Thursday, June 28, 2012

Do You Believe He Can Fly? Royce White and Reasonable Accommodations Under the Americans with Disabilities Act for NBA Players with Phobias

I have posted on SSRN an early draft of my forthcoming article in the Pepperdine Law Review: Do You Believe He Can Fly? Royce White and Reasonable Accommodations Under the Americans with Disabilities Act for NBA Players with Phobias.

The article is about Royce White, who is expected to be selected in the first round of tonight's NBA draft (rumors are the Celtics will pick him, though other teams are interested), and what impact his severe fear of flying will have on his NBA career. The article also considers the legal mechanisms that may be available to White under the Americans with Disabilities Act.

Here's an excerpt:

If fear of flying constitutes a disability for White under the ADA, he could argue that the NBA or his team should accept any reasonable request for accommodation. They may disagree about what constitutes "reasonable". Allowing White to take a train from Boston to New York City, or even a ship to Europe, would probably be reasonable so long as White does not miss meetings, practices or games. Then again, White as a rookie traveling alone, might not gain valuable insight from conversations with coaches and teammates or develop camaraderie with them.

Seemingly less reasonable would be allowing White to miss a road trip. Unless he is injured, suspended or assigned to the D-League (the NBA's minor league), White will be contractually obligated to play 82 regular season games, along with four to six pre-season games, up to 28 postseason games, and possibly a handful of summer league games. No player signs a standard contract to play in "some games." Consider the impact of such an arrangement on White's coach: if White's only an occasional player, his coach might struggle to set his rotation. On the other hand, professional leagues have carved out exceptions for players to miss road games. This has been true of NBA players recovering from injury. Gilbert Arenas, returning from a knee injury in 2009, was allowed a flexible schedule whereby he would play in all home games but only some road games. Other circumstances have led to similar arrangements. Last year the Central Hockey League allowed Rapid City Rush forward Brett Nylander, a second lieutenant in the Air Force, to only play home games because his military service limited travel.

Hope you have a chance to read this early draft and email me thoughts.

Age of Entry and NBA Success

Jun Woo Kim and I recently published a (non-legal) statistical article in the Journal of Quantitative Analysis in Sports that looks at age and NBA success. A link to the article can be found here. The abstract is below:

The NBA’s age eligibility rule is controversial. To examine the on-court efficacy of the NBA’s age eligibility rule, we test the effect of age of entry on NBA career performance. Our data set comprises the 332players selected in the first round of the NBA draft from 1989 and 2000. Using censored normal regression models, we found that players drafted at a relatively younger age have more successful NBA careers across three different metrics. To explore a beneficial effect of one year in college, group selection bias tests were conducted by comparing differences in career success between quasi-“one-and-done” players and players who entered the NBA straight out of high school. The results were consistent with our main analyses – players who moved into the NBA directly from high school generally perform better than players with a single year of college experience. We find no systematic evidence in support of the on-court efficacy of the NBA’s age eligibility rule.

Wednesday, June 27, 2012

Will The NBA's One-and-Done Rule Face Legal Challenge?

Myron Medcalf of has an extensive article on the NBA's minimum age requirement, which requires that U.S. players be 19-years-old plus one year removed from high school. He interviews several people for it, including such notable persons as Mike Krzyzewski, Mark Emmert, Rick Pitino, and Spencer Haywood, and far less notable persons, including me.

Here are my thoughts in the article:
Michael McCann, director of the Sports Law Institute at Vermont Law School, helped Maurice Clarett in his unsuccessful bid to enter the 2004 NFL draft after his freshman season at Ohio State.

He's an opponent of the current age requirement for NBA draft picks and conducted a study 10 years ago that revealed four-year players and high school athletes faced similar struggles as they transitioned to the NBA.

"A lot of players, relatively high draft picks who played four years of college, have struggled," McCann said. "I think that's because the college game is so much different."

If the NBA moves toward a two-year rule for players coming out of high school, more players might consider challenging the NBA's minimum age requirement on legal grounds. Although Haywood challenged the NBA alone, today's climate and the union protection attached to the rule might require a class-action lawsuit to gain any traction in the courts, McCann said.

"In terms of the NBA, if it were two years, maybe we would see more players come forward, feeling like it's worth challenging the age limit," he said. "The fact that it's only one year, a lot of players probably calculate that it's not enough to file a lawsuit against the league."

To read the rest, click here.

MLB's Paternity Leave List

MLB's new CBA has an interesting provision: a three-day paternity leave list. It allows a team to replace a player on its active roster for up to three days after having a child. MSNBC's Jacoba Urist has an excellent piece on the social and legal significance of this new policy.

Here's an excerpt:
By placing paternity leave squarely in the news (especially on sports sites that don’t usually cover pregnancy and parenting), and allowing players to take a bit of time from their grueling schedule to be with their new babies, Major League Baseball might be helping to pave the way for all the normal guys out there to ask for a week or two when their wives give birth.
To read the rest, click here.

Tuesday, June 26, 2012

Choosing your own decisionmaking process

At Sunday's Olympic Trials in the women's 100m, there was a tie for third place (the final spot on the team). And now the question is how to break the tie, with the options being a coin flip or a run-off between the two women, Allyson Felix and Jeneba Tarmoh. But it gets more complicated, because the choice is delegated to the runners: If they agree on a process, they use that. If they disagree on their preferences, they use a run-off. And if no one expresses a preference, they use a coin flip.

This raises a couple of interesting issues:

1) As discussed here, Olympic officials have avoided making a decision (and having to provide reasons for the decision) by delegating the choice to the participants, something judges typically are unable to do.

2) Is there any doubt that world-class athletes will choose the run-off? And, if so, why? Is it fear of randomness? Is there something unique about professional athletes?

3) Note the game theory element to this. If they state a preference and disagree, it's a run-off; if one or both decline to state a preference, it's a coin flip.

How to choose the right life insurance

Below are 5 suggestions that can help you make the right decision for you and your family.
  1. Research and compare. Use the web to shop. Ask for insurance quotes that include all options or riders so you know exactly what is available.
  2. Ask questions so that you know what you are getting. Agents or insurance organizations should be able to fully explain exactly what you are buying and why.
  3. Choose the type of insurance that fits you. Rates will depend on your age and health status.
  4. Consider life insurance for the whole family. Expenses that follow a death or serious illness or accident will add more stress to an already devastated family.
  5. Consider your life insurance as a fixed and non-negotiable expense in the same way you would your mortgage or car payment. It’s easy to consider life insurance as an 'investment' rather than a need.
Life insurance (term, whole life or variable universal life) can let you get on with the business of living while knowing that should the worst happen, your family is protected.

Choosing the right key
Choosing the right key. Credits: Tamahaji

Monday, June 25, 2012

New Sports Law Scholarship

Recently published scholarship includes:
Douglas E. Abrams, Player safety in youth sports: sportsmanship and respect as an injury-prevention strategy, 22 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 1 (2012)

Roger I. Abrams, Early baseball and the urban political machine, 5 ALBANY GOVERNMENT LAW REVIEW 1 (2012)

Gene W. Allen, Negotiating, drafting, and implementing naming rights agreements, 86 NORTH DAKOTA LAW REVIEW 789 (2010)

Thomas A. Baker III et al., Football v. Football: A Comparison of Agent Regulation in France’s Ligue 1 and the National Football League, 2 PACE INTELLECTUAL PROPERTY, SPORTS & ENTERTAINMENT LAW FORUM 1 (2012)

Emily Battersby & Wolfgang G. Robinson, Paradise lost: media in injustice and injustice in media, 22 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW 29 (2012)

Raymond Belliotti, Billy Martin and jurisprudence: revisiting the Pine Tar Case, 5 ALBANY GOVERNMENT LAW REVIEW. 210 (2012)

Christian H. & Howard W. Brill, Take me out to the hearing: Major League Baseball players before Congress, 5 ALBANY GOVERNMENT LAW REVIEW 90 (2012)

Winston J. Busby, Comment, Playing for love: why the NCAA rules must require a knowledge-intent element to affect the eligibility of student-athletes, 42 CUMBERLAND LAW REVIEW 135 (2011-2012)

Michele Colucci, & Arnout Geeraert, The “social dialogue” in European professional football, 33 COMPARATIVE LABOR LAW & POLICY JOURNAL 203 (2012)

Marc Edelman, Upon further review: will the NFL’s trademark licensing practices survive full antitrust scrutiny? The remand of American Needle, 16 STANFORD JOURNAL OF LAW, BUSINESS & FINANCE 183 (2011)

Ed Edmonds, Arthur Soden’s legacy: the origins and early history of baseball’s reserve system, 5 ALBANY GOVERNMENT LAW REVIEW 38 (2012)

Gabe Feldman, Brady v. NFL and Anthony v. NBA: The shifting dynamics in labor-management relations in professional sports, 86 TULANE LAW REVIEW 831 (2012)

Michael J. Fabrega, Comment, The California Supreme Court’s insertion of a no-duty rule into the field of sports torts: a futile exercise achieving inequitable results, 33 WHITTIER LAW REVIEW 181 (2011)

David Fagundes, Talk derby to me: intellectual property norms governing roller derby pseudonyms, 90 TEXAS LAW REVIEW 1093 (2012)

Henry D. Fetter, From flood to free agency: the Messersmith-McNally arbitration reconsidered, 5 ALBANY GOVERNMENT LAW REVIEW 156 (2012)

Joseph Z. Fleming, “Just like umpires”: why Chief Justice Roberts correctly relied on baseball to describe the Supreme Court of the United States, 5 ALBANY GOVERNMENT LAW REVIEW 286 (2012)

Matthew J. Frankel, Secret sabermetrics: trade secret protection in the baseball analytics field, 5 ALBANY GOVERNMENT LAW REVIEW 240 (2012)

Daniel Gandert & Fabian Ronisky, American professional sports is a doper’s paradise: it’s time we make a change, 86 NORTH DAKOTA LAW REVIEW 813 (2010)

Elisia J.P. Gatman, Academic exploitation: the adverse impact of college athletics on the educational success of minority student-athletes, 10 SEATTLE JOURNAL FOR SOCIAL JUSTICE 509 (2011)

Neil Gibson, Note, NCAA scholarship restrictions as anticompetitive measures: the one-year rule and scholarship caps as avenues for antitrust scrutiny, 3 WILLIAM & MARY BUSINESS LAW REVIEW 203 (2012)

James R. Hoy, Constitutional law—separation of powers: the North Dakota Supreme Court balances the constitutional authority of the State Board of Higher Education, the State Legislature, and the judiciary, 86 NORTH DAKOTA LAW REVIEW 905 (2010)

J. Gordon Hylton, Before Redskins were the Redskins: the use of Native American team names in the formative era of American sports, 1857-1933, 86 NORTH DAKOTA LAW REVIEW 879 (2010)

Christopher Immormino, Note, I’m gonna knock you out: why physical force is a legitimate form of dispute resolution, 27 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 207 (2012)

Suzanne Janusz, Comment, The NFL’s strict enforcement of its personal conduct policy for crimes against women: a useful tool for combating violence or an attempt to punish morality?, 22 SETON HALL JOURNAL OF SPORTS & ENTERTAINMENT LAW. 93 (2012)

Eric E. Johnson, The NFL, intellectual property, and the conquest of sports media, 86 NORTH DAKOTA LAW REVIEW 759 (2010)

Allison A. Kotula, Note, A win-win scenario: using the gold standard to improve the World Cup’s Green Goal Initiative, 36 WILLIAM & MARY ENVIRONMENTAL LAW & POLICY REVIEW 565 (2012)

Michael H. LeRoy, The narcotic effect of antitrust law in professional sports: how the Sherman Act subverts collective bargaining, 86 TULANE LAW REVIEW 859 (2012)

Martin L. Levy, High school baseball, the NCAA, and Major League Baseball: “a reality show”, 5 ALBANY GOVERNMENT LAW REVIEW 332 (2012)

Morgan Marcus, Comment, A delayed penalty: the implications of the Ilya Kovalchuk arbitration decision on the National Hockey League, 45 JOHN MARSHALL LAW REVIEW 145 (2011)

John R. Maney, Train wreck (of the I-AA), 14 VANDERBILT JOURNAL OF ENTERTAINMENT AND TECHNOLOGY LAW 279 (2012)

Patrick J. McAndrews, Keeping score: how universities can comply with Title IX without eliminating men’s collegiate athletic programs, 2012 BRIGHAM YOUNG UNIVERSITY EDUCATION & LAW JOURNAL 111.

Christopher McNair, Note, Edward C. v. City of Albuquerque: the New Mexico Supreme Court balks on the baseball rule, 41 NEW MEXICO LAW REVIEW 539 (2011)

Charles S. Michels, Note, Major League Baseball and the National Collegiate Athletic Association: private lotteries and enforceable contracts, 14 VANDERBILT JOURNAL OF ENTERTAINMENT AND TECHNOLOGY LAW 395 (2012)

Matthew J. Mitten, From Dallas Cap to American Needle and beyond: antitrust law’s limited capacity to stitch consumer harm from professional sports club trademark monopolies, 86 TULANE LAW REVIEW 901 (2012)

Jeffrey Mongiello, Student article, Title II and high school athletics age limits: individualized assessments for student-athletes with disabilities after Martin, 89 UNIVERSITY OF DETROIT MERCY LAW REVIEW 35 (2011)

Jason Navia, Comment, Sitting on the bench: the failure of youth football helmet regulation and the necessity of government intervention, 64 ADMINISTRATIVE LAW REVIEW 265 (2012)

Timothy G. Nelson, Comment, Flag on the play: the ineffectiveness of athlete-agent laws and regulations—and how North Carolina can take advantage of a scandal to be a model for reform, 90 NORTH CAROLINA LAW REVIEW 800 (2012)

Jerry R. Parkinson, Scoundrels: an inside look at the NCAA infractions and enforcement processes, 12 WYOMING LAW REVIEW 215 (2012)

Brett H. Pavony & Jaia Thomas, For the Love of the Name: Professional Athletes Seek Trademark Protection, 2 PACE INTELLECTUAL PROPERTY, SPORTS & ENTERTAINMENT LAW FORUM 153 (2012)

Mary Margaret Penrose, Tattoos, tickets, and other tawdry behavior: how universities use federal law to hide their scandals, 33 CARDOZO LAW REVIEW 1555 (2012)

Jason J. Ranjo, Note, Game over?: the potential demise of the Professional and Amateur Sports Protection Act, 42 RUTGERS LAW JOURNAL 213 (2010)

Michael Rosen, Constitutional implications of Title IX compliance in colleges and universities, 18 CARDOZO JOURNAL OF LAW & GENDER 503 (2012)

Stephen F. Ross, Radical reform of intercollegiate athletics: antitrust and public policy implications, 86 TULANE LAW REVIEW 933 (2012)

Arline F. Schubert, A taxpayer’s and a politician’s dilemma: use of eminent domain to acquire private property for sport facilities, 86 NORTH DAKOTA LAW REVIEW 845 (2010)

Grant H. Shaft, Implementing the settlement of State of North Dakota v. National Collegiate Athletic Association, 86 NORTH DAKOTA LAW REVIEW 747 (2010)

David L. Snyder, The Cobra’s contract: revisiting Dave Parker’s 1979 contract with the Pittsburg Pirates, 5 ALBANY GOVERNMENT LAW REVIEW, 188 (2012)

Wayne Stenehjem, & Matthew Sagsveen, Let’s go sue: the Attorney General’s historical perspective on State of North Dakota v. National Collegiate Athletic Association, 86 NORTH DAKOTA LAW REVIEW 711 (2010)

John Thorn, 2011 Edward C. Sobota Memorial Lecture. It’s a wise child that knows its father: a search for baseball’s origin, 5 ALBANY GOVERNMENT LAW REVIEW 27 (2012)

Anthony Torrente, The dark side of professional baseball: the fall of Barry Bonds, 5 ALBANY GOVERNMENT LAW REVIEW 352 (2012)

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

Brant Webb, Unsportsmanlike conduct: curbing the trend of domestic violence in the National Football League and Major League Baseball, 20 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & LAW 741 (2012)

Jack F. Williams et al., Public financing of green cathedrals, 5 ALBANY GOVERNMENT LAW REVIEW 123 (2012)

Ray Yasser, The case for reviving the four-year deal, 86 TULANE LAW REVIEW 987 (2012)

Life insurance: In simple English

I found this article from the internet and I thought it best described life insurance.


I am a piece of paper, a drop of ink, and a few pennies of premium.
I am a promise to pay.
I help people see visions, dream dreams, and achieve economic immortality.
I am education for the children.
I am savings.
I am property that increases in value from year to year.
I lend money when you need it most, with no questions asked.
I pay off mortgages so that the family can remain together in their own homes.
I allow people to dare to live and to die responsibly.
I create money where none existed before.
I am the great emancipator from want.
I guarantee the continuity of a business.
I conserve the employer’s investment.
I am tangible evidence that a man is a good husband and father, and that a woman is a good wife and mother.
I am a declaration of financial independence and economic freedom.
I am the difference between an old man or woman and an elderly gentlemen or lady.
I provide cash if illness, injury, old age, or death cuts off the breadwinner’s income.
I am the only thing that can be bought on the installment plan that a family doesn’t have to finish paying for.
I am protected by laws that prevent creditors from assessing the money I give to loved ones.
I bring dignity, peace of mind, and security to the family.
I supply investment capital that makes the wheels turn and the motors hum.
I guarantee the financial ability to have happy holidays and the laughter of children—even though father or mother is not there.
I am the guardian angel of the home.
I am life insurance.

*Courtesy from the Life Foundation site.

Life Insurance
Insurance. Credits: lifeinsurance89441

Saturday, June 23, 2012

The sports world marked today's 40th anniversary of Title IX by showing a lot of women's sports on TV, including Olympic trials in a number of sports (such as diving and track) and a marathon of WNBA games.

I also caught a new Nike ad, titled Voices. It features close-up shots of basketball players Diana Taurasi and Lisa Leslie, boxer Marlen Esperaza, and marathoner Joan Benoit Samuelson (who I still remember winning the first Olympic women's marathon in Los Angeles in 1984, wearing a white painter's cap) talking about the obstacles and challenges they faced growing up and starting to play sports (notably, each at different ages and stages of Title IX's 40-year history). Those head shots are interspersed with shots of young girls in uniform lip-synching their comments. This ad can be seen as the successor to Nike's famous 1995 If You Let Me Play (regarded by many as one of the all-time best ads). Both can be seen after the jump.

In watching them, note the new rhetoric and narrative. The earlier ad is trying to convince the viewer to let women and girls play by citing all the instrumental benefits that come with participation in sports (better grades, self-confidence, health, etc.). The new ad says that women and girls do and should play simply because they want to. Oh, and because they're really freaking good. This strikes me as progress.


If You Let Me Play:

Jerry Sandusky: Guilty

Here's my column for on the guilty verdict and what it means going forward.

Friday, June 22, 2012

Supreme Court Punts on Broadcast Indecency

Yesterday, the high court issued its long-awaited opinion in FCC v. Fox Broadcasting, 567 U.S. ____ (2012). In its unanimous opinion, the panel gave broadcasters a temporary victory by invalidating the present indecency standards as constitutionally vague based on lack of adequate notice, but failed to consider whether there is a rationale for instituting them in the first place. I have written about the effect that the latest interpretation of the rules, which were expanded to prohibit "fleeting expletives," can cause undue harm to over the air broadcasts of sports events where single instances of the f-word or other such language may be picked up and broadcast.

The litigation saga of the case covers two Supreme Court rulings and several appeals court rulings. In Fox I, 556 U.S. 502 (2009), the court only addressed administration law claims, concluding that the new rules -- which significantly changed enforcement of the standards from the "7 dirty words" and contextual applications of profane speech over the years to a one-word wonder, was not arbitrary and capricious, but reserved the First Amendment questions for another day. On remand, Second Circuit concluded that the standards were unconstitutional, 613 F. 3d 317 (2010) and this appeal ensured.
The court, in what could be called Fox II, focused on the more narrow question of the constitutionality of the promulgation of the regulations, but not the free speech implications of the fleeting expletive standard. Ideally, the question of the due process of the manner in which the policy was enacted could have been addressed in the earlier opinion because it is so dovetailed with the administrative law issues. But it was not, since the Second Circuit did not address those questions at that time when it ruled on the administrative law issues in 2007.
This time around, Justice Kennedy, writing for the court, focused on the void for vagueness and lack of notice issues. At the time of the violations in question -- which did not involve a sports broadcast, but rather a show of nudity on an episode of ABC's "NYPD Blue" and the use of one-time f-words by Cher and Nicole Ritchie on two separate Billboard Music Awards show broadcast by Fox -- no notice of the change of policy was made. While the restrictions on "obscene and indecent" broadcasts are based on statute -- 18 USC 1464 -- the interpretation of the scope of that statute has been the province of the FCC for six decades. The commission essentially backpedaled its way into the new rules, since in 2001 it was FCC policy that the single use of a profanity was not enough to show indecency, while in 2004, after these incidents, the commission changed course in a 2004 order.
The court stopped there, however, noting that the First Amendment questions need not be addressed at this time -- much to the consternation of Justice Ginsburg, who argued in concurrence that they should have been determined. That means that the Pacifica ruling upholding the FCC's right to regulate indecency stands and the commission has the power to issue new indecency rules and it is likely that yet another round of challenges will occur. Sports broadcasters should not get rid of their time-delay machinery just yet.

What people think about life insurance

Last year, I attended a Financial Literacy Workshop at the Philippine Supreme Court hosted by Mr. Rolly Robles, my RFP teacher, along with his team.  It was a great workshop because it made the Philippine Supreme Court staff learns how to save, spend as well as understand the importance of investing their money wisely.

One of the activities in the workshop caught my attention. It is about a person’s perception.

Check the the image (fig 1) below. What do you see? Make a wild guess.

                                      fig 1

Yes, I also see a frog. What comes into your mind when you think of a frog?
  • It is ugly.
  • It is slimy and gross.
  • It eats mosquitoes and flies; so, it is in a way helpful to us.

Aside from the frog, what else do you see? At that time, I thought I saw a fried chicken. I guess hunger could be a factor why one can see a chicken with the image of the frog. :)

When you angle the image above, below (fig 2) is the image of what will appear. What do you see now?

                                  fig 2

Yes! It is a horse. What comes into your mind when you see a horse?
  • It is elegant.
  • It is powerful.
  • It helps human in travel and labor work; so, it is helpful.

To perceive is “to become aware of through the senses.” The above sample is just a preview on how human minds perceive or conclude an understanding of any objects based on what is seen by their naked eyes.

The dual view also presents how some people perceive financial planning and insurance. Often times, we thought saving for retirement or buying an insurance policy is an added expense to the already piling expenses we have at home.

Like the Frog or Horse illusion above, there are a lot of misconceptions or negative thoughts attached to "insurance".
  • Life insurance will bring misfortune to ones’ lives since it talks about death, disability and sickness.
  • Life insurance is just another expense on the list.
  • Life insurance is only good for the beneficiaries since money will be claimed upon death of the insured.
Unfortunately, many people don’t realize the importance of life insurance until it’s too late.

Concept of life insurance:
  • To protect those who depend on your paycheck, such as your wife, children and quite possibly, your parents.
  • To provide ongoing income to your dependents, until they are able to live comfortably without it in case you die prematurely.
  • To provide emergency support (in some cases) for legal, medical and funeral costs, should family savings not be sufficient to cover them.
Imagine yourself gone tomorrow; what would the immediate impact on your family be – financially speaking? Could they afford the immediate / current expenses? Who would pay the home mortgage? Who would pay for the educational expenses?

At this stage in your life, if you still don’t have life insurance, maybe it’s time to consider getting one.

Images from Mo Illusions

Thursday, June 21, 2012

Philippines top 40 richest people

The top 40 richest in the Philippines are:

  1. Henry Sy - $9.1 billion (SM Prime)
  2. Lucio Tan - $4.5 billion (Phillip Morris Fortune Tobacco)
  3. Enrique Razon Jr. - $3.6 billion (International Container Terminal Services)
  4. John Gokongwei Jr. - $3.2 billion (JG Summit)
  5. David Consunji - $2.7 billion (DMCI)
  6. Andrew Tan - $2.3 billion (Alliance Global)
  7. Jaime Zobel de Ayala - $2.2 billion (Ayala Corp.)
  8. George Ty - $1.7 billion (Metropolitan Bank)
  9. Roberto Ongpin - $1.5 billion (Atok-Big Wedge)
  10. Eduardo Cojuangco Jr. - $1.4 billion (San Miguel)
  11. Roberto Coyiuto Jr. - $1.3 billion (National Grid)
  12. Tony Tan Caktiong - $1.25 billion (Jollibee Foods)
  13. Lucio and Susan Co - $1.2 billion (Puregold Price Club)
  14. IƱigo and Mercedes Zobel - $1.15 billion (Ayala Corp.)
  15. Emilio Yap - $1.1 billion (Philtrust Bank)
  16. Jon Ramon Aboitiz - $955 million (Aboitiz Equity Ventures)
  17. Andrew Gotianun - $825 million (Filinvest Development)
  18. Manuel Villar - $720 million (Vista Land and Lifescapes)
  19. Beatrice Campos - $700 million (Unilab)
  20. Vivian Que Azcona - $690 million (Mercury Drug)
  21. Alfonso Yuchengco - $570 million (Rizal Commercial Bank)
  22. Mariano Tan Jr. - $420 million (Unilab)
  23. Enrique Aboitiz - $400 million (Aboitiz & Co.)
  24. Eric Recto - $365 million (Alphaland)
  25. Jose Antonio - $300 million (Century Properties Group)
  26. Gilberto Duavit - $270 million (GMA Network)
  27. Menardo Jimenez - $265 million (GMA Network)
  28. Frederick Dy - $260 million (Security Bank)
  29. Manuel Zamora Jr. - $255 million (Nickel Asia)
  30. Alfredo Ramos - $$250 million (Atlas Consolidated Mining and Development)
  31. Oscar Lopez - $245 million (ABS-CBN)
  32. Felipe Gozon - $240 million (GMA Network)
  33. Betty Ang - $235 million (Monde Nissin)
  34. Wilfred Uytengsu Jr. - $230 million (Alaska Milk)
  35. Juliette Romualdez - $200 million (Banco de Oro)
  36. Bienvenido Tantoco Sr. - $195 million (Rustan Commercial)
  37. Jacinto Ng Sr. - $190 million (Rebisco)
  38. Tomas Alcantara - $160 million (Alsons Consolidated Resources)
  39. Michael Cosiquien - $150 million (Megawide Construction)
  40. Edgar Sia II - $140 million (Mang Inasal)
Reference : Forbes Asia's Top 40 Richest People in the Philippines

Wednesday, June 20, 2012

Jerry Sandusky: Closing Arguments and Jury Deliberations

I have a new column for on the Jerry Sandusky trial coming to a close and what to expect.

Commercial Speech in Sports Advertising

One of the most important revenue streams in the sports industry is from advertising. The concept is simple -- an advertisement is created and placed, generally in exchange for a fee. But commercial speech rules and restrictions can influence what goes into an advertisement, whether an advertisement can be placed at all, and what the potential liability is for the advertiser.

Two recent cases demonstrate the impact of commercial speech in sports.

The first involves Michael Jordan and the Jewel-Osco grocery store chain, which was asked to place an advertisement in a special issue of Sports Illustrated honoring Jordan. The ad contained a Jewel-Osco logo and congratulated Jordan from a "fellow Chicagoan." Jordan sued, claiming that the ad explored his name and likeness for commercial gain without his permission. The court, however, found that the ad was in fact not an ad because it did not promote Jewel products or services. The "ad" therefore was not commercial speech and thus entitled to the full protections of the First Amendment. Jewel was thus not liable to Jordan, but it took a litigation to confirm its rights.

The second case involves the Family Smoking Prevention and Tobacco Control Act, passed in 2009. The statute bars tobacco manufacturers from promoting their brands through sponsorship of athletic, social and cultural events in the brand name of a tobacco product. On March 2012, the Sixth Circuit Court of Appeals upheld the sports sponsorship ban, finding that the statute directly advanced the Government's interest in reducing tobacco use by youth.

Advertising is simple, but, as these cases demonstrate, advertisers need to consider the possible impact of commercial speech principles while planning some advertising campaigns.

Top 10 world's billionaires

Forbe's listing of world's top 10 billionaires:
  1. Carlos Slim Helu & family - $69 B (telecom, Mexico)
  2. Bill Gates - $61 B (Microsoft, United States)
  3. Warren Buffett - $44 B (Berkshire Hathaway, United States)
  4. Bernard Arnault - $41 B (LVMH, France)
  5. Amancio Ortega - $37.5 B (Zara, Spain)
  6. Larry Ellison - $36 B (Oracle, United States)
  7. Eike Batista - $30 B (mining, oil, Brazil)
  8. Stefan Persson - $26 B (H&M, Sweden)
  9. Li Ka-shing - $25.5 B (diversified, Hong Kong)
  10. Karl Albrecht - $25.4 B (Aldi, Germany)
Reference: The World's Billionares

Saturday, June 16, 2012

WEAI Conference - Sports Economics on Trial

The 87th Annual WEAI conference takes place June 29 to July 3 in San Francisco. There are 21 sports-related sessions with over 70 individual papers being presented. Two sports law-related panels are also included. The complete program can be found here. I will be moderating a panel entitled "Sports Economics on Trial." The panelists and abstract can be found below.

SportsEconomics on Trial

Ryan Rodenberg (moderator)
FloridaState University

Dennis Coates (panelist)
Universityof Maryland, Baltimore County

John Solow (panelist)
Universityof Iowa

Jeffrey Standen (panelist)
WillametteUniversity College of Law

Jonathan Walker (panelist)


The sports industry has firmly embraced the use of economic analysis in various decision-making processes. Such methods have similarly been adopted in the sports law field. Moderator Rodenberg will open with a discussion of Federal Rule of Evidence 702 and an anecdotal story about the expert testimony offered in Kentucky Speedway v. NASCAR, a prominent antitrust case. Individual panelists will then move todiscuss how sports economics is used in the courtroom. First, panelist Coates will explain how expert testimony shaped the Seattle Sonics economic impact lawsuit and provide an overview of the amicus brief filed by economists in support of petitioner in the American Needle v. NFL case when it was before the U.S. Supreme Court in 2010. Second,panelist Standen will discuss the American Needle arguments outlined in an amicus brief filed by economists in support of the respondent. More generally, Standen will posit on expert testimony that has been persuasive in sports litigation and what attorneys look for when retaining economists as expert witnesses. Third, panelist Walker will generally outline how the law and economics movement has impacted antitrust cases affecting the sports industry. More specifically, Walker will discuss his role as an expert in several high-profile sports lawsuits, including the recently-resolved Deutscher Tennis Bundv. ATP World Tour case. Fourth, panelist Solow will discuss Daubert v. Merrill Dow,the seminal U.S. Supreme Court opinion pertaining to the admissibility of expert testimony, with a particular emphasis on antitrust litigation. Each panelist will conclude by opining on how the American Needle v. NFL case will likely be resolved if it goes to trial in 2012 or2013.

Thursday, June 14, 2012

Armed Forces Used Car Buying Guide

Buying a second hand car can be a great choice as it allows you to save money in the knowledge that someone else has paid for the early years of vehicle depreciation. What's more, as cars have become increasingly reliable over the years and engines have greater longevity, many second hand cars are barely run in by the time they are placed on the used car market.
However, when you decide that you wish to take the used car route to buying a new car for yourself, you'll want to make sure that you're getting not just a top quality but also value-for-money from a reputable dealer. While cars have improved beyond all recognition over the years, there are still dodgy car dealers around!
So the first point in our used car buying guide for the military is that you should carefully think about what you can afford to spend and whether you want to purchase the car outright or buy one using a finance agreement. Historically, finance has been difficult to arrange if you are a member of the military, especially if you are living on a military base or are not on the voters role. But nowadays special finance packages are available that usually overcome this problem and allow military personnel to buy the car they want as easily as any person on civvy street.

Getting car insurance used to present a problem for military personnel, but insurance is available nowadays from firms that understand the military lifestyle and this even extends to insurance deals that provide laid up cover while you are on tour.
So, now you know that financing and insuring your new car is unlikely to present you with any difficulties, you can enjoy yourself shortlisting the make and model of cars that will suit your lifestyle. Take time to read reviews of the cars you are interested in on websites and the motoring press. Also take special note of owner reviews on car forums to find out if there are any long-term problems with car ownership with specific vehicles.
The final step is to find a used car dealer who understands the needs of the military and can provide you with a package that will take care of financing if you need it and insurance. They should be able to provide you with a wide choice of vehicles that have been subjected to a comprehensive check and provide you with an extended warranty for your peace of mind.
Together, these benefits really do make buying a new used car if you are in the military an enjoyable and stress-free experience.

Wednesday, June 13, 2012

All politics is local, some of it is microscopic

Primary voters in North Dakota yesterday voted in favor of legislation that will allow the state Board of Education to retire the controversial Fighting Sioux nickname of the University of North Dakota.
The NCAA has been pressing UND to get rid of its logo and nickname for several years because it deems it offensive to American Indians; schools that continue to use offensive nicknames are barred from hosting NCAA tournament events and cannot use the name and logo in NCAA tournament play.

The state was unable to get approval for continued use of the name from the two area nations, Standing Rock and Spirit Lake Sioux; the latter passed a resolution supporting the nickname but the latter never held a vote. In 2011, the North Dakota legislature passed a law requiring the school to continue using the nickname, but that law was repealed in a special session. A group supporting the nickname then gathered the signatures necessary to challenge the repeal law on the ballot. This now sends the matter back to the Board of Ed., which is expected to change the name.

That is, unless nickname supporters succeed in making the Fighting Sioux nickname a constitutional requirement. Yep, the next move, which supporters say they are going to pursue, is a popular constitutional amendment to amend the state's structural charter to require a university to use a particular nickname and logo. Needless to say, I don't expect to see this particular proposla in Slate's discussion of How to Fix the Constitution. I do not have skin in this nickname dispute; I do not believe that using Indian tribe names and titles (as opposed to, for example, "Redskins")  is inherently offensive and perhaps the NCAA is overreacting (shocking, I know). But this cannot be the sort of even symbolic issue that has any place in a state constitution.

One other touch to this report, also reflective of every political dispute: Sean Johnson, spokesman for the group supporting the ballot measure, pointed out that they were outspent by the other side. It is now virtually guaranteed that the loser in any election, particularly on issue refenda and initiatives, will point out how badly it was outspent. This has become the electoral equivalent of calling the judge in a case "activist": If I lose, it must be because someone (the judge, the other side) did something wrong or untoward.

Tuesday, June 12, 2012

Boxing and the definition of sport

For those of us who like to debate the Platonic ideal of what is sport, boxing creates the second biggest conundrum after golf (which everyone seems to want to define out). Last weekend's fight between Manny Pacquiao and Tim Bradley, in which Bradley won a split decision that has been universally derided as wrong to the point of being corrupt (the promoter of the fight has called on the Nevada Attorney General to investigate), brings the issue back up.

One of the four elements to my preferred definition of sport is objective scoring. This means points are awarded and winners determined based on objective criteria, rather than through "judging," which involves inherently subjective and usually undefined (and undefinable) criteria such as "artistic merit" or "whichever fighter you would not have wanted to be in a given round" (an oft-accepted standard for judging in boxing). One way to distinguish this is to ask whether the judge could explain his conclusion in a way likely to convince anyone who watched the fight and initially reached a different conclusion.

So what of boxing? Fights obviously can and often do end by knockout, the ultimate objective determination. But, as here, they often end on a decision by judges who exercise completely unchecked decision applying a standard that, quite literally, has no determinative criteria beyond "which guy won?". This contrasts with amateur boxing, in which judges look to who landed the most punches, an objective standard (although of course subject to manipulation and error). We could tweak the definition to include boxing by defining this element as "objective scoring, or at least the possibility of determining a winner by something other than subjective judging." So the possibility that a fight could be decided objectively is enough, even if some fights are decided via subjective judging. But it is hard to call something a sport (as opposed to a contest or competition or exhibition) after a fight like this one, in which you have the feeling that things were decided by people who were just making things up, but you could not, in fact, explain why.

Monday, June 11, 2012

Athletes as Owners

Over the last few weeks a number of high-profile athletes have announced their involvement with a bid for a sports franchise or their own apparel line: Phil Mickelson announced that he has joined a group bidding to purchase the San Diego Padres and Caroline Wozniacki announced her own underwear line in conjunction with a Danish company. On the other end of the athlete-ownership spectrum is Terrell Owens, whose contract and ownership stake with an Arena Football League team were recently terminated, reportedly as a result of his failure to attend certain team promotional events. There is nothing new about athletes having their own clothing line, or brand, or having an equity position in a venture but these developments with high-profile athletes highlight important issues.

First, it is increasingly common for athletes to not just simply be product endorsers for a fee but to obtain an equity position in the entity producing the product. Tom Brady (Under Armour) and David Wright (Vitamin Water) are additional examples of athletes taking equity in the company whose product they endorse. For the athlete, there is an advantage of having the potential to earn far greater financial rewards if the product becomes a financial success than through an endorsement fee. For the company, the advantage lies in tying the athlete to the company for the long-term and possibly paying the athlete less in cash by giving an equity position. This kind of deal can thus be particularly attractive for a new company with potential but not a lot of cash yet or a company that wants to make a splash through a celebrity association.

Second, giving an athlete an equity stake makes morals clauses, or a variant thereof, an important negotiating issue. The concept behind athlete endorsements is at least in part that their association with a product or brand will increase its visibility and financial success. If the athlete/owner subsequently is embroiled in scandal, the rationale for using him or her as an endorser may be reduced, if not eliminated, but what appends to their equity ownership? Is it retained? Forfeited? Subject to repurchase by the company at its option pursuant to a set price or formula?

A few years ago a client I was working with, a small company that sought to make a splash, considered giving equity ownership to a professional athlete. The deal ultimately didn't happen, fortunately, because just a few months later the athlete engaged in improper conduct and his marketing value had significantly diminished. The ramifications to the company for being tied to an athlete who had fallen into disrepute would have been severe. There is no doubt that athlete equity in their ventures will increase.

In order to protect the company providing the equity stake, care must be given to associating with an athlete who is unlikely to end up in a scandal. Drafting the endorsement/equity participation agreement should also be done so that the company is protected in the event the athlete falls into disrepute.

Wednesday, June 6, 2012

Musburger and the 1968 Olympics

Dave Zirin has a column at The Nation calling on Brent Musburger to apologize for the column he wrote for the Chicago American criticizing Tommie Smith and John Carlos after their protest at the 1968 Olympics. (H/T: Deadspin. Zirin reprints Musburger's column, which he uncovered after some digging, in full).

In the column, Musburger referred to them as "a pair of black-skinned stormtroopers" and their protest as "juvenile," "ignoble," and "unimaginative." He also belittled their efforts to explain their protest, saying, more-than-somewhat condescendingly, that "[p]erhaps it’s time 20-year-old athletes quit passing themselves off as social philosophers.” In a 1999 documentary on the '68 games, Musburger acknowledged that his words were "a bit harsh," but questioned the value of the protest. He is quoted as saying: "Did it improve anything?' . . . Smith and Carlos aside, I object to using the Olympic awards stand to make a political statement.''

A couple of thoughts.

First, I'm not sure of the answer to Zirin's basic point about an apology. Most of the mainstream (read: white) sports media were critical of Smith and Carlos. In fact, sports reporters were harshly critical of all the athletes in the late '60s and early '70s who were speaking out on social issues, especially race, seeking greater freedom, greater negotiating power, etc. Muhammad Ali was not a beloved media figure around this time. While Musburger's rhetoric is particularly harsh (especially the "stormtrooper" thing), he was writing what most everyone else was writing and saying, especially in its condescending tone. So if we demand an apology from Musburger, do we demand apologies from the other commentators and the publications for which they wrote, about Smith and Carlos or about any of the other politically active athletes of the day.

Second, I do agree with Zirin (and Barry Patchesky at Deadspin) that Musburger still did not get it in 1999. Look again at his quotation. He asked if the protest improved anything? Perhaps not, if we look at it alone and immediately. But Musburger must have been smart enough to know that one single act does not immediately change or improve everything and it is absurd for him to expect differently. But every act of expression and protest builds towards improvement. Next he said he objects to using the Olympic awards stand to make a political statement. This is fundamentally silly. It is impossible not to understand the political nature of the Olympics, including the medal awards. Why does he think we play the national anthem?

Tuesday, June 5, 2012

Why Gap Insurance is the Car Dealers Best Friend!

So you're just about to buy your next new car. You have the deal you want, the part exchange value seems palatable, and you can't wait to get your new car. Sound familiar?
Thousands of motorists choose to buy their cars from main franchised dealerships each year. This is mainly due to the fact that they have a wide choice of vehicles, often sold as part of the manufacturers used car scheme, they also provide warranties, a mechanical check, and an element of peace of mind for the consumer.
If you are buying a new car you will almost certainly have to visit a franchised dealer as most of the Internet based sellers are merely brokers acting as middle men between the consumer and franchised dealer.
Selling you a car is not the only thing the dealer has in mind!
Due to the current economic climate we live in, and the ever growing ease at which you can obtain information over the Internet, many dealers can no longer survive by selling cars alone.
Most car dealer groups have dedicated finance departments specifically designed to sell finance and insurance products such as gap insurance, extended warranties, tyre insurance and other insurance related products. Main dealers and car supermarkets now budget to make as much money from finance and insurance as they do from the actual car sale. Most car dealers will aim to make around £800 profit on every car they sell, whether new or used, with almost 50% of that profit coming from finance and insurance products.

The growth in popularity of these types of insurance products has resulted in dealers targeting their sales teams to sell gap cover on every car they sell. However, policy costs can vary dramatically when purchased from a car dealer or car supermarket.
So how much should you pay for a gap insurance policy?
Recently we carried out a survey of main dealers, car supermarkets, and a number of independent dealers and found a startling array of gap insurance prices.
The average cost of a gap insurance policy at main franchised dealers is around £399 for a policy that will cover vehicle replacement up to the value of £15,000.
Prestige car franchises such as BMW, Audi, Porsche and Mercedes appear to be exploiting the popularity of this type of insurance even further with prices as high as £1000 for a vehicle replacement policy. Most prestige franchised dealers calculate gap insurance prices based on a percentage of the vehicle selling price resulting in sky high policy costs!
Many dealers now employ Business Managers specifically targeted to sell finance and insurance. So don't be surprised when you get the heavy sell! The dealer will want you to buy a gap policy and so will the sales person!
Buying on the Internet!
Like most things sold on the internet nowadays, you can save a lot of money when purchasing gap insurance from the growing number of online gap insurance providers. Cost savings from not having to pay rent on fancy showrooms combined with high commissions paid to the sales team's means that the cost of buying a gap insurance policy online can be as much as 75% cheaper than a franchised dealer.
Setting up a gap insurance policy online is also very simple and can be completed in a matter of minutes by completing a short online application form. You can also speak to someone over the telephone if you have any questions or queries.
In addition to the cost saving, most of the online gap insurance providers make it very easy for you to select the correct policy for your needs with clear and concise product descriptions and key benefits as well as the obligatory T&C's and policy details, which can all be downloaded.

Monday, June 4, 2012

Preview of Jerry Sandusky Trial

I have a preview of Commonwealth of Pennsylvania v. Jerry Sandusky for Here's an excerpt:

Amendola's defense will center on (1) undermining the government's case as undeveloped and as riddled with exaggeration and fiction; and (2) portraying Sandusky as a caring and generous mentor to children who were ignored by everyone else.

To advance these strategies, Amendola will aggressively challenge the eight men who say Sandusky abused them. On cross-examination, Amendola will question their motives for coming forward years after the alleged abuse occurred. He will also challenge them as to why none of the victims apparently kept any physical evidence that implicates Sandusky. Amendola will probably try to uncover if any of the accusers plan to seek financial compensation for telling their accounts, such as to book publishers or film rights. While Amendola has to avoid seeming like a bully, he has a professional obligation to challenge those who have accused his client. That is true even if it means Amendola raises awkward, personal questions about interactions between Sandusky and his accusers.

Keep in mind, even if seven of the eight accusers are telling the truth, the jury's confidence in the government's case could collapse if Amendola shows that one of the accusers is lying. Therein lies one drawback to the government using numerous accusers: All it takes is one false accuser to prevent the honest accusers from obtaining justice.

To read the rest, click here.

Saturday, June 2, 2012

Punishing Lessons

What the Boxing World at LargeCan Learn from the Paralyzing of Paul (The Punisher) Williams

ThisMemorial Day weekend, the boxing world saw two of its great warriors go downfollowing decorated and distinguished careers in unarmed combat. First, troubled five-time world championJohnny (Mi Vida Loca) Tapia was found dead in his home in Albuquerque, NewMexico. Then, former two-timewelterweight champion Paul (The Punisher) Williams, who recently signed for tofight Mexican sensation Saul (Canelo) Alvarez for the WBC Light MiddleweightTitle, was reportedly paralyzed from the waist down following a motorcycleaccident en route to one of hisbrother’s weddings in Atlanta. Williamssurvived, but was already advised that he will likely never walk, and thus box,ever again. Relatively speaking, Tapiawas not as lucky. While Tapia’s story isone that was unique to his tortured life, one marked by the murder of hismother when he was eight-years-old, drug problems, and the death of his brother-in-lawand nephew while they were on their way to visit him in the hospital followinga 2007 cocaine overdose, there are several lessons that can be learned fromWilliams’ plight, including what steps those handling the careers ofprofessional athletes can take to try to avoid such sad endings to theircharges’ careers. I initially addressed those lessons back on October 13, 2010 shortly after then-unifiedbantamweight champion Fernando (Cochulito) Montiel suffered an injury to hisright leg when a dirt bike on which he was a passenger crashed in Alamos,Mexico. To avoid redundancy, butreiterate those lessons in wake of Williams’ accident, I direct you back to“The Lesson to Learn from the Montiel Ordeal,” which available at: With that, I thank Tapia for many greatboxing memories and pray that he finally finds peace going forward and wish a speedyrecovery to The Punisher, who was perhaps the most physically unique top-leveltalent in the sport today.