Freakonomics and cheering speech

Interesting Freakonomics Podcast (beginning at 28:00) from a few weeks ago, discussing booing at sporting events, art, and politics. It had some interesting tidbits that I can use when I return to writing on the subject.

One is that the Colonies brought over from England the concept of "audience sovereignty," which vested in the audience the right to boo and jeer political speakers--precisely what Alexander Meiklejohn eliminated from his theory of the freedom of speech. The second is the story of Johnnie LeMaster, a light-hitting shortstop for the San Francisco Giants. In 1979, LeMaster made some comments opposed to gay rights, causing fans to boo him continuouslys. After several wrrks LeMaster had a jersey made up with "Boo" on the back and wore it for a game, which immediately won fans over. And third is an interview with former Pennsylvania Governor and Philadelphia Mayor Ed Rendell, who talked about booing, especially when politics intervenes in sports.

Tim Tebow and Reviewing Contracts

With Tim Tebow now officially a Jet, I wanted to initiate my blogging by addressing a simple but important point. 

According to reports, the trade of Tebow to the Jets hit a snag because of language in his contract relating to the payment of salary advances.  Eventually the Broncos and Jets resolved whatever issue there might have been, reportedly by splitting the $4 million plus at issue.  Mike Tannenbaum the general manager of the Jets, himself is a lawyer and the Jets have high-quality legal talent that they turn to for contractual and other legal issues, so I have no doubt that they handled this situation properly and there were in fact no surprises to Tebow's contract. 

The issue that this situation highlighted for me is the importance of involving lawyers early on in an contractual review process, or other legal matter, when they can provide the advice that will set the transaction on the right course and avoid problems down the road.  Without legal advice at an early stage, transactions can get off track and by the time lawyers are asked to get involved, the task of fixing the problem is often a more time-consuming and expensive one than had the lawyer been involved from the outset.  This is as true in the sports context as any other.

New Sports Law Blog Contributor: Brian Socolow

We're thrilled that sports attorney Brian Socolow will be blogging for us.

Brian is chair of the sports practice at the national law firm of Loeb & Loeb LLP.  His practice includes the representation of individuals and organizations in the sports industry in a wide range of legal matters, including intellectual property and technology issues, television and media agreements, the  purchase and sale of assets, risk management and litigation.  He represents companies such as The Burton Corporation and Hillerich & Bradsby, promoters of sporting events, and others involved in the industry.

Brian is a frequent lecturer and contributor to publications on topics ranging from intellectual property to sports marketing and has been named a New York Super Lawyer for Sports and Entertainment 2009-2012.  He's a graduate of the University of Virginia School of Law and Yale University.

Great to have him on board.

Pay For Play: NCAA Athletics as Opportunity or Exploitation?

The West Virginia University College of Law Sports & Entertainment Law Society is proud to present a panel presentation entitled "Pay for Play: NCAA Athletics as Opportunity or Exploitation?" on Wednesday, April 4, 2012, at 12 noon in the Marlyn Lugar Courtroom, in beautiful Morgantown, West Virginia.

The event is free and open to the general public. The panel features Ramogi Huma (President, National College Player's Association), Mike Parsons (Deputy Athletic Director, West Virginia University), Dan Fulks (Professor at Translyvania University and NCAA Research Consultant), and andré douglas pond cummings (Professor of Law, West Virginia University College of Law).