Cool Things My Friends Do: Josh DeFord - The Global Human Progress Foundation

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and personal lives.  


My friend Josh DeFord cares. In 2009 he helped found the Global Human Progress Foundation with his friend Anaclet Barega. Anaclet had grown up in DR Congo and moved his family to Austin, Texas in 2006 where he met Josh.

After working together for a couple of years Anaclet and Joshua developed a lasting friendship. Joshua began learning about the immense suffering Anaclet's friends and neighbors were forced to endure in Africa. Anaclet suggested to Joshua that they start an organization to build schools and help address areas of suffering in DR Congo.

This was the birth of the Global Human Progress Foundation, a 501 (C) 3.

In the spring of 2012 Josh and Anaclet took a trip to Africa to visit the two schools in DR Congo they have helped support.  The story of their adventure through the war torn region is like a movie.  To hear Josh recount the two weeks in Africa is an amazing story in human suffering and endurance.  His photos, videos and first hand accounts of the lives of the people in this part of the world is unlike anything most Americans will ever encounter.

Anaclet did not return to Austin.  He became ill and died while in his native land, leaving behind a wife and three children in Austin.

Josh is heart broken over the loss of his friend, but he is not letting this tragedy sideline his desire to help those in need.  He is looking to share his story and raise money to fund the two schools the foundation already supports, and to possibly start a third school.

If your organization in Austin, Texas is looking for a speaker.... Contact Josh at joshua (at) globalhumanprogress.org.  His recounting of the trip to Africa will leave your audience in awe of the conditions of those living in this part of the world.  If you are seeking a way to make an impact... Contact Josh at joshua (at) globalhumanprogress.org.  The organization is small, but it has a direct impact on the lives of kids who when not in school are forced into the mineral mines.   

To help Anaclet's family in Austin, you can find more information on this Facebook Page:   https://www.facebook.com/AnacletWisoba

Have A Great Day.

thom singer

Why Lance will be just fine

Last week, just after Lance Armstrong announced that he would not contest the USADA proceedings, I did a radio interview in which the interviewer relayed the comments of a marketing expert who suggested that Armstrong was done as spokesman, fundraiser, and endorser. I disagreed, saying (consistent with similar arguments made elsewhere) that Lance would benefit from not participating in the proceeding; he would argue that the proceedings were biased and illegitimate, that he was the wronged party and justified in not participating (and thus giving USADA legitimacy), and that he remains a clean champion cyclist.

Case in point: Armstrong's speech yesterday to the World Cancer Congress, which he began as follows: "My name is Lance Armstrong. I am a cancer survivor . . .  I'm a father of five. And yes, I won the Tour de France seven times." Combined with reports that Armstrong's Livestrong Foundation saw a dramatic uptick in donations last week, it looks like, at least in the short term, my instinct was right--Armstrong is going to come through this just fine.

Enroll In Speakers College Every Four Years

About the time I decided to pursue speaking as a career I discovered... (or was it invented?)... "Speakers College" (which is different from "Speakers University" which I created later).

Speakers College happens every four years in the late summer.  I first recognized this valuable institution in 1996 and have attended religiously each time it comes around.  Anyone who wants to improve their public speaking skills can enroll as a student.

What is Speakers College?   It is the combination of the Republican and Democratic National Conventions.  Each run for three or four days, along with some key addresses in they days immediately before and after the events.

The broadcast networks cover the main prime-time speeches by they party leaders and other celebrities, while other less famous presenters can be found on cable TV or online.

In order to benefit from the advantages of Speakers College one must leave their political feelings outside.  If you get irritated or mad at the policy positions taken by the speakers you will miss the chance to review the elements of style and delivery.  Students at Speakers College are there to learn, not scream at the TV because of opposing opinions.

Not all of our national leaders are actually that good at giving speeches.  One would think that to reach the highest levels of government that you would gain some oratory capabilities... but the reality is the great ones are few and far between.

In my life time there have been only a few who could really give a fantastic speech (these come from all both of the isle).  But we do not only learn from the good examples.  The times when speakers fall flat, or come off wooden are also learning opportunities.

Politicians do not usually write their own speeches.  They have paid speech writers who craft the words.  Listen closely as you will find some wonderful examples of imagery.  While the credit goes to the candidate, the best lines are often wordsmithed by their staff.

Watch their poise, vocal variety, level of comfort, body language, eye contact, hand gestures, tone, and comfort level as a speaker.  How they behave may or many not directly relate to how you will speak.... but you can learn if you watch.

There are no formal classes at Speakers College.  No dormitories or meal plans.  No quizzes or final exams. There is no football team (But it is like one big fraternity party if you watch closely).  Yet if you enroll you can learn a lot from the teachers from both parties.

Have A Great Day.

thom singer

PEGs: Performance Enhancing Gloves

Researchers at Stanford, led by two biologists, are close to having a commercially viable cooling glove, a device designed to cool core body temperature by cooling blood in particular veins in the palm that are devoted to temperature regulation. (H/T: My colleague Tracy Hresko Pearl).

The research team also discovered that the glove carries athletic benefits. Cooling the body also cools muscles. Muscle fatigue, it has been found, is a product of the temperature in the muscle getting too high (something to do with a chemical enzyme); by cooling the muscles, the glove essentially resets the state of muscle fatigue, allowing an athlete to start over. In a six-week period, one member of the team went from doing 180 pull-ups in a session to over 620; they found similar improvements in bench press, running, and cycling. And several teams--including the Raiders, Niners, Man United, and the Stanford football and track teams--have begun using it.

Given this level of improvement, one of the researchers said that the glove was "[e]qual to or substantially better than steroids … and it's not illegal." But should it be? And if not, returning to a question I asked when I first started blogging, why is the glove different from steroids or HGH or EPO or blood doping or other performance enhances that we have outlawed and decried? All use modern technology and modern scientific knowledge (the science behind cooling was not fully understood until 2009) to improve athletic performance. Athletes training with any of these have a technological advantage not available 10, 20, or 50 years ago.

The only apparent difference is the negative health consequences associated with steroids. But is that all there is? And in our new Libertarian Era, should that be enough?

So Why Not Have a Boxing Dream Team?

A Look at the Potential Implications of Amateur Boxing’s Governing Body Allowing Professional Boxers to Retain Olympic Eligibility

Amateur boxing has a rich history in the Olympic Games. Fordecades, many of the world’s top professional boxers have introduced themselves to the world in medal winning performances in amateur boxing. It thus came as a shock this past month to read about AIBA, the governing body that presides over amateur boxing worldwide, signing several top Olympic boxers, including two-time gold medalist Vasyl Lomachenko, to professional contracts under the new outfit AIBA Professional Boxing (“APB”). Most surprising was the Associated Press report which indicated, in part, that the top 56 boxers who sign with APB to begin their professional careers will have Olympic quota places reserved for them, “while regular professional boxers wouldn’t be eligible for an Olympic shot.” If interpreted as it appears to read, boxers who turn professional under the umbrella of APB, an off-shoot of amateur boxing’s international governing body, will be permitted to return to the Olympics and compete in the boxing competition even though they will have fought as professionals by then, yet those who do not sign promotional agreements with APB cannot. If one thinks that this sounds patently unfair and could eventually spell the death in the participation of amateurs in Olympic boxing, such thoughts do not seem so farfetched. Why would any nation feel compelled to keep sending its best amateurs when those nations with APB signees can send their best professional boxers? A quick look at the intention behind APB and what a country such as the United States might be able to do in order to send its own professionals follows.

For the article, please go to this link.

Union Solidarity?

The gauntlet has been thrown down and things are about to get interesting. As the NFL continues to negotiate with the NFLRA over terms of a new CBA for the league’s officials, replacement officials work pre-season games. In a bold move yesterday, the NFLPA pulled out the “health and safety” card in support of the NFLRA.

In a pointed statement yesterday, NFLPA executive director DeMaurice Smith stated:

“In America it is the employer’s obligation to provide as safe a working environment as possible. We believe that if the National Football League fails in that obligation we reserve the right to seek any relief that we believe is appropriate. The NFL has chosen to prevent the very officials that they have trained, championed and cultivated for decades to be on the field to protect players and — by their own admission — further our goal of enhanced safety.”

Let’s be clear, player safety is the priority for the NFLPA. Above salary, compensation, free agency, two-a-day practices, an 18 game schedule, and anything else you can imagine. According to reports the gap is approximately $6,000 per game to get the best football officials in the world back onto the field. The NFL’s annual revenues? Somewhere in the neighborhood of $9.3 billion PER YEAR.

A few thoughts:

1. Great to see solidarity across unions. Always wondered why the various professional sports league unions (MLBPA, NBPA, NFLPA, & NHLPA) didn’t cooperate more than they do.

2. If you don’t think the NFLPA is serious about both a) protecting their players; and b) their membership’s unhappiness with the replacement officials you’re not paying attention.

3. Lurking in the shadows of this labor impasse is the dark cloud hanging over the league—the concussion lawsuit. Unequivocally, this lawsuit threatens the financial stability of the league. Do you think that $6,000 per game is too much for the NFL to show the league’s players that safety is a concern?

For fans of the NFL, the next several days are going to be interesting.

American Indian Mascot Sensitivity at the University of Utah

The Sports Law Blog has tackled the issue of American Indian mascots many times over the past few years. Last week, Dr. Chris Hill, the Athletics Director at the University of Utah (nicknamed the "Utes" after the local Ute Indian tribe), posted a youtube "chat" where he asked Ute fans to become more "sensitive" to issues that might offend American Indians in Utah and across the country when they attend athletic contests (see below). Specifically, Dr. Hill asks fans to be aware that painting their faces, wearing headdresses, and bringing faux tomahawks to games likely offend sacred and religious traditions of Native Americans around the country. He impliedly asked Ute fans to leave the feathers, headdresses, face paint and tomahawk chops at home.

[ Download ]

Dr. Hill alluded to the Ute logo, the feather and drumset, as appropriate, likely based on the approval of the use of the name and logo by the Ute tribal counsel, and the NCAA policy, that while generally forbidding the use of American Indian nicknames and mascots, allows an exception for University use of such nicknames and mascots if the local tribe approves. Because of this exception, Florida State continues as the Seminoles and Utah continues as the Utes, while the University of Illinois and the University of North Dakota are no longer able to use Native American imagery as their logos or mascots.

While laudable, Dr. Hill seems to miss the broader point that American Indian imagery and caricatures remain significantly injurious to some American Indian citizens (though some polls indicate that Native Americans are split on the issue of mascot offensiveness). If offensive to some, then why continue the use of the mascot name and imagery? Certainly, University of Utah fans can become more sensitive by educating themselves and leaving American Indian regalia at home on game day. Dr. Hill himself mentioned educating himself on the sacred and spiritual in American Indian culture, which no doubt prompted the message to fans. Still, tradition and culture should not support the continued use of names and mascots that offend.

BE SOCIAL - Talk To People

We are obsessed with "social"... but people are being less social in their in-person actions.  You can hardly attend an association or business conference that does not have a track of breakout sessions focused on "Social"... but then you go into the hallways and the attendees are ignoring those around them.

Everyone is buried on their phones trying to keep up on what is going on someplace far away.  They stand around and avoid eye contact with those around them.  We are hungry to connect, but we are not taking actions to engage with other people.

This SXSW Film Festival promo clip makes me laugh (see below or at this link:  http://www.youtube.com/watch?v=Ml0Vn56lBwo).  

The couple meet in line while waiting for film.  The are not on their phones, they actually talk.  They hit it off.  Their lives flash forward to marriage, kids, etc...  But the guy is in the wrong line.  

Even if you are in the wrong place, strike up a conversation.  You never know what it could lead to.  All opportunities come from people.  

If you are at a conference and you are spending your breaks with co-workers or surfing the web on your phone... you have flushed opportunity down the toilet.  If you are waiting in line, turn to someone and say "hello".

I have heard that at the 2013 SXSW Film Festival they are going to sponsor "Line Meet Ups"... a semi-organized effort to get people waiting for a film to network and have fun with each other.  Going beyond a line of hundreds who are reading Facebook and Twitter posts, a "Line Meet Up" could be a spontaneous party on a side walk.  Think about the possibilities. 

Have A Great Day.

thom singer

Legal Issues in Fantasy Sports: Yahoo! More Risk Averse than CBS Sports

As I had predicted last year in my law review article, A Short Treatise on Fantasy Sports and the Law, it was only a matter of time before another public company joined CBS Sports in the cash-prize fantasy football marketplace. As anticipated, Yahoo! has recently announced its launch of Yahoo! Pro Leagues, which are leagues offering up to $500 in cash prizes to fantasy football winners.

Nevertheless, in launching its pay-to-win fantasy football game, Yahoo! seems to be a tad more risk averse than CBS Sports. For example, even though the CBSSports Terms of Service only prevent the paying of prizes to winners in six states (Arizona, Iowa, Louisiana, Montana, Vermont and Washington), the Yahoo! Sports Terms of Service disallows prizes in two more -- Maryland and Illinois.

Yahoo!'s decision not to compete against CBS Sports in either Maryland or Illinois is likely based on the uncertainties in both states' gaming laws. In Maryland, the state governor recently signed into law a bill that exempts certain online fantasy sports games from its gambling prohibitions, and instead grants the state Comptroller the right to regulate the industry. However, to date, the state Comptroller has not issued any regulations related to fantasy sports. Presumably, CBS Sports believes this puts them in the clear to move forward with offering prize-based games.  Meanwhile, Yahoo! is not willing to take that risk. 

Similarly, in Illinois, one section of the state’s gambling law specifies that a person commits a gambling offense if he “[k]nowingly establishes, maintains, or operates an internet site that permits a person to play a game of chance or skill for money or a thing of value.” Yet, another section of that same statute exempts from the law “any bona fide contest for the determination of skill, speed, strength,or endurance.” CBS Sports must be confident that its fantasy football contest is a "bona fide contest for the determination of skill."  Meanwhile, Yahoo! might be less sure, perhaps based on a 1983 Illinois decision that found poker did not fall into this exemption.

Most interesting to me, however, is that even though Yahoo has taken a more risk averse approach than CBS Sports, it still does not outlaw its game in a number of states where some risk may still exist. For example, Yahoo! is willing to pay cash prizes to contestants in Kansas, even though last fall the Kansas Racing and Gaming Commission had language on its website indicating that pay-to-win fantasy sports games were illegal. In addition, Yahoo! is willing to operate in at least one state where a former attorney general has issued an advisory opinion indicating that fantasy sports games are illegal.

Alan Milstein on Al Jazeera English to discuss Lance Armstrong

Terrific discussion on Al Jazeera English with Alan Milstein, Dave Zirin and Grant Wahl. They have a lively, interesting debate on Lance Armstrong. Here's the video:



To read an article on the Milstein/Zirin/Wahl discussion, click here.

My thoughts on Lance Armstrong for CNN International

2012: The Summer of Sports Law

As I thought about this past (and it is past because Boston College's MBA program has already started) summer, I realized the huge impact that "sports law" had on the major events. I wrote the following article which appears on the Huffington Post.

It begins....

Each year I welcome students in my Sports Law course at Boston College by declaring: “To truly understand sports, you must have a basic understanding of the law….let’s begin.” The cycle is straight-forward: the demand for sports on television grows which in turn generates revenue; the business operations to support this growth become more complex, resulting in the law’s ever-increasing role in the events and stories of the industry. The summer of 2012 has poignantly proved my point: virtually every major story, from the Olympics, to college sports, to professional leagues has been shaped by legal principles studied in the first year of law school—civil procedure, constitutional law, contracts, criminal law, and business law.

Let me know what you think....

The Best Speakers Tell Stories

I have said it before... and I will say it again:

"Just because someone is smart or has done something cool -- it does not mean they belong on stage"

The argument over content vs style in conference speakers is silly.... as it is not too much to expect BOTH from those who present.

Yes, information and learning are key factors to a good presentation, but alone they are not much worth remembering.  While in advance of the event people claim that content is king, when they are sitting in a long presentation they desire some speaking style embedded inside the person talking.

Often we sit through presentations that are simply data dumps.  I recently experienced this and I watched as the speaker proved his credibility and sited study after study.  There was nothing in his presentation that was about the audience.  It was just statistics and quotes coupled with charts and graphs.  While the speaker had a naturally pleasing personality that came through in his talk, he had not invested any effort into polishing his style to connect with the crowd.  He referred to his own book so many times that most in the audience wanted to scream "YES, we know you wrote the book".

I do not think anyone in the audience was challenged to think or ponder.  It was just information.  There was no call to action, but worst of all there were no stories about how his theories work in the real world.  A whole presentation without an single anecdote.  He made it clear he was the smartest person in the room, and if that was his goal then he gets an "A+".

People learn through stories.  If we look back to ancient times the tribal leaders did not show pie charts and excel spreadsheets. They told stories.  We are wired to remember stories.  I once read about a study referenced in Discover Magazine (July 2010) that said that the brains of story tellers and those listening actually sync up.   Without stories a speaker is not necessarily on the same page with those listening.

If a speaker is a "Talking White Paper" then we miss out on the ability to have a meaningful experience.  Data without a story is orphaned from the stage.  The speaker is cutting it off from being effective.  If we only are there to receive data the speech is better served as a PDF that is emailed to the audience.

Most people understand my reference to the "Talking White Paper" because that is who takes the stage at countless events.  We do not love these talks, but we get caught up in the "smartness" and fail to complain.  Thus we get the same thing time after time.

"Talking White Papers" are often forgotten before the attendee's heads hit their pillows.  Those who can create an emotional link through the use of story are remembered into the future.  It is not just about the speaking style (YES, YES, YES - we want content).... but it certainly makes a difference in how we experience the conference attendee experience.

Have A Great Day.

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com

Cool Things My Friends Do -- Dave Lutz and Jeff Hurt Are Always Serving Those In The Events Industry

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and personal lives.  

Today's post is not so much about a single cool thing, but instead a "thank you" to a couple of guys who have been very cool (and helpful) to me and others.  In a world where too many are focused on self... it is wonderful to see people who are real givers.

I met Dave Lutz 18 months ago at a conference where I was the keynote speaker.  About the same time I got to know Jeff Hurt via Twitter and other social media communities.  Both of them have become friends and mentors.

They, along with the very cool Donna Kastner, make up the team at Velvet Chainsaw Consulting, Inc.

Velvet Chainsaw Consulting exclusively services companies and associations with their annual meetings, conferences, education and events. They also help technology, service and membership organizations establish and execute plans and processes that result in improved business results.  Their expertise includes – education program design, social media strategy, virtual or hybrid meeting strategy, competitive assessment and change initiatives. Basically, they help make your major meetings bigger and better.

I am highlighting them in my weekly "Cool Things My Friends Do" blog post because they are doing cool things for their clients (they have unique ideas about how to re-invent annual meetings and other events).... but beyond that they always go out of their way to help others find success.

They have helped me several times in formulating ideas for my business, and have introduced me to key people in the meetings business.  At first I was honored that they took a liking to me.... but then I realized it was NOT about me.  Nearly everyone in the meetings and events world tells similar stories about how Jeff and Dave are willing to to help, share ideas, and brainstorm paths to success.

By the way.....Their blog (mostly written by Jeff), Midcourse Corrections, is a must read for everyone who works in and around business and association events.  

Have A Great Day

thom singer

Lance Armstrong = Pete Rose?

U.S. District Judge Sam Sparks on Monday dismissed Lance Armstrong's lawsuit against USADA, concluding that: 1) while USADA processes were questionable, they accorded with due process (although the court skipped the prior question of whether USADA is a government actor); 2) Armstrong had to resort to administrative and foreign remedies; and 3) he contractually agreed to arbitrate all doping matters with USADA. On Thursday, Armstrong announced that he is not going to fight the USADA proceedings. This likely means he will be stripped of his seven Tour de France titles, his Olympic medal, and all other cycling accomplishments dating back to 1998; he also may receive a lifetime ban from cycling.

Armstrong's statement continues to insist that he never doped or used PEDs. It explains that he decided to "turn the page." While he would "jump at the chance" to defend himself if he thought the process was fair or legitimate, he "refuse[d] to participate in a process that is so one-sided and unfair."  But, he reminded everyone, "I know who won those seven Tours, my teammates know who won those seven Tours, and everyone I competed against knows who won those seven Tours."

In taking this position, Armstrong sounds very much like Pete Rose. Rose similarly stopped fighting MLB's investigation and accepted a punishment, but without admitting any wrongdoing.  He then spent fifteen years insisting that he had done nothing wrong and that no one had proven that he had done anything wrong and reminding everyone that someone got all those hits and achieved all those things on the field. Eventually, of course, Rose gave up and admitted wrongdoing.

Curious to see what happens with Armstrong going forward.

Is NCAA abusing discovery process in O'Bannon v. NCAA? Sonny Vaccaro targeted

Jon Solomon of The Birmingham News writes today about the NCAA targeting Sonny Vaccaro, an unpaid adviser to Ed O'Bannon's legal team in the former UCLA star's class action lawsuit against the NCAA.  O'Bannon's case is in discovery and the NCAA wants tons of records from Vaccaro, whom the NCAA describes in disparaging ways:

Court documents filed in June show that the NCAA wants records from Vaccaro. The NCAA says they're relevant to the players' claims they can't sell their likenesses. The NCAA's attorneys use words like "agent," "runner" and "broker" to paint Vaccaro's livelihood coming off the backs of players. 

The players' attorneys say Vaccaro criticized the NCAA long before this suit, and that the NCAA hasn't denied investigating Vaccaro and now wants to accuse him of improprieties.

"This is scorched-earth litigation," the players write. 

Counters the NCAA: "Vaccaro and his organization are at the heart of decisions and financial careers of former student athletes. Vaccaro's participation in gathering plaintiffs is directly relevant to the merits of the claims as well as the qualifications of the class members." 

 For more, click here.

Hey Critics - Read This (By Teddy Roosevelt)

"It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."  -Theodore Roosevelt


"Citizenship in a Republic,"
Speech at the Sorbonne, Paris, April 23, 1910

Paralleling Law School Grades and Wonderlic Scores in hiring decisions by Law Firms and NFL Teams

Boston University law professor Jay Wexler has a terrific new essay for Salon titled "I made Clarence Thomas laugh". The essay explores Jay's experience as a clerk for Justice Ruth Bader Ginsburg from 1998-99. It's informative and also funny:

It is true that Justice Ginsburg is short, maybe even quite short. But listening to people who haven’t met her talk about how short she is could lead you to believe that she is some sort of miniature person who could fit in your shirt pocket or the palm of your hand. In fact, she cannot fit in these tiny places.

One passage, in particular, caught my eye:

Almost all the justices hire four law clerks. Most of the clerks come from a handful of top law schools. People are always asking me, “How did you get that job?” I tell them that the one thing in the world I’m actually very good at is taking law school exams. Indeed, I can write an essay about a complicated set of totally made-up facts under extreme time pressure as well as just about anybody. It turns out that this ability has no relationship whatsoever to being a good lawyer, being a good law clerk, being generally smart, or anything else, but it did go a long way to getting me my job at the Court.

I don't believe a relationship between law school grades (which, especially in the case of first year courses, are usually determined only by a final exam) and success as an attorney has ever been proven. Perhaps that's because that kind of relationship may be impossible to show empirically. It also begs the qualitative question of what "success" means - is it only about making money or is it also about respect from peers or advancement of social justice? Is it simply, what will people remember about your career when your career is over? Others, like Above the Law's David Lat, have explored this topic, but there's no conclusion to be found. There's a folksy expression that I've heard, something along the lines of "the A student becomes a professor, the B student becomes a judge and the C student becomes the wealthy lawyer", but that doesn't seem quite right either.

Still, as Jay notes, success on a law school exam seems unrelated to how one works as a lawyer (or as a judge, law maker, law enforcer, regulator, clerk, professor, lobbyist or one of the many other jobs pursuable with a law degree). You get two or three hours to respond to a completely made-up fact pattern, sometimes without access to a book or notes (because lawyers never get to use books or notes, right?). This kind of exam probably is helpful practice for taking the bar exam, but it does not seem related to work as an attorney.

This reminds me of the Wonderlic Test for the NFL draft. I've written about the Wonderlic before. Like students taking a law school exam, Wonderlic test-takers have to respond to made-up questions in a high-pressured, limited time setting:

The Wonderlic is a twelve-minute, fifty-question exam designed to assess aptitude for learning a job and adapting to solve problems. Although it is administered to prospective employees in a wide range of occupations, it is most famously employed in the NFL, with prospective NFL players strongly urged to take it before partaking in the NFL draft. The exam is thought to measure how well prospective NFL players will comprehend playbooks, react to different schemes and onfield developments, and navigate through the pressures of stardom and celebrity, among other considerations that may affect the quality of their employment. The Wonderlic is also commonly perceived as a proxy for an IQ test.
...
50 questions must be answered in 12 minutes, meaning the test-taker is allotted about 14 seconds per question.

Many have written about what appears to be a lack of relationship between Wonderlic score and success as an NFL player (others, like Jason Chung, have looked at distributing prejudices associated with the test). Still, the test is used by teams in evaluating players. The media also finds it interesting to learn of a player's score, especially a terrible score. Scores are supposed to be kept confidential, but terrible scores seem to get leaked and players with those scores publicly ridiculed as a result. At least law students with bad grades don't get written about in the press.

There's probably something to be said for the idea that decision-makers crave numbers when selecting one person over another. A law firm hiring partner can cite grades as justification to hire one law student over another, and an NFL general manager can use a player's Wonderlic score (along with various other measurements) to justify drafting one player over another. But that doesn't make the decision-making process more accurate or more predictive than other types of processes. And maybe both law firms and NFL teams can learn something from that.

Creating a Unique Keynote Experience

"We would like to work with you, but we want to try something new.  For our event we would like to change out the standard opening keynote.  Are you willing to shake things up with your material?"

YES, YES, YES!!!

I received this call from an association about speaking at an event.  I was thrilled.  I write a lot about the need for taking risks with events, thus I must be willing to go out on a limb myself.

My Conference Catalyst program is already a bit different from your average opening keynote, but this client wants me to push it even farther.  Think theater in the round and finger-painting meet Oprah.  To experiment with something at this level needs buy in from the speaker and the client.... and I am confident that this presentation will have a lasting impact on the audience and my business.

Their purpose is well thought out.  They are not looking to be different for the sake of being different.  They want to get people engaged, make them think, and take action.  They understand that humans have different learning styles and the traditional lecture is not always the best situation to make lasting impact.  The element of  surprise for this audience with a conference attendee experience that is unique will have real meaning.  This will not be the same-old / same-old talk expected from a speaker at an event.

There are five months to prepare this unique program, and I can test the elements that will make this a "WOW" event.  Working with clients who want to push the envelope is exciting.  Creating this unique keynote will set the tone for the whole event.  Can you tell I am pumped up??  ;-)

Have A Great Day.

thom singer

Fixing Sports Agent Law: Preliminary Thoughts, and My New Article

In February 2012, the Uniform Law Commission announced the creation of a Study Committee on Amending the Uniform Athlete Agents Act ("UAAA"). This announcement will likely lead to renewed debate about the proper role of sports agent law.

Today, I posted on the Social Science Research Network ("SSRN") the first draft of my new law review article: Disarming the Trojan Horse of the UAAA and SPARTA: How America Should Reform Sports Agent Laws to Conform with True Agency Principles.

In this article, I argue that the current version of the UAAA operates like a Trojan Horse. On the outside, it appears to provide athletes with legal protection against their agents. Yet, on the inside, it attacks the very autonomy and financial well-being that traditional agency law is intended to protect. I then argue for a number of reforms to sports agent law, including the following:

• The expansion of the Uniform Athlete Agents Act to govern the relationship between professional athletes and their agents.

• An increased emphasis on preventing conflicts of interest between athletes and their agents, both on the professional and amateur level.

• The implementation of a private cause of action to allow athletes to bring suit directly against their agents under the UAAA.

• The removal of language from the UAAA that grants NCAA member schools with a cause of action to sue their own student-athletes for failing to disclose agency contracts.

A full draft of my article is available for download here. Readers' thoughts and feedback are both welcome and appreciated.

Easy First Amendment Cases

Sometimes, they really would be easy. The AD at the University of Arkansas announced today via Twitter a new policy requiring that students get approval in advance from the university for any signs they want to display at football games this season. Obviously, the school is trying to prevent any signs referring to the mess with Bobby Petrino, his mistress, and his motorcycle.

But does anyone at this public institution playing football in a public stadium really believe they could get away with a policy requiring advance state approval in order to speak? Or are they counting on no one challenging it?

Job Posting: International Opportunities Available for US Professional Athletes

Growing up in the United States, our vision for success in professional athletics is limited to the major four leagues—MLB, NBA, NFL and NHL. With the exception of soccer, track and field, women’s basketball and perhaps a few other sports, the US major leagues are the “premier” professional leagues—the prestige, visibility, and corresponding salaries, are the best in the world. However, our perspective is undoubtedly skewed, as opportunities are abundant around the globe. Two examples of recent Boston College alumni help illustrate this point.

Craig “The Rhino” Smith entered the NBA in 2006 after graduating from Boston College as the all-time leading rebounder and second all-time leading scorer. He has played atotal of 403 games over six seasons with Minnesota, Los Angeles, and this past season Portland. As a free agent this summer there were five NBA teams interested in him, but none offered him a starting position. In evaluating his options and goals, Smith surprised many when this past week he signed a one-year deal to play for Hapoel Migdal Jerusalem in Israel.

He was tired of being, as he put it “roster filler,” and this new team offered him a chance to play a prominent role. Smith stated “I was tired of being considered a nice guy and being the 10th guy on a team. I'm really sick of that. There's a fire burning in me.” Smith took considerably less money to chase playing time. Obviously, an outstanding year in Israel may make him a stronger NBA free agent candidate next year, but this was more about wanting to play basketball than “be in the NBA.” [Link to his interview here.]

Ryan Shannon, captain of Boston College’s hockey team during the 2004-05 season, has played 305 games in the NHL making stops in Anaheim (where he won the Stanley Cup in2006-07), Vancouver, Ottawa, and Tampa Bay this past season. Like all NHL free agents this year, Shannon would be left to wait for the resolution of the labor impasse between the NHL and NHLPA this summer, and the contract offer that would surely follow. However, like Smith, Shannon made a decision to go overseas and sign a three-year deal with the Zurich Lions of Switzerland’s professional hockey league.

Shannon, as husband and father, decided that he was after “a good environment for my family, something we’d enjoy…..we want to balance life. It’s not just trying to collect a paycheck.” With the NHL under the cloud of a potential lockout, by heading overseas Shannon secured stability for his young family, a guaranteed paycheck, and an amazing opportunity for a unique experience. [Link to his interview here.]

Neither Smith nor Shannon are all-stars in their respective leagues. Both are smart individuals who have a passion for their sport, but also know that they are not defined by what league they play in. Overseas leagues offer them a significant paycheck, opportunities to ply their craft in a competitive environment,and a slightly different career/life balance in an exotic new locale.

This migration is not limited to these two individuals. As labor conflicts in the professional leagues in the United States become almost routine, athletes are heading overseas with greater regularity—chasing opportunities and stability not available here. I wish Smith, Shannon, and the rest of our athletes heading overseas the best of luck in this new chapter in their lives.