The NFL and Workers' Compensation

Alan Schwarz of the New York Times offers an interesting story today regarding a workers' compensation claim recently filed in California by the wife of former NFL lineman Ralph Wenzel, effectively asserting that Wenzel developed dementia as a result of his eight year career in the NFL. Schwarz reports that around 700 workers' compensation claims have been filed by former NFL players in California -- whose workers' compensation system is available to anyone that played a single game in the state -- with most of the claims to date relating to orthopedic injuries. If successful, Wenzel's claim would mark the first time that a player has received workers' compensation for the long-term effects of head trauma, and would open the door for hundreds of similar claims to be filed by other former players. Experts predict that the NFL could be facing $100 million or more in potential future liability should Wenzel's claim succeed.

A Different Take on the Expansion of the NCAA Tournament to 96 Teams

While most of the college basketball fans in the country have been finalizing their "why I hate Duke" speeches, the NCAA continues to move towards expanding the tournament from 64 to 96 teams. The proposed expansion has been met with an avalanche of criticism. Critics claim that a larger field will devalue the regular season and the conference tournaments, dilute the NCAA tournament field, destroy office brackets, and all but ruin March Madness. I'm not convinced that expanding the tournament is a good idea (though I do not think it will destroy the tournament), but I think the NCAA has a more subtle concern than the negative reaction from fans and journalists: Adding 32 teams to the tournament may have a real impact the NCAA's position in antitrust lawsuits, including the O'Bannon-class action suit currently pending in federal court.

I have a new column up in the Huffington Post that takes a closer look at the possible antitrust implications of a 96-team tournament. Here's an excerpt:

Judicial deference to the NCAA is not unconditional. While some commentators have been screaming for years that the NCAA cares about money, not amateurism, courts have continued to defer to the NCAA in antitrust cases when the NCAA makes rules governing student-athletes that are arguably related to maintaining amateurism and furthering academic ideals. That deference could fade if the NCAA makes decisions--like expanding the tournament-- that seem to put the "athlete" ahead of the "student" in student-athlete. At a minimum, it will give ammunition for plaintiffs to use in antitrust cases--and their quest to obtain treble damages-- and give judges and juries a reason to more strictly scrutinize NCAA rules.

You can find the full column here. You can follow me on twitter here.

NY Times Sell Portion of its Stake in Boston Red Sox

With the Red Sox playing the Yankees tonight at Fenway Park, it's a reminder that earlier this week, the New York Times sold a portion of its minority ownership stake in the Red Sox. Boston College Law Professor Brian Quinn discusses the sale on M&A Law Prof Blog.

International Sport Law & Business Conference (ISLBC) in Istanbul

Our friend Matt Mitten, a professor at Marquette University Law School and director of the National Sports Law Institute, will be speaking about American Needle v. NFL at the International Sport Law & Business Conference, to be held in Istanbul on September 6 and 7. The conference is being organized by a number of persons, including Tassos Kaburakis, director of the Southern Illinois and University Edwardsville Sport Management Graduate Program.

For more details, click here or see Geoff's earlier post on abstract submissions for the conference.

Update: My bad: there are two conferences, not one. Here's Tassos Kaburakis:

Hi Mike and everyone. Quick clarification, as there's a lot going on in our field and in Istanbul this year:

Matt Mitten, Jim Nafziger, and other good colleagues will be speaking in the May 13-14 international sports law symposium hosted by the Istanbul University Comparative Law Center and the Turkish National Committee of the International Association of Legal Science. For convenience, here is the May program: http://www.kaburakis.com/wp-content/uploads/2010/04/program-1.pdf

The broader scope and more involved/open to participation International Sport Law & Business Conference (ISLBC) we are organizing with our Turkish colleagues is set for September, and a new Call is available through the website: http://istanbul2010.islbc.org/

I have been truly amazed by the interest and the quality level as the weeks evolve, and so far we have had many esteemed colleagues from the US, Europe, and beyond submit abstracts and express their desire to attend. Over April and May we will progressively announce conference presenters and keynote panelists. The sneak preview is that the latter have been key in ADR, CAS, US/International sport governance, and shaping legal theory, research, and strategy over the past 30+ years. With everything Istanbul offers this year and especially in September, one needs to seriously consider this opportunity. Keep checking the website for more ISLBC updates and September events news. More soon. Keep enjoying good work and a fantastic spring season.

Introducing Guest Blogger Jeff Levine

We're pleased that Jeff Levine will be a guest blogger for the next two weeks. Along with his legal practice, Jeff currently serves as a staff writer for the Business of Sports Network. He is a graduate of Tulane University Law School, and previously served in legal positions with the Cleveland Cavaliers and the Phoenix Coyotes. We look forward to his contributions.

Sports and politics, mixed

A recent study by National Media, Inc., a GOP firm (conducted by Scarborough USA, a joint project of Nielsen and Arbitron) found that dedicated sports fans tended to vote Republican than Democrat. The strongest Republican support was among fans of the PGA, college football, and NASCAR; strongest Democrat support was among fans of the NBA, WNBA, men's and women's tennis, and WWE (!). Fans of baseball, the NFL, and college basketball leaned Republican, but in somewhat closer numbers. The poll is based on 218,000 surveys conducted between August 2008 and September 2009.

Based in part on my interest in speech at sporting events, the connection between politics and sports (and sports fans) is of interest to me. The (likely) political make-up of the fan base at a game says a lot about what sorts of speech fans will tolerate from other fans at the game.

But I admit to being a bit surprised by the results, particularly the breakdown by individual sport. Although I probably should not be. Presumably white men make-up a big portion of sports fans and that group now tends to lean Republican. Conversely, perhaps women are more likely to self-identify as Democrats but less likely to be die-hard sports fans? There are presumptive geographic lines with some of the strongly GOP sports (NASCAR, bull riding) that map political lines. The college football and basketball numbers also are interesting. If (as I believe polling shows--I could be wrong) people with college degrees (or higher) lean Democrat, this poll suggests the people watching and rooting in those sports did not attend the colleges they are rooting for. Again, not a surprise, since the fan base for, say, Duke basketball or Florida football is broader than Duke student/alumni base. And a sport like college football again has geographic lines--it is probably most popular in the South and non-urban Midwest)--that map political lines. Finally, the size of the gap is surprising; if you look at the breakdown, Republicans enjoy a double-digit advantage among fans of most major sports (except baseball and pro basketball).

Maybe I just need a bigger circle. My closest friends and family all tend to be liberal Democrats who love sports.

Next Up in Selig's Free Stadium Game: Tampa Bay?

They've got a dynamic offense, a great new closer, and a 2008 World Series birth under their belt. Next up for the Rays: a new stadium?

According to the Tampa Bay Online, MLB Commissioner Bud Selig might involve himself in the stadium negotiations between Rays ownership and their municipality. (Geoffrey Rapp, Michael McCann and I were cited in this article).

This would be nothing new for Selig, who just last year helped Florida Marlins owner Jeffrey Luria to obtain a new publicly funded stadium.

I have written extensively about how professional sports leagues maintain an under-supply of teams to ensure public stadium financing. For example, in my law review article Sports and the City: How to Curb Sports Teams' Demands for Free Public Stadiums, I explain how the Florida Marlins pressured their municipality into providing huge subsidies by threatening to otherwise move to Las Vegas.

It will be interesting to see what develops in Tampa Bay. Until now, Rays owner Stuart Sternberg has not threatened franchise relocation. It is not clear, however, that Selig would follow the same classy approach.

(Cross-posted on SportsJudge Blog)