Jeff Fannell » What’s Up With That?

May 03

by Jeff Fannell in Baseball, MLB, Sports Issues, What's Up With That? 0 comments tags: Adam Jones, Boston Fans, Boston Redsox, Jackie Robinson, Race

Standing with Adam Jones

On April 27, 2017, I had the privilege of attending the groundbreaking ceremony for the Jackie Robinson Museum in lower Manhattan. The museum, which will open in 2019, has been in the works for decades. In addition to housing baseball memorabilia, the museum will focus on Jackie’s life on and off the field, including his contributions to the civil rights movement. Among my personal highlights at the groundbreaking ceremony was the opportunity to meet Jackie’s widow, Rachel Robinson, who is known to some as the First Lady of Baseball. In addition, I had the opportunity to chat with noted civil rights attorney Norman Siegel, who shared how the Dodgers moving out of Brooklyn played a role in stoking his passion for justice and equality. According to Siegel, the Dodgers helped forged friendships between blacks and whites who shared a common interest in cheering their team on. When the Dodgers moved to Los Angeles, many of those bonds were broken, which ultimately led Siegel on a life-long crusade against any barriers that would tend to create racial divides. Thoughts of Jackie, Rachel and Norman returned to the fore as baseball ushered in its second month of the season with the story […]

Apr 02

by Jeff Fannell in Amateur Sports, Football, Sports Issues, What's Up With That? 0 comments tags: Alabama, Domestic Violence, Jonathan Taylor, Nick Saban, Whats up with that?

What’s Up With That?: The Jonathan Taylor Saga

This is the part of the domestic violence story too few want to talk about. The part where the female victim recants the story. In the aftermath of Ray Rice and other high profile incidents, the clarion call in professional sports has been to develop or strengthen domestic violence policies in the game. While that, in the main, is absolutely right, the need for players and their unions to be involved in the discussion (hear this out NFL), is vital, because agree with it or not, high-profile, highly-paid athletes may well be targets of unfounded accusations. Given that, there is a real need to ensure that any reported incident of domestic violence is credible before players are suspended and careers forever tarnished. Staking out that position may not be politically correct, but it’s right. The unfolding story of Jonathan Taylor stands as the most recent Exhibit A. Taylor, a former defensive lineman for the University of Alabama football team, was accused this past weekend of physically assaulting a woman and causing injuries to her neck and damage to her property. Following his arrest, Alabama Coach Nick Saban dismissed Taylor from the team. But now comes the news that on March […]

Jan 22

by Jeff Fannell in Football, NFL, Sports, Sports Issues, What's Up With That? 3 comments tags: Dan Snyder, Mascot Controversy, NFL, Redskins, Trademark, Whats up with that?

What’s Up With That?: Feds Intervene in Redskins Legal Battle

The Washington Redskins have a new opponent in their court fight to retain their controversial trademark: the Obama administration. Recently, the U.S. Department of Justice filed notice of its intention to intervene in the long-running battle over whether the Washington Redskins can legally maintain the trademark on their name. Last June, the U.S. Patent and Trademark Office canceled the team’s trademarks upon finding that the marks and the name “Redskins” were disparaging to Native Americans. In the team’s appeal of that ruling the Redskins argued that the section of the Lanham Act that prohibits the registration of offensive trademarks was “overly vague and ambiguous” and impermissibly interfered with their First Amendment right to free speech. The team also claimed the ruling stripped the team its intellectual property rights in violation of the Fifth Amendment. The DOJ has joined the battle because the Redskins, in its appeal, raised a constitutional challenge against the Lanham Act, which is a federal law. The Department issued a statement declaring that it is “dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly.” The statement went on to say that the Department will […]

Dec 22

by Jeff Fannell in Sports Issues, What's Up With That? 0 comments tags: Athlete Activism, Sports, Whats up with that?

What’s Up With That?: The Return of the Activist Athlete

My favorite athlete of all time is Muhammad Ali. Has been for almost 40 years. When I was about 13-years-old, I read “The Greatest: My Own Story,” by Ali and Richard Durham. I was already a fan of Ali’s, having seen him box and entertain, both inside and outside the ring. However, reading about him – his upbringing, his Olympic achievements, his refusal to be drafted into the U.S. military, his opposition to the Vietnam War, and his resulting conviction on draft evasion charges (which led to the loss of both his heavyweight title and nearly four years of his career at its peak) – led me to realize that athletes can have tremendous influence away from the ring or field of play, and that resonated with me. Still does. It also drew me to other courageous and influential athletes – Jim Brown, Bill Russell, Lew Alcindor (later Kareem Abdul Jabbar) John Carlos, Tommie Smith, Jackie Robinson and Larry Doby. Athletes who took a stand and made a difference became the standard by which other athletes were measured in my book. But the activist athlete of the 50’s, 60’s, and 70’s soon became a thing of the past, seemingly never […]

Dec 01

by Jeff Fannell in Football, NFL, Sports, Sports Issues, What's Up With That? 0 comments tags: Arbitration, CBA, Janay Rice, NFL, NFL CBA, NFLPA, Ray Rice, Roger Goodell, Whats up with that?

What’s Up With That?: Don’t Avoid the Inevitable, NFL.

Score a victory for workplace justice. On November 28, arbitrator Barbara S. Jones, a former U.S. District Court judge, ruled that NFL Commissioner Roger Goodell abused his discretion when he suspended Rice indefinitely following a previous two-game suspension for the same incident. Rice, as most know by now, was suspended two games and fined an additional week’s salary for hitting his then-fiancée Janay Palmer and knocking her unconscious inside an Atlantic City hotel elevator in February. Footage of Rice dragging Janay outside the elevator was available immediately and outraged many. Then in early September a second videotape showing what happened inside the elevator was released, leading to the Ravens cutting Rice and to the NFL suspending him indefinitely. Goodell justified this second (and more severe) penalty on the fact that Rice gave a “starkly different sequence of events” than what was captured on the second video. In overturning the NFL’s suspension Judge Jones found: While Article 43 of the NFL’s CBA (dealing with Club discipline) provides for just cause, Article 46 (dealing with League discipline) does not. This means Rice had to overcome a higher “abuse of discretion” standard. In other words, the NFL would prevail so long as […]

Nov 10

by Jeff Fannell in Agents, Football, NFL, Sports, Sports Issues, What's Up With That? 0 comments tags: Dallas Cowboys, Dez Bryant, Eugene Parker, Free Agency, Jay Z, Jerry Jones, Money, NFL, Restrictions, Roc Nation Sports, Whats up with that?

What’s Up With That: Jerry Jones Hatin’ on Roc Nation?

Dallas Cowboys wide receiver Dez Bryant has fired his agent Eugene Parker and has hired Jay Z’s Roc Nation to represent him. This reportedly has displeased Cowboys owner Jerry Jones, who has publicly stated how great a relationship he has with Parker, Bryant’s former agent. According to multiple sources Jones has said that Bryant’s signing with Roc Nation would make the Cowboys’ upcoming contract negotiations with Bryant “more difficult.” What in the world is up with THAT?? Players have the right, through their union, to have agents of their choice represent them in contract negotiations. Any owner or club official who interferes or attempts to interfere with that right is violating both the collective bargaining agreement and federal labor law. Jones’ public displeasure is reminiscent of the early days of sports agents when owners simply refused to deal with agents, despite the fact that players had properly designated them as their representatives. This is not only the height of arrogance, it is also dangerous. Players and their unions simply cannot allow any owner to even think that he or she can tell a player – explicitly or implicitly – who can be his agent. That Jones has a “great relationship” […]

Oct 14

by Jeff Fannell in Football, Marketing, NFL, Sports, What's Up With That? 26 comments tags: Beats By Dre, Colin Kaepernick, Headphones, Marketing, NFL, Restrictions, San Francisco 49ers

What’s Up with That?: NFL Restricts Player Use of Headphones

NFL players will be subject to fines and perhaps even suspension for wearing non-Bose headphones during TV interviews, thanks to a new agreement between Bose and the NFL. The restriction requires players wearing non-Bose gear to cover up the competitor’s logo or else face punishment. The rule is in effect during practice sessions and on game days, starting from the opening kickoff and lasting until 90 minutes after play has ended. While it is not unusual for leagues to impose restrictions on player use of apparel or equipment in order to protect league sponsors, the NFL’s restrictions on headphones is of a different character. In the former situation, player apparel and equipment is viewed as part of the player’s uniform, which typically is team-issued. League restrictions, in such situations, are understandable. Headphones, on the other hand, are personal items that players purchase with their own funds. The NFL’s current restriction is in place because of a deal the league reached with Bose to outfit coaches with headphones. That’s what makes this hard to swallow. This is not a situation where the sponsor is providing players with apparel as part of its deal with the league and the league turns around […]

Sep 23

by Jeff Fannell in Football, NFL, Sports, Sports Issues, What's Up With That? 0 comments

What’s up with that?: No Mercy In Sports

Over the years I made sure to encourage the students in my Sports Law classes to avoid, at all costs, becoming mere legal technicians. For a law student, being a legal geek may help you ace a law school exam, but it won’t make you a very effective lawyer. So, every now and then, when wrestling with a legal or policy issue, I tell my students to forget the precedent and the statutes, to put away the casebooks and the class notes and to simply ask, “What’s up with that?” Such a question sidesteps over-analysis and puts us in touch with our instincts, which is something every good lawyer needs to develop and rely upon. Recently, the reactions to developments in the sports world have revealed a troubling trend. Des Hague, CEO of Centerplate, a sports catering company, was caught on an elevator camera repeatedly kicking a Doberman pup and hauling it up by its leash. The public outcry was swift: nearly 200,000 people signed an online petition calling for Hague to be fired. A few weeks later, he “resigned.” Former Baltimore Ravens’ running back Ray Rice was caught by an elevator camera knocking out his fiancée with a vicious […]