Wednesday, August 20, 2008

LEGAL LINE RADIO SHOW - Tonight @ 8:30pm

The Legal Line Show is back tonight on blogtalk radio at 8:30pm.

Chris Henry is back with the Cincinnati Bengals...........seriously?

I'll update you on a few key holdouts in the NFL.

Baseball has a situation on it's hands and the NBA's biggest problem yet.......

Click on the link below or click on the title to get to the show. Enjoy


http://www.blogtalkradio.com/All-Access-Football/2008/08/21/The-Legal-Line-Show-Episode-6

Thursday, August 7, 2008

FAVRE SAGA FAR FROM OVER

By Scott Daniels, Esq., NFL Draftbible

As Brett Favre emerged from his private plane a few days ago, crowds of fans applauded him as if he were a member of the Beatles. Members of the media rushed for photos and the television networks covered every second of his return to the town that views Favre as a god, rather than a Hall of Fame quarterback.

The Favre saga has officially become a circus. However, it's not surprising. The most popular player to ever don a Packer jersey has just been shipped out of Lambeau and traded for a conditional draft pick. A scenario no one could have conjured.

So it appears the Favre circus has come to an end.

I beg to differ. In fact, this circus has only just begun.

The media has already sunk it's teeth into this situation and that can only mean one thing. Do whatever it takes to get a story. Even if it means employing dirty tactics. After all, dirt sells.

Take a look at every major sports story in the last five years. Once the media starts seriously digging around, it becomes a full fledged soap opera. And unfortunately for the Favre camp, if history has taught us anything, this saga is about to hit new highs.

Barry Bonds
The steroid era in baseball may not begin with Barry Bonds, but he is certainly the catalyst for it. Bonds rose to fame after becoming the homerun king amidst a flurry of allegations that he was taking performance enhancing drugs. After vigorously denying that he took illegal steroids, his media coverage skyrocketed. Networks and newspapers watched his every move.

The result: Bonds did claim the record for most homeruns in history but was subsequently indicted on perjury charges and remains unable to find a job in baseball. His media coverage resulted in numerous books portraying him as a criminal, tons of negative rumors and a reputation that even Mike Tyson wouldn't trade for.

Michael Vick
Vick initially denied taking part in a large scale dog-fighting ring that operated in multiple states. Almost without hesitation, the public and the media saw right through him. Richmond, Virginia quickly attracted media outlets from all over and the circus began. Following a few weeks of investigation and several media discoveries, the most popular athlete in Atlanta - and quite possibly the most exciting player in the league - had fallen.

The result: Vick was sentenced to a lengthy prison sentence and had to forfeit his mega deal he received from the Falcons a few years prior. His legacy will be forever tarnished. His future in the NFL may be dead.

Roger Clemens
Once the Mitchell Report dropped, Major League Baseball was immediately criticized for their lack of effort in battling steroids in baseball. While many claimed the report lacked credibility, several players came forward and admitted to their wrongdoings. Clemens chose to do just the opposite.

Clemens vehemently denied ever using performance enhancing drugs and went head to head with his former trainer who even went so far as to provide old syringes that Clemens allegedly used. The media jumped all over this and began to dig up anything they could find.

The result: Clemens' personal life was ripped open by every media outlet under the sun. Old flings were discovered, connections to underage celebrities, phone records were re-hashed and Clemens lost every ounce of credibility in the process.
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Let me be clear. While I do not agree with Favre's decision to come out of retirement, he has done nothing wrong here. The man has already admitted to retiring early, which by all means, is an honest mistake. But there is a lot of information that we still don't know.

What was really said in those back-door meetings between Packer brass and Brett Favre?

How does Favre really feel about his former head coach and the Packer organization?

Jet training camp is about to be the focal point of the NFL. And Favre will continue to dominate headlines for weeks to come. That we know. What we learn about Favre and the Packers over the next few weeks will surely be interesting. Stay tuned football fans, this circus has just begun.......

Wednesday, July 30, 2008

LEGAL LINE EPISODE 5 - Tonight @ 8:30pm

I'm back and tonight I'll be discussing the ever-so-popular topic of holdouts in the NFL. Why do players do it? Should they be forced to honor their contracts? How do athletes in other sports handle their contractual disputes?

I'll also discuss the sentencing of disgraced former NBA official Tim Donaghy. Harry Beans will be dropping by as always and with the 08' NFL season right around the corner, Beans will have plenty to talk about.....

Join me tonight at 8:30pm - just click on the title above or click the link below -

http://www.blogtalkradio.com/All-Access-Football/2008/07/31/THE-LEGAL-LINE-EPISDOE-4

Wednesday, July 9, 2008

VIOLENCE IN SPORTS: When Should Athletes Be Subject to Criminal and Civil Penalties?


By Scott Daniels, Esq., NFL Draft Bible

Bone-crushing checks. 98 mph fast balls tossed at batters' heads. Rib-shattering tackles. Brutal flagrant fouls. What do all of these have in common? Today’s sports fanatic craves these plays more than ever.

And while immense physicality and violence are a part of many professional sports, what happens when a player goes too far in trying to make a play? What recourse does a player have when his opponent deliberately tries to inflict severe bodily harm? League imposed fines and suspensions have always been the norm, but is it enough?

It’s an important, yet overlooked, issue. Should athletes ever be subject to our criminal or civil law system for actions that resemble common law battery as opposed to aggressive play?

The answer to that question may be the most common answer out of a lawyer’s mouth - It depends.

Violence has always been a part of sport. It’s routine in many sports to engage in violence every single play. But while an athlete’s tenacity and ferociousness is always accepted, many times, a player goes beyond what is customary in that respective sport. And when that act results in a serious injury to his or her opponent, a simple fine seems unjust.

I take the position that athletes who become victims of violent attacks on the playing field should absolutely seek recourse by way of our legal system, especially if they incur an injury that prevents them from playing. While it sounds easy for an athlete to sue another, proving the case, whether criminal or civil, is a steep climb.

Many people would argue that the professional athlete is consenting to the occasional violent play that is inevitably “part of the game.” And by consenting, that person may not seek judicial relief since the consent serves as a complete defense in the court of law.

Take professional hockey for instance. Fighting is allowed and is sometimes encouraged in the sport. When a hockey player steps onto the ice, it is foreseeable that he may engage in a fight at some point during the game. It is also foreseeable that an injury may occur as a result of the fight, since a typical fight consists of hand-to-hand combat with an opponent. Therefore, the defense of consent would fully hold up in court since fighting is likely to result in injury.

So while an injury resulting from a vicious punch in a hockey fight is completely within the customary standards of the sport (although still subject to a major penalty), a hockey player crosses the line when he uses his stick to attack another player. Moreover, the victim of the attack would never consent to a potential assault with his opponent’s stick.

This is precisely where aggressive play collides with criminal culpability and civil liability.

On February 21, 2000, Marty McSorley, while playing for the Boston Bruins, brutally attacked Donald Brashear with his stick in one of the most horrific acts in sports history. With only seconds remaining in the game, McSorley picked up his stick and swung it like a baseball bat at Brashear’s head. Immediately upon impact, Brashear dropped to the ice. The arena was silent. Never before had the league seen such brutality.

McSorley was slapped with a year-long suspension and was found guilty of criminal assault with a weapon. Fortunately, Brashear recovered and is back playing in the NHL. But the aftermath of this incident raised the issue of how to handle deliberate and unnecessary violence in sports.

While McSorley clearly exhibited criminal conduct against Brashear, most cases are not that clear-cut. The biggest barrier a victim faces when deciding to sue or press charges is proving intent by the aggressor. If a pitcher hits a batter square in the head with a pitch, the pitcher could claim he was just trying to brush the batter away from the plate. Proving intent is a subjective standard and extremely hard to prove here because brushing the batter off the plate is part of the game. Even if the struck batter suffers a career ending injury, the facts would not support criminal or civil liability by the pitcher.

In contrast, McSorley’s actions certainly warranted criminal and civil action. Personally, I would have banned him from the league after what I saw. But while violence like this is rare on the playing field, athletes need to be aware of potential recourse should they find themselves in these situations.

Keep in mind that assault with a hockey stick and the bean ball are just a few examples of violence throughout the course of sports history. The great irony surrounding this topic is that today’s sports fanatics crave the violent altercations more than ever. In an era where Youtube and Sportscenter highlights glorify violence caught on film, over-aggression will always be a part of sport and although professional athletes appear to be superior beings, they are never above the law, even on the playing field.



Tuesday, June 17, 2008

ALL ACCESS FOOTBALL RADIO UPDATE

Be Sure To Check Out Our All Access Football Radio Network On Blog Talk Radio For Exclusive Analysis On Everything Football.

FANTASY FOOTBALL INSIDERS RADIO: EPISODE #1
NFL Insiders Rick Serritella, Ross Mandel & Ralph Mancini Preview The Quarterbacks.
LISTEN NOW: http://www.blogtalkradio.com/All-Access-Football/2008/06/17/2008-FANTASY-FOOTBALL-INSIDERS-RADIO-EPISODE-1

THE LEGAL LINE: EPISODE #2

Legal Line Co-Founder Scott Daniels discusses violence in sports and looks back at some historical events and qustionable tactics.
TOMMORROW - 8:30 PM ET: http://www.blogtalkradio.com/All-Access-Football/2008/06/19/THE-LEGAL-LINE-EPISODE-2

ALL ACCESS
Our 2008 Canadian Football League Preview Show! Guests and Details TBA.
FRIDAY - 6:00 PM ET: http://www.blogtalkradio.com/All-Access-Football/2008/06/20/ALL-ACCESS-FOOTBALL-FRIDAY-SHOW-LIVE-6PM-ET

COLLEGE FOOTBALL INSIDERS: PREMIERE SHOW - ACC PREVIEW
College Football Insiders Co-Founder Daniel Mogollon hosts the first installment of CFI Radio.
MONDAY, JUNE 23RD: http://www.blogtalkradio.com/All-Access-Football/2008/06/23/PREMIERE-SHOW-COLLEGE-FOOTBALL-INSIDERS-EPISODE-1

To bookmark our radio channel, click here.

Friday, June 13, 2008

ALL ACCESS FOOTBALL UPDATE: JUNE 13, 2008

It may be the football off-season but the weather is not the only thing heating up. Check out the latest happenings at All Access Football:

* Former Florida Gator and current Jacksonville Jaguar Jeremy Mincey has drawn rave reviews thus far in training camp and there is talk that his improved performance could thrust him into a starting role this season. Check out Daniel Mogollon's one-on-one interview with the emerging defensive end in a Mini-Camp Edition of our Player Spotlight Show.

* Now Airing on All Access: Super Bowl MVP Eli Manning was on hand at Club 21 last week to announce the launch of the National Football Foundation's Club of New York. You can watch the exclusive video here.

* In case you missed it, the All Access Football panel of experts debated the Top 10 Greatest NFL Quarterbacks of All-Time. Tune-in to our All Access Football Radio Channel on Blog Talk Radio to hear who made the cut.

* The debut of The Legal Line Show was a great success. Legal Line Co-Founder Scott Daniels was joined by Fantasy Sports Trade Association President and Sports Buff CEO Jeffrey Thomas as they analyzed the impact of the recent fantasy sports industry victory over MLB in Supreme Court.

* The 2009 NFL Draft Watch has already begun. Log-on to the NFL Draft Bible for Josh Buchanan's latest installment of our Small School Spotlight.

* Want to be brought up to date on the latest breaking news? Our new All Access Football Blog is up and running. Still want more? Other blogs that are being constantly updated include College Football Insiders and the rebirth of Fantasy Football Insiders, which will also debut a premiere radio show on Saturday. Updates to be posted here.

* Coming Soon: The All Access Football Network will be expanding its coverage into the world of Arena Football and the Canadian Football League. Stay tuned for more details...

Wednesday, June 4, 2008

LEGAL LINE SHOW PREMIERE - Thursday, June 5 @ 7:30pm

The Legal Line is finally hitting the airwaves this Thursday night at 7:30pm on blogtalkradio - simply click on the title of this blog post to be directed to the show.

My first show couldn't be coming a better time as I will be talking with Jeffrey Thomas, President of the Fantasy Sports Trade Association, about the Supreme Courts decision not to hear an appeal from MLB in a case that would've affected the entire fantasy sports industry.

Also appearing on the show is my resident odds maker and gambling aficionado, Harry Beans. Harry's got the inside scoop on the NBA Finals and the long awaited Belmont, where Big Brown will be going for the famed triple crown, a feat only attained a selective few.

Tune in this Thursday........