Sports Law Roundup – 6/23/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
  • NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
  • Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
  • Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.

Sports court is in recess.

Relief from Short Relief

Not as in “relief from the burden of Short Relief.” More like, “Short Relief (at last) has provided me with some relief.” I am not a longtime reader of Baseball Prospectus the way people who truly have been reading Baseball Prospectus for a really long time casually sprinkle into digitally transmitted discourse that they are longtime readers of Baseball Prospectus, but I have been reading the site and its books and listening to its podcasts (or one of its former ones, anyway) for a few years and been a subscriber for the balance of that time, and there is no question that the temperament of the site has changed over that period. Since I have been reading it, BP has had three editors in chief: Ben Lindbergh, Sam Miller, and Aaron Gleeman, its current EIC. Miller, who now writes for ESPN, has a special ability to blend the analytical and the fanciful (perhaps “imaginative” is a better word here, though neither are correct), and, by outward appearances, was a judicious editor. Baseball writers everywhere usually write about baseball in serious tones, and Miller was a breath of fresh air in that regard, if a measured one. It’s good to have outlets for some less serious baseball writing too. There used to be a whole place for that, which was called NotGraphs, but it was terminated in late 2014. Thereafter, its postmortal spirit attempted to eke out a living in an even smaller corner of the web, but that campaign fizzled.

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Although Miller never misses an opportunity to credit Lindbergh, his former boss and collaborator on two significant projects who now writes for The Ringer, as the best in the business, it’s clear to me that it’s Miller who’s left a large impression on the current version of BP. Whimsy, once reserved for sidebar Hitlist one-liners and a few player comments in the BP Annual (not unusually in the form of a Simpsons reference) everyone raced to find, photograph, and post on social media web platform Twitter.com, now abounds– or, at least, attempts to abound– at BP. This is most visible in the daily Short Relief feature, a sort of refugee camp for NotGraphs alums that typically contains three essays, or maybe poems, or maybe just a picture, that effort and imitate toward the odd and purposefully absurd.

I never read every article every day at BP, but I’ve never read less of BP than I do now (Russell Carleton and Rob Mains are musts), and I very rarely read Short Relief. I’m glad a major baseball site is trying to resurrect NotGraphs, but this take just doesn’t hit me right. It feels very unessential and often forced. A lot of that probably is due to the fact that it’s an everyday feature. It’s really hard to produce original funny, silly, odd, unusual, quirky, or whatever content on a daily deadline. It’s even harder when you’re limited to one subject area. (There’s also the part about the site’s budget crunch and probably a little friction with the idea that BP is contributing resources to Short Relief rather than its core mission, which seems noticeably understaffed at the moment.)

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BUT. Today’s Short Relief I did read, and today’s Short Relief I did like. It contains two entries, both by former owners of NG bylines. The first, from David G. Temple, once the managing editor of TechGraphs, is a short story about baseball cards that really hit home for me, as anyone reading ALDLAND’s late-night tweets earlier this week might have guessed. The second, from Short Relief coordinator Patrick Dubuque, provides a short metacommentary on the Short Relief series itself that resonated in light of the above-transcribed feelings about the Short Relief series. I commend both to your screen and eyes.

ALDLAND Archives: Is the Worldwide Leader not long for this world? Imagining the end of ESPN

ESPN is in the midst of a significant layoff of on-air talent this week, and most of the casualties’ names are coming to light today. The cuts are leading many to ask some fundamental questions about the network’s future. Below, from the past, a potential answer to one such question.

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Is the Worldwide Leader not long for this world? Imagining the end of ESPN

December 7, 2015

My latest post at TechGraphs asks a simple question: why does ESPN still exist?

The full post is available here.

Sports Law Roundup – 1/13/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

Sports Law Roundup – 12/30/2016

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a week off for Christmas, we’re back with the top sports-related legal stories from the past week:

  • Soccer CBA: The collective-bargaining agreement between the U.S. Women’s National Team Players’ Association and the U.S. Soccer Federation is set to expire this weekend, and reports, centered around the union’s termination of its executive director on Wednesday, indicate that the two sides are unlikely to reach a new agreement in time. Compensation appears to be a central issue of contention for the players, who already have a pending wage-discrimination complaint with the Equal Employment Opportunity Commission. Absent a new agreement before the deadline, the existing CBA would remain in place (though either side then would have the right to terminate the agreement on sixty-days’ notice).
  • NFL head injuries: The lawsuit filed last month by thirty-eight former NFL players against the league and its teams seeking an amendment to the NFL-NFLPA CBA to provide for workers’ compensation benefits for CTE for living patients and loss-of-consortium compensation for their spouses is over. In an apparent attempt to avoid having the case lumped in with already-pending NFL concussion litigation, which is in the settlement phase, the plaintiffs voluntarily dismissed this suit and intend to re-file individually in various state courts.
  • Soccer witchcraft ban: This isn’t really a legal update, but it has been a slow few weeks in the sports law world, so there’s room for a note on the national governing body of soccer in Rwanda’s new ban on witchcraft during games. The restriction only applies to coaches, and the penalty is a four-match suspension and a fine. It appears that sorcery, however, remains legal in Rwandan soccer.

Sports court is in recess.

Baseball’s faithless electors

My latest post for Banished to the Pen considers the Tampa Bay Rays, the faithless electors of the vote on the 2016 MLB collective bargaining agreement, and it includes this picture:

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The full post is available here.

John Calipari, hero anti-NCAA crusader?

NCAA Men's Championship Game - Kansas v Kentucky

Those who oppose the NCAA as an old-fashioned, draconian regulatory body designed for the sole purpose of maintaining profit-driven financial control over a highly valuable workforce are praising yesterday’s comments by University of Kentucky men’s basketball coach John Calipari, who addressed a basketball-related change in NCAA rules that will allow college players to declare for the NBA draft and, if invited, attend the NBA combine before they have to decide whether to withdraw from the draft in order to maintain their collegiate eligibility as follows:

Met with our team today. Told them that during the season it’s about the team and sacrificing for each other – which they did this year. When the season’s over, it’s about each individual player and what’s right for them and their families.

With that being said, every player who is eligible for the draft, including our walk-ons, will submit their names for the NBA Draft in hopes of being invited to the combine in May. The new rule states they can submit their name a total of three times. If they choose to withdraw, they have until 10 days after the combine. It’s a true win-win for the student-athlete.

Just so you know, having every kid put their name in the draft is about all players getting the right information. Players not invited to the combine know what that means. Players invited to the combine and told to go back to school know that that means. As I said, it’s a win-win for the student athletes. I like the rule.

(Emphasis added.)

On one hand, Calipari is right to encourage his players to gain as much information as they can about their professional prospects, especially where there is no penalty to the player for seeking that information. The new regime– allowing players to wait until after the combine to decide whether to withdraw from the draft– provides players considering continuing their basketball careers on a professional level a valuable option.

Calipari isn’t merely praising this change as a beneficial option for “student-athletes,” however. Continue reading

Extra! Extra! Read all about what you’ve already read!

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What’s with all the newsletters? Last week, I wrote about Bill Simmons’ new, post-Grantland website, The Ringer, which launched not with a splashy homepage prepopulated with articles, but with an email newsletter. Over a week later, TheRinger.com still exists as a simple placeholder page with little more than a button for subscribing to that email newsletter and podcast download links. As of this afternoon, Simmons & Co. have released a total of six newsletters.

Two days ago, FanGraphs announced that it too would introduce an email newsletter, and, later that day, the first issue arrived:   Continue reading

The Phillies have given up, finally

Back in February, before the 2015 MLB season started, I wrote that the projected-to-be-terrible Philadelphia Phillies should just give up and put themselves out to pasture. They did not immediately heed my advice. Nearly four months later, the team found itself with a 22-44 record, the worst in all of baseball. Cue the terminal sequence: Continue reading

The moral implications of StatCast

moralitycastIf your neighborhood baseball nerd is nerding out a little more than usual today, it’s probably because Pluto’s in retrograde right now or something, and it definitely doesn’t have anything to do with tonight’s television broadcast debut of StatCast, which will go far beyond showing balls and strikes by tracking things like player movements and batted-ball data. Ben Lindbergh has a good preview of the technology and its chief implications for expanded baseball analysis here.   Continue reading