Monday, June 02, 2008

My Strategy Was to Handcuff Posner to Scalia

Unathletic dorks everywhere rejoice as Steinbrenner weeps:

The Supreme Court on Monday refused to step into a dispute between a fantasy sports business and professional baseball.

Without comment, the justices declined to hear the case involving a segment of the $1.5 billion fantasy sports industry in the United States, in which participants manage imaginary teams based on the real-life performances of professional players.

The lawsuit involves C.B.C. Distribution and Marketing Inc., a Missouri company unable to obtain a license from a subsidiary of Major League Baseball to use players' names in C.B.C.'s fantasy baseball games.

The Missouri company sued, saying it did not need a license to continue to sell its fantasy baseball games on its Web site.

The baseball players' union jumped into the case on the league's side, alleging a state law violation of the players' publicity rights _ the ability to profit from the commercial use of a person's name.

A federal court and the 8th U.S. Circuit Court of Appeals in St. Louis ruled in favor of the fantasy baseball business, saying that enforcing state law rights would violate C.B.C.'s right of free speech protected by the First Amendment
.

What really sucks about this is that I don't get any points for a denial of cert in my Fantasy Federal Courts league. I got both Scalia and Souter (1st and 3rd rounds respectively) and three quarters of the 8th Circuit (I'm kind of a homer, much like many a typical Minnesota fantasy footballer who drafted Tavaris Jackson in the 1st round last year).

It's a great league, the rules are simple:

ALL BASE POINT VALUES ARE MULTIPLIED BY THE CIRCUIT NUMBER AND ASSIGNED BASED ON THE TYPE OF OPINION AUTHORED BY THE JUDGES /JUSTICES ON YOUR TEAM. CIRCUIT COURT OF APPEALS FOR THE FEDERAL CIRCUIT MULTIPLIER IS 15; SUPREME COURT, 20.

BASE POINT VALUES:

Author of unanimous published opinion: 10 pts (1 point bonus if court is sitting en banc)

Author of majority opinion: 8 pts (1 point bonus if court is sitting en banc)

Author of plurality: 7 pts

Author of concurrence which is joined by one or more justices: 6 pts.

Author of dissent joined by one or more justices: 5 pts.

Author of writ declaring cert as improvidently granted: 3 pts

Author of dubitante: -5 points

As you can see, if the court had granted cert and affirmed the 8th Circuit's decision in an opinion by Justice Souter, I could have double-dipped on points. Curse the luck.

DISCLAIMER: I am not nor ever have been in a Fantasy Court League. To the best of my knowledge no such thing exists. However, the Author of this ThunderJournal is aware that there are many people out there who think this might be a good idea. This ThunderJournal assumes no responsibility for any dateless wonders who actually think this might be fun starting a league, to the extent that no royalties are involved.

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