GAME PREVIEW:Ferrum @ North Carolina Wesleyan

For the last time this season, Ferrum will board the bus as their schedule takes them to Rocky Mount North Carolina to play the 1-8 Battling Bishops of North Carolina Wesleyan.
Both teams are coming off losses, and for the Bishops, they are playing their last game at home. On the surface, this is a winnable game for Ferrum, but it is also one that is in no way a sure thing. NCW has an offense that can move the ball, and put points on the board. They are averaging 22ppg, and 148 rushing yards per game. They are also averaging 216 yards through the air. This could be one of the closest games of the season, and literally could go either way. I look for a lot of points to be put up, but believe Ferrum's defense will prevail in slowing their ground game, and that the Ferrum offense will have just a little more talent. It is a tough game to call, but I give Ferrum the edge....may be a last minute field goal.

Ferrum 38

NCW 36

In the other games, I see it this way.

Huntingdon @ Averett

Methodist @ Greensboro

Christopher Newport @ LaGrange


Go Panthers!

Check It Out

For the first time in, well, seemingly forever, The Sports Network is picking Dartmouth to win at Harvard Saturday.

TSN calls the game, "basically a title eliminator," and that's true. Since official Ivy League championship play began in 1956 only twice has a team with two losses won a share of the title and whichever team loses Saturday at Harvard Stadium will have two losses. (In case you are

A Little Recruiting

Recruiting news has been hard to come by this fall but with help from a couple of emailers here's a commitment and an interesting candidate:



The commitment is from Emory Thompson, a 5-foot-10, 170-pound defensive back from Paul Laurence Dunbar High School in Lexington, Kent. As a junior he led the state of Kentucky last year with seven interceptions. He had three fumble recoveries, two forced

Another Honor For McNamara

Dartmouth sophomore linebacker Will McNamara has been chosen one of two National Defensive Players of the Week for bringing back two interceptions for touchdowns in Saturday's win over Columbia. Find a story here.

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Teams of some interest in the poll conducted by The Sports Network:
9. Fordham 8-0
10. Maine 7-1
16. New Hampshire 4-3
22. Lehigh 6-2
32. Princeton 5-1
34. Harvard 5-1

From the FCS

The University of New Hampshire School of Law and Sports Illustrated proudly invite you to attend A Town Hall on O'Bannon v. NCAA on Tuesday, November 5th from 6 p.m. to 7:30 p.m. in Room 282, followed by a reception in the Franklin Pierce Center for Intellectual Property.

The Town Hall will examine how a class action lawsuit against the NCAA could radically change college sports as we know it.  Through legal arguments sounding in intellectual property and antitrust, Ed O'Bannon—a former basketball star at UCLA—contends that current and former Division I men's basketball and football players should be paid for their image and likeness on television broadcasts, video games, trading cards, apparel and other commercial ventures.  The Town Hall will also consider related cases, including Sam Keller v. NCAA and Ryan Hart v. Electronic Arts, as well as pending federal legislation in the NCAA Accountability Act.  Collectively, these legal developments could lead to the compensation of college student-athletes and impact their unionization and quasi-employment rights.

The Town Hall will feature some of the most influential and insightful people in college sports:

Moderator
B.J. Schecter	B.J. Schecter, Executive Editor of Sports Illustrated and SI.com. Schecter is a sports journalism professor at CUNY Graduate School of Journalism and Columbia University Graduate School of Journalism.
Panelists
Charles Grantham	Charles Grantham, former Executive Director of the National Basketball Players Association (NBPA). Grantham was an architect of the revenue-sharing business model while protecting the NBA’s greatest asset—its players. Currently, he is a sports business consultant and an Adjunct Professor at Seton Hall University’s Stillman School of Business and New York University where he teaches at the graduate level on collective bargaining and dispute resolution in professional sports.
Professor Michael McCann	Professor Michael McCann, Director of the Sports and Entertainment Law Institute and a tenured professor at UNH Law, teaching Pro Sports Law, Amateur Sports Law, andSales.  Legal Analyst and Writer at Sports Illustrated & SI.com.
Alan Milstein	Alan Milstein, Shareholder at Sherman Silverstein in New Jersey, Milstein is one of the nation's leading litigators in both sports and bioethics.  Milstein has litigated on behalf of Allen Iverson, Carmelo Anthony, Eddy Curry, Allen Houston, Maurice Clarett & other sports figures.
Professor Alexandra Roberts	Professor Alexandra Roberts, Executive Director of UNH Law's Franklin Pierce Center for Intellectual Property and a professor of entertainment law and trademark law. Roberts is a former intellectual property litigator at Ropes & Gray LLP in Boston and New York.
Marty Scarano	Marty Scarano, University of New Hampshire Athletic Director in his 14th season, National Association of College Directors of Athletics "AD of the Year" in 2007.  During Scarano’s tenure, UNH teams have made 44 NCAA postseason appearances and captured 14 conference titles. Those teams have also achieved one of the best graduation rates among NCAA members.
Sonny Vaccaro	Sonny Vaccaro, Leading advocate for rights of college athletes and an unpaid adviser to Ed O'Bannon's legal team. Founding Chairman of The Roundball Classic and ABCD camp.  While a marketing executive at Nike, Vaccaro signed Michael Jordan to his first major endorsement package.

Come for the enthusiastic discussion and debate; stay for the hors d'œuvre, beverages, and networking opportunities. We hope to see you there!  Please RSVP to ip.center@law.unh.edu.

* UNH Law is about an hour drive from Boston and directions can be found here.

** Portions of the town hall will be aired on SI Now, Sports Illustrated's Daily Talk Show.  Other portions will be shown through video provided by UNH Law's Sports and Entertainment Law Institute.

McNamara, Carrier Honored

From Dartmouth Sports Publicity:

Two Dartmouth football players — linebacker Will McNamara and wide receiver Jon Marc Carrier — were selected as the Ivy League Football Defensive Player and Rookie of the Week, respectively, for their performances in a 56-0 blanking of Columbia.
And this . . .

McNamara was also selected as the National FCS Defensive Player of the Week by the College Football

Mike Pouncey Subpoena

A potentially major development in the Aaron Hernandez murder case occurred last night, when Dolphins center Mike Pouncey was served with a grand jury subpoena after the Dolphins played at the Patriots.  The grand jury is investigating a potential scheme involving the same of guns and it may be connected to Hernandez.  On SI.com last night, Pete Thamel and Greg Bedard broke the story and I have a legal analysis this morning.

More Columbia

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A note from a regular reader who dug up some interesting numbers about the Dartmouth football team:

Win one more game this year  the class of 2014 will be the first class since the class of 2000 to have a four-year winning record (Last year’s seniors were 19-21 over four years.) The class of 2014 has won 20 games and has four left to play.

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The Dartmouth has a straight game story on the

Long Day on Rocky Top

Ferrum's trip to Maryville Tennessee did not go as hoped, but I am not all that shocked. Maryville is a very strong team, and Ferrum was, in the long run, not able to keep pace. As I was unable to follow the game live, I have to base this post on statistics, and what I have read. It looks to me that Ferrum put up a strongfight, especially in the first half, but were slowly worn down as the game went on. Maryville employed a balanced attack of running and passing, to account for over 500 yards of total offense. In the end the Scots prevailed 53-14.

Now as there are only 3 games left, Ferrum is essentially out of the conference running. Mathematically, they are still in it, and it is true that they were co champions last year with two losses, but things are much different this year. Maryville looks to be the odds on favorite to win the title. Methodist, and LaGrange may still try to have something to say about that, but one more win for Maryville, or one more loss for Ferrum puts the title out of reach for the Panthers. It is too early for speculation on what went wrong, or what changes need to be made,. What is important is that Ferrum finish strong, and let these Seniors go out under the best possible circumstances.

Saturday's Results

How Dartmouth Opponents Fared Saturday





A look at how opponents fared yesterday . . .



Princeton 51, Harvard 48 (Triple Overtime)

Story and stats

Princeton quarterback Quinn Epperly threw for 321 yards and six touchdowns, including one to Roman Wilson in the final overtime as the Tigers won a battle of Ivy League unbeatens. Epperly also ran for a team-high 86 yards. Harvard had won 15

Procompetitive Effects and the Ban on Paying College Athletes

USA Today's Steve Berkowitz wrote on Friday that Judge Wilken denied a motion to dismiss in the O'Bannon litigation.  Here is an excerpt from Berkowitz's article in which he addresses Judge Wilken's remarks concerning whether a ban on athlete pay serves a procompetitive purpose:

Meanwhile, the judge also raised questions about the applicability to this case of the 1984 Supreme Court ruling in NCAA v. Board of Regents, a case that was about control of college football TV rights but the opinion on which included the statement that "in order to preserve the character and quality of the (NCAA's) 'product,' athletes must not be paid, must be required to attend class and the like."

The NCAA has relied upon this language in defending its amateurism system and has successfully used it [in] many prior legal cases.

However, Wilken wrote in Friday's ruling that the case "does not stand for the sweeping proposition that student-athletes must be barred, both during their college years and forever thereafter, from receiving any monetary compensation for the commercial use of their names, images, and likenesses.

"Although it is possible that the NCAA's ban on student-athlete pay serves some procompetitive purpose, such as increasing consumer demand for college sports, Plaintiffs' plausible allegations to the contrary must be accepted as true at the pleading stage."

Wilken also wrote that the Supreme Court "never even analyzed the NCAA's ban on student-athlete compensation under the rule of reason nor did it cite any fact findings indicating that this ban is the type of restraint is 'essential if the (NCAA's) product is to be available at all'. More importantly, the Court never examined whether or not the ban on student-athlete compensation actually had a procompetitive effect on the college sports market."

Berkowitz's piece raises a really interesting question.  In sports antitrust cases, the issue concerning procompetitive effects essentially revolves around competitive balance.  Why is there an assumption that a ban on athlete pay increases consumer demand for college sports and/or fosters competitive balance?  

First, while I do believe there are many consumers who do not want athletes to be paid, I have serious doubts whether there is any correlation between consumer demand and athlete pay (or lack thereof).  For starters, the consumer knows there are lots of athletes in big-time college sports who are paid under the table from boosters and various other third parties (unless of course one believes that the number of athletes getting paid is limited to only those who actually get caught).  But more importantly, if the rules were changed to permit athletes to be compensated for their names and images, I don't believe fans and alumni would take the position, "I'm not watching my team play this weekend because I read somewhere that somebody paid our defensive end $1,000 this week for signing some memorabilia."  

But who cares what I think and let's assume for sake of argument that some consumers would not be interested in the product if the athletes were paid more than they are currently.  How much relevance should it have for antitrust purposes?  Is a producer insulated from antitrust liability simply by calling its product "unpaid labor"?  If all of the law firms in the U.S. agreed to restrict the pay of their associates (in the first four years before making partner) to law school tuition reimbursement, would the agreement pass antitrust scrutiny if they marketed their product to the consumer as "cheap associate labor"?  Most would not dispute that a team salary cap violates antitrust law but is the answer different if a sports league calls its product "salary capped labor"?  If the NFL could show that it is losing consumers because they believe the athletes are grossly overpaid, would/should that have any relevance for antitrust purposes if the league put an individual cap on each player's salary?  

Second, on the issue of competitive balance, the irony is that college football arguably has much less competitive balance than professional football where the athletes are paid competitive wages.  Unlike professional football, college football has "dynasties" and "powerhouses".  For a college sport that supposedly has competitive balance, why are Alabama's football fans leaving so many empty seats in the stadium? 

Baseball rules, again

One year after benefiting from a bizarre and controversial (although I believe correct) Infield Fly call in the NL WIld Card, the St. Louis Cardinals won Game 3 of the World Series on an obstruction call on the Red Sox third baseman (video embedded). Although early reaction (at least outside the Red Sox clubhouse) seems to approve of the call, this one will remain a point of contention, both because it occurred in the World Series and because it allowed the game-winning run to score (officially, it was scored an error on the third baseman who obstructed).

Rule 2.00 of the Official Baseball Rules defines "Obstruction" as "act of a fielder who, while not in possession of the ball and not in the act of fielding the ball, impedes the progress of any runner." A Comment to the rule provides that a fielder can occupy space when "in the act of fielding a ball," but once he has attempted to field a ball and missed, he can no longer be in the act. Thus, if a player dives at a ball and continues to lie on the ground after it is passed him and delays the runner's progress, "he very likely has obstructed the runner." The rule has no intent requirement; impeding the runner, even unintentionally, constitutes obstruction. Under R. 7.06(b), the umpire can "impose such penalties, if any, as in his judgment will nullify the act of obstruction;" typically, that is the base he would have been entitled to without the obstruction.

Here is video of the umpires' press conference, which can best be described as a judicial opinion issued from the bench, explaining a decision. A couple of themes emerge that, I think, support the call. First, intent does not matter, only the result. Even if (as here) it is almost unfair because the play happened too quickly for the fielder to do anything to get out of the way. Second, while the internet is talking about the Sox third baseman's legs going up in the air, the umpires insisted that it was not the legs, but the fielder's body that created the obstruction. Third, it did not matter that the runner was inside the foul line when he tripped over the fielder (one ump said he was right on the chalk, the video suggests he was inside the line), a point the Red Sox players kept repeating in interviews; a runner can "make his own baseline" by picking the most direct path to the next base.

As expected, some players (Sox starter Jake Peavy was one) complained about the game ending on the umpire's call and the umpire "deciding" the game, a reflection of what Mitch Berman has called "temporal variance" in enforcement of sports rules. That argument seems especially incoherent in this context. After all, the Cardinals could just as easily argue that the play was important precisely because the Cardinals had a chance to score the game-winning run and the Sox were preventing him from doing so.

Anyway, obstruction now will be the word of the rest of this Series.

Schooled: The Price of College Sports

Need something to do before you head out Trick-or-Treating on Halloween?  Swing by Harvard Law Schools as The Committee on Sports & Entertainment Law hosts a panel discussion about the business of college sports.

Check Them Out

Where are they now? Check out the 2013 bios for former Buddy Teevens assistants Derham Cato '05 at Vanderbilt and Joe Scola '07 at Kentucky. (Click on the clips to make them readable.)











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It's not sitting courtside at a Lakers game with Jack, but Harvard has upped the ante for good seats at Crimson football games this fall. Check out this blurb on Harvard Football Field Club Seating:

Gearing Up For Columbia

This week's Teevens Teleteaser, courtesy of Dartmouth sports publicity:



The Teevens Teleteaser is a great thing, but every time, and I mean every time I type that title here is what I think of:






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Find the Dartmouth game notes for Columbia here.

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The Dartmouth daily preview includes this sentence, which is hardly bulletin-board material although the word "cakewalk" – couched as it is –

GAME PREVIEW: Ferrum @ Maryville

Saturday, Ferrum travels to Tennessee to take on the Maryville College Scots. With Maryville only having lost one game, and coming off of an impressive road win at CNU, It may look like tough sledding for the Panthers, but in the words of ESPN's Lee Corso, "Not So Fast". Ferrum is in a really good position, and I will tell you why. With Maryville having just won at CNU (which I am sure was regarded as one of their toughest games on the schedule), it may be tough to generate the emotion necessary, and it is also possible that they will look past a team with only 2 wins.  It is possible they will "count their chickens before they hatch"
Also, Ferrum is coming into its own. With Huntingdon losing last week to LaGrange, and riding a two game winning streak, Ferrum should have plenty of momentum for this game. Do not get me wrong, Maryville is likely considered the favorite. This however means nothing until the final whistle blows.
Ferrum is showing a marked improvement on defense, and I have been really impressed with the offense acceleration, both on the ground and through the air. I am not counting Ferrum out of this one. Most statistical comparisons are favoring the Scots, but call it a gut feeling.....I am looking for an upset.

Ferrum 31

Maryville 28

From the Columbia Perspective

Columbia's game notes for Saturday's matchup with Dartmouth have been posted here.

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The Roar Lions blog offers an exhaustive analysis of the Big Green in anticipation of Columbia's trip north.

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The Columbia Spectator writes about Dartmouth tailback Dominick Pierre. Lions coach Pete Mangurian describes the Ivy League's leading rusher this way:

“He’s big, he’s powerful, he can break tackles

Suffolk Law School Panel on College Athletics

Suffolk Law School will be hosting a panel discussion on October 24th titled "Compensation, Commercialization, and Labor Issues in NCAA Division I Sports."  Panelists will discuss the fact that big time college sports = big business.  Experts will discuss a myriad of issues facing the NCAA including compensation for student-athletes, the O'Bannon lawsuit involving EA Sports, and the investigation investigation into Heisman Trophy winner Johnny Manziel's alleged acceptance of money for autographed memorabilia.

Scheduled speakers include:

* Moderator: Brian McLaughlin, Vice President, Symmetry
* Jay W. Fee, Of Counsel, Nelson Mullins Riley & Scarborough, LLP; Adjunct Law Faculty, Suffolk University Law School
* Nancy H. Lyons, Senior Associate Athletic Director for Compliance/SWA, Boston University
* Lisa P. Masteralexis, Head of the Mark H. McCormack Department of Sport Management, Isenberg School of Management at University of Massachusetts, Amherst.
* Warren K. Zola, Assistant Dean for Graduate Programs; Adjunct Faculty, Carroll School of Management, Boston College

It's not to late to attend by registering here.

Six Degrees Of Connection

Judging by the number of people who have shared a link, more than a few of you have probably seen this on Slate:

Six Degrees of Kevin Garnett 

Connect any two NBA, NFL, and MLB athletes in history—even if they played different sports.
Here are some "Six Degree"connections that Dartmouth fans might find entertaining:


Former Dartmouth jayvee quarterback . . .ED LUCAS '04

played on the 2013

Looking Back, Looking Ahead

Bucknell highlights from Dartmouth sports information:





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The Columbia Spectator gives a clue what to expect Saturday when Columbia (0-5, 0-2 Ivy League) visits Dartmouth (2-3, 1-1):

The numbers for Columbia (0-5, 0-2 Ivy) have been grim all year, and Saturday was no different. The Lions recorded just four first downs in the game—two passing, one rushing, and one by penalty, while the

Hi-Lo DL Stunt

I am still working on finishing up the rest of the DL cut-ups for the series on DL Stunts (Part 1 here), but this was a huge play that clinched the game in the Kansas City Chiefs 17-16 win over the Texans yesterday that I want to show.

If you just look at this stunt in a playbook, it is easy to dismiss, but once you see it on video, it really stands out.  The Colts were great at this stunt.  Dwight Freeney was famous for his spin move inside and he would line up at the Buck DE spot.  His job was to flush the QB outside the pocket, which he usually did with his spin move.  A right-handed QB trained by the Wave Drill will see the inside move by the DE to his left side and start moving to his left.  Then the Fox DE would speed rush upfield past the Offensive Tackle and come all the way back around to hit the unsuspecting QB.  For the Colts, it was Robert Mathis, who had a pretty spiffy night himself on Sunday, who would line up at the Fox DE and use his speed to hit the QB from behind.

Here is the link to the play from the NFL Network.  Go to the 1:15 mark.

Chiefs-Texans highlights (Hi-Lo DL Stunt - 1:15 mark)

Also want to share some great coaching advice here by Wade Phillips that he got from his father, the late Bum Phillips in this week's MMQB:

“When I was growing up, people thought bitching was coaching,” says Wade. “But players eventually turn off the guys who yell and scream. My father once told me, ‘Don’t coach the way you were coached. Coach the way you are.’ I don’t believe in coaching by fear. I believe in coaching by teaching.”

“He was the ultimate players’ coach,’’ Wade Phillips said of his father, Bum Phillips. “He had a real knack for making every player feel special, like they were so valuable. I never heard him once talk about winning. You play hard because your teammates are like a family. You owe that to your teammates. He always thought the scoreboard would take care of itself.’’

Great little article by Earl Campbell on the late Bum Phillips here.

Womack Recognized By Ivy League

Perhaps not surprisingly, senior corner Chase Womack is Dartmouth's only honoree by the Ivy League after Saturday's loss to Bucknell. From the Ivy League release:

Chase Womack, Dartmouth (Sr., CB - Austin, Texas)9 tkls. (7 solo), 1 FF, 1 BrUp

Catching Up

The Dartmouth daily has a game story and a Q&A with tailback Dominick Pierre. The D also has a story headlined Dartmouth Hits Back Against Concussions that includes this:

The team became the first NCAA football program to eliminate tackling from practices.
To be sure, Dartmouth was in the first wave of NCAA programs to eliminate or cut down tackling.

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Perhaps the first NCAA football program to

Ferrum Dispatches Averett Reynolds and Gilbert Shine

Ferrum kept their playoff hopes alive Saturday as they defeated the Averett Cougars 42-20 in their third USA South game of the season. While Averett is not looking, record wise, as one of the stronger teams in the conference, they had some definite bright spots. Mainly those were manifested by their quarterback, Cinco Simmons. Simmons was 18-39-2 for 232 yards and one touchdown.

For Ferrum, Tim Reynolds again  showed why he is the defending USA South player of the year as he was 15-25-1for 247 yards with one touchdown. Reynolds also ran for 100 yards and two scores. Tae Gilbert also showed large for the Ferrum effort as he ran for 116 yards and two touchdowns.

Ferrum continues to improve on both sides of the ball. Their defense looks much better than it did earlier in the season, but the last two games have not provided the quality of opponent that the first four games did. Nonetheless, I see fundamental improvements, especially on the defensive side of the ball. This will need to continue as Ferrum has to run a gauntlet of sorts over their last four games, starting with the Maryville Scots.

If I had to point out areas that concern me, it is the kick return yardage for Ferrum, and what I would classify as COMPLETELY STUPID, INEXCUSABLE PENALTIES.

Yesterday, Ferrum committed at least two personal fouls, and I believe two more unsportsmanlike conduct penalties. There may have been more, but I can guarantee you two things. 1) Harper will not stand for these, and 2) Maryville does not need any help. If Ferrum is going to win this week, these cannot happen. NOT AT ALL

Ferrum started the year with many question marks, and with a learning curve, larger than I expected. With a solid resolve, Ferrum has progressed, and while their overall record is less than impressive, they stand in a good position in the conference. A win against Maryville will greatly shake up the conference, and put Ferrum just where they need to be. Some will say that this will be an impossible task for Ferrum, but I am of the opinion that Ferrum can make a game of this and can in fact win....but it will take mistake free football.

Conference King Overthrown

I took a 22 mile trip to Christopher Newport last night, and watched Maryville manhandle CNU, coming away with a 30-17 win. The main difference in the game, in my opinion was the Maryville offensive line. To say they they are large does not do the term large justice. Their size was nicely supplemented by their speed as they continuously opened large holes in the Captains defensive line. The Scots gained 292 yards on the ground. Against CNU? 292 yards? This is an impressive team, that gave the Captains fits most of the night. If there were any weaknesses in the Scots, It may be their passing game. Their quarterback was 10 of 20 for 132 yards. He did not have a touchdown pass in the game, nor did he throw an interception. The Scots have the 6th ranked passing game in the conference, but the top rated ground game. They are quite formidable in most all aspects of the game, and whether Ferrum wins or losses this week, it is almost certain that Christopher Newport will not be the conference representative in the playoffs.

Ferrum must have belief and focus everyday this week. They can beat this team, but it will not be easy.

Go Panthers!

How Dartmouth Opponents Fared Saturday

A look at how opponents fared yesterday . . .

Princeton 39, Brown 17
Story and stats
In a game that calls to mind last year's win over Harvard when Princeton trailed 20-0 at the half and roared back to win, the Tigers fell behind 17-0 in the second quarter and then reeled off the next 39 points. Princeton had a 30-13 advantage in first downs, piled up 566 yards of offense and got three rushing

GAMEDAY: One Game at a Time Panthers

With Averett rolling into Adams Stadium, Ferrum must secure a second conference win. A win today will allow Ferrum to stay in contention, while other teams will all but be eliminated from the conference race. To even suggest that Ferrum can win the conference, goes against my pre-season prediction of their fourth place finish. In the overall picture, it will be one difficult task for Ferrum to make the NCAA playoffs, but all they can do is focus on the task at hand and let the rest of the games play out. It is realistic that Ferrum can (and should) beat Averett. It is also possible that Ferrum  will benefit from an upset or two in the conference.

In Newport News, CNU hosts Maryville. A win by the Captains will help Ferrum, and a loss to LaGrange by Huntingdon would also be a help, but in the long run, Ferrum cannot lose....today, or the rest of the season if they want a chance to win the USA South. The Panthers can only control what happens to them, but any help they receive along the way will be welcome.

Reggie Williams '76 Award

Byron Anderson of the Friends of Dartmouth Football and head coach Buddy Teevens

announce the new Reggie Williams '76 Award last Saturday morning. (BGA photo)


From a Friends of Dartmouth Football release:

Selected by the Dartmouth coaching staff and presented to a football player at the post-season banquet, the Reggie Williams '76 Award will be given to the football player who, through

Bucknell On Tap

Your weekly Teevens Teleteaser from the Dartmouth office of sports publicity:




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Dartmouth's game notes for Bucknell have been posted here.

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Catch former Big Green captain and current football color commentator Wayne Young '72 on the Brett Franklin radio show today at 5:30 on WTSL radio. Click here to listen online.

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Jake Novak down at the Roar Lions blog has dug up the fact that Dartmouth

Game Preview: Averett @ Ferrum

This week, Ferrum is back in action as they host the Averett Cougars. Averett comes into the contest with a 1-5 record, and winless in conference play. With their records very similar, one may think these teams are about equal. I would think not. Overall, I think Ferrum will possess more offensive fire power, and will again show more improvement where the defense is concerned. Look for the week off, and the fact that the Panthers are playing at home to be a boost their game plan. I see this one as a big win. A win which will keep Ferrum in the playoff picture.

As for other games, there are two that should keep your attention. Huntingdon travels to LaGrange. This could be a barn burner, and could have far reaching conference implications. A loss by Huntingdon would remove them from the ranks of the conference unbeaten.
Also pay careful attention to the Maryville @ CNU game. Another game that could impact conference standings. A win by the Captains would give Maryville their first conference loss, and there would be a logjam at the top of the conference.

Predictions Below:

Ferrum 35   Averett 20

Huntingdon @ LaGrange

Greensboro @ N.C. Wesleyan

Maryville @ CNU

(Methodist is Open)

Check It Out

Bucknell's game notes for Saturday have been posted here. Among other trivia is this: Bucknell is 1-13 in its last 14 games against Ivy League teams.

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The Championship Subdivision News (CSN) site points out that the Ivy League has its share of dual-threat quarterbacks, led by Dartmouth's Dalyn Williams (981 passing yards, 333 running with two touchdowns). That got me wondering what kind of

Timnas U 19 dan Harapan Baru Sepakbola Indonesia

Sudah cukup lama saya tidak mengulas apa yang terjadi dalam dunia sepakbola.
Perpindahan Jose Mourinho dari neraka karirnya di Real Madrid ke cinta sejatinya di Chelsea tidak cukup mengugah saya untuk mengulasnya.
Heboh berita kepindahan Gareh Bale yang tersaingi dengan kesedihan beberapa punggawa Real Madrid akan kepindahan Mesut Ozil ke Arsenal juga belum mampu mengerakkan hati dan pikiran untuk mengulas kejadian dalam dunia sepakbola tersebut.
Sampai akhirnya kegemilangan Timnas U-19 meraih juara AFF Cup U 19 dan cantiknya permainan Evan Dimas dkk saat menekuk raksasa asia Korsel mendorong saya untuk mengulas lagi hal-hal yang terjadi dalam dunia sepakbola.

Timnas U 19 membawa sejumlah pesan bagi PSSI.
Sudah saatnya pembinaan pemain usia muda mendapatkan prioritas ketimbang mengejar prestasi instan lewat naturalisasi.
Bolehlah berkaca pada keberhasilan Singapura meraih juara piala AFF 2004 dengan materi pemain naturalisasi atau keberadaan Mauro Camoranesi sebagai pemain naturalisasi dalam skuad Italia yang menjuarai piala dunia 2006, tapi jangan pula melupakan bahwa keberhasilan Malaysia menjuarai piala AFF 2010 terasa "lebih manis" rasanya dan bagaimana Italia di piala dunia selanjutnya tidak sanggup lolos dari fase grup karena kekurangan amunisi penerus yang muda dan berkualitas.

Tengoklah kesabaran Spanyol memupuk prestasi dengan pembinaan usia muda yang sebagian besar datang dari akademi La Masia Barcelona.
Iniesta, Xavi, Puyol, Busquest dipadukan dengan talenta lain seperti Fabregas, Torres dan Villa secara konsisten meraih juara Euro 2008 dan 2012 dengan diselingi juara piala dunia 2010.
Di saat generasi emas ini belum selesai memberi prestasi, sederet junior berkualitas seperti Thiago Alcantara, Morata, De Gea dan Javi Martinez menunggu kesempatan masuk di tim senior.
Bisa dibayangkan bagaimana kuatnya hegemoni Spanyol nanti dalam dunia sepakbola.
Dalam hal ini, mungkin hanya Jerman yang bisa menyaingi Spanyol.

Kembali ke timnas U 19, Evan Dimas dkk boleh dikatakan sebagai generasi emas sepakbola Indonesia.
Mereka adalah pemutus dahaga gelar Indonesia di turnamen internasional sejak tahun 1991, waktu yang sangat lama.
Bolehlah kita berharap bahwa timnas U 19 bukanlah timnas primavera yang mampu melahirkan kualitas macam Kurniawan Julianto, Aples Tecuari dan Bimasakti namun secara team tidak mampu memberikan sumbangsih gelar.
Timnas U 19 jangan sampai mengikuti jejak timnas primavera yang menjanjikan talenta-talenta berbakat yang lalu tidak mampu berbicara banyak karena "salah asuh" dari pemegang otoritas pembinaan sepakbola di negeri ini.
Kita tentu tidak ingin Evan Dimas, Maldini Pali, Ravi Murdianto dan rekan-rekannya dikenang "hanya" sebagai juara AFF U 19 yang mengalahkan Korsel untuk melaju ke Piala Asia U 19 2015.
Kita ingin agar Evan Dimas dkk dikenang sebagai timnas Indonesia "murni" pertama (bukan timnas yang membawa nama Hindia Belanda) yang mampu tampil dan menghibur di pentas piala dunia.

Harapan kesana tidaklah salah, terlebih bila melihat aksi anak-anak muda ini yang mampu memperagakan sepakbola menghibur ala Barcelona.
Harapan yang harus terus dijaga sambil menjaga anak-anak muda yang memanggul harapan jutaan rakyat Indonesia ini tetap memiliki antuasiasme dan nasionalisme nan militan seperti yang mereka tunjukkan saat menekuk Korsel.
Kalau sudah demikian, kita berharap satu saat nanti bisa melihat Evan Dimas dkk bersujud syukur di tengah lapangan pertandingan piala dunia. Semoga dan amin.

Pay For Play Thoughts

I got hung up on several comments from Ivy League Executive Director Robin Harris in a Bloomberg story regarding the possibility of the NCAA potentially allowing athletes to receive a stipend. Harris is quoted this way:

“If the student-athletes want to be paid, they have to find someplace else to play.” 
I can't help but think there might be a better way of saying that. I mean, there are a lot

Olympic speech at 45

Today (Wednesday, October 16) is the 45th anniversary of the Tommie Smith/John Carlos Black Power salute on the medal stand following the 200 meters at the 1968 Olympics in Mexico City. The third person on the stand is Australian Peter Norman, the silver medalist, who supported Smith and Carlos by giving them his gloves and standing at attention while wearing a badge of the Olympic Project for Human Rights. And while Smith and Carlos are generally regarded as heroes who took a stand, 45 years ago they were vilified and expelled from the games.

Of course, gay rights have become an issue for the 2014 Winter Olymics in Sochi, Russia, given recent legislation prohibiting gay-rights "propaganda" and public displays of homosexuality or support for homosexuality. And the International Olympic Committee has repeatedly and publicly reminded athletes of IOC regulations requiring respect for the home country and its laws--in other words, athlete protests of these laws will not be tolerated.

In other words, the "Olympic Ideal" of free expression has not evolved much in 45 years.

Sports Law Contract Issues Raised by Bird Attack?

Deadspin has an amusing link to a New York Times article on San Antonio's successful retention of foreign talent.  Evidently, an intern was sent to Argentina to deliver Manu Ginobli's new contract (nice work, if you can get it!), and was attacked by a bird while resting at a public fountain.  In the aftermath of the bird's reckless misconduct, Ginobli's contract had gone missing.

Of Rankings And Ratings

The Gridiron Power Index (top indicator of at-large playoff selection) has teams of interest to Dartmouth ranked this way (last week in parentheses):


22. Harvard (16)
33. Brown (47)
42. Yale (25)
45T. Princeton (53)
50. Penn (56)
55. Dartmouth (78) 
96. Cornell (91)
118T. Columbia (117)


64. Holy Cross (67)
86. Butler (90)
115. Bucknell (114)
127 teams ranked

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FCS Coaches Poll teams of

Why must lawyers be obnoxious?

Is it just what happens when you get that once-in-a-lifetime case that is going to be covered in the media, especially the sports media, and make you famous?

Double Your Pleasure, Double Your Fun

Dartmouth tailback Dominick Pierre is the Ivy League's offensive player of the week and the Big Green's Mike Banaciski is the defensive player of the week.

From the Ivy release:

Pierre took the handoff a career-high 37 times for 167 yards and the decisive touchdown in the fourth quarter. He also led Dartmouth in receiving with four catches for 63 yards, giving him a personal-best 230

Conversion of a Home Run Ball? A Quick Take

In last night's thrilling Game 2 of the American League Championship Series at Fenway Park, Tigers' Alex Avila hit a home run to right field that, as Deadspin's Timothy Burke details with video, a Red Sox fan threw back onto the field. But it didn't seem to be this fan's ball to throw back.  The video indicates he didn't catch it, but rather the woman standing next to him did--or at least she mostly caught it.  Then, based on the video, he wrestled it from her and threw it onto the field.  She didn't seem too happy about it, which would be understandable since the ball would make an awesome memento and is probably worth a pretty good chunk of change, especially to Tigers fans.

The exchange won't wind up in court and seems more like fodder for a law school exam question than a real world scenario, but as my friend Marc Isenberg wonders, did the guy break any laws?  A starting issue is determining who had rights to the baseball.  A simple issue, but one that has sparked debate over the years, including a legal fight over Barry Bonds hit his 756th home run.  Massachusetts law indicates that a person obtains a legal right of possession of an item, like a baseball, when there is physical control + intent to continue control.  The video is not conclusive, but gives the impression that she had control of the home run ball and her negative facial reaction to it be wrestled from her suggests she wanted to keep controlling it.

The guy would probably argue, however, that he had his hands on the baseball the whole time.  If so, then both likely had a right to it.  Also, since the two were seated next to each other, it's very plausible they knew each other and he might argue he had her implied consent.

Assuming it was her baseball, then by taking it from her and throwing it back, there's a good argument he converted the ball under tort law.  He would have dispossessed her of the ball and totally and permanently destroyed it's value by throwing it onto the field.   She could also argue the tort of battery if she could prove that the ball had become part of her personal autonomy, and of course there's everyone's favorite tort, intentional infliction of emotional distress.

There's even a slight chance he committed the crime of petty larceny (when you steal something worth $250 or less), especially since he seemed to take the baseball directly from her.  Then again, he probably lacked the intent to steal, especially if he had a hand on the baseball when she caught it.

Cheers For The Crowd

Last week the sports editor of our local daily took the Dartmouth student body (and others) to task for walking out early on the nailbiting loss to Holy Cross in the Memorial Field opener. On Sunday he tossed a bouquet after the crowd stayed in place and cheered the Big Green on to a win over Yale. The story made it across the top of the front page of the newspaper.

Read the story here.

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How Dartmouth Opponents Fared Saturday

Players head to the home stands  Saturday to celebrate their Homecoming win

over Yale with Dartmouth fans in the crowd of  10,983.


A look at how opponents fared yesterday with a pithy thought or two about each one . . .

Harvard 34, Cornell 24
Story and stats
The struggling Big Red gave the Crimson a better game than most probably expected with Harvard clinging to a three-point lead

Judge Whyte Issues a Ruling in the San Jose v. MLB Lawsuit

Less than four months after the lawsuit was filed, a decision has already been issued in San Jose's case against Major League Baseball.  In June, the city asserted federal and state antitrust law and tort claims against MLBrelating to the league's failure to approve the proposed relocation of the Oakland Athletics (for earlier Sports Law Blog coverage of the dispute, click here).  MLB then moved to dismiss the suit in August in light of its long-standing exemption from antitrust law.  Following a hearing last week, Judge Ronald M. Whyte quickly issued a decision in the case on Friday.  

Primarily focusing on the antitrust issue, Judge Whyte's opinion (available here) granted MLB's motion to dismiss in part, but also denied it in part.  Specifically, although Judge Whyte was quick to criticize baseball's unique antitrust immunity, he concluded that the exemption ultimately precluded San Jose's claims under the Sherman Act.  Following a thorough review of the applicable case law, Whyte adopted a broad view of the baseball exemption, concluding that it protected the business of baseball -- including franchise relocation issues -- from antitrust law.  In the process, he rejected San Jose's claim that the exemption only applied to labor disputes.  As a doctrinal matter, I believe Judge Whyte reached the correct decision. 

Judge Whyte then held that San Jose's state antitrust and unfair competition claims also should be dismissed because the Supreme Court effectively preempted the application of state antitrust law to professional baseball in its 1972 decision in Flood v. Kuhn.  However, Whyte did conclude that San Jose had sufficiently pled its tortious interference claim under state law, insofar as MLB's delay in resolving the proposed relocation had, in and of itself, arguably harmed the city aside from any antitrust concerns.  However, the opinion was clear to note that the ultimate decision of whether to allow the Athletics to move was still MLB's alone, and that San Jose could only pursue damages arising from MLB's delay in resolving the dispute, not the potential rejection of the relocation itself.  

Interestingly, despite deciding the merits of the substantive legal claims, Judge Whyte opted not to resolve the issue of whether San Jose lacked standing to pursue the case.  Although one would typically expect a court to determine whether standing exists before ruling on the merits of the underlying case, Whyte instead concluded that the city could potentially possess standing under Section 16 of the Clayton Act, but that he need not decide the issue now in light of his ruling on the antitrust exemption issue. 

Consequently, although San Jose can proceed with one of the tort claims in its suit, Judge Whyte's decision is nevertheless a big win for MLB.  The most serious claims in the case were dismissed pursuant to the sport's antitrust exemption, and the lone remaining claim can only result in a damages award, and not a court order mandating that the Athletics be allowed to move to San Jose.

Moving forward, it appears that San Jose will seek an immediate, interlocutory appeal of Judge Whyte's ruling to the Ninth Circuit.  I would expect the appellate court to affirm the district court's decision in light of the exemption, given that the Ninth Circuit has previously affirmed the dismissal of a suit raising similar franchise location issues under baseball's antitrust immunity.  Portland Baseball Club, Inc. v. Kuhn, 491 F.2d 1101 (9th Cir. 1974).  Even so, San Jose could potentially pursue its appeal all the way to the Supreme Court.  If the Court were to grant cert in the case, then I believe that would be a strong indication that it intended to overturn MLB's long-standing antitrust immunity.  The threat of a Supreme Court appeal could give the city some leverage over MLB in any future settlement negotiations. 

Meanwhile, in addition to the continued threat to baseball's antitrust exemption, San Jose's remaining tort law claim could also give the city some leverage over MLB as the case moves forward.  MLB would undoubtedly prefer not to proceed with discovery in the case in order to avoid publicly airing the details of its internal deliberation process.  Therefore, should Judge Whyte let discovery move forward for the remaining tortious interference claim while the interlocutory appeal on the antitrust issue is pending, the tort claim could further help encourage MLB to resolve the Athletics' situation.  

All in all, though, MLB certainly has to be happy with Judge Whyte's decision.  

Update: Howard Wasserman wisely notes in the comments that Judge Whyte failed to certify the antitrust issues for an immediate, interlocutory appeal in his decision.  Therefore, under 28 U.S.C. 1292(b), San Jose is currently unable to appeal the decision immediately to the Ninth Circuit, pending any further action by the district court.

Update #2: As Howard (an expert in all matters civil procedure) further explains in the comments, the mere fact that many believe that baseball's antitrust exemption should be overturned would not constitute a "substantial ground for difference of opinion," and therefore would not warrant an immediate, interlocutory appeal under 28 U.S.C. 1292(b).  Even if Judge Whyte were to believe otherwise and certify the appeal, the Ninth Circuit would still have to agree to take the case in order for it to be appealed immediately under 1292(b).  So unless Judge Whyte were to decline to exercise his jurisdiction over the remaining tortious interference claim, and thus enter a final judgment in the case, San Jose may very well be unable to pursue an appeal on the antitrust exemption issue until the conclusion of a trial on the tort claim.  

Thus, San Jose appears to have a difficult decision to make in the case.  In order to pursue an immediate appeal on the antitrust issue, the city could presumably request that Judge Whyte dismiss the remaining tort law claim and issue a final judgment on the antitrust-related issues, but in the process temporarily forgo the opportunity to pursue discovery against MLB.  Alternatively, the city could press the tortious interference claim all the way to trial, but that claim would not result in an order forcing MLB to approve the Athletics' relocation, and would require San Jose to indefinitely postpone its appeal on the antitrust exemption issue.  In hindsight, San Jose may thus wish that it had requested a preliminary injunction in the case, because if it had, and Judge Whyte declined to issue such an order, then the city could have immediately appealed under 28 U.S.C. 1292(a).

Dartmouth Night And Day

BGA Post No. 4,000 . . .

Scenes from Dartmouth Night filmed with an iPod Touch: The parade down Main Street, football captain Bronson Green steps up to give his speech in front of Dartmouth Hall, the bonfire starts and freshmen run their 117 laps around it:





The bonfire shot last night.


The TeevensTeleteaser looking ahead to Yale:



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The New Haven Register: Young Yale’s next test is

No Time To Be Board ;-)

Only the supports for Dartmouth's old football scoreboard remained

 at midday yesterday.  (Click pictures to enlarge.)





By the start of practice there was no sign the scoreboard was ever there.

Davis Varsity House looks much more impressive without the board

in front of it.



From The Dartmouth daily preview of tomorrow's Homecoming game:

“Yale’s probably going to be one of our

2014 SRLA Conference

Details regarding SRLA's 27th Annual Conference in Orlando, FL can be found here.  In addition, the Call for Papers is now available online here.  The deadline to submit abstracts is October 15, 2013.   

Get Reading

For the story (above) that I wrote about Dartmouth receivers coach and NFL veteran Cortez Hankton for the DP2 quarterly magazine PEAK, click here. The quarterly also includes stories I wrote on two Dartmouth soccer players originally from Africa, volleyball coach Erin Lindsey's leadership initiatives, and the world class athlete who offers massage and yoga to Big Green athletes.

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Does The

8-2-1 Kickoff Return: The Bandwagon is Growing!

Great article here by former Dolphins and Jets Special Teams Coordinator Mike Westoff on SI's MMQB  talking about his idea of a 8-2-1 Kickoff Return.  Duece from the Football is Life blog was the first one to come up with the radical idea of the 8-2-1 Kickoff Return and I did an article on the 8-2-1 Kickoff Return here back in February proposing it as a solution to the NFL's safety problem.  This idea that was initially dismissed as a gimmick is now starting to gain serious consideration as a viable solution to the NFL's safety problem as well as a way to restore the importance of the kickoff return in professional football.

Check out the 8-2-1 diagram from the article by Westoff:

Here is the 8-2-1 Kickoff Return by Duece with the high school kickoff line at the 40:

Westoff proposed to move the kickoff line from the 35 to the 25-yard line because touchbacks, although they are reducing the number of high-speed collisions to make the NFL a little bit safer, are boring and are a detriment to our great sport.  The 8-2-1 Kickoff Return allows you to keep the excitement of the kick return plus it reduces the number of high-speed collisions with the eight men in the front able to execute their blocks by "covering" their man much like a defensive back would cover a wide receiver.  Essentially the kickoff return will look more like a punt return.

Peter King said in this week's Monday Morning Quarterback that, "whoever advances this cause will have to have some proof or logic that it won't get more players hurt."  The logic is this: aligning players closer to one another reduces the speed and force of the collisions.  Force equals mass times velocity, and reducing the velocity of the players by shortening the distance between the players will also reduce the force of the collisions.  Good coaches have already put this concept into practice by having players in close proximity to one another when doing tackling drills.  This minimizes the force of the collisions and reduces the number of practice injuries while still allowing you to practice proper tackling technique.

Besides the safety advantage, the 8-2-1 allows for better production with more yards per return due to less whiffs and easier blocks than the standard kick return.  Most people use some form of the 8-2-1 for "Hands" team when expecting an onsides kick, but post a reply or send an email if you have made regular use of the 8-2-1 this season.  Now that people like Mike Westoff and Peter King are on board, I look forward to seeing the 8-2-1 Kickoff Return becoming an important part of the future of our sport.

This Day in Sports Law History: Blue Jays beat Celtics in Court over Danny Ainge

There are so many sports law stories from the past that I wish I had been around to cover.  Some are obvious - the Curt Flood case, for example -- others less so.

One of the latter is the early 1980s legal fight between the Boston Celtics and Toronto Blue Jays over which team had legal rights to employ Danny Ainge, a two-sport star who played for the Blue Jays but had been drafted by the Celtics.

The Blue Jays won a trial 32 years ago from today, but ended up working out a buy out with the Celtics enabling Ainge to join the green.  Ainge, of course, went on to an excellent NBA career and now runs the Celtics.  He's won NBA titles both as a player and general manager.  Looks like he made the right move switching to basketball, but as evidenced by there being a trial and lengthy settlement talks, it wasn't easy.

For a story on the trial, Anthony Cotton wrote this article for Sports Illustrated back in 1981.

Of Penn And Yale

Dartmouth-Penn highlights:



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Yale's game notes for Saturday have been posted here. The Yale notes put the Bulldogs' 24-10 win over Cal Poly on Saturday in historical perspective:

In its most significant non-league win of the I-AA/FCS era, the Elis held the Mustangs to a season low points and total yards. It knocked Cal Poly out of both top 25 national FCS polls and put Yale in the “others

Since Ferrum is "Open", What Can We Hope For This Week?

Ferrum has its open date this week, so this will mean a chance to rest those who are injured, and an extra week to prepare for Averett. Since Ferrum has made a jump in the conference standings (from last to fifth), I thought I would check out the conference schedule and see what scenarios may be most beneficial to the Panthers.

Huntingdon @ Greensboro- I do not expect much of a contest here, but stranger things have happened. A win by the Pride would be huge for Ferrum, but don't bet the ranch....or 50 cents for that matter.

Methodist @ Averett- Given the fact that the Monarchs just dealt CNU their first loss, I am not looking for much of a game here either, but keep your fingers crossed for the home team. Not looking for a miracle, but it too would help Ferrum. Go Cougars!

Maryville @ LaGrange- A battle of two teams with perfect conference records. This could be a coin flip, but either way, one of them gets a conference loss, and Ferrum will still have to beat both of them.

North Carolina Wesleyan @ CNU- This will be a blow out. After coming off of a loss, Look for CNU to run up the score. No contest, but we can hope for divine intervention. A CNU loss, would make it difficult for them to make the playoffs.

Ferrum will be getting ready for Averett, but watching to see how things shake out this week. It could be interesting should an upset or two occur.

Go Panthers!

Quid Pro KO?

A Quick Look at Whether a Legal Barrier to Managers Providing Boxers in Exchange for Compensation from Promoters Truly Exists in the U.S.

Ask any number of boxers who they would ideally have as their manager/ advisor in the sport today and most would probably say Al Haymon, and with good reason.  Haymon is the advisor and/or manager of a broad swath of professional boxing’s elite United States prospects and contenders and has a close working relationship with Golden Boy Promotions, who is widely regarded as the destination of choice for boxing’s free agents.  It is that well-documented connection to Golden Boy Promotions which reportedly helped lead Argentinian welterweight contender Marcos (El Chino) Maidana and his manager Sebastian Contursi to enter into an agreement with Haymon back in August.  Indeed, Contursi himself apparently indicated as much to ESPN’s Dan Rafael when a deal between Team Maidana and Haymon was “imminent.”  Sure enough, within a matter of weeks of the addition of Maidana to Haymon’s clientele, a bout between Maidana and Golden Boy-promoted and Haymon-managed Adrien (The Problem) Broner was made.  The ability to arrange bouts such as Broner-Maidana in short order is part of the allure of signing with Haymon and others who have exceptionally close working relationships with top promoters. But can such close relationships walk a fine line of legality? A quick look follows.

Under the Ali Act, “[i]t is unlawful for…a promoter to have a direct or indirect financial relationship in the management of a boxer” and for “a manager…to have a direct or indirect financial interest in the promotion of a boxer; or…to be employed by or receive compensation or other benefits from a promoter, except for amounts received as consideration under the manager’s contract with the boxer.”   Notably, however, the Ali Act’s “[f]irewall between promoters and managers” “only applies to boxers participating in a boxing match of 10 rounds or more.”  Under certain state regulations, such as those in New York, “[n]o principal, director, officer, employee, shareholder or owner of a promoter shall, directly or indirectly, serve or act as the manager, assignee, or second of any boxer, or be employed by or be in any way commercially connected with the manager, assignee, or second of any boxer unless otherwise directed or authorized by the commission.” (emphasis added).  

When read together, the above-quoted federal law and state regulation suggest that not only is there no prohibition on a manager being employed or receiving compensation from a promoter if his boxer competes in bouts between one and nine rounds in length, but that, in some instances, there may be no prohibition on managers being directly or indirectly compensated by promoters in exchange for certain services at all, so long as the relationship is formally approved by a given athletic commission.  In sum, it would appear that if a given manager/advisor and a promoter operate under a certain quid pro quo whereby the manager provides a steady stream of talent to a promoter and the promoter then compensates him in financial and/or other ways, it may walk the line with regard to a manager’s fiduciary responsibilities to a given boxer (if, for example, the boxer actually had better opportunities available from another promoter), but it cannot be said with universal certainty that it would walk a line of legality.

               

 Paul Stuart Haberman, Esq. is a New York-based health and sports law attorney.  He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. Paul can be e-mailed at haberman@8countnews.com. He can also be followed on Twitter at @Standing8Court.

Football Matters To Him

Jeff Immelt, '78 former Dartmouth offensive lineman and chief executive officer and chairman of General Electric since 2000, talks about the game he loves in the National Football Foundation's Football Matters to Me campaign at this link.

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It's a 1.2-second dance that is not as easy as it looks. The New York Times had an interesting interactive presentation about the snap-hold-kick sequence

MLB removes A-Rod suit to Federal Court

When I first read about A-Rod's lawsuit against MLB, I immediately started thinking about removal to federal court on diversity grounds (looking for a good problem for Civ Pro next semester). It was clear that, as an unincorporated association, MLB is almost certainly a citizen of New York (among other states), thus not diverse from Rodriguez and unable to remove to federal court in New York on diversity grounds under the Forum-Defendant Rule.

But I did not think it all the way through. Today, MLB and Selig removed the case to the Southern District of New York based on federal question jurisdiction. MLB argues that the claims are preempted by § 301 of the Labor Management Relations Act; that statute is said to have "unusually powerful preemptive force," such that any state-law claims are converted into federal claims arising under the act and are deemed to arise under the laws of the United States.

From federal court, of course, MLB will argue that the claims are preempted by the CBA and should be sent to arbitration.

Cert. denied in Duke lacrosse

SCOTUS this morning denied cert. in Evans v. Durham, the § 1983 action by the three indicted-but-exonerated members of the 2005 Duke men's lacrosse team. The Fourth Circuit rejected (which I discussed here) claims against the city and the investigating police officers involved; the plainitffs tried to get to SCOTUS on the issue of whether the prosecutor's conduct (which enjoys prosecutorial immunity) breaks the causal chain and cleanses the officers' misconduct when they conspired together. Interestingly, they did not seek cert on the "stigma-plus" theory of liability for other officer misconduct (on which the causal chain was not broken).

The plaintiffs still have state-law malicious prosecution claims pending. The next question may be whether the district court declines supplemental jurisdiction over those claims or decides to keep them, seeing as how this litigation is now 6+ years old.

Green Has Four On Ivy League Honor Roll

Four Dartmouth players made the weekly honor roll as announced by the Ivy League website:

Dominick Pierre, Dartmouth (Sr., RB - Fort Lauderdale, Fla.)
21 car. for 151 yds., 1 TD; 43 rec. yds. 

Michael Runger, Dartmouth (Sr., LB - Lisle, Ill.)
13 tkls. (8 solo), 0.5 TFL, 1 INT 

Dalyn Williams, Dartmouth (So., QB - Corinth, Texas)
26-45-1, 292 yds., 2 TDs; 77 rush yds. 

Victor Williams,

Scenes From Philly

The Dartmouth football parents hosted a large and well-attended tailgate for Saturday's game against Penn. A few pictures (click to enlarge):












The tailgate menu



Dartmouth's Sean Ronan had some fans in town . . .



. . . and so did Dartmouth quarterback Alex Park.



Satellite headquarters for BGA Saturday.



All the comforts of home ;-)


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The Dartmouth daily has a story

Still The Greatest

This weekend HBO premiered “Muhammad Ali’s Greatest Fight,” a superb docudrama about the 1971 decision by the United States Supreme Court (Cassius Marsellus Clay, Jr. v. United States, 403 U.S. 698, 1971) overturning the Champ’s conviction for evading the draft. The movie tells the behind the scenes story first revealed in the Woodward and Armstrong book “The Brethren.”

It is also fittingly the greatest sports law story of all time.

While a first rate cast of actors play the Justices and their clerks, the film wisely lets Ali play himself through the use of always welcome clips from his fights and interviews. As the film reveals, the initial conference vote was 5 to 3 against Ali with Justice Marshall recusing himself because of his role in the Solicitor’s office when Ali was first convicted. Justice John Marshall Harlan II, whose grandfather was the only dissenter in Plessy v. Ferguson, perhaps the Court’s most disgraceful decision, initially sided with Chief Justice Berger and was assigned the Opinion to affirm the conviction. His youngest law clerk, however, convinced the ailing Justice to change his decision. After another conference, the vote was 8 to 0 in Ali’s favor resulting in a startling Per Curiam Opinion and two Concurrences that quoted heavily from the Quran and from Ali, always an entertaining wordsmith.

Needless to say, the Opinion that set Ali free to regain his heavyweight title came as a shock to the nation. Liberals and conservatives alike never thought the Berger Court would rule in favor of the most famous member of the Nation of Islam and an outspoken critic of the Vietnam War. If you think the country is polarized now, go back and look at the videos of a nation literally at war with itself: not Democrats against Republicans but young against old and black against white.

So why is this the greatest sports law story? After all, nowhere in the Opinions do you find the words “athlete” or “sports” or “boxing”; and there is no mention that Ali had been a Champion or that his title had been stripped from him.

The clue comes in the scene when the Court votes to grant Certiorari. Responding to the obvious dismay of Justice Harlan, Justice Brennan says “Yes, that’s right we are hearing the case because the Petitioner is Muhammad Ali.” Ali is not just the most famous sports figure of all time; in those years, he was the most famous person on the planet. The Supreme Court heard the case, then reversed a conviction of a famous athlete who held a sincere objection to participating in an unjust war, precisely because he was a famous athlete who was a hero to so many.

What makes sports law so interesting is that cases involving athletes that have nothing to do with how they play the games have a heightened focus and interest not just by the Judges and lawyers but also by the general public. So Antitrust, one of the most complex areas of the law, becomes a topic of everyday conversation and an Ed O’Bannon, who started all of 34 games in the NBA, becomes a household name. The branch of government most citizens know least about is the Judicial System and yet it may have the most influence on everyday lives. It is a good thing to shine a light on the law.

And to see The Greatest in his prime.

Panthers End SlideDefeat Greensboro 31-21

Ferrum put a nice bow on the homecoming/centennial celebration, gaining their first win of the season 31-21. Tim Reynolds, and Tae Gilbert provided the main spark for the Panthers offense, and the defense played an improved and inspired brand of football frustrating the Pride most of the day.

Gilbert led the Ferrum ground attack with 30 carries for a total of 160 yards. Reynolds picked up 61 yards on 12 carries. Each had a rushing touchdown. Reynolds complimented the offensive display by completing 13 of 19 passes for 197 yards and two scores.

While the offense looked solid, the defense was where the largest strides were made. After giving up an average of  49.75 points per game, Ferrum's D stepped up in many ways. Only giving up 21 points, limiting the Greensboro rushing attack to less than 100 yards, providing a timely interception, and playing a consistent solid all around game.

In knowing that Ferrum sits just 1-4 overall, one may think that this season is lost, but I would beg to differ. Three of the four losses are non conference, and in the grand scheme of things are meaningless, as the conference title is what matters. The loss last week to Huntingdon, made the climb toward a conference championship much tougher. While Huntingdon and CNU are the two teams that were thought to have the best chance of winning the conference, CNU's loss  to Methodist, and Huntingdon playing out of conference, left three teams with undefeated conference records Maryville, LaGrange, and Huntingdon (1-0).

While it will take near perfection to win the conference, Ferrum cannot discount the fact that they are, for the moment in fifth place in the conference, but 24 hours ago, they were ninth. The Panthers need to take the next week to rest from the first half of the season, and prepare for their next game on the 19th vs. Averett. Enjoy the week off, but be ready to come out and win.