Sports Law Roundup – 10/20/2017

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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:

  • Penn State child abuse: A court has denied the request of Jerry Sandusky, the former Penn State University assistant football coach who sexually abused children, for a new trial. Sandusky contends his conviction on those charges was wrongful due to the claimed inadequacy of his legal representation at trial and the prosecutor’s failure to disclose potentially exculpatory information.
  • NFL hiring collusion: Free-agent quarterback Colin Kaepernick has filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. Kaepernick identifies President Donald Trump as a significant actor whose public statements condemning protesting players motivated the owners’ decision. Kaepernick faces an uphill legal climb, though, because circumstantial evidence– the observable fact that no team has hired him despite his track record and apparent needs at his position– is insufficient to prove collusion. Under the collective bargaining agreement, “no club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit” a team from negotiating or contracting with a free-agent player. To make his case, Kaepernick will need to demonstrate that the owners, together and not independently, made an affirmative decision not to employ him, or that the NFL itself directed or encouraged teams to take that position. Depending upon how this matter evolves, however, the stakes for the league and union could be high, as, under certain circumstances, proof of collusion could terminate the CBA.
  • Wrigleyville: The U.S. Court of Appeals for the Seventh Circuit has denied a request for rehearing filed by owners of Wrigley Field-area owners of rooftop restaurants and bars who claimed the Chicago Cubs violated an agreement to prevent the obstruction of field views from the neighboring rooftop establishments when the team included a new, large, outfield video board in its updates to Wrigley Field. The court offered no explanation for its decision to reject the petition for a rehearing of its prior judgment that the agreement itself and MLB’s antitrust exemption barred the neighbors’ claims.
  • North Carolina academics: After spending more than six years investigating the University of North Carolina for academic fraud, the NCAA issued a final ruling subjecting the school to minimal sanctions that do not affect any of UNC’s athletic programs, a decision that, according to Mark Titus, “should come as no surprise.”

Sports court is in recess.

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College football starts tonight

College football is here at last. Like last year, the season begins on a Thursday night that features Vanderbilt in action against another SEC foe. In 2012, Vandy lost a heartbreaker to South Carolina on a blown call by the officials on opening night. This year, the Commodores take on inter-division rival Ole Miss. Vanderbilt has won three straight against the Rebs, but the margin of victory was just one point in their last meeting, and Ole Miss is on the rise thanks to their best recruiting class ever. While everything’s turning up roses in Oxford this season (“roses” being defined as something close to “Robert Nkemdiche“), a dark cloud has been hovering over Nashville as a result of rape allegations against four recently dismissed players. On the field, Vanderbilt’s biggest question might be at quarterback, where the journeymannish boy Austyn Carta-Samuels is set to take the reins from the graduated Jordan Rodgers and attempt to help the team improve on last year’s nine-win season, VU’s best mark since 1915.

Unlike last year, Vanderbilt technically does not play the first game of the season, Continue reading

ALDLAND Podcast

As promised, ALDLAND is back at it again with another college football preview blowout. Every BCS conference is discussed, and don’t worry, we didn’t forget about the Domers. Join Marcus and I, along with a special surprise guest as we unveil our picks and discuss the major players in the 2013 season as we see it. College football! So exciting!

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The Carrier Classic: College basketball takes flight

The college basketball season tips off in earnest tonight off the coast of San Diego, where Michigan State will take on North Carolina on a court built on the deck of the USS Carl Vinson:

ALDLAND ADDS VALUE: Carl Vinson was a member of Georgia’s congressional delegation for more than fifty years. A 1902 graduate of Mercer University Law School, Vinson served as a county prosecutor and judge, as well as a state legislator in Georgia. He died in 1981 at the age of ninety-seven. All of which reminds me of the last high-profile meeting between UNC and MSU, which did not go too well for Sparty. Tom Izzo’s squad suffered a setback before the season even began, and even the homers aren’t overly optimistic about tonight’s high-seas clash. UNC looks good, but I expect the Spartans to put up a fight.