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.

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The End of Tulsa Jam

The Tulsa Sound is defined in large part by the work of its two principal pillars, J.J. Cale and Leon Russell. Cale passed three years ago, and, on Sunday, Russell too returned to the eternal dust bowl:

Russell, known as “The Master of Space and Time,” was a master of the blues, country, rock, gospel — whatever styles of music were put in front of him and whatever he could pull from his creative mind. With dozens of albums, hundreds of songs recorded by musicians at the top of their game and thousands of contributions to recordings from The Beach Boys to J.J. Cale, Russell’s influence on music in the last 50 years has been profound.

In 1969, Russell performed in the Delaney & Bonnie and Friends band, with several members of the band coming on with Joe Cocker for the Mad Dogs and Englishmen recordings and iconic tour. That tour put a spotlight on fellow Tulsa musicians, with Jim Keltner and Blackwell on drums and Carl Radle on bass performing on the tour and on the album.

Russell launched his solo career with the release of his self-titled album in 1970, an album that included one of his best-known songs, “A Song for You.”

Russell moved back to Tulsa in the early 1970s to establish Shelter Records and build recording studios in Tulsa and near Grand Lake. A memorial to Russell grew throughout the day Sunday on the steps of his old Tulsa studio, The Church Studio on Third Street, which the city renamed Leon Russell Road in 2010.

His solo career produced multiple hit albums and songs, including “A Song for You,” “Tight Rope,” “Stranger in a Strange Land” and “Lady Blue.” His work spanned genres from the rock sounds of his self-titled 1970 album to the honky-tonk of “Hank Wilson’s Back,” incorporating blues, gospel and soul across his albums.

“He played and recorded with the heavyweights of country music — George Jones and Willie Nelson — and of course rock ‘n’ roll royalty — George Harrison and Eric Clapton,” said Jeff Moore, director of the forthcoming Oklahoma Museum of Popular Culture, to which Russell donated a large part of his work for future display.

Relix adds this note from Russell’s appearance at the 2015 Lockn’ Festival:

But when it came down to brass tacks, he was straight business—playing and singing with all his might, giving tips to the musicians, beaming with joy as Derek [Trucks] ripped a solo or Susan [Tedeschi] wailed on the mic, and even leading the troupe through some surreal improvised jams. He was fully engaged with everyone in that rehearsal room, even though it must’ve been an overwhelming experience for him (he was working with dozens of people he hadn’t seen in over 45 years). He was like the elder statesman of the experience and treated everyone with love, respect and humility, which ultimately guided that massive collective to deliver one of the finest and most memorable shows any of us had ever seen or any of the musicians had been a part of.

Enough chatter. I’ve featured the exact same take of this first jam in this space before, but its opening makes it too perfect to omit this time around:

Russell also played a featured role in Ravi Shankar and George Harrison’s Concert for Bangladesh, and this spotlight medley is a highlight of the night:

I’m not sure what’s going to happen now to the Tulsa Sound and scene without these two, and I’m hardly in a position to say, but I know that they made something special, authentic, and perfectly delivered. We don’t deserve more, and we probably don’t even deserve that.

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Previously
J.J. Jam
Stranger in Town Jam

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

The World Series is here and the ALDLAND Podcast is here to talk about it. Boston . . . St. Louis . . . playing baseball. What more could you want? College football, of course, and there’s plenty of that as your favorite cohosts preview all the interesting week 9 matchups.

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

ALDLAND Podcast

Baseball is back for a second straight week as Marcus and I react to the division series in both the American and National Leagues. Elsewhere, Jadaveon Clowney fails to escape the wrath of ALDLAND as we discuss his numerous “injuries”. Finally, picks and predictions for this week in college football.

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

Tuesday Afternoon Inside Linebacker

fairleyALDLAND’s weekly football roundup is back, taking a look at all the highs and lows of the latest round of football action.

College Football

Pregame:

  • In anticipation of the LSU-UGA game, a secret-recipe cheesy bean dip was made. So much was made, in fact, that it lasted much longer than the game, although not quite as long as Georgia coach Mark Richt spent kissing his wife following a win over Kentucky.

The games:

  • LSU-Georgia was a thriller. Georgia continues to lose important players to injury, but it doesn’t seem to slow them down. This week, star running back Todd Gurley sprained his ankle in the second quarter, but backup Keith Marshall filled in and had a career day. In the end, the Dwags outgunned the Tigers 44-41 and are in the driver’s seat on the road to the SEC championship game in Atlanta.
  • I also thought Ole Miss-Alabama would be a good game, but it was not. The Rebels limited Alabama’s scoring early, but they were unable to do any scoring of their own, which is an easy-bake recipe for a loss. Ole Miss 0, Alabama 25.     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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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

College football bowl schedule released

https://i2.wp.com/2.bp.blogspot.com/-ywpTJQBmo0A/TpxBEf7MsuI/AAAAAAAABcE/PUN9KPePxPk/s1600/bowlgames.jpg

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

Twitcruiting, or, Oklahoma Has The Internet Now

Jay Norvell is a co-offensive coordinator and wide receivers coach for the University of Oklahoma. Ricky Seals-Jones is a four-star recruit who is expected to commit to the University of Texas tomorrow.

I saw the above in the @ALDLANDia twitter feed a few moments ago. Assuming it was real, it since has been deleted. Further assuming it was real, it strikes me as all kinds of problematic.

As I’m writing this, SB Nation confirms that the above tweet was real and that Seals-Jones wasn’t the only recruit to receive such a message.

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.)