Here is an
article about Jeremy Tyler in which our friend Sonny Vacarro is quoted.Alan Milstein
In a remarkable Opinion, the Iowa Supreme Court declared unconstitutional that state’s ban on gay marriage. You can read the Opinion here.
Alan Milstein
Jennings mounts a quiet revolution while Madness reigns
By Vincent Thomas, for NBA.com
Posted Mar 27 2009 10:31AM
Instead of helping the resilient Arizona Wildcats maim the No. 1 seeded Louisville Cardinals on Friday, my favorite teenage ballplayer and best pro prospect will be toiling somewhere in the Mediterranean, which, in March basketball terms, is no different than floating in the ether. Forget Stephen Curry. The real injustice is that I don't get to watch Brandon Jennings out-flair and out-strut competition in the NCAA Tournament, all while resurrecting some retro haircut from the '80s just for the Madness. (Instead, I'll have to settle for Levance Fields and his cornrows. Not a bad Plan B, I guess.) Jennings, as we know, chose to go be a sports pioneer with a squad you probably never heard of in a country on the other side of the world. Some have likened the young cat to Jackie Robinson. We'll see.
For a pro basketball zealot like me, college basketball's main function is to sift through the glut of players and key in on the professional talent. It's a platform for me to conclude that, no, DuJuan Blair may not be Larry Johnson, but, yes, he's a pro talent; it allows me to determine if Hasheem Thabeet will more likely be a Dikembe Mutombo or Patrick O'Bryant.
In 1995, Kevin Garnett shook up decades of convention when he skipped the "college showcase" and jumped straight to the NBA. Others followed. But then, in 2005, commissioner David Stern, the owners and the Players Association put the young fellas -- no matter how precocious -- on ice and told them to go ball in college for a year before they came knocking at the league's door. Technically, there were other options, like prep school, the NBA D-League, etc. But we all know the unpaid realm of the NCAA was the true farm system. That was until Jennings took his ball, showmanship and evolving game to Italy to play for Pallacanestro Virtus Roma. His point guard peer, Jrue Holiday, will likely leave college after this season with barely a year's worth of college credits and relatively empty pockets. Jennings is reportedly being paid $1.2M to get a pro basketball baptism. His decision is groundbreaking in its defiance of the "system."
Rome is where ESPN writer Chris Broussard shadowed the youngster last summer and documented some of his struggles acclimating to a new societal and sports culture. Italy is also where Bryant Gumbel caught up with Jennings for a revealing segment on this month's Real Sports on HBO. Gumbel -- a journalist as venerable and serious as they come -- referred to Jennings as a "reluctant revolutionary." At one point he asked Jennings if playing in Rome was like "purgatory"; somewhere he was stuck because he wasn't "allowed" to go to NBA Heaven. Jennings shrugged, with a smile too honest, and said, "I guess. Yeah." Then Gumbel -- on a whim, but in hopes of casting some perspective -- added, "could be worse." "Yeah, it could be," the youngster said after a beat. "I could be in college ... I could be in class right now." It made Gumbel reel in laughter. I just sat in front of the TV, smiling, pumping my fist like I was Arsenio Hall or something.
For anyone that wants to get into wrangling about that comment's perceived lack of respect for education, and the deeper truths it reveals about the ambivalence that undoubtedly fuels the education gap facing the black community, it speaks to a more condemnable idea -- the sham of the "student-athlete" in big time college basketball. "One and done" is the new "straight to pro," only now the young savants don't get paid and end up flouting any real semblance of an academic mission. It has anti-establishment, pro-player antagonists like Sonny Vaccaro -- the man responsible for the rise of high-profile AAU ball and Jennings' broker in his deal with Roma -- excoriating the NBA and NCAA's relationship as an "unholy marriage" and old-school NCAA guardians like Bob Knight calling for the league to raise the age minimum.
Apparently, a one-year restriction is not enough. Some folks, including Stern, are seriously considering raising the league-mandated age minimum to 20 when the collective bargaining agreement is up in 2011.
I spoke to the Commish last season about a range of topics, focusing on how the league handled challenges and potential problems, only to come out years later in better shape than many of us predicted. With the NBA's image troubles in the rearview, I asked Stern why he would cause another potential uproar by challenging the age limit. Again. So soon.
He said, matter-of-factly, that he's not going to lose sleep over it, that it's always a negotiation, but that it's also something that he feels is in the owners' best interests. I won't argue that. But what about the young dudes?
With a possible lockout looming and players searching for areas of concession, it seems like denying access to non-union members and competition for finite roster spots might be among the first issues addressed. And, at that point, the legal precedent of Maurice Clarett's failed suit against the NFL and its three-year eligibility rule is an ominous sign for any teen looking to immediately put his talents to work in their "industry's" most financially rewarding and viable organization.
That's why Vaccaro would say, with a straight face, that Jennings has the opportunity to be a trailblazer on the level of The Trailblazer, Jackie Robinson. But that's only if Jennings' successors follow his lead.
This week's Newsweek cover story professes to be "The Thinking Man's Guide To Populist Rage." It details ways for government to harness the angst and outrage at all the bailouts and bonuses and private jets and other linchpins of greed and excess. Part of the umbrella question asks, "Do populist outbursts like the one sparked by the AIG bonuses represent a threat to capitalism?"
Ahhhh, the old Marxism threat of proletariat uprising. Obviously, I'm not advocating a hostile revolt. I don't realistically envision a mass exodus of athletes off college campuses to the D-League or overseas.
But, boy, would I love for a critical mass of "reluctant revolutionaries" to Be Like Brandon. Change the culture. Change the options. Do you, on your terms. After playing against grown men for the past few months with a pro contract, Jennings is already hundreds of thousands of dollars richer and a much tougher and prepared player for the competition and rigor of American professional basketball. And it's tough love overseas, too, with coaches like Jasmin Repesa and players calloused by everything from circumstances to previous failures.
It all rides on Jennings and where he falls in the Draft. While his peers are facing the high stakes of win or go home, Jennings faces a more selfless burden (albeit indirectly) of a Movement. If he's drafted high, his decision to play overseas will be a more attractive and feasible option for the John Walls and Jordan Hamiltons and any other brave soul.
So, yeah, I feel ripped off that I can't watch Jennings on the NCAA's grand stage. But I'm never one to begrudge a could-be revolution.
Vincent Thomas writes "The Commish" column for SLAM Magazine and is a contributing commentator for ESPN. His "From The Floor" column appears weekly on NBA.com. Vince invites your feedback at vincethomas79@gmail.com.
Here
is a Post over at Sports Log Blog
about an upcoming panel at Yale University where I will be a participating
panel member.
Yale
Law School Sports Litigation Panel
Next
Wednesday, February 25th, Yale Law School will be hosting a panel discussion on
sports litigation.
I
am honored to be moderating the event, which has some phenomenal speakers.
The
panel will take place from 4:10 to 6 p.m. and is open to the public.
Here
are the details:
Yale Law School
Yale Entertainment and
Sports Law Association hosts a Panel Discussion on Sports Litigation
February 25 2009 4:10 to
6:00 p.m.
Moderator:
MICHAEL MCCANN
(Professor at Vermont Law School; Legal Analyst at Sports Illustrated)
Panelists:
HAL BIAGAS (Deputy
Counsel, National Basketball Players Association; plays a lead role in
collective bargaining for players and has advised Stephon Marbury in his
on-going dispute with the New York Knicks)
BILLY MARTIN (has
litigated on behalf of Michael Vick, Allen Iverson, Jayson Williams, and other
athletes; has represented other notable clients, including U.S. Senator Larry
Craig and the parents of former White House intern Monica Lewinsky)
ALAN MILSTEIN (has
litigated on behalf of Maurice Clarett, Allen Iverson, Eddy Curry, jockey Eddie
King, and other athletes, and also a nationally-recognized expert on bioethics
and clinicial trials litigation)
JEFFREY MISHKIN
(has litigated on behalf of the National Basketball Association in all of the
league's key litigations over the last 20 years, including in NBA v. Williams
and NBA v. Motorola; formerly served as Executive Vice President and Chief
Legal Officer of the NBA)
JAY REISINGER (legal
adivser to Andy Pettitte and Sammy Sosa during Mitchell Report and
Congressional hearings on steroids; also represents MLB players in salary
arbitrations)
MICHAEL ZARREN
(Assistant Executive Director of Basketball Operations and Associate Counsel of
Boston Celtics; directs Celtics in legal matters, including those concerning
player contracts and endorsement and licensing deals; also plays a key role in
the evaluation of players)
Special
thanks to Michael Bloom, a 3L at Yale Law School and Co-Chair of the Yale
Sports and Entertainment Law Association, for putting this event together. For
information on attending, please contact Michael at michael.bloom[at]yale.edu
Alan Milstein
On Monday February 9, 2009, the New Jersey Senate Judiciary Committee passed legislation which requires palimony agreements to be in writing and signed to be enforceable. The legislation modifies N.J.S.A. 25:1-5, which requires that pre-nuptial agreements be in writing. The Statute provides: "A promise by one party to a non-marital personal relationship to provide support for the other party, either during the course of such relationship or after its termination" shall be in writing and signed by the party to be charged.
Palimony claims are expensive and difficult to litigate because the claims are intensely fact sensitive, unavoidably acrimonious and are not based upon express agreements.
To prove a case of palimony, the person seeking support must establish (1) that the parties are in a marriage-type relationship; (2) that, during this period of cohabitation, defendant promised plaintiff that he/she would support him/her for life; and (3) that this promise was made in exchange for valid consideration.
The principal of palimony rests on the notion that "a marital-type relationship is no more exclusively dependent upon one partner's providing maid service than it is upon sexual accommodation. It is, rather, the undertaking of a way of life in which two people commit to each other, foregoing other liaisons and opportunities, doing for each other whatever each is capable of doing, providing companionship, and fulfilling each other's needs, financial, emotional, physical and social, as best as they are able. And each couple defines its way of life and each partner's expected contribution to it in its own way." Levine v. Konvitz, 383 N.J. Super. 1, 3 (App. Div. 2006).
The law of palimony has been the subject of recent controversial decisions, which prompted the new legislation. In 2008, the 3rd Circuit Court decided, Carino v. O'Malley, which complicated this area of law by dispensing with the requirement that cohabitation is a necessary element to prove a claim for palimony.
The Statute provides certainty where, prior to the new legislation, litigating palimony claims was like a boxing match, one loses big and one wins big, but everyone comes out bloodied.
Matt Podolnick
This first appeared at Sports law Blog.
In a long awaited decision, an
Oliver challenged his suspension in the Court of Common Pleas of Erie County, Ohio, arguing among other things, that such a rule interfered with his attorney client relationship and was against public policy, kind words for a rule that is emblematic of NCAA hypocrisy and arrogance. The NCAA presumably wanted 18 year olds and their families to have to deal with professional clubs without professional help, thus limiting the ability to choose the best option between turning pro and remaining ineligible until the athlete’s junior year. Oliver also challenged his suspension under Bylaw 19.7, which essentially allows the NCAA to punish member schools if they do not immediately suspend an athlete the NCAA finds has violated one of its sacred By Laws.
Judge Tygh M. Tone’s Opinion is remarkable on several fronts. First, the Judge held that student athletes are third party beneficiaries to the agreements between the NCAA and its member schools and that the NCAA thus owes a duty of good faith and fair dealing towards student athletes. Those are concepts long missing from the manner in which the NCAA treats the kids on the playing fields and in the gyms on college campuses across this country. Second, the Judge declared NCAA By Law 12.3.2 “unreliable . . . capricious…illogical . . . and arbitrary” and declared it void and unenforceable. The Judge made a similar finding with respect to By Law 19.7, also declaring it void.
The Court then enjoined the NCAA from issuing any disciplinary action with respect to Mr. Oliver and announced the case would proceed to the next step of establishing damages Oliver suffered by the tawdry treatment he received from an institution thought to be impervious to the standards that govern the rest of us.
Alan Milstein
Polanski had long ago admitted having sex with a 13-year-old girl in Jack Nicholson's Mulholland Drive home in 1977 and pleaded guilty to a charge of unlawful intercourse with a minor. But on the eve of his sentencing, he fled to London believing the judge would send him to prison.
The request to dismiss the charge, is based largely on information revealed in a documentary titled "Roman Polanski: Wanted and Desired," broadcast in June on HBO. The film posited that the legal proceedings were tainted by backroom dealings between a media seeking judge and deputy district attorney.
Polanski's attorneys attached to their motion a
Alan Milstein
Divorce litigation has been characterized in many terms, none of which is attractive. Divorce, if nothing else, is emotional, complicated and expensive. Whether carving up 401(k)s, IRAs, and stock options, valuing businesses or tackling child custody, divorce litigation takes its toll on the parties and consumes all aspects of their lives.
Adding to the fire, a recent
The trial Judge found that the claim for intentional infliction of emotional distress is a separate and distinct claim and may proceed. The matter is complicated because a
It is important that the
Divorce litigation is already infused with exaggerations, distortions and vindictiveness. Allowing claims for damages will at the very least heighten these attributes and at the most cause our court system to grind to a halt. This is not to say that the Court’s should not figure a way to address alienation of affections. Suing the other spouse for damages, however may not be the most judicious way.
Matt Podolnick
Minnesota has become an odd crime capital. Yesterday, a story was circulated about sexual misconduct charges leveled at some male executives stemming from conduct at a Hilton Hotel banquet facility. Today, the Smoking Gun reports that a group of teenagers working at a Minnesota nursing home abused and sexually humiliated elderly residents suffering from Alzheimer's disease and dementia.
According to the report, six young female caregivers were named in criminal complaints charging them with a variety of cruel behavior. Apparently, nursing home residents were spat upon, spanked, improperly touched, and tormented by the teenager caregivers. These wonderful children allegedly poked one resident's breasts, spit into the mouth of another elderly person, and one caregiver in particular purportedly "put her bare butt" in the face of a nursing home resident, "inserted her finger into a resident's rectum," spit water on another "vulnerable adult," and would deliberately bathe a resident in a rough manner so the elderly man would become physically excited. The minor caregivers are charged with 11 criminal counts and face a year in jail.
This is actually insane.
John M. Hanamirian
A Colorado newspaper reports that a hunter thinking two gunshots with his .270-caliber rifle had killed a male deer he had hunted was woefully wrong. The hunter said the deer looked dead to him, but seconds later the nine-point, 240-pound animal came to life.
The deer apparently got up, knocked the hunter down and attacked him with his antlers. The deer ran a short distance and went down, and died after the hunter fired two more shots.
Soon thereafter, the report states, the hunter started feeling dizzy and noticed his vest was soaked in blood. He required seven staples in his scalp and was treated for a slight concussion and bruises.
The hunter described the ordeal as "15 seconds of hell." The deer was not fortunate enough to comment on how the gunshots affected him.
John M. Hanamirian
