• 11.21.15

    Gamblers No Longer Need Eight Men Out

    Perhaps the most infamous sports scandal in history is the Black Sox scandal about the fixing of the 1919 World Series. It has been immortalized in a book by Eliot Asinof and a movie by John Sayles, both entitled Eight Men Out.The significance of the title is that it took eight men to fix the ...

  • 11.20.15

    Major NFL Match-up: Disparaging Speech Versus the First Amendment

    There is a joke circulating that the NFL team in the District of Columbia wants to change its name by eliminating "Washington" so as not to be associated with a poor role model for young fans of football. Humor notwithstanding, however, disparaging speech is no laughing matter. As an ...

  • 11.19.15

    Sea Change in Concussion Protocols for Youth Soccer

    Concussions in boxing have been on the public's radar during most of the twentieth century; concussions in football and hockey joined boxing as major concerns early in the twenty-first century; but soccer has flown under the concussion radar until fairly recently. That lack of notice for soccer ...

  • 11.18.15

    What to Bear in Mind From the Bayer Decision

    As you likely know by now, in September, a New Jersey district court issued a decision in United States (FTC) v. Bayer. Indeed, as the headlines read, the FTC (Federal Trade Commission) did lose the case, and they lost it big. However, does that loss mean that the FTC will change its approach ...

  • 11.18.15

    The Home Sharing Economy

    Recently, voters of San Francisco, home to the Airbnb headquarters, rejected a highly controversial proposition ("Prop F") aimed at regulating short-term home rentals. Prop F would have limited the number of nights a short-term rental could be let to seventy-five (75) days a year, required ...

  • 11.17.15

    Bet Against Daily Fantasy Sports

    Today would not be a propitious day to invest, as some professional sports leagues have done, in the daily fantasy sports sites, Draft Kings or FanDuel. Or to make bets (or, according to DraftKings/FanDuel, to exhibit your skill) on those sites if you live in New York. The reason is that on ...

  • 11.07.15

    What the Pundits Keep Missing About 2016

    The initial mistake by pundits early in the 2016 presidential race was to prematurely predict that campaigns by political outsiders—non-establishment candidates—would evaporate at a first gaffe or controversy.Now, the same so-called experts ignore that a polling ceiling hangs over the ...

  • 11.05.15

    To Preserve 'Amateurism,' NCAA Should Separate Power Five Schools

    The fact that the courts are, in effect, shaping NCAA policy these days is a strong sign that the NCAA should take a more proactive role in reconsidering amateurism. Two recent decisions-one denying the right of student-athletes to unionize and one affirming that the NCAA has violated the antitrust ...

  • 11.03.15

    How to Get in on the Offshore Fund Flow to U.S.

    Unlike some countries, the US has minimal legal impediments to offshore investors investing in US properties, says Muller.   A recent report estimates that foreign investors are on track to spend more than $70 billion on US commercial real estate in 2015.  And another report says that ...

  • 10.21.15

    Are Regulatory Delays Exacerbating Drought Conditions?

    As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year, large sections of this area are still recovering from severe dry periods. ...

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