Sports Law Roundup – 2/17/2017

aslr

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:

  • Baseball human trafficking: The federal criminal trial began this week in Miami in a case in which an agent and trainer were indicted for their alleged roles in a smuggling network designed to move baseball prospects from Cuba into the MLB system.
  • Boxing non-fight fight: Boxer Alexander Povetkin sued fellow heavyweight Deontay Wilder after the latter withdrew from the pair’s scheduled fight last May following the former’s positive test for meldonium, the same banned substance for which Maria Sharapova was banned from tennis competition. This week, a jury returned a verdict in Wilder’s favor, but Povetkin’s attorney wants to keep fighting, alleging that Wilder’s lawyer engaged in “gross and extensive misconduct” during the litigation and implying that he would seek a mistrial.
  • NFL turf: In what the Houston Texans are calling “a case of first impression,” former NFL linebacker Demeco Ryans is suing the team for damages arising out of an alleged career-ending, noncontact Achilles tendon injury Ryans says he suffered when he landed on a seam in the turf while playing in a game against the Texans as a member of the Philadelphia Eagles. Ryans is seeking $10 million, but the Texans say the court should dismiss the case because the NFL collective bargaining agreement preempts his claims. Ryans is hoping to avoid CBA preemption by relying on a prior case involving Reggie Bush, in which Bush injured himself after running out of bounds and slipping on a concrete surface surrounding the field during a game in St. Louis. In Bush’s case, the court ruled that the CBA did not apply, since the injury happened outside the field of play. Ryans’ lawsuit, the Texans highlight, deals with the in-bounds playing surface itself, which, the team argues, is a critical distinction that renders the Bush case inapplicable.
  • Lance Armstrong fraud: A False Claims Act lawsuit against Lance Armstrong will proceed after a judge’s ruling on various motions this week. The case involves allegations that Armstrong, while lying about his doping practices, received millions of dollars from the federal government in connection with his cycling team’s sponsorship by the U.S. Postal Service. Although the government’s case can go forward, Armstrong’s side will be able to argue in mitigation that the government’s benefit from the sponsorship reduces the amount of financial harm it actually suffered.
  • Student-athlete scholarships: Last week, we mentioned a settlement agreement under which the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by alleged athletic scholarship caps. Now, one of the plaintiffs, former USC linebacker Lamar Dawson, has objected to the settlement, which requires court approval before it’s finalized. Dawson’s concern is that the settlement includes a release of certain labor law claims that were not litigated in that particular case and which he is pursuing separately in a wage-and-hour lawsuit against the NCAA.
  • NBA fan app: A court partially dismissed a fan’s lawsuit against the Golden State Warriors, ruling that, although the fan had alleged facts sufficient to show that she had suffered an actual injury as a result of the team’s smartphone app’s alleged secret recording and capturing of her private communications, she had not stated a claim for relief under the federal Wiretap Act because she had not shown how the team intercepted and used her communications. The judge is allowing the fan the opportunity to amend her complaint.
  • Tennis commentator: After ESPN fired him in connection with an on-air remark about Venus Williams during this year’s Australian Open broadcast, Doug Adler, who worked for the network for nearly a decade, has filed a wrongful-termination lawsuit against his former employer, alleging that he was dismissed for saying something he never said. While some heard Adler use the word “gorilla” in reference to Williams, he maintains that he used the word “guerrilla” in describing her approach during the match he was broadcasting. Thanks to the magic of the internet, you can render your own judgment after viewing the clip here.
  • Penn State child abuse: Earlier this month, a court ruled that three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. The trial is supposed to begin next month, but the three defendants are attempting an immediate appeal of the ruling that they must face trial, arguing that a two-year statute of limitations bars the charges, and that Pennsylvania’s child-endangerment laws don’t apply to officials in their positions. In other news, Sandusky’s son, Jeff, has himself been charged with sexually abusing a child.

Sports court is in recess.

Sports Law Roundup – 2/10/2017

aslr

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:

  • Wrestling ban: Last week, the Iranian government announced that it would not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month, in retaliation for President Trump’s executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries. Now, Iran has lifted that ban, saying it will grant visas to the U.S. wrestlers in light of American judicial orders temporarily halting enforcement of the executive order.
  • Student-athlete scholarships: The NCAA, Pac-12, Big XII, Big Ten, SEC, ACC, AAC, C-USA, MAC, MWC, WAC(!), Sun Belt Conference, and a group of student-athletes settled monetary claims in their antitrust dispute for $208.7 million. The suit targeted caps on athletic scholarships. Under the settlement, the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by the caps between March 2010 and the present.
  • Football painkillers: In a case we have been watching (here and here) between the NFL’s teams and a group of former players alleging improper dispensation of painkillers, the judge dismissed many of the players’ claims, including all of their claims against twenty-four of the league’s thirty-two teams. At this time, some claims remain pending against the Lions, Vikings, Packers, Raiders, Broncos, Seahawks, Chargers, and Dolphins.
  • Hockey head injuries: Last month, the NHL asked the judge overseeing a head-injury lawsuit between the league and a group of former players to issue an order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Unsurprisingly, the Center now opposes that request, because disclosing the information would violate the privacy of its research subjects, “impos[e] a burden on the center that will functionally prevent it from conducting any work, and creat[e] a chilling effect on research in this field.”
  • Football head injuries: Former NFL player Brian Urlacher sued a hair-restoration clinic alleging unauthorized use of his likeness in advertisements.
  • Athlete advisor fraud: Brian J. Ourand, who worked as a financial advisor to athletes, including Mike Tyson and Glen Rice, admitted stealing over $1 million from his clients and pleaded guilty to federal wire fraud charges.

Sports court is in recess.

Sports Law Roundup – 2/3/2017

aslr

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.

After a week off to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. The plaintiff also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: Three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.

Sports Law Roundup – 1/13/2017

aslr

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:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

Live podcast announcement: College pizza night

pizzacave

I’m headed back into the Pizza Cave tonight to pick college football bowl games with legendary Southeast Michigan restaurateur-podcaster Fredi the Pizzaman live at 5:30 pm Eastern. Although you can listen to it later on, keep in mind that this is a live podcast, meaning that you can stream it as it’s being recorded, which I recommend.

Tune in tonight at 5:30 by clicking here to listen live or check out the archives later on.

2016 Oregon is the Oregon Everyone Thought They Were Watching for the Last Decade

There is a myth that exists in college football that some really good teams are great offenses with bad defenses. These teams win games by scores like 62-51 or 45-38, and, so the theory goes, they are just good enough on offense to outscore any opponent.

In reality, all great teams are fairly complete, meaning that they are good in all phases of the game. You can’t really be a great team if you have a bad defense. What apparently fools everybody is the fact that football is a game with no set pacing. A baseball game is nine innings, or twenty-seven outs if you prefer. Golf is eighteen holes. A set in tennis is six games. Games like football and basketball are different. A football game can range, at the extremes, from something like seven possessions (this year, Navy v. Notre Dame) to as many as seventeen or eighteen. The typical range is more like 9-10 for a low-possession game, and perhaps fifteen for a high-possession game. But, as with basketball, certain teams tend to play high-possession games, and certain teams tend to play low-possession games. Teams that play high-possession games generally feature hurry-up offenses, or pass-happy offenses, or defenses that prefer to gamble for stops rather than playing “bend but don’t break”. Teams that play-low possession games will be teams that run the ball a lot, or play conservative defense that seeks to avoid giving up big plays at the expense of allowing lots of first downs. As should be somewhat obvious, teams that play high-possession games tend to score more points, and they allow more points, all else being equal. For some reason, we collectively seem to appreciate this in basketball, and we don’t necessarily consider low scoring teams to be “bad” on offense. We look to efficiency rankings instead.

Football analysis is catching up, but nobody seems to be taking notice. The stats I will be quoting are from Football Outsiders (very good site if you’ve never seen it).  This site ranks offenses and defenses as units, based on some advanced per-possession stats that attempt to adjust for quality of opponent. This is obviously an imperfect process, but in my opinion it provides much better information than simply saying that, because a team averages 35.6 points per game, they are “good” on offense.

Oregon has long had a reputation as a high-flying offense and a poor defense. I think it is time to challenge that assumption. Offensively, they’ve been good, no question. Since 2007, their offensive ranks have been 7th, 13th, 11th, 11th, 5th, 2nd, 6th, 1st, 13th, and 18th. This year, their 18th rank is their worst on offense in a decade. That’s pretty good. But what about defense? Since 2007, they have been 19th, 42nd, 22nd, 5th, 9th, 4th, 29th, 28th, 84th, and 126th. Raise your hand if you are surprised, particularly about the stretch for 2010 to 2012 (5th, 9th, and 4th). The 2010 national title game was billed as two great offenses against two bad defenses (Auburn and Oregon), yet somehow, those two defenses held the great offenses to some of their lowest point totals all season (22 to 19). Turns out, when analyzed properly, both were great defenses as well (that just so happened to be playing with extreme, hurry up offenses, so they played many high scoring games).

I still consider the absence of a playoff in 2012 to be a travesty. 2012 Oregon vs. 2012 Alabama would have been a great game, and we needed to see it. If only somebody could have beaten Notre Dame during the regular season…  Oh well.

In any event, Oregon’s national-title-contender status from 2010 to 2014 was based upon great offense AND great defense. Last year they still managed to be 9-4, a pretty good year, with the 84th defense. But this year, with a truly terrible defense, they are 4-8, despite still having a great offense.

And that is normal. Many teams follow that formula. For example, 2013 Indiana (8th offense, 105th defense, 5-7 record), 2012 Baylor (5th offense, 94th defense 8-5 record), 2010 Michigan (8th offense, 107th defense, 7-6), 2009 Stanford (4th offense, 104th defense, 8-5 record). Another prominent team that had this reputation was West Virginia under Rich Rodriguez. As a 2007 national title contender that lost in an upset to Pitt to drop out of the title game, then routed Oklahoma in the Fiesta Bowl, they were 3rd on offense and 9th on defense. Not quite what most people thought.

The bottom line is that you won’t be a great team without being at least good on defense. There may be an exception or two (I haven’t researched every team from all time), but the general rule is pretty clear: if you are an elite offense and a below-average defense, you will be .500 or maybe a little better. 8-5 or 9-4 is about the best you can possibly do, and most do worse. Anybody winning 11 or 12 games has a good defense. Don’t be confused if a team like that sometimes gives up a lot of points. Maybe they are playing against a great offense, and/or defending more possessions than most other teams. If they are 12-2, its virtually guaranteed they’ve got a strong defense. Don’t believe the myth.

Sports Law Roundup – 12/9/2016

aslr

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:

  • College football defamation: On Thursday, former Baylor head football coach Art Briles sued three Baylor regents and the university’s senior vice president and CEO claiming that they defamed him by stating that he had knowledge of sex crimes reportedly committed by his players and failed to provide that information to proper authorities. In addition, Briles alleges that the officials sought to prevent him from securing another coaching position elsewhere. He also included a claim for intentional infliction of emotional distress, and, in total, seeks unspecified damages in excess of $1,000,000. Here is a picture of Briles’ longtime attorney, Ernest H. Cannon, riding a horse at a rodeo.
  • Football player suspension challenges: In related stories covered in this space last week, two NFL players represented by the same Ohio law firm launched collateral attacks on the NFL/NFLPA collective bargaining agreement targeting alleged procedural deficiencies in the suspension-appeal process after both were suspended for drug violations. The NFL and NFLPA now have taken action in one of those cases by appointing a third arbitrator to hear a rescheduled appeal by Green Bay Packer Mike Pennel. The absence of a third arbitrator is central to the claims Pennel raised in the lawsuit he filed in Ohio federal court. In connection with that suit, Pennel also sought a temporary restraining order, which the responsive actions by the league and union were designed to moot. On Tuesday, Pennel agreed to drop his lawsuit in exchange for a reduction– from ten games to four– in his suspension, which will allow him to play in the postseason should his Packers secure a playoff berth. (Pennel’s attorneys also represent Philadelphia Eagle Lane Johnson, who filed similar complaints with the National Labor Relations Board and U.S. Department of Labor around the same time Pennel filed his lawsuit.)
  • Student-athlete classification: The United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The trial court granted a motion to dismiss the defendants– the NCAA, Penn, and more than 120 other NCAA member schools– filed, and the appellate court affirmed. The court agreed that dismissal as to the non-Penn defendants was appropriate because of a lack of standing; the plaintiffs had attended only Penn and had no basis to recover wages from any school they didn’t attend. The court also agreed that dismissal was appropriate as to Penn, because the plaintiffs had failed to state a claim for relief from Penn. Noting the “revered tradition of amateurism in college sports” and the weight of judicial and regulatory precedent holding that student-athletes are not employees, the court concluded that the FLSA does not apply to student-athletes. While many disagree with this outcome, it is consistent with the original meaning and purpose behind the “student-athlete” designation. (In a concurring opinion, Judge Hamilton cautioned against broad application of the court’s decision, noting that the plaintiffs participated in a non-revenue sport– track and field– for a school that does not offer athletic scholarships, and suggested that he might have voted differently had the plaintiffs been student-athletes on athletic scholarship in a revenue sport.)
  • Hockey head injuries: A group of former NHL players suing the league for its alleged failure to warn them of known risks of head trauma now have requested class certification in that case for two classes of former players based on the different measures of relief sought: damages for those already diagnosed with neurological injuries and medical monitoring for others. Attorneys from a number of large law firms, including Skadden Arps Slate Meagher & Flom, are representing the NHL in this case. Skadden is the anchor tenant in a new commercial real estate development in Manhattan that also will be home to the NHL’s offices when it opens in 2019.
  • Minor League Baseball lobbying: MiLB has created a political action committee in order to boost lobbying efforts. The impetus for this move likely is the class-action lawsuit minor-league players filed alleging that their compensation violates federal wage and hour laws and the leagues’ attempt to snuff out that suit by way of congressional action. The proposed Save America’s Pastime Act would create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections. There has been essentially no action on the bill since Rep. Brett Guthrie of Kentucky introduced it in June, leaving plenty of time for MLB to say dumb things about it.
  • Soccer ban: The Court of Arbitration for Sport denied former FIFA president Sepp Blatter’s request to overturn his six-year ban from all national and international soccer-related activity and fine of 50,000 Swiss francs for his involvement with bribes and kickbacks during his leadership of FIFA.
  • Canadian Super Bowl commercials: There is a thing in Congress called the House Northern Border Caucus, and four of its members, representing districts in North Dakota, New York, and Washington, sent a letter asking the Canadian government to reverse its decision to block Canadian advertisers from running commercials on the Canadian broadcast of the Super Bowl. Canadian broadcasters used to have an agreement with the NFL that allowed Canadian commercials on the Canadian broadcast of the game, but, in 2015, Canadian regulators changed course in response to viewer demands to see the popular American commercials that run during the game. Canadian broadcasters and advertisers and the NFL, which is losing out on Canadian advertising revenue as a result, all oppose that change. The company that holds the Canadian broadcast rights to the Super Bowl, Bell Media, also has sued the regulatory body in an attempt to reverse the policy.
  • Hockey logo: Things are off to a rough start for Las Vegas’ first major professional sports team after the U.S. Patent and Trademark Office denied the Golden Knights’ registration application, citing a “confusing[] similar[ity]” to a mark registered by the College of Saint Rose. Arguable visual similarities aside, I didn’t even know there was a Saint Rose, much less a College of Saint Rose, and I certainly didn’t know the school’s mascot is the Golden Knights, and neither did you, which means that, however similar these marks might be, the likelihood of confusion here is very low. This likely is little more than another instance of the USPTO seeking a moment in the sports sun.
  • Gambling: The nation of Antigua and Barbuda has issued a threat to the United States if the U.S. does not meet a year-end deadline to comply with a 2003 World Trade Organization order ruling that American online sports betting and gambling laws violate international law. If the U.S. does not comply with the WTO order, which also carries an annual noncompliance penalty of $21 million and has accrued to over $250 million, Antigua and Barbuda intends to suspend intellectual property protections for Americans, effectively permitting Antiguans to establish websites hosting royalty-free downloads of American IP (e.g., books, music, movies, television programming, etc.).
  • Baseball ambassador: Bobby Valentine, former MLB player and manager of the Mets and Red Sox, reportedly is under consideration by president-elect Donald Trump for the position of ambassador to Japan. Valentine, who currently serves as athletic director at Sacred Heart University, is popular among Japanese baseball fans thanks to two successful stints as manager of a professional baseball team there.

Sports court is in recess.

Analyzing college football coaches’ favorite musical artists

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ESPN conducted a survey of all 128 Division I college football coaches, asking them to name their favorite musical artist. The full list of responses is here. My cursory analysis is here:   Continue reading

Kansas trick kick-return play validates Mountain West’s hazing of Boise State

One of the first stories we covered at this site occurred back in 2011, when the Mountain West Conference hazed new member Boise State by prohibiting them from wearing their blue uniforms in home conference games, claiming that the uniforms gave the Broncos “a competitive edge” in games played on their blue home turf, all while permitting charter conference member Colorado State to wear green uniforms in all of their conference games played on green turf. The MWC position was such a sham that even the NCAA could see it was a bad idea.

On Saturday night, though, the otherwise hapless Kansas Jayhawks showed that there might be something to this turf camouflage concern:

Not bad, but it won’t help KU hide from Charlie Weis, to whom the university still owes money.

Mike Leach Prefers Solo Cougars

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We all know Washington State head football coach Mike Leach to be a sensible and worldly man, and that’s true even when it comes to the selection of his team’s captain. In an age when most teams send out four or more captains (plus honorary captains) to handle the game’s preliminary procedural matters, Leach prefers a simpler and more direct approach:

Makes sense to me. According to contemporary reports, Morrow readied himself for the show like the future D-I football captain he would become by watching lots of film: “Jamal did not come to the show unprepared. A week prior, he watched every Price is Right episode he could get his hands on.” He ended up winning “almost $2,000 worth of clothes.” (If you’re a TV weirdo, here‘s some kind of hyper-detailed breakdown of the episode.) The NCAA investigative report on whether this constituted an improper benefit remains outstanding.

At this time, our staff has been unable to locate video of Morrow’s appearance on “The Price is Right,” but we did find this visual still and commend Morrow’s attire.

Morrow took the over on the price of a Toyota Corolla on the show in 2013 and the over on his BAC in his own car in 2016.

Our staff also has been unable to locate coin toss results for the 2016 season, but, under Leach and Morrow, Washington State has won five games in a row and is undefeated (4-0) in conference play. Only two currently ranked opponents– Colorado and Washington– remain on their schedule. They play Oregon State this Saturday night on ESPN2.

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Previously
Mike Leach: Prospective time traveler
Mike Leach officially ushers in the 2015 college football season
Cougar dating tips from Mike Leach
Mike Leach Favors Cougars