Media & Entertainment Law

Against replay and commissioner revision

Posted on June 03, 2010
OK, I guess I have to weigh-in in part on this. Mike captures some of the arguments in favor of replay and I have made my views known in the past. The WSJ Law Blog picked up our dispute. And here is a nice summary (with a bent towards opposing replay, I sense) from Ted Frank at Point of Law...

Is it just about perfection?

Posted on June 03, 2010
A question to those clambering for Bud Selig to reverse the call and award Galarraga a perfect game: Is it just about the perfect game, that unique historical rarity? What if it had been an ordinary no-hitter? A one-hitter? What about a shut-out (where the outcome was otherwise unaffected)?I am trying to figure out why this would not have the commissioner reviewing all sorts of calls post hoc (although Mitch Berman's suggestion could limit this problem)...

Perfection is in the Eye of the Beholder

Posted on June 03, 2010
So what should MLB have done now that Bud Selig has ruled that the call cannot be changed? Umpire Jim Joyce admits he blew the call. The next batter grounded out. What?s the harm in reversing what was clearly the wrong decision and giving Armando Gallarraga the perfect game he pitched on Wednesday night?For those of you outside Chicago and Philadelphia who didn?t realize the NHL Stanley Cup finals are being played magnificently, compare what happened in the last game almost at the same time as the goings on in Detroit...

American Needle v. NFL: The Broader Aftermath

Posted on June 02, 2010
With more than a week having passed since the Supreme Court's ruling in American Needle v. Nat'l Football League, discussion about the case has begun to shift from what the ruling means for American Needle Inc. to what it means for other sports-related businesses...

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New Sports Illustrated Column on NFL Network and Cable Industry

Posted on May 30, 2010
I had the Viewpoint Column on SI.com a few days ago, and my piece centered on the consumer and antitrust implications of the legal and business battles between the NFL and major cable companies. Here's an excerpt:* * *Some of these fans can still watch those contests because every NFL Network game that sells out -- and all 32 previous ones were sold out -- is simultaneously broadcast on free, over-the-air TV in the primary market of the home and away teams...

Cooperstown Symposium on Baseball and American Culture

Posted on May 30, 2010
The 2010 Cooperstown Symposium on Baseball and American Culture will be held next week, June 2-4, at the National Baseball Hall of Fame in Cooperstown, for those of you who find yourselves in upstate New York. The program is here. I presented here a few years ago and may try to do it again next spring (maybe more on the judge/umpire thing); it is a great time...

Baseball and Law in Chicago

Posted on May 30, 2010
That was a great couple days in Chicago for the Law and Society Association Annual Meeting. I wish I could have stayed an extra day or two, but family calls. Otherwise, I was able to run along the lake, eat Chicago-style pizza, and spend an almost-perfect afternoon at the Place Where God Intended Baseball To Be Played (even if the Cubs lost because, well, they suck)...

Clip, Clilp, Baby!

Posted on May 30, 2010
The intersection between Sports and Bioethics has grown geometrically since I argued on behalf of Eddy Curry that the Chicago Bulls had no right to insist on a DNA test as a condition of his employment. ESPN the Magazine recently devoted almost an entire issue to how genetic research might be changing the future of sports...

New Sports Illustrated Column on Implications of Floyd Landis' Allegations against Lance Armstrong

Posted on May 27, 2010
I have a new column on SI.com on the potential legal impact of allegations by Floyd Landis that Lance Armstrong engaged in doping and possibly encouraged and facilitated other riders to dope. Here's an excerpt:Why would law enforcement authorities listen to someone of questionable character like Landis? For one, Landis would be breaking the law by knowingly lying to federal government officials...

Law and Society: Judges as Umpires, Umpires as Judges

Posted on May 26, 2010
For those of you attending Law and Society this weekend: On Thursday morning at 8:15, I will be doing a roundtable discussion called Judges as Umpires, Umpires as Judges: Rethinking the Metaphor. We will explore the silly judge-as-umpire metaphor, instant replay, the nature of judging and sports officiating, and other links between judging and sports...

Sports Illustrated column on American Needle v. NFL decision

Posted on May 24, 2010
I have an SI.com column on today's big decision. Here's an excerpt:* * *The NFL's argument encountered significant resistance during oral arguments on Jan. 13. Neither the conservative nor liberal justices seemed to buy the NFL's reasoning, which was inconsistent with precedent and also of questionable logic...

More on the Supreme Court's Ruling in American Needle v. NFL

Posted on May 24, 2010
As Nathaniel Grow just posted, the Supreme Court ruled today 9-0 to overturn the Seventh Circuit?s ruling in American Needle v. Nat?l Football League, which had held that the single-entity status of a sports league should be viewed "one league at a time" and "one facet at a time...

Breaking News: Supreme Court Unanimously Reverses 7th Circuit in American Needle

Posted on May 24, 2010
The United States Supreme Court released a unanimous opinion this morning reversing the Seventh Circuit's decision in American Needle v. NFL. The opinion is available here.

On Floyd Landis: What Makes Sports and Sports Law Interesting

Posted on May 22, 2010
What makes Sports and Sports Law so interesting is how its controversies frequently serve as a microscope into the human condition. Take the case of Floyd Landis. The cyclist from Amish country in Pennsylvania?s version of the Bible belt had won the 2006 Tour de France, returned as a small town hero, and then was stripped of his title after accusations of doping...

'Spygate' Class Action Suit Dismissed as Third Circuit Rejects Ticketholders' Lack of 'Honesty' Claim

Posted on May 20, 2010
A group of New York Jets' season ticketholders lost their attempt to claim damages for the New England Patriots secret videotaping of the Jet's defensive calls during the 8 games played at Giants' Stadium from 2000-2007. Citing the fact that "honesty" is not a cause of action for a ticketholder who merely has a license to "enter" the stadium attend a game, the U...

New Sports Illustrated Column on Implications of Dr. Anthony Galea Prosecution

Posted on May 20, 2010
I have a new SI.com column on the charging in both U.S. and Canadian courts of Dr. Anthony Galea, a Canadian doctor who is alleged to have provided illegal performance-enhancing drugs to many star athletes in the U.S. Here is an excerpt:* * *In a way, though, Galea isn't the only person on trial...

The Brian Cushing Revote: Defending the Associated Press

Posted on May 17, 2010
Last week, Brian Cushing became the first player in NFL history to win the Associated Press Defensive Rookie of the Year Award...twice. Cushing won the award back in January with 39 of the possible 50 votes, but the AP called for a revote after it was recently disclosed that Cushing had tested positive at the beginning of the NFL season for hCG, a fertility drug banned by NFL Policy on Anabolic Steroids and Related Substances (the same drug that led to Manny Ramirez?s 50-game suspension by MLB)...

The Sports Commentary Interview of Jay Reisinger

Posted on May 16, 2010
Nice interview by The Sports Commentary of sports lawyer Jay Reisinger, who has represented Andy Pettitte and Sammy Sosa, among other professional athletes, and who's recently started a new blog, with an emphasis on sports law. Here's an excerpt of Jay's interview:With respect to a contract dispute, it is important to convey a message of ?fairness? with respect to an athlete?s salary requests...

Can Bud Selig invoke Best Interests o the Game Clause to Seize Control of Texas Rangers?

Posted on May 13, 2010
The basic issue here is that Major League Baseball seems to want a prospective ownership group led by Nolan Ryan and Attorney Chuck Greenberg to purchase the Rangers, which have been owned by Tom Hicks (who last year defaulted $525 million in loans) and a group of lenders, but Hicks et al...

DC Bar Hosts "Collective Bargaining in the Sports Industry in 2010"

Posted on May 13, 2010
If you're in the D.C. area, there will be a terrific sports law event on Thursday May 20 at the Nationals Park hosted by the D.C. Bar: The Arts, Entertainment, Media, and Sports Law Section In Co-sponsorship with the Labor and Employment Law Section and the Litigation Section Presents an Evening Program Collective Bargaining in the Sports Industry in 2010: An Evening to Appreciate, Debate, Discuss, and Enjoy All Things Baseball A panel of experts from the Commissioner?s Office, the Players? Association, and the World Umpires Association will discuss labor law and collective bargaining and the outlook for the national pastime as the players? collective bargaining agreement is set to expire in 2011...

More on Justice Department's Inquiry into One-Year Renewable Athletic Scholarships

Posted on May 11, 2010
A couple of days ago, we blogged about the report by Libby Sander of Chronicle of Higher Ed on the Justice Department investigating the NCAA's rule on one-year renewable scholarships for student-athletes. Providing additional commentary and perspective, David Moltz and Doug Lederman of Insider Higher Ed have a story titled "Are Athletic Scholarships Fair?"...

Sports Law and Elena Kagan's Nomination by President Obama to Supreme Court

Posted on May 10, 2010
Congratulations to Solicitor General and former Harvard Law School dean Elena Kagan on her forthcoming nomination by President Obama to become an associate justice of the United States Supreme Court. If confirmed by the U.S. Senate, she will fill the position of retiring Justice John Paul Stevens...

Sports Illustrated Column on Legality of Pre Draft Questions in NFL

Posted on May 08, 2010
I have a new SI.com column that looks at whether the legal implications of "offensive" questions asked of players eligible for the NFL draft. Here's an excerpt:* * *Can NFL teams legally ask prospective draft picks any question, no matter how offensive, during pre-draft interviews? The last few weeks have revealed two interviews that strike many as objectionable...

Breaking Down the Latest Development in the Star Caps Saga

Posted on May 07, 2010
I have a new column up over at the Huffington Post that takes a closer look at the latest development in the StarCaps case. Here's an excerpt:The StarCaps saga took yet another turn on Thursday when Minnesota state court Judge Gary Larson finally answered the basic question of the case--can the NFL suspend Pat and Kevin Williams? It took almost 2 years to get there, but Judge Larson concluded that Minnesota law does not prevent the NFL from suspending the Williamses...

Justice Department Scrutinizing One-Year Renewable Scholarships

Posted on May 07, 2010
Libby Sander of the Chronicle of Higher Education writes today about the Justice Department's interest in NCAA scholarship rules, particularly the one-year renewable rule for scholarships. Here's an excerpt:* * *Lawyers from the department's antitrust division recently met with officials from the National Collegiate Athletic Association to discuss the association's rules governing athletics scholarships, according to an e-mail message from the NCAA obtained by The Chronicle...

Recap of NBA Age Limit Panel at UNC Chapel Hill Scholarly Conference on College Sports

Posted on May 06, 2010
Neil Offan of the Durham Herald Sun writes about "fixing" the NBA's one-and-done rule, which was a panel at the 2010 Scholarly Conference on College Sport at the University of North Carolina-Chapel Hill. Here's an excerpt from Offan's story:* * *. . ...

Star Caps Update: Minnesota Judge Upholds Suspension

Posted on May 06, 2010
The Star Tribune is reporting that Minnesota state court Judge Gary Larson has upheld the four-game NFL suspensions of Minnesota Vikings Kevin and Pat Williams. I have not seen the opinion, but the Tribune notes that Judge Larson found that the NFL (and not the Vikings) is the employer of the Williamses and that the suspensions violated Minnesota state law, but upheld the suspensions because the violations did not harm the Williamses...

Lacrosse and irony

Posted on May 04, 2010
I am interested in this story, given that I am in the process of finishing edits on a book of chapters on the Duke lacrosse scandal.A member of the highly ranked men's lacrosse team at Virginia, George Huguely, has been arrested and charged with first degree murder in the death of a member of the similarly successful women's team, Yeardley Love...

The Next Step in the StarCaps Saga: Federal Legislation?

Posted on May 04, 2010
Over at sportsillustrated.cnn.com, Peter King is reporting that California Representative Henry Waxman is ?close to introducing legislation in the U.S. House that would make drug policies negotiated as part of a national collective bargaining agreement ? such as the one the NFL negotiates with players ? override state drug-testing laws...

Sports Lawyers Association Annual Conference

Posted on April 30, 2010
The Sports Lawyers Association 36th Annual Conference will be held in Phoenix, Arizona on May 20-22. The three day annual conference is designed for attorneys, agents, representatives of professional athletes, professional sports teams and leagues, players associations, stadium and arena authorities, and companies tangentially involved with amateur sports; students and professors of sports law; educators; and all others generally interested in the field...

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