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Selasa, 30 April 2013

Boston Business Breakfast on Sports Law this Thursday

I look forward to giving a talk at the Harvard Club in Boston this Thursday at 7:30 am.  It is for my alma mater, St. John's Prep, which I'm proud to say is also the alma mater of Notre Dame head football coach Brian Kelly (Class of 1979) and Penn State head football coach Bill O'Brien (Class of 1988).

I'll be discussing breaking issues in sports law, including the Boston Marathon bombings and the impact on stadium security.

Even if you are not an alum, but are interested in sports law, I hope you consider attending ($25/person):

Boston Business Breakfast

Michael McCann ’94 • Sports Law

  • Thursday, May 2 at 7:30 am
  • Downtown Harvard Club, 1 Federal Street
  • $25 per person
Lance Armstrong was recently interviewed by Michael McCann '94 for Armstrong's first interview since his conversation with Oprah Winfrey. Join us for a unique opportunity to hear McCann speak at the Downtown Harvard Club on Thursday, May 2 at 7:30 am. A leading expert in sports law, McCann is a tenured professor at the University of New Hampshire School of Law, where he is founder and director of the Sports and Entertainment Law Institute. He is also Sports Illustrated's legal analyst, and serves as an on-air expert on sports law matters for CNN and NBA TV.  McCann is expected to discuss his interview with Armstrong and how Armstrong can defend lawsuits, various legal issues involving the NCAA and student-athletes, and select business and legal issues impacting the NBA, NFL, MLB and NHL. He will also discuss his coverage of the Boston Marathon bombings for Sports Illustrated and WEEI, and how the bombings will affect sports security.

For more information, click here.

Even Watching Will Wear You Out

Spring practice is the easy part for the Dartmouth football team. Check out what the Big Green went through in the run-up to the start of practice:



Former Dartmouth head football coach John Lyons, now the defensive coordinator at New Hampshire, has added a hall of fame honor to his resume. (link) Lyons was 44-15-1 in his first six seasons as the Big Green head coach with two Ivy League

Senin, 29 April 2013

NBA player comes out--Now what?

Sports Illustrated has the story of Jason Collins, a Stanford grad, 12-year NBA veteran, and current free agent (he spent the past year with the Celtics and Wizards) coming out publicly (he came out to his family last summer). Submitted without comment, other than to not that while this is not a star player in the prime of his career, it is a big step in that direction.

It's All About The Tempo

Football Study Hall has taken a look at the "tempo trend" in college football and posted some interesting numbers. Essentially, what FSH did was divide minutes of possession time for a particular team by the minutes played by that team to determine plays per minute.

The  fastest team in college football last year? No, not Oregon. It was Houston with 3.02 plays per minute. Oregon was next at 2.83

Minggu, 28 April 2013

Big Draft Day For Ivy League

A laugh to start your day. Frank Caliendo does his impression of NFL draft guru Mel Kiper in this spot-on video that gets better as it goes along.





By now you probably know that three Ivy Leaguers were taken in the NFL Draft with Cornell offensive lineman JC Tretter going to the Packers (25th pick of the fourth round), Harvard's Kyle Juszczyk going to the Ravens (33rd pick of the fourth

Sabtu, 27 April 2013

"Pros or Cons" Thoughts For The Modern "Sports Attorney" - Part II

Sports Law Blog is publishing a 5-part series on the practice of sports law.  The series is co-authored by Peter Jarvis, a legal ethics and professional responsibility attorney with Hinshaw & Culbertson, LLP in Portland, Oregon and Jason Davis, a California attorney currently residing in Seattle, Washington.  These posts will appear on Saturdays.   The first one is available at this link.  Here is the second one:

---------------------------------------------------------------------------------------------------------------------------


"Pros or Cons" Thoughts For The Modern "Sports Attorney"
Authored by Jason A. Davis, Esq. and Peter R. Jarvis, Esq. (all rights reserved)



(ARTICLE #2)
Home Field Advantage? (Choice of Ethics Law)

As a general proposition, an attorney who is licensed and practices only in one state will be governed by the Rules of Professional Conduct, or RPCs, of that state. When, however, an attorney is licensed in more than one state or the attorney's practice crosses state lines, the picture gets more complex. Of course, an attorney receives and maintains the ability to practice law by virtue of the licensing authority of the jurisdiction(s) in which the attorney is licensed. When the rules of the various jurisdictions are the same, this does not matter. But what if they are different? Which set(s) of ethical rules govern which of the attorney's actions?

In our first segment, we introduced Attorney Al, who is licensed in both New Jersey and New York. Which state's Rules govern Al's representation of his client Mega Star? Fortunately, RPC 8.5 of these two states are substantially similar to each other and to the equivalent ABA Model Rule. New Jersey's RPC 8.5, which is identical to ABA Model Rule 8.5, state in pertinent part:

Rule 8.5 Disciplinary Authority; Choice Of Law
(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. (...) A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct. (Emphasis added)

(b)(2) for [conduct not involving litigation], the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (Emphasis added)

New York's Rule 8.5 varies at (2)(ii) in that if the lawyer is licensed to practice in New York “and another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.” (Emphasis added)

Depending at least in part upon Al's geographic location at the time of this work, one could theoretically pick New York, New Jersey, California or Texas as the location where most of Al's conduct in aid of the representation occurred. And looking at the location of "predominant effect" may not provide a clear answer. Is it New York, because that is where Mega now lives? In California or Texas if he signs with either of those teams? As will be noted, at least the New Jersey rule provides, as a safe harbor, that Al need only conform his conduct to the rules of a state which he reasonably believes is the state of predominant effect.

But if, say, the predominant effect is in a state in which Al is not licensed, will he be subject to discipline or prosecution for the Unauthorized Practice of Law? This topic to be continued . . .
 

This And That



Click to enlarge

Wandering through Floren Varsity House the other day I stopped to take another look at the sign in the entrance and realized most folks who stop by the blog probably haven't been through the door. Some familiar names helped get the building off the ground. Click on the pic to read them.



To take a photographic tour of Floren, click here.



The confusion came from the

Jumat, 26 April 2013

Video In Plain English

The Ivy League has announced that it has reached an agreement to offer complete video packages in partnership with NeuLion. Find a press release here.

While the Ivy release version is certainly clearer than this release (check out that last section if you like puzzlers) it wasn't clear enough for this non-Ivy brain. So here are a couple of things I asked about that might help some of you:

Q: If

View From The Grandstand










(Click in that little box at lower right to go to full screen. Unfortunately the blog program
doesn't allow the picture to be as defined as it is on my screen, which is perfectly clear.)


The beauty of the FieldTurf on Memorial Field is that Dartmouth can practice pretty much regardless of the weather. Where it gets a little tricky is running the entire practice on one field instead of

Kamis, 25 April 2013

The False Claims Act Complaints Against Lance Armstrong

The government this week filed its complaint in the False Claims Act case against Lance Armstrong.  The US annouced it would be joining the lawsuit, filed by "whistleblower" Floyd Landis, back in February.

The government's complaint is available here.

The second amended complaint submitted by Landis, the "relator", is available here, and his original 2010 complaint here.  The Landis complaint, though long the subject of rumor, only became public in January after the seal required in filing FCA whistleblower actions was lifted.

Back in 2010, I identified one issue in the rumored case as being the need to demonstrate a false claim submitted to the government.  The government has asserted both false claims and "reverse false claims" to meet that piece of the statute.

Lance's $125 million personal fortune is on the line. In February, I predicted that Armstrong's public pseudo-mea culpa meant he was prepared to settle the FCA case.  No sign yet that a settlement has been reached.

QB News Galore

News that the only experienced scholarship quarterback at Penn State has decided to transfer after learning he would not get first-team snaps in the preseason means one of two freshmen of interest in these parts could be second- or third-team when the Nittany Lions break camp in late August.

The transfer of Steven Bench, who saw limited time in 2012, leaves junior college transfer Tyler Ferguson

Rabu, 24 April 2013

Three At Night

Add another night game for the Dartmouth football team.

News broke yesterday that the Nov. 2 game at Harvard will kick off at 5 p.m. Sunset will be at 5:36 that night.

It had been previously announced that the Big Green would open at Butler at 6 p.m. on Sept. 21 and kick off the home season against Holy Cross the next week at 7 p.m.

Game times for eight of the 10 games have now been announced.

Selasa, 23 April 2013

Catch Up With The Coach

The third annual Dartmouth's In Town Again series will kick off May 7 with football coach Buddy Teevens headlining gatherings in eight cities up and down the east coast (with a quick stop in Cleveland). Here's the schedule:

Tues., May 7 – Miami, Fla. (Shula's Steak House) 7-9 p.m.
Weds., May 8 – Atlanta, Ga. (Private residence in Milton, Ga.) 6:30-8:30 p.m.
Thurs., May 9 – Wilmington, Del. (Ed

Senin, 22 April 2013

Building For The Future

The Dartmouth has a story that would have worked nicely under the headline, "Tourin' Floren." Click through to get an inside look at Dartmouth's varsity house.



The local daily had a story last week about Dartmouth wide receiver/outfielder Bo Patterson. (Editor's Note: Thanks to a bunch of people for catching the typo ;-) Click here to read about the sophomore who is batting .306 and is tied

Minggu, 21 April 2013

Take A Look



Click (Mac users can click a second time) for a panorama view of Saturday's practice.




In 2008 defensive lineman Rich Cummings of North Syracuse, N.Y., won Dartmouth's 12th Man Award, one of my favorites. It is presented, "to the varsity player who shows hard-working dedication without regard to playing time."



Rich is bringing the same selfless attitude to this summer's New York City

Sabtu, 20 April 2013

"Pros or Cons" Thoughts For the Modern "Sports Attorney" - Part I

Sports Law Blog will be publishing a 5-part series on the practice of sports law.  The series is co-authored by Peter Jarvis, a legal ethics and professional responsibility attorney with Hinshaw & Culbertson, LLP in Portland, Oregon and Jason Davis, a California attorney currently residing in Seattle, Washington.  These posts will appear on Saturdays.  Here is the first one:

---------------------------------------------------------------------------------------------------------------------------

"Pros or Cons" Thoughts For The Modern "Sports Attorney"
Authored by Jason A. Davis, Esq. and Peter R. Jarvis, Esq. (all rights reserved)

Being a "sports attorney," in today's national professional sports scene can be a precarious balance of seeking the best advantage for your client, while ensuring that you maintain your sworn obligations as a licensed attorney. All attorneys owe ethical obligations, which are enforced by the state bar association(s) or the judicial system(s) in jurisdictions in which the attorney is licensed. In addition, some governmental agencies have their own rules and many civil and criminal statutes apply to lawyers. Just as in any sport, the most spectacular play can be overturned and players sanctioned or sent off the field if there was an infraction of the rules.

In the following series of articles, constituting four additional installments, we would like to highlight specific areas of concern that an attorney who serves a professional athlete/entertainer on a national scale may encounter. We hope to start the conversation that will lead to an enlightened approach of balancing responsibilities owed to the profession and the client.

To set the playing field, consider the following hypothetical:

Mega Star currently resides in New York and plays professional football for the Big Bruisers, and he has a long-standing relationship with Attorney Al, who is licensed in both New Jersey and New York. Mega's contract with the Big Bruisers is set to expire at the end of the season. With the end of Mega's career in the foreseeable future, he wants his next (and possibly the final) contract signing to be as lucrative as possible. Two other teams are trying to sign Mega for next season. One team is located in California, and the other in Texas. Mega also wants to start a motivational speaking business -- on the side for now but as a full-time endeavor after his professional career ends.

Mega asks Al to (1) negotiate possible contracts with (a) the California team, (b) the Texas team, (2) analyze possible state and federal tax implications of each. In addition, Mega wants Al to (3) organize a motivational speaking business and file the articles of incorporation in Delaware, and (4) review and advise him on a real estate purchase for a vacation home in Florida.

Over the next four installments, we will cover the common ethical obligations as it pertains to an attorney who practices on a national level. More specifically, we will cover questions concerning which jurisdiction's ethical rules may or do apply and the unauthorized practice of law.

Tune in next time to see how Al could/should ethically respond to Mega's requests.

--Jason A. Davis & Peter R. Jarvis

A Different Kind Of Playbook

Update: Video interview with Dartmouth junior Abbey D'Agostino, who on Friday won the invitational elite 5,000-meter race at the famed Mt. Sac Relays in 15:11.35, the fastest time by an American runner this year and the second-fastest time in the world. She won the race by 10 seconds.

Dartmouth report.


Dartmouth has a number of outreach programs with local schoolchildren and Dartmouth

Jumat, 19 April 2013

More Honors For Recruits



Darius George

Incoming safety Darius George of  Cardinal Gibbons High School in Fort Lauderdale, Fla, received the Scholar-Athlete Award at the Brian Piccolo Awards Dinner Wednesday night in Coral Springs. The 38th annual National Football Foundation and College Football Hall of Fame's Brian Piccolo Chapter celebration also saw Darius win the chapter's Defense Award.

South Florida High School

Kamis, 18 April 2013

Another Upgrade at Adams FieldNew Pressbox Under Construction

In a continuing effort to upgrade the W.B. Adams stadium area, Ferrum College has dismantled it's football pressbox, in order to make room for a new and modern facility.
This new pressbox will be constructed by Mod U Kraf of Rocky Mount, Va. The same company that built Dyer and Clark residence halls.
This is a much needed development, and will only enhance the press and broadcast facilities. I was in the press box a couple of years ago. and the need for the upgrade was apparent. The press box in place could no longer accomodate the demand of press coverage, broadcast and announcer needs, nor those of statisticians....not comfortably anyway. It, like the other pressbox, will also house the concession operation.

Look for the new pressbox to be completed well ahead of the first home game for the Panthers on  September 14th.

Why fan speech matters

If you want proof that sports fan speech matters, that it has strong political content, and that the stands of sporting events are a site of genuine First Amendment activity, look no further than last night's Boston Bruins game, the first game played in Boston since the Marathon bombing.



Sporting events remain the only place in which adults regularly gather and engage in patriotic rituals, so the game marked one of the first ordinary events in which people could come together in an expression of patriotism, support, and healing in the wake of a tragedy. It is a great moment--and also an unquestionably political one and an unquestionably expressive one.

Should it matter that moments like this also give us obnoxious t-shirts and chants?

Set For Star Game

Incoming freshman Charlie Miller of Totino-Grace High School in Minnesota has been chosen to play in the 40th Annual Minnesota Football Coaches Association High School All-Star Game on June 29. From a Star Tribune story:

Miller, a wide receiver/defensive back, was the latest in a long line of smart and fast Eagles’ players who could make big plays at various positions. 




Mic'd up with Pete

Rabu, 17 April 2013

Mendamba "Jerman vs Spanyol" di Final Liga Champions

Sudah diketahui bahwa musim 2012/13 ini menghadirkan "dua negara" dalam semifinal liga champions. Jerman mengirimkan dua wakilnya di babak semi-final, yaitu Bayern Munich dan Borussia Dortmund, sedangkan Spanyol mengirimkan Real Madrid dan Barcelona.

Pada semi-final nanti, Real Madrid akan menghadapi Borussia Dortmund, sedangkan Barcelona akan bertemu dengan Bayern Munich. Secara matematis kekuatan masing-masing tim merata, karena memang pada pertandingan sebelum-sebelumnya, keempat klub tersebut sudah menunjukkan kapasitas mereka, bahkan Real Madrid dan Dortmund merupkan dua klub yang pernah berada satu grup yang sama pada babak penyisihan.

Banyak yang berharap akan terjadi El Classico dibabak final nanti, Barcelona vs Real Madrid dianggap sebagai final yang layak dinantikan. Tapi, saya pribadi berharap akan terjadi pertemuan antara dua klub dari negara yang berbeda pada laga final nanti, yang artinya bahwa memungkinkan pertemuan antara Real Madrid vs Bayern Munich, atau Barcelona vs Borussuia Dortmund.

Akan sarat gengsi misalkan saja pertemuan klub dari dua negara yang berbeda pada babak final, tentu saja akan lebih menarik. Kalau pertemuan final antar klub dalam kompetisi yang sama, kesannya seperti liga domestik, dan saya pribadi menilai tak semenarik misalkan pertemuan antara tim dari dua negara yang berbeda. Apapun itu, kita berharap akan terjadi pertandingan yang menarik dibabak semi-final, dan nantinya akan memunculkan klub yang terbaik dibabak final. Tak perlu memilah, karena sepak bola memang susah diprediksi.

Hump Team?

When I saw that The Sports Network had a column under the headline Getting over the hump I clicked through fully expecting that if an Ivy League team were mentioned it would be Dartmouth.

Surprisingly, to me at least, the Ivy team mentioned in the story was Yale.

If by "hump" the column is suggesting a program that is at a tipping point, Dartmouth absolutely fits the bill. The Big Green's

Selasa, 16 April 2013

Another Rant?

Surfing from one opponent football site to another to grab bits and pieces of information I have something to rant about. You aren't surprised, are you?

Week 2 opponent Holy Cross has a video interview with head coach Tom Gilmore in the aftermath of the Crusaders' spring game. I had no absolutely interest in sitting through the video and instead checked out the story posted below it.

As was the

Senin, 15 April 2013

NCAA: Choosing the Interests of Coaches (Revenue) Over Students Yet Again

For years you have heard my ranting about the preposterous NCAA rules related to the ability of college athletes in men's basketball to properly evaluate their prospects in deciding to enter the NBA draft and forgo college eligibility.  Two years ago I wrote this piece in Huffington Post entitled "Transitioning From the NCAA to the NBA: Time for a Change in the Rules" that turned into this law review article in the Harvard Law School's Journal on Sports & Entertainment Law.

Today once again reminds us of how the NCAA chooses, yet again, to favor the interests of the high paid coaches over the students that they so publicly claim to protect and value.  While the NBA and NBPA have created the current "one and done" environment in men's basketball, the NCAA does an absolutely miserable job in allowing students to properly assess their prospects in making a wise decision as to whether or not to leave early.  How?  Well look at the dates for this process:

April 15th: Last day the NBA will provide an assessment, allowed under NCAA rules, of an underclassmen's prospects.

April 16th: Last day a student-athlete can withdraw from the NBA draft and retain their eligibility.

This provides a full day to make an assessment and, under NCAA rules, to do so without an agent.  OK, you'd then assume that the NBA's deadline to declare for, or withdraw from, this year's draft is imminent......right?  Nope.  Their deadlines are as follows:

April 28th: The last day a prospect can submit their name for this year's draft.  More importantly, is the following date...

June 17th: The last day a prospect can remove their name from the NBA draft.

What?  Yup, the NBA doesn't require someone decide until June 17th, a full TWO MONTHS, after the NCAA requires a college athlete make their intentions known.  You then, rightfully, ask why this gap?  Well, because college coaches wanted an early deadline to help them recruit should someone leave early.

I stand by my earlier statement, this is another example of the NCAA making decisions and rules for high profile, well paid, coaches, rather than the college athlete.  Or, as those of us on the basketball court may yell when blocking a shot...."CERT DENIED!"



http://www.draftexpress.com/article/Testing-the-NBA-Draft-Waters-in-2013-4103/

Tax implications of Olympic prize money

In honor of tax day,some sports law reading to accompany your free Cinnabon - Kathryn Kisska-Schulze (NC A&T) and Adam Epstein (Central Michigan) recently posted Taxing Missy: Operation Gold and the 2012 Proposed Olympic Tax Elimination Act.  The abstract provides:
The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way into sports law generally; investigates the USOC’s Operation Gold program, including a discussion of the relationship between the National Collegiate Athletic Association (NCAA) bylaws and USOC with regard to the program and prize money; analyzes the proposed OTEA; and addresses alternatives to the OTEA by encouraging other tax savvy options outside the outright elimination of such income from the Internal Revenue Code (I.R.C.) purview.

A Familiar Name (Or Two)

Four years ago in this electronic precinct you saw a series of funny videos with incoming linebacker Michael Tree like this one. Health issues ended Tree's career, but not his video career. He was back on camera yesterday with this short political announcement that finishes with some good music and a beautiful smile (if I do say so myself):



Voting for Dartmouth student body president began

Minggu, 14 April 2013

Sweet Taste of Success



Congratulations to Andy Gay, Garrett Waggoner and Jimmy Johnson for a Best in Show award at the 2013 Dartmouth Ventures Entrepreneurship Conference, hosted by the Dartmouth Entrepreneurial Network (DEN), the Entrepreneurship Initiative at Tuck, and Tuck’s Center for Private Equity and Entrepreneurship.


Gay, Waggoner and Johnson, who learned something about being teammates on the Dartmouth

Sabtu, 13 April 2013

American Indian Mascots Continue to Divide

Moni Basu at CNN has just written yet another "take" on the American Indian mascot conundrum.  In Native American Mascots: Pride or Prejudice?" Basu interviews Suzan Shown Harjo who brought the now famous case Harjo v. Pro Football, Inc., attempting to have the trademark for the "Washington Redskins" canceled because it is offensive, derogatory, and contemptible.

Although "Harjo was defeated in the courts, . . . public opinion has been shifting steadily on the matter.  In March, several lawmakers introduced a bill in Congress that would amend the Trademark Act of 1946 to ban the term “redskin” in a mark because it is disparaging of native people. Among the sponsors of the bill is civil rights activist Rep. John Lewis, D-Georgia.  Harjo says she hopes the legislation will accomplish what litigation has failed to do so far.  If passed, the bill would force the Washington football team to discard its trademarked name and ban the use of any offensive term in any future trademarks."

Ah Spring


With Interim President Carol Folt leaving Dartmouth to become chancellor at the University of North Carolina, the News & Observer out of Raleigh decided to compare the athletic departments of the two schools. The final analysis: There is no comparison.











Watch this 30-second video and you will see why we went to the expense of putting a metal roof on our house a few years ago. We didn't

FB Postponed

If you were planning to come out to football practice this morning you are out of luck. Barring a late change, today's session has been postponed. More in a bit.

Jumat, 12 April 2013

Snow Way!



Baseball's Red Rolfe Field at Biondi Park Friday afternoon.

Rethinking the Origin and Preservation of Baseball's Antitrust Exemption

Why was Baseball granted an exemption from Section 1 of the Sherman Act, and why did it last in its entirety so long - until the Curt Flood Act of 1998?  On Concurring Opinions, Aaron Zelinsky (who I believe is the first U.S. Supreme Court clerk and Sports Law scholar) has a terrific two-part series (Part 1, Part 2) that addresses the question and also reviews a new book by Stuart Banner on the topic, The Baseball Trust: A History of Baseball's Antitrust Exemption.

Sticking Around

The local daily has a story today about former defensive lineman Teddy Reed slimming down since the end of football season to play defense for the Dartmouth lacrosse team. Not sure if you can access it online without a subscription but if you can, it's here.

From the story:

“I had been in Dallas last summer, eating a lot of beef brisket, so just cutting my diet back helped a lot,” the 6-foot-4,

Kamis, 11 April 2013

Flag Waving

Saw a list of the most- and least-penalized teams in the Big Ten over the past five years and that got me wondering how Ivy League teams stacked up in terms of flags so I worked up these numbers.

FIVE-YEAR AVERAGES:
Number Of Penalties Per Season
1. Penn 47.2
2. Princeton 47.6
3. Dartmouth 54.0
4. Columbia 54.8
5. Yale 61.0
5. Brown 61.0
7. Cornell 61.2
8. Harvard 66.8

Penalty Yards Per Game
1.

Rabu, 10 April 2013

QB II



Alex Park (14) and Dalyn Williams (10)


Dartmouth kicked off spring football yesterday and the "lede" of the first story on BGA Premium was spun out of the fact that there will be headline-grabbing quarterbacks at seven of the eight Ivy League schools next fall. No guarantees that they will all play, but it should be interesting.



Here's how the BGA story began:


Brown and Penn are bringing

Apakah Manchester City Mampu Mengejar Manchester United?

Liga Primer Inggris musim 2012/13 sudah memasuki pekan ke-32, itu artinya bahwa pertandingan menyisakan enem pertandingan lagi, Sebelum memasuki pertandingan pekan ke-32, banyak yang memprediksikan gelar juara hampir pasti diraih oleh manchester United, tak berlebihan memang, karena selesih poin antara MU dengan peringkat dua (Manchester City) adalah 15 poin. Roberto Mancini selaku pelatih City juga sudah menyatakan kalau tim-nya sudah sulit untuk mengejar United.

Pekan ke-32 mempertemukan derby Manchester, dimana MU bertindak selaku tuan rumah saat menjamu City, banyak prediksi kalau gelar juara hampir pasti milik MU seandainya dalam pertandingan ini MU mampu mengalahkan City. Namun ternyata kenyataan berkata lain, meski bertindak selaku tuan rumah, MU tak mampu mengalahkan City, dan bahkan harus mengakui keunggulan City dengan skor 1-2.

Dengan hasil tersebut praktis membuat persaingan memanas kembali, karena selisih poin antara MU dengan City tinggal menyisakan 12 poin. Meski sulit karena menyisakan enam pertandingan lagi, secara matematis peluang City masih terbuka lebar, mengingat pada musim lalu City juga sukses mengejar ketertinggalan mereka dari MU.

Secara umum peluang MU masihlah besar, Sir Alex Ferguson tentu belajar dari pengalaman musim lalu, apalagi saat ini peluang gelar bagi MU hanya menyisakan liga primer saja. Pendukung City boleh saja berharap tentang "keajaiban" seperti musim lalu, tapi hanya dengan sisa enam pertandingan lagi saya pikir MU masihlah digaris terdepan untuk memenangi gelar juara di musim ini.

Selasa, 09 April 2013

Miami Marlins and Free Speech

Leave it to the Marlins to be the team that might actually test my theories on fan expression. Could there be a better example of a ballpark that is publicly funded even if not publicly owned and thus still bound by First Amendment limits?

I am attending tonight's game with a friend; I'll have to keep my eyes open.

Update: I did not see anything at the game--no t-shirts, no signs, no chants. Just an announced crowd of 14,000 (probably a few thousand smaller in reality), the roof actually open on an unusually cool evening, and the Marlins losing again.

Baseball's Antitrust Exemption in the News

Baseball's antitrust exemption has recently been the focus of two unrelated news stories.  First, in the continuing saga of the Oakland Athletics' attempted move to San Jose (see earlier Sports Law Blog posts from 2009 and 2012, respectively, for more background), San Jose Mayor Chuck Reed sent a letter to MLB commissioner Bud Selig on Tuesday requesting a meeting to discuss the A's proposed relocation.  In the letter, Reed urged that a meeting could help avoid "additional litigation," an indication that the city may be considering whether to sue MLB to help boost the A's relocation efforts.  Indeed, Mayor Reed's request comes on the heels of a threat last month from San Jose Councilman Sam Liccardo, who reportedly discussed "the possibility of San Jose or local businesses challenging baseball's long-standing antitrust exemption in a lawsuit, something he [said] private attorneys would take on at no cost to the city."  Liccardo previously made a similar threat back in 2012, however, so it is unclear whether he or the city would actually be willing to follow through with an antitrust suit against MLB.  Update (4/11/13): Bud Selig has officially declined Mayor Reed's offer to meet.

Meanwhile, in an unrelated case, a Florida state court judge recently refused to dismiss an antitrust suit filed against the minor leagues in spite of baseball's antitrust exemption.  The suit was filed last year by the Jim Evans Academy of Professional Umpiring against the National Association of Professional Baseball Leagues -- the entity officially governing minor league baseball -- and alleges that it unlawfully restrained trade by revoking the Evans Academy's accreditation to train professional umpires, after it established its own umpire training academy (the NAPBL reportedly contends that it revoked the accreditation due to a racist bowling party sponsored by the Evans Academy).   

In a decision issued on March 28, Judge Lisa Munyon denied a motion to dismiss filed by the NAPBL, holding that baseball's antitrust exemption did not apply to the case.  Judge Munyon primarily based her decision on the 1994 Butterworth v. National League precedent, in which the Supreme Court of Florida held that baseball's antitrust exemption only shielded the reserve clause (the restraint historically used to tie a player to his team for life).  The Butterworth court reached its decision by relying on a questionable decision from the Eastern District of Pennsylvania in the 1993 case of Piazza v. Major League Baseball.  Although I have previously argued that both the Piazza and Butterworth decisions were wrongly decided, Judge Munyon was nevertheless bound to adhere to the Butterworth opinion in the Evans Academy's case.  A trial in the case has tentatively been scheduled for March 31, 2014, although it remains to be seen whether the minor leagues will appeal this most recent decision. 

Here We Go



The waiting is over. Spring practice begins today. (BGA file photo)




The Big Green hits the field at 4:45 today for the first of the 12 spring practices allowed in the Ivy League. The full schedule subject to change):



Tuesday April 9 4:45 p.m. Memorial Field

Thursday April 11 4:45 p.m. Memorial Field

Saturday April 13 9:45 a.m. Memorial Field



Tuesday April 16 4:45 p.m. Memorial Field

Senin, 08 April 2013

And The Winner Is . . .



Sunday's Dartmouth football banquet 



Dartmouth's seniors sing the Alma Mater at the banquet.
(click to supersize)

Here are the presentations made at Sunday's Dartmouth football banquet:

Earl Hamilton Freshman Award – Presented to the member of the freshman team who has been selected by the coaching staff as the player has made the most outstanding contribution to his team. Corner Vernon

Minggu, 07 April 2013

Dark Days for the Scarlet Knights

The Rutgers scandal is as much about this burgeoning field of sports law as it is about anything—but not in a good way. It is about University officials and their lawyers not doing their job well and being caught up in the same critical mistake that seems to scar all the wrong decisions that lead to these scandals in the first place: allowing the money that flows through the leagues, teams and their stars to color what is right and wrong.

The mess began when Mike Rice’s assistant coach Eric Murdock notified University officials of the coach’s abusive behavior by showing them a video of his outrageous conduct. Instead of just firing Rice for treating their students in an unacceptable manner--like they would any other member of the administration—University officials consulted an outside law firm for a recommendation. After all, unlike even the most prestigious member of the faculty, this coach had a five-year $650,000 contract. The lawyers came to campus, interviewed players and coaches, watched the videotape of the practices we all have now seen, and told the President of the University that Rice had not created a hostile work environment for the former assistant coach Murdock. What? That is like cops investigating the scene of a bank robbery and concluding the transaction did not violate IRS rules when the perp received more than $10,000 in cash from the teller.

Of course, Rutgers was just about to enter the lucrative world of big time athletics by joining the Big Ten. A scandal might upset that plan, forcing the Scarlet Knights to remain in the lowly Atlantic Ten.

When the video finally surfaced, and the public outcry began, Rice was immediately sacked—no lawyers had to be consulted—and the athletic director resigned to the tune of a reportedly $1.25 million severance package.

But wait, the latest is that the FBI is getting involved. Surely, now the focus will be on ensuring that the rights and dignity of students at a state institution are not compromised merely because they sign on to play for one of the school’s extremely profitable athletic programs. Actually, according to today’s New York Times, the FBI is also focusing on Murdock and whether his demand to settle his wrongful discharge suit amounted to extortion.

No one seems to have their eye on the ball.

Fore!



Click photo to go to brochure.

Spring football starts in two days in these parts and that can mean just one thing.

Golf?

Mark Saturday, June 15 for the 16th Annual Dartmouth Football Golf Classic. (Editor's note: It's a great day but I've seen these guys swing a club. Golf Classic might be stretching it ;-).

The festivities will begin with a Friends of Football meeting at the newly

Sabtu, 06 April 2013

Private Prison Company Stadium Naming Deal Fails

Rendering of how GEO Group Stadium would have appeared
When the GEO Group and Florida Atlantic University agreed to a $6 million football stadium naming deal in February 2013, neither GEO CEO George Zoley or FAU President Mary Saunders anticipated the incredible backlash that descended upon the private for-profit prison company (GEO) and the University.  Due to student protests, faculty opposition, national media attention being drawn to GEO's terrible record of human rights violations in its private prisons, and the quickly attached nickname of "Owlcatraz" to the FAU Owls football stadium, GEO Group announced yesterday that it was withdrawing its pledged stadium naming donation.  In pulling its $6 million pledge, CEO Zoley released a self-serving statement blaming "distractions" as the reason that the pledge was being withdrawn.  Per Zoley:  "What was originally intended as a gesture of GEO's goodwill to financially assist the University's athletic scholarship program has surprisingly evolved into an ongoing distraction to both of our organizations."

The "surprising[] . . . distractions" to which Zoley refers include (a) student protests challenging FAU to reject the donation as hypocritical pointing out that GEO Group's profit base is derived almost entirely from human misery and suffering, (b) an overwhelmingly passed faculty resolution calling upon President Saunders to cancel the deal because GEO Group's "business practices do not align with the mission of the university," (c) a sit-in held in President Saunder's office by students, (d) a mocking national spotlight from Stephen Colbert's comedy/news show (suggesting that one of the problems of drawing attention to your business, is that people will pay attention to what your business actually does), and (e) community outrage protesting GEO's intimate affiliation with an institution of higher education.

Private prison companies are perversely incentivized to generate profit based on human misery through working to increase the incarceration levels of United States citizens and immigrants.  Private prison corporations pay dozens of millions of dollars to lobby legislators for harsher sentencing regimes, new crimes that require incarceration (AZ SB1070), and increasing prevalence of private prison contracts based on dubious claims of efficiency and cost savings.  Without providing any product or needed public good, GEO Group, the Corrections Corporation of America (CCA), and other private prison companies profit in two primary ways that are incredibly objectionable:

First, private prison companies contract with state and federal governments to warehouse U.S. prisoners and are paid in taxpayer funds on a "per bed" basis.  Essentially, taxpayer funds are being transferred from taxpaying citizens into the pockets of private prison company executives and shareholders for no recognizable good or service.  Almost all of the recent emerging evidence suggests that private prison companies run prisons LESS efficiently, LESS safely, and LESS cost effectively than do federal and state governments.  The Lake Erie Prison report just released finds that CCA is so profit driven, that the CCA- run prison at Lake Erie does not provide proper supervision of prisoners and that drug use and violence are rampant, both in an attempt to avoid costly prisoner lawsuits. 

Second, private prison companies exploit the labor of the prisoners in their care by entering into contracts with companies like IBM, Victoria's Secret, WalMart, and McDonald's for prisoners to work for pennies with the contractual rewards paid into the coffers of the private prison company (thus to shareholders and executives).  Prisoners are paid between $0 and $4 for the labor that they engage in sewing for Victoria's Secret, manufacturing for WalMart and McDonalds, with the fruit of their labor being paid to the prison company rather than to the prisoner.  Indentured servitude continues in our prisons in the United States and the GEO Group and CCA profit from these immoral activites.

That both of these profit sources continue in the United States today is shocking.  That the students, faculty, and community at FAU recognized this appalling business model is heartening. The GEO Group's name will NOT adorn the football stadium at FAU.  It appears that "surprising[] . . . distractions" of massive protest are just beginning for the private prison industry.

Showtime



Gordy Quist on guitar and Trevor Nealon, back left, on keyboardslast night at the Iron Horse.

Mrs. BGA and I sat with former football team mom/administrative assistant Michele Robinson and her family to watch Gordy Quist, Trevor Nealon and The Band of Heathens last night at the Iron Horse in Northampton, Mass. The Heathens will be playing in Boston tonight, in Fairfield, Conn., tomorrow and in

Jumat, 05 April 2013

Odds and Ends

Meant to post this when I first saw it but an email yesterday got me off my duff.  . . .

Former Dartmouth quarterback Ed Lucas '04, who gave up football to pursue a baseball career, is playing this year with the New Orleans Zephyrs, the Triple-A affiliate of the Miami Marlins. According to the Times-Picayune, the onetime Dartmouth shortstop is slated to be back at that position after playing

Kamis, 04 April 2013

Benvenuto Shawn


If you watched Dartmouth football the last few years there's a good chance the scene in this clip will look familiar . . .













Overlooked by NFL teams coming out of the Ivy League and cut loose by Hamilton of the CFL, Shawn Abuhoff '12 – who has to be in any conversation about the best defensive back in Dartmouth history – is playing this spring for the Milan Seamen of the Italian

Rabu, 03 April 2013

Odds And Ends

The Sports Network lists 6-foot-3, 270-pound Princeton defensive end Mike Catapano as the Ivy League's top draft prospect on the defensive side, but does not list him among the top 11 (top 11?) FCS defensive prospects nationally. Find out who made the cut here.


Kudos to Columbia for being the first Ivy League school to post its official recruiting list here. Capsules on the players include

Selasa, 02 April 2013

Terrific Catch



Click to enlarge. The text is also reproduced below.


A publication called GREEN AT DARTMOUTH features, "Stories of student transformation," and one of those stories in the spring 2013 issue is about sophomore wide receiver Jordan Aré. Who knew, but it turns out that Aré was the second football player in a row to win the Churchill Award for contributions as a freshman, following

Senin, 01 April 2013

The Debate Regarding the Exploitation of Student-Athletes Continues

The NCAA's March Madness has, once again, sparked the debate as to the exploitation of college athletes.  As the tournament generates millions of dollars and soaring television ratings, people continue to question why those that produce this revenue aren't compensated adequately for their role.

Our own Michael McCann appeared on Bloomberg TV to advocate paying college athletes.  You can watch the video clip here.  Nice job, again, Mike.

The horrific, and truly tragic, injury to Louisville's Kevin Ware has also riled up student-athlete advocates on the lack of insurance policies--both medical in general and disability in particular once again.  For example, did you know that if Ware doesn't have a multi-year scholarship Louisville would be within their legal rights to take his scholarship away if they so choose?  [I have no reason to think they will, only that they would have the right to do so.]  This article by CBS Sports talks about Ware's situation, and lack of insurance policies.

Fellow student-athlete advocate Marc Isenberg wrote this fine piece entitled "The Student-Athlete Disability Insurance Program isn't What the NCAA Cracks it up to be."

The New York Times is writing a piece on insurance and Ware, for which I along with several others, have been interviewed.  We'll get a link to that article up as soon as it's available.

Finally, I've written an Op Ed piece for US News on the topic of paying student-athletes.  Here's the link.