Sports Law Roundup – 6/23/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
  • NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
  • Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
  • Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.

Sports court is in recess.

The Lions could have the best rush defense in the NFL…

…ever.

The award for the fewest rushing yards allowed by a team in a regular season goes to the 2000 Ravens* anchored by linebacker Ray Lewis. The Ravens allowed a paltry 970 yards on the ground to pick up an impressive 12-4 regular season record. Oh, and this same defense went on to win Super Bowl XXXV as well.

The Lions are nearly on track to break this record.

Let’s take a look at the numbers. Through 13 games, the Lions have allowed 817 yards on the ground. The three remaining regular season games are against repeat foes; in fact, they are against all of the other teams in the NFC North.

The last time the Lions played the Vikings, Bears, and Packers, Detroit’s defense gave up a meager 69, 13, and 76 yards respectively. If we can expect a repeat performance then the Lions are set for 975 allowed rushing yards on the season – just five more than the NFL-best 2000 Ravens.

Of course, teams change throughout the season. Let’s look at some trends. The Lions do better at home than away: about 25% better than average when home and 25% worse than average when away. This isn’t too surprising. We can also look at how the Lions defense has done lately. In the last three games (Patriots, Bears, Bucs) the Lions have done better than their average, even when accounting for the fact that two of those games were in Detroit. On the other hand, all three of the latest teams rank in the bottom half of the NFL in rushing production this year, coming in 21st, 26th, and 31st, respectively, so perhaps a slight boost in recent statistics shouldn’t be taken too seriously.

On the other side, Minnesota has been doing worse than average rushing the ball lately (7% off their season average in their last three games), Chicago has been doing much worse (in part due to the Lions of course) (47% off their season average in their last three games), and the Packers have been up lately (35% over their season average in their last three games).

Could the Lions do it? Maybe. It looks like they will be about right on track. I would probably estimate a little bit more than 970 yards allowed on the ground.

And who knows, maybe Rodgers takes a knee on the last play of the Lions regular season (hopefully because the Lions are already up by 28) and that takes Detroit to 969 rushing yards allowed.

*Other teams have allowed fewer rushing yards in a season, but since the move to a standard 14 game season in 1961, no team has done better per game than the 2000 Ravens.

Tuesday Afternoon Inside Linebacker

fairleyALDLAND’s weekly football roundup is back, taking a look at all the highs and lows of the latest round of football action.

College Football

Pregame:

  • In anticipation of the LSU-UGA game, a secret-recipe cheesy bean dip was made. So much was made, in fact, that it lasted much longer than the game, although not quite as long as Georgia coach Mark Richt spent kissing his wife following a win over Kentucky.

The games:

  • LSU-Georgia was a thriller. Georgia continues to lose important players to injury, but it doesn’t seem to slow them down. This week, star running back Todd Gurley sprained his ankle in the second quarter, but backup Keith Marshall filled in and had a career day. In the end, the Dwags outgunned the Tigers 44-41 and are in the driver’s seat on the road to the SEC championship game in Atlanta.
  • I also thought Ole Miss-Alabama would be a good game, but it was not. The Rebels limited Alabama’s scoring early, but they were unable to do any scoring of their own, which is an easy-bake recipe for a loss. Ole Miss 0, Alabama 25.     Continue reading

Tuesday Afternoon Inside Linebacker

tail3ALDLAND’s weekly football review returns after an infamous fall wedding weekend. Bear with us as we attempt to piece together the happenings of the last few days.

College Football

Pregame:

  • After the Game of the Century of the Season of the Week last week in College Station, everybody predicted a scheduling letdown this week. Sports predictions have become (always were?) completely useless and devoid of meaning, but once in a while, the wisdom of the crowd gets it right. Throwing out expired food? No, actually. A soft slate of week-four matchups? For the most part, yes.

The games — That 70s Show:

  • Clemson opened the week of play by getting punchy on Thursday night in a closer-than-it-should-have-been win over North Carolina State. So far as I can tell, the Tigers have played only fellow Carolinians to this point in the season. A check of their schedule confirms this, and the trend will continue this weekend. (EDIT: Except for that little game against UGA in week one.) Clemson 26, North Carolina State 14.
  • A number of teams posted gaudy scores and spreads. Since they already had their fun, they’re all getting grouped in this one paragraph. Ohio State 76, FAMU 0. Louisville 72, FIU 0. Miami 77, Savannah State 7. Washington 56, Idaho State 0. Baylor 70, Louisiana-Monroe 7 (that one’s actually a little surprising). Florida State 54, Bethune-Cook 6. Wisconsin 41, Purdue 10. UCLA 59, New Mexico State 13. Texas A&M 42, SMU 13. And others.

Do they Lov[i]e him badly?

The Chicago Bears are off to a great start this season with a 7-1 record, good enough for first place atop the difficult NFC North division. Their offensive attack has become much more balanced, and some younger players are rising up to keep their stalwart defense sharp. Players like Jay Cutler, Brandon Marshall, and Charles Tillman rightly are receiving lots of attention and credit for success.

There’s one name I haven’t heard or seen mentioned even once across the media spectrum, though, and it belongs to the Bears’ head coach, Lovie Smith. I don’t know whether Smith deserves any credit for the Bears success this season, but as the head coach, it would seem like he does. As far as I can tell, though, no one is talking about him at all.

People sure were talking about Smith when things went south for the Bears during the last couple seasons, though, and the image we were given of him was that of a quiet coach who maybe didn’t have that strong a grasp of the game or that much control over his team. Someone had to be blamed for the losses, though, and after everybody was done ripping Cutler and his perceived attitude, they turned the spotlight on Smith.

I don’t have WGN on 24/7, but I have heard more in the national media about all of the former Vanderbilt Commodores who now play for the Bears than I have about Smith, which, again, is nothing. There isn’t necessarily anything wrong with this. I’m just making a note of it.

Midseason Monday

We’re into the meat of the 2012 football season with heavy games for most teams from here on out. It’s also the time when teams’ reputations for the year become solidified. One such team is Auburn, which fell to 1-6 on the season, 0-5 in conference with a 17-13 loss to Vanderbilt in Nashville. Four years ago, I watched these teams play under the lights in the same stadium. In 2008, Auburn was 5-0 and highly ranked, but the game outcome was the same. This year’s win over the TIgers/Plainsmen/Eagles won’t do as much for the Commodores’ strength of schedule, but it does push them to 2-3 in the conference, and it’s an important win to kick off the second half of a schedule that should be easier than the first.

While Vanderbilt took a necessary step in the positive direction Saturday, Michigan State took another step toward a lost season with a 12-10 loss to Michigan in Ann Arbor. More on that game later in the week. Back to the SEC for a moment, where the Eastern division is one of the most power concentrated and confusing divisions in the nation. Florida swamped South Carolina, 44-11, to go to 7-0 (6-0), while Georgia escaped Lexington with a 29-24 win over Kentucky. If Florida’s going to lose a game this year, it will be next week when they host Georgia, because the rest of their schedule is soft cake (Missouri, Louisiana-Lafayette, Jacksonville State, and Florida State). In the SEC West, LSU and Texas A&M renewed their rivalry in a compelling game featuring early Aggie control and a Tiger comeback win.

Elsewhere in the top 25, Alabama and Oregon rolled. Two quick notes on Oregon: 1) I’m worried that Florida’s #2 rating in the first BCS, together with their easy finishing schedule, will mean that we don’t get to see Alabama and Oregon in the national championship game, a matchup that feels very compelling and intriguing; and 2) the ALDLAND staff is still waiting on it’s autographed Oregon cheerleader calendar. Jog back to the SEC West, where Mississippi State is the most unheralded undefeated team in the country. After beating MTSU Saturday, though, they’re unlikely to stay that way, finishing with Alabama, Texas A&M, LSU, Arkansas, and Ole Miss. Of course, nothing is more perennially unheralded than the Starkville Dogs, and that schedule only has something to do with it. Most of the rest of the top 25 won, including Clemson, Oregon State, and Stanford in important conference games. The upstart Texas Tech Red Raiders survived in triple overtime to beat TCU, and the very impressive Kansas State beat West Virginia in Morgantown 55-14 in a game in which I’d only somewhat jokingly predicted WVU would score 100 after being embarrassed the week before. Dana Holgorson’s air raid offense appears to be out of jet fuel.

On Sunday, the Vikings continue to mount an increasingly compelling challenge to those who would dismiss them by going to 5-2 with a win over flash in the pan Arizona. RGIII continues to impress despite another close loss, this week to the Giants. The Saints doubled their win total by beating Tampa Bay, and the Raiders came back to beat the ailing Jaguars, who lost Maurice Jones-Drew and Blaine Gabbert, sending out the bat signal for David Garrard (I hope). The Patriots beat the Jets in overtime, although VSL’s Bobby O’Shea, a noted Jets fan, thinks that something is wrong in New England, and I’m inclined to agree. Whether it was the defensive injuries Baltimore suffered last week or Houston’s push to come back from a loss, the Texans returned to 2012 form with a 43-13 win over the Ravens.

In baseball, the World Series is nearly set. The Tigers are in(!), and the Cardinals and Giants are playing a game seven right now, which the Giants are winning 7-0 in the fourth. In other current news, Ndamukong Suh just separated Jay Cutler’s neck from the rest of his body. Bears 10, Lions 0 in the first half.

Not Every Team Needs Cheerleaders (via WSJ)

If the Dallas Cowboys don’t win the Super Bowl this year, owner Jerry Jones should turn his ire to the sidelines. No, not head coach Jason Garrett—the Dallas Cowboys cheerleaders.

Based on recent history, having cheerleaders on the sidelines may be the ultimate championship killer. There are six teams in the NFL that don’t have cheerleaders: the Bears, Browns, Giants, Lions, Packers and Steelers. Those franchises have won four of the last six Super Bowls and have made up half of the Super Bowl participants during that span.

Last year, Green Bay beat Pittsburgh in the first-ever Super Bowl that did not include cheerleaders from either squad. The Steelers won Super Bowls XLIII (2009) and XL (2006), while the Giants stunned the undefeated New England Patriots in Super Bowl XLII (2008). The Bears played in Super Bowl XLI (2007), but not having cheerleaders wasn’t enough to overcome the Indianapolis Colts.

This season is no exception. The Packers and Steelers are once again among the best teams in their respective conferences, while the Lions have clinched a wild-card spot and the Giants remain in playoff contention. (The Browns are in last place, but some teams are simply beyond help.)

Of course, at least one of the six teams that doesn’t have cheerleaders may be wishing it still did. The Bears disbanded their cheerleading squad, the Honey Bears, right after the 1985 season—the last time they won the Super Bowl.

(via WSJ)

Sportsnight in the D: ALCS & MNF

For the first time in ten years, Monday Night Football was in Detroit, and following a 24-13 victory over Chicago, the Lions are 5-0 for the first time since 1956. The home crowd affected the game, helping to cause the Bears’ nine false-start penalties, and officials only had to stop play once for a foreign object thrown onto the field, which I think is pretty good, all things considered. ESPN’s decision to replace now-banished Hank Jr.‘s traditional open with a Detroit-themed segment narrated by legend Barry Sanders was a nice touch too. All of this helped distract Motown sports fans from the painful, extra-inning demise of their baseball team that concluded moments before kickoff. Even if the Tigers were healthy, I’m not sure Texas still isn’t the better team, and the Tigers certainly aren’t healthy. Down 0-2, they return to Detroit for the third and fourth games of the series. Right now, coming home is about the only thing cutting in their favor in this series. If Calvin Johnson can swing a bat, now would be the time for him to speak up.