Coming Soon: The Harvard Journal of Sports and Entertainment Law

Congrats are in order for a group of Harvard Law School students for receiving their law school's approval for an official new online law journal: the Harvard Journal of Sports and Entertainment Law. The editors of HJSEL are still putting everything together, but a website should soon be up and it is anticipated that HJSEL will publish one issue in its first year, likely next spring.

While HJSEL is not yet formally accepting article submissions, you can contact one of its editors, Ashwin Krishnan, for more information about submissions. There will be also additional information on Sports Law Blog.

HJSEL has been in the works for several years. For instance, while he was a student at Harvard Law School between 2002 and 2005, Mike Zarren, who served as Editor-in-Chief of the Harvard Journal of Law and Technology and who is now the Boston Celtics Assistant Executive Director of Basketball Operations and Associate Counsel, worked on a proposal for HJSEL and also wrote an early version of the constitution and bylaws. Our blog's founder, Greg Skidmore, also was involved with efforts to start a sports law journal while he was an HLS student from 2002 to 2005. There are many other folks who deserve credit as well. Kudos to all of them and to Ashwin and the current group of students for their persistence and creativity.

It is fitting that Harvard Law School add a sports and entertainment law review, as Professor Paul Weiler is considered by many to be the founder of U.S. sports law and entertainment law. Through the Committee on Sports and Entertainment Law, HLS has also an impressive history hosting terrific sports law symposia and speakers series. The law school has also produced a number of distinguished sports attorneys, including the aforementioned Mike Zarren, Jeffrey Pash (NFL's Executive VP & General Counsel), and Derrick Jackson (Florida Marlins' VP & General Counsel), among many others.

Speaking of Harvard Law grads in sports law, congrats are also in order for Peter Carfagna, a lecturer on law at Harvard Law School (where he teaches sports law) and Partner at Calfee, Halter & Griswold. Peter, who previously served as Chief Legal Officer and General Counsel of IMG, helped the students organize their efforts to obtain approval.

FRIENDLY GAMES 2009: TORONTO 1 - REAL MADRID 5

Debut of KAKÁ & XABI ALONSO with REAL MADRID in their friendlygame against TORONTO, an omen it seems as the Spanish team won1-5. Real Madrid continues to improve & there is no doubt that theboth mentioned players have lifted the level of the team. Benzemalooks good in his play & team connections, with Cristiano Ronaldofeeling better as the games go on & then there is Raul who keepson keeping on

Comment on Crespin v. Albuquerque Baseball Club and the Sentencing of Minor League Pitcher Julio Castillo

I think that the Crespin court is correct in its assertion in paragraph 13 that “the question before us concerns the concept of breach of duty.” New Mexico is one of the many states to adopt a form of comparative negligence, yet courts still draw on assumption of risk in baseball foul ball (or in this case a fair ball hit into a picnic area during batting practice) cases. The court looked at “the baseball rule” that basically immunizes a defendant if a screened area behind home plate is properly maintained and fans are provided access to such seating. In my class I ask students what they think about requesting that they be allowed to purchase a ticket for a protected screen area. Most of them laugh at the idea that these choice seats must be provided by the team if a fan says that it is the team’s responsibility in discharging this duty to allow the fan to purchase a ticket for an area often allocated to season ticket holders.

The majority concluded that “[w]hile the baseball rule may have made sense during the era of the all-or-nothing contributory negligence doctrine, it no longer does. Under our present tort system, we discern no public policy reason to justify bestowing immunity on the business of baseball.” (Paragraph 24). The court rejected summary judgment for the Albuquerque Isotopes and the City of Albuquerque, but they did grant summary judgment for the Houston Astros and Dave Matranga, the New Orleans Zephyrs’ player who hit the ball into the picnic area. The Zephyrs are the Astros’ AAA farm team. In holding that summary judgment is appropriate for Matranga, the court did write that an intentional act toward a spectator might change the outcome.

Judge Roderick Kennedy in his dissent argued that “the issue of whether a party owes a duty of care to another is a matter of law, not fact, and such conclusions are clearly left in the hands of New Mexico’s courts.” (Paragraph 44) Kennedy marshals a substantial list of sources to support his position that “the baseball rule” should remain the law of New Mexico.

Newspaper articles covering the decision noted an appeal by the Isotopes and the City of Albuquerque to the New Mexico Supreme Court.

Prior to reading the opinion, I was inclined toward the dissent’s position. Now I want to think through the idea of a complete bar to recovery in all cases where fans are injured outside of the screened area behind home plate. The majority opinion covers a good deal of precedent so this case might be quite useful in a class covering tort issues. I applaud the court for properly, in my opinion, looking at the case as one focused on duty and breach of duty. This is the appropriate analysis under a comparative negligence scheme that should not keep some type of assumption of risk doctrine alive. The real issue in this factual scenario seems to be the level of duty owed toward fans sitting in a picnic area in left field prior to the beginning of the game.

Last year in a game between the Dayton Dragons and the Peoria Chiefs, Chiefs pitcher Julio Castillo tried to fire a ball into the dugout during an on-field fight. The throw went high and hit 45-year-old Chris McCarthy in the head causing a concussion. Castillo was arrested and charged with felonious assault. Earlier this week, Castillo was found guilty of the assault and sentenced to 30 days in jail by Montgomery County Common Pleas Court Judge Connie Price. Castillo, from the Dominican Republic, could face an immigration problem with his work visa. Castillo is pitching for Boise this year.

RMAX Kettlebell Push Press Pull

Scott Sonnon's RMAX Kettlebell Push Press Pull System

From RMAXinternational

Check out the link above for some superb and very informative descriptions of the following exercises

The Modified One-Arm Jerk
The Persian Floor Press (Didn't know this originated in Persia, v.interesting)
The Warrior Row

I love Coach Sonnon's view on everything! He allows you to see training in a different light, don't just train without thinking, train and learn and in return become wiser, stronger and fitter.

Scott Sonnon is the Grand Master of intelligent training, follow him!

CHAMPIONS LEAGUE PRELIMINARY 2009 -2010: PANATHINAIKOS vs ATLETICO DE MADRID

ATLETICO DE MADRID avoided Arsenal & Lyon, but was matchedwith the difficult yet accessible Greek side PANATHINAIKOS in thepreliminary home & away games of the CHAMPIONS LEAGUE forseason 2009 – 2010 drawn today at Lyon by UEFA.The 1ºst leg will be played at Greece on either the 18th or 19th ofAugust & the return 2ºleg is down for either 24th or 25th August inMadrid. As already mentioned its going

FC BARCELONA OFFERS 20M€ FOR JUAN MATA OF VALENCIA CF

According to “Marca” FC BARCELONA has made a 20M€ offer forVALENCIA CF midfielder & Spanish International JUAN MATA. It ispublished that the player’s representative will communicate thisto Valencia CF this afternoon & see if they can come to anagreement.Valencia CF is in serious economic difficulties & needs to pay itsplayers part of their salaries, therefore they have a need to sellplayers,

EUROPA LEAGUE PRELIMINARIES 2009: YOUNG BOYS 1- ATH BILBAO 2 (VIDEO)

ATHLETIC DE BILBAO managed to pull back a 0-1 first round result& defeat YOUNG BOYS ( Switzerland) 1-2 in the second leg gameyesterday to go into the 2º round of the preliminaries of theEUROPA LEAGUE ( ex UEFA). Goals came from FERNANDO LLORENTE& 16 year old sensation MUNIAN for Bilbao & FRIMPONG for YoungBoys.