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Monday, March 7, 2011

Sports Injury Law

Sports are a pastime and are meant to be fun. Minor injuries can occur and are even inevitable in certain sports but serious injury caused by another person is a different story and may be grounds for a lawsuit.
If you have been injured by the actions of another player or a coach or a referee, you should first seek immediate medical attention. Then, depending on your situation, filing a lawsuit may be the appropriate next step for you. It is extremely important that the attorney you choose to handle your case is one who has handled sports injury cases before and is, therefore, familiar with this tricky area of the law.

Was it a contact or non-contact sport?

The general view of the courts is that sports are physical and sometimes dangerous and you are responsible for taking that risk. However, that doesn't mean another player or coach or referee cannot be held liable if you are seriously injured.

The standard in personal injury cases is negligence - if someone's negligence causes injury, they are liable. This is still the rule in non-contact sports. An example of a non-contact sport is tennis. If you were injured during a tennis match, then you would sue under a negligence theory - i.e. the player or coach was negligent in some way that caused your injury.

However, with contact sports, there is the contact sports exception (also known as the contact sports doctrine), which states that a person is only liable if their actions were intentional or willful and wanton. Contact sports include soccer, baseball and basketball. If physical contact is an expected part of the sport, then it qualifies as a contact sport. If you were injured while playing a contact sport and you believe that the injury was caused by another player's intentional actions, you would sue under the contact sports exception.
Proving it was intentional or willful or wanton

Proving that the defendant acted intentionally or recklessly will depend on the facts and other factors such as whether the action is what is acceptable or routine in that particular sport. For example, brushing into a player as they slide into home base is typical but tripping the player is not. The facts of your case and the range of normal activity in the particular sport you were playing will be used to prove intent.

Was it a full contact sport?

Full contact sports are another exception all their own. For these sports, the standard is intentional or completely beyond normal activity for that particular sport. Full contact sports include football, hockey and boxing, where physical contact is actually an element of the game. So, if you were seriously injured during a football game, you would have to prove that the defendant's actions were intentional or that the defendant's actions went completely beyond what is acceptable in that particular sport.

Was it caused by a non-participant?

It is believed that holding non-participants like a coach or a referee accountable for negligence would negatively affect the sport as a whole. Still, the standard is that these non-participants owe a duty to not harm others. Coaches are expected to provide instruction on safety and referees are expected to stop a game when they see a violation. If you believe a coach failed to provide safe instructions or if you believe a referee allowed a violation to continue that led to your injury, you may have grounds for a lawsuit. Again, it will depend on the facts of the case and the expectations of the particular sport.

Was your child hurt playing a sport?

If your child was injured while playing a sport at school or at another facility, the school, team, coach or facility may liable depending on the circumstances. If the playing field or area was not properly maintained, it could be a negligence issue. If, as noted above, the players were not properly supervised or the referees were not calling violations or another player intentionally harmed your child, you could have a case based on the above noted law. Either way, you should speak to an attorney as soon after your child receives medical attention.

Finding the right sports injury attorney
As with all areas of law, there are time limits to filing your case. You should contact an attorney as soon as possible to review your options.

Friday, March 4, 2011

Online Sports Gambling Laws

Prior to delving into the world of sports betting online, many people stop to wonder if they are breaking any state or local laws. In most states, and even the federal government, have legislation about whether its legal or not to gamble online.

Who Regulates Sports Betting?

The regulations of gambling in the US were entirely discretionary per state until recently. The start of online gambling created confusion about jurisdiction. Who runs the laws of cyberspace? Most current gambling laws were meant to apply to general gambling laws, long before the internet existed. Thus the application of those laws to online gambling are open to broad interpretation.

US Regulation of Sports Betting

Most people ask "Is it legal to run a ports betting operation offshore and take action from clients in the US?" The US will most likely argue it is not legal. However, no bills have yet been passed to prevent any such activities from happening. In recent years, attempts to pass bills of this sort have failed.

The government has placed responsibility of gambling legislation at the hands of individual states. Some states have considered legalizing online gambling but have failed. Some states also have added legislation that prohibits the advertising of online casino (Illinois is one such state). Only three states - Nevada, Louisiana and California prohibit citizens from betting beyond state borders. Such laws are loosely enforced. In fact, most states consider gambling violations misdemeanors with the majority focusing on operators as opposed to the gamblers themselves. To avoid breaking US laws, most internet sportsbooks are located offshore in foreign countries along with their servers!

To be clear, the US government has been trying to pass legislation to deal with the regulation of online gambling. But, because there are so many grey areas regarding who has authority over cyberspace activities, these attempts have been unsuccessful in passing. It's becoming clear that the US will not be able to effectively legislate online gambling as of now but that's not to say what the future may hold...

So, Can I Bet Sports Legally?

The simple answer is there is an explicit law against online betting in only three states - Nevada, California, and Louisiana. Even so, NO American citizen has r been arrested for betting on the internet as of yet. Again, that's not to say what the future may bring...

Tuesday, March 1, 2011

The Law of Attraction For Skeptics

Do you know anyone who is skeptical about all this "Law of Attraction stuff"? If you talk about it publicly, I am sure you do. Maybe it is even you.

What is it you hear?
o Oh, if the Law of Attraction worked I wouldn't have all this bad stuff...this certainly isn't anything I want!
o I have been focused on getting rich all my life...and look where I am now...nope, this doesn't work!
o I am dying from this disease...I would never attract that!
o And on and on and on...

Sound familiar? Sound maybe too familiar? Maybe these are words out of your own mouth.
Let's take a look at the Law of Attraction in action. Are you a sports fan? Have you ever seen a quarterback who just can't complete a pass, and the more he tries, the worse it gets? Have you ever watched a golfer needing to hit across a water hazard reach into his bag a pull out a scarred "water ball" - and hit directly into the water? Still with golf, have you ever seen a golf pro get "into a zone" and sink every putt he tries? What the about the pitcher who can't hit the strike zone, or the one who can't miss?

Not into sports, well just listen to these Law of Attraction based phrases:
o Bad things come in threes
o Birds of a feather flock together
o The worse it gets the worse it gets
o If it weren't for bad luck, she wouldn't have any luck at all
o Everything he touches turns to gold

These phrases and thousands more like them did not just come into our language by chance. The sports examples above cannot all be coincidence. These attraction based figures of speech and observations are evidence of the existence of the Law of Attraction.

Imagine how peculiar the Law of Gravity must have seemed when it was first observed. Sure, apples fell from trees, but birds flew and boats floated. When you dropped something, you could not predict with perfect accuracy where it would land. When you shot an arrow, you knew that putting some arch in it actually increased the distance that it went. What did all of this mean about gravity? It simply meant that there were multiple forces at work, and while gravity always worked, the other forces influenced our observation of it.

So it is with the Law of Attraction. Sometimes we really are not focused on what we say we are. We may say we want money, but we are really focused on the lack of money (and so it is the lack of money that we get.) Our attitudes, beliefs, concerns all effect how we observe the Law of Attraction. That said, with sufficient analysis, there is simply no evidence that the Law of Attraction does not work. Every single thing we have, we attract.

Saturday, February 26, 2011

The Basics of Betting on Sports

What Is Sports Betting

Sports betting combines 2 of our most favorite pastimes, sports and gambling, everyone has their own opinion about predicting the outcome of any sports event and betting allows them to put their money where their mouth is and bet on the outcome.  At the most basic it is 2 differing views on the result of a game and having a small wager to confirm your conviction that your point of view is correct, usually high profile games attract most sports betting whether its friends with a drink in front of the TV or professional gamblers, all of this combines to make the friendly fun we call sports betting

A Warning

Sports betting can be exciting and fun however it should be treated as purely entertainment.  I encourage people to gamble sensibly and say only gamble with money you can lose, It is entertainment, keep it that way.

Why Bet On Sports

Online sports betting makes the result of a game much more meaningful and is a way to have fun with friends

How To Bet On Sports

Simply put this is 2 friends arguing over a game and betting each other on the outcome.  Today it is often taken to mean organized betting pools with sports books running the betting,  true, it is still illegal in many places but the introduction of online betting provides a way for just about anyone in any part of the world to participate in this exciting pastime.  To place a bet you need to find a bookmaker this is just a place that accepts bets depending on your location this may not be possible for you, online sports gambling allow you to make bets if that's the case.  Please check your own locations laws about online gambling before starting, this article is not a statement of law nor is it intended to suggest online online sports gambling will be legal in your location.

What Sports Can You Bet On.

Any sport can be bet on, without gambling there would probably be less sport.  Think about it, sport really is gambling, essentially its one person saying to another I can get there faster than you, if you replace the 'I can' with 'I bet I can' you will get the picture so you can bet on all sports.

How It Works.

Sportsbooks work with statistics to decide what odds to set, basically the less likely the chance of a result the more you will win if it happens its like our 2 friends betting,  John says team A will win, Dave says team B will win and the bet $5 each, John is so convinced that Team A will win he offers Dave $10 if team B wins - that is what bookmakers do in a more sophisticated way  Sportsbooks facilitate strangers betting against each other by using all the money bet on an event to pay out those that win.

Types of Sports Betting Bets

Each sport can attract different types of bets, you can bet on who scores first,  on the final result or numerous other choices. The main bets are Straight Bets, Parlays, Place Bets and Over/Under.
Straight bets: Straight forward bet on who will win an event
Parlay: Bets that combine the results of multiple events
Place Bets: Selecting the position of competitors in an event
Over/Under: Predicting the combined number of points in an event (over 100 points scored or under 25)

Summary

Sports betting is a challenging and enjoyable way to r

Wednesday, February 23, 2011

The Law of Attraction Guide

What is The Law of Attraction?

The law of attraction is the attractive, magnetic power of the Universe that draws similar energies together. It manifests through the power of creation, everywhere and in multiple ways. This law attracts thoughts, ideas, people, situations and circumstances.

The law of attraction manifests through your thoughts, by drawing to you thoughts and ideas of a similar kind, people who think like you, and also corresponding situations and circumstances. It is the law and power that brings together people of similar interests, who unite into various groups, such as political groups, sports teams, sports fans, fraternities, etc.

Can you take advantage of this law? Yes, you can!

You do so, through creative visualization and affirmations. By visualizing a mental image of what you want to achieve or by repeating positive statements, which are called affirmations, you create and bring into your life what you visualize or repeat in your mind. In other words, you use the power of your mind, thoughts, imagination and words.

There have always been people, from ancient times till now, who knew about this law and how to use it. They knew that repeating the same thought day after day, with interest and feeling, causes it to materialize and manifest in their lives.

Definitions and Clarifications about the Law of Attraction and How it Manifests:

This law is a manifestation of the creative power of the Universe.
It is through this law that everything is created: galaxies, planets, metals, rocks and even plants, animals and people.
Like attracts like.
Thoughts attract corresponding situations and circumstances.
You get what you think about.
You attract into your life whatever you focus on.
Positive thoughts attract positive events. Negative thoughts attract negative events.
If you entertain feelings and thoughts about hardships and obstacles, then this is what you get.
If you keep thinking and expecting success, and don't allow doubts enter your mind, you will eventually achieve success.
It is not enough just to wish for something, you need strong desire and faith to manifest what you want.
In order for your thoughts to manifest, you have to repeat them often, and add feelings, desire and interest.
The mind acts like a magnet.
Similar energy attracts similar energy.
Your thoughts determine the way you live.
The law of attraction is used by everyone, though mostly unconsciously.
Filling the mind with worries and anxieties bring stress and unhappiness.
Filling the mind with happy thoughts will attract happiness into your life.

Learning Law of Attraction Principles Through Teachers and Guides

Even though the basis for the law of attraction is quite simple, it does require a certain level of openmindedness to impliment it properly. Our society as a whole is not used to suspending their beliefs about how and why this Universe works, so even the most easiest notion such as expressing gratitude to attract more things in your life to be grateful for, is a hard concept to grasp.

Just like anything else in our lives, the law of attraction needs to be learned and understood. For example, as children we knew that sometimes there was light in a room and sometimes there was darkness...only after being taught that by flicking a switch do we have control over whether it was light or dark. Just like the law of attraction...it happens whether we are aware of it or not, but once we learn how to use it..WE choose how it will work! Very exciting stuff..yes?

Over the past 5 years teachers and guides have somewhat immerged into the mainstream (even though they have been around for quite some time), giving insight into people's lives whom have been seeking answers. A few of them have risen above the rest such as Esther Hicks, Dr.Wayne Dyer, Deepak Chopra and Robin Sharma, only to name a few, and have become major players in transforming our world into a more spiritual, peaceful place in which to live. Not too mention The Secret began a new movement almost over night. The Law of Attraction Guide was created in honor of them and to those of you who wish to delve deeper into this wonderful Universal Law.

By studying the law of attraction, it is an absolute guarantee that your life will become more peaceful, more positive, happier, fullfilled, healthier, wealthier and beyond abundant. It is the Law and once you know how to use it, anything is possible...absolutely anything!

How To Best use The Law of Attraction Guide

If you are new to Metaphysics and the law of attraction, I would suggest letting your intuition guide you. All of this can be overwhelming and hard to grasp in the grand scheme of your life, so be gentle on yourself. Watch the videos of the teachers and feel which one resonates best with you...which one made you feel the best and most at ease. Then explore their books and audios. I find with this type of subject audios are very helpful because you can sit back, close your eyes and be in the moment.

If you are feeling really brave explore the guides. Wealth Beyond Reason, The Healing Codes and The Passion Test are world renowned for their step by step, life changing courses. Ease into this new concept and take it slowly, then build your library and start building a new life for yourself. There is no looking back now.

Wednesday, February 16, 2011

Sports Betting

Online Sports Betting is regarded as a form of gambling with different nations having their own legalities and acceptances for sport betting. For example, in the United States sports betting is considered illegal and a criminal offense and is only allowed in the state of Nevada whereas Europe is much more unregulated and online sports betting are not criminalized.



The Pro's and The Con's

Supporters of online sport betting regard it as a hobby which increases interest amongst fans that in turn helps to increase interest in a particular sport, benefiting sport leagues, sports teams as well as the individual players, and this in turn increases interest ultimately and encourages higher attendance at games as well as TV followers.

Those against it are afraid that, apart from the evils of gambling, online sports-betting will threaten the integrity of amateur and professional sports by allowing gamblers to fix matches. Supporters argue that online betting on sports will encourage the use of legitimate bookmakers who will stand alongside governing bodies and law enforcement in their fight against corruption.


Can you win by Betting Online?

The only difference between taking a trip down to your bookmaker to place a bet on the game of choice is that you are dealing with your bookie online. Online wagering also allows you the luxury of participating in the sanctity and comfort of your home.

A tremendous amount of people are attracted to the idea of something for free and know that you cannot lose with free money. So a lot of sports gaming websites offer free bets sections, free bet promotions, wagering vouchers and cash-backs as a way to attract new visitors as well as keeping existing customers coming back again. Good sports online betting sites do offer freebies, but also offer forums and help sections where they publish useful links to help visitors with betting calculators, tips from experts as well as reviews of bookmakers.

You do need to be aware of who you are dealing with behind the portal though as the Web is flooded with online-sports-wagering sites, so you need to be careful that you are dealing with a legal gambling institution which will give you good betting-odds and will guarantee you get paid your winnings. As well as to know that you are dealing with a site that will not get you into trouble with the law. A lot of people are getting good sports betting odds and are able to make a good income from it.

Sunday, February 13, 2011

Sports Lawyers

Once upon a time, the most important aspect of sporting competition was winning; during the Ancient Greek Olympic Games, people would fight and people would die in pursuit of victory. A couple of hundred years ago, when mediocrity reigned supreme, taking part became the most important part of sport; losing was to be done gracefully and winning was to be magnanimously. Nowadays, with everything from fan club membership to players' salaries in the tens of millions, sport is a very different world from anything we have known before. In this new sporting world, it is neither the winning, nor the taking part that is most important; it's making a living that really counts.

Now we have entered the era of professional sports, people literally play sports for a living. Although winning might very well bolster their pay checks, nothing is more important to these people than being able to continue playing their sport day in and day out. After all, if they get injured and can't play, they're out of a job. For lots of professional sportspeople, for whom sport has made up the majority of their working lives, this can be devastating.

What's more, as talented as many sports people are, the simple truth behind professional sports is that it's not the skill of the players that keeps the money coming in; it's the advertising and merchandising opportunities that spectator sports offer which brings in the real money. Ticketing, branding, broadcasting and advertising are all major earners in the sporting world, just as they are in the business world. It's surprising then that many sportspeople don't realise how important it is to make sure all these elements are handled by a professional sports lawyer.

In exactly the same way you wouldn't put a lawyer on a football pitch and hope to win the World Cup, you shouldn't expect a footballer to handle the intricacies of sports law, contract rights and personal injury claims. Nowadays, with billions of pounds invested in sports, making money is the true name of the game and people will do anything to get one over on each other. The sorry truth for the players, therefore, is that it doesn't matter how passionate they are about their sport if they don't have the legal support required to handle the ever-more complicated world of professional sports.

Everybody from major celebrity sports personalities to small club players can very easily find themselves on the wrong side of a legal battle. Whether it's the rights to a multi-million pound advertising campaign, or seeking compensation for an unfair challenge that has left them unable to work, there is no longer anything simple about making a claim in a sporting context. These days, even the third referee isn't enough to ensure a fair call; with so many livelihoods at stake, professional sport has become the setting for some complicated and high profile legal cases.

Saturday, February 12, 2011

Sports Law - An Overview

Sports law covers elements of the law which govern sporting activities and associations. Sports law does not govern rules within games; however, this is left to internal governing bodies to rule and enforce for example, in football, FIFA makes the majority of rules and regulations for the sport.

Areas of sport law which commonly arise are the licensing of airguns, fishing, sports for schools, coaching, equality and gender differences. While these are not necessarily governed by the government, they do have a role to play.

One area of sports law is the regulations involving airguns. An airgun will be classed as such if it is powered by air and that as a rifle, it must be under 12 foot pounds force and for a pistol, be under 6 foot pounds force. If the airgun is above these limits, it will be classes as a Section 1 firearm and the owner will need a firearms certificate.

Anyone over the age of 18 can carry an airgun but it can only be used in certain spaces. They can also be transported in public as long as they are unloaded and out of view. Only those over the age of 18 can buy airguns and ammunition.

If you are under the age of 18 but over the age of 14, are able to use an airgun under adult supervision. The same goes for those under 14 but it must be on private property.

Fishing in the UK is also governed by sports law. In the UK, you must have a license if you wish to fish. Prices of licenses vary for how long the license lasts, the type of fish the angler wishes to catch and the age of the angler. A fishing license is known as an National Rod License and they can be applied for at the post office and the environmental agency. There are fishing seasons in the UK to stop fishing at the time when fish spawn in order to encourage more fish to grow.

Sports in schools have been a very relevant topic in this area recently, with the growing rise in obesity amongst children in the UK. Physical education (PE) is now compulsory in schools up until the age of 16.

Sports coaches must adhere to certain regulations. To start off with, they need to ensure that there is no discrimination on their part. They must also make sure they maintain a professional working relationship with the student, avoiding any inappropriate contact. A coach should also discourage any violations of the rules of the game that they teach. A coach may also not advertise themselves falsely; they must be honest about their level of ability and qualifications in the area that they teach. They must also ensure the safety of their student at all times.

Monday, February 7, 2011

The Unknown Law Of Sports Betting

When I read internet sports betting forums, I am continually amazed at how many people there are looking for the magic system that will make them rich. Sadly, I know that each and every one of them are losers.

Instead of trying to find the way around the game and win with trickery, you would be far better off if you would understand the one law in sports betting. Most people not only have no idea of what that law is, they don't even know there is a gambling law.

It affects all of gambling, not just sports betting. The casinos use the law to their advantage in every game they offer. They don't care how you do because that law operates to guarantee them a profit whether you win a fortune, or lose one.

What is the one law that affects all gambling?
Whoever controls the rules and odds controls the outcome, and makes the money.
It really is that simple. But how does that apply to sports betting?
Most people assume the books are in control. After all, they make all the money. But they don't make it because they are in control. They make it because YOU are not in control.

Therein lies the key to winning money betting on spots. Make the law work in your favor by seizing control of the odds and rules under which you play. You do that by betting on the right situations using the right wagering strategy.

You do not need to sidestep the law of sports betting. Instead, become the controller of the game and use the law to your benefit. It is what the casinos do every day, and what the books would do if they could. But since they cannot, they just have to count on your not understanding the game and why you can win at sports betting in the first place.

Tuesday, February 1, 2011

An Understanding of the Sports Terms


There may be some areas of sports where centralization might be pretty desirable. Centralization in this context refers to transferring the sports management is a hierarchy where ultimately there will be one central head under which everyone operates. In this case the central head should understand all the concepts related to the sports. They need not attend a course to be doing it; rather they can have instant reference from an online sport dictionary which is available for free in the internet.

o Using a sport dictionary provides power and prestige to the central authority because they know and are sure at what they are managing. Had they not had the sport dictionary they would have had to listen to what the people under him are tell him is a fact about.
o Legal and governmental relationships become easy with a sport dictionary are used on combination with a legal dictionary.
o An understanding of the many terms and situations of sports with the help of a sport dictionary will have the central administrative official to be flexible and rapidly adjustable to changing sporting situations.
o It reduces that need and cost to appoint yet another assistant for the official with a better understanding of the sports terms if the sports official knows to make the best use of a sport dictionary.
o The usage of sport dictionary and due referral of the terms enables the development of a strong and coordinated management team.

An understanding of the sports terms will help in labor management too. One of the commonest mistakes of sports organizations is the extra usage of machines and labor. If the authorities in charge are knowledgeable about the exact demand of labor required by a said task like leveling a field, painting the field and installation needs, they can reduce the cost of labor involved rapidly.

The purpose of a sport dictionary can also be useful in recording some information in the necessary order in a method of using sports terminology that is understandable for all people of that particular sport, like penalties, goal, over, kick off and lot more. Sports organization should give a lead to all their students to get to be using the sport dictionary to have a wider knowledge of their experience. Gyms and athletic training centers should be equipped with a sport dictionary that is unique to their field. So, that field related terminologies can be easily accessed.

Tuesday, January 11, 2011

Should MLB adopt a Rule that Limits Innings Pitched by Young Pitchers?

Sports Illustrated's Tom Verducci has a good column on the relationship between an increase in innings pitched from season-to-season and injuries suffered by young pitchers. Here's an excerpt:
One small part of such understanding is monitoring the innings of young pitchers from one year to the next. More than a decade ago, drawing on the advice of pitching coach Rick Peterson, I developed a rule of thumb that pitchers 25 and younger should not increase their workload by more than 30 innings. It's the same theory as training for a marathon: you risk injury by jumping from a 10K to the marathon instead of incremental increases. I called it the Year After Effect because the wear and tear often was followed by regression or injury the next year.

* * *

In recent years a new term has come into the game to prevent injuries, not just treat them: prehabilitation. Governing the workload of young pitchers has become standard procedure. Shutting down healthy pitchers in September, for instance, is a common occurrence.

* * *
Personally, I think one of the benefits of teams shutting down a young pitcher after he throws a certain number of innings is that it is a bright-line rule and takes the matter out-of-the-hands of the pitcher's manager, whose incentives may be short term and thus not always match those of the pitcher or general manager. Of course, the decision to shut down a pitcher is a team-based and not league-based decision, with some teams--and their managers--more protective of their pitchers than others.

So a thought: should the MLBPA try to collectively bargain a bright-line rule with the owners that would institute a league-wide limit on the number of innings thrown by a young pitcher, depending on his age?

Such a rule would surely attract criticism, especially since young pitchers, like all pitchers, are not equally susceptible to injury. For example, physically larger pitchers seem to be more durable than smaller guys, while pitchers with certain kinds of windups cause their arm more tension. A bright-line could consider a player's height/weight, but more likely it would only consider his age and number of innings pitched. Alternatively, instead of innings pitched, the rule could be based on pitches thrown - the same idea (and drawbacks) would be there.

Whatever a bright-line rule on innings pitched lacks in nuance and player-specific accuracy, it might still save some careers. It would also ensure that young pitchers don't fret about criticisms that they're more worried about their arms' health than their teams' success -- it wouldn't be the pitchers' choice, after-all, they would have to shut down after throwing a certain number of innings.

Wednesday, January 5, 2011

Jets and Brett Favre hit with Sexual Harassment Lawsuit

The troubles of the Jets continue. Two massage therapists have filed a lawsuit claiming that they lost their jobs after complaining about "sexually suggestive text messages" from Farve while he was on the Jets in 2008.

I was interviewed yesterday by Maggie Gray of Sports Illustrated Video to discuss:

Tuesday, January 4, 2011

Special Master Hearing on whether NFL breached Collective Bargaining Agreement in TV Contracts

University of Pennsylvania Law Professor Stephen Burbank, the Special Master of the NFL for grievances with the NFLPA, began a hearing today in New York City for a grievance filed by the NFLPA. The NFLPA alleges that the NFL breached its fiduciary duties under the CBA by -- according to the NFLPA -- taking less from TV networks for broadcast contracts in exchange for the guarantee that the NFL would be paid by those networks in 2011, regardless of whether there is a league lockout. The NFLPA characterizes the NFL's contract strategy as "lockout insurance" and claim that it contradicts the CBA. The NFL, in contrast, argues that it did not breach any duties and, moreover, that it has discretion in its business decisions for broadcast contracts. If the NFLPA wins, it would provide added motivation to NFL owners to agree on a new CBA before the current one expires on March 4.

I was interviewed by Public Radio's Marketplace show this morning to discuss the hearing - for an interview transcript and link to audio, click here.

Sunday, January 2, 2011

Sugar is Sweet

A few facts to follow up on the post by Michael on the suspension of five Ohio State Football players. Thankfully, the Coach did allow the players to participate in the Sugar Bowl on the condition that the juniors agreed to return to the school for their senior year rather than throw their hats in the NFL lottery ring. How charitable.

That Coach Jim Tressel recently had his contract extended for two years so he can continue to earn $3.5 million annually from The Ohio State University, a tax-exempt state university and recipient of millions of dollars in state and federal funds.

Speaking of tax exempt status, I am glad to report that the Sugar Bowl Foundation is a 501(c)(3) organization, making your contributions tax deductible. The CEO of the foundation, Paul Hoolahan, receives annual compensation of $645,386 for his fine work.

For playing in this great game, Ohio State receives about 17 million dollars.

Now you know why the NCAA was so upset about these kids besmirching such charitable endeavors by accepting those free tattoos.

Red Sox Re-Sign Hideki Okajima, client of Sports Law Blog's Joe Rosen

The Boston Red Sox have re-signed 35-year-old lefthanded-relief pitcher Hideki Okajima, whom Joe Rosen of Orpheus Sports and Entertainment - and Sports Law Blog - represents.

Congrats to Joe on negotiating the contract for Okajima, who was an all-star in 2007 but who struggled at times last year. Given the Sox's recent acquisitions of Carl Crawford and Adrian Gonzalez, along with an improved bullpen, Okajima has a legitimate chance of winning another World Series ring.

Saturday, January 1, 2011

Was Suspended Ohio State's QB Terrelle Pryor in the Right or Wrong?

Stefanie Loh of the Patriot News examines the five game suspension of Ohio State quarterback Terrelle Pryor and several other players for selling their championship gear and pocketing the profits - a violation of NCAA rules but, from the players' standpoint, a way of obtaining the fruits of their otherwise unpaid labor.

She interviews Geoff and me for the story. Here's an excerpt:
All season, the waters of college football have been muddied by stories of student-athletes breaking rules by trying to make money or receive benefits that, per NCAA rules, they are not eligible for due to their amateur status.

But as a 2009 ESPN.com story showed, a bona fide football star can be a multi-million dollar asset to his university. The University of Florida’s football revenues totaled $132 million in Tim Tebow’s sophomore and junior seasons combined. In exchange, the only monetary compensation the quarterback received was his scholarship worth $13,160 per year, and a minimal monthly stipend.

* * *

Patriot News: Is there any feasible way we can find a happy medium and compensate the student-athletes while not creating dissension?

Rapp: You could allow for a fairly modest stipend. Like what grad students make teaching introductory English in exchange for $20,000 a year. Then, if you’re Terrelle, you have something in your pocket, and it reduces temptation. The real problem is that most universities couldn’t afford to give their student-athletes $10-20,000. For most universities, it would mean the end of their programs.

McCann: How would other athletes be compensated? And how would Title IX work into it? If you’re only paying the players from programs that make money — at most schools that is men’s basketball and football — other players would say “I should be paid too” and the school would say, “You’re not contributing enough to the market.” It would certainly complicate college sports, and I imagine some schools would have to cut programs to pay for this.
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I went on to say that another response -- though not a complete solution -- would be for the NFL, NBA, and WNBA, and their respective players' associations, to collectively-bargain a lowering of their age/experience eligibility restrictions. Here are the current rules:
  • The NBA requires that U.S. players be 19-years-old and one-year removed from high school.
  • The WNBA requires that U.S. players be four-years removed from high school or at least 22-years old.
  • The NFL requires that players be three-years removed from high school.
Those rules are applied in all cases and make no exceptions for a young player's extraordinary talents (i.e., there is no Lebron exception) or his/her financial hardships.

Lowered eligibility would mean that college football and basketball players who would be drafted if they were eligible could then leave college (or not go to college) and pursue those leagues and thereby earn income for their labor. These are the same players who, because they are the best, presumably generate the most fan interest and are thus the most deserving of gaining compensation for their services. To be sure, some of these players would prefer to attend/remain in college, develop their games, and obtain a college education - the choice, though, would be theirs.

None of this is to say that other college student-athletes don't deserve to be paid for their athletic achievements, but if only some can be paid, it would seem that players who are 1) good enough to turn pro and 2) would turn pro but can't because of arbitrary age limits should be first in line.