What gives Congress the power to make sports betting a crime?

By Seth Grossman

 

"No gambling of any kind shall be authorized by the Legislature unless the specific kind, restrictions, and control thereof have been heretofore submitted to, and authorized by a majority of the voters."

– New Jersey Constitution, Article 4, Section 7, Paragraph 2.

Since 1844, New Jersey voters allowed the Legislature to make several types of gambling legal in this state: bingo and raffles by certain organizations, the New Jersey State Lottery, casinos in Atlantic City, and betting on horse races.

On Tuesday, Nov. 8 we will vote on whether to change (amend) this section of the state constitution to allow another type of gambling – betting on amateur and professional sports events – but only at racetracks or Atlantic City casinos.

Unlike California and most western states, New Jersey voters have no power to put questions like this on the ballot by petition. We can only vote on these questions when three-fifths of the members of both the state Senate and state Assembly (or a simple majority in separate votes over two consecutive years) decide to let us.

During the past two years, local Democrats Jim Whelan and Jeff Van Drew worked with North Jersey Democrat Ray Lesniak in the state Senate, and Democrats Mat Milam and Nelson Abano worked with Democrats John Burzichelli and Lou Greenwald in the Assembly to put this sports betting question on the ballot.

Republican Gov. Chris Christie called these efforts "pointless" since federal law makes sports betting a crime in New Jersey no matter what our state constitution says.

Nineteen years ago, Democratic U.S. Sen. Bill Bradley, a former college and professional basketball star, pushed through a federal law that made it a crime for anyone in the country to bet on any amateur or professional sports event, unless they did it in states where it was permitted by state law by the end of 1993.

New Jersey Republicans blocked efforts to let voters approve sports betting in the November 1993 elections. Some say they were bought off or bullied by Nevada money. Others say they were afraid a sports betting referendum would boost voter turnout in Democratic strongholds and make it harder for Republican Christine Todd Whitman to defeat Democratic Gov. Jim Florio.

So federal law permits sports betting only in Nevada and three other states that allowed it in 1993. It is a federal crime in the other 46 states including New Jersey.

Article VI of the U.S. Constitution states: "This Constitution and the Laws of the United States which shall be made in pursuance thereof … shall be the supreme Law of the Land … anything in the Constitution or laws of any state to the contrary notwithstanding.

How can we avoid a federal law by amending our state constitution?

Lesniak, Whelan and the other Democrats claim the federal law against sports betting is unconstitutional, but they never say why. If they did, they would support tea party, conservative and libertarian arguments that federal laws against medical marijuana, Obamacare and federal government control of our schools, light bulbs and toilets are just as unconstitutional.

Article VI of the Constitution does not say that all laws passed by Congress are the supreme Law of the Land – just laws made "in pursuance" of the U.S. Constitution. Laws made by Congress that are not made "in pursuance" of the U.S. Constitution do not invalidate contrary provisions of state laws or constitutions.

To make that point clear, Americans in 1788 refused to ratify the Constitution until 10 amendments, together called the Bill of Rights, were added to it.

The 10th Amendment, a key part of that Bill of Rights, states, "Powers not delegated to the United States by the Constitution, nor prohibited by it to the States are reserved to the States, respectively, or to the people."

Therefore, New Jersey can permit sports betting, unless something in the U.S. Constitution gives Congress the power to control gambling in an individual state.

The powers of Congress are listed or "enumerated" in Article I, Section 8. They give the national government the power to address national problems that individual state governments could not handle on their own: regulating foreign trade and "commerce among the several states," delivering mail, patents and copyrights to protect inventors and writers, national defense, etc.

What in the U.S. Constitution gives Congress the right to make it a federal crime to bet on the outcome of a baseball or football game?

 

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David Garrard’s agent accuses the Jaguars of shady dealings

By MJD

David Garrard's(notes) back became a body part of national interest Monday when its need for surgery prevented him from auditioning for the job of Oakland Raiders starting quarterback.

Tuesday, despite the fact that he won't be playing in the NFL this year, the intrigue surrounding his back continues.

According to Garrard's agent, Al Irby, the Jaguars knew about Garrard's back problems, but told him it was fine. They instead cut him, the accusation goes, because they knew that he wouldn't be able to play and they didn't want to pay a guy to sit on the bench. Here's a snippet of an email Irby sent to the Florida Times-Union:

"At $500,000 per game, they knew he would be down 4-6 weeks. They didn't want to pay that bill," Irby wrote. "Now you know the difference between a first-class organization like Indy, and a sorry organization like the Jags. Indy gave their QB a contract even though he couldn't play all season. ... David was told his back was fine. So he took them for their word.

"Now he has to go to surgery, and Jacksonville is saying, 'Not my problem.' What a first class organization!"

That's a pretty damning accusation. I'm not a doctor, but I'm guessing it's contrary to all sorts of medical ethics codes to know that a guy's back is all gooned up (that's a medical term), and not tell him about it.

It's important to keep in mind, though, that this man's an agent, and agents say things to protect their clients (and also, apparently, to ensure that they can never negotiate with the Jacksonville Jaguars again). The story at the time was that David Garrard was cut because he wasn't very good anymore. Who's to say that wasn't the whole truth, and the news about Garrard's back is new to everyone?

As far as Irby's comparison to the Colts, well, we already knew of about 38 other differences between a first-class organization like the Colts and an organization like the Jags. Nothing against David Garrard, but I don't care if he's playing for the Jags, Colts, Raiders, Shanghai Dongfang Sharks or an intramural team at the Northern Pleasanton College for Ice Cream Truck Drivers, he's not getting the Peyton Manning(notes) treatment. Know why? He's not Peyton Manning.

For their part, the Jaguars say that Garrard "went through the standard process that all players go through when released," which doesn't clear much up. I'm guessing they're not losing a lot of sleep over an agent's accusations, though.

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Majeed's claim about Oz cricketers being 'biggest' match fixers 'true': Basit Ali

KARACHI: Former Pakistan cricketer Basit Ali has backed alleged bookmaker Mazhar Majeed's claims that Australian players were "the biggest" when it came to rigging games.

Australia was dragged into the 'fixing' controversy when sports agent Mazhar Majeed, cricketers, claimed on the tape that Australian players would fix "brackets", one of five particular periods during a one-day international that bookies liked to accept bets on.

"The Australians, they are the biggest. They have 10 brackets a game," he said in the tape played to the court.

Claiming match-fixing had been going on "for centuries", Majeed also named celebrated former Pakistan fast bowlers Wasim Akram and Waqar Younis as alleged participants.

"It's been happening for centuries. It's been happening for years. Wasim, Waqar, Ijaz Ahmed, Moin Khan - they all did it," he was quoted as saying.

At an earlier meeting with the undercover journalist at the Hilton hotel in Park Lane, London, on August 16, 2010, Majeed claimed that he could recruit Hollywood star Brad Pitt, tennis ace Roger Federer and other celebrities to bring some glitz to the proposed UAE cricket tournament.

He also told the reporter that he managed ten Pakistan cricketers, as well as "a couple of Indian players", Australian fast bowler Nathan Bracken and West Indian all-rounder Chris Gayle.

While many of Majeed's shocking claims revealed during the spot-fixing hearing may have been attempts at impressing the undercover journalist, his comments regarding Australian players being the 'biggest match-fixers' were entirely true, according to former Test cricketer Basit Ali.

Cricket Australia and its players have denied Majeed's allegations, however, Basit insisted that what the agent had said about the Australians was true.

"Majeed has told the truth about them. They're the biggest fixers," The Express Tribune quoted Basit, as saying.

He claimed that Australia's World Cup match against Zimbabwe earlier this year was an example of their corrupt practices.

"They scored 26 runs off the first 10 overs with batsmen like Watson and Brad Haddin at the crease. It was a perfect example of fancy fixing," he added.

 

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New law will have little effect on sports

By Kris Henry

effect in January for the 2012-13 school year.

The Oregon Legislature passed the law in this year's session to give families more options when choosing schools that best fit their children. Those choices, however, won't spill over to athletic pursuits, according to Tom Welter, executive director of the Oregon School Activities Association.

Welter said the OSAA initially met with its attorneys and members of the Legislature and expressed concern over open enrollment and he's comfortable that the new law won't alter business as usual.

"The legislative council opinion that we received indicated that there's nothing in the new law that would usurp any of the current OSAA transfer rules," Welter said Monday.

"Right now, it's our intention that our transfer rules will remain unchanged even given the language of the new law," he added. "You have to provide all educational services in the language of the rule, but courts at the state and federal level say participation in athletics and extra-curricular activities is a privilege and not a right."

Translation: Even though your son or daughter is a budding star, you cannot put your child in a certain school to potentially heighten their athletic visibility.

The eligibility of students transferring between school districts in Oregon for athletic activities, cheerleading and dance/drill is governed by the OSAA. Its fundamental rule regarding such transfers is that, to participate in activities covered by the OSAA, a student must attend the high school in the attendance boundary in which the joint residence of the student and the student's parents is located.

There are a series of exceptions to the fundamental rule for public school students but none involve athletic programs. Most of that, according to Welter, stems from the OSAA's desire to maintain a level playing field.

"It's one thing to have open enrollment as freshmen but we are opposed to it afterward because most of the time it's not for educational purposes," said Welter.

Welter said one logical fear is, for example, a group of five elite basketball players get familiar with one another during summer circuit play and decide to attend the same school. Such a move would upset competitive balance, not to mention displace five players already in the program.

"We think the current rules we have in place do a good job in preventing that," said Welter. "And on the surface, that's exactly what you worry about with open enrollment."

On the local level, the athletic directors at North Medford and South Medford high schools each said they don't anticipate much change in conjunction with the new law given their association with the OSAA.

"We don't see it changing things," said South Medford AD Dennis Murphy. "The law doesn't say you're athletically eligible. The law says you can go to school, but you're not necessarily athletically eligible."

Southern Oregon Hybrid athletic directors got together last Wednesday and the open-enrollment law was a topic of conversation, with more questions than answers, according to North Medford AD Tim Sam.

Further examination has cleared up some areas, including one important thing for Medford fans.

"The law does not affect intra-district transfers," said Sam, meaning the traditional transfer rules still will apply for those wishing to go from North to South or South to North.

Superintendent Phil Long has expressed concern that the law will pit districts against districts and families against families, and Sam doesn't disagree. Marketing of what each school has to offer will likely be on the uptick, but there's a fine line when it comes to athletics and the OSAA's policy on undue influence.

"Coaches, faculty, administration, booster club members "… they can't go out and actively recruit," said Sam.

Such misdoings would lead to permanent ineligibility for the athlete, said Welter, as well as sanctions for the school committing indiscretions.

Given the perks that come with allowing transfers into a district — to the tune of about $6,000 per student and the possibility of hiring more teachers to lessen class size — it's unlikely that area districts won't embrace the new law. Districts, however, must notify the state by March 1 the number of students it could accept, based on a transfer cap of 3 percent of total enrollment. Should the number of requests exceed that cap — and requests must be in by April — students will be chosen by a lottery.

Sam said he and his peers expect an increase in eligibility transfer requests, commonly referred to as hardship requests.

"I think we want to get the word out that the school would be the gatekeeper for those requests but, at the same time, the message is clear there has to be a hardship to go through, just not a choice where the family would like their son or daughter to attend," said Sam.

U

EXCEPTIONS TO the OSAA's rule for eligibility come in many shapes and sizes, said Welter.

One little-known fact is that freshmen have enjoyed open enrollment for years. Welter said if you enter a public school as a ninth grader, you are immediately eligible and maintain that eligibility so long as you don't do anything to break the continuity of that eligibility.

Issues are easier to overcome if the district a student resides in is willing to release that student to another district, but Sam said not all incoming transfer requests are approved. Everything is done on a case-by-case basis, and even approval by both districts doesn't mean the OSAA will accept that ruling, although the body's rubber-stamping rate is in the 90th percentile, said Sam.

Should a student choose to transfer but be deemed athletically ineligible by the OSAA, that ruling would only last for one school year. That means a student who transfers at the beginning of their sophomore year, for example, but is denied eligibility by the OSAA, would become eligible to play sports at the school when their junior year rolled around.

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Is the NCAA hiding something?

By JIM LITKE,

Fifteen months ago, Alabama coach Nick Saban called for a crackdown on agents, saying some were no better than pimps. It seemed like a curious choice of words at the time, since the same could be said about some college coaches, who play just as fast and loose recruiting those kids in the first place. But the comparison was spot on in one regard: Like pimps, rogue agents rarely have to worry about getting caught.

Two weeks after Saban kicked off his crusade, an Associated Press survey found that despite laws on the books in 42 states governing agents' dealings with college athletes, they were almost never enforced. Twenty-four states reported taking no disciplinary or criminal action against agents; most didn't even know whether state or local prosecutors had ever pursued such cases. Around the same time, North Carolina's secretary of state decided to take the opposite tack.

With the NCAA investigating whether agents had funneled improper benefits to UNC defensive tackle Marvin Austin and receiver Greg Little — the probe would eventually expand to include former UNC associate head coach John Blake and others — Secretary of State Elaine Marshall set in motion an investigation of her own to determine if the state's sports agent laws were broken. Considering how little cooperation her office has received from the NCAA thus far, it seems fair to ask whose side the organization is on.

Making a case against rogue agents has never been easy. But a decade or so ago, the NCAA tried to make it easier by lobbying state lawmakers to agree on a set of standardized rules. The result was the Uniform Athletes Agent Act, adopted by 39 states, including North Carolina, and similar to those in California, Michigan and Ohio, which retained their own laws to deal with agent oversight. The UAAA gives schools the right to sue agents who violate the law, though there's no chance of an award large enough to undo the damage, which in UNC's case has already been considerable.

Fourteen players missed at least one game and seven players were forced to sit out the entire 2010 season — including Austin and two others taken in the first two rounds in this summer's NFL draft. A Tar Heels team considered a good shot for a BCS bowl wound up 8-5 and in the Music City Bowl instead. Head coach Butch Davis was fired in July, even though he was never tied directly to or cited for any violation and the school still owes him nearly $3 million. In a bid for leniency ahead of next week's meeting with the NCAA's infractions committee, UNC penalized itself last month — vacating all 16 wins from the 2008-09 seasons, cutting nine scholarships over the next three years and agreeing to pay a $50,000 fine.

Considering how much wrongdoing is alleged, gathering evidence wouldn't seem hard. But because the law provided no funding, the secretary of state's office has had to deploy staffers who usually investigate securities fraud to build a case. Getting the NCAA to help has proven an even more daunting task. After some early cooperation, Marshall's office went to state court last week to force the NCAA to turn over documents from its investigation.

'This came as a surprise to us," NCAA spokeswoman Stacey Osburn said in an emailed statement. "We were under the misimpression that we had a cooperative relationship with the office."

There's been too much legal and jurisdictional wrangling to recount here. Suffice it to say that the NCAA provided some documents when North Carolina made its requests through the secretary of state's office in Indiana, where the organization is headquartered, but even those had the confidential information redacted. The NCAA said that was because of the federal Family Educational Rights and Privacy Act — known as FERPA — then added, "We are not sure of the Secretary of State's motives or agenda, but we plan to fight this action aggressively in court."

The NCAA's response is more pragmatic than principled at this point. It's no doubt worried that if it cooperates fully with North Carolina's request for documents from its investigation, it will have to do the same with any other state law-enforcement agency doing the same. Yet that's exactly what the NCAA proposed when it sought out cooperation from the states, the NFL and its players association to deal with an "age-old problem that not just one group or organization can solve on its own."

Where the secretary of state's effort goes from here is anyone's guess. A hearing on its request for an unredacted copy of the NCAA notice of allegations outlining nine violations as well as records of interviews conducted by NCAA staff is set for Nov. 28. The office is running on a limited budget, although some of its subpoenas, especially those involving Blake's financial ties to the late NFL agent Gary Wichard, suggest it might be onto something. Though no one in the office will say as much, they were no doubt hoping that several other states whose flagship schools got caught breaking rules because of improper contact with agents would take up the cause. None have thus far.

Few organizations like to conduct their business in public, which hardly makes the NCAA an exception. But policing the schools, or at the very least helping the schools to police themselves, is the reason the NCAA exists in the first place. And if it can't be counted on to provide cooperation in an instance like this, it has to make you wonder what else the organization might be hiding.

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Sports Mediators

BY Mitch Lawrence

The Kobe Bryant of mediators will attempt to do something Tuesday that NBA owners and players have failed to accomplish in more than two years of negotiating.

Get the two sides to strike a deal.

Federal mediator George Cohen will meet with the warring parties in Manhattan. It's the first bargaining session in eight days, after talks broke off over major differences in the "system" issues and commissioner David Stern canceled the first two weeks of the season.

Last March, Cohen worked 16 bargaining sessions during the NFL lockout, but couldn't work out an agreement in an environment that was far more conducive to a settlement than the one he'll be in Tuesday. As the NBA lockout enters its 110th day, owners are dug in on demanding a new economic system with a harder salary cap, while players are just as entrenched in seeking to preserve the old soft-cap system.

But several sports law experts think that Cohen, director of the Federal Mediation and Conciliation Service, can get the sides moving toward a deal.

"What George will do is listen carefully to the parties bitch and moan about their economic lives, but hopefully hear something which may present an opening for compromise," said Roger Abrams, a mediator and Northeastern University law professor who calls Cohen "the superstar of our profession.

"The beauty of collective bargaining is that almost any difference can be compromised, if the disputing parties want to achieve a deal," Abrams added. "Normally, parties will begin to reason together only after they have experienced a cost of disagreement, in this case the lost paychecks and the absence of gate receipts, etc. The hard cap versus soft cap dispute is a perfect example. There are alternatives to the present system that would make the world better for the owners, but would not bring them to hard cap heaven."

Monday, Cohen met separately with the two sides. Tuesday marks the first time in league history that a mediator will participate in labor talks.

Cohen has been brought in at the 11th hour of Stern's latest deadline, with the commissioner threatening to cancel six more week of the season as soon as Tuesday. That could make his task even more difficult, as he shuttles between the two sides as they sit in separate rooms.

"George doesn't make proposals, he makes 'supposals,'" said Jay Krupin, a Washington attorney and labor law expert. "He'll go to the players and say, 'Suppose the owners do this, what would you say to that?' Then he'll go back to owners and say, 'Suppose the players do that, what would you say to that?'"

Stern has said he is "hopeful (but) not confident" of Cohen mediating a new deal. Knowing the limited time that Cohen could be working on their dispute, players are skeptical of any major progress as well.

"We actually proposed setting aside the entire week to meet with the mediator," said Billy Hunter, the NBA Players Association's executive director. "But because of the NBA schedule, we can't because of the owners' meetings."

Stern, deputy commissioner Adam Silver and several owners will meet tomorrow in Manhattan to go over their plans for a new revenue-sharing system. The plan is not being negotiated with players and is being kept separate from the collective bargaining.

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Milwaukee Brewers to Have a Mix of Old and New on 2012 Roster: A Fan’s View

Baseball players move from team to team as often as guys change underwear. So it should not come as a shock to fans of the Milwaukee Brewers that their team will have a new look in 2012.

This could be good or bad on how you look at it. It's good in that the team has a strong nucleus moving forward. The top two pitchers in Zack Greinke(notes) and Yovani Gallardo(notes) are back as is slugger Ryan Braun(notes). A good young catcher in Jonathon Lucroy should return, and you could do worse than having Corey Hart(notes) back in right for another season. Let's also hope Rickie Weeks(notes) will be 100% healthy to start the 2012 campaign.

I want to remind you that at this early date, this is all still speculation. I'm sure there will be some losses that will hit hard, but there's always the possibility for a young star to emerge.

Let's take a quick look at possible losses that could occur during the winter months, new players that are waiting in the wings, and I'll speculate on free agents that could be heading to Milwaukee.

Losses

It's no secret that Prince Fielder(notes) is going to be one of the most sought after free agents. It's just hard to see which team is going to ante up a ton of money to sign the powerful first baseman. The bullpen could also be hit with significant losses. Francisco Rodriguez has made no secret of the fact he wants to be a closer somewhere else. LaTroy Hawkins(notes) and Takashi Saito(notes) are also free agents this time around and could be goners. Jerry Hairston Jr.(notes) and Mark Kotsay(notes) kind of fit the role of players you would like to have back, but you don't know what they are going to do. I expect Doug Melvin and company to try and bring Hairston back. Veteran player Craig Counsell(notes) is also a free agent and he may opt to retire.

Youthful additions

Expect to see Mat Gamel(notes) in a Brewer uniform next season come hell or high water. Brewer fans have been curious about Gamel, but didn't complain when he didn't get rushed to the show. He's put up big numbers in the minors including batting .310 and hitting 28 homers at Triple-A Nashville this season. I don't know if Gamel can make Milwaukee fans forget about Prince Fielder, but he has a ton of potential.

Also you can look for some young relievers to get a chance if some of the veteran relievers aren't brought back. The key here is finding relievers that can get to the final inning when John Axford(notes) takes over.

Potential Free Agents

This is where it gets interesting. I would call the current crop of free agents top heavy but there is some depth. I expect Yunieksy Betancourt to be gone, so could a player like Clint Barmes(notes) be a possibility? Barmes is a steady player who hit 12 homers in 2011, but batted only .244. Being a Midwestern boy, I have to think Barmes would enjoy playing in Milwaukee, and Milwaukee fans would love him.

The starting rotation may remain the same, but if a change has to be made, how about free agent Mark Buehrle(notes)? The lefty is amazingly consistent. He makes his 30 starts each year and will get you between 13-15 wins. Sounds good to me. Some other free agent starters include Aaron Harang(notes) and Jon Garland(notes).

Looks like the hot stove league will keep Brewer fans good and warm this winter.

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Aaron Rodgers on Sports and Economics

By Don Walker

Green Bay Packers quarterback Aaron Rodgers, interviewed by Jason Wilde during their weekly installment of "The Aaron Rodgers Show" on WAUK-AM (Radio 540), was asked about the difference between the economics of football and the economics of baseball.

Here was Rodgers' answer:

"I think it's interesting to look at the difference between the major sports and how they do business. Baseball contracts are different than football contracts. Football contracts are generally the money is the guaranteed money. That can be broken down into signing bonus, roster bonus and different things.

"In the major leagues, the majority of the contracts do not have those signing bonuses; they are guaranteed contracts and for the duration of the contract it is going to be that amount. They have some different rules as far as young players go with arbitration and the salaries and stuff, but I think the biggest problem that you see, and in Boston and New York and some of these teams don't see it as a problem, is not having a salary cap can often make it not as competitive as some other sports.

"I think one of the great things that our sport has is that we have had a different conference winner in the NFC the last 10 years. That says a lot about the parity in the league and I think that's fun for the fans, and also a challenge for each individual team to try to repeat the success you had the previous year, or change the failures you had the previous year.

"It gives you a lot of hope that that can happen. If you look at the majors, the teams that are competing every year; it's Boston, it's New York, it's Texas, it's Tampa Bay, it's these teams with bigger markets and more money to spend and you're not seeing some of those lower market teams do a lot. That's why when Billy Beane and the A's got their thing going, it was exciting because they had a really small budget and they were making it work, but that is a rarity."

 

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Brazil's sports minister under pressure to quit

* Scandal could affect preparations for big sports events

* Indications grow of faulty govt sports contracts

* Orlando Silva to testify in Congress on Tuesday

By Raymond Colitt

BRASILIA, Oct 18 (Reuters) - Brazil's sports minister came under growing pressure to resign on Tuesday as more evidence emerged of wrongdoing at his ministry in a corruption scandal that raises doubts about preparations for the next World Cup.

Orlando Silva is accused of arranging up to 40 million reais ($23 million) in kickbacks from government contracts to benefit himself and the Communist Party, which is part of President Dilma Rousseff's government.

The influential news magazine Veja reported during the weekend that Silva headed a scheme dating back to 2004 in which 20 percent kickbacks were charged on public contracts, including sports projects for needy children.

Despite Silva's emphatic denials of wrongdoing, he looked increasingly vulnerable on Tuesday as details emerged of sloppy bookkeeping and favoritism in the Sports Ministry's contracts with non-governmental organizations, or NGOs.

Silva was due to testify on the matter in Congress later on Tuesday.

A government watchdog, known by its Portuguese acronym CGU, says 59 contracts signed by the Sports Ministry between 2006 and 2011 did not comply with regulations, according to local media reports. It has demanded that contractors return 24.5 million reais.

"The minister must leave," the Estado de Sao Paulo newspaper said in an editorial.

The newspaper said remaining in office would undermine Silva's authority and create more turmoil for Rousseff, who has already lost five ministers to ethics scandals this year.

The scandals, which had appeared to be abating before the Veja report on Silva, have exposed deep rifts in the disparate ruling coalition and delayed Rousseff's legislative agenda.

The scandal is particularly embarrassing for Brazil as it hopes to use the 2014 World Cup and the 2016 Olympics later to showcase its emergence as an economic power.

HALF-HEARTED BACKING

The construction of stadiums and airport terminals for the events has been delayed and Silva's departure could throw preparations into further disarray.

Even if Silva is not directly linked to corruption, he may ultimately be held accountable for poor oversight.

"Silva's arguments will be put to the test in coming days," Folha de Sao Paulo newspaper said in an editorial on Tuesday.

"But at the head of a portfolio full of suspect deals, his political vulnerability is evident," Folha said.

Rousseff, on a weeklong tour of Africa, has only given half-hearted support to Silva, who was deputy sports minister under her predecessor, Luiz Inacio Lula da Silva. She said he was innocent until proven guilty but also acknowledged shortcomings in the oversight of contracts with NGOs.

"It looks increasingly difficult for him to hang on to his job," said Jose Luciano Dias, a Brasilia-based political consultant.

The man who made the accusations against Silva is a disgruntled former contractor and police officer arrested last year during an investigation into the Communist Party's alleged illegal fund-raising scheme. He says the minister received bundles of cash in the garage of the ministry.

Joao Dias Ferreira, a former Communist Party activist whose Kung Fu association received government funds, says he has audio tapes to prove his allegations.

Silva has rejected the accusations, saying the Veja report was based on false information provided by criminals. He told a news conference on Monday that his predecessor at the ministry, Agnelo Queiroz, had recommended financing Ferreira's outfit.

 

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Govt to restrict RTI Act applicability

By, Chetan Chauhan

 

India's transparency law – Right To Information – will not change but the government wants to restrict its applicability through other laws. Two new draft laws --- National Sports Development Bill and National Nuclear Safety Authority --- have specific provisions prohibiting disclosing

 

information in addition to the exemption clauses already in the RTI law.

Prime Minister Manmohan Singh on Friday wanted a "critical look" at these exemption clauses asking to examine changes in light of whether they serve "larger (public) good". Law minister Salman Khurshid on Sunday ruled out any changes in the RTI law after the PM's statement evoked strong reaction from National Advisory Council member Aruna Roy.

The draft sports law readied by Sports ministry after the Union Cabinet asked it to "re-cast" the bill this September, exempts information related to selection of sportspersons, their performance and injury from the purview of the RTI law, made applicable to sports bodies including Board of Control for Cricket in India (BCCI).

International Cricket Council president Sharad Pawar with renewable resources minister Farooq Abdullah and heavy industries minister Praful Patel had objected to invoking RTI for cricket. 

"BCCI and sportspersons had apprehended that providing such information may give competitive edge to rivals and would also create bad blood among competing sportspersons," Sports Minister Ajay Maken told HT.

He also explained that the objective of making RTI applicable to sports federations including BCCI was to bring administrative and financial transparency. "Without making any compromise on the issues  of transparency and good governance we have tried to accommodate the genuine concerns of BCCI and other sports federations," he said.

The draft law, which would soon be submitted for Cabinet consideration, also prohibits seeking information under RTI regarding dope tests conducted on players and their whereabouts, as objected by the BCCI. With these changes, the ministry believes it would be able to get the Cabinet approval.

The government intends to amend the RTI law to exempt the proposed nuclear energy regulator --- National Nuclear Safety Authority --- from ambit of the transparency law. The draft nuclear authority bill approved by the Cabinet intends to list the authority among government bodies such as CBI exempted from applicability of the transparency law.

The bill also seeks to amendment the RTI law to prevent seeking information on the ground of "large public interest" clause from the proposed authority. The RTI law provides for waiving off the exemption clauses if there is sufficient evidence to claim that providing information would be in public interest.

 

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Law limits schools' liability when groups use grounds, facilities

Written by Tony Gonzalez

Tennessee schools have one less obstacle to opening buildings and sports fields to their communities, thanks to a law change being applauded by child fitness advocates.

State code signed into law in June and being explained to schools this fall frees schools from liability when they sign agreements to allow athletic leagues, churches and community groups to use school grounds.

"Our taxpayers pay for this equipment, whether it's tracks or gyms. Meanwhile, communities are looking for low-cost solutions. It's really a win-win," said Chastity Mitchell, a senior director with the American Heart Association, which pushed for the change.

Counties surveyed by the association said "loud and clear" that they were afraid of being sued for accidents, Mitchell said.

Now, liability should be less of a concern (in cases of gross negligence, a school could still be liable).

And because the association found that existing joint-use agreements vary in their formality, the law includes a phrase encouraging agreements to be written out and to address security, supervision, hours and maintenance policies.

The association also found that wear and tear on school buildings, scheduling difficulties and the preferences of individual school principals may still be hurdles.

Rutherford County has overcome those challenges to ink many joint-use agreements, including 23 this year, granting access to dance, sports and scouting groups. Rebecca Johns-Wommack, executive director of the state's Coordinated School Health Office, touted the county as a model.

"It takes everyone working together to make children healthier," she said.

It's easy: 'They just fill out the form'

Out in the field, Jenna Stitzel, Coordinated School Health supervisor for Rutherford County, said joint-use agreements are easy because a process is in place.

"They just fill out the form," she said.

School principals and the school board also must approve the agreement.

School health coordinators including Stitzel are informing schools across the state of the new law and looking for ways to connect schools with neighborhoods, Johns-Wommack said.

Similar legislation is in the works in 17 states, including Georgia, Alabama and Mississippi.

Mitchell hopes a gradual "culture change" will lead schools to unlock facilities for families to use anytime.

"The law gives us … the permission to start that cultural shift, but it's going to be up to us to continue educating folks," said Ted Cornelius, executive director of the YMCA's Pioneering Healthier Communities initiative.

The YMCA of Middle Tennessee has been a major user of schools, with after-school programs in 150 schools in eight counties.

Parks departments know benefits

Numerous Middle Tennessee communities know the benefits of schools and recreation departments working together.

Tennessee's Parks and Recreation Technical Assistance Service identified joint use as one of the most economical ways a community can expand recreation options. More than 50 communities have agreements in place.

Sharing facilities is essential in places such as Hendersonville and Williamson County, officials said.

In Hendersonville, the parks and recreation department does not own a gym, but that hasn't slowed Director Dave LeMarbre from getting basketball programs running inside schools.

He said the agreement was initiated in the late 1980s, when an imbalance developed between the schools' use of baseball fields and tennis courts and the recreation department's request to use basketball gyms.

Now they work together, without fees.

"It's win-win," LeMarbre said.

Williamson County's parks and recreation leaders said they've learned how to maintain a healthy agreement. For example, they do maintenance walk-throughs with principals when their school-based summer programs end.

While the parks department uses a handful of elementary schools for summer programs, high school students swim at the parks department pools.

"The other night, the band was practicing, the girls were playing soccer and the boys were practicing football, all on our property," said Bob Feinstein, deputy director of the Williamson County Parks and Recreation Department.

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Afghan Stadiums Now for Sports, Not Violence

By, Sean Maroney

Ten years ago, the Taliban used Kabul's main sports stadium for public executions.  Now, athletes crowd the grounds as more and more young Afghans flock to sports in a post-Taliban Afghanistan.

During Taliban rule, hundreds of Afghans would fill the Ghazi Stadium in Kabul, but just not always for sports.

The Taliban used the stadium as a venue to punish and even execute those accused of breaking the law.  It did not matter if you were a man or woman, the Taliban publicly punished anyone who did not follow their interpretation of Islamic law.

But since the fall of the Taliban government in 2001, Afghanistan's Olympic Committee spokesman Mohammad Arif Payman says a lot has changed for sports venues such as the Ghazi Stadium.

"Fortunately, the conditions have changed significantly here in the past 10 years," said Payman.  "New venues have been established for sports.  And other provinces have their own sports teams as well.  Boys and girls are all taking part in sports.  These players have medals both at home and abroad."

Ten years ago, Afghan sports teams did not officially participate in international sporting events.

But now, Maihan Wali, the captain of Afghanistan's women's basketball team, says the teams are introducing the new Afghanistan to the world.

"During the Taliban regime, boys and girls did not have the opportunity to participate in sports, and they were not allowed to serve the country in the social sector," said Wali.  "Now that the Taliban is no longer in power, both boys and girls are joining sports teams with enthusiasm.  They want to serve the country through sports and earn respect for the country and their families."

With this former venue of violence now a place for friendly competition, young Afghans hope the rest of their country will transform in a similar way. 

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Mark Podolski: Browns should end Hillis saga with a new contract

By Mark Podolski

The Peyton Hillis saga is a sad one, because it should have never come to this: Twitter as Hillis' best defense.

It's the era we live in. Instead of facing reporters and clearing the air with spoken words, the Browns running back defended himself with written words.

In case you missed his tweets (@thepeytonhillis), here they are:

"I love the fans of Cleveland..the city that gave me a chance. I play hard in every play of every game.

"If I could have physically played against the Dolphins I would have. I love this city and hope to retire here."

Those words would have probably meant more spoken and not written, but at least they are out there. Someone has to try to put an end to this confusion.

It started before the Dolphins game, which the Browns won. Let's not forget that. Hillis missed the game with strep throat.

Reportedly, Hillis' temperature was 104 and he lost 10 to 12 pounds while suffering through the illness. It's laughable anyone has questioned Hillis' toughness.

Agent Kenard McGuire attempted to defend his client, but only made matters worse, thus Hillis taking matters into his own hands and going to Twitter.

McGuire told The Associated Press that Hillis was too sick to play, and he could have jeopardized his career if he played at less than 100 percent.

Coach Pat Shurmur's comments weren't exactly a ringing endorsement that he and the organization were 100 percent in Hillis' corner when he didn't play against Miami.

When ESPN's Adam Schefter reported unnamed Browns players questioned Hillis sitting out the Dolphins game, it only fueled the speculation, and deservedly so. Schefter is well-respected, and the NFL reporter would not have gone on air with that information unless it had merit.

These kinds of things happen with more than 50 players on a team. Not everyone gets along, and I'm sure there's jealousy among players. That's life. Leaks occur all the time, but someone among the Browns' brass needed to plug that leak.

Instead, Josh Cribbs did his best, speaking on Cleveland's newest sports talk radio station, 92.3 The Fan, this week and telling Mark Schwab and Jeff Phelps he and his teammates are not questioning Hillis and his desire.

In case you were wondering where team president Mike Holmgren has been throughout this mess, Pro Football Talk's Mike Florio reported Saturday that McGuire and the team met after the Miami game to discuss Hillis' contract, which expires after this season. The report did not specify if Holmgren was present, but it's a safe bet he was.

If the report is true, at least the sides are talking, but confusing matters are McGuire's comments and Hillis' tweets. Negotiations can't be running smooth.

Still, if anything needs to end now, it's this: Perception is becoming reality.

The perception is the Browns don't want Hillis, at least at his agent's asking price. The perception is Hillis is putting negotiations ahead of his role on the team.

Hogwash.

I interviewed Hillis on the phone this summer for 20 minutes, and for the first time in my journalism career, a pro athlete started the conversation with "Hello, sir" and ended it with "Thank you, sir."

Does that mean Hillis is right and the Browns are wrong? Absolutely not.

For me, it does mean something. If Hillis shows respect to someone he's never spoken with in his life, I'm confident Hillis will show even more respect for his job, his employer and the sport.

The Browns have an opportunity to fix this by paying the man. Hillis says he loves the Browns and Cleveland, and the fans have shown that love in return.

It's time the Browns show that love.

The tweets, the rumors and the controversy need to end.

For more information on these matters, please call our office at 305 548 5020.

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NBA lockout becomes real as owners, players dig in

BY BRIAN T. SMITH

The Salt Lake Tribune

Saturday marked the 100th day of the 2011 NBA lockout.

Sunday marks the first moment of clarity.

Representatives for league owners and players are not scheduled to meet in New York for a last-minute conference that could end the work stoppage and produce the framework for a new collective bargaining agreement (CBA) — a deal that would preserve the entire 82-game 2011-12 regular season and dissolve more than two years' worth of personal frustrations and philosophical divides.

With no compromise in place, dominoes will fall.

The NBA will issue a news release Monday declaring that the first two weeks of the season have been canceled, erasing eight Jazz games from the calendar. At the same time, 30 NBA arenas will go dark. League offices will remain open, but practice facilities will stay closed. Coaches and team executives will still be unable to have any contact with players without facing a major fine.

As the fracture between league owners and players becomes deeper, the NBA will enter the unknown.

A lockout that started July 1 and has already entered its fourth month could either end by mid-October or stretch into 2012. Even if a CBA is reached in the near future, it will take about a month for the league to ratchet its basketball machine back up to full force. For every additional week that passes without an agreement, another slate of games will be permanently removed from the 2011-12 schedule.

The NBA is just a day away from canceling regular-season contests for only the second time in the league's 65-year history. There is no going back once commissioner David Stern issues his edict Monday.

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Could sports betting be Atlantic City's Hail Mary?

|By Suzette Parmley and George Anastasia

LAS VEGAS - Here in Sin City, at elaborate arenalike theaters with rows of plush seating and walls of giant LCD screens and monitors, sports wagering brings in very big bucks. This year's Super Bowl between the Pittsburgh Steelers and the Green Bay Packers drew wagers at casinos on the Strip totaling about $87.5 million.

It also attracted 272,000 visitors to Vegas who spent an additional $84.6 million - nearly as much as was wagered on the game - on non-gambling-related items such as hotel rooms, meals, shows, and souvenirs, according to the Las Vegas Convention and Visitors Authority.

Which is why Atlantic City - whose casinos could raise a projected $200 million a year from sports betting - is in the hunt now for a piece of the action.

For more information on these matters, please call our office at 305 548 5020.

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Alex Rodriguez: Why 2011 ALDS Proves He's Worst Contract in Sports History

After the New York Yankees loss in the ALDS to the Detroit Tigers, it is clear that Alex Rodriguez is not deserving of his mega-contract.

The Yankees owe Rodriguez  $143 million over the next six years of his contract and will be 42 years old by the team his deal expires.

It is becoming more and more clear that the New York Yankees drastically overpaid for A-Rod's services. Here are some major reasons further proving why.

He Can't Come Through in Big Situations

With the New York Yankees' postseason hopes on the line, Alex Rodriguez came to the plate.

Rodriguez is supposed to be not only the best player on the Yankees, but also one of the best in the game (well, technically the best if we're going by monetary value).

It appeared as if A-Rod was over-matched by Tigers pitcher Jose Valverde and struck out swinging.

Whenever the Yankees needed a hit from Rodriguez, he could not deliver in the ALDS: He went 2-for18 in the series and struck out six times.

Rodriguez Has Begun to Have Injury Issues

Earlier this season, Alex Rodriguez suffered a torn meniscus which kept him out of action for a number of weeks.

Rodriguez also suffered from a sore shoulder, keeping him out of the action for a few games. On top of that, Rodriguez also suffered a finger injury this year.

All of these injuries limited Rodriguez to just 99 games this year. Rodriguez also had injury issues during the 2010 season when he was forced to go on the DL with a calf strain.

A-Rod's Production Has Dropped

This year there was a large drop in Alex Rodriguez's production. He failed to hit 20 home runs and finished with a .276 batting average.

While some of this is attributable to injuries, Rodriguez's 162-game averages were down as well.

In both 2009 and 2010, Rodriguez hit 30 home runs. The Yankees cannot be paying him over $20 million a year if he is hitting just 30 home runs.

The past three seasons, he has been paid $97 million but worth $53.5 million.

After the New York Yankees loss in the ALDS to the Detroit Tigers, it is clear that Alex Rodriguez is not deserving of his mega-contract.

The Yankees owe Rodriguez  $143 million over the next six years of his contract and will be 42 years old by the team his deal expires.

It is becoming more and more clear that the New York Yankees drastically overpaid for A-Rod's services. Here are some major reasons further proving why.

He Can't Come Through in Big Situations

With the New York Yankees' postseason hopes on the line, Alex Rodriguez came to the plate.

Rodriguez is supposed to be not only the best player on the Yankees, but also one of the best in the game (well, technically the best if we're going by monetary value).

It appeared as if A-Rod was over-matched by Tigers pitcher Jose Valverde and struck out swinging.

Whenever the Yankees needed a hit from Rodriguez, he could not deliver in the ALDS: He went 2-for18 in the series and struck out six times.

Rodriguez Has Begun to Have Injury Issues

Earlier this season, Alex Rodriguez suffered a torn meniscus which kept him out of action for a number of weeks.

Rodriguez also suffered from a sore shoulder, keeping him out of the action for a few games. On top of that, Rodriguez also suffered a finger injury this year.

All of these injuries limited Rodriguez to just 99 games this year. Rodriguez also had injury issues during the 2010 season when he was forced to go on the DL with a calf strain.

A-Rod's Production Has Dropped

This year there was a large drop in Alex Rodriguez's production. He failed to hit 20 home runs and finished with a .276 batting average.

While some of this is attributable to injuries, Rodriguez's 162-game averages were down as well.

In both 2009 and 2010, Rodriguez hit 30 home runs. The Yankees cannot be paying him over $20 million a year if he is hitting just 30 home runs.

The past three seasons, he has been paid $97 million but worth $53.5 million.

The Contract Expires When He Is 42 Years Old

Unless A-Rod some how manages to find the fountain of youth, the New York Yankees will be drastically overpaying for him in the final years of his deal.

He will be getting over $20 million a year when he in his 40s.

The Yankees will also be making a number of additional payments to Rodriguez based on home run milestones. He will get a $6 million payment when/if he reaches the 660, 714, 755, 762 and 763 home run milestones.

This means the Yankees could potentially pay him an additional $30 million. Rodriguez will almost certainly hit one, if not two, of these milestones.

For more information on these matters, please call our office at 305 548 5020.

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