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Circuit Circuit
December 2014 Featured In This Issue Making Oral Argument Productive: Judges’ Edition, By Brian J. Paul Social Media and the Law, By Kenneth P. Nolan Electronic Discovery Vendors 101, By Justin Weiner and Gajan Sivakumaran TheThe “Sorry” is Not Enough: Strengthening the Brady Duty to Disclose in the Seventh Circuit, By Michael G. Babbitt Conservatives on the Cutting Edge: How the Supreme Court’s Three Most Conservative Justices Reached the More Innovation-Friendly — and Correct — Conclusion in their Aereo Dissent, By Zachary Willenbrink CirCircuitcuit Landmark Supreme Court Cases from 1964, By Jane Dall Wilson Keep Your Hands off My State’s Seat: Court of Appeals Nominations and the Home State Norm, By Jeff Bowen Amendments to Federal Rules of Practice and Procedure, By Jeffrey Cole RiderRiderT HE J OURNALOFTHE S EVENTH Judge Manish Shah, By Stephen Hackney C IRCUITIRCUIT B AR A SSOCIATION Judge James D. Peterson, By David E. Jones Judge Stanley Roszkowski, By Michael Mahoney SecretsandRevelations The Circuit Rider In This Issue Letter from the President . 1 Making Oral Argument Productive: Judges’ Edition, By Brian J. Paul . .2-3 Social Media and the Law, By Kenneth P. Nolan . ... .. 4-5 Electronic Discovery Vendors 101, By Justin Weiner and Gajan Sivakumaran . ..6-8 “Sorry” is Not Enough: Strengthening the Brady Duty to Disclose in the Seventh Circuit, By Michael G. Babbitt . 9-12 Conservatives on the Cutting Edge: How the Supreme Court’s Three Most Conservative Justices Reached the More Innovation-Friendly — and Correct — Conclusion in their Aereo Dissent, By Zachary Willenbrink . 13-23 Landmark Supreme Court Cases from 1964, By Jane Dall Wilson . -
Calling Sports Sociology Off the Bench
Calling Sports Sociology Off the Bench Dave Zirin Sports writer Published on the Internet, www.idrottsforum.org/articles/zirin/zirin081126.html (ISSN 1652–7224), 2008–11–26 Copyright © Dave Zirin 2008. All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the author. Broadly speaking, the texts published on idrottsforum.org discusses the changes in sports in our time; indeed, the most important task of the social sciences is to map and understand contemporary changes based on knowledge of the past and theories of change and devel- opment. We draw attention, often in sweeping terms, to the general tendencies of change within modern sports – commercialization, professionalization, globalization, medializa- tion. These tendencies are indisputable and unchallenged, even if opinions differ as to their advantages and disadvantages for the actual performance and intrinsic values of sports. What do these tendencies entail? What are the everyday consequences? These kinds of questions are also dealt with on the forum – our original articles as well as the large num- ber of reviews of works published elsewhere indicate the changes as they appear in the everyday sporting reality. But to what extent is sports journalism contributing to a balanced assessment of the changes within sports? And what part can sports sociology play in this? Crisis! That’s Dave Zirin’s diagnosis of the situation within, primarily, American sports and American sports journalism. -
August 10, 2015 MIAA Endowment Celebrity Golf Tournament
MIAA Endowment Celebrity Golf Tournament Plymouth Country Club Plymouth, MA August 10, 2015 MIAA Endowment Celebrity Golf Tournament Welcome! The MIAA Endowment Fund was established in 2013. The goal of this fund is to preserve and create educational opportunities for student-athletes statewide. The Endowment fund helps the MIAA maintain quality services under the umbrella of the five education based athletic “Pillars”: Coaches Education, Com- munity Service, Leadership, Sportsmanship and Wellness. Through your participation, donation or sponsorship to this event the MIAA is able to raise funds that will aid in supporting full participation by student-athletes in programs sponsored by the MIAA. Programs such as: New England Student Leadership Conference, Girls and Women in Sport Day, Sportsmanship Summit, The Camp Edwards Captains Challenge, Citizenship Day, Wellness Summit, as well as, various leadership and wellness workshops throughout the year. We are excited to have our tournament at the Plymouth Country Club. It is our hope that you have the best day of golf ever. Relax, have fun and enjoy! Today’s Schedule 11:00 am Registration 12:00 pm Shotgun Scramble Start 4:30 pm Relax in Lounge Reception Silent Auction Bidding 5:30 pm Dinner Winner Announcements Awards/Prizes Thank You Thank You 137 Samoset Street, Plymouth MA Proud Sponsor: Hole-In-One Prize 2015 Silverado Pick Up Plymouth Country Club August 10, 2015 Format for Golf: SCRAMBLE Each player will drive. The team will then select the best location from which to play and the entire team will play from that position. Continue this process until the ball is holed. -
Progress Is a Game of Inches: a History and Analysis of Athlete Activism Before and During the Era of Social Media Elic Chisam University of Nebraska - Lincoln
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Honors Theses, University of Nebraska-Lincoln Honors Program 3-2019 Progress is a Game of Inches: A History and Analysis of Athlete Activism Before and During the Era of Social Media Elic Chisam University of Nebraska - Lincoln Follow this and additional works at: http://digitalcommons.unl.edu/honorstheses Chisam, Elic, "Progress is a Game of Inches: A History and Analysis of Athlete Activism Before and During the Era of Social Media" (2019). Honors Theses, University of Nebraska-Lincoln. 92. http://digitalcommons.unl.edu/honorstheses/92 This Thesis is brought to you for free and open access by the Honors Program at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Honors Theses, University of Nebraska-Lincoln by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. PROGRESS IS A GAME OF INCHES: A HISTORY AND ANALYSIS OF ATHLETE ACTIVISM BEFORE AND DURING THE ERA OF SOCIAL MEDIA An Undergraduate Honors Thesis Submitted in Partial fulfillment of University Honors Program Requirements University of Nebraska-Lincoln By Elic Chisam, BJ Broadcasting College of Journalism and Mass Communications March 11, 2019 Faculty Mentor: John Shrader, M.S., Sports Media and Communication Abstract With services such as Twitter, Facebook, and Instagram, anybody can spread their message to hundreds of millions of people across the globe, and because of this, people of a certain fame can communicate directly with millions of people that look up to them. Professional athletes are no exception. Lebron James, Colin Kaepernick, and Steph Curry are among the many star athletes who have taken advantage of social media to advocate for change in their communities as well as across the United States. -
When the Game Was Ours
When the Game Was Ours Larry Bird and Earvin Magic Johnson Jr. With Jackie MacMullan HOUGHTON MIFFLIN HARCOURT BOSTON • NEW YORK • 2009 For our fans —LARRY BIRD AND EARVIN "MAGIC" JOHNSON JR. To my parents, Margarethe and Fred MacMullan, who taught me anything was possible —JACKIE MACMULLAN Copyright © 2009 Magic Johnson Enterprises and Larry Bird ALL RIGHTS RESERVED For information about permission to reproduce selections from this book, write to Permissions, Houghton Mifflin Harcourt Publishing Company, 215 Park Avenue South, New York, New York 10003. www.hmhbooks.com Library of Congress Cataloging-in-Publication Data Bird, Larry, date. When the game was ours / Larry Bird and Earvin Magic Johnson Jr. with Jackie MacMullan. p. cm. ISBN 978-0-547-22547-0 1. Bird, Larry, date 2. Johnson, Earvin, date 3. Basketball players—United States—Biography. 4. Basketball—United States—History. I. Johnson, Earvin, date II. MacMullan, Jackie. III. Title. GV884.A1B47 2009 796.3230922—dc22 [B] 2009020839 Book design by Brian Moore Printed in the United States of America DOC 10 9 8 7 6 5 4 3 2 1 Introduction from LARRY WHEN I WAS YOUNG, the only thing I cared about was beating my brothers. Mark and Mike were older than me and that meant they were bigger, stronger, and better—in basketball, baseball, everything. They pushed me. They drove me. I wanted to beat them more than anything, more than anyone. But I hadn't met Magic yet. Once I did, he was the one I had to beat. What I had with Magic went beyond brothers. -
The NBA and the Single Entity Defense: a Better Case?
HARVARD JSEL VOLUME 1, NUMBER 1 – SPRING 2010 The NBA and the Single Entity Defense: A Better Case? Michael A. McCann* TABLE OF CONTENTS I. INTRODUCTION..........................................................................................................40 II. AN OVERVIEW OF THE NBA AND ITS OPERATIONS........................................41 A. The NBA and Its Associated Leagues........................................................................41 B. The NBA and Its Relationship with the NBPA.........................................................44 C. The Collaboration and Competition of the NBA .........................................................47 III. THE NBA AND ITS RELATIONSHIP TO FEDERAL ANTITRUST LAW...........52 A. The NBA as a Joint Venture.....................................................................................52 B. The NBA’s Aspirations for Single Entity Recognition: The Role of American Needle v. NFL...........................................................................................54 C. Does the NBA Have a Stronger Argument for Single Entity Recognition than the NFL? .............................................................................................................................57 IV. CONCLUSION ..............................................................................................................61 * Associate Professor of Law, Vermont Law School; Legal Analyst and SI.com Columnist, Sports Illustrated; Co-Founder, Project on Law and Mind Sciences at Harvard Law School; -
Calling Sports Sociology Off the Bench
calling sports sociology off the bench by dave zirin The job of the sports sociologist is to be a professional debunker of accepted truths. So said Ben Carrington, sociology professor and author-in-res- idence at the University of Texas at Austin. One of many of this new breed of debunkers, Carrington looks at sports in a way that challenges the “accepted truths” laid out by the athletic industrial complex and its stenographers in the press. As a professional sports journalist who tries to do my own kind of debunking, I’ve found many sports sociologists’ research to be indispensable—Grant Farred on how globalization has changed the NBA, anything by C.L. Cole. All do a remarkable job of elucidating the past and present. Photo by Scott Boehm/Getty Images There are papers and studies on everything, from the mean to take a cheap shot at the professor, academic writing, or world of Mixed Martial Arts to the politics of hockey fights, my own intelligence. But the response illustrates the point that that demand a broader hearing. As University of Maryland pro- sports sociologists need more balance, more attention, and to fessor Damion Thomas told me, “Sport sociology brings to expend more effort to inject their research into the larger world. bear a number of intellectual tools that allow one to look crit- The opportunity for sports sociologists to find a hearing ically at power relations while connecting sport to large social arises from the very crisis currently embedded and emerging in issues, including race, class, nationalism, and gender.” the world of sports. -
On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property Imani Jackson
Florida A & M University Law Review Volume 10 | Number 1 Article 8 Fall 2014 On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness as Property Imani Jackson Follow this and additional works at: http://commons.law.famu.edu/famulawreview Part of the African American Studies Commons, Civil Rights and Discrimination Commons, and the Law and Race Commons Recommended Citation Imani Jackson, On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness as Property, 10 Fla. A&M U. L. Rev. (2014). Available at: http://commons.law.famu.edu/famulawreview/vol10/iss1/8 This Note is brought to you for free and open access by Scholarly Commons @ FAMU Law. It has been accepted for inclusion in Florida A & M University Law Review by an authorized administrator of Scholarly Commons @ FAMU Law. For more information, please contact [email protected]. On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness as Property Cover Page Footnote Imani extends gratitude to her parents, for the love of life and learning they modeled for Imani and her siblings. Additionally, Imani thanks her siblings: Malik, Kalif and Kya for being beacons of hope. This author is immensely grateful for Professor Deleso Alford, whose interdisciplinary scholarship inspires Imani's dream of using journalism and law to help vulnerable groups. Imani also thanks Professor John Duncan, whose high academic standards, rigor, and compassion for students cause them to rise to the occasion. Finally, Imani thanks Mrs. Mildred Graham, whose journalistic integrity and Rattler pride ensure that the College of Law's good news is recorded and disseminated. This note is available in Florida A & M University Law Review: http://commons.law.famu.edu/famulawreview/vol10/iss1/8 \ \jciprod01 \productn\ F\ FAM \10-1 \FAM10l.txt unknown Seq: 1 4-DEC-15 8:54 ON V. -
An Intersectional and Dialectical Analysis and Critique of Nba Commissioner Adam Silver and Nfl Commissioner Roger Goodell's Ambivalent Discourses in the New Racism
AN INTERSECTIONAL AND DIALECTICAL ANALYSIS AND CRITIQUE OF NBA COMMISSIONER ADAM SILVER AND NFL COMMISSIONER ROGER GOODELL'S AMBIVALENT DISCOURSES IN THE NEW RACISM Linsay M. Cramer A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY May 2017 Committee: Alberto González, Committee Co-Chair Lisa Hanasono, Committee Co-Chair Christina Lunceford Graduate Faculty Representative Ellen Gorsevski ii ABSTRACT Alberto González and Lisa Hanasono, Committee Co-Chairs In 2014, the leadership performances of National Basketball Association (NBA) Commissioner Adam Silver and National Football League (NFL) Commissioner Roger Goodell (both men who occupy White positionality), in response to two critical moments in their respective leagues, offered insight into prevailing racial and gender ideologies between United States (U.S.) professional men’s sport, and ultimately, U.S. society. In the NFL, a domestic abuse incident between NFL star Ray Rice and his then-fiancé Janay Palmer, two individuals who do not occupy whiteness, and in the NBA, racist comments made by then-owner of the Los Angeles Clippers Donald Sterling, a man who occupies whiteness, required responses and disciplinary action from the commissioners. Utilizing critical rhetorical analysis as a method of textual analysis (McKerrow, 1989), this dissertation examines and critiques Commissioners Silver and Goodell’s rhetorical performances as leaders in response to these incidents -
April 22, 1995
April 29, 2014 practices. He may not be present at any Clippers An Interview With: facility, and he may not participate in any business or player personnel decisions involving the team. COMMISSIONER ADAM SILVER He will also be barred from attending NBA Board of Governors meetings or participating in any other league activity. I am also fining Mr. Sterling $2.5 million, ADAM SILVER: Shortly after the release the maximum amount allowed under the NBA of an audio recording this past Saturday morning of constitution. These funds will be donated to a conversation that allegedly included Clippers organizations dedicated to anti-discrimination and owner Donald Sterling, the NBA commenced an tolerance efforts that will be jointly selected by the investigation, which among other things, included NBA and its Players Association. an interview of Mr. Sterling. As for Mr. Sterling's ownership interest in That investigation is now complete. The the Clippers, I will urge the Board of Governors to central findings of the investigation are that the exercise its authority to force a sale of the team man whose voice is heard on the recording and on and will do everything in my power to ensure that a second recording from the same conversation that happens. This has been a painful moment for that was released on Sunday is Mr. Sterling and all members of the NBA family. I appreciate the that the hateful opinions voiced by that man are support and understanding of our players during those of Mr. Sterling. this process, and I am particularly grateful for the The views expressed by Mr. -
Pierce O'donnell Partner
Pierce O'Donnell Partner [email protected] Ph. 310-201-7558 Pierce O’Donnell is one of the most influential, accomplished, and sought after trial attorneys in the U.S., with groundbreaking success representing clients in closely watched matters across virtually every major industry and area of litigation. Pierce was lead counsel to Shelly Sterling in the litigation surrounding the $2 billion sale of the Los Angeles Clippers to Steve Ballmer. A graduate of Georgetown University and both Georgetown and Yale Law Schools, Pierce’s legal career began with prestigious clerkships for U.S. Supreme Court Justice Byron R. White and Ninth Circuit Judge Shirley M. Hufstedler. This early experience set him on a path that would always combine his passions for trying cases in the courtroom and for writing provocative articles and books outside of his law practice. A Decorated Litigator Pierce was named one of the “100 Most Influential Lawyers in America” by The National Law Journal, as one of "California's Top Entertainment Lawyers" by the Daily Journal, and "MVP of the Year" by Law360. LawDragon has consistently named him one of the 500 leading lawyers in the nation. The Los Angeles Business Journal named him one of the 500 Most Influential People in Los Angeles (2016 - 2018). In 2014, the Daily Journal recognized Pierce as one of the "Top 100 Lawyers in California" and as a "Top Entertainment Lawyer in California." He is a member of the elite International Academy of Trial Lawyers, the American Law Institute, the American Board of Trial Lawyers, and the American Trial Lawyers Association. -
Kang Sung R.Pdf
ILLUSTRATED AMERICA: FREEDOM OF EXPRESSION AND THE DEMOCRATIZATION OF TATTOOS IN CONTEMPORARY AMERICAN CULTURE A DISSERTATION SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI‘I AT MĀNOA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN HISTORY AUGUST 2014 By Sung P. Kang Dissertation Committee: Herbert Ziegler, Chairperson Margot Henriksen Marcus Daniel Njoroge Njoroge Kathryn Hoffmann Keywords: tattoos, skin art, sports, cultural studies, ethnic studies, gender studies ©Copyright 2014 by Sung P. Kang ii Acknowledgements This dissertation would not be possible without the support and assistance of many of the History Department faculty and staff from the University of Hawaii, colleagues from Hawaii Pacific University, friends, and family. I am very thankful to Njoroge Njoroge in supplying constant debates on American sports and issues facing black athletes, and furthering my understanding of Marxism and black America. To Kathryn Hoffmann, who was a continuous “springboard” for many of my theories and issues surrounding the body. I also want to thank Marcus Daniel, who constantly challenged my perspective on the relationship between politics and race. To Herbert Ziegler who was instrumental to the entire doctoral process despite his own ailments. Without him none of this would have been possible. To Margot (Mimi) Henriksen, my chairperson, who despite her own difficulties gave me continual assistance, guidance, and friendship that sustained me to this stage in my academic career. Her confidence in me was integral, as it fed my determination not to disappoint her. To my chiropractor, Dr. Eric Shimane, who made me physically functional so I could continue with the grueling doctoral process.