NHL Labor Update: During the NHL All-Star weekend, much of the focus has naturally been on the impending labor show-down between the league and the players. Gary Bettman expressed cautious optimism in his State of the League address, urging patience from fans as a new Collective Bargaining Agreement is negotiated to ensure "stable franchises" and the ability of fans "to enjoy outstanding hockey entertainment at affordable prices." Bettman also stressed the goal of a "competitive environment in which their favorite team has just as good a chance of making the playoffs and possibly winning the Stanley Cup as any other team."



The players, on the other hand, sound much more defiant than they did at this point last year. Many players expect a shutdown of up to two years, and many have made plans to play in Europe or for the World Hockey Association. Players such as Jeremy Roenick believe that they have the better bargaining position:



"I think it [a shutdown] is scarier for the sport and for the owners than it is for the players," Roenick said. "The

players can play in Europe; they can play in different leagues. The owners? They can lose their franchises. They have

to deal with the buildings that sit empty.



"Is Buffalo going to stick around? Is Carolina going to stick around? Is Ottawa going to stick around? Calgary?

Edmonton? These teams are not going to be able to withstand one or two years [with no games]."



However, this may just be big talk from one player who is both a bonafide star and financially stable. For every franchise that folds, an additional 20 players will be out of work. In addition, players that are older or less talented could very well have their careers ended by a prolonged lay-off, with younger, more talented players ready to step in after play resumes. However, if players can indeed find work (albeit for much less pay) in other leagues, something not available to professional football or baseball players, the lock-out could have less of a dramatic impact and continue for years.



What the players must also realize is that with the league's current economics, a number of the franchises mentioned by Roenick could fold, anyway. The harsh reality of the NHL is that without a salary cap, smaller market teams, especially those run on the weaker Canadian dollar, will quickly be unable to compete with their larger-market opponents. NHL salaries are growing exponentially, but the league's revenue is not, creating a wide economic disparity.



Finally, both the leagues and the players must examine if the fans will still be here after two years. Fans in Canada will always love hockey; unfortunately, the real money for salaries is below the border. The last work stoppage to cancel a championship, in baseball in 1994, severely impacted the game's popularity and television ratings. However, while baseball had a strong base from which to fall, hockey stands on "thin ice" as it is. Ratings for hockey telecasts are well below those of the other "Big 4," as well as most golf tournaments and NASCAR races. The NHL has done good work building the league's popularity, especially in new markets, but newer fans will quickly turn to the NBA or college basketball to fill the winter sports months. When the game resumes, several franchises may fold and countless others could be facing years of financial ruin. Initially the burden will fall on the owners, but eventually the players will also be impacted.



The NHL has numerous problems, and it remains to be seen what shape the labor war will take. But one thing is for certain-- the NHL is headed for big change, one way or another.

More on Clarett: The fall-out on the Clarett case has been predictably widespread and conflicted. The NFL plans to appeal the case, but the only way to prevent Clarett and other underclassmen that declare for the NFL by March 1 from entering the April 24 draft is to have the original court or an appellate court issue a stay. However, even the league lawyers admit that thestay won't come in time.



How will the decision affect Clarett? The public reaction to his case is mixed, as evidenced by Espn.com Writer's Bloc, which lists Clarett among the five biggest legal players in sports history. Many columnists have noted that Clarett should not be vilified for his professional desires, especially when teenagers have turned pro in nearly every other major sport, including Freddy Adu joining the MLS at age 14. However, despite Clarett's declaration that he is ready to play in NFL, there are numerous questions about where Clarett will actually go in the draft. Citing his health and inexperience, some columnists think he may not be ready for the NFL and could be a second round pick at best.



How will the decision affect football? Agents are salivating at the chance to sign numerous draft hopefuls in their first or second year of college, with one describing the situation as a "free-for-all". This, of course, signifies the most pressing issue. A number of talented athletes will have friends and agents whispering in their ears about how they are a "lock" to be taken high in the draft. But by most accounts, the NFL is the professional league that represents the biggest step up from the college game, and it most definitely is a different game than the one played in high school. A number of athletes may be misled into believing that they can star, or even play, in the NFL, and once they are drafted or sign with an agent, college will be foreclosed forever. Thus, the greatest impact may be on the individual players. In addition, with limited roster sizes and the league's hard salary cap, teams will not have the patience for players to develop the needed skills normally obtained in three years of college games and practices.



In addition, there is the fear that the new rule will degrade the quality of play in the NFL, by adding players will less-defined skills, and also degrade college football by taking out the best talent. Critics point to the NBA and college basketball for an example of how this can happen.



Is it fair for Clarett to receive such criticism, when athletes in other sports turn professional at such a young age? Many argue that the distinction for basketball and football players, when players in baseball, hockey, golf and tennis routinely turn pro as teenagers, is nothing more than racism directed at the African-American stars. But the opposite argument is that the other leagues mentioned are either individual sports, thus quickly identifying those you can make it and those that cannot, or sports will development systems that can allow professional franchises to develop their younger players in the minor leagues before exposing them to the professional game. Neither the NFL nor the NBA has such a system and as a result, entering players are expected to produce at the highest level from day one.



Legally, the NFL probably should have lost. But as a sports fan, one is not unjustified in saying that a judge who has admitted to "never watching a football game" may have seriously harmed the top spectator sport in the US.

Golf Club Manufacturer Sues Nike: Despoir, Inc. (which has no website), a manufacturer of golf clubs, has filed suit against Nike, alleging that the sporting goods giant infringed three of its patents in making certain clubs, including the 'Nike CPR Wood.' The suit, Despoir Inc. v. Nike Inc., was filed in the Northern District of Illinois in December. Below are the links to the patents at issue.



U.S. Patent No. 6,248,026

U.S. Patent No. 6,139,446

U.S. Patent No. Des. 418,885

Administration Update: I have recently added syndication to the site (see the link in the right-hand box). If you experience any problems with it, please let me know.



Also, I apologize for the relatively few posts in the last week. My schedule will begin to calm down next week and I should be back to posting daily.

Clarett Cleared to Enter NFL Draft: A New York federal district court judge has ruled that the NFL's three year rule violates anti-trust law and "must be sacked." You can read the opinion here. I haven't read it all (because it is 71 pages) but I will post more later on the subject.



I assume that the NFL will appeal the decision, but I do not know how an appeal will affect Clarett's ability to enter this year's draft.

Super Bowl Halftime and First Amendment: Columbia Law professor Michael Dorf writes that the Jackson-Timberlake performance may be protected by the First Amendment, because it cannot be described as "obscene" under Miller v. California, nor "indecent" under FCC v. Pacifica (as applied in City of Erie v. Pap's).



Obviously, the case is not cut-and-dried and would make for a highly entertaining legal battle, should the FCC impose a sanction and the artists or networks appeal.

Final Four in Indianapolis Every Five Years: The NCAA reached a Memorandum of Understanding today with the Indiana Sports Corporation that will bring the Final Four to Indianapolis every fifth year until 2039, marking a significant change from the NCAA's traditional policy of cities bidding to host the lucrative championship. The city is also guaranteed the Women's Final Four, Men's and Women's preliminary round games and the NCAA Convention (one a year) for the four other years in the five-year cycle. It is unclear what guarantees the NCAA will receive (such as an exit clause) to ensure that the city continues to achieve the excellence required to host such a high-profile event.