Media & Entertainment Law

New Article: The Truth about Collusion in Baseball

Posted on February 14, 2009
For those interested in the history of baseball collusion and its implications on the game today, here is a link to my newest article -- "Moving Past Collusion in Major League Baseball: Healing Old Wounds and Preventing New Ones."This article discusses the history of collusion in Baseball, as well as explains how Baseball collusion in the 1980s led to more recent allegations of collusion (A-Rod, Bonds) and other troubling aspects of Baseball's labor-management relationship (for example, drug testing disagreements)...

Diversity and Sports CLE Conference

Posted on February 13, 2009
Next month, Widener Law will be hosting "Diversity and Sports: The History, The Challenges, and The Future." The event is part of the school's Dean?s Leadership Forum On Diversity and will take place on March 16, 2009, at the school's Harrisburg, PA campus...

Jon Pessah of ESPN Magazine has

Posted on February 13, 2009
Jon Pessah of ESPN Magazine has an interesting investigatory report on the BALCO investigation in the latest online edition of the magazine (Who's on Trial in the Bonds Case? Not Just Barry). Jon is not only a journalist, but he also teaches sports journalism at Stony Brook University and has a unique perspective.

Salary Arbitration Update

Posted on February 13, 2009
The Tampa Bay Rays and Willy Aybar are reportedly close to a 2-year deal. According to my hearing dates chart, they need to get this done today prior to their hearing. Here are the dates that I have for hearings next week:Edwin Encarnacion (Reds) - Tuesday, February 17Andre Ethier (Dodgers) - Tuesday, February 17Jeff Francoeur (Braves) - Friday, February 20Corey Hart (Brewers) - Wednesday, February 18Conor Jackson (Diamondbacks) - Wednesday, February 18Kelly Johnson (Braves) - Thursday, February 19Ryan Ludwick (Cardinals) - Tuesday, February 17Nate McLouth (Pirates) - Tuesday, February 17Josh Willingham (Nationals) - Wednesday, February 18I have not yet located the hearing dates for Mike Jacobs (Royals), Ervin Santana (Angels), or Ryan Zimmerman (Nationals)The victory by the Rays over Dioner Navarro lifts the Rays hearing record to 4-0...

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Guest Post: How A-Rod Can Still Get to Cooperstown (And Save Baseball)

Posted on February 12, 2009
The following is a guest post co-authored by Aaron Zelinsky and Benjamin Johnson of Yale Law School* * *Americans love heroes, and we love to see them fall. Alex Rodriguez was a hero, and now he?s falling fast. Batting clean-up behind Roger Clemens, Barry Bonds, and Mark McGuire, A-Rod joins the All-Star Team of the players who shot themselves in the foot ? or the arm, or the thigh...

Ankiel Settles Before Hearing at Midpoint - 13 Still Unresolved

Posted on February 12, 2009
Rick Ankiel settled with the St. Louis Cardinals just before his hearing was set to proceed today. Ankiel accepted a salary of $2,825,000, a figure right at the midpoint. Thirty of the exchanged numbers group have now settled with three proceeding to hearings...

I'm leaving (Texas) today . . . New York, New York

Posted on February 12, 2009
Roger Clemens' portions of defamation action against Brian McNamee was dismissed for lack of personal jurisdiction, in what sounds (according to the ESPN report) like a very unusual split-the-difference approach. The claims involving the statements to Bud Selig and Jon Heyman of Sports Illustrated both occurred in New York, so those claims do not belong in Texas...

Uggla Wins in Arbitration - Ankiel at Bat Today

Posted on February 12, 2009
Dan Uggla?s arbitration hearing was held yesterday in Phoenix, and I just read that he won. The Marlins offered $4,400,000, and Uggla countered with a request for $5,350,000. The midpoint is $4,875,000, and the difference between the two exchanged figures is $950,000...

The Evolution of Street Knowledge

Posted on February 12, 2009
Webstreaming Live, Today and Tomorrow, Thursday and Friday, February 12-13th:The West Virginia University College of Law Sports and Entertainment Law Society is proud to present "The Evolution of Street Knowledge: Hip Hop's Influence on Law and Culture...

Court Blows Fastball Down NCAA Pipe

Posted on February 12, 2009
In a long awaited decision, an Ohio state court has ruled in favor of Oklahoma State University star pitcher Andrew Oliver. You might recall, Oliver was suspended by OSU before a critical college tournament game after news emerged that years before he had met with Minnesota Twins representatives with his attorneys while contemplating whether to retain his amateur status and attend college or turn pro after high school...

I'm leaving (Texas) today . . . New York, New York (Updated)

Posted on February 12, 2009
Updated and Moved to TopPortions of Roger Clemens' defamation action against Brian McNamee was dismissed for lack of personal jurisdiction, in what sounds (according to the ESPN report) like a very unusual split-the-difference approach. The claims involving the statements to Bud Selig and Jon Heyman of Sports Illustrated both occurred in New York, so those claims do not belong in Texas...

A-Rod Aftermath: What about the 103 Other Names?

Posted on February 11, 2009
I have a new SI.com column on how the legal process intersects with possible disclosure of the names of the 103 Major League Baseball players (plus Alex Rodriguez) who tested positive for steroids. Here is an excerpt:* * *Through various means, player agents may likewise be aware of at least some of those names, and they could publicly reveal those names over time...

Baseball, steroids, and jurisprudence

Posted on February 11, 2009
Here is a question for the jurisprudes and the crim law types out there (or just anyone else with an opinion):In 1991, baseball established by rule that it was against the rules of the game to use a range of drugs, including steroids. There was no testing, no enforcement mechanism, and no determinate punishments for using steroids...

Dioner Navarro's Arbitration Hearing Today

Posted on February 09, 2009
Dioner Navarro?s arbitration hearing was today. The Rays offered $2,100,000, and Navarro requested $2,500,000. The midpoint is $2,300,000, and Navarro?s service time is just over three years. He is eligible for the first time this year. There are a couple of good articles on Navarro that are worth looking at, see Tommy Rancel, ?More on Arbitration and Dioner Navarro,? Draysbay...

AM Law Daily Sports Law

Posted on February 09, 2009
Zach Lowe of the American Law Daily has a weekly sports law column that is definitely worth checking out -- this week he discusses the growing marijuana epidemic in Japan's sumo wrestling ranks, among other topics. Here's his take on pot-loving sumo wrestlers:* * *By now, you've surely heard about Michael Phelps's marijuana use and all the sponsorship money it's going to cost him...

Can the Yankees refuse to pay A-Rod and argue recission?

Posted on February 08, 2009
Dave Hoffman at CoOp lays out the arguments.

Football Rules and Title IX

Posted on February 07, 2009
I missed this a few days ago. Calvin Massey at the Faculty Lounge considers what would happen if football rules were changed to limit substitutions so fewer players are needed and fewer will get regular playing time. He argues that fewer playing slots would justify reducing the number of scholarships a school can offer from 85 to 45 or 50...

Shawn Hill Wins In Arbitration Over the Nationals

Posted on February 07, 2009
Shawn Hill won the first arbitration hearing of the year over the Washington Nationals. He will receive $775,000 instead of the team's $500,000 figure.

Some Weekend Links

Posted on February 07, 2009
Catching up with links:* Tonight I have an SI column up on the legal ramifications of Alex Rodriguez's positive steroids test.* Earlier this week, I was interviewed on the Fox News Channel and KCBS Radio to discuss different legal issues concerning Barry Bonds...

Hill and Nationals are first to go to a hearing in 2009

Posted on February 06, 2009
Oft-injured Washington Nationals pitcher Shawn Hill is the first player to go to a hearing this year. Hill, who made $402,000 in 2008 (a figure just above the minimum major league salary), was seeking $775,000 from the panel. The Nationals offered a modest raise to $500,000...

Salary Arbitration Update

Posted on February 05, 2009
According to my research, 22 of the 46 players who exchanged figures last month with their teams have settled. Forty-five percent have settled below the midpoint while 6 received multiyear deals from their teams. Keep in mind that settlements below the midpoint are often close to the figure or performance bonuses exist that might ultimately increase the final salary amount paid to the player beyond the midpoint...

New Documents Made Available in Barry Bonds Perjury Case

Posted on February 04, 2009
I have a new column up on SI.com regarding today's release of hundreds of pages of court documents related to the forthcoming trial of Barry Bonds for perjury. Hope you have a chance to check it out.

Two posts of interests

Posted on February 04, 2009
(H/T: Marc Edelman):First, Mike Colligan comments at the SportsJudgeBlog on the NHL salary cap.Second, Marc himself writes at Above the Law about the Wisconsin Supreme Court decision holding that cheerleading is a sport and the possible implications of that notion for Title IX...

Super Bowl XLIII and Mike Tomlin

Posted on February 04, 2009
On Sunday, February 1, 2009, Mike Tomlin became the youngest head coach in the history of the National Football League to lead a team to the Super Bowl title. Tomlin also became the second African American head coach to lead his team to a Super Bowl win...

Title IX and the definition of sport

Posted on February 04, 2009
Having read the Wisconsin Supreme Court's decision in Noffke v. Bakke and Marc's ATL post on its Title IX implications, let me weigh in.First, the court relied on a dictionary to define sport as an "activity involving physical exertion and skill that is governed by a set of rules or customs...

Implications of Positive DNA Test Result for Roger Clemens

Posted on February 03, 2009
I have a new column on SI.com regarding an apparent match in the DNA of Roger Clemens and that found on materials containing steroids. Here's an excerpt:Although the DNA evidence -- needles that McNamee said he used to inject Clemens and gauze used to wipe blood off Clemens after a shot -- would likely be deemed admissible, Clemens' counsel would have numerous fronts on which to rebuke it during cross-examination...

Time to Revise the National Letter of Intent?

Posted on February 03, 2009
Over on Sports Agent Blog, Marc Isenberg has an excellent piece that proposes a revision of the National Letter of Intent. Here's an excerpt:Some suggest schools are providing more releases today than in the past, especially after a coaching change occurs...

hip hop symposium

Posted on February 02, 2009
The West Virginia University College of Law Sports & Entertainment Law Society is proud to present "The Evolution of Street Knowledge: Hip Hop's Influence on Law and Culture," to take place on February 12-13th, 2009, featuring keynote speakers Cornel West and Talib Kweli...

New SI.com Columns

Posted on January 30, 2009
Over the last day, I have written three new columns on SI.com -- I hope you have a chance to check them out:Testimony by Bobby Estalella, Giambis Brothers could spell trouble for Barry BondsYankees' Potential Silence Clauses could have Broad Effects on PlayersLatest Barry Bonds Development may not be as Damming as you thinkHope you all enjoy the weekend.

University of Baltimore Law School Sports Law Symposium: "From Rookie to Retirement"

Posted on January 30, 2009
The University of Baltimore School of Law has schedules what looks to be an excellent sports law symposium on February 26, 2009. Congrats to Professor Dionne Koller and others for putting the event together. Below are the details.* * *The University of Baltimore School of Law invites you to attend its first annual Sports Law Symposium...

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