Sports Law Roundup – 9/22/2017

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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:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

Sports court is in recess.

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Analyzing college football coaches’ favorite musical artists

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ESPN conducted a survey of all 128 Division I college football coaches, asking them to name their favorite musical artist. The full list of responses is here. My cursory analysis is here:   Continue reading

ALDLAND Podcast

Hello ALDLAND listeners, its the ALDLAND Podcast team, and we have quite the episode for you this week. Lip service is paid to the end of the Olympics and Canada is blamed for things that are assuredly their fault. If that’s not enough, your two favorite co-hosts get deep into discussing the NCAA tournament bubble.

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

2013 college football bowl schedule

Before getting to the 2013-14 college football bowl schedule and associated predictions and operations, a note on sponsored discourse. In this post-Musburger-for-all-the-Tostitos world, it is an unremarkable fact that the bowl games are not merely sponsored football contests but business entities in and of themselves, the sponsorship-style nomenclature– e.g., “the Tostitos Fiesta Bowl”– a mere reflection of the game’s less overtly monied past. Even the ostensible bastion of postseason intercollegiate purity now is known as “the Rose Bowl Game presented by Vizio.”

When a bowl game is a business, and not merely a happening, there is an associated shift in the commercial advertising language referential to that business. The NFL’s decision to prohibit the use of “Super Bowl” by non-league advertisers, who now must offer you late-January deals on new televisions for watching “the big game,” provides a rough analogy.

I understand and accept the logic behind a business’ desire to control its portrayal in other business’ advertisements and insist on inclusion of a game’s full, sponsored title in that portrayal. What I do not understand is why the news media plays along. This week, I heard a local sports talk show talk about talking about Georgia’s appearance in “the Taxslayer dot com Gator Bowl,” and that’s far from the only example. I understand that some of the sponsors have integrated their names into the bowl games’ names in such a way that it’s difficult– or, where the sponsor’s name and the bowl’s name are one and the same, impossible– to say the bowl’s name without saying the sponsor’s name as well (e.g., the Kraft Fight Hunger Bowl and the Capital One Bowl, respectively). “Taxslayer dot com” is a mouthful, though, and everybody already knows the Gator Bowl. “The Rose Bowl Game presented by Vizio” is ridiculous to say, and things like “the Allstate Sugar Bowl,” “FedEx Orange Bowl,” and “Tostitos Fiesta Bowl” simply are superfluous. Why the sports news media feels obligated to append these sponsor names when discussing the bowls is beyond me, and you won’t find us doing it here, unless it’s something humorous like the Beef O’Brady Bowl or the RealOakFurniture.com Bowl.

Onto the bowl schedule, which begins this Saturday.   Continue reading

ALDLAND Podcast

After an extended break the ALDLAND podcast is back and better than ever. College basketball is finally on the menu, as is discussion of a big trade in the MLB. And as always, listen for ALDLAND’s college football picks of the week.

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

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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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

NCAA Tournament: Day 1 Recap

spartyondrumsFor the most part, everyone did what they were supposed to do yesterday, with a few exceptions. Some of the highlights:

  • Despite some fight from Valparaiso and surrendering turnovers in spades, Michigan State pulled away to a win in the tournament’s opening game.
  • Newly anointed Gonzaga nearly blew their opportunity and almost became the first #1 seed to go down in the first round, escaping with a win over a Southern team that would not go away.
  • Harvard University, which has so little going for it, finally found some success in the realm of sport, securing its first tournament win with an upset of #3 New Mexico.
  • New Mexico State also lost yesterday, making this article really sad.
  • Colorado State’s win over continually hapless Missouri was a yawner…until it wasn’t!
  • When will we stop underseeding the Pacific Twelve? Oregon pulled one of the least surprising 12-5 upsets ever by knocking off Eddie Sutton-less Oklahoma State, while #12 Cal eked one out against #5 UNLV.
  • As usual, I got greedy with underdogs in the early rounds, so the dispatching of UNLV and Belmont wasn’t too kind to my ALDLAND bracket. (If you’re a junkie, you can see the updated standings here. We’ll do a deep analysis after the first two rounds are complete.)

On that last point, keep an eye on Ole Miss and Wisconsin today, outcome to be determined by the severity of Marshall Henderson’s inevitable hangover.

College football bowl schedule released

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The full bowl schedule, including times and broadcast networks, is here. Some highlights, in chronological order:   Continue reading

Magalan’s year in review

Top 3 Sports Moments/Things of the Year:

1. Makau breaks the Marathon World Record in Berlin.

Don’t worry, we’ll talk SEC Football soon enough. But records in the Marathon don’t happen every year, and it’s getting much harder to break. So when Patrick Makau runs 26.2 miles in 2:03:38, it’s a big deal. Breaking the previous record by only 21 seconds in a race that is so long might not seem significant, but, umm, it is. I find it helpful to note that the time listed above means Makau ran the race with an average pace of 4:42.9 per mile. If you were a track star in high school, it is possible that you could run a mile in under 5 minutes. Once, maybe twice. To do it 26.2 times is truly difficult for me to comprehend.

2. The ALL SEC National Championship Game.

Since it is a moment that will actually occur in 2012, we’ll say the selection of two SEC teams for the title game. I’ll start by saying the whole situation stinks for Oklahoma State. They were certainly deserving of a shot against LSU. But so is Alabama. I didn’t agree with any of the talk about the LSU-Bama meeting on November 5 – I didn’t think it was terribly boring, and really enjoyed watching it.

Aside from SEC homerism, the moment is significant in that it might have finally tipped the scales for a move to some kind of playoff. It has, at the very least, put the structure of the BCS in doubt going forward. The run up to the national championship may look very different five years from now.

3. The Atlantic publishes Tyler Branch’s piece, The Shame of College Sports, in October 2011.

As should be clear by now, I love watching college football. But its hard to read that article and not feel unsettled by the current state of affairs. As revenues for college football continue to increase, I expect that we’ll eventually see some sort of real payment for players. Which is probably for the best.

Top 3 Albums of the year:

1. Here We Rest – Jason Isbell and the 400 Unit.

He was my favorite part of the Drive-By Truckers when we was with them, and I’ve loved each of the three albums he’s made since he moved on in 2007. This last one is yet another good addition to his body of work. He’s a heck of a songwriter, and you can rock out or relax at various points on the album.

2. The King of Limbs – Radiohead.

I liked it, sorry. Maybe it’s not as groundbreaking as stuff in the past, but I’ve caught myself listening through the album over and over again. I take that as a sign.

3. Barton Hollow – The Civil Wars.

These guys put out an incredible album this year, and then got a ton of publicity when Taylor Swift tweeted about their concert at the Belcourt Theater. The whole album is beautiful, and the title track is all sorts of acoustic kick-ass.

Related
Bdoyk’s year in review
Exexpatriate’s year in review

Bpbrady’s year in review
ALDLAND’s year in review

ESS-EEE-SEE!

Just when you thought fans in the Southeastern Conference couldn’t get more insufferable, there’s this.  It’s a little fluky, but how do you like 3 teams from the SEC in BCS games?  I can’t say I love it after Georgia got passed over in 2007, but I’ve accepted that our ceiling this year is the Sugar Bowl, so whatever.

To recap: LSU and Bama to the National Championship and Georgia to the Sugar.  Boom.  S-E-C!  S-E-C!  S-E-C!  (It really is annoying, isn’t it.)