Archive for ◊ August, 2009 ◊

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• Sunday, August 16th, 2009

Alan Milstein, who litigated on behalf of Maurice Clarett in Clarett v. NFL (I was also part of Clarett’s legal team), was interviewed over on Hoop Teens about the prospect of a player challenging the NBA’s eligibility rule, which requires that U.S. players be at least 19-years-old by December 31 of the year of the draft and that they be one year removed from high school (In contrast, international players, defined as those who maintain a permanent residence outside of the United States for at least three years preceding the draft, need only be 19-years-old by December 31 of the year of the draft.).

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• Wednesday, August 12th, 2009

Recently published scholarship includes:

Lindsey M. Baldwin, Note, When a goons goal is a green card: NHL players and the alien of extraordinary ability immigrant visa category, 22 GEORGETOWN IMMIGRATION LAW JOURNAL 715 (2008)

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• Wednesday, August 12th, 2009

I have posted on SSRN a draft of a forthcoming chapter I’ve written for “Reversing Field: Examining Commercialization, Labor, Gender and Race in 21st Century Sports Law” (andr douglas pond cummings and Anne Marie Lofaso eds, forthcoming).

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• Tuesday, August 11th, 2009


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• Monday, August 10th, 2009

Congrats are in order for a group of Harvard Law School students for receiving their law school’s approval for an official new online law journal: the Harvard Journal of Sports and Entertainment Law. The editors of HJSEL are still putting everything together, but a website should soon be up and it is anticipated that HJSEL will publish one issue in its first year, likely next spring.

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• Friday, August 07th, 2009

I think that the Crespin court is correct in its assertion in paragraph 13 that the question before us concerns the concept of breach of duty. New Mexico is one of the many states to adopt a form of comparative negligence, yet courts still draw on assumption of risk in baseball foul ball (or in this case a fair ball hit into a picnic area during batting practice) cases. The court looked at the baseball rule that basically immunizes a defendant if a screened area behind home plate is properly maintained and fans are provided access to such seating. In my class I ask students what they think about requesting that they be allowed to purchase a ticket for a protected screen area. Most of them laugh at the idea that these choice seats must be provided by the team if a fan says that it is the teams responsibility in discharging this duty to allow the fan to purchase a ticket for an area often allocated to season ticket holders. more…

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• Thursday, August 06th, 2009


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• Tuesday, August 04th, 2009

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• Tuesday, August 04th, 2009

I have a new column up on SI.com on a Manhattan grand jury indicting Plaxico Burress. Here is an excerpt:

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