Sports Law Roundup – 1/13/2017

aslr

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.

Analyzing college football coaches’ favorite musical artists

bruce-springsteen-slide-super-bowl-halftime-show

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

College football wrapup: 2014-15

The 2014 college football season is in the books, and Ohio State is the first school to win a national championship determined by a postseason playoff system.

Beyond the usual discussion of champions and coaching legacies (quickly: Urban Meyer– three national championships at two different schools, evil; Nick Saban– four national championships at two different schools, merely soulless), one of the central season-in-review topics of conversation, at least in these parts, is whether the SEC is over. Surprisingly but also not surprisingly, Paul Finebaum, voice of the SEC, answers the question implied in the previous sentence in the affirmative. (UPDATE: PFT Commenter emphatically concurs.) Although he’s been developing his position over the course of his daily radio show since roughly the first of the year, he summed up the general point in his appearance on Keith Olbermann’s show just before the national championship game:

In short: “It was a pretty bad year for the SEC.”

Although I contemplated the notion of Peak SEC at least as early as December 2012 and later pegged the possible date somewhat more recently, I’m not sure I agree that the SEC is over.

The SEC’s bowl record was 7-5. (They were 7-3 last year.) The Pacific Twelve was 6-2 (exclusive of Oregon’s national championship loss), the Big Ten was 5-5 (exclusive of Ohio State’s national championship win), the Big XII was 2-5, and the ACC was 4-7. In other words, among the power five conferences, the SEC had the most teams playing in bowl games and notched the second-best winning percentage.

What seems to concern Finebaum, though, is a sudden lack of championships. That people think the SEC is done for because one of its members hasn’t played for a national championship in a whole year and hasn’t won one in a whole two years is a testament to the never-before-seen degree of dominance the conference produced during the BCS era. Prior to Ohio State’s inaugural CFP championship on Monday, the Big Ten had 1.5 national championships since 1970. The SEC had nine in the BCS era (i.e., since 1998) alone. The ACC had two BCS championships, the ACC had two, the (now-defunct for football purposes) Big East had one, and the then-Pac Ten had one, since vacated.

After the hunt for Mississippi October turned up empty and OSU knocked Alabama out in the semis, the SEC may need to do a little more to earn its seeds next year, but I’m not sure we can say the conference is measurably weaker simply because it failed to produce a national champion this year. If anything, the above suggests the conference is as deep as ever.

_____________________________________________________

Transitioning toward the offseason and the 2015 season, I’ll use this space to remind everyone that Michigan State’s only losses in 2014 were to Ohio State and Oregon. The Spartans face both teams again in 2015, albeit without the aid of their departed defensive coordinator, Pat Narduzzi. Continue reading

The BCS is dead they say: Long live the BCS

cfp

When the BCS died a year ago, I wrote an introduction to the College Football Playoff that, in essence, contended that we were going to miss the BCS:

With the College Football Playoff ©, we will have one thing we asked for and one thing we did not. A semifinal playoff round will precede, and determine the participants in, the national championship game. That is good, and it was a structural shortcoming of the BCS. For some reason, though, the College Football Playoff © scrapped the BCS’s rankings system in favor of a Byzantine (Soviet? Orwellian?) black box: the PolitburoSelection Committee.

Participating in the BCS is like paying your income taxes: there’s a lot of math and fine print involved, you probably can’t quite find all of the information you need to calculate the precisely correct result, and there’s that guy down the block who hollers that the thing’s unconstitutional, but you generally have a pretty good idea of your expected outcome.

On the other hand, the new playoff’s Selection Committee recalls the Supreme Court: members deliberate behind closed doors, apply any criteria of their choosing in reaching decisions, and announce those decisions under their own terms.

On Sunday, the Selection Committee spoke for the last time in its inaugural season to announce the four playoff participants: Alabama, Oregon, Florida State, and Ohio State. Two days later, everyone outside of Texas generally seems to agree that this is the right result.

The only reason the results were or remain controversial has to do with what the Selection Committee did prior to Sunday. Their flipping and flopping of TCU, with seemingly connected treatments of Baylor and Minnesota, was the genesis of the confusion, surprise, and, in Fort Worth and Waco, disappointment, that arrived with the final playoff announcement. On one hand, those confused, surprised, and disappointed feelings were unwarranted: the Committee reached the correct result. On the other hand, however, they were unnecessary and likely would not have arisen absent the lack of transparency that now characterizes the college football ranking process.

If the BCS could speak from the grave, what would it say about the CFP Selection Committee’s final result? The answer, Continue reading

ALDLAND Podcast

One week of college football down, not enough weeks of college football left to go. Your two favorite podcast hosts discuss some of the big games from last week as well as what’s on tap for week two. We also attempt to figure out some of the mysteries of soccer’s transfer window, but not before taking shots at the frequency with which soccer players fall victim to injury.

_______________________________

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!

_______________________________

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

TCU to join Big XII

ESPN Dallas/Fort Worth reports:

TCU trustees are scheduled to meet on Monday and are expected to accept the Big 12’s invitation to join the conference, sources confirmed Sunday.

An announcement could come as early as Monday evening.

The Big 12 extended TCU an invitation on Thursday and said it would begin discussions with the university immediately. TCU chancellor Victor Boschini Jr. issued a statement on Thursday about the situation.

“These discussions with the Big 12 have huge implications for TCU,” the statement said. “It will allow us to return to old rivalries, something our fans and others have been advocating for many years. As always, we must consider what’s best for TCU and our student-athletes in this ever-changing landscape of collegiate athletics. We look forward to continuing these discussions with the Big 12.”

A move to the Big 12 allows TCU to rekindle some of the rivalries it had for so long in the Southwest Conference, which disbanded in 1996.

TCU, the defending Rose Bowl champion, agreed earlier this year to leave the Mountain West Conference for the Big East, which has an automatic BCS berth.

A source told ESPNDallas.com last week that TCU would have to pay a $5 million exit fee to leave the Big East, but would be able to join the Big 12 in time for the 2012-13 athletic year.

What? You thought the Big XII was collapsing? Over and done with? Maybe. But the Big East is going down first, as reported here a month ago. Texas Christian’s decision to get itself into a BCS conference at all costs made sense two years ago, but now, the Big East is done, and TCU’s football team isn’t as good. (That’s a perspective that shows how fast this landscape really is changing, even if it appears incremental on a day-to-day basis.) The Big XII, fearing it’s next to dissolve, had to take TCU to keep something resembling a critical mass and, conveniently, replace one departing Texas team with another. And of course, TCU still thinks it belongs in a BCS conference. Million-dollar musical chairs.