Category Archives: Blog

The Lost Art Of Argument

Watch this University of Oregon documentary highlighting the power of counter-argument, embodiment and metaphors, framing, and values in argument.

Joshua Gordon Appointed as Arbitrator with the Court of Arbitration for Sport (CAS)

SCI’s Joshua Gordon was appointed by the International Council for Arbitration for Sport (ICAS) as an Arbitrator with the Court of Arbitration for Sport (CAS) on both the CAS football list and the CAS general list.

“The Court of Arbitration for Sport (CAS) is an institution independent of any sports organization which provides for servic­es in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the­ specific needs of the sports world.

The CAS was created in 1984 and is placed under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS).

The CAS has nearly 300 arbitrators from 87 countries, chosen for their specialist knowledge of arbitration and sports law. Around 300 cases are registered by the CAS every year.”

See https://www.tas-cas.org/en/general-information/frequently-asked-questions.html for more information about the Court of Arbitration for Sport

Athletic Director University’s 1.Question Podcast Features SCI’s Joshua Gordon

SCI’s Joshua Gordon joins the 1.Question Podcast to discuss the process of building a successful organizational culture. Gordon, consultant to multiple athletic departments, corporations, and sports teams talks about the importance of going beyond stating core values, but communicating them in terms of behavior to avoid misinterpretation. He emphasizes being deliberate in developing culture similar to strength training and game planning, stressing the importance of discipline and structure to be successful.

To listen to more episodes of 1.Question, be sure to search for 1.Question Podcast in your favorite podcast app

Can You Really Have Fun While Winning? Examining Coach Willie Taggart

Can fun lead to success?

The long held belief in sports is that the fun is primarily reserved for the post-victory celebration. Must that hold true? In fact, is it possible that making the process itself fun might be a key in unlocking athletic success? Are “dance offs” the new moneyball? Is there immeasurable success in the non-quantifiable?

Resident Florida State University and University of Oregon expert, Dr. Ken Pendleton, discusses football coach, Willie Taggart’s, interesting mix of innovation and “old school” tendencies to discuss his alignment at both his previous stop at the University of Oregon and his new gig at Florida State University.

Watch or Listen Now

What Happened with the United States Men’s National Team?

Should an entire system be re-examined because of one loss?

When the U.S. men’s national team lost 2-1 to Trinidad and Tobago – a moment that meant their elimination from contention for World Cup 2018 – the entire movement toward popularity for soccer in the United States suffered a blow.

What went wrong and how to re-align

Dr. Ken Pendleton and Joshua Gordon discuss the implications and ponder what went wrong and how to re-align this off-the-track train.

Watch

Or Listen

NCAA In Crisis | A Catalyst for Change?

Is there reason for optimism in the current NCAA crisis?

The recent FBI investigations of NCAA Men’s Basketball have, once again, shed light on the darker side of the business of college sports. Dr. Ken Pendleton and Joshua Gordon discuss the foundational tensions at play and potential opportunity amidst the crisis to re-imagine the revenue producing side of college sports.

Is it possible that these two have uncracked the keys to the future of the NCAA?

Watch

Or Listen

Sports and Politics

The recent uptick in protests in response to President Trump’s vocal criticism of Colin Kaepernick’s activism and other athletes using the national anthem to protest social issues has brought the topic squarely into the nation’s public conversation.

Dr. Ken Pendleton and Joshua Gordon discuss some of the historical context and current considerations on SCI TV.

Watch now.

Or listen now.

So Much for the Old College Try

Christian McCaffrey’s decision to opt out of the Sun Bowl so that he can prepare for the NFL draft raises several important questions: Is this really in McCaffrey’s own interest? What steps can the NCAA take to compel high profile football players to play in bowl games? And what does such a calculated decision say about the meaning of sports?

Did McCaffrey choose wisely?

The simple answer is, yes, because he has minimized the chance of suffering a serious or even career-ending injury. Jaylon Smith has expressed no regrets about the knee injury he sustained while playing for Notre Dame against Ohio State in last season’s Fiesta Bowl. You can bet, however, that other players and agents are well aware that he dropped in the draft and could end up losing tens of millions.

The problem is that McCaffrey’s stock might have already dropped precisely because he chose not to play. Some GMs, personnel directors and coaches are probably wondering whether he will play through injuries in regular season, or even playoff games. And whether he will retire early once he has met his financial goals.

Finally, if his pro career fizzles, you have to wonder how welcome he will be back in Palo Alto. Many a college star who fails to make the professional grade can carve out a good living back at his alma mater, but will Stanford’s athletic department and alumni forgive him?

College football has a larger problem

The NCAA should be very concerned that McCaffrey chose to do this. His dad and mom were stars at Stanford and he was no doubt raised bleeding Cardinal red. He is not a financial hardship case and a five-million dollar insurance policy had already been taken out in his name. Playing would not risk the financial future of his family. And, unlike Leonard Fournette, the LSU tailback who also opted to skip a forthcoming bowl game, he was not still recovering from a long-term injury

McCaffrey’s decision appears to be quite calculated. The chances of a serious injury are too high to risk playing in a minor bowl game against a second or third-tier team with four losses.

Nick Saban has pinned the blame for Fournette and McCaffrey’s decision on the fact there is now a playoff season. The playoffs grab all the attention, he argues, and thus diminish the value of bowl games. There might be a little truth in this, but do you really think the Sun Bowl would be more eagerly anticipated if there was no playoff?

The bigger problem, by far, is that there are too many bowl games and very few of them are even remotely appealing. I am sure Florida State and Michigan would prefer to be facing off in a playoff game, but I doubt you will see Dalvin Cook or any other players skip out because this bowl game still matters.

At the end of the day, to paraphrase Billie Jean King, we want to see two teams who are really good at what they do playing their behinds off. FSU-Michigan meets those criteria, but Stanford-North Carolina does not. The NCAA would be wise to drastically reduce the number of bowl games.

The largest problem

Sports might not be a matter of life and death, but we devote ourselves to it precisely because it fosters that illusion.

Several years ago I met a former Stanford tight end named Bob Moore and asked him about their 1971 Rose Bowl victory against undefeated Ohio State. Moore went on to a more than decent pro career with the Raiders and later (much to his chagrin) the Tampa Bay Bucs (let’s just say he is not a big John McKay fan), But he told me that the win over the Buckeyes, who had only lost once the previous three years and were presumptive national champions, still meant a lot to his life. That experience was quite literally priceless.

We understand that professional players make a lot of money and that college players are aiming to make a lot of money, but we like to believe that the quest for glory trumps all other considerations during games. We expect slightly injured players to be held out against weak opponents (btw, the NCAA should also outlaw FBS-FCS matchups; mostly lopsided games really harm the sport), but we expect them to play through injuries, if at all possible, for big games.

It would be easy to accuse Fournette of being as calculating as McCaffrey, especially since he is sitting out a far more appealing matchup against Louisville, but the projected top 5 pick has already proven his commitment.

Fournettte was not even dressed before the Tigers warmed up to play Florida last month because of a serious ankle injury (which he is still carrying), but he insisted on playing after a pregame scuffle erupted. He was not effective and LSU lost, but the point is that he gave it the old college try. He didn’t care about his injury or his NFL future; he just wanted to run over Gators, and he wanted to help his team win.

McCaffrey’s decision may prove prudent, but I suspect he will end getting less out of football than Fournette.

By Ken Pendleton

 

 

 

Locker Room Talk

There are undoubtedly dark corners in male man caves where predatory boasts like those made by Donald Trump on videotape commonly occur, but dismissing them as mere ‘locker room talk’ entirely misses the point. Dr. Ken Pendleton and Joshua Gordon discuss on SCI TV.

What Makes Locker Rooms Unique

Locker room culture, especially when it comes to team sports, differs from the way men are taught or allowed to behave more generally in three ways:

  1.  It is incredibly primal. The demands of being successful, especially in a sport like football, strongly encourage a take-no-prisoners attitude. Aggressive behavior that is normally condemned is often lauded.
  2. There are very few other environments where colleagues confront and criticize each other so directly, often profanely. Imagine what would happen if Bobby Knight gave one of his patented halftime speeches at your office?
  3. And team chemistry almost always takes priority over fair play or criticizing teammates for off-the-field behavior.

All of three of these conditions can lead to serious problems, and graphic language and descriptions are commonplace. However, when it comes to sex talk, the vast majority of the time male athletes want to boast about how much beautiful women want to be with them, not about assaulting them.

Trump’s Likely Motives

The fact that Trump likened his behavior to that sometimes on display in locker rooms obscures his real motives.

Numerous remarks that he has made about female anatomy—on the video, during his campaign and over the past few decades—reflect the fact that he sees women, first and foremost, as sexual objects rather than colleagues or friends, or equals. He is effectively reinforcing the idea that a woman who is not attractive, by the standards of being a model, deserves second-class status.

It is important to understand that the social norms he is reinforcing strongly shape how women view themselves, and how men view themselves. I once heard a college football coach say that he would not hire an assistant who did not have an attractive wife. He reasoned that any coach who could not close the deal with a beautiful woman would not be able to close the deal with a prized recruit. Trump, like most of us, can’t escape definitions of success that are deeply woven into society’s fabric.

The fact that he has so much power only intensifies the sense of social expectation. Many people expect movie stars, star athletes and the rich and famous more generally to symbolize their success by flaunting customs and norms, and even laws, that ordinary people are compelled to obey.

Perhaps the most disturbing part of the video was the casual manner in which Billy Bush and Trump discussed what amounted to sexual assault. There was no ambivalence, let alone contrition; they both seemed to revel in the fact that Trump is free to treat women so abusively. More to the point, there was nothing erotic about the conversation; this seemed to be a warped way Trump could substantiate his prowess.

Finally, Trump came across like a character from the TV show Mad Men, out of touch with how gender and sexual relations have evolved.

When I was a graduate student in philosophy during the early 90s, I once listened to the female chair of a department characterize some of her male colleagues as ‘ghoulish’ before she described how she had to fend some of them off at ‘professional’ conferences. There is still progress to be made, but I daresay that there is far less sexual harassment in academic and professional environments than 25 years ago (since the Clarence Thomas confirmation hearing).

Locker Rooms, Board Rooms and Bar Rooms

I am very skeptical about whether male locker rooms have made progress at the same rate. After all, we are only three years removed seeing transcripts showing that then Miami Dolphins’ offensive lineman Richie Incognito hazed and bullied a younger teammate with homophobic and racist remarks.

Having acknowledged that, some athletes, such as National Football League wide receiver Chris Conley, have taken to twitter to condemn Mr. Trump and claimed that behavior like this is not normal: “I work in a locker room (every day)…that is not locker room talk…Have I been in every locker room? No. But the guys I know and respect don’t talk like that. They talk about girls but not like that. Period.”

The Incognito incident illustrates the extent to which locker rooms can incubate horrendous behavior and attitudes prevalent in society, but comments like Conley’s suggest that stereotyping locker room behavior and athletes risks painting too many men with the same brush.

There are still deep problems with gender and sexual relations, and some of those are no doubt manifested in locker rooms, but the root causes of the attitudes expressed by Mr. Trump, and Mr. Incognito, speak to much deeper issues in our society. A problematic locker room culture is the symptom not the cause of such offensive behavior.

The analogy Trump drew with locker rooms only served to diminish the importance of the issues raised by the recording. He and many of his defenders have tried to argue that his comments were just words, boys being boys, or a distraction from the real issues such immigration and ISIS. However, the idea that the way women are treated is just a political distraction speaks to how clueless Trump and his surrogates are about the impact of predatory behavior. And the claim that this is just the way that men are bound to behave is just false, regardless of whether we are talking about a locker room, boardroom, or bar room.

Men and gender relations, and even locker rooms, are evolving. It’s too bad that Mr. Trump opted to use his apology to trivialize and dismiss the issue rather than shed light on the power of language to perpetuate out-of-date social attitudes toward women.

by Dr. Ken Pendleton

For more on Trump’s Locker Room Talk:

Dr. Ken Pendleton on KCBS Radio in San Francisco – Listen below.

Dr. Ken Pendleton’s blog post on the topic – Read here.

Discussing USADA’s Legal Powers with Attorney Chris George

SCI’s Joshua Gordon and Melick & Porter’s Chris George discuss legal aspects of USADA’s investigation into the Nike Oregon Project and challenges in balancing fair process with concerns around integrity in sport.

Conversation on Doping in Track & Field

Watch or listen to the episode to better understand the difficult balance between working toward an aggressive anti-doping agenda and due process considerations for athletes, coaches, and other supporting professionals.

READ Chris George’s article Legal Analysis: 5 Takeaways From USADA’s Attempts to Force The NOP’s Endocrinologist To Give A Deposition

About Attorney Chris George:

Chris is a Boston, Massachusetts based attorney at Melick & Porter, LLP. Chris joined the firm in 2010 and continues to concentrate his practice on the defense of complex liability matters in the areas of construction, dram shop, premises, automobile and catastrophic tort. Prior to joining Melick & Porter, LLP, Chris worked at a civil litigation defense firm outside of Boston where he specialized in construction and automobile matters. He has drafted and successfully argued briefs before the Appeals Court.

Since joining Melick & Porter, LLP, Chris has begun representing publicly and privately traded organizations in a variety of contractual disputes, particularly in commercial and residential construction. In addition, Chris has served as counsel to the Boston Association of Claims Executives where he has presented on changes to various state laws and insurance policies.

Chris is a member of the Boston Bar Association and regularly participates in the “Lawyer of the Day” Volunteer Lawyers Program for the Norfolk Family & Probate Courthouse.

Chris enjoys running and has finished fourteen marathons, including Boston, New York, Chicago, Philadelphia, Cape Cod, Marine Corps and the Disney Marathon. He also serves as the Race Director for the BIGGSteps 5K in Needham, a local road race in honor of a friend who passed away from cancer which benefits the Beth Israel Deaconess Medical Center in Needham.