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IU McKinney dean emeritus taking legal skills to the Olympics

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After receiving the unexpected invitation to help at the 2014 Olympic Winter Games, Gary Roberts said he did not think about it for more than a second before accepting.

The dean emeritus of the Indiana University Robert H. McKinney School of Law will be part of the Court of Arbitration for Sport ad hoc Division which will settle all legal disputes that arise during the games.

Roberts will be one of nine arbitrators who are either lawyers, judges or professors with a specialization in sports law and arbitration.

An expert in the field of sports law, Roberts has 30 years of experience in the niche. He is currently a certified commercial and sports arbitrator with the American Arbitration Association and is a founding member of the board of directors for the International Association of Sports Professionals and Executives.

“There is nothing I can do to cram for the assignment,” Roberts said. “I will bring all of that knowledge and experience to bear, but there isn’t much I could do now to prepare.”

The panel will primarily handle two types of disputes: those concerning an athlete’s eligibility and those about fairness. Eligibility questions may arise from a positive drug test, challenges to an athlete’s country of residence or accusations about an athlete having an unfair competitive advantage. Fairness disputes can crop up from arguments that the rules were not followed, claims the equipment did not function properly or assertions the referees were biased.

Roberts explained many of the cases that come before CAS Ad Hoc Division are very, very important to people who are involved. The decisions could mean the difference between an athlete who has trained for years not being allowed to compete or not receiving a medal.

The rulings of the council will have consequences and could be controversial, Roberts said.

The Olympic Games will start Feb. 7 and conclude Feb. 23.

During the games, Roberts, along with his colleagues, will be on call. When a legal dispute erupts, he explained, he will have two hours to change into his suit and get to the hearing room.

However, when he is not helping to settle cases, Roberts will be allowed to take in any event he wants.

“I’m always joking I’m getting very excited about the curling,” he quipped.
 



 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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