Sports Law: April 2008 Archives

Senate Passes GINA

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ecur.jpg
   In a rare act of nonpartisanship, the Senate passed the Genetic Information Nondiscrimination Act 95 to 0. The Bill, which is expected to shortly sail through the House and then be signed by the President, aims at the two areas of concern over the abuse of DNA testing: it will make it illegal for insurers to deny health coverage to someone on the basis of genetic information and will bar employers from hiring or firing anyone on the basis of such information.

              You might recall this office raised precisely these concerns when arguing that NBA center Eddie Curry could not be compelled by his then employer, the Chicago Bulls, to undergo genetic testing for hypercadiomyopathy. The Bulls ultimately backed down from the demand and traded Curry to the New York Knicks.

              The Senate Bill will be welcome protection to citizens in this brave new world where DNA testing may reveal our propensities, but not our certainties, to contract certain diseases, become addicted to certain behaviors, or engage in certain socially undesirable activities.

 

Alan Milstein

One And Done

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Here is an excellent article on the absurdity of the current NBA eligibility rule. The author makes the point that it does a disservice to the integrity of the college system to require athletes ready to compete at the next level to spend one year and one year only at an institution of higher learning.

Alan Milstein


Oklahoma Supersonics?

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sonics.jpgOur friend Michael McCann was recently interviewed by NPR about the vote by the NBA to allow the Seattle Supersonics to move to Oklahoma City. Click here to listen.

The Empire Strikes Out

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ortiz.jpg            It is not a good time to be a New York Yankee.  It has been seven years without a championship in which time not only have the Red Sox won two titles, but they came back from a 3-0 deficit (and losing in the ninth inning in Game 4) to beat the Yankees and advance to the World Series.  Not only are the Yankees second best on the field but they can not take a joke.

 

By now you have surely heard that the Yankees are building a new stadium.  As a joke, construction worker Gino Castignoli buried a Red Sox jersey underneath the new stadium last year.  The Yankees found out and, rather than letting the jersey stay there, spent approximately $50,000.00 to remove the jersey.

 

Even though this was unnecessary, the Yankees could have generated good public relations because they are donating the jersey to Boston’s Jimmy Fund, which raises money for cancer treatment and research.  Instead, the Yankees sourly have said they may pursue criminal and civil charges against Castignoli.

 

Memo to Yankees: Grow up.  You have no cause of action and no damage.  As Castignoli says, “Anybody with half a brain knows it was all done in fun.”  Try putting your efforts into beating the Red Sox on the field, not in the courtroom. 

 

Jeffrey Resnick 

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This page is a archive of entries in the Sports Law category from April 2008.

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