Turning Pro in Hockey

For the sports of basketball and football, the draft entry rules and the NCAA eligibility rules are simple--once someone submits their name to the draft, and they don't pull out prior to the draft, they become ineligible to play in college regardless of whether they are selected or not. Baseball allows a player to be drafted, and so long as they don't sign with the team, they may attend college but the drafting team loses the player's rights.

However, for the sport of hockey, the way in which the NHL draft eligibility rules and the NCAA rules intersect are quite unique. For a variety of reasons, the NHL draft rules permit players to be drafted once they turn 19 (or 18 under certain circumstances). However, the NCAA has determined that so long as the player doesn't sign a professional contract, or sign with an agent, he may retain his collegiate eligibility. The player even may spend time at the team's "development camp" during the summer, competing against pro players. In fact, during the summer of 2014 over 300 players with college eligibility competed in prospect "Development Camps."

These rules produce nuances distinct to hockey:

1. The NCAA allows hockey (and baseball) players to have an advisor, but not an agent, to provide advice to the player and his family as they navigate the often confusing process of decisions that arise. [Don't get me started on the distinction or purpose of this NCAA rule.] The decisions faced include the debate of playing in CHL Major Junior Hockey or going to college. There's a great article that discusses the differences here.
2. If a drafted player attends college, the NHL team owns their rights until August 15th following their senior year. Thus, depending upon the skill of the player and the team's needs, after each college season there is a discussion about the player joining the NHL team or returning for another year of college.
3. As a result, there are literally hundreds of NHL drafted players competing in NCAA hockey--with many teams having a significant percentage of their roster already drafted. Here's a full list of NHL draft picks who played college hockey during the 2013-14 season.

Why am I writing this now, during the dog days of August? Because two events at Boston College highlighted this "twilight zone" recently. First, Kevin Hayes navigated this process masterfully. A first round draft pick of the Chicago Blackhawks during the 2010 entry draft, Kevin followed his older brother Jimmy and decided to embark on a college career. 

While his brother Jimmy, a second round pick by the Toronto Maple Leafs, left college after his junior year (and a national championship), despite interest from the Blackhawks, Kevin passed on signing an NHL deal at the end of each college season. After playing four years at Boston College (and winning a championship himself), he became a free agent on August 15th--free to shop himself to the highest bidder.

Why was this masterful? 1) Kevin earned a college degree; 2) he won two national championships and improved himself by competing at the highest level (finishing third in the Hobey Baker Award this past season); and 3) has the luxury his contemporaries do not--he's an NHL free agent, in demand, at the age of 22.

This other side of the question is the saga of Sonny Milano. Milano, who committed to Boston College, was the 16th selection in the 2014 NHL draft by the Columbus Blue Jackets. The plan was to play at Boston College for a few years, honing his skills while the Blue Jackets still owned his rights. He dominated in international competition all summer, posted a video that went viral on YouTube highlighting his stick skills, and announced last week that he would forgo college and head straight to the Ontario Hockey League to begin his pro career.

To the man who taught me the infield fly rule

My father, Lawrence Wasserman, passed away July 10, at age 85. A friend once told me that losing a parent is when you really become an adult; I kind of believe that. I just ended shloshim, the 30-day period of mourning in the Jewish faith, so it seemed a good time to post this.

My dad was a huge baseball fan. He somehow became a Yankees fan in 1930s/1940s Brooklyn, an interesting choice that probably subjected him to some abuse (although his consolation was that the Yankees always won and the Dodgers always lost). He passed that love of the game down to me (even if I traded the Yankees for the Cubs as an adult--don't ask). I still cry at the end of Field of Dreams ("Dad, you wanna have a catch?"), because, who doesn't? More importantly, though he certainly could not have imagined it at the time, he set me down the path of my two-plus-year (and counting) scholarly obsession with the Infield Fly Rule.

Crazy as it sounds, one of my vivid snapshot memories of childhood is that moment when I first learned about this crazy rule. I was about eight years old and my dad and I were watching a Yankee game on TV. One of the announcers said "Infield Fly Rule is in effect" (standard baseball broadcaster lingo on IFR plays, for reasons I have not yet been able to uncover); I asked what that meant and he explained. And he obviously did it in very clear terms, because I immediately understood both the rule and its logic and his explanation stuck with me going forward. If, as I have argued, to understand the infield fly rule is to understand baseball, then my dad understood baseball. And he made sure I did, as well.

One of the last times I visited him in New Jersey in the spring, I brought along two of my infield fly articles. He flipped through them while we were sitting together talking and he read them after I left. And I am quite certain it is the only thing I have written as a prawf that he read or understood. So that alone made this whole project worthwhile.

Alav ha'sholom.

O'Bannon, College Reform & Title IX

As the dust begins to settle on Judge Claudia Wilken's ruling in the O'Bannon case, many are beginning the process of interpreting the ruling from a variety of perspectives. One of the chief questions relative to paying college athletes, and the brave new world in which the NCAA has been brought, is the role that Title IX will have on its implementation.

One of Sports Law Blog's favorite antitrust economists, Andy Schwarz a partner with OSKR LLC in California, recently penned an insightful article on Deadspin titled "Don't Let Anyone Tell You The O'Bannon Ruling Conflicts with Title IX." Schwarz argues that the payments being proposed by Wilken should be construed as "part-and-parcel of the financial aid offer made to male athletes." As such, they'd fall under the umbrella of the "substantial proportionality" test as required by Title IX. The article is masterful and should be read by all to fully understand this issue.

Our own Michael McCann analyzed the O'Bannon decision for Sports Illustrated and tackled the issue of Title IX, noting that Title IX plaintiff attorneys may have a different perspective than the one Schwarz argues.  Another wonderful piece was recently posted on espnW by columnist Jane McManus titled "NCAA Reforms: Good for Female Athletes?" McManus, who also quotes Schwarz, asks the poignant question "so what is the future of women's sports under this new structure?" Finally, Kristi Dosh wrote a piece which poses more questions than answers, in a column titled "Are O'Bannon Ruling and Title IX at Odds?"

What's clear is that there will be many a law review article penned debating this topic. Title IX recently celebrated its 40th Anniversary and its impact continues to play a major role in higher education.

Weighing in on the potential for criminal charges against Tony Stewart. Thanks to Corey Yung of Kansas University School of Law, whom I first spotted through the link to the Concurring Opinion blog, for helping out with this story.

Based on the reaction to my story on Twitter, this case is as polarizing as they come. Stewart has a reputation as a hothead, leading many fans to conclude that he was -- at the very least -- trying to teach Ward a lesson by swerving/accelerating/spinning his wheels in his general direction. Many others feel that because Ward was out in the middle of traffic, Stewart should be in the clear.

It's not known yet what Stewart told investigators. If he didn't see Ward, it's hard to argue for any criminal charges (here's the view from inside a sprint car). The Ontario County sheriff says the investigation will continue, perhaps for weeks. Interested in anyone's thoughts on whether this is a good or bad sign for Stewart.

The never-ending Donald Sterling saga ends . . or not

Steve Ballmer is the new owner of the Los Angeles Clippers, according to the NBA.  Donald Sterling has a different interpretation, as I write in a new piece for Sports Illustrated.

More on the Legal Fallout of Tony Stewart crash and O'Bannon v. NCAA

I was a guest on ESPN's Outside the Lines tonight to talk about the legal fallout of the Tony Stewart crash.  Here's a video:



In addition, I have a new Sports Illustrated column where I predict that Ed O'Bannon will appeal his victory in O'Bannon v. NCAA.

Potential Criminal, Civil and Contract Law Fallout for Tony Stewart

I have a new column on SI.com on the assorted legal ramifications of the incident last night involving Tony Stewart and the death of Kevin Ward, Jr.  This includes criminal charges, a wrongful death lawsuit and termination of endorsement contracts under morals clauses.  Hope you can check it out.