Wednesday, April 4, 2012

Lindsey McDaniel on "NBA: Mirror Image of Summer Youth Basketball Programs"

Several years ago on Sports Law Blog, I debated Lindsey McDaniel, an educator, learning designer and basketball coach in Georgia, about the NBA's age limit and dress code (in short, I opposed them, he supported them).  Lindsey has written the following essay, in which he argues, among other points, that basketball players should spend more time in college and that parents have become far too focused on unrealistic basketball dreams for their children.  Here is the essay:

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NBA: Mirror Image of Summer Youth Basketball Programs

The NBA was once a league of professional basketball players who possessed extraordinary skills. The players were considered the elite of the world due to a combination of athleticism, high basketball IQ, and a strategic mindset which far exceeded others who played the game for fun. The followers and fans of the game ranged from the executives in the boardroom to those who stood outside praying for a ticket to sit courtside. The child’s game in which Dr. Naismith created was perfected into an artistic expression of competition, where the individuals worked diligently to better their game, in order to be amongst the elite who played in the NBA. However, somewhere over time, the NBA took a turn for the worse when the opportunity to earn a substantial amount of money began to overshadow the ability to play a child’s game for fun and competition.

In the year 2004 the USA Olympic team which was comprised of players from the NBA, returned home with the Bronze Medal. In 1992, the first Olympic team with NBA players finished a rout of the Olympics, and brought home the Gold Medal with relative ease. The departure of those great players from the 1992 team has left a league which is in constant deterioration. The talented, skilled, and high basketball IQ players are outnumbered today by the money driven, selfish (THE DECISION), one on one, low basketball IQ, and all about me players. The debacle at the Olympics in 2004 was chalked up to as the rest of the world is catching up with the USA in regards to basketball talent. My thoughts on this are, the rest of the world is not catching up, but instead USA basketball is falling behind. The international game of basketball continues to appreciate the game the way Dr. Naismith intended it to be played. The international game works diligently on fundamentals, and strives to take one of the 400 spots at the NBA level. Therefore, it is not a coincidence when more and more international players are being drafted in the first round. It is not a coincidence that the champions of the NBA have at least one international player making a significant impact on their respective teams. However, home for the NBA is right here in the land of opportunity, the good old USA, and the talent pool is still primarily drawn from home grown soil. We have kids who are being sold false-dreams and convinced to enter the NBA draft, when they don’t have the strategic mindset or the mental capability to play at such a high level. However, he can perform a majestic dunk of a basketball, but don’t dare ask him to spell majestic in the interview after the game. So many can and would benefit from attending college a few more years, if they had their priorities in order, but how can you expect them to have their priorities in order when their parents are already shopping for their new Escalade.

One may not believe it, but at one time there was respect in this beautiful game. However, the potential to earn millions of dollars has spread like cancer, and is causing some coaches, parents, players from the professional level down to the grade school level to make some decisions which are borderline unethical. It is quite obvious there are some collegiate basketball programs which are now considered “one and done universities”, and there campus is only a pit-stop before the NBA draft. Therefore, since the draft is a few months away, why not pretend to attend some classes, and play some pick-up ball called March Madness. A downright disgrace and slap in the face to the programs who promote student-athletes first. Meanwhile the players at the amateur level are being groomed as early as 9 years old in summer basketball programs, which will ultimately form a loyalty allegiance as they get older; thus leading to a kid with superior talent either attending a school out of district or even out of state, as the super-teams are aligned. So why should this even matter, because the only sufferers are the high schools and districts where these students should have attended, if things were done ethically correct.

I realize that many probably want to blame the coaches at the amateur level, but in actuality the real blame should be placed on those parents who want to live their dream through their children, the same parents who see their child as a winning lottery ticket. Meanwhile they are easily convinced by these amateur coaches that their child is the next Michael Jordan, and focusing on basketball should be their number one priority. Some of these parents buy so easily into this grand scheme that they are willing to forfeit a year of their child’s education by having their child repeat a grade, so their athletic ability will far exceed the other kids they play against. Then there are the parents who have a child with average athletic ability, but the mere thought of being asked to play for an elite summer league basketball program is an honor. The coaches wow them with the mention of traveling across the United States, nice uniform, shoes, and a gym bag. Then they are told they will receive all of this for $1000 or more in some organizations. However, what they fail to realize is that the top players on these summer league basketball programs, they don’t have to pay. The coaches need them, therefore they are granted what the coaches call “scholarships”. So the question is; who is paying for those “scholarships”? The parents of the average athletic ability players foot the bill without even knowing it. Then again some of them do know it, but they could care less because their child is with an elite summer league basketball program.

As you see the NBA is becoming a mirror image of those Summer Youth Basketball Programs, so I fail to see why it is necessary to pay top-dollar at an NBA arena, when I can visit the local gym or park. If you look closely, the board executives aren’t courtside like they use to be, because you can rent And-1 mixed tapes and easily watch from the comfort of your home, at a minimal cost.

The opinion expressed in this my article is solely mine alone. (for now)

Regards,
Mr. Lindsey H. McDaniel III

Tuesday, April 3, 2012

Freakonomics and cheering speech

Interesting Freakonomics Podcast (beginning at 28:00) from a few weeks ago, discussing booing at sporting events, art, and politics. It had some interesting tidbits that I can use when I return to writing on the subject.

One is that the Colonies brought over from England the concept of "audience sovereignty," which vested in the audience the right to boo and jeer political speakers--precisely what Alexander Meiklejohn eliminated from his theory of the freedom of speech. The second is the story of Johnnie LeMaster, a light-hitting shortstop for the San Francisco Giants. In 1979, LeMaster made some comments opposed to gay rights, causing fans to boo him continuouslys. After several wrrks LeMaster had a jersey made up with "Boo" on the back and wore it for a game, which immediately won fans over. And third is an interview with former Pennsylvania Governor and Philadelphia Mayor Ed Rendell, who talked about booing, especially when politics intervenes in sports.

Tim Tebow and Reviewing Contracts

With Tim Tebow now officially a Jet, I wanted to initiate my blogging by addressing a simple but important point. 

According to reports, the trade of Tebow to the Jets hit a snag because of language in his contract relating to the payment of salary advances.  Eventually the Broncos and Jets resolved whatever issue there might have been, reportedly by splitting the $4 million plus at issue.  Mike Tannenbaum the general manager of the Jets, himself is a lawyer and the Jets have high-quality legal talent that they turn to for contractual and other legal issues, so I have no doubt that they handled this situation properly and there were in fact no surprises to Tebow's contract. 

The issue that this situation highlighted for me is the importance of involving lawyers early on in an contractual review process, or other legal matter, when they can provide the advice that will set the transaction on the right course and avoid problems down the road.  Without legal advice at an early stage, transactions can get off track and by the time lawyers are asked to get involved, the task of fixing the problem is often a more time-consuming and expensive one than had the lawyer been involved from the outset.  This is as true in the sports context as any other.

New Sports Law Blog Contributor: Brian Socolow

We're thrilled that sports attorney Brian Socolow will be blogging for us.

Brian is chair of the sports practice at the national law firm of Loeb & Loeb LLP.  His practice includes the representation of individuals and organizations in the sports industry in a wide range of legal matters, including intellectual property and technology issues, television and media agreements, the  purchase and sale of assets, risk management and litigation.  He represents companies such as The Burton Corporation and Hillerich & Bradsby, promoters of sporting events, and others involved in the industry.

Brian is a frequent lecturer and contributor to publications on topics ranging from intellectual property to sports marketing and has been named a New York Super Lawyer for Sports and Entertainment 2009-2012.  He's a graduate of the University of Virginia School of Law and Yale University.

Great to have him on board.

Pay For Play: NCAA Athletics as Opportunity or Exploitation?

The West Virginia University College of Law Sports & Entertainment Law Society is proud to present a panel presentation entitled "Pay for Play: NCAA Athletics as Opportunity or Exploitation?" on Wednesday, April 4, 2012, at 12 noon in the Marlyn Lugar Courtroom, in beautiful Morgantown, West Virginia.



The event is free and open to the general public. The panel features Ramogi Huma (President, National College Player's Association), Mike Parsons (Deputy Athletic Director, West Virginia University), Dan Fulks (Professor at Translyvania University and NCAA Research Consultant), and andré douglas pond cummings (Professor of Law, West Virginia University College of Law).

Monday, April 2, 2012

New Sports Law Scholarship

Recently published scholarship includes:


Craig D. Alfred, Comment, The illusion of amateurism: a climate of tortious interference in the world of amateur sports, 86 TULANE LAW REVIEW 465 (2011)

Joanna Shepherd Bailey & George B. Shepherd, Baseball’s accidental racism: the draft, African-American players, and the law, 44 CONNECTICUT LAW REVIEW 197 (2011)

Jonathan D. Bateman, When the numbers don’t add up: oversigning in college football, 22 MARQUETTE SPORTS LAW REVIEW 7 (2011)

Mitchell N. Berman, “Let ‘em play”: a study in the jurisprudence of sport, 99 GEORGETOWN LAW JOURNAL 1325 (2011)

Mitchell N. Berman, Replay, 99 CALIFORNIA LAW REVIEW 1683 (2011)

Simon Bernstein, Note, Salary caps in professional sports: closing the Kovalchuk loophole in National Hockey League player contracts, 29 CARDOZO ARTS & ENTERTAINMENT LAW JOURNAL 375 (2011)

Deanna Brock, Note, BCS Europa: an analysis of the Bowl Championship Series under the European Commission White Paper on Sport, 39 GEORGIA JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 303 (2011)

Ariel Y. Bublick, Note, Are you ready for some football?: how antitrust laws can be used to break up DirecTV’s exclusive right to telecast NFL’s Sunday Ticket Package, 64 FEDERAL COMMUNICATION LAW JOURNAL 223 (2011)

Debra D. Burke & Angela J. Grube, The NCAA Letter of Intent: a voidable agreement for minors?, 81 MISSISSIPPI LAW JOURNAL 265 (2011)


Timothy J. Bucher, Comment, Inside the huddle: analyzing the mediation efforts in the NFL’s Brady settlement and its effectiveness for future professional sports disputes, 22 MARQUETTE SPORTS LAW REVIEW 211 (2011)

Scott Bukstein, A new solution for salary disputes: implementing salary arbitration in the National Basketball Association, 22 MARQUETTE SPORTS LAW REVIEW 25 (2011)

John Cates, Note, Making the game beautiful again: lessons from Brazil provide a roadmap for rebuilding soccer in Nigeria, 39 GEORGIA JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 365 (2011)

Peter Charlish, The biological passport: closing the net on doping, 22 MARQUETTE SPORTS LAW REVIEW 61 (2011)

Leah M. Chamberlin, Note, Student athletes and the deprivation of rights of privacy and publicity—are fantasy sports leagues infringing upon the rights of college athletes? If so, what constitutes a viable solution?, 88 UNIVERSITY OF DETROIT MERCY LAW REVIEW 555 (2011)

Natalie L. St. Cyr. Clarke, Note, The beauty and the beast: taming the ugly side of the people’s game, 17 COLUMBIA JOURNAL OF EUROPEAN LAW 601 (2011)

Jennifer Ann Cleary, Note, A need to align the modern Games with the modern times: the International Olympic Committee’s commitment to fairness, equality, and sex discrimination, 61 CASE WESTERN RESERVE LAW REVIEW 1285 (2011)

Michael A. Corgan, Comment, Permitting student-athletes to accept endorsement deals: a solution to the financial corruption of college athletics created by unethical sports agents and the NCAA’s revenue-generating scheme, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 371 (2012)

Shawn M. Crincoli, You can only race if you can’t win? The curious case of Oscar Pistorius & Caster Semenya, 12 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 133 (2011)

Ross E. Davies, The law firm and the League: the legal and electronic connections between Morgan, Lewis & Bockius LLP and Major League Baseball, 12 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 215 (2011)

Michael R. Daum, Intelligent defense: a call for federal regulation of mixed martial arts, 21 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 247 (2011)

Jérôme de Montmollin & Dmitry A. Pentsov, Do athletes really have the right to a fair trial in “non-analytical positive” doping cases?, 22 AMERICAN REVIEW OF INTERNATIONAL ARBITRATION 187 (2011)

Nicole M. DeMuro, Comment, Reestablishing the role of arbitration in labor law: avoiding the perils of Williams with the rationale of Pyett, 21 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 467 (2011)

David D’Orlando, Comment, 6+5 = discrimination? Why FIFA’s proposed quota rule doesn’t add up, 115 PENN STATE LAW REVIEW 749 (2011)

Chris Deubert, Glenn Wong & John Howe, All Four Quarters: A Retrospective and Analysis of the 2011 Collective Bargaining Process and Agreement in the National Football League, 19 UCLA ENTERTAINMENT LAW REVIEW 1 (2012)

Chris Deubert, Putting Shoulder Pads on Schleck: How the Business of Professional Cycling Could Be Improved Through a More American Structure, 37 BROOKLYN JOURNAL OF INTERNATIONAL LAW 65 (2011)


Christian Dennie, Changing the game: the litigation that may be the catalyst for change in intercollegiate athletics, 62 SYRACUSE LAW REVIEW 15 (2012)

Dana A. Gittleman, Casenote, Home field advantage: determining the appropriate "turf” for Williams v. National Football League and clarifying preemption precedent, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 203 (2012)

Zachary Golden, Note, Is this heaven? No, it’s I.O.U.: why Major League Baseball must modify its current revenue-sharing and luxury-tax procedures, 45 SUFFOLK UNIVERSITY LAW REVIEW 125 (2011)

Martin J. Greenberg & Dennis Hughes, Jr., Sports.comm: it takes a village to build a sports facility, 22 MARQUETTE SPORTS LAW REVIEW 91 (2011)

Justin P. Grose, Comment, Time to bury the tomahawk chop: an attempt to reconcile the differing viewpoints of Native Americans and sports fans, 35 AMERICAN INDIAN LAW REVIEW 695 (2010-2011)

Nicholas Hailey, Note, A false start in the race against doping in sport: concerns with cycling’s biological passport, 61 DUKE LAW JOURNAL 393 (2011)

Elise M. Harris, Book Note, Reviewing Roger I. Abrams, Sports Justice: The Law and Business of Sports, 22 MARQUETTE SPORTS LAW REVIEW 309 (2011)

Todd Henderson, Note, The English Premier League’s Home Grown Player rule under the law of the European Union, 37 BROOKLYN JOURNAL OF INTERNATIONAL LAW 259 (2011)

William D. Holthaus,, Jr., Note, Ed O’Bannon v. NCAA: do former NCAA athletes have a case against the NCAA for its use of their likenesses?, 55 ST. LOUIS UNIVERSITY LAW JOURNAL 369 (2010)

Katherine Kaso-Howard, Comment, American Needle, Inc. v. National Football League: Justice Stevens’ last twinkling of an eye, 44 LOYOLA LOS ANGELES LAW REVIEW 1163 (2011)

Kelli Amanda Metzger Knerr, Comment, Beanballs and baseball: private remedies vs. criminal sanctions for violence in baseball, 115 PENN STATE LAW REVIEW 727 (2011)

Trevor Levine, Note, Two worlds collide: salary arbitration for NHL players in the salary cap era, 26 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 729 (2011)

Johan Lindholm, The problem with salary caps under European Union law: the case against financial fair play, 12 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 189 (2011)

Jami A. Maul, Comment, America’s favorite “nonprofits”: taxation of the National Football League and sports organizations, 80 UMKC LAW REVIEW 199 (2011)

Eric Meer, Note, The Professional and Amateur Sports Protection Act (PASPA): a bad bet for the states, 2 UNLV GAMING LAW JOURNAL 281 (2011)

Michelle L. Modery, Comment, Injury time-out: justifying workers’ compensation awards to retired athletes with concussion-caused dementia, 84 TEMPLE LAW REVIEW 247 (2011)

John M. Newman, Note, Raising the bar and the public interest: on prior restraints, “traditional contours,” and constitutionalizing preliminary injunctions in copyright law, 10 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 323 (2011)

Kimberly Nakamaru, Note, Mining for Manny: electronic search and seizure in the aftermath of United States v. Comprehensive Drug Testing, Inc., 44 LOYOLA LAW LAW REVIEW 771 (2011)

Logan O’Shaughnessy, After review: an open letter to NFL Commissioner Roger Goodell suggesting that limiting the League’s disciplinary power under the personal conduct policy may be in the League’s best interests, 88 UNIVERSITY OF DETROIT MERCY LAW REVIEW 527 (2011)

Sarah A. Padove, Comment, Topps gets exclusive license, leaving Upper Deck on the bench: an analysis of Major League Baseball’s antitrust exemption in the modern era, 22 MARQUETTE SPORTS LAW REVIEW 235 (2011)

Alan Pogroszewski & Kari Smoker, Cross-checking: an overview of the international tax issues for professional hockey players, 22 MARQUETTE SPORTS LAW REVIEW 187-209 (2011)

Nicholas Pompeo, Note, DNA to play: Major League Baseball’s use of DNA testing on Central and South American prospects in the age of the Genetic Information Nondiscrimination Act of 2008, 21 HEALTH MATRIX 627 (2011)

Stephen F. Ross, The Supreme Court’s renewed focus on inefficiently structured joint ventures, 14 UNIVERSITY OF PENNSYLVANIA JOURNAL OF BUSINESS LAW 261 (2011)

Heather R. Quick, Note, Privacy for safety: the NCAA sickle-cell trait testing policy and the potential for future discrimination, 97 IOWA LAW REVIEW 665 (2012)

Ryan Richman, Note, Title IX: the Trojan horse in the struggle for female athletic coaches to attain equal opportunities in intercollegiate sports, 10 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 376 (2011)

Daniel A. Schwartz, Note, Shutting the back door: using American Needle to cure the problem of improper product definition, 110 MICHIGAN LAW REVIEW 295 (2011)

2011 Seton Hall University School of Law Sports and Entertainment Law Symposium: Professional and Ethical Dilemmas Facing Attorneys Representing Entities, Athletes and Entertainers,21 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 381 (2011)

Jennifer V. Sinisi, Casenote, Gender non-conformity as a foundation for sex discrimination: why Title IX may be an appropriate remedy for the NCAA’s transgender student-athletes, 19 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 343 (2012)

Thomas L. Skinner, III, Note, The pendulum swings: Commerce Clause and Tenth Amendment challenges to PASPA, 2 UNLV GAMING LAW JOURNAL 311 (2011)

Ari J. Sliffman, Comment, Unconstitutional hosting of the Super Bowl: anti-ambush marketing clean zones’ violation of the First Amendment, 22 MARQUETTE SPORTS LAW REVIEW 257 (2011)

Bari Solomon, Comment, Friend or foe? The impact of technology on professional sports, 20 COMMLAW CONSPECTUS 253 (2011)

Brad Taconi, Third and extremely long: why the elimination of the BCS seems all but impossible, 4 JOURNAL OF BUSINESS, ENTREPRENEURSHIP & LAW 181 (2010)

Brian D. Tobin, The virtues of common law theories and disclosure requirements in the market for fine art, 21 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 333 (2011)

Joseph P. Trevino, Comment, The WIAA as a state actor: a decade later, Brentwood Academy’s potential effect on Wisconsin interscholastic sports, 22 MARQUETTE SPORTS LAW REVIEW 287 (2011)

Davis Walsh, Note, All a Twitter: social networking, college athletes, and the First Amendment, 20 WILLIAM & MARY BILL OF RIGHTS JOURNAL 619-650 (2011)

Sunday, April 1, 2012

Sidd Finch at 25

Not law-related, but definitely sports related: Today marks the 25th anniversary of Sports Illustrated's publication of The Curious Case of Sidd Finch, a long-form essay by George Plimpton, about a mysterious person in the Mets training camp who had spent much of his life living a spiritual life in the mountains of Tibet and who threw160 mph. It also turned out to be the greatest April Fools joke ever. In fact, the first letter of each word in the sub-head ("He's a pitcher, part yogi and part recluse. Impressively liberated from our opulent life-style, Sidd's deciding about yoga") spells out "Happy April Fools Day").