the new house tomorrow, which means better workouts (after getting settled in that is) and more strength and more fitness. I will be able to lift overhead indoors too (can't wait for this)
So, I'm still suffering with my training due to lack of time but have been doing mini workouts, which is better than plain zero.
What is a mini workout?
My mini workouts consist of literally 5 to 10 mins of kettlebell swings or some card tearing and phone book ripping (maybe I should say attempting to rip phone books whcih is good for the hands)
Last nights mini workout consisted of 60kg lowe kb swings 2 x 20 and 24kg sots press 5 singles left and right.
Hopefully I will maintain some strength and fitness with this before I can ccrack on with my Adam T Glass challenge. 50+50 32kg kettlebell snatch GS style and also VWC training.
Got my Gymboss interval timer yesterday so this should help with that
Getting keys to the new house tomorrow, which means better workouts (after getting settled in that is) and more strength and more fitness. I will be able to lift overhead indoors too (can't wait for this)
So, I'm still suffering with my training due to lack of time but have been doing mini workouts, which is better than plain zero.
What is a mini workout?
My mini workouts consist of literally 5 to 10 mins of kettlebell swings or some card tearing and phone book ripping (maybe I should say attempting to rip phone books whcih is good for the hands)
Last nights mini workout consisted of 60kg lowe kb swings 2 x 20 and 24kg sots press 5 singles left and right.
Hopefully I will maintain some strength and fitness with this before I can ccrack on with my Adam T Glass challenge. 50+50 32kg kettlebell snatch GS style and also VWC training.
Got my Gymboss interval timer yesterday so this should help with that
Wednesday, May 13, 2009
Andrew Oliver Scores Another Victory in Oliver v. NCAA
Back in February, an Ohio state court ruled in favor of Oklahoma State University star pitcher Andrew Oliver in his lawsuit against the NCAA (a decision that the NCAA will undoubtedly appeal once the trial is complete). Oliver had been suspended by OSU after news emerged that, years earlier, he had met with Minnesota Twins representatives with his attorneys while contemplating whether to retain his amateur status and attend college or turn pro after high school. Oliver contends the rule which prohibited that meeting interfered with his attorney-client relationship and was against public policy (For more background see Alan Milstein's post and posts by others, including one on the NCAA Compliance Blog and those with competing viewpoints from Rick Karcher and Tassos Kaburakis).
Yesterday, the same Ohio state court issued a ruling finding that there is probable cause that the NCAA is in indirect civil and criminal contempt of both a temporary restraining order, which had been issued last August, and the court's order in February. The NCAA has seven days to show why it should not be held in contempt.
The court has requested a variety of documents relating to NCAA communications with Oliver and other impacted parties. For more, including the court's discussion over the kinds of information that should be redacted, see this link.
Yesterday, the same Ohio state court issued a ruling finding that there is probable cause that the NCAA is in indirect civil and criminal contempt of both a temporary restraining order, which had been issued last August, and the court's order in February. The NCAA has seven days to show why it should not be held in contempt.
The court has requested a variety of documents relating to NCAA communications with Oliver and other impacted parties. For more, including the court's discussion over the kinds of information that should be redacted, see this link.
Tuesday, May 12, 2009
Keep It Simple Stupid
KISS - Keep It Simple Stupid
Showing off doesn't always work!
Here's a fine show of someone getting shown up in front of a crowd of people.
Just like kettlebell training. No need to be elaborate, keep it simple and you can't go wrong, usually
Showing off doesn't always work!
Here's a fine show of someone getting shown up in front of a crowd of people.
Just like kettlebell training. No need to be elaborate, keep it simple and you can't go wrong, usually
Roger Clemens' Interview on ESPN Radio
I have a new SI.com column on the legal implications of Roger Clemens' interview this morning on ESPN Radio's Mike & Mike in the Morning. An excerpt of the column is below.* * *
Clemens' decision to appear on Tuesday's radio program probably did not please his attorneys. Persons who are facing possible indictments and criminal trials are typically discouraged by their counsel from answering questions in the absence of legal protections. In addition, by reminding a national audience of the gravity of his alleged crimes and by unequivocally insisting that he is a victim of others' wrongdoing, Clemens makes it harder for the Justice Department to even consider dropping or moderating its case against him. In that same vein, Clemens' decision to appear on a national radio show suggests that his focus is on the "public trial of his reputation," which, if true, may ultimately harm his prospects in a criminal trial of his legal rights. Put another way, Clemens needs to put aside concerns about the public's disbelief in him and focus on the specific goals of defending himself from criminal conviction.* * *
To read the rest of the piece, click here.
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