Category: Sports

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When In Doubt, Seek a Buyout: Indiana’s Solution to the Kelvin Sampson Dilemma

I.    Introduction

Parting ways with a college coach accused of violating National
Collegiate Athletic Association (NCAA) rules has become a delicate
process.  On February 8th, the NCAA notified Indiana University that
its men's basketball coach, Kelvin Sampson, had allegedly committed
five "major" NCAA rule violations.[1]  After more than a week of
speculation surrounding Sampson's future at Indiana, the school
negotiated a settlement to terminate its relationship with the
second-year coach.[2]  In exchange for a $750,000 buyout, Sampson
resigned and agreed not to pursue any legal action against the
university.[3]

On its face, the buyout seems generous for a coach who conceivably
could have been fired outright for cause.  Sampson, who was already
under NCAA sanction for prior infractions, had a clause in his contract
that allowed Indiana to terminate him for "significant or repetitive
violations."[4]  Nevertheless, Indiana was in a difficult position. 
Firing Sampson prior to NCAA hearings on

… Read the rest
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College Football Coaching Carousel

I. Introduction

Both the National Football League (“NFL”) and the National
Collegiate Athletic Association (“NCAA”) have endured their fair share of high
profile coaching defections either from one university to another, university
to professional franchise, or professional franchise to university.[1] Among the high profile coaches who have
abandoned their respective clubs under contract are Nick Saban, formerly of the
Miami Dolphins and currently with the University of Alabama, Bobby Petrino,
head football coach at Arkansas via the Atlanta Falcons, and Rich Rodriguez,
the freshly minted coach at the University of Michigan.[2] The defections by Saban and Petrino received
a fair amount of attention. However, the
Rich Rodriguez situation may be enough to scare other high profile coaches from
jumping ship too soon.

II.  Background

Nick Saban led the LSU Tigers to a BCS National Championship
in 2004.[3] He then left LSU for the NFL to coach the… Read the rest

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Basketball in Brooklyn: Taking it to the . . . Courts?

Recent news concerning the NBA's New Jersey Nets imminent move to
Brooklyn has met with protest from residents of the neighborhood where
the proposed arena is to be built.  In particular, a community group
composed of neighborhood organizations and individuals who live near
the proposed development site called Develop Don't Destroy Brooklyn is
leading the court battle against the proposed Barclays Arena and
Atlantic Yards development that would bring new life to the open-air
storage facility for buses and rail cars, but will also require the
destruction of currently occupied residential and commercial spaces. 
[1]  The Atlantic Yards development is a $4 billion, eight million
square feet project spanning 22 acres along Brooklyn's Atlantic Avenue
which includes a basketball arena for the New Jersey Nets' move to
Brooklyn, office buildings, thousands of apartments and condominiums (a
significant portion of which will be "affordable" as opposed to market
priced), as well … Read the rest

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Sonic Boom or Bust: Franchise Relocation in the NBA

I.  Introduction

The
emergence of today’s state-of-the-art basketball arena has National
Basketball Association (“NBA”) team owners holding cities hostage. Team
owners seek public funding for these stadiums, and if the city refuses
to provide the funding, there are always smaller markets without
professional franchises willing to pony up. [1] The most recent example involves the Seattle Supersonics. The Sonics have called Seattle home for forty years. [2] Their
future in the Emerald City appears bleak as the current owner, Oklahoma
City businessman Clay Bennett, plans to relocate the team to Oklahoma
City unless a deal to construct a new arena is agreed upon. [3] The City of Seattle, reluctant to provide funding for a new arena, has sought to keep Bennett from relocating. [4]

II. Legal Issue

The Sonics are currently under a commercial lease with Key Arena through the 2009-2010 season. [5] Rather
than stay through the lease, Bennett is attempting … Read the rest

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The Legal Attack on Fantasy Sports

In the last thirty years, fantasy sports
have evolved from a little known hobby into a $1.5 billion
industry.[1]  While historical accounts differ, CNN claims that the
first fantasy league began in 1980 and involved the use of baseball
statistics.[2]  Fantasy sports grew drastically during the 1990s, as internet technology gave rise to services that could conduct quick
statistical updates and provide fantasy managers with up-to-the-minute league
scores and standings.[3]  By 2005, there were more than 12.6 million
Americans competing in fantasy sports leagues, spending nearly $500 per
player.[4]  The rapid growth of the fantasy sports industry has spurred
litigation that threatens viability of the industry as a whole.  In this article, I will discuss a recent case in which a
federal court was asked to declare fantasy sports to be a form of
illegal gambling.

The legality of fantasy sports came under direct attack in a 2007 case before … Read the rest

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Chicago 2016: Let The Civic Battles Begin

When the United States Olympic Committee
(USOC) announced that Chicago would be the country's bid city for the 2016
Olympic Games, Chicago's political and business leaders rejoiced in
their joint victory.[1]  Nearly a year after Chicago Mayor Richard
Daley formed the Olympic exploratory committee, and nine months after
being named one of the U.S. finalists, the USOC threw its support
behind the city that has quickly achieved front-runner status in
international phase of the selection process.[2]  Like most sporting
events, the modern day Olympic Games are big business.  As such, Daley
and Chicago 2016 Chairman Patrick Ryan created a
comprehensive bid detailing the financial and logistical components of
a potential Chicago Olympics.[3]  Yet, while public support of
Chicago's bid remains high, some community groups are voicing
opposition to elements of the plan.[4]  Specifically, political (and
potential legal) clashes are being waged concerning the proposed use of
public funds, public land, … Read the rest

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Veto Power In The Sale Of The Cubs

The Tribune Company’s opening day
announcement that it would divest itself of the Chicago Cubs began the
process of what could be the most scrutinized sale of a professional
sports team in history.  While the prospect of a change in ownership
has been the subject of speculation ever since the team’s off-season
spending spree and the parent company’s decision to put itself up for
sale, the news that one of Major League Baseball’s (MLB's) marquis
franchises would change hands by early 2008 made waves throughout
sports and business communities.[1]  Forbes Magazine estimates the
value of the Cubs to be $592 million, a substantial appreciation from
the $21 million the Tribune Company paid for the team in 1981.[2]  As
further enticement to potential investors, the sale will also include Wrigley Field and the team’s twenty-five percent stake in the
Comcast sports channel in Chicago.[3]  To date, much of the attention
has … Read the rest

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The Application of EU Competition Law to Professional Soccer: Should the EU Regulate Professional Soccer? (Part II)

As one of the primary aims of the EU has been to establish a common market and foster competition, and as soccer has increasingly become a large economic enterprise, the EU's regulation of soccer is simply not surprising.  Legal scrutiny of sports rules and regulations has grown as the EU has expanded its involvement in the regulation of Member States.  The realm of professional soccer has perhaps been the most publicized and hotly debated area of sports in the EU.  What was once thought to be immune from the scrutiny and regulation of EU institutions such as the European Council, the Commission, and the ECJ, is no longer afforded such protection.  That is, the governing bodies of professional soccer can no longer rely on the past deference afforded to them.  A brief discussion of the inherent purposes of the EU helps explain why this is so.

II. Should the EU

… Read the rest
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Don’t Franchise Me! The NFL’s Emerging Dilemma

I. Introduction

This past National Football League ("NFL") off-season, four Pro
Bowl-caliber defenders were eligible for free agency in some form. [1] 
Two received contracts that guaranteed approximately $20 million each,
while the other two agreed to contracts that guaranteed less than half
this amount. [2]  The four defenders were linebackers – Adalius Thomas
and Lance Briggs and corner backs – Nate Clements and Asante Samuel.
[3] All of them hoped to sign lucrative contracts with a significant
portion of that contract guaranteed.  While Clements and Thomas cashed
in, Briggs and Samuel were not as lucky – they were designated with the
franchise tag. [4]  Accordingly, Samuel and Briggs threatened to
hold-out until deep into the season to voice their disgust with the
stigma of franchise designation. [5]  By holding out, a player refuses
to take the field until his contract situation is remedied. [6]  In
light of this summer's … Read the rest

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The Application of EU Competition Law to Professional Soccer: The Impetus for EU Involvement (Part I)

This installment focuses on Part I of the article: The impetus of European Union (EU) involvement in professional soccer. The following sections discuss two important aspects of the issue.  First, a description of the organization of professional soccer in Europe will be provided.  Second, readers will be introduced to the Bosman case, which signified the beginning of the EU's interest in the regulation of professional soccer in Europe.

I. The Impetus for EU Involvement in Professional Soccer

a. The Organization of Professional Soccer

Organized soccer is played by teams which belong to national associations; each Member State has a single association which is responsible for organized soccer at the national level. [1]  The national associations in Europe are members of the Union of European Football Associations (UEFA). [2]  UEFA is the European arm of the Federation Internationale de Football Association (FIFA), which is the worldwide governing body of soccer. [3] 

… Read the rest