What is Brewing in Beantown?

Head Coach Claude Julian’s job in Beantown is safe...

...for now.

Meeting with the media on Wednesday morning at the Ristuccia Arena prior to the Bruins taking the ice, General Manager Peter Chiarelli was adamant about the fact that results have to come from the players, coaches, and upper management. A sincere top to bottom effort.

According to Chiarelli, the entire hockey club is responsible for finding a way out of this current 2-7-1 slide that has moved the Bruins from a comfortable position in the standings to merely a point away from the 8th and final playoff spot in the East.

Wasn't this essentially the same roster that dominated the Eastern Conference last year?

The real question Bruins fans have to be wondering is whether this current group is good enough to not only lock up a top eight spot in the Eastern Conference, but finally make a serious run at a Stanley Cup. At this point in the season, it's hard to argue the Bruins really pose a serious threat to the Penguins, Capitals, and Devils teams they would likely have to beat along the way.

On one hand, the Bruins injury woes have been terrible this year. The return of top line superstar center Marc Savard should give the Bruins the lift they desperately need moving forward. He's appeared in only 21 games this season, and his most recent injury, a partial MCL tear in his right knee, will require him to wear a brace. But his presence on and off the ice cannot be discounted.

On the flip side, Savard is not your clutch scorer. He's not the guy who's going to put the team on his shoulders like a Malkin, Crosby, or Ovechkin in the playoffs and mount the comeback on his own. He's a great playmaker, possibly the best in the game right now, but great playmakers need to be paired with dynamic scorers to truly thrive. With this fall's trade of Phil Kessel to the Toronto Maple Leafs, right now that scorer is not on the Bruins roster. It's probably safe to say until they find him, this team will not win a Cup.

With that in mind, how does does Peter Chiarelli approach the next few weeks leading up to the NHL trade deadline? He's drafted exceptionally well and locked up a great core of young talent. The depth of this year's draft crop is outstanding and with the poor season Toronto is having, the picks acquired in the Kessel trade will be very valuable. There may be an opportunity to build a package around those picks to acquire an impact player like Ilya Kovalchuk at the deadline. If that chance arises, does Chiarelli go all in and pull the trigger, or does he hold off and enhance the depth chart of the organization?

This week, the group was starting to look whole again, but it didn't stop Chiarelli, Assistant GM Benning and Vice President Cam Neely from attending practice to evaluate the current group and get a feel for what they are up against a little over a month from now. When the Bruins enter the war room on the morning of March 3rd, they will have a clear understanding of where they stand with regards to post-season play. For now though, they must find ways to collect valuable points before it becomes too late.

The current roster is in place for the 2010-11 season on paper, but on the ice, if they aren't good enough to win the Stanley Cup this season, don't try and fix something that isn't necessarily broken. Peter Chiarelli knows what he has in terms of depth on the big club and assets currently in Providence, but the most important thing is the future of this team. Don't sacrifice for short term solutions, especially if June hockey is not in the fold.

What about Johnny?

There's a free agent leftfielder who hit .282 with 24 home runs and 82 RBI last year.  Some teams have kicked the tires on him, but ultimately no one has been very aggressive in trying to sign him.  Why not?

His team last year considered re-signing him, but not for the length or the money the player's agent wanted.  Over the last three years he hit .285 with an on-base percentage of .364 in addition to 53 home runs and 216 RBI.  Not bad.  The downside? He'll be 36 this year.

I think it's pretty obvious I'm talking about Johnny Damon (especially because of the picture!), a key part of the Yankees' 27th World Series crown.  Scott Boras has wanted a multi-year deal for Damon worth about $12 million a year.  The problem is that no one seems interested in paying that.  In addition to the Yankees, the Braves and Giants had expressed interest in Damon.  With the Giants signings of Mark DeRosa and Bengie Molina, it's likely they're out of the running.  The Yankees have claimed they only have $2 million left to spend, but many experts contend that's still Damon's most likely destination. 

What we're seeing with Damon is part of a larger movement as teams seem to be moving away from older players towards younger, more athletic (and cheaper) players.  We saw it last year with Bobby Abreu signing for one year and $5 million with the Angels.  This year, Hideki Matsui and Vladimir Guerrero signed similarly valued contracts.  Despite the productivity of such older players, teams have started to realize that a decline is inevitable and they aren't offering long-term, expensive deals anymore.  I fully expect Damon to be on someone's roster by spring training and probably for a similar deal.

Fantasy Hockey Pickups: Week 17

Welcome to Week 17 of Fantasy Hockey Pickups. Here are a few players you may want to consider if you are looking to pick someone up for your team.

Forwards

Tim Connolly - C - (BUF): Tim Connolly had 2G, 6A, 2PPP, 11SOG, and was a +1 last week. Overall he has 13G, 34A, 20PPP, 2SHP, 4GWG, 134SOG, and is a +11. Connolly is currently on a 15 game scoring streak and has 24PTS during that span. Connolly is definitely worth some consideration, especially in deeper leagues. He is available in 34% of Yahoo Leagues.

Ryane Clowe - LW - (SJ): Ryan Clowe had 3G, 2A, 9PIM, 1PPP, 8SOG, and was a +4 last week. Overall he has 13G, 23A, 77PIM, 9PPP, 114SOG, and is a +3. Clowe has found himself on the score sheet recently and could add some depth for your team. He is available in 37% of Yahoo Leagues.

Kyle Okposo - RW - (NYI): Kyle Okposo had 1G, 2A, 2PIM, 3PPP, and 15SOG last week. Overall he has 11G, 24A, 20PIM, 17PPP, 4GWG, and 164SOG. Okposo leads the Islanders with 35 points and is the type of player that will find his name on the score sheet on a nightly basis. Okposo is a +/- risk, but does provide numbers for all the other fantasy categories. He is available in 62% of Yahoo Leagues.

Chris Stewart - RW - (COL): Chris Stewart had 2G, 2A, 2PPP, 14SOG, and was a +3 last week. Overall he has 17G, 18A, 48PIM, 8PPP, 115SOG, 3GWG, and is a +9. Stewart leads the Avalanche with 17G and has scored 4G in his last 5 games. Stewart has been a consistent producer so far this year and would be a good addition to any team. He is available in 63% of Yahoo Leagues.

Niklas Hagman - LW - (TOR): Niklas Hagman had 2G, 2A, 1PPP, 11SOG, and was a +3 last week. Overall he has 18G, 13A, 21PIM, 6PPP, 1GWG, and 138SOG. Hagman seems to be turing things around and getting back into the swing of things. Keep an eye on him and if he continues to produce, may be a good pickup. He is available in 76% of Yahoo Leagues.

Matt Duchene - C - (COL): Matt Duchene had 3G, 1A, 2PPP, 13SOG, and was a +2 last week. Overall he has 16G, 18A, 13PPP, 1GWG, and 106SOG. Duchene leads all rookies in scoring with 34 points and is worth a look, especially in deeper leagues. He is available in 78% of Yahoo Leagues.

Jussi Jokinen - LW - (CAR): Jussi Jokinen had 2G, 5A, 4PPP, 1GWG, and was a +2 last week. Overall he has 15G, 22A, 15PPP, and 3GWG. Jokinen has been on fire lately scoring 13 points in his last 8 games. Jokinen is worth a look, especially to fill in for an injured player while on this hot streak. He is available in 81% of Yahoo Leagues.

Antti Miettinen - RW - (MIN): Antti Miettinen had 2G, 2A, 2PIM, 1PPP, and was a +3 last week. Overall he has 13G, 14A, 28PIM, 6PPP, 4GWG, and 108SOG. Miettinen has been able to find himself on the score sheet on a regular basis recently and could be a nice option if he continues to do so. He is available in 95% of Yahoo Leagues.

Defensemen

Rob Blake - D - (SJ): Rob Blake had 2G, 3A, 2PIM, 2PPP, 8SOG, 1GWG, and was a +4 last week. Overall he has 4G, 12A, 32PIM, 5PPP, 108SOG, and is a +8. Blake is currently riding a 5 game point streak could be a good option for an injury right now. He is available in 37% of Yahoo Leagues.

Marc-Andre Bergeron - D - (MON): Marc-Andre Bergeron had 3A, 3PPP, and was a +1 last week. Overall he has 10G, 18A, 20PPP, 4GWG, and 88SOG. Bergeron has continued to find success on the PP and could be a consideration if you need help in that category. He is available in 51% of Yahoo Leagues.

John-Michael Liles - D - (COL): John-Michael Liles had 1G, 4A, 2PIM, 4PPP, 1GWG, and was a +2 last week. Overall he has 4G, 19A, 16PIM, 15PPP, and 1GWG. Liles has had his struggles but looks to be back on track and producing offensively lately. He is available in 55% of Yahoo Leagues.

Anton Stralman - D - (CLS): Anton Stralman had 4A, 4PIM, 4PPP, and 7SOG last week. Overall he has 4G, 21A, 22PIM, and 18PPP. Stralmann sees a lot of time on the PP, which is where most of his value lies. He will give you plenty of assists from the blue-line as well. He is available in 86% of Yahoo Leagues.

Goalies

Brian Elliott - G - (OTT): Brian Elliott had 4W, 1.25GAA, and a .957SV% last week. With Pascal Leclaire still injuried, Elliott will get the starts in net and is currently on fire. He is available in 71% of Yahoo Leagues.

Notable Injuries

David Backes - RW - (STL): Upper Body - DTD as of 1/21.

Dan Boyle - D - (SJ): Upper Body - DTD as of 1/21.

Nathan Horton - RW - (FLA): Fractured Tibia - DTD as of 1/23.

Paul Mara - D - (MTL): Upper Body - DTD as of 1/23.

Sami Salo - D - (VAN): Groin - DTD as of 1/23.

Jakub Voracek - RW - (CLS): Head - DTD as of 1/23.

Good Luck with your match-ups this week!

Sale of Texas Rangers Puts Stars in Kovalchuk Sweepstakes

Over the weekend, an investment group including Texas Rangers great Nolan Ryan came to an agreement to purchase the Rangers baseball club from Texas businessman Tom Hicks. The sale was nearly ten months in the making after the Hicks Sports Group defaulted on a $525 million loan in late March 2009.

Hicks made billions in the 90's and early 2000's through leveraged buyouts, but was hit hard when the economy turned south last year, forcing him to prioritize his holdings which included the Rangers, Dallas Stars, Mesquite Championship Rodeo, and fifty percent of Liverpool FC, the English football club.

Mike Heika at the Dallas Morning News had an insightful theory on why Hicks chose to unload the Texas Rangers, as opposed to other assets like the Dallas Stars:

Tom Hicks got frustrated trying to chase the Yankees, Red Sox and Angels, because the Rangers would have had to increase their payroll by $50 million or more and still had little guarantee of being better than the other teams.

In hockey, the difference between the lowest spending teams and the highest is only about $12 million.

The salary spread in the NHL is a bit higher than Heika indicates, but his argument is rational. Dallas is the second-fastest growing TV market and despite the popularity of the NFL's Cowboys, success by the Rangers, Mavericks, and Stars captures the city's attention. The additional $50 million necessary to compete with the elite in Major League Baseball is more than the entire Dallas Stars payroll this season. It makes complete sense that Hicks would turn his attention to bringing a Stanley Cup back to Big D as quickly as possible. Heika speculated:

The sale is reported to be for "considerably more than $500 million,'' and it may not be completed until April, so my guess is any kind of help for the Stars would come after that...

.....Do you think the Stars could have ever swung the Brad Richards deal without the ability to take on Richards' $7.8 million contract? The Lightning was trying to dump salary, and the Stars were in position to take advantage of that.

As it stands now, they could not make that same deal at the trade deadline.

I have to disagree here. Not only are the Stars in position to make that same deal, they are now in serious contention for one of the NHL's elite young talents.

As the NHL approaches the February 12th Olympic roster freeze, media attention has circled around the future of Russian superstar Ilya Kovalchuk. He is slated to become an Unrestricted Free Agent on July 1 and the Atlanta Thrashers have yet to come to an agreement on an extension for their franchise player.

Since the summer, rumors have circulated that Kovalchuk would be seeking something in excess of $8 million. Under the current CBA, "No player may be eligible to contract for or receive in excess of 20% of the Club's upper limit in total annual compensation." This would put Kovalchuk's max range at just over $11 million. While this type of money would make it very difficult for most NHL teams to afford supplemental impact players, it's even more of a challenge for a Trashers organization that is struggling to fill their arena.

Atlanta is also no stranger to a situation like this. Two seasons ago, star forward Marian Hossa was approaching free agency and GM Don Waddell knew he couldn't afford to resign him. Hossa was dealt along with Pascal Dupuis in a last-minute deal to the Pittsburgh Penguins in exchange for Colby Armstrong, Eric Christensen, Angelo Esposito, and a 1st round pick. The trade amounted to merely a playoff rental for the Penguins when Hossa bolted to Detroit after the season. Given the similar dynamics, fans and journalists have naturally linked Kovalchuk with Cup contenders like Washington, Chicago, Calgary, Boston, and the New York Rangers.

Yet most of these teams don't fit the mold of a trading partner for the Atlanta Thrashers. Hossa is a great player, but Kovalchuk is the kind of player you can build a franchise around. He's a guy that will put fans in the seats and define a team. These are the reasons Waddell will do everything in his power to keep the superstar in Atlanta. On the open market, the suitors for his services will be many and the price will be high; too high for a rental. Would a team like Chicago really be willing to mortgage a bright future for one shot at a Cup this season? Not a chance. Two characteristics will likely define a team that is truly a long-term solution for Kovalchuk:

1. Team has cap room and financial ability to sign him to an extension: The contenders listed above are up against the cap ceiling and would need to ship high-priced contracts back to Atlanta in order to clear room to resign Kovalchuk. If Waddell isn't willing to pay Kovalchuk $10 million, does he want to pay three role players $10 million? This also eliminates teams like Tampa Bay who are struggling to pay the bills.

2. Trading NHL-ready talent and/or draft picks to Atlanta won't gut the team's roster: Brian Burke would love to bring in Kovalchuk to put his squad in Toronto back on the map, but after trading two first-rounders and a second-round pick for Phil Kessel, he doesn't have enough to make a deal happen.


Prior to this weekend, this made the Los Angeles Kings the sweepstakes favorite in my mind. LA is an organization stocked with expendable young talent, plenty of cap room, and on the verge of becoming a serious contender in the Western Conference. It's in a city with tons of marketing and endorsement potential for Kovalchuk should the Kings make a run at the Cup. This reason alone may be important enough to force Kovalchuk to accept a few million less than he's demanding from Atlanta. He'd also be teamed with center Anze Kopitar who is in the midst of a breakout season alongside veteran Ryan Smyth.

With the sale of the Texas Rangers, it's also time to add Tom Hicks' Dallas Stars into the mix as a serious possibility. Although the Rangers deal may not officially close until the summer, expect the purse strings to loosen immediately for Dallas GM Joe Nieuwendyk. Just because Hicks' defaulted on the March loan, it's tough to speculate that he doesn't have cash sitting around ready to deploy. The Wall St. Journal reported he refused to dip into his own funds to cover the missed payments.

The Stars will likely have a top 15 pick in next year's draft and free agent veterans Mike Modano, Jere Lehtinen, and Marty Turco probably won't be back. Dallas also has young difference makers in the likes of James Neal, Fabian Brunnstrom, and Jamie Benn that Atlanta would love to add to their roster in exchange for Kovalchuk. Come to think of it, a Turco for Kari Lehtonen goalie swap might make a lot of sense for both teams as well.

In the end, I still think Kovalchuk resigns in Atlanta. If not, maybe a championship-starved GM loses patience and guts the future of his franchise for a short-term rental. It wouldn't be the first time. But when it's all said and done, don't be shocked if Hicks and Nieuwendyk pull the trigger on Kovalchuk and push the Stars back into the NHL elite.

The Lincecum Arbitration Case

By age 25, only one pitcher not named Tim Lincecum had collected more hardware.  By age 25, Roger Clemens had earned two Cy Youngs and a league MVP award.  Lincecum earned his second Cy Young award in 2009 and will likely take his hardware with him to an arbitration hearing this winter in an effort to try to earn a raise from his $650,000 a year salary.  For those unfamiliar with baseball's basic compensation structure, a player is under team control for six years.  The first three are years in which the player is not eligible for arbitration, the so-called "pre-arb" years.  In the pre-arb years, the team can basically renew the player for a minimal salary.  After those three years, the player becomes eligible for arbitration.  A team submits what it thinks the player is worth, the player's agent does the same and the arbitrator picks one of the two numbers.  There's a good chance the player and team avoid arbitration by signing a deal before the hearing is set to begin. 

In the arbitration system, both sides seek to compare the player to what it thinks are comparable players.  With Lincecum, who is his modern day contemporary?  There is no one as good and as young as he is.  For that reason, I expect Lincecum's side to ask for a ridiculous amount of money.  It's hard to argue that he doesn't deserve it.  In his career, he's 40-17 with an ERA under 3.00 and 676 strikeouts in 598.2 innings.  That's a 25 year old.  Since Felix Hernandez just signed a new contract, there's a good chance that comes into play when arguing over Lincecum's next deal.  Hernandez, however, doesn't have any Cy Youngs. 

When Clemens was 25, he made $1.35 million.  I fully expect Lincecum to make around $10 million, but I also think the case won't reach arbitration and it will be settled before numbers are exchanged. 

Fantasy Hockey Pickups: Week 16

Welcome to Week 16 of Fantasy Hockey Pickups. It's now down to the home stretch, the final quarter of the season has begun. You now have to not only stay competitive to obtain a playoff spot, but also look towards the future to make sure your roster has enough depth to help you succeed once in the playoffs. Here are a few players that you may want to consider if you need help in certain areas.

Forwards

Jordan Staal - C - (PIT): Jordan Staal had 5A, 1PPP, and was a +3 last week. Overall he has 13G, 21A, 2PPA, 2SHG, 1GWG, 115SOG, and is a +15. Staal has been a quiet contributor the last few weeks and would be a great addition to any team looking for depth. He is available in 36% of Yahoo Leagues.

Brian Gionta - RW - (MON): Brian Gionta had 3G, 1A, 3PPP, 1GWG, and 13SOG last week. Overall he as 13G, 9A, 8PPP, 2GWG, and 104SOG in only 29 games this year. Gionta is back and healthy and looks to be back as a consistent contributor on a nightly basis. He is available in 41% of Yahoo Leagues.

Patrick O'Sullivan - LW - (EDM): Patrick O'Sullivan had 1G, 3A, 3PPP, and 1SHG last week. Overall he has 10G, 16A, 22PIM, 9PPP, 3GWG, and 126SOG thi year. O'Sullivan is a +/- risk, but playing for a struggling Oilers squad takes most of the blame for that. He seems to be getting his scoring touch back recently. He is available in 69% of Yahoo Leagues.

Guillaume Latendresse - LW,RW - (MIN): Guillaume Latendresse had 4G, 4A, 1PPP, 1GWG, 13SOG, and was a +5 last week. Since joining the Wild, Latendresse has had 13G, 6A, 7PPP, 2GWG, and is a +7 in only 24 games. Latendresse continues to impress and has really found his niche in Minnesota. He is worth a pickup, especially in deeper leagues, as he is on fire right now. He is available in 72% of Yahoo Leagues.

Brandon Dubinsky - C - (NYR): Brandon Dubinsky had 2G, 1A, 2PIM, 1SHG, 1GWG, 11SOG, and was a +1 last week. Overall he has 10G, 16A, 20PIM, 4GWG, and is a +11. Dubinsky seems to be turning things around right now and with the recent promotion to the top line with Gaborik and Prospal, things can only get better. He is available in 78% of Yahoo Leagues.

Cory Stillman - LW - (FLA): Cory Stillman had 3G, 1A, 1PPP, and was a +1 last week. Overall he has 9G, 12A, 4PPP, 2GWG, and is a +3. Stillman seems to be finally turning things around and finding his name on the score sheet on a regular basis. He is available in 93% of Yahoo Leagues.

Defensemen

Lubomir Visnovsky - D - (EDM): Lubomir Visnovsky had 1G, 2A and 3PPP last week. Overall he has 9G, 20A, 15PPP, and is a +6. Visnovsky is a PP machine, which is where all of his points will mostly come from. He is available in 26% of Yahoo Leagues.

Zach Bogosian - D - (ATL): Zach Bogosian had 1G, 1A, 4PIM, and was a +5 last week. Overall he has 9G, 10A, 40PIM and 3PPP so far this year. Bogosian is on pace to get close to 40PTS this year which is pretty good for a blue-liner. He is available in 39% of Yahoo Leagues.

Joni Pitkanen - D - (CAR): Joni Pitkanen had 6A, 3PPP, 6PIM, and 10SOG last week. Overall he has 2G, 25A, 46PIM, and 11PPP. He is a +/- risk with an overall rating of -13, but has had 2 strong weeks and could be a source for assists. He is available in 65% of Yahoo Leagues.

Mark Giordano - D (CGY): Mark Giordano had 2G, 6PIM, 1PPP, and was a +1 last week. Overall he 7G, 13A, 54PIM, 8PPP, and is a +6. Giordano leads all Calgary defensemen with 20 points so far. He has definitely flown under the radar, leading the blue-line in scoring with names like Jay Bouwmeester and Dion Phaneuf on the squad as well.

Goalies

Rick DiPietro - G - (NYI): Rick DiPietro got his 1st win of the season last week and looks to be back and ready to play. IF he can stay healthy, DiPietro would be an asset to any squad. Keep an eye on him and if he begins to play well and gets more starts, he may be worth the pick-up. He is available in 73% of Yahoo Leagues.

Notable Injuries

Steve Bernier - RW - (VAN): Lower Body - DTD as of 1/11.

Patrick Elias - C - (NJ): Head - DTD as of 1/16.

Marc-Andre Fleury - G - (PIT): Finger - DTD as of 1/16.

Brent Johnson - G - (PIT): Lower Body - IR as of 1/11.

Pascal Leclaire - G - (OTT): Upper Body - DTD as of 1/14.

Teemu Selanne - RW - (ANH): Broken Jaw - IR as of 1/15.

Marco Surm - LW - (BOS): Leg - DTD as of 1/17.

Good Luck with your match-ups this week!

Marlins Told to Spend Money

The happy news out of South Florida is that ace pitcher Josh Johnson signed a four year contract extension.  The not-so-happy news out of South Florida is that the Marlins were pushed by Major League Baseball and the Player's Union to extend Johnson.

The Marlins' frugality is often the subject of concern in baseball.  MLB implemented a revenue-sharing program designed to tax the top spenders and redistribute the tax money amongst the smaller market teams.  The fish, however, routinely keep their payroll as low as possible. BizofBaseball.com has this fantastic chart that demonstrates the spending habits of the Marlins.

Florida Marlins Rev-Sharing - Payroll
Year	Rev-Sharing	EOY Payroll	Diff
2002	$20,946,573	$40,822,536	$19,875,963
2003	$21,030,000	$63,281,152	$42,251,152
2005	$31,000,000	$56,273,212	$25,273,212

The "Rev-Sharing" column shows the money the Marlins got from MLB as part of the revenue-sharing agreement.  The "EOY Payroll" is their end of season payroll and the "Diff" is what the Marlins are paying their players, after revenue-sharing kicks in its contribution.

Part of the revenue-sharing agreement was that the recipients of revenue-sharing dollars would have to spend that money on players (thus, helping small market teams compete against the wealthier teams).  Earlier this week, MLB, the union, and the Marlins released a joint statement which said "In recent years, the Union has had concerns that certain Clubs have not lived up to this requirement, and has consulted regularly with the Commissioner’s Office about those concerns. The Florida Marlins are one of a number of Clubs that have been discussed."   For their part, the Marlins pledged to increase their payroll as they prepare to move into a new ballpark.

This marks the first time MLB/the union has ever tried to enforce this tenet of the revenue-sharing agreement.  What the Marlins actually do with the money will be something interesting to watch for.  They could overspend on mediocre players and say to MLB "well, we spent the money, aren't you happy now?"  Alternatively, they could spend the money on their young talent, like Johnson, a move that's good for the Marlins and good for baseball.  Although this first statement was about the Marlins, pay close attention to the Pirates, Royals, and Rays, teams that are also known for being a bit stingy.

American Needle v. NFL: Discussing the Supreme Court Transcript

As many of you know, the Supreme Court heard oral arguments on Wednesday January 13 in the case American Needle v. NFL. A full discussion of the case is available here, and the full transcript is available here.

My main takeaway from the transcript is that the Supreme Court will reject the 7th Circuit's classification of the NFL as a single entity (a classification that I have described as being legally wrong in two law review articles--here and here).

However, some justices may be willing to outline a more narrow antitrust exemption for sports leagues.

Among the justices who seem most likely to reverse and remand is Hon. Antonin Scalia, who responded to Hon. Stephen Breyer's broad questioning about the competitive effects of joint licensing with the following inquiry (p. 18-19):

• JUSTICE SCALIA: Is this issue before us here? Or is it just the issue of whether the lower court was wrong to dismiss your suit on the basis that this is a unitary operation? I think that was the only issue.

• MR. NAGER: You're -- that is the only issue, Justice Scalia.

• JUSTICE SCALIA: Well, why am I worrying about this other stuff.

Another justice who seems likely to reverse is Hon. Sonia Sotomayor, who accused the NFL clubs of "seeking though this ruling what you haven't gotten from Congress: An absolute bar to an antitrust claim." (p. 47).

NFL Counsel Greg Levy gave a long answer to this question but never directly addressed the NFL's failed efforts in Congress.

___________
Marc Edelman is an Assistant Professor at Barry University’s Dwayne O. Andreas School of Law, where he teaches in the areas of contracts, property, antitrust and sports law. His full collection of law review articles is available here. Professor Edelman’s article, Why the ‘Single Entity’ Defense Can Never Apply to NFL Clubs: A Primer on Property Rights Theory in Professional Sports, has been cited in three Supreme Court briefs on this case.

NCAA Football 2009: In the Books

This time of year is one of the most depressing times, in my opinion. No, I am not a pessimist, I’m not a “Negative Nancy,” I’m generally an optimistic person, but the realization that there will be no college football for approximately 8 months breaks my heart. Of course, I’m not forgetting about spring practices and scrimmages, but c’mon, that’s like having an appetizer at 4 and dinner at 9; you get a taste of the meal but get even more hungry waiting for the main course. It’s a tease.

Anyway, now that I am done with my spiel we can get down to business. The BCS National Championship was a week ago, and it sure was a crazy game. With Colt McCoy being knocked out of the game on the third offensive play, I know your jaw hit the floor approximately the same millisecond mine did. McCoy later described his arm as if it were dead – which is not something the third rated QB in the 2010 draft should be saying – but either way, it’s a good thing his father took out an insurance policy that offers a payout of $3-5 million if McCoy never returns to the gridiron.

The bright side of this happening, is we got a sneak peek at who will take the reigns of the Horns with McCoy graduating and entering the NFL. Although freshman Garrett Gilbert had a rocky start, and somewhat of a rocky finish, there were bright spots. Bright spots that had Texas fighting back, and only down by 3 with 6 minutes remaining. No one can knock Gilbert for the 4 INTs – he’s an 18 year old kid getting thrust into the biggest game of the year. Despite the loss, it will be great experience, and he handled it well. Looks like the Horns will produce another productive fantasy player in the near future.

The question many people I have talked to are asking, is whether Alabama would have been able to withstand Colt McCoy, had he not been knocked out of the game. Well, Alabama’s offense looked great once they got going in the 2nd quarter. Even though QB Greg McElroy played with a hairline crack in "at least one rib," he managed the game well, getting the ball into the hands of Mark Ingram (22 carries for 169 yards and 2 TDs) and Trent Richardson (19 carries for 109 yards and 2 TDs, with a 49yd long TD in the second quarter). But what was more impressive, and more likely the answer to the question, is how the Crimson Tide defense completely dominated the Longhorn rushing attack, allowing only 81 yards total on the ground. That is obviously because the threat of a high-powered passing attack that came with Colt McCoy was non-existent, but its also because the ‘Bama defense was just plain nasty. Who knows what would have happened, but I think it would have been another nail-biter, much like the one Texas was in back in 2006.

On another note, with the stir that Lane Kiffin has created in the last 72 hours, everyone has their own opinion. Some think he’s a complete jerk, some people understand the business and personal decision he is making and don’t blame him. Personally, I feel bad for the players that bought into his system, bought into his hype, and were severely disappointed. I feel bad for the Volunteer fans who praised him, who supported him by defending his name in the face of every Gator fan, and they too were severely disappointed and angered. Either way, the only one who will be able to overcome this mess is Lane, himself. He is on his way by signing up what looks to be a superb coaching staff on paper, but Kiffin has been all talk for years. The fact that he is bringing with him one of the all-time greatest defensive coaches in his dad, Monte Kiffin, along with recruiting guru Ed Orgeron, and an offensive professor Norm Chow, recruiting shouldn’t miss a beat and expectations will be high. Having been handed two great jobs in Oakland and Knoxville, and not doing much with them (5-15 in Oakland, 7-6 at Tennessee), the best thing for him to do is to win. Lots. Now. That’s the only way he will be able to repair his reputation – and that might already be unsalvageable.

Congrats to the Alabama Crimson Tide on their big win. Now onto basketball season.

Baseball Roundup: Hall of Fame, Chapman, McGwire

Hall of Fame Passes on Alomar
The Baseball Writers Association of America (BWAA) continues to demonstrate that they are incapable of selecting the right players to get elected to the Hall of Fame.  For some reason, there is some sort of distinction to them between a first-ballot Hall-of-Famer and someone elected on a different ballot.  Roberto Alomar is one of the best second basemen of all-time but yet, he fell short by a handful of votes.  I expect him to make it in next year with no issue, but he should have gotten in this year.  Why does one year make a difference to the voters?  There is nothing on a player's plaque that indicates how many ballots he was on before getting elected.  He won't accumulate any more hits between now and next year.  I just don't get it.  Speaking of one year making a difference, Bert Blyleven fell five votes short of election.  When he was first on the ballot, he only earned 17% of the vote.  Now, 12 years later, he's up to 74%.  That makes no sense to me.  How do writers decide to vote for a guy one year after saying "no thanks" for several years before?  It's such a frustrating process.


Chapman to the Reds
Over the weekend, the Reds reached an agreement with Cuban defector Aroldis Chapman.  There is no doubt that he throws hard, but his control is suspect, according to scouts that have watched him throw.  I will applaud the Reds for actually going out and spending money on a free agent, but I don't think Chapman deserves the six years, $30 million he got.  I see him as more of a long term project and I wouldn't be surprised to see him start out the season in AA or AAA, maybe not even getting called up until September or 2011.  ESPN analyst Tim Kurkjian called Chapman "raw" and if that description is accurate, Cincinnati better be ready to allow Chapman to develop.

McGwire Comes Clean
You want to know why all the "experts" say America is willing to forgive athletes who took steroids?  Because we're so tired of hearing about it.  I honestly don't care what Mark McGwire took and I formed my own opinion of him a long time ago.  I think most people feel the same way.  I'm tired of the analysis of every word of every apology speech, trying to find loopholes in rhetoric or better yet, lies.  I've said it before in this space - during a stretch of the game's history, a lot of players were not clean.  We should judge those players against their peers, not against other great players, and remember that their numbers could possibly be inflated.  I'm glad McGwire finally came clean and I hope he's able to move on with the rest of his life and his new job as the Cardinals' hitting coach.   

American Needle v. NFL: Oral Arguments Begin Tomorrow

Tomorrow, the Supreme Court will begin hearing oral arguments in the case American Needle v. National Football League for the purposes of determining whether the NFL clubs’ collective licensing of individual club trademarks is exempt from Section 1 of the Sherman Act under antitrust law’s single entity defense.

American Needle, which is represented by the law firm Jones Day, will argue that the Supreme Court should uphold the ruling of at least seven lower courts, each of which has found that the business practices of the NFL clubs are subject to Section 1 of the Sherman Act (American Needle’s briefs are available here and here). By contrast, the NFL, which is represented by the law firm Covington & Burling, will argue that, despite these lower court rulings, the NFL is really more akin to a single company and should be treated as such for antitrust purposes (The NFL’s brief is available here).

For those who are less familiar with the American Needle case, the original plaintiff, American Needle Inc., had for more than twenty years maintained a non-exclusive license to design and manufacture headgear bearing the NFL clubs’ names and logos. Then, nine years ago, the NFL clubs decided to offer an exclusive license to American Needle’s main rival, Reebok.

Upon being foreclosed from the opportunity to sell NFL headgear, American Needle sued the NFL clubs in the Northern District of Illinois, contending that the new NFL licensing arrangement violated Section 1 of the Sherman Act by illegally restraining trade in the market for purchasing rights to NFL logos. The NFL clubs, in turn, responded by not only alleging that their licensing arrangement was pro-competitive under antitrust law’s Rule of Reason but also by arguing that the NFL clubs constituted a single entity under antitrust law.

American Needle’s surprising choice of where to bring suit played an important role in this case making its way to the Supreme Court. Although the First, Second, Third and Ninth Circuits have long since rejected the NFL’s single entity defense, American Needle instead decided to bring suit in the Seventh Circuit, which had never before addressed the issue. Upon reviewing the matter, the Seventh Circuit disagreed with these other circuits’ views of the single-entity exemption and instead held that the single-entity status of a sports league should be determined on a case-by-case basis, and that the NFL constituted a single-entity for the purposes of licensing intellectual property.

The Seventh Circuit’s ruling has since been challenged by both American Needle and the NFL clubs. American Needle, as expected, filed a petition for certiorari, urging the Supreme Court to reverse the Seventh Circuit’s ruling and adopt the position previously articulated by the First, Second, Third, and Ninth Circuits. Meanwhile, the NFL clubs have petitioned the Court to not only uphold the Seventh Circuit’s ruling with respect to licensing markets, but more broadly to rule that sports leagues are single entities for all purposes—thus shielding the NFL from future Section 1 antitrust challenges.

In arguing for a complete exemption from Section 1 of the Sherman Act, the NFL clubs rely on a broad reading of the 1984 Supreme Court case Copperweld Corp. v. Independence Tube Corp., in which the Court had held that a tubing company and its wholly-owned subsidiary comprised just one entity for antitrust purposes. Meanwhile, American Needle relies primarily on a different Supreme Court case from that same year, National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma, in which the Court ruled that NCAA football teams are independent actors and not a single entity for purposes of antitrust law.

The only justice who remains on the Supreme Court from these earlier rulings is Hon. John Paul Stevens, who wrote the majority opinion in NCAA and dissented to Copperweld. Since that time, the Supreme Court has moved in a decidedly more conservative direction, having ruled in antitrust cases almost exclusively in favor of the defendants.

Nevertheless, even despite the recent conservative push of the Supreme Court, this case may perhaps represent an instance where even law-and economics minded conservatives would support the plaintiff’s position. Indeed, while there may be strong reasons why a court would ultimately uphold the NFL joint licensing program under the Rule of Reason (e.g., lack of market power in a broader market for sports logos and reduction of transaction costs), it makes little sense from a law-and-economics perspective for the Court to broaden antitrust law’s single-entity defense at the expense of allowing for full discovery and economic analysis.
___________________________________________________________________
Marc Edelman is an Assistant Professor at Barry University’s Dwayne O. Andreas School of Law, where he teaches in the areas of contracts, property, antitrust and sports law. His full collection of law review articles is available here. Professor Edelman’s article, Why the ‘Single Entity’ Defense Can Never Apply to NFL Clubs: A Primer on Property Rights Theory in Professional Sports, has been cited in three Supreme Court briefs on this case.

Fantasy Hockey Pickups: Week 15

Welcome to Week 15 of Fantasy Hockey Pickups. The fantasy hockey regular season will be 3/4 completed after this week. The final push will be on and now is the time to get your roster set to finish off the season and to try and secure a playoff spot. Here are some of last weeks' best performers that could be a good pickup to help out your roster.

Forwards

Danny Briere - C,RW - (PHI): Danny Briere had 2G, 3A, 2PPP, and was a +1 last week. Overall he has 16G, 14A, 41PIM, 10PPP, 1GWG, and 93SOG. Briere, now completely healthy, seems to be finding himself on the score sheet consistently now and is worth some consideration. He is available in 40% of Yahoo Leagues.

Tim Connolly - C - (BUF): Tim Connolly had 5A, 2PIM, 2PPP, 10SOG, and was a +4 last week. Overall he has 11G, 26A, 16PIM, 17PPP, 2SHP, 4GWG, 119SOG, and is a +9. Connolly currently has a 9 game point streak and doesn't look to be slowing down at all. As long as the Sabres are doing well, Connolly should be able to keep it up. He is available in 51% of Yahoo Leagues.

Tomas Fleischmann - LW,RW - (WAS): Tomas Fleischmann had 1G, 3A, 1PPP, and was a +3 last week. Overall has 15G, 13A, 12PPP, 2GWG, and is a +4. Since moving to center, Fleishmann has kicked it up a notch and looks to be turning up the offensive production. He is available in 60% of Yahoo Leagues.

Blake Wheeler - RW - (BOS): Blake Wheeler had 4G, 3A, 4PIM, 2PPP, and was a +3 last week. Overall he has 11G, 15A, 28PIM, 6PPP, and 2GWG. Wheeler seems to be on pace to match his point total of 45PTS last year in his rookie season, but his +/- numbers have really dropped from his total of +36 last year. Keep an eye on him and if he continues to produce, he would be a nice addition to your team. He is available in 60% of Yahoo Leagues.

Patric Hornqvist - RW - (NSH): Patric Hornqvist had 4G, 1A, 6PIM, 4PPP, and 15SOG last week. Overall he has 17G, 10A, 20PIM, 6PPP, 4GWG, 138SOG, and is a +10. Hornqvist has continued his offensive production and has been able to provide fantasy owners with points in all categories. It's safe to say that Hornqvist will be an everyday contributor and should be considered, especially in deeper leagues. He is available in 71% of Yahoo Leagues.

Antoine Vermette - C - (CLS): Antoine Vermette had 3G, 3A, 2PIM, 1PPP, 1GWG, 14SOG, and was a +2 last week. Overall he has 14G, 22A, 16PIM, and 9PPP. Ever since Vermette has been paired on a line with Raffi Torres and Jakub Voracek, his production has taken off. As long as this line stays intact, Vermette should continue to impress. He is available in 80% of Yahoo Leagues.

Saku Koivu - C - (ANH): Saku Koivu had 2G, 3A, 1SHG, 1GWG, and was a +7 last week. Overall he has 10G, 18A, 22PIM, 8PPP, 3GWG, and is a +8. Koivu has continued his success after being reunited with Teemu Selanne, Koivu has been able to find success. Koivu is most likely available and should be given some consideration while on this hot streak. he is available in 84% of Yahoo Leagues.

Guillaume Latendresse - LW,RW - (MIN): Guillaume Latendresse had 3G, 1A, and 13SOG last week. Overall he has 9G, 2A, 6PIM, 1GWG, and is a +2 since joining the Wild. The change of scenery has done Latendresse good and he doesn't look to be slowing down. Keep an eye on him and if this continues, would be a good pickup. He is available in 97% of Yahoo Leagues.

Defensemen

Matt Carle - D - (PHI): Matt Carle had 1G, 2A, 2PPP, and was a +4 last week. Overall he has 3G, 19A, 14PIM, 9PPP, and is a +16. Carle seems to be getting out of his slump and could be a good option for a team looking for some offensive output on the blue-line. He is available in 33% of Yahoo Leagues.

Tyler Myers - D - (BUF): Tyler Myers had 3G, 1A, 2PIM, 3PPP, 1GWG, and was a +1 last week. Overall he has 6G, 20A, 12PIM, 9PPP, and is a +9. Myers leads all NHL rookies with 20A and will should be able to continue this production consistently for the remainder of the year. He is available in 67% of Yahoo Leagues.

Kurtis Foster - D - (TB): Kurtis Foster had 2A and 2PPP last week. Overall he has 6G, 11A, and 10PPP. Foster sees a lot of time on the PP and can be counted on to produce in those situations. He is available in 86% of Yahoo Leagues.

Derek Morris - D - (BOS): Derek Morris had 2A, 4PIM, 2PPP, and was a +1 last week. Overall he has 3G, 17A, and 10PPP. Morris is a decent option on defense and will provide average numbers, he can be considered if you need a fill-in. He is available in 88% of Yahoo Leagues.

Goalies

Mathieu Garon - G - (CLS): Mathieu Garon had 3W, 1.47GAA, .938SV%, and 1SO last week. Garon has won his last 3 starts and started 5 of the last 6 and has effectively become the starter for the Blue Jackets. Garon is on a hot streak right now and would be a good pickup right now. He is available in 89% of Yahoo Leagues.

Notable Injuries

Nik Antropov - C - (ATL): Lower Body - DTD as of 1/5.

Jason Arnott - C - (NSH): Upper Body - DTD as of 1/9.

Cam Barker - D - (CHI): Upper Body - DTD as of 1/5.

Patrice Bergeron - C - (BOS): Thumb - DTD as of 1/5.

Tomas Holmstrom - RW - (DET): Foot - DTD as of 1/7.

Marian Hossa - RW - (CHI): Lower Body - DTD as of 1/10.

Chris Kunitz - LW - (PIT): Abdominal Surgery - DTD as of 1/5.

Milan Michalek - LW - (OTT): Upper Body - DTD as of 1/9.

Mike Ribeiro - C - (DAL): Throat - IR as of 1/7.

Tuomo Ruutu - LW - (CAR): Upper Body - DTD as of 1/9.

Marc Savard - C - (BOS): MCL - DTD as of 1/7.

Good Luck with your match-ups this week!

Off Season-Off Topic: Big Ten Expansion

Well, my friends, we find ourselves at an odd spot within the realm of fantasy football. With league champions freshly anointed, coaching changes in progression and the draft far off, it’s much too early to make predictions. Sure, I could make a conjecture or two, but let’s face it whatever I do say will either be (a) forgotten and/ or (b) amended due to the football shuffle that occurs during the coming months (and I’m not talking about anything conjured up by “Sweetness,” “Punky QB,” or “Samurai”) So what is there to talk about, well this is when I get to be a bit selfish with my choice of topics (as if I wasn’t already) and get to discuss those things especially near and dear to my heart. This week it’s the Big Ten. More specifically, the Big Ten expansion.

As many of you have already heard, there are many rumors circulating that the Big Ten is looking to expand. I, for one, whole heartedly support this move. For far too long have we Big Ten supporters suffered from shorter seasons, lack of conference Championship game excitement, and ridicule for our illogical name. But who should join? Here’s a quick glance at the current contenders.


Pitt:
Pros: Location, location, location. Evident by its name, the University of Pittsburgh is conveniently nestled in the southwest corner of Pennsylvania, placing squarely within Big Ten country. Thus, travel costs incurred by the universities, and fans alike, for all sports would be on par with what they are currently expending. Now, you may not think this is a big deal, but think about it. While football programs are not usually pinching their pennies when it comes to travel, lesser funded sports such as lacrosse, soccer and field hockey, which play many more games per year, aren’t as fortunate. As a result, the closer the schools are grouped together, the better it is for the majority of college athletics. Academically, Pitt fits in nicely with the rest of the Big 10 school s as it is a major research institute. With regards to athletics, adding Pitt would make two enormous contributions: (1) boost Big Ten basketball, and (2) giving PSU back its natural rivalry. Seriously, this charade with MSU needs to stop! No one cares. That Land Grant Trophy is fugly and I never want to see it again. Lastly, adding Pitt would seriously add to my entertainment as my father and I have agreed that if PSU and Pitt were ever to play again, we would get tickets, don our respective team’s apparel, and fight in the parking lot. This needs to happen.
Cons: Although, it’s conveniently located, the urban campus setting doesn’t really go with the land grant image of the Big Ten; but then again neither does OSU. Also, there are some grumblings that adding Pitt doesn’t make financial sense. Basically, the arguments are that (1) because Pitt is located in southwest PA, the Big Ten would not gain any further television markets because the area already shows OSU and PSU games, and (2) because Pitt cannot consistently filled is 65,050 capacity stadium, while OSU, PSU and Michigan regularly fill their 100,000+ stadiums, it would actually be Pitt who would benefit from addition and the Big Ten would be better off adding Notre Dame or Mizzou.

Notre Dame:
Pros: Notre Dame is located in the heart of Big Ten country and for that significance please refer to above because I am far too lazy to retype it. Also, as much as I hate to say it, Notre Dame is a crown jewel of college football and acquiring it would not only entail bringing in a prestigious school rich in tradition and history, but also an enormous fan base who is notoriously loyal. Evidence: (1) Despite their recent mediocrity, the Fighting Irish closed out their 2009 home schedule with their 212 consecutive sellout of their 80,795 capacity stadium…..Eat your heart out Pitt, (2) who doesn’t like Notre Dame just a little bit because of Rudy.
Cons: Since Notre Dame currently has a lucrative contract with NBC and has no troubling scheduling, Notre Dame could come at a high cost to the Big Ten, if they were willing to come at all.


Mizzou:
Pros: Mizzou fits in the Big 10 as a land grant university and a major research institute and geographically it makes sense as its both close and would provide a natural way to divide the Big 10 into East and West divisions. Hypothetically, West would contain Minnesota, Mizzou, Iowa, Illinois, Northwestern and Wisconsin, while East would contain Michigan State, Michigan, OSU, PSU, Indiana and Purdue. Thus preserving the rivalries of Wisky-Minnesota and OSU-Michigan. Furthermore, Mizzou seems winning to consider the idea of joining and Missouri’s Governor has even suggested creating reciprocal tuition agreements with Big 10 schools, if it would join, like the one currently in place with Kansas.
Cons: Mizzou would be like a stranger to the Big 10 and some question whether the academic level is on par with the Big Ten (I’m not saying it, I’ve just read it several places), but I’m not familiar enough with Mizzou to make that judgment.


Rutgers:
Pros: On the rise (relatively) and could expand the Big 10 market into the New York/New Jersey area.
Cons: That market is too small to make the Big 10 salivate. Also, the Big 10 should be looking for a bigger name in college football to add who is more consistent. (My feelings on adding Rutgers are illustrated by the photograph to your right)



Nebraska:
Pros: Nebraska is almost everything the Big 10 is looking for. It fits the Midwestern flavor of the Big 10, is a land grant school, and is contiguous with current Big 10 states. Also, it brings the positives of Notre Dame (rich in history and tradition, huge fan base) without the pesky uppity-ness of being “too good for a conference.” Also, like Mizzou, adding Nebraska would create the natural East-West division which still preserves rivalries.
Cons: Doesn’t quite fit in with the Big 10 academically, I’m not putting down a Nebraska education, it’s just not known as a research institute.


Other names floating around: Texas (yes, Texas), WVU, Boston College and Maryland.

Has the Mayweather-Pacquiao Drug Controversy Touched on The Cure for a Lack of Uniform Rules?

A Look Behind a Side Issue Raised by the Mayweather-Pacquiao Drug Testing Controversy: The Contracting for Testing That a Commission Does Not Require

Consider the following hypothetical situation in light of the lingering dispute between Manny Pacquiao and Floyd Mayweather over random drug testing. Following his dramatic back-to-back knockout losses to Carl (The Cobra) Froch and “King” Arthur Abraham, former undisputed middleweight champion Jermain (Bad Intentions) Taylor is a given a bout contract for his upcoming fight with Andre Ward that contains the following provision: “Parties agree that, in addition to the pre-fight medical examinations required by the California State Athletic Commission, the Parties shall submit to pre-fight medical testing identical to that which is mandated by the New York State Athletic Commission.” Taylor’s team promptly calls Ward’s promoter to ask why this provision is in the contract since California already has its own regulations for pre-fight medical examinations. The response: Ward is concerned that Taylor can be vulnerable to serious brain damage due to the nature of his recent knockout losses and believes that California’s pre-fight medical testing does not go far enough, as evidenced by the fact that Edwin Valero was cleared to fight in California on three occasions before evidence of an old head injury was found in a pre-fight CT scan in New York.

If the above hypothetical contract provision sounds unreasonable and/or unnecessary, then you may be one of those who agrees with Pacquiao’s position that if testing is not mandated by the Nevada State Athletic Commission (“NSAC”), he need not agree to it by contract. If, on the other hand, you believe that the above hypothetical contract provision is the end result of an appropriate abundance of caution, you may now be able to see how American boxing promoters can take it upon themselves to close the gap between the nation’s athletic commissions in pre-fight medical and drug testing: by compelling more thorough testing by contract. The current controversy between Mayweather and Pacquiao may have, in short, laid the blue print for how to insure the safety of boxers no matter where they fight in the United States. Boxing is abundant with skeptics however, thus this possibility begs the question: Is the contracting of more rigorous pre-fight medical and drug testing on a regular basis desirable, doable, and realistic? An analysis follows.

Why Would a Boxer Wish to Submit to More Rigorous Pre-Fight Testing?

Dateline: February 22, 2007, Mountaineer Casino Race Track and Resort, Chester, West Virginia. After a positive HIV test and nearly 11 years out of the ring, former heavyweight contender Tommy (The Duke) Morrison wins his highly controversial comeback fight against John Castle by second round technical knockout. Castle, then 4-2 (2 KOs), was a wholly unknown journeyman. As such, Castle’s management simply did not have the high card going into negotiations for Morrison’s comeback and thus likely could not insist on more rigorous pre-fight medical screening than West Virginia required. Indeed, there were probably several other journeyman heavyweights that were willing to put their fear about Morrison’s potential contagiousness aside if the pay was right and the bloodshed was minimal. Further, Morrison reportedly tested HIV negative on several occasions before the fight.

But what if, hypothetically, Morrison’s comeback did not come against Castle, but rather against heavyweight contender Ray (The Rain Man) Austin on a Don King-promoted card at Mountaineer? Against Austin, Morrison may have had the potential to make a lot more money than he would have against Castle and could achieve a world ranking in one fell swoop. Further, unlike Castle, Austin’s promoter Don King would have also had the leverage he needed to add a provision to the contract mandating that the two boxers submit to a full range of pre-fight blood tests by the Mayo Clinic. After all, King had the deep pocket and Austin had the world ranking. Morrison, looking to show the world that he was no longer HIV positive thus agrees to the testing, which goes above and beyond that which is required by West Virginia. Sure enough, he is still HIV positive and the fight is cancelled. Austin is thus spared exposure to HIV-tainted blood due to the specific provisions of his bout contract with Morrison.*

Putting aside the myriad of reasons why an Austin-Morrison fight probably would have never happened, the point is the same: Don King’s contractual provision in the above hypothetical would have spared his boxer exposure to HIV and provided him the protection he deserved as a professional boxer that West Virginia itself may not have provided him. Now consider if you want your promoter or manager to take similar measures for you the next time you are boxing in a state with a weak commission, even if it means that you have to undergo the same heightened testing.

Why Would a Promoter Wish to Contract for More Rigorous Pre-Fight Testing?

The answer to that is simple: Despite the inevitable extra costs involved in expanded pre-fight medical and drug testing, would you really want to be the promoter on whose card Taylor is left in a coma or someone contracts HIV from Morrison without feeling as if you did everything you could do to protect the boxers from such traumatic occurrences? Alternately, would you want to be the promoter that allowed his boxer to be beaten into premature retirement by a man who is reputed to use a performance-enhancing drug that is not tested for by a particular athletic commission? Certainly, the easier solution is to not put Taylor, Morrison, or the hypothetical steroid user on the card in the first place. But if the promoter decides to take that step, the extra money spent could literally be difference between life and death, and perhaps lawsuit or no lawsuit, while in the jurisdiction of an athletic commission that does not mandate the degree of testing needed.

Would a Commission Allow for Heightened Pre-Fight Testing by Contract?

The New York State Athletic Commission’s (“NYSAC”) rules and regulations mandate that several specific provisions must be in a given a bout contract and that the contracts as a whole must be approved by the NYSAC. The NYSAC’s rules and regulations do not appear, however, to proscribe the addition of additional drug testing or medical testing. Likewise, Keith Kizer, executive director of the NSAC, was recently quoted as saying that the Mayweather and Pacquiao camps can contract to do what they wish as to pre-fight drug testing, so long as their agreement also adheres to the NSAC’s rules. Both Nevada and New York, therefore, appear to use their own rules as a floor, and not as a ceiling, to the amount of medical and drug testing that can be done prior to a given bout. Thus, as long as a given athletic commission’s rules are not contravened in any way, it would appear that two boxers are free to contract to whatever they wish.

Is Contracting to Fill the Gaps in a Commission’s Regulations Practical?

This is an open question, since despite how much sense this would make in the big picture, it would fall to an extensive patchwork of regional, national, and international promoters to make a committed effort to close the gaps in a particular athletic commission’s rules and regulations for each fight card that they put together. Next, one would have to consider what affect self-interest, lack of initiative, and the budgetary constraints of some promoters may have on such a movement. One would also have to consider if such expanded testing would be done for every bout on every card, or rather just the bigger fights on a given card, and the potential holes that would leave as to the safety of all of the boxers on the card. And another consideration might be whether the boxers and their management would want to push for such measures on a regular basis, or whether they would just be happy to show up and get paid, no matter what hazards or hidden disadvantages that may face in a given bout.

One thing is certain, however; for all of the criticism that certain athletic commissions throughout the United States rightfully receive for their laxity in pre-fight medical and drug testing, the possibilities raised herein should at least be contemplated by the nation’s boxing promoters in order to avoid the type of scandals that could hinder its climb back into the mainstream. We all know that boxing does not have leagues, unions, or a collective bargaining agreement. But that does not mean that steps cannot be taken without a central body or government intervention to insure the safety of its participants and the fairness of its contests. The contracting for heightened testing could be one of those steps.

* Author’s note: It has not actually been reported that Morrison tested positive again for HIV since his 2007 comeback. That was asserted simply for the purpose of the hypothetical.

- Paul Stuart Haberman

Paul Stuart Haberman, Esq. is an attorney at the New York law firm of Heidell, Pittoni, Murphy & Bach, LLP. He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. He can be e-mailed at haberman.paul@gmail.com. ©

NCAA Football 2010: Winding Down the Bowls

With the New Year, comes the (sometimes tearful) goodbye to our dear friend, NCAA Football. As we conclude 2009, there seems to be a good send off party, which will be capped with tonight’s BCS National Championship game from Pasadena. But since we last spoke on New Year’s Eve, there have been some historic games, some record games, some boring games, and some great games.

Historic
Against West Virginia, Bobby Bowden’s last game as Head Coach of the Florida State Seminoles was played in the Gator Bowl. The ‘Noles showed up for the game in Jacksonville a bit late, but after being down 14-3 in the first quarter Florida State remembered it was Bobby’s last game and his players sent him out with a win, 33-21. I was lucky enough to get tickets to this game as a gift, and it was a memory that will last a lifetime. It sent chills up my spine to watch Coach Bowden throw Chief Osceola’s flaming spear at the 50 yard line, and to participate in the frequent “BOB-BY” cheers coming from both sides of the stadium. Even though I sat in the second-to-last row in the stadium (luckily at the 50), I was grateful to witness history.

Record
In true Tebow-fashion, the Gator QB set records in his final game in orange and blue. There was really no question that Florida would dominate Cincinnati in the Sugar Bowl, but no one could have guessed it was going to be like that! With a final score of 51-24, Tim Tebow completed 31 of 35 passes for 482 yards and 3 TDs, added to his 78 yards rushing, he set the all-time BCS record for yards in a game, with 533. Ridiculous.

Boring
With Tebow’s great performance, came a boring game. It really wasn’t that exciting to watch UF pile it on top of Cincinnati, but I can’t blame Urban Meyer or Tim Tebow for doing so. Especially with a 30-3 score at halftime, I found it kind of a snoozer and passed out in the third quarter.

The first half of the USF v. Northern Illinois International Bowl was another “Z-catcher.” Marked by a 3-3 score at halftime, the Bulls only managed 19 yards on the ground. But the second half seemed like a completely different game, and it was all-USF, highlighted by an impressive performance by junior Mike Ford, who entered the game with 243 rushing yards for the season, adding 207 yards and 2 touchdowns. You might want to keep him in mind while drafting next year.

Great
Luckily, we have had more exciting bowl games than anything else, this season. Ohio State finally brought a Rose Bowl victory back to the Big-10 since Heisman-winner Ron Dayne and the Wisconsin Badgers defeated Stanford in 2000. Terrell Pryor threw for over 260 yards, ran for over 70, and lead his team with the skills NCAA fans have been waiting to see for a while.

Another Big-10 team that showed up to play was Iowa. In the first major bowl game since the 1959 Rose Bowl and their first BCS game, the Hawkeyes took an early lead over Georgia Tech and never let go. “Experts” said Iowa’s defense wouldn’t match up with the Option offense and the dual rushing threat of QB Josh Nesbitt and RB Jonathan Dwyer - Tech’s first pair of 1,000 yard-rushers – but the Hawkeyes managed to hold Tech to 143 total yards (GT averaged over 300 yds/game in 2009). Instead of Dwyer or Nesbitt, it was freshman Brandon Wegher who had the impressive outing, logging over 100 yards rushing and TD that was the nail in the coffin for the Yellow Jackets. He is another kid to keep an eye on for next year’s fantasy season.

In this year’s Fiesta Bowl, TCU took on the men of the blue field, Boise State. Both are considered to be mid-major powerhouses (is that an oxymoron?), and in what was most thought would be a high-scoring game, turned out to be a battle of the defenses. Despite throwing 39 TD passes on the season Boise State QB Kellen Moore only went 23 for 39 and 211 yards. But that didn’t matter much since the Cowboys defense gave him some padding to work with, after returning an INT 51 yards for the first TD of the game. TCU tried to catch up all night, but Boise State ended their season an unblemished 14-0.

Fighting not only LSU, but also the rain and mud, Penn State gave Joe-Pa his 24th bowl victory (extending his own NCAA record) in a 19-17 win over the Tigers, and continuing the impressive year the Big-10 is having this postseason. Neither offense could really get anything going, shown by a combined 542 yards of offense from both teams (that’s only 9 more than Tim Tebow had himself). But the lack of offense was overshadowed by the last-minute heroics that sports-nuts always love: a last minute field goal to put Penn State up by 2, with :57 remaining on the clock.

The East Carolina v. Arkansas match-up ended in similar fashion. After trailing most of the game, Arkansas evened the score at 17 a piece with a little over 5 minutes to go, and eventually put the Pirates down for good with a FG in overtime. Even though we have seen it a million times, you gotta love these endings!

In what might have been the most exciting game this week, Central Michigan lined up against Troy in the GMAC Bowl. Yes, the GMAC Bowl. All-time record-holder for TDs scored, Dan LeFevour, led the Chippewas to his 8th career 4th-quarter-comeback, and a win off the leg of K Andrew Aguila in the second overtime. LeFevour went 33/55 for 395yds, 1TD, 1INT, 1RuTD, bringing the NCAA record to a nice, round 150. Troy QB Levi Brown put up a very similar numbers in the box score, throwing 31/56 for 386yds and a score. Down 31-19 with 8 minutes remaining, Chips' WR Antonio Brown ran back a kick 95 yards for a TD to make it 31-26. Then with only 1:26 remaining in regulation, LeFrvour threaded the needle between 2 defenders and found Brown for a 30yd connection to put the Chippewas on the Trojans’ 4 yard line. (Brown ended with 178yds receiving). After scoring and a 2-point conversion, Central Michigan took the lead, 34-31. With 31 seconds to go, Troy K Michael Taylor nailed a 47yd FG to send the game to overtime. The excitement continued with a LeFevour rushing TD in OT, which was matched by the Trojans. After CMU blocked a FG attempt by Troy in the second OT, Aguila put one through the uprights for the victory. Dan LeFevour ends his career with 36 wins, 102 TD passes, 15,669 total yds, 12,721 passing yds, and 150 total TDs.

And we all know what is on tonight. I don’t think anyone needs an introduction to Mark Ingram, Rolondo McClain, Colt McCoy or Jordan Shipley. They will line up in Pasadena for the National Championship, which will kickoff at 8:15 on ABC, giving either Mack Brown or Nick Saban the opportunity to become only the 5th active coach with 2 or more FBS National Titles.

The countdown begins; less than 12 hours until we have a new National Champion, and the 2009 season in the books.

***CORRECTION*** This was Iowa's first major bowl win since 1959. Iowa has appeared in 3 Rose Bowls ('82, '86, '91) and 1 Orange Bowl ('03) since 1959.

Predicting the MLB Hall of Fame Voting Results

Once MLB announces its yearly awards and some of the bigger name free agents start to find new homes, the baseball winter seems to drag on.  The one thing that does sneak up on baseball fans each winter is the Hall of Fame voting.  This year's results are announced tomorrow, so let's take a look at some of the candidates:

Andre Dawson - The Hawk was just shy of the 75% of votes needed for election, with 67% last year.  Since Jim Rice was elected last year and Dawson is better statistically than Rice, I think Dawson makes it this year.

Robert Alomar - Arguably the best second baseman in baseball during his generation, Alomar is also known for spitting in the face of an umpire.  A 12-time all-star and .300 career hitter, Alomar makes it on the first try.

Bert Blyleven - Blyleven will lose eligibility for election by the writers if not elected by 2012 and he's been gradually getting more and more votes.  A career 287 game-winner, he ranks in the top ten all-time in shutouts and strikeouts.  I think he deserves enshrinement, but I have a feeling he falls just shy this year.

Barry Larkin - Alan Trammell is also on the ballot, but Larkin's numbers are a bit better than Trammell's.  Larkin was an excellent shortstop for the Reds, earning an all-star selection for 12 of his 19 big league seasons.  I'd give him around 50% of the vote.
 
Lee Smith - Before Trevor Hoffman became the all-time saves leader, it was Lee Smith.  I remember they used to time his walk from the bullpen to the mound and boy was it slow.  He was at 44.5% last year and I think he falls short this year.  As more and more relievers get elected (see: Bruce Sutter, Goose Gossage), Smith's chances get better.

Tim Raines - Raines was overshadowed by Rickey Henderson last year and while Henderson's number were better than Raines, Raines is most certainly a Hall-of-Famer.  On that note, it's hard to go from 23% of the vote to 75%, but I expect Raines' votes to surge toward that mark this year, with election next year.

Edgar Martinez - The first "true" Designated Hitter to be on the ballot with a chance at election, Martinez was a great hitter, but I think he'll face a bit of an uphill climb to election.  Relievers faced a similar struggle when the use of relief pitchers evolved to where it is today and I think Designated Hitters will struggle for a few years.  Is Martinez a Hall of Famer?  .312 career average, 300+ home runs, 1261 RBI, and seven all-star selections.  Maybe.... but not this year.

Others - My guess is that Mark McGwire will still hover around 25% of the vote, although I'd vote for him.  Jack Morris was at 44% last year and he may see an increase in votes, but won't come close to election.  The first-time eligible players are always interesting.  Mo Vaughn, of all people, got votes last year.  I wouldn't be shocked to see Kevin Appier, Eric Karros, Fred McGriff, Robin Ventura, and Andres Galarraga get a handful of votes each, deservedly so or not.