Glad Jam

What can we be other than glad that a being of the sort of Col. Bruce Hampton, Ret., has graced the Earth-stage? Hampton was a wise, even shamanistic mentor in the form of an eccentric and sometimes scary trickster who touched, prodded, pushed, and fostered the careers of so many great musicians. (Click that link for some brief, compelling testimonials from familiar folks.) Elsewhere, I’ve described him as the underground patron saint of modern Southern rock ‘n’ roll, but his influence was broader than that. He died this month on the night of his 70th birthday concert, collapsing onstage at the end of the performance at Atlanta’s Fox Theater in what his friends and collaborators initially thought was nothing more than his latest stunt. (Later that night, one said, “We’ve all seen him do this kind of thing so many times—some of us were going to get down on the stage, too.”)

Writing about Hampton– I tried once before today– isn’t the easiest: he said that one would-be biographer “‘tried to write a book about me, but it was insane—filled with space ships and spies and things that made no sense,’ Hampton said, adding later that this was his 165th trip to the Planet Earth, ‘the only planet in the solar system with aluminum.’” Best just to listen, probably. Snuggled between the various, varied, and engaging interview clips, movie clips (both from the one about him and his appearance in Sling Blade), baseball clips, and concert clips, is this this happy one:

I heard Hampton perform just once, on a magical musical night last summer with some of his most vocal prophets, the Tedeschi Trucks Band, and, although I had to turn down tickets to what would be his final concert, where he passed on to a preferable dimension, I consider myself fortunate enough to have heard him outside on that summer night, and, so many more times, to have heard his influence conveyed through his pupils, subjects, and sonic neighbors. For all of that I am glad indeed.

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Sports Law Roundup – 5/5/2017

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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:

  • NBA profiling: In 2015, Mike Scott, then a member of the Atlanta Hawks, and his brother were pulled over and subsequently arrested after a search of their rented vehicle turned up marijuana, ecstasy, and $1,684 in cash.  The deputy sheriff who made the stop later was found to have been racially profiling drivers as part of a forfeiture scheme and placed on administrative leave. Records provided by the Scotts’ attorneys show that the deputy sheriff “pulled over more than 1,400 vehicles in 2015 and 2016 but issued only eight traffic citations. He also arrested 47 people, at least 44 of whom were minorities.” As a result of the profiling, the judge overseeing the Scotts’ drug case this week threw out the key evidence against the defendants.
  • Baseball broadcast settlement: In early 2016, MLB settled a fan antitrust lawsuit targeting the league’s television blackouts and other components of its broadcast system. While the blackouts survived, the fans did win reduced-price single-team subscription options for MLB.tv (I am a subscriber, to varying degrees of satisfaction), as well as a price reduction for the full MLB.tv package. The agreement also included a component that would allow MLB to raise prices in the future in exchange for providing more live streams of in-market games by 2017. That component now is at issue in a new motion filed by the fan group demanding that the court enforce the terms of the settlement agreement. The fans allege that MLB raised prices without the required corresponding in-market streaming increase. They concede that the league may have agreements in place with local television providers to provide the in-market streams, but, the fans argue, “the obvious purpose of the settlement was not that ‘agreements’ of some kind be reached, but that the actual games be available.” The fans also argue that, contrary to what they were promised, MLB has failed to make the “follow your team” game broadcasts available when the selected team is playing the team based in the fan’s local broadcast market.
  • Cheerleader wages: The Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, have reached a $250,000 settlement of Herington’s proposed class action lawsuit that provides for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. While not insubstantial, the Journal Sentinel notes that Milwaukee’s $250,000 settlement amount is less than what other teams– for example, the Oakland Raiders ($1.24 million), Tampa Bay Buccaneers ($825,000), and Cincinnati Bengals ($255,000)– have paid to resolve similar lawsuits. Upon learning that Herington was wavering on whether to agree to the settlement, her lawyer, who wanted her to accept the deal, reportedly was overheard telling her that “it’s a Bucks dancer’s choice my friend, better take my advice.”
  • Minor League baseball wages: As predicted two months ago, the court overseeing  the minor-league baseball players lawsuit against MLB for higher wages and overtime pay will permit the parties to appeal its recent ruling certifying the case for class-action treatment. In doing so, the court also decided to stay the case pending resolution of the class-certification issues by the appellate court.

Sports court is in recess.

First I Look at the Jam

It’s fair to say that every band that made it big played in a bar at some point on its way up. It’s equally fair to say that the J. Geils Band was the best bar band to make it big. Last month, guitarist J. Geils died at the age of seventy-one. Along with singer/hype-man Peter Wolf (the face of Facebook), Magic Dick on harmonica, and some other guys with less interesting names, they brought high-energy, Boston-barroom-soaked rock and roll to the national stage. The best snapshot of their sound came on Live: Full House, an album recorded in Detroit in 1972. The band’s later success on the pop charts, with hits like “Freeze Frame” and “Centerfold,” provided a surprising– and, one assumes, more lucrative– second act for the group, but, minus a few reunion efforts, it would be their last. Geils himself had a muted solo career, making two blues albums with Magic Dick and in the mid-1990s and some jazz recordings a decade later.

Trucks Jam

Butch Trucks, drummer, Allman Brothers Band founding member, and uncle of modern guitar legend Derek, died this week. Even as the ABB tapered off its touring schedule and eventually concluded its historic run, Trucks continued a vibrant performance life, playing both with established musicians like his band mates and forming new bands with younger players.

One of Trucks’ lesser publicized projects was his personal blog. He started it about a month before this site went live, and it remains the most memorable thing I read online during that period. After speaking, essentially exclusively, through his drumming for decades, his unfiltered, direct, intelligent written communication revealed more of the personality behind his rhythm. And the writing was revealing. He wrote about controversial points in the band’s history, racism, Duane, Dickey, Skynyrd, the reality of his own upbringing, and more, and he even read and responded to reader comments. A rare opportunity to peer inside the active mind of one of the many pillars of rock and roll. The second half of 2011 was his busiest time on the site, which felt like it should have been shut down at any moment by a band PR rep, and he didn’t post there after 2013, but it is essential reading for any fan of the Allmans.

If you want to read something else, here’s an interview with Trucks and Jaimoe, the band’s other original drummer, in connection with the 40th anniversary tour two years ago. Otherwise, I’d recommend leaving all that behind for now and getting into these jams.

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Related
Silent Film Series: Virgil “Fire” Trucks (Detroit, MI 1956)

Sports Law Roundup – 1/20/2017

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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:

  • Hockey head injuries: In a discovery dispute in a case between the NHL and over one hundred former players alleging that the league knew or should have known that concussions can lead to CTE, the NHL filed a motion seeking a court order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Thus far, BU, which “maintains what it calls the largest brain repository in the world dedicated to the study of CTE,” had refused to provide the league with the requested information on confidentiality grounds.
  • Atlanta Braves Community Fund: A lawsuit alleges that, since at least 2010, the Atlanta Braves have failed to make adequate payments to a nonprofit entity known as the Community Fund as required under the team’s contract with the city (technically the City of Atlanta and Fulton County Recreation Authority) for Turner Field. That contract required the Braves to pay specified shares of revenue from both baseball and non-baseball events at Turner Field to the Community Fund, which now claims that the team underpaid in violation of that contract. The Braves played their final game ever at Turner Field last October.
  • Beatles’ declaration worth many pennies: Since we’re thin on sports law stories this week and sometimes cover music on this site, here included is comment on Paul McCartney’s recent lawsuit seeking a declaration that his prior exercise of certain rights under copyright law will not cause a breach of publishing agreements with Sony. McCartney is hoping to gain control of the rights to songs he wrote prior to 1978 but fears retribution from Sony, which could not provide “clear assurances he won’t face contract troubles for taking back his songs.”

Sports court is in recess.

Detroit Memorial Jam

Bob Seger is back with his first new song release in over two years. Seger, who hasn’t toured since 2015, just published “Glenn Song,” a tribute to Eagles co-founder and fellow Michigander Glenn Frey, on the first anniversary of Frey’s death. The two had a history of collaboration, with Frey backing Seger on the latter’s first national hit, “Ramblin’ Gamblin’ Man,” and Seger pitching in on the Eagles hit “Heartache Tonight” a decade later. Seger, now seventy-one, is in strong voice on “Glenn Song,” which is available for free streaming and download on his website.

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.

New Year Jam

A lot of people thought 2016 was, mostly in an admittedly abstract or indirect way, a bad year. Most agree that 2017 will be another year. Before we get there, though, we must make it through today and tomorrow. In the course of doing so, many inevitably will turn their (hopefully not too lonely) eyes to the former home of Joe DiMaggio on Saturday night. This is a Jam: