Sunday, July 10th, 2011...6:49 pm

Links – July 10

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By Sam Mann

Here are a couple of links that caught our eyes the last few days:

  • The guys at Freakonomics apparently have a blog as well. A recent post muses why Law School is like the NFL Draft. Interesting post, but not all that ground breaking, although any time we can compare law school to any professional sports organization is a good thing. A lot of other outlets have been saying the same thing about the world of legal employment.
  • One more note above the above article: I don’t know why people seem to feel the need to downgrade Division II and Division III athletics whenever possible (the jab in this article is more of a backhanded complement than anything but it still rubs me the wrong way). Of course, I might be biased having played at a DIII school my, but my bet is most of the people who make these declarations never played college athletics. The commitment, intensity and competitiveness is just as present at those levels as it is at big schools. But that seems like a whole different post on a different blog.
  • The New York Attorney General is investigating whether the NFL lockout is a violation of state antitrust laws. This doesn’t seem like the best move made by New York Attorney General Eric Schneiderman. First, the timing is poor, as it finally appears the two sides are making progress towards an agreement. In fact, many sources seem to think a deal will be done within two weeks. Second, it reeks of publicity-seeking. Floating that you’re investigating the NFL is a great way to get your name in the headlines. It seems like you’re the good guy because you are “protecting NY businesses” and just want to see the NFL playing, but really, you know this “investigation” is never going to get off the ground. It’s not like there is a realistic chance that his office is actually going to file suit. Third and finally, it makes very little sense legally, because…
  • The 8th Circuit has ruled that the NFL lockout is legal, overturning an earlier decision by District Court Judge Susan Richard Nelson. The victory was not a complete win for the NFL and its owners, as the court left open the question of antitrust damages (although Stanford Law Professor William Gould believes the language used in the opinion would lead the lower court to side with the NFL). Both the league and the players issued a joint statement saying that they respected the decision but believe the best outcome will be through an agreement. Not exactly groundbreaking, but it does seem to rule out the possibility of individual players suing the league for damages, so we got that going for us which is nice. According to league sources, a deal must be in place by July 15 for the Hall of Fame game to be played on Aug. 7.
  • Within this piece on the trade market and realignment among other things, Buster Olney reports that there has been some buzz within the industry that a new MLB Collective Bargaining Agreement could be done and announced as early as this week at the All-Star game. While that seems unlikely for a lot of reasons, baseball is certainly sitting pretty right now. It’s the only major sport without significant labor unrest. (And yes, hockey fans, I get it your sport seems healthy now, but I can’t excuse you for missing a full season so recently). If they can get an agreement in place before the current one expires, which I think occurs in November, it would be a huge public relations win. Considering MLB’s recent record on the public relations front, I think they could use it. (Also, we will get back to the whole re-alignment thing at some point this summer. Really interesting topic).
  • Deron Williams, New Jersey Nets point guard, will apparently play in Turkey if the NBA Lockout lasts as long as some think it could. We will have more coverage of the NBA’s labor situation coming very soon, so I’ll reserve my comments for then, but needless to say this is interesting. I wonder how many other players will follow suit …

Sam Mann is a second-year law student and can be reached at

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