The Big O and the Merry Prankster

Oscar Robertson is an NBA champion, MVP, and twelve-time All-Star, and he was the first NBA player to average a triple-double over the course of a season. In college, he averaged 33.8 points per game for the Cincinnati Bearcats, and he left school as the all-time leading scorer in NCAA history.

The 1957-58 season was Robertson’s sophomore year at Cincinnati and the first in which he saw playing time for the Bearcats. Robertson immediately made his presence felt, to the tune of 35.1 points and 15.2 rebounds in 38.8 minutes per game, helping Cincinnati to a 25-3 record and a Missouri Valley Conference championship.

Meanwhile, up the road in Oxford, Miami University was on a run of its own. Behind future NBA player Wayne Embry, the RedHawks finished a respectable 18-9, but notably went 12-0 in MAC play, the last team to accomplish that feat and only the second-ever team to complete an undefeated conference schedule (the 1949-50 Cincinnati team was 10-0 in the MAC before leaving the conference). One of Miami’s reserves was Ken Babbs. Listed at 6’3″, the Mentor, Ohio native contributed eleven points and four rebounds in the ten games in which he appeared for the RedHawks that season.

On January 30, 1958, the RedHawks traveled to Cincinnati for a matchup with Robertson’s heavily favored Bearcats. A box score is not readily available, but Babbs recounted his memories of the game in a live interview streamed last night. According to him, Miami coach Richard Shrider, who was in his first season with the RedHawks, thought his team had no chance against Cincinnati and told his players as much, which rubbed the competitor in Babbs the wrong way. Miami planned a box-and-one defense against the Bearcats, with Babbs drawing the assignment of the “one” to mark Robertson. Determined to put up a fight, he said he planned to guard Roberston aggressively, “like stink on shit.” Then laughing, Babbs confessed: “I fouled out in two minutes.” Cincinnati won by twenty.

Both teams reached the NCAA tournament that spring. With their first-round win over Pitt, Miami became the first MAC team to win a tournament game. The Bearcats did not win any tournament games that year, but they made deep runs in Robertson’s two remaining seasons there, finishing third overall both times.

Robertson, of course, went on to professional basketball fame. Babbs, meanwhile, found fame of a different sort. That fall, after graduating from Miami, he pursued graduate studies in creative writing at Stanford. There, he befriended fellow student Ken Kesey, with whom Babbs and others soon would form the Merry Pranksters, whose culturally influential escapades with sound, film, and LSD were in part memorialized in Tom Wolfe’s memorable book, The Electric Kool-Aid Acid Test and would help propel the career of the Grateful Dead.

You can watch Babbs discuss his 1958 on-court encounter with Robertson and a later, off-court reunion here. A film of a Grateful Dead benefit concert supporting a Kesey-family creamery the Pranksters helped produce is available for a limited time below.

The week in “sports”: 4/10/20

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From the Hey, We’re Trying Department:

  • Sports were cancelled again: Amidst alternatively gloomy and pie-in-the-sky loony outlooks shared on the prospect of the near-term return of anything not horse racing and NASCAR videogaming, the best hope– really– this week was UFC don Dana White’s proposal to stage MMA fights on a mysterious private island. Promptly after that story broke, the UFC announced the cancellation of its next round of scheduled fights. It also turns out White & Co. don’t actually own that island just yet. Meanwhile, plenty of viral bluster from a couple of college football’s biggest mouths, Mike “I’m a Man” Gundy and Dabo “Dabo” Swinney; NASCAR’s iRacing coverage insists on consistently using a very annoying term with regard to Bubba Wallace (not going to link that one); and MLB’s floated plan to play its 2020 season in the summer in the desert with lots of players and staff but no fans and no player or staff family members hits some too-obvious roadblocks. Also, Al Kaline died. More on him in a forthcoming post, but if you feel like just packing it in and trying again for sports in 2021, I won’t blame you.
  • A college basketball champion was crowned: The 2020 NCAA men’s basketball national championship game would have been Monday night, and the young cyborgs at FiveThirtyEight determined that, had it been played, it would have featured Michigan State and Kansas, with the Spartans prevailing to claim their third national championship in program history. (I couldn’t bear to read that article, so I’m sorry if it’s the wrong link.) In case you have the desire to empty an entire bag of Morton System Saver salt into your March Madness wound, here’s the site’s full projected 2020 bracket.
  • Other news: Chris Johnson maybe had two guys killed? And the Masters twitter account is posting pretty pictures and video highlights in memory of what would have been Masters week 2020.
  • Coming up: Previews indicate that Marshawn Lynch will return in Sunday night’s episode of Westworld.

March Madness on the Bench: Are judges distracted by the NCAA Basketball Tourney? (via The Volokh Conspiracy)

Past research suggests that natural preferences for leisure influence the ways in which federal judges carry out their work. We consider the extent to which incentives for leisure reduce the speed with which judges work and the quality of their output. We take advantage of a natural experiment caused by an annual sporting event that creates differential distractions across judges. Using a difference-in-differences design, among federal courts of appeals judges we show that a judge’s alma mater’s participation in the National Collegiate Athletic Association Men’s Basketball Tournament both slows the rate at which opinions are drafted and ultimately undermines the opinions’ quality, even accounting for the additional time judges spend writing them. The findings suggest that incentives for leisure influence important normative concerns for swift and high-quality justice. … Read More

(via The Volokh Conspiracy)

ALDLAND March Madness Update

First, due mostly to past winners not claiming their prizes created by the overworked and underpaid ALDLAND staff, I have made the decision to officially disband our March Madness bracket challenge and swing the support of our legions of readers and participants to the bracket challenge hosted by the favorite band in the AD household by ranked-choice voting, the Tedeschi Trucks Band. Enter here:

Second, there are a number of good actual and potential tournament matchups on which to keep at least one of your eyes this month:

  • First round:
    • Wisconsin-Oregon (obviously)
    • Villanova-St. Mary’s
    • Iowa State-Ohio State
    • Buffalo-St. John’s
    • Marquette-Murray State
    • Louisville-Minnesota
    • LSU-Yale
    • Virginia Tech-St. Louis
  • Second round:
    • Michigan-Nevada
    • Cincinnati-Tennessee
    • Wofford-Kentucky
  • Sweet Sixteen:
    • Houston-Kentucky
    • Texas Tech-Michigan
    • UNC-Auburn
  • Elite Eight:
    • Duke-Michigan State
  • Final Four:
    • UC Irvine-Abilene Christian

Third, in case you were wondering, the NCAA still hasn’t fixed its absurd play-in round problem. Background here.

Have fun and surrender to the madness.

2018 Rapid Review

The year 2018 was a year. Here are some of our favorite things from the year that was 2018.

  • Atlanta United winning the MLS Cup, at home, in their second year of existence.
  • America’s women’s hockey team beating Canada to win gold at the winter Olympics.
  • Phish summer tour. My first time seeing them three nights in a row. That they never repeated a song during that stretch was notable but not terribly surprising. What was remarkable and never received the treatment at this site that it deserved was the overall quality of the performances, especially on Friday, August 3 but really consistently throughout the weekend, where a wide array of songs from across their thirty-five-year catalogue provided launching pads for fresh, collaborative jams time after time. It feels like the band has reached a new level.
  • Hamilton College’s Francis Baker, the American hockey goalie who stood up to Hitler. This was your most-read story posted on this site in 2018.
  • Steve McNair: Fall of a Titan. This, from Sports Illustrated, was my first foray into the true-crime podcast genre. The gist: what we were told was an open-and-shut case probably has a lot more to it than what the investigating police department allowed to meet the public eye. Story had some additional resonance for me because I had been living in Nashville at the time.
  • Maryland-Baltimore County beating Virginia to become the first-ever sixteen seed to beat a one seed in the NCAA men’s basketball tournament.
  • Justify‘s dominant Triple Crown achievement.
  • Baseball Hall of Fame adding Alan Trammell. Still no Cooperstown spot for teammate Lou Whitaker, though.
  • The Supreme Court clearing the way for states to authorize sports wagering.
  • J.R. Smith delivering the most memorable moment of LeBron James’ final series with Cleveland.
  • Shohei Ohtani making his major-league debut.
  • The Vegas Golden Knights reaching the Stanley Cup Final in their first year of existence.
  • Vanderbilt beat Tennessee in football again. The Commodores have won five of the last seven games in this series. (If you’d lost track of him, Derek Dooley’s currently working as the quarterbacks coach at Missouri.)
  • Baseball Prospectus revised its flagship bating metric and now concedes that Miguel Cabrera, not Mike Trout, deserved the 2012 and 2013 AL MVP awards.
  • Tiger Woods winning the PGA Tour Championship at East Lake.
  • In personal news, I published my first article at Baseball Prospectus, which took a look at whether MLB teams were colluding to depress player wages.
  • In memoriam:

Thank you for your readership this year. Look for more great content here in 2019.

Loyola-Chicago’s groundbreaking title overlooked today (via USA Today)

online-shake-3-13-13-4_3They are the champions you might not remember, who lived the extraordinary season you might not have known. But to begin to understand the special journey of the 1963 Loyola of Chicago Ramblers, all that is needed is one picture.

The photo, taken before an NCAA tournament game 50 years ago, shows a black player from Loyola and a white player from Mississippi State shaking hands.

The Loyola player is Jerry Harkness, captain for an upstart team that had not only stormed up the rankings but also flouted the unwritten rules of 1963 by starting four African Americans.

They are the champions you might not remember, who lived the extraordinary season you might not have known. But to begin to understand the special journey of the 1963 Loyola of Chicago Ramblers, all that is needed is one picture.

The photo, taken before an NCAA tournament game 50 years ago, shows a black player from Loyola and a white player from Mississippi State shaking hands.

The Loyola player is Jerry Harkness, captain for an upstart team that had not only stormed up the rankings but also flouted the unwritten rules of 1963 by starting four African Americans. … Read More

(via USA Today)

ALDLAND Archives: Madness: The NCAA Tournament’s structural flaw

Last night, the NCAA released the opening pairings for this year’s men’s basketball tournament. It’s nearly impossible to imagine the NCAA ever shrinking the tournament below the current number of entrants (sixty-eight). It is possible to imagine a better way to incorporate the four teams added above and beyond the traditional sixty-four-team field, however, and, in 2016, I engaged in that exercise in a post now unearthed from the ALDLAND Vault.  -Ed. 

_________________________________________________________________

Madness: The NCAA Tournament's structural flaw
MARCH 15, 2016

The organizing principle of a competition arranged in the fashion of the NCAA men’s basketball tournament is that better teams should have easier paths for advancement, the goal being for the best teams to meet as late as possible. Tournament organizers therefore employ a seeding system that awards teams believed to be the strongest with the best seeds (i.e., the lowest numbers) and first pits them against teams believed to be the weakest.This is sensible, logical, and good. Anything can happen once the games begin, of course, but if Michigan State and Kansas, for example, are the best teams in this year’s tournament, the tournament should be designed such that those two teams are most likely to face off in the final, championship round. Generally speaking, this is how the NCAA tournament is organized.

From 1985 until 2000, the tournament’s field held steady at sixty-four total teams. In 2001, it expanded to sixty-five teams, adding a single play-in game to determine which team would be the sixteenth seed to face the number one overall seed. In 2011, the tournament field expanded to sixty-eight teams, its current size, with four play-in games.

Many people dislike the fact that the tournament has expanded beyond a seemingly optimal sixty-four-team field, but all should agree that, however many teams and play-in games are included, the tournament should be organized such that the projected difficulty of each team’s path through the tournament is inversely proportional to its seed position. As currently constructed, however, the tournament deviates from this basic principle.

Read the rest…

What the new Yahoo!!! college basketball report says about Michigan State

germany-yahoo-7591

Yahoo!, which somehow still staffs a sports department and definitely isn’t a Jeb!-like holdover from the Web 1.9 days, has a new college basketball report out today that is Very Important. I know it’s Very Important because “federal investigation,” “meticulous,” “prominent,” and “underbelly” all appear in the first sentence.

Cutting through the heady haze of college athletics journalism, this is an article based on expense reports from a sports agency called ASM Sports. Those reports apparently document “cash advances, as well as entertainment and travel expenses for high school and college prospects and their families.”

The only document– and please know that the tireless staff of Yahoo! Sports “viewed hundreds of pages of documents,” according to Yahoo! Sports– mentioned that references Michigan State’s men’s basketball program in any respect is an expense reimbursement request Christian Dawkins, a former ASM agent, filed with the agency. One of those requests was dated May 3, 2016: “Redwood Lodge. Lunch w/Miles Bridges Parents [sic]. $70.05.” Another was from the same date: “ATM Withdrawl [sic]: Miles Bridges mom [sic] advance. $400.” The article also states: “According to the documents, Dawkins has dinners listed with plenty of boldface names in the sport – Tom Izzo . . . .” That’s everything on the Spartans.

As one possible starting point, we can acknowledge that the NCAA prohibits student-athletes from receiving money from agents. Whatever the wisdom behind or efficacy of that policy, I’m not sure we even have evidence of a payment to Bridges, the Spartans’ premier player, here.

First, despite that exhaustive (well maybe not quite that exhaustive: “Yahoo[!] did not view all of the documents in the three criminal cases tied to the investigation, but . . . .”) doc review, Yahoo! declined to publish the records referencing Bridges. They published multiple pages of reports mentioning other players but, for some undisclosed reason, decided not to publish those that mention Bridges (or Izzo). That means we have to take the authors’ word that the records they saw but did not include with their article said what they say they do.

Second, assuming those records exist and are as described, I don’t think they actually evidence payments to Bridges himself. A– and perhaps the only– reasonable reading of the two entries are for a lunch with Bridges’ parents and a payment to Bridges’ mother. The negative implication is that Bridges himself did not attend the lunch and did not receive the payment. This distinction is significant in light of the NCAA’s prior case against Cam Newton. There, the NCAA suspended Newton on multiple occasions arising out of allegations that Newton’s father, Cecil, tried to secure a pay-for-play agreement on Newton’s behalf with Mississippi State but ultimately reinstated him based on Auburn’s successful argument that Newton was unaware of his father’s efforts. If Dawkins, in treating Bridges’ parents to lunch and giving Bridges’ mother cash, acted without Bridges’ knowledge, there would appear to be no basis for the NCAA to punish Bridges.

Third, a technical but not legally insignificant point is that these records are, at most, indirect evidence of payments to Bridges’ family. They’re good evidence, but they aren’t direct evidence that the payments actually were made. Even if Dawkins had a receipt of the ATM withdrawal, for example, we don’t have direct evidence that he provided that cash to Bridges’ mother.

Finally on the direct issues, the passing reference to Tom Izzo obviously is meaningless, but it’s good for SEO. There is no indication or allegation that any MSU official had any knowledge of or involvement with these payments. Continue reading

Sports Law Roundup – 12/15/2017

aslr

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

  • Louisville basketball: The fallout from the FBI’s announced investigation of Adidas-sponsored men’s college basketball programs resulted in the termination of Rick Pitino’s  position as the head coach of Louisville’s team. That, in turn, spawned Pitino lawsuits against Louisville for wrongful termination and Adidas for intentional infliction of emotional distress. Louisville now has sued Pitino for breach of contract and negligence and seeks monetary from Pitino arising out of the school’s losses due to vacated wins, potentially including its 2013 national title, and other NCAA sanctions, lost donations, and other financial losses. Louisville’s complaint alleges Pitino admitted liability when he said in a post-termination interview that he knew about NCAA violations but did not report them and took “full responsibility” for his decisions to hire assistants who subsequently engaged in wrongful activity.
  • Television transfer: An announced transaction between 20th Century Fox and Disney involving the latter’s acquisition of more than $50 billion (exclusive of debt) of the former’s assets has potentially significant consequences for the entities’ sports properties. Included among the assets Disney (which already owns ESPN and ABC) is acquiring are all of the Fox Sports Regional Networks (e.g., Fox Sports Detroit, Fox Sports South, etc.) and the YES Network. Disney also is acquiring other substantial assets, including FX Network, Fox’s interest in Hulu, and all of Fox’s film and television studios, which would include the rights to film properties like “The Simpsons,” “Modern Family,” “Avatar” (for which one source reports there are four sequels in the works), “Deadpool,” and “X-Men.” In exchange, Fox shareholders will receive shares of Disney stock. In addition, a spinoff entity will take control of Fox’s primary national networks, including FOX, Fox News, Fox Business, FS1, FS2, and the Big Ten Network. The deal still requires approval from both existing entities’ boards of directors and shareholders, as well as government regulators.
  • Baylor sexual assaults: The flow of evidence of Baylor‘s apparently widespread sexual assault problems seems unlikely to abate anytime soon now that a judge is permitting discovery of sexual assault reports from students who are not parties to pending litigation involving the school, as well as records of third-party Code of Conduct violations limited to violations related to “sex” and is ordering Baylor to produce documents previously provided to independent auditors, those being “32,000 nonparty student records, and hundreds of thousands of additional documents, without regard to” relevance or federal privacy restrictions.
  • Gambler defamation: In June, an alleged “gambling guru” known as RJ Bell (real name: Randall James Busack) sued Deadspin (and its post-Gawker-bankruptcy owner, Gizmodo Media Group, LLC) and freelance writer Ryan Goldberg over an article Goldberg wrote and Deadspin published that was critical of Busack and which Busack alleges was libelous. On Tuesday, a New York bankruptcy judge announced that trial in the case will begin on Valentine’s Day 2018. An important legal question in the case is whether a provision in an order of the bankruptcy court overseeing the Gawker Media bankruptcy intended to operate as a release of third-party claims against Gawker Media writers applies to bar Busack’s claims against Goldberg, which is the position Goldberg takes. Busack contends that the release doesn’t apply to him because he didn’t sue Gawker during the bankruptcy and received no distribution from the Gawker bankruptcy estate. Gawker Media entered bankruptcy as a result of a prior lawsuit Hulk Hogan (real name: Terry Bollea) brought. The attorney who represented Bollea in that case also represents Busack in this case. On Wednesday, the judge, who previously indicated he found the release issue ambiguous, ruled that the release did, in fact, bar most of Busack’s claims.
  • Garbler defamation: Lou Holtz, former head football coach at Notre Dame and South Carolina and former football “analyst” for ESPN, has sued The Daily Beast and one of its writers, Betsy Woodruff, for defamation. Holtz claims that Woodruff’s article about Holtz’s comments during the 2016 Republican National Convention, in which she reported he said immigrants were “deadbeats” and “invading the U.S.,” contained information known to be false and caused Holtz to lose future speaking opportunities.
  • NFL Network sexual harassment: A former NFL Network employee has sued NFL Enterprises, LP (apparently the Los-Angeles-based television and broadcast arm of the NFL), Jessica Lee (allegedly a supervisor at NFL Network whose LinkedIn page describes her as the Network’s director of studio operations), and fifty unnamed defendants. The plaintiff’s lawsuit nominally is one for wrongful termination, but its most newsworthy allegations involve claims of sexual harassment, assault, and battery by other NFL Network employees, including former players Marshall Faulk, Donovan McNabb, Warren Sapp, Ike Taylor, Heath Evans, and Eric Davis and former executive Eric Weinberger, who now works as the president of Bill Simmons Media Group, which owns The Ringer.

Sports court is in recess.

Sports Law Roundup – 10/20/2017

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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:

  • Penn State child abuse: A court has denied the request of Jerry Sandusky, the former Penn State University assistant football coach who sexually abused children, for a new trial. Sandusky contends his conviction on those charges was wrongful due to the claimed inadequacy of his legal representation at trial and the prosecutor’s failure to disclose potentially exculpatory information.
  • NFL hiring collusion: Free-agent quarterback Colin Kaepernick has filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. Kaepernick identifies President Donald Trump as a significant actor whose public statements condemning protesting players motivated the owners’ decision. Kaepernick faces an uphill legal climb, though, because circumstantial evidence– the observable fact that no team has hired him despite his track record and apparent needs at his position– is insufficient to prove collusion. Under the collective bargaining agreement, “no club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit” a team from negotiating or contracting with a free-agent player. To make his case, Kaepernick will need to demonstrate that the owners, together and not independently, made an affirmative decision not to employ him, or that the NFL itself directed or encouraged teams to take that position. Depending upon how this matter evolves, however, the stakes for the league and union could be high, as, under certain circumstances, proof of collusion could terminate the CBA.
  • Wrigleyville: The U.S. Court of Appeals for the Seventh Circuit has denied a request for rehearing filed by owners of Wrigley Field-area owners of rooftop restaurants and bars who claimed the Chicago Cubs violated an agreement to prevent the obstruction of field views from the neighboring rooftop establishments when the team included a new, large, outfield video board in its updates to Wrigley Field. The court offered no explanation for its decision to reject the petition for a rehearing of its prior judgment that the agreement itself and MLB’s antitrust exemption barred the neighbors’ claims.
  • North Carolina academics: After spending more than six years investigating the University of North Carolina for academic fraud, the NCAA issued a final ruling subjecting the school to minimal sanctions that do not affect any of UNC’s athletic programs, a decision that, according to Mark Titus, “should come as no surprise.”

Sports court is in recess.