Honoring Willie Bogan '71

Willie Bogan

From an email that hit my in box this morning:

One week from today, on February 7, more than 1,100 Ivy League Football friends and alumni will gather in New York City for the Ivy Football Association's dinner. . . .

If you haven't signed up but would like to attend, there is still time!  . . .  Join us as we celebrate Ivy League Football and honor Willie Bogan '71.
The evening

A Hidden Gem?

The Sports Network has a story about how difficult it is to uncover a talented player that others don't already know about. Colgate coach Dick Biddle had this to day:

"There's nobody out there that you find that nobody really didn't know about. Maybe their evaluation is different than your evaluation. There's so much information that it's hard (to find an overlooked prospect). There's almost too

A Difficult Story to Write

The number one rule in writing, is to research your subject matter, and to have strong knowledge of what or who you are writing about. This post will have to defy that rule.

I never met James Dobson. James was the younger brother of former Ferrum quarterback Matt Dobson ('10). I likely first came to know who James was through photo's taken by Tammi Armstrong. I have actually never met Matt either, but I would see pictures of James, and either he would be with Matt, or would have his # 8 Ferrum Jersey on. I surmised they were brothers. I saw James at games, but I never had the chance to meet him.
I remember learning that James was battling cancer, and while I realized that this was  a horrible thing, I saw first a happy, very alive and courageous kid. A kid who loved his brother, and loved the Ferrum Panthers.  I received the news today, that James passed away this past Sunday at the young age of 13.

The impact that people have on others lives is something to marvel at. I can sit here and just imagine what it must have been like for James to be able to hang out with college football players. To be able to get up close and personal and high five with guys who were out there trying win a game. It was so evident that he ran every step with not only his brother, but with all the players. I marvel at the impact that this must have had on James. I am sure however that the impact that James had on the team was even greater.

 

Life can be hard to figure out. I certainly will never be able to explain certain things. One of those being the unfairness of a child with cancer. I do know that based on pictures I have seen, and the times I saw James at games, no one could have dealt with it with a more upbeat, positive attitude. His lesson to the team and likely to anyone around him, was that with all the difficulties we face, there is someone out there who has it worse. He was a special courageous kid who inspired many. I doubt that James dwelled on his condition all that much. My guess is that his focus was more centered on others around him....his friends, his family, and Ferrum football.....not self but others.

See WJLA news story on James

Close Call

A high school teammate of Dartmouth secondary recruit Lucas Bavaro has chosen Penn over coming to Hanover. From a Salem News story about Alex Moore of St. John's Prep in Massachusetts:

“I made my official visit to Dartmouth a week ago, and they made the biggest push. It was a hard choice because I’ve been with Lucas all the way from elementary, middle school and high school,” said Moore. “It

Freshman Honors

Three Ivy Leaguers were named to the College Sports Journal Freshman All-America team. Cornell running back Luke Hagy, Cornell center Zach Wilk and Princeton corner Anthony Gaffney were selected.

Although four quarterbacks were honored Ivy League Rookie of the Year Dalyn Williams of Dartmouth wasn't one of them. That's understandable, given that he started just three games and saw significant

Weight Clauses and Pro Athletes

We've addressed weight clauses before in player's contracts - including for Glen "Big Baby" Davis and Derek Caracter.  Jon Schuppe of NBC News now writes on the Phillies negotiating one with Delmon Young.

There's some reason to believe weight clauses are not especially effective -- the Bulls apparently tried weight clauses with Michael Sweetney, the now 30-year-old talented power forward who hasn't played in the NBA since 2007 due to obesity (the Celtics would later bring him to training camp but his weight had gotten too much).  Weight clauses might also prove counter-productive, given that some players play well heavy (David Wells, Charles Barkley etc.).

Then again, Davis slimmed down this season for the Orlando Magic and is having his best season in the NBA.  But hard it's to know if weight is the reason or if its because he's starting and is in the prime of his career at age 27.

Watch This. No, Really

In this video pulled together to get the blood flowing for the Dartmouth-Princeton game be sure to check out the runs by quarterback Dalyn Williams at the 1:58 and 3:31 marks. And the Ryan McManus TD against Harvard at 1:22. Ridiculous.

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Thanks for this link to a Tulsa World list of all-state players from Oklahoma that includes Dartmouth-bound running back Abrm McQuarters. From the story:

Lanky Cal WR Commits

Updated with Scout.com info.

Twitter has come to life with the Dartmouth commitment of wide receiver Joseph Cook, Bishop Amat HS, La Puente, Calif. He's 6-foot-5 or 6-4 or 6-3 and 185ish, depending on which service you believe.

Rivals shows commitment and has him at 6-4, 185, for what it is worth.

 Yahoo page

 Scout.com background story here

Two-sport kid?

Hudl page and video highlights

Florida WR Commits

Florida WR Jon Marc Carrier is Tweeting his commitment to Dartmouth.

From an earlier BGA posting:


Carrier's father, Mark, played 12 years in the NFL as a wide receiver with the Tampa Bay Bucs, Cleveland Browns and Carolina Panthers. (link) Already committed to Dartmouth is Lucas Bavaro, whose father Mark had a fine NFL career as a bruising tight end.
It probably doesn't hurt Dartmouth's

Justice races at the old ballgame

The Washington Nationals hold the Presidents Race in the middle of the fourth inning, between giant heads of the four presidents on Mount Rushmore. One running story had been Teddy Roosevelt's losing streak, which finally ended last season.

The Nats today introduced a fifth president for the races--William Howard Taft. As explained here, Taft's size (i.e., girth) and facial hair could make him a fan favorite (although the photos show he is not that much larger than the other president heads. There also is the potential for a fun rivalry, given the political rift between Roosevelt and Taft.

More importantly, every race now can be part of an off-shoot event--Justice Races. No matter how Taft does against the other presidents, he always will be the fastest justice.

What We *Think* We Know

Tight end recruit Peter Eggert has his own web page here that lists his honors.

Another recruiting weekend. It's cold but absolutely beautiful on campus with crisp white snow and cloudless, azure skies.

Once more, with feeling, here's what we think so far. The guess is, with two walk-ons listed, there are 4-5 spots left. As far as the list goes, caveat emptor . . .

OFFENSE
Quarterback

Allen Houston wins defamation lawsuit with help from Sports Law Blog's Alan Milstein

Kudos to Cynthia Arato and our own Alan Milstein, who has authored some of the best posts on our blog. Cynthia and Alan successfully represented the New York Knicks and the team's assistant general manager and former NBA all-star Allen Houston in a $7.5 million slander and interference case.

The lawsuit was brought by Arthur Rondeau, a basketball coach who previously worked with noted motivational speaker Anthony Robbins.  Rondeau claimed he was instrumental in helping Houston become a better NBA player and that Houston promised him help landing a coaching job with the Knicks or another NBA team. In a recent bench-decision, New York state judge Charles Ramos rejected as too vague Rondeau's assertion that Houston interfered with Rondeau's coaching aspirations or reneged on an actionable contract. The judge also did not find support for Rondeau's contention that Houston slandered him by allegedly telling others in the NBA that Rondeau was black mailing him. Additional details of the decision can be found in this Law360 article (subscription only).

California Checks In

It has taken a while for California to check in but Dartmouth can now boast of a couple of recruits from the Golden State in 6-foot-4/or -5, 227-pound tight end Peter Eggert of Laguna Hills and 6-4, 290 lineman Garrett Strohmaier of Jesuit High School and Carmichael, Calif.

This story from the OC Varsity says Eggert had offers from Air Force, San Diego and Georgetown at three different positions

Sports Litigation Alert--Duke Lacrosse

Here are the January issues of Sports Litigation Alert and Legal Issues in College Athletics, which include my summary of last month's decision by the Fourth Circuit rejecting several constitutional claims in the Duke lacrosse players' civil suits.

Schwieger Update

After training in San Diego with USA Rugby, Nick Schwieger '12, Dartmouth's all-time leading rusher, is back in the east ready to pursue a career in construction management according to The Dartmouth.

From The D:

“It was a tough decision to leave because it was great to be out there with a good group of individuals who are so passionate about their sport,” Schwieger said. “Although rugby is

HiHo Ohio

Springfield, Ohio's Alex McCrory of Shawnee HS has Tweeted his intention to continue his studies and play football at Dartmouth. A linebacker/running back, he's been listed from 5-foot-11 to 6-1 and 222 to 235. He was first team all-conference, all-county and all-region.

Find his NSCA profile here.

Find a video interview here.

Duke's 3rd Annual Sports & Entertainment Law Symposium

Warren Zola and I will be speaking tomorrow, Friday, January 25th at Duke Law for its 3rd Annual Sports & Entertainment Law Symposium along with a wide array of counsel and leaders in the business of both sports and entertainment.  Below is the schedule.  If you are in the Research Triangle area, hopefully you can make what looks to be a great event.

The Duke Sports & Entertainment Law Society (SELS) presents its 3rd Annual Sports & Entertainment Law Symposium: The Changing Economics of the Sports and Entertainment Industries

Schedule of Events – Friday, January 25^th

8:30 – 9:00 Registration Breakfast

9:00 – 9:05 Welcome Remarks

9:05 – 9:50 NFL Concussion Litigation

• Timothy Epstein, SmithAmundsen, Chicago
• John Hogan, John Hogan Law, Atlanta
• David Hoyle, Motley Rice, South Carolina

10:00 – 10:45 Creating Value for Professional Sports Franchises

• Scott Wilkinson, Atlanta Hawks, Atlanta
• Billy Traurig, Carolina Hurricanes, Raleigh

10:55 – 11:40 Monetization of College Sports

• Dr. Kevin White, Vice President and Athletic Director, Duke University, North Carolina
• Dean Jordan, Wasserman Media Group, Raleigh
• Lee Berke, LHB Sports, Entertainment & Media Inc., New York

11:50 – 12:40 O’Bannon v. NCAA

• Warren Zola, Boston College School of Management, Boston
• Curt Clausen, Skadden Arps, New York
• Christian Dennie, Barlow, Garsek and Simon LLP, Texas

12:45 – 1:45 Networking Lunch

1:45 – 2:30 Copyright Reversion

• Uwonda Carter, The Carter Law Firm, Atlanta
• Greg Eveline, Eveline Davis and Phillips, Loyola University Law School
• Ross Charap, Arent Fox, New York

2:40 – 3:25 Film Finance

• Thomas Glen Leo, Sheppard Mullin, Los Angeles
• David Zitzerman, Goodmans, Canada
• Carolyn Casselman, Paul Weiss, New York

3:35 – 4:30 Handling Scandal

• George Hanna, MLB Department of Investigations, New York
• Timothy Epstein, SmithAmundsen, Chicago
• Jennifer Harper, Jackson Lewis, Washington, D.C.

4:30 – Closing Remarks and Reception

Gee, Thanks

From ESPN Recruiting National (and this might make you wonder about the Sports Leader):

Dartmouth picked up its second commit in the 2013 class this morning when defensive end Jeremiah Douchee (Chicago/Hales Franciscan) gave his verbal to Dartmouth coach Buddy Teevens, according to Hales Franciscan coach Randall Townsel. 
Thanks for the help, ESPN. But second commit?

Douchee is a 6-foot-4,

Recruiting And GREAT News

You know it's cold when you hit "scan" on your car radio and that s-l-o-w-s down. We didn't hit the 24.9 below I've written about in the past, but 16.9 below here on the shoulder of Moose Mountain is pretty good ;-)

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OK, here we go again. This is an updated list of recruits per internet reports. Positions are speculative, obviously subject to correction, and no doubt in some cases flat-out

DE from Las Vegas In Fold

Rivals is listing Jake Smirk, a 6-foot-2, 225-pound defensive end from Bishop Gorman HS in Las Vegas, as choosing Dartmouth. The Las Vegas Sun also has a note.

According to Scout, he also held an offer from Colorado State.

Find his Hudl highlight video that lists him at 236 pounds here and a video interview with him here.

Miami Blues: NCAA suspends investigation of the U

Just days after the NCAA announced progress in its investigation of improprieties tied to former University of Miami booster Nevin Shapiro, the NCAA suspended the investigation entirely. This comes on the heels of the NCAA’s discovery that as part of the investigation, the Association actually paid Shapiro’s defense attorney in order to obtain documents from his bankruptcy proceeding; documents that the NCAA was not supposed to have. According to the NCAA’s press release, the association with Shapiro’s attorney was not authorized since the NCAA does not have subpoena power, and cannot compel testimony from proceedings outside of its own enforcement program. President Mark Emmert, speaking in response, expressed sadness and anger that the integrity of the process was compromised.

Just two days ago, it was reported that the NCAA was prepared to issue numerous notices of allegations to a number of coaches associated with the Shapiro scandal, including current Missouri and former University of Miami Head Basketball Coach Frank Haith. Also implicated was former Miami assistant and current Louisville Associate Head Football Coach Clint Hurtt. Both were expected to face serious charges of unethical conduct and failure to foster an atmosphere of compliance. Now, the Association will turn its attention onto itself for its own non-compliance.

The NCAA has commissioned Kenneth L. Wainstein of Cadwalader, Wickersham & Taft, LLP to conduct an investigation into its own enforcement program, including issues related to this specific case and the “overall enforcement environment.” Until this investigation is completed, all notices of allegations are on hold. It will be interesting to see exactly how deep this external evaluation digs into the entire enforcement framework now in place. Keep in mind, just a few months ago, another NCAA investigation related to UCLA basketball player Shabazz Muhammad was compromised by enforcement staff improprieties, and Muhammad was eventually ruled eligible as a result.

Perhaps an external assessment of the NCAA’s enforcement procedures will bring about the changes needed to better ensure a full and fair process for student-athletes and institutions. Ultimately, however, expect a swift resolution to the investigation. The Miami case has been one of the longest investigations conducted by the Association in some time, and I would be astonished if the NCAA abandoned those efforts at this juncture. We will know more about what exactly transpired in the coming weeks, but a full scale overhaul of the system appears rather unlikely.

Hat tip to associate Brian Konkel for his work on this piece.

Oregon Sports and Entertainment Law Conference

The Sports and Entertainment Law Forum (a student-run organization) at the University of Oregon School of Law will be hosting what looks to be an awesome symposium on Friday, February 22, 2013. It will be held in the Rose Garden and Larry Miller, the President of Jordan Brand (a division of Nike, Inc.) will be delivering the keynote address.

Panels will focus on topics ranging from contracts to branding to new media to future of the NCAA.

For more information, contact Cody Netfin, the conference's director, at cnetfin [at] uoregon.edu.

More Mantei Te'o Fallout: Copyright Infringement

Over on Madisonian, Boston College Law Professor Fred Yen observes a point that I haven't seen raised elsewhere: Diane O'Meara may be able to sue Ronaiah Tuiasosopo for infringement (up to $150K per photo).

Dartmouth Is OK By Him

The Twitterverse is humming with the commitment of 5-foot-10, 185-pound Abrm McQuarters to Dartmouth. McQuarters is listed as a running back/middle linebacker but at that size the only thing we know is he won't be a middle linebacker at Dartmouth.

McQuarters is from Cascia Hall in Tulsa, Okla. Find a Q&A with him here. There's a photo here.

According to Tulsa World, he ran for 1,802 yards and

Brrrr

It was 14 degrees when Coop and I went up themountain yesterday. It's 11.9 below zero as I write this on the shoulder of Moose Mountain.We may not hike today ... but we might ;-)



Former Dartmouth strength coach Dan Nichol has been named strength & conditioning coach at Western Michigan. (link)

Speaking of former Dartmouth coaches, Erica Walsh has been named the national women's coach of the

HBO Real Sports on Royce White

At 10 p.m. Eastern tonight and at other times during the week, HBO's Real Sports with Bryant Gumbel will feature a segment on Royce White and his employment dispute with the Houston Rockets.  I'm interviewed in the segment and discuss why the collective bargaining agreement would likely bar White's proposal that a neutral doctor determine whether he can play.  I also talk about the role of the Americans with Disabilities Act in the dispute, which I have an article coming out on in the Pepperdine Law Review.

Movin' On

The announcement that the Sacramento Kings appear headed to Seattle was the latest in a recent string of franchise or event relocations.  The New York Islanders announced that they are moving to the Barclays Center in Brooklyn after more than 40 years at the Nassau Coliseum in Nassau County, New York and in snowboarding, the Burton U.S. Open is set to debut in Vail, Colorado next month after more than 30 years in Vermont, the last 27 at Stratton Mountain.  These relocations underscore the need, from a tenant standpoint, for a lease or other governing document to provide for flexibility, including the possibility of ending a lease or other venue relationship.

Over the course of a tenancy, especially a long-term tenancy, many things can change.  The economics of the venue itself may change (does the venue have enough concession or restaurant space, or luxury boxes), technology may (and does) change (does the venue support digital or social media platforms for spectators), even weather patterns may change (at the Burton U.S. Open, the last few years have been beset by unusually warm or even rainy conditions).   The lease or governing documents for teams or events should take these type of possibilities into account and provide some type of relief for the tenant -- the right to leave before the end of the lease term if certain economic and other parameters such as attendance aren't met, a window for opting out after a certain period or time, or even the right to buy out of a lease for a sum certain or agreed upon formula.  It sounds easy, but pushing back will be the landlord trying to tie the down into the lease for the long-term.  Just as drafting the appropriate document will require a lot of forethought on other issues, such as signage rights, renovations, and even the effect of work stoppages, serious attention should be devoted to the cirucmstances on which a lease can be terminated early so that the tenant can relocate.

The List So Far

OK, here's what we've discovered so far in the recruiting class – and here's what you need to know:
• The Early Decision list is, as it says, official. But the heights and weights are not official. They are drawn from the internet and those sources can vary widely. Feel free to share corrections.
• The Regular Decision list is, with the exception of an email or two, drawn entirely from the

Texas Teammates Commit

Chris Warren and Houston Brown, teammates at  The Woodlands in Texas, are both Tweeting that they are heading to Dartmouth.

Find Warren's Hudl highlight videos here. Find the 6-2, 175 Brown's Hudl highlight videos here.

There was a story about the pair visiting Dartmouth in the Houston Chronicle back in October.

Brown had 46 catches for 768 yards (16.7 ypc) and nine touchdowns this year with a

Another Texas

Brandon Cooper, a 6-foot-2, 260-pound defensive end from South Grand Prairie, Texas is now Tweeting that he has chosen Dartmouth. He is listed as a two-star by Rivals, which says he had offers from Air Force, Rice, Memphis, Penn, Yale and Columbia among others.

Find a video and statement from Cooper on his NCSA page. More highlights here. He's a Texas Prep Stars "underrated." ESPN recruiting has

Update on OK State 2011 Plane Crash

Last week, the National Transportation Safety Board (“NTSB”) released its Factual Report regarding the November 17, 2011 airplane crash that killed Oklahoma State University (“OSU”) Women’s Basketball coach Kurt Budke and his assistant coach, Miranda Serna. I blogged in this space upon receipt of the Preliminary Report from the NTSB last January. Recall that this was the second tragic plane crash to afflict OSU within a decade. In 2001, an airplane chartered for the OSU Men’s Basketball team crashed in Colorado, killing ten, including two players. The NTSB determined that the 2001 crash resulted from inadequate management by the pilot. Thereafter, OSU revised its team travel policy, which the NTSB held up as a model for other sports organizations (see this January 21, 2003 letter from the NTSB to Dr. Myles Brand, former NCAA President). This modified travel policy only applied to student athletes and not to coaches and staff, and as such, did not apply to the flight that killed coaches Budke and Serna in 2011. In other words, Budke, Serna, and other coaches and staff could travel at their own discretion. This discretion was eliminated last November.

On November 30, 2012, the Board of Regents for Oklahoma State University and the A&M Colleges, based on a recommendation from a task force made up of coaches, professors, university officials, and aviation professionals, put into place a new travel policy to apply to all OSU employees and student athletes while conducting university business. Specific to air travel, private aircraft must be inspected and those piloting the aircraft must be approved every six months before travel is cleared by aviation consultants. Due to significant regulation already in place for fractionally-owned aircraft and commercial carriers, the guidelines in place are less severe for said aircraft. The new policy also requires employees to report any violation of the travel policy.

Although last week's Factual Report does not outline a cause, it appears that several of the flight control cables were broken on the Piper Cherokee that crashed in good weather near Perryville, Arkansas on November 17, 2011, with each fracture consistent with overload. Given the Factual Report, it is safe to assume that the worn cables will loom large when the NTSB ultimately issues its probable cause findings. The Factual Report further notes that Paula Branstetter, wife of the operating pilot and also a current pilot, was sitting in the back with Serna. Budke, sitting in the right seat up front, was not a pilot. These facts also serve to underscore the risks associated with a travel policy that allows employees or students to fly aboard private aircraft with private pilots. Air carriers who offer carriage “for hire” operate under more stringent FAA rules and standards with respect to maintenance, record-keeping, and actual flight operations than do private aircraft owners and pilots. A private pilot’s interest in self-preservation is sometimes not enough to induce meticulous maintenance and cautious operations, and is not a substitute for the more rigorous FAA oversight to which carriers “for hire” are subject. OSU’s new policy, therefore, is more than a knee-jerk reaction to two particularly terrible events; it instead represents a thoughtful step in the right direction toward a safer travel program.

While unbelievably tragic for OSU, the hope is that the more developed travel policy that resulted from the 2011 crash will eliminate or mitigate future accidents of this nature, and serve as a model for other schools and athletic departments.

Hat tip to my partner, Mike McGrory, in my Aerospace Group for his thoughts here.

And Another

It's a pretty good sign when a kid who Tweeted about his visit to Harvard a week earlier updates his Twitter account to feature a photo of Dartmouth's Memorial Field and then Tweets to an early decision Dartmouth recruit that, "it's gonna be an awesome 4 years!" And when that ED recruit Tweets back congratulations ;-)

Add to your list Charlie Miller, 6-foot-1, 180 all-stater and all-Metro from

Playing For Pizza

Sitting on the names of several kids who are said to have committed to Dartmouth as I try to get confirmations.

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Still digging on this one but corner/return specialist Shawn Abuhoff '12 has landed with the Milan Seamen in the Italian Football League. The season begins in March. Check out this link that includes four pictures and his complete Dartmouth statistics. Here's a Google translation of

And Another

Maryland linebacker Folarin Orimolade, James Hubert Blake HS/Silver Spring, Md. via Twitter:

yea I committed today on my official visit, I left Friday morning and come back tomorrow afternoon


Hudl page with 2012 highlights.

He's listed variously as 5-11 or 6 feet, 210-218 pounds. ESPN page.

Green Lands Lineman

Naperville North (Ill.) lineman Mike Langman has Tweeted his commitment, writing yesterday, "Officially committed to play football at Dartmouth College next fall! Thank you so much to everyone who's helped me out along the way."

Langman is a 6-foot-5, 275-pound tackle who was his conference offensive lineman of the year. From his Hudl page:

Tom Lemming All Area Award - 2010 - Underclasmen

R.I.P., Earl Weaver

My wife is an Orioles fan, who grew up in Earl Weaver's heyday in the 1970s and early '80s. And I grew  up watching the original A.L. East and always found him entertaining. So Weaver's passing brought back fond memories of his famous (and infamous) arguments with umpires.

I always thought that one mark against the judge-umpire analogy is that lawyers could never talk to judges the way managers talk to umpires. Someone pointed out that this did not undermine the analogy. Rather, it is about established expectations and rules--lawyers and judges interact under a set of rules, while umpires and judges operate under a different set. And Weaver may have had his own set. So, enjoy.

Back In Green

To end your week a peaceful shot of sunset
 over Vermont taken from the shoulder of
Moose Mountain earlier this week (click to supersize)

In what should be a surprise to no one who has been paying attention, Dartmouth grad John Idzik '82 has been named general manager of the New York Jets. A statement from Jets owner Woody Johnson in this story summarized his experience this way:

“During his

Catching up with Links

* I have some thoughts for SI.com on Lance Armstrong's interview on Oprah Thursday night.  I was not a fan of Armstrong's showing, though I thought Oprah was outstanding in her substantive choice of questions and wording of them. The New York Times' Lynn Zinser has an excellent analysis of the media's coverage.

* An appellate court says a fan at a Royals game whose eye was seriously injured by a hot dog launched by the Royals mascot did not necessarily consent to that risk merely by going to the game. I wrote about this lawsuit - Coomer v. Kansas City Royals -- back in 2010 for TortsProf Blog.  You may consent to the risk of getting hit by a foul ball, but do you consent to the risk of getting hit by a flying hot dog?

* Dan Fitzgerald on a nice and unheralded gesture by Fairfield University and its basketball team.

* Darren Heitner and Benjamin Haynes discuss one man's legal attempt to hold the San Antonio Spurs responsible for not playing its best players.

* The Manti Te'o situation is bizarre.  I discuss its legal ramifications with CBS Houston.

* An independent investigation criticizes NBA Players Association executive director Billy Hunter.

* I'll be a guest on HBO Real Sports with Bryant Gumbel Tuesday night to discuss Royce White's legal battle with the Houston Rockets.  The show will air at 10 p.m. Eastern.

Vilma lawsuit dismissed

U.S. District Judge Ginger Berrigan yesterday dismissed under FRCP 12(b)(6) the defamation suit filed by Jonathan Vilma, one of the Saints player suspended in "Bountygate,"against Roger Goodell (but not the NFL). The court concluded that Goodell made these statements in his role as commissioner exercising his investigative powers under the CBA, thus the claims were precluded by the anti-suit provision and other portions of the CBA and the Labor Management Relations Act. The court also concluded that Goodell could not have acted with actual malice because his statements came after an investigation, even if it was a procedurally flawed one.

The second of those conclusions is a bit dicey, although the first seems right (based on what little I know about the LMRA). And the court was not always faithful in drawing all inferences in the plaintiff's favor. There also is some gratuitous "look at me" language toward the end that the case "feels as protracted and painful as the Saints season itself" and taking a potshot at Goodell that had he been less heavy-handed, the lawsuit could have been avoided. Lines like that always sounds better coming from Posner or Kozinski.

In any event, the timing of this decision is good for me. I gave my Civ Pro students Vilma as one of their sample pleadings (it lends itself to a great subject matter jurisdiction question) and we just started talking about 12(b)(6).

He Was Super

Dartmouth-bound safety Lucas Bavaro of St. John's Prep in Massachusetts earned area student-athlete of the month honors for December according to a piece in the Salem News. From the story:

He was the leader of a Prep defense that was particularly stingy down the season’s homestretch and into the playoffs; Bavaro had 23 tackles (including three for losses) and an interception in the final month

More Names

Rivals is reporting that Dartmouth has gotten a commitment from Jack Friedman, a 6-foot-3, 285-pound defensive tackle from Ellicott City, Md. Here are his junior highlights:



Friedman was first-team all-Howard County. The Baltimore Sun referred to him last month as: "The crown jewel in the Lions' vaunted offensive line."

For his senior highlights, check out his Hudl page.

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A blogger for

Manti Te'o's Girlfriend Fake, Twitter Explodes

Clint Eastwood hits on Manti Te'o's girlfriend

If you watched college football, you knew.  And how could you not?  Every Notre Dame game, commercial, station break, holiday promo and car ad on NBC mentioned the tragic story of Irish linebacker Manti Te'o's girlfriend who had tragically died of leukemia at the beginning of the season just more than a week before Denard Robinson's Heisman hopes died in South Bend.

It was one of the most touching, moving stories of the 2012 season.

Until yesterday.

That's when the college football world was rocked with the news that Te'o's girlfriend did not in fact die -- because she did not in fact exist.  As Deadspin first reported it was all an elaborate hoax: There never was a Lennay... Keku... Kooky... Kockamamie.

Of course, we here at the MZone got absolutely nothing done from the moment we learned about the story, tweeting away the rest of the day.  So, in case you missed 'em, below are a few your perusal.  And if you'd like to follow us on Twitter, we can be found @MZoneBlog.

Yost ‏@MZoneBlog

Somebody really should do some fact checking on that RUDY movie asap. 

Yost ‏@MZoneBlog

Notre Dame is going to have to change that line in its fight song from "Wake up the echoes" to "Make up the echoes"

Yost ‏@MZoneBlog

Cast your vote for Notre Dame's new slogan: 1. "Win one for The Fibber" 2. "Make up the Echoes" 3. "Pretend Like A Champion Today" #Teo

Yost ‏@MZoneBlog

After hearing about the Manti Te'o story, I think execs at ABC just found their next Bachelor

Yost ‏@MZoneBlog

Our favorite line from upcoming Manti Te'o movie: "Tell them to go out there with all they've got and win just one for the Fibber." 

Yost ‏@MZoneBlog

Congrats to the MZone on being named Best Sports Blog in America! #MantiTeosReality 

Yost ‏@MZoneBlog

Manti T'eo's girlfriend is fake? Big deal. Jim Delany offered BTN membership to Maryland and Rutgers, 2 fake football teams. 

Yost ‏@MZoneBlog

Please, before it's too late, somebody go check on Lou Holtz

Yost ‏@MZoneBlog

Manti T'eo's girlfriend is fake?! What next, Ohio State fans claiming their bowl-banned probation team should've won the AP National Title? 

Yost ‏@MZoneBlog

I sure wish T'eo's girlfriend had been real and Denard's 5 turnovers against ND hadn't been 

Yost ‏@MZoneBlog

To be fair, Te'o's girlfriend was more real than his Heisman Trophy legitimacy 

Yost ‏@MZoneBlog

BREAKING: Manti T'eo blames his fake girlfriend on violent video games and Hollywood movies.

Yost ‏@MZoneBlog

Looks like Manti Te'o projected 1st round status in the NFL draft is now also a hoax

Yost ‏@MZoneBlog

BREAKING: Lance Armstrong personally thanks Manti Te'o for taking the spotlight off him for a few hours

Big Guy Headed This Way

Scout.com is reporting that Dartmouth has a verbal commitment from Zach Davis, a 6-5ish, 290ish offensive lineman from Lake Havasu High School in Arizona. Here's his highlight video:


On his BeRecruited page Davis is listed as first-team All-Conference Gila Valley Region, an honorable mention All-Section 5A-2 and a two-year team captain. He also has a page on the National Collegiate Scouting

The Growing Reputation of Ferrum

I happened to be in a Starbucks in Williamsburg the other day, and was wearing my Ferrum alumni hat. The girl working behind the counter asked me "Did you go to Fearum"  (Not a typo, that is how she pronounced it) She told me that she considered going there at one time due to the wonderful academic offerings.  I can talk Ferrum forever, and began to tell her of the successes of the women's basketball team this season, and she said "oh I did not realize they had sports there" (Before I left, I gave her a quick overview of Ferrum football) She went on to say that in the end, she did not go to Ferrum, but she visited the campus, and that she loved it.

My years at Ferrum were an important part of my life. A short four year segment, that I will likely never forget. I have friends that I made there that I am still friends with today. Ferrum was a formative experience, an experience that affected greatly my still developing person. When I was at Ferrum the campus was much different. The bookstore was in the basement of Franklin Hall, and home plate to one of two softball fields sat where the bookstore is now. Franklin Hall is so different it's unbelievable Downstairs, there was a combination post office/ game room, (game room consisted of 2 pool tables, a pinball machine, and Ms Pac Man) a small deli type restaurant that I think was called the Panthers Den, the campus radio station, The Campus Programs Office and the bookstore.
Upstairs, was the cafeteria, and while the quality of the food has likely improved, the cafeteria workers were excellent. I will always remember Zoe' and Mrs. Mountcastle. Mrs. Mountcastle would always make sure you got enough food. If you got there late, or just did not like what they were serving, she would make you a cheese sandwich so
you did not go without.
The facility improvements that have taken place since then are amazing. While I will not try to list them all, it is not an exaggeration at all to say that the campus is  magnificent!
As for Ferrum's football facility, I have been to many home games in recent years, and I have never seen the field look better, The Norton Center is the diamond on Ferrum's crown, and with the planned new press box/concession stand, things just keep getting better. Ferrum is developing a great reputation. Whether it be through the impression a visitor gets by seeing the beautiful campus, the diverse academic offerings, or the quality and success of the athletic teams, Ferrum is on a roll.

That "Transfer" Thing

Did you see that former Cornell wide receiver Shane Savage (bio) will finish his football career at the University of Richmond? A 2011 All-American, Savage returned to Cornell last fall as a fifth-year senior but was limited to two games because of a leg injury. He was granted a rare sixth year of eligibility by the NCAA not because of the injury last year (he played after the cutoff) but because

Calculating a University's Damages from the Loss of a Successful Coach

In my 2009 article on the Coaching Carousel, I discussed how universities are harmed when a successful coach breaches his contract and another institution commits tortious interference.  Due to the fact that coaches (like professional athletes) are not easily replaceable and the difficulty of ascertaining damages, I explained how the university is entitled to equitable relief in the form of a negative injunction to prevent the coach from working for the competitor institution. 

Unlike the professional sports leagues, for some reason the NCAA has failed to adopt a “no tampering” policy that would prohibit a coach under contract from seeking or accepting other employment unless and until he has either been terminated or granted permission to explore other employment opportunities.  The unanswered question from my prior work, and the narrow issue presented in my latest paper to be published in South Carolina Law Review, is:  In the absence of a buyout payment (either agreed to pre-breach in the contract or agreed to post-breach), how does the university prove its financial loss if it elects to sue the coach and interfering institution for damages instead of equitable relief?  Here is the paper abstract:

Abstract:
This essay addresses the difficulty of proving the financial harm that results when a head coach departs a college or university during the contract term and the institution thereby abruptly loses a valuable asset — a successful and stable athletic program. Due to the unique and specialized nature of head coaches’ services and the industry in which they work, ordinary measures for assessing damages based on substitute performance and transaction costs are insufficient. This essay offers a theory of measuring a university’s damages within the construct of a lost-income-producing-asset valuation, using a methodology based on liquidated damages amounts in comparable coaches’ contracts.

Back At It

The big recruiting weekend in Hanover has wrapped up and the high schoolers who were on campus are back home trying to catch up on their schoolwork. Wrote Kendall Pearcey of Florida's Steinbrenner High School on his Twitter account:

Jus got back from Dartmouth. I strongly believe an official visit should count as a homework pass for like a week lol
Pearcey is a 5-10ish, 190ish speedster who ran

Catching Up With Sports Law Links

Here are some recent sports law issues of note:

* Royce White has been suspended by the Houston Rockets.  White, an NBA rookie who suffers from generalized anxiety disorder and an associated fear of flying, has been unable to report to the Rockets this season.  The team suspended him last week after he refused to report to the team's D League team.  I have an article coming out in the Pepperdine Law Review titled "Do You Believe He Can Fly? Royce White and Reasonable Accommodations under the Americans with Disabilities Act" on this topic, which has also been discussed by Tom Ziller of SB Nation and Jonathan Feigen of the Houston Chronicle, among others.

* Legal Impact of RGIII's injury.  Benjamin Haynes of Sport in the Law explores the potential legal impact of the Redskins playing Robert Griffin III when he was clearly hurt.  Griffin now faces major knee surgery.

* Value of team domain names in for a change? Darren Heitner of Forbes looks at why league alternatives to .COM domain extension -- like .BASEBALL -- may mean no longer as essential for teams to own their Internet names on .COM (e.g., cowboys.com is not owned by the Dallas Cowboys or NFL). 

* Jeffrey Standen on Corbett v. NCAA.  Jeffrey Standen, who runs The Sports Law Professor and has written for our blog, has an op-ed on CNN.com titled Pennslyvania's Lawsuit against the NCAA is absurd. 

* The Top 10 Sports Law Matters in 2012.  Kenneth Shropshire, special counsel to Duane Morris and professor/head of the sports business program at Wharton, looks at the top 10 sports law matters in 2012 for Duane Morris's blog.

* Why did the NHL lockout last so long?  Sports Law Blog writer and Fordham sports law professor Mark Conrad has some thoughts on that for The Christian Science Monitor.

* Paying College Players would mean payroll taxes for colleges.  This point is noted by Duke Law Professor Paul Haagen in the Toronto Star.

* As always, check out The Sports Agent Blog and Connecticut Sports Law.  These are two excellent sports law blogs.  They are run by Darren Heitner and Dan Fitzgerald, respectively, and both do a great job.

Didn't You Used To Be . . .

A couple of emailers dug this one up . . .

All-time Dartmouth rushing leader Nick Schwieger '12 is working out as a "guest" with the USA Rugby 7s.  RugbyMag writes that Schwieger, "is new to rugby, but has the potential to become a major offensive threat if he can translate his defender-beating ability to rugby."

Schwieger went to camp last summer with the St. Louis Rams.

The USA7s are coached

Welcome

Dartmouth welcomes incoming President Philip Hanlon. Find a press release here.

•
Fun stuff from the Hanover Inn . . .

The Inn hopes to gather stories from alumni, their spouses and past visitors in time for Winter Carnival (starting February 7, 2013) and Valentine’s Day. Stories can be emailed to info (at) hanoverinn (dot) com or mailed to The Hanover Inn at Dartmouth, c/o Erin Bragdon,

12 Games?

While Ivy League football teams are stuck at 10 games, other leagues may be playing not their usual 11, but 12 games in 2013 and 2014, the result of an extra Saturday between Labor Day weekend and Thanksgiving weekend. Among those who might be considering the extra game: Patriot League teams.

Check out Lehigh Football Nation for more.

First scholarships, now this as the Patriot League moves on.

Annoucing the UNH Law Sports and Entertainment Law Institute

I'll thrilled to announce I'll be joining the University of New Hampshire School of Law as a tenured professor of law and director of a new sports and entertainment law institute. The institute will be launched in the fall and will be part of the Franklin Pierce Center for Intellectual Property, which is consistently ranked by U.S. News and World Report as one of the best IP programs in the country.  I'm very excited to think about the possibilities ahead and to help students gain experiential and employment opportunities in these dynamic fields (especially since a new law employment report finds: "Legal jobs in the sports industry are red-hot right now".).


An excerpt from the UNH Law press release follows:

UNH Law Launching Sports & Entertainment Law Institute Under the Direction of Michael McCann

Jan 8, 2013

Noted sports law expert Michael McCann will join the University of New Hampshire School of Law this fall to launch a new Sports and Entertainment Law Institute. McCann has been a visiting professor at UNH Law during the 2012-13 academic year.

The Sports and Entertainment Law Institute will provide opportunities for students who demonstrate a talent and passion for sports and entertainment law with core skills in these practice areas and opportunities for thoughtful discussion of contemporary legal issues in the field. The Institute will help students gain real-world skills to obtain, and succeed in, careers in sports and entertainment law. Students will have the opportunity to enroll in a wide-range of core and supporting courses.

The Sports and Entertainment Law Institute will be a great pairing with our historic strengths in trademark and copyright law. And we are very fortunate to have Michael McCann, one of the most exciting legal scholars in the country, leading the way.

John Broderick, Dean of UNH Law

The Sports & Entertainment Law Institute will be part of UNH Law’s Franklin Pierce Center for Intellectual Property, which is consistently ranked by U.S. News and World Report as one of the nation’s best intellectual property law programs.

I’m thrilled to join a school which is deservedly renowned for its intellectual property law program. To launch a sports and entertainment law institute as part of this program is a fantastic opportunity. I can’t wait to work with students in developing hands-on skills in sports and entertainment law, and helping them enter those fields.

Michael McCann, Professor of Law

For more on the news, click here.

Seau's brain

We now have the results of the examination of the brain of former NFL star Junior Seau, who committed suicide last spring--they showed evidence of Chronic Traumatic Encephalopathy, the degenerative brain condition that is associated with repeated blows to the head and has been showing up in many recently deceased former football players. I expect Seau soon will be added to the action now pending against the NFL in the Eastern District of Pennsylvania--I think he would become the highest-profile plaintiff.

For what it's worth, the FIU Law Review will publish a paper symposium on the concussion issues this spring; participants include Geoff Rapp and Gabe Feldman, as well as a host of law profs, economists, and scientists. Coming soon to a bookstore near you.

The Name Game

A local online newspaper in Ohio has a story about a defensive lineman from Olentangy Liberty HS being accepted at Dartmouth. While the newspaper refers to him as "Ryan" Shank, he's listed on websites as Zach. That's how he was referred to on the official recruiting list that appeared on BGA here.

According to the story, the 6-4, 220 Shank . . .

. . . made second-team all-league and honorable

Say It Ain't So

So the greatest home run hitter of all time and, arguably, the best right hand pitcher of all time (other than Bob Gibson) are not hall of famers. Not now maybe not ever. While most would agree each would have been accomplished enough to gain entry had he never taken performance enhancing drugs, the baseball writers and other Cooperstown voters have deemed them cheaters whose records are nothing more than ill-gotten gains.

Forget the fact that neither Bonds nor Clemens ever tested positive for banned substances and Clemens is actually accused of taking drugs which were not even on the banned list at the time, it is safe to assume each made the choice to try to enhance their performance to some degree by ingesting or injecting certain manufactured chemical compounds.

How do we react to this pronouncement? As fans? As attorneys? As human beings? With sadness on all three accounts.

Neither of these two great athletes was fan friendly so to speak, which certainly did not help them with the voters. (Sosa and McGwire, on the other hand, were immensely popular, though neither was the talent of Bonds, and they didn’t get into the Hall either.)

It is often said that both Bonds and Clemens are just as guilty for lying about their drug use as they are for taking the drugs. Should we care as attorneys that in fact both Bonds and McGwire were actually acquitted of the perjury charges brought against them by overzealous prosecutors at tremendous expense to the taxpayers? (Bonds was found guilty of one count of obstruction of justice but not guilty on the perjury charge.)

In my view, both are tragic figures of Dionysian proportions whose stories speak eloquently about the human condition and reflect in the truest terms how sports is a microcosm of life. These were by no means bad people but fantastic human specimens who performed heroically on the field of play. Yet they had flaws like all of us; and at times those flaws caused them to make bad choices and to inflict harm upon themselves. As Aristotle said, the tragic figure is one who is “not eminently good and just, yet whose misfortune is brought about not by vice or depravity but by some error or frailty.”

I would have voted for their admission. Like Rose, their absence will loom larger than their inclusion, which would have come not only with all the baggage but with the lessons to be learned from life.

Keri on the Baseball Hall of Fame

The results of this year's voting for the Baseball Hall of Fame were released today, with no one elected. This is a story, of course, because Roger Clemens and Barry Bonds both were on the ballot for the first time. So along with Mark McGwire (who came up the first time last year) and others, we are in the throes of of the BBWAA trying to figure out what to do (or not do) with the great players from the steroid era.

Jonah Keri at Grantland and Jayson Stark on ESPN both have strong take downs of the writers for their voting and the overall process. I especially like and share Keri's argument that no one has ever come up with a good explanation why alleged steroid users should be kept out, but not the players who used amphetamines (which is to say everyone up to and into the 1980s) or corked bats or spitballs or other things that have always been done with the intent of "enhancing performance."

FB Safety In The Ivy League

Alabama.com has a story under the headline, Ivy League becomes college football's model for player safety.

The author writes:

The Ivy League is being studied across college football ever since the conference created practice standards far exceeding the NCAA limits.
Robin Harris, executive director of the Ivy League is quoted saying:

"For our presidents, it really became a situation two falls

Multistrada, Sponsor Manchester United Dari Indonesia

Manchester United dikabarkan telah menjalin kerjasama dengan pabrikan ban asal Indonesia. Multistrada, sebuah perusahaan ban yang berasal dari Bekasi tersebut berudrasi selama tiga setengah tahun.

Richard Arnold, yang merupakan direktur komersial United, dalam sebuah keterangan menanggapi kerjasama ini,   menyatakan: “Manchester United senang untuk menerima Multistrada sebagai mitra ban resmi di Indonesia,” ujar Arnold.

Bagi United, kerjasama ini tentu sangatlah penting dan kian menguatkan eksistensi mereka di Indonesia, karena memang fans United di Indonesia terbilang besar.

What Might Have Been

The Sunday Boston Globe magazine has a lengthy piece on two-time NFL Pro Bowl player Matthew Slater of the New England Patriots. It mentions that Slater ran a 10.76 in the 100 meters in high school, that he averaged a record 29.0 yards per kickoff return in college with three touchdowns, and that he was a stellar student.

Oh yeah, and it mentions that his college choice came down to UCLA or . .

Oakley's Lawsuit Against Rory McIlroy and Nike

Oakley's lawsuit against Rory McIlroy and Nike, filed December 15, 2012 in the Central District of California, highlights the importance, and difficulties in drafting a right of first refusal in athlete endorsement contracts. 

As set forth in Oakley's complaint, it had the right to match any offer McIlroy received for "products the same or substantially similar to the Products," which were defined as "eyewear, apparel and accessories" as set forth in an exhibit to the agreement.  Nike made an offer for McIlroy to endorse a whole range of Nike products, without specifying the amount of the endorsement fees attributable to each of the products, including the Products covered by Oakley's contract.  Thus, when Oakley notified McIlroy that it was matching Nike's offer, it did not know the amount that had been offered for McIlroy's endorsement of the Products and relied on "average product endorsement allocations in the golf industry" to offer 20% of the dollar amount of Nike's package offer.  Notwithstanding Oakley's "match" of Nike's offer, McIlroy proceeded to contract with Nike, leading to the lawsuit.

The basic question: Did Oakley's "match" of 20% of Nike's total satisfy the matching right under the right of first refusal?

It is difficult to anticipate all the elements that might be included in an endorsement offer from a company seeking to wrest away an athlete and to cover all scenarios for a right of first refusal.  Nevertheless, a right of first refusal provision should attempt to define as specifically as possible each of the products covered by the right, the form for an offer from a new company, and each of the elements that must be matched for the matching right to be invoked effectively.

Are there certain elements that won't count for matching purposes?  Will only cash compensation count?  Are products specifically defined so that it is clear which products are covered, and which products are not subject to a matching right?  Are there specifications for how the competing offer must be structured, such as allocating endorsement fees among each category of endorsed product?

Each of these points can create thorny issues, as Oakley's lawsuit demonstrates.

Nebraska LB, DL Defensive Drills and DB Clinic

I got to the chance this Christmas vacation to watch Nebraska practice in Orlando, FL before their bowl game against Georgia.  Nebraska has a pretty sweet deal where they also do a free Coaches Clinic wherever they are at for their bowl game since they recruit nationally.  I took some video of a few LB and DL drills and I got some of Terry Joseph's DB clinic talk.  Nebraska led the nation in pass defense this year and Coach Joseph does a nice job of explaining the fundamentals of DB Play.

Nebraska Def Drills and Clinic 12-29-12 from Barry Hoover on Vimeo.

Talented Times Two

The Denton Record-Chronicle has a Q&A of sorts with Dartmouth quarterback Dalyn Williams, and the Ivy League rookie of the year shares something that has been an open secret since fall: He hasn't gotten baseball out of his system yet. Williams had this to say to the newspaper about the idea of possibly returning to the diamond in a Dartmouth uniform:

 I’m thinking about that as well. I’m not

Hasil Undian Putaran Keempat Piala FA 2012/13

Babak ketiga piala FA musim 2012/13 sudah selesai digelar, namun masih ada hasil pertandingan yang berhasil seri sehingga butuh pertandingan ulangan untuk menentukan tim mana yang akan melaju ke babak keempat. Laga ulangan babak ketiga akan digelar 13 atau 16 Januari mendatang.

Undian putaran keempat sudah dilakukan, tim-tim liga primer seperti Chelsea, Manchester City, Tottenham, mendapatkan lawan-lawan yang cukup ringan, sedangkan beberapa klub masih menunggu lawan mereka setelah pertandingan ulangan putaran tiga selesai digelar. Putaran keempat baru dihelat 26 Januari, dan berikut ini hasil undian putaran keempat selengkapnya:

Norwich City vs Luton Town
Oldham Athletic vs Liverpool
Macclesfield Town vs Wigan / Bournemouth
Derby County vs Blackburn Rovers
Hull City / Leyton Orient vs Barnsley
Middlesbrough vs Aldershot Town
Millwall vs Aston Villa
Leeds United / Birmingham City vs Tottenham Hotspur
Crystal Palace / Stoke City vs Manchester City
Manchester United / West Ham United vs Blackpool / Fulham
Brentford / Southend United vs Chelsea
Reading vs Sheffield United
Huddersfield Town vs Leicester City
West Bromwich Albion / Queens Park Rangers vs MK Dons / Sheffield Wednesday
Sunderland / Bolton Wanderers vs Cheltenham Town / Everton
Brighton & Hove Albion vs Swansea City / Arsenal

Enjoy

We left Moose Mountain a 0-dark-30 today to bring That Certain Nittany Lion Freshman to East Hartford, Conn., where he is catching one of the charter buses that brings students from this part of the world back to Penn State. Given the early start to our day there's not much time to "span the globe to bring you the constant variety" of Ivy League football news, so here's a photo I shot at the end

Championship Day . . . Today

The Division I national championship game is Monday night, right? Um, yeah sorta. That's the BCS championship game as determined by the pollsters and rankers and the like.



The Division I national championship game as determined by a true playoff is actually today in Texas. Didn't know that, huh? From FootballScoop:

Hidden among a landscape of bowl games, NFL playoff games and the BCS National