Sports Law Roundup – 5/19/2017

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:

  • Basketball mugging: Moses Malone Jr., son of NBA great Moses Malone, sued James Harden, claiming that Harden paid a group of people $20,000 to mug Malone Jr. at a Houston strip club last summer after critical comments by Malone Jr. about Harden’s youth basketball camp angered Harden. Malone Jr. posted a Facebook.com comment about the $250-per-attendee cost of Harden’s camp and then was beaten and robbed at the strip club. One of the men charged in the attack reportedly told Malone Jr. during the attack that Malone Jr. “disrespected James Harden and that he needs to be punished after that.” At this time, police have not established a connection between Harden and the attack.
  • Golf drugs: Vijay Singh won a victory in his lawsuit against the PGA this week when a court ruled that his claim that the tour breached an implied duty of good faith it owed to Singh could proceed. Singh’s case arises out of 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 performance. The PGA suspended Singh based on his admission before checking with 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. Singh’s contention is that the PGA should have confirmed this fact with WADA before it suspended him.
  • Football painkillers: The judge overseeing the proposed class action brought by former NFL players against the league’s thirty-two teams improper dispensation of painkillers dealt the plaintiffs another serious blow this week by dismissing almost all of the claims remaining in the case, and he does not seem to be impressed by the plaintiffs’ efforts: “perhaps the bloat of inapposite allegations is the product of some advocacy-based agenda rather than any attempt to comply with pleading requirements. For present purposes, however, this order makes clear at the outset that what matters is not whether plaintiffs have drawn attention to widespread misconduct in the NFL but whether each plaintiff has properly pled claims for relief against each individual club and, if so, whether those claims survive summary judgment.” At this time, the only claims that remain in the case are those brought by two individual players against three teams, the Green Bay Packers, Denver Broncos, and San Diego Chargers.
  • Baylor sexual assaults: Amazingly, Baylor’s legal troubles continue to mount. After a former student sued the university earlier this year, alleging she was the victim of a group rape committed by two football players in 2013 that the school ignored; 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”; and that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes, another former student has sued the school based on similar allegations. The new case, filed by a former volleyball player for the university, is the seventh Title IX lawsuit brought against the school, and it alleges that up to eight Baylor football players drugged and raped the plaintiff in 2012. The complaint explains that the attack was photographed and videotaped and happened in connection with a football hazing program.
  • NBA ticket devaluation: A San Antonio Spurs fan has sued the Golden State Warriors and one of that team’s players, Zaza Pachulia, claiming that Pachulia’s contribution to the injury of Spurs star Kawhi Leonard “devastated the quality of the Spurs’ chances of being competitive,” thereby diminishing the value of the plaintiff’s tickets to future Spurs playoff games. Video of the play in question is available here. It shows Pachulia moving in front of Leonard, who is in the air releasing a shot, and Leonard subsequently landing on Pachulia’s foot, resulting in an exacerbation of Leonard’s ankle injury that caused him to miss the remainder of the first game and all of the second game of the NBA’s Western Conference finals. Leonard did not participate in practice yesterday, and his status for tomorrow’s game remains undetermined.
  • MLB streaming: Facebook and MLB have reached a live game streaming agreement that grants streaming rights to the social media platform for certain Friday night games. Streams will be free to users in the United States, and it appears that blackout restrictions will not be enforced, meaning fans located in the participating teams’ geographical regions should be able to watch as well. The initial deal includes twenty games, beginning with tonight’s Rockies-Reds matchup. More games may be added later. It is not clear whether this announcement has anything to do with the new lawsuit filed earlier this month by fans seeking to enforce a previous settlement agreement that required MLB to provide more live streams of in-market games by 2017, but it sure seems like it does.
  • Football jokes: An individual who posts jokes on the internet has sued Conan O’Brien, alleging that O’Brien stole a joke from him about Tom Brady winning the Super Bowl MVP award two years ago. Super Bowl MVPs apparently receive pickup trucks as prizes, and Brady, having won multiple such awards and having no use for a truck, has been giving them to a teammate he feels deserves it. Following New England’s last-second victory over Seattle in Super Bowl XLIX, Brady gave the truck to Malcolm Butler, who secured the game-winning interception. The essence of the joke was that Brady should’ve given the truck to Seahawks coach Pete Carroll, who, many thought, made a very bad play call on that play. I’m not sure what the statute of limitation is on joke-theft claims, but any joke that takes this long to explain probably isn’t worth stealing.  (It also seems kind of obvious, at least in retrospect.) A judge has ruled that the case will go before a jury, which will decide whether O’Brien infringed the individual’s copyright on that joke and two others.

Sports court is in recess.

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.

Sports Law Roundup – 12/2/2016

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:

  • MLB CBA: Shortly before the December 1 deadline, MLB and the MLBPA reached agreement on a new collective bargaining agreement that will govern the sport for the next five years.
    2016-mlb-cba
    Details still are emerging, but early analyses are labeling this round of negotiations another win for ownership. (Others see it as a mere “setup for war in 2021.”) One of the most visible changes fans will notice is that the All Star Game no longer will determine home-field advantage in the World Series; instead, that perk will go to the team with the better regular-season record. Another aesthetic change: no more chewing tobacco (although current players are free to chaw down; the ban only applies to new players as they enter the league). Following in the NFL’s footsteps, MLB has indicated plans to play a regular-season game in a foreign country, possibly England or Mexico, as soon as 2018.
  • Football player suspension challenges: Lane Johnson, a fourth-year offensive tackle for the Philadelphia Eagles who is serving a ten-game suspension following a second failed test for performance-enhancing drugs, has challenged his suspension by filing complaints against the NFL and NFLPA with the National Labor Relations Board and U.S. Department of Labor, alleging that the suspension procedure violated his rights under his employment contract and federal labor law. While the filings currently are not public, Johnson’s challenge appears, based on a statement from his lawyer, to be a collateral attack on the collective bargaining agreement itself: “During Lane’s appeal, it became apparent that the written words in the collectively bargained Performance-Enhancing Substances (‘PES’) Policy, under which Lane was disciplined, are meaningless. The NFL and NFLPA have undermined these protections leaving the players — including Lane — with a hollowed-out process devoid of any protections.”
    Faced with a similar situation, Mike Pennel, a third-year defender for the Green Bay Packers, is challenging the adequacy of the suspension-appeal procedures by filing an action in federal court. Pennel’s allegation is that the use of only two arbitrators, rather than three, for his appeal hearing violated the league’s substance-abuse policy.
    Both Pennel and Johnson are represented by the same law firm, Ohio-based Zashin & Rich.
  • NBA arena: A court’s denial of two citizens’ organizations’ petitions will allow construction to proceed in San Francisco on a new, privately financed, $1 billion arena for the Golden State Warriors. The groups had sought to block the project because, in their view, the city’s environmental analysis was insufficient, specifically including an allegation that increased traffic would interfere with the operation of the nearby UCSF hospital. The Warriors will leave their current home in Oakland to begin play in the new San Francisco arena in 2019.
  • Sharper sentencing: A judge sentenced longtime NFL safety and serial rapist Darren Sharper, previously most famous for playing fourteen seasons for the Packers, Vikings, and Saints, and for his supporting “role” in this viral video, to twenty years in prison as part of a plea bargain in which Sharper admitted to drugging and raping women in four states. Sharper, whose victims number more than a dozen, previously pleaded guilty in a federal trial for drugging three women so he could rape them and is appealing the eighteen-year sentence he received in connection with that plea.
  • Inmate phone calls: Former Florida Gator and New England Patriot Aaron Hernandez, who is incarcerated in Massachusetts following his conviction for murdering one person and being charged with multiple additional murders, has sued Securus Technologies, one of the largest providers of inmate telephone services. Based on media reports of a Securus data breach, Hernandez’s suit alleges that the company failed to protect privileged and confidential information, such as telephone calls between Hernandez and his lawyers.
  • Whistleblowing coach: A judge awarded former Penn State football coach Mike McQueary an additional $5 million Wednesday after determining that the school terminated his employment as a result of his testimony against other PSU officials who failed to act in response to McQueary’s report on child sexual abuse by another football coach. McQueary previously won $7.3 million in a jury trial on claims related to the university’s investigation of the assault and its related defamation of McQueary. (Yes, the PSU community really did attack McQueary for reporting a football coach’s child sexual abuse. Four years later, that community appears to be as delusional as ever.)
  • Football painkillers: In an update to a story previously highlighted in this space, a judge has ordered Dallas Cowboys owner Jerry Jones to sit for a deposition in a lawsuit by former NFL players alleging that teams irresponsibly dispensed painkillers to their players in order to keep them on the field, granting a discovery victory to the players. The victory was a partial one, however, because the judge denied the plaintiffs’ request to depose Jim Irsay, the owner of the Indianapolis Colts, famous guitars, and a personal history of painkiller abuse.
  • Super Bowl hotel rooms: Marriott has emerged victorious in a contract dispute with a sports travel agency after a judge ruled that the hotel chain was not bound by its obligations to the agency to provide 300 rooms for the Super Bowl in Houston, because the agency, in selling 240 of the rooms to another broker, violated a no-transfer provision of the agreement with Marriott. When Marriott cancelled the contract, the agency sued, accusing Marriott of violating their contract in order to pursue a more lucrative opportunity with the NFL and alleging that Marriott knew of the agency’s practice of reselling rooms. Even if that was true, the judge explained, the no-transfer clause was clear, and the agency could not enforce a contract it had breached.

Sports court is in recess.

On a Northbound Train: ALDLAND Goes Live to Green Bay for Lions-Packers

The Detroit Lions currently own the longest road losing streak by any team against a single opponent in NFL history, having lost twenty-four games across twenty-three years to the Packers in Green Bay. That streak is on the line again this Sunday, when the Lions play at Lambeau Field, and we will be on the ground to take in the full experience.

Breaking this losing streak will be an uphill climb for these Lions. Their 1-7 record obviously compares unfavorably to the Packers’ 6-2 mark, and there is little reason to believe those records significantly misrepresent the true talent of these teams, at least in a comparative sense.

Still, there are reasons for the Honolulu blue crew to be hopeful this week. The Packers, after starting 5-0, have lost two straight games, both away, dropping their road record this season to 2-2. Their home in Lambeau is the NFL’s original Frozen Tundra, but this November Sunday is shaping up to be a balmy one by Upper Midwestern standards, at least reminiscent of Denver and Carolina’s outdoor stadia, where the Packers just lost, if not quite the Lions’ current temperature-controlled den.

The Packers do have weaknesses. For example, no NFL team has a worse three-and-out rate in 2015, something that should offer the Detroit defense an opportunity to slow down Aaron Rodgers & co. And Rodgers’ company is in flux this season. Top receiver Jordy Nelson is out for the year due to a preseason injury, and Green Bay has yet to find consistency in the run game. This week, they demoted starter Eddie Lacy in favor of his backup, James Starks, although indications are that both backs will see action Sunday. On defense, the Packers’ recent losses also have some believing that the team is susceptible to a deep passing attack.

With an offense that continues to feature Calvin Johnson and Matthew Stafford, a deep passing attack is exactly what the Lions should be emphasizing. Following the major shakeups in the coaching staff and front office in the last two weeks, it looks like this is precisely Detroit’s plan. New offensive coordinator Jim Bob Cooter has been playing to his side’s strengths so far, and while Johnson has been limited in practice this week due to an ankle injury, there’s no indication that he’ll be unavailable Sunday.

On paper, things don’t look too good for the Lions this week, but then again, they almost never have. And besides, this game will be played on a not-so-chilly patch of Wisconsin greengrass, not paper. Anything could happen. We’ll be there to watch what happens happen. If you won’t, keep it tuned here and on twitter (@ALDLANDia) for crucial updates live from Green Bay.

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.

College Football Fan Guide: Championship Week Edition

Last week was one of the best football weeks in recent memory, and although our Tuesday Afternoon Inside Linebacker weekly feature has fallen by the wayside due to worldly obligations, this week and the week ahead deserve note.

The Lions started things off on Thanksgiving with a wonderful win over Green Bay. It was Detroit’s first win on Turkey Day in nine years, and it was the first time Matt Stafford beat the Pack. The Lions also avenged the career game Matt Flynn had the only previous time he quarterbacked Green Bay against Detroit.

Brendan and I were in the Big House for Michigan’s surprise one-point loss to Ohio State, and I made it out of Ann Arbor in time to see Georgia come back to defeat Georgia Tech in overtime, note Vandy’s comeback win over Wake Forest, and watch maybe the greatest one second of college football in Auburn’s regulation toppling of Alabama in the Iron Bowl.

Records of note:

  • Auburn: 11-1 (35-21 loss at LSU)
  • Michigan State: 11-1 (17-13 loss at Notre Dame)
  • Ohio State: 12-0
  • Vanderbilt: 8-4 (poised for second consecutive nine-win season)
  • Missouri: 11-1 (27-24 2OT loss against South Carolina)

Bowl outlook:

  • Rose Bowl: Barring a very bad loss to Ohio State in the Big Ten championship game Saturday night, Michigan State seems set to ring in the new year in Pasadena. Here are the details on that situation.
  • Bowl projections keep waffling Vandy between the Music City and Liberty Bowls. Despite having a national championship in women’s bowling, they can’t seem to roll outside the Volunteer State. The former Independence Bowl in Shreveport might be a good alternative.

The BCS national championship: Right now, Florida State is set to play Ohio State, but that could change after this weekend. Each team needs to beat its conference championship opponent, Duke and Michigan State (more on basketball later!) respectively, of course. Auburn’s also in the mix here. If the Eagles/Tigers/Plainsmen beat Missouri in the SEC championship game, one-loss/SEC champ Auburn could leap an undefeated Ohio State. But you don’t have to take my word for it. Just ask Florida head coach Urban Meyer:

There are a lot of people making a lot of decisions out there, but this is a big one. We’re going to tell a group of young men, who just went 12-1 in a most difficult schedule against six ranked opponents, that they don’t have a chance to play for a national championship? I’m going to need help with that one.

That was back in 2006, though, and in 2013, Meyer finds himself singing a decidedly different tune as the head coach of Ohio State. 2006 Urban Meyer got his way, something 2013 Urban Meyer ought to keep in mind this week.

(HT: @DrunkAubie)

ALDLAND Podcast

So the holidays are over.  The BCS games were mostly boring.  The NFL wild card games were also mostly boring.  You are probably sitting around pondering if life is even worth it any more.  Don’t fear, loyal listener(s), it is.  There’s a new ALDLAND podcast for you to listen to in which we discuss all that boring stuff and make sense of it.  As the great philosopher John L. Smith once said, “SMILE!”

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

Narrow Margin Monday, take 2

We find ourselves late on a Monday after another weekend of close games. On Saturday, woefully underachieving Michigan State lost in overtime to Iowa as a result of what one local radio host called the worst coaching he had ever seen in his life, and the man is neither young nor inexperienced in the field. In a real upset, LSU threw a monkey wrench in the SEC East race and beat South Carolina 23-21, Kansas State escaped Ames with a 27-21 win over Iowa State, Notre Dame beat Stanford 20-13 in overtime, and Texas A&M squeaked by Louisiana Tech 59-57. Even the Florida-Vanderbilt game was close into the fourth quarter before the Gators and their quarterback ran away with it. More on that game later this week.

Saturday had its share of blowouts, naturally, and the notable ones included Alabama’s 42-10 win at Missouri, which remains winless in its new conference, Texas Tech’s 49-14 embarrassment of one-time national championship contender West Virginia, still-undefeated Oregon State’s 42-24 win over BYU, and Michigan’s 45-0 muddy execution of Illinois on Wolverine homecoming. Michigan hosts Michigan State in another ALDLAND outing, more on which toward the end of the week.

The NFL had its share of close contests too, including the Lions’ overtime win over hapless Philadelphia, Buffalo’s 19-16 overtime win over Arizona, whose kicker hit a 61-yarder to tie the game but subsequently missed a 30-something yard kick to win the game in the final seconds, the Seahawks 24-23 win over New England, Atlanta’s come-from-behind win over Oakland to become the league’s final undefeated team, Miami’s 17-14 victory over the Rams, and Baltimore’s 31-29 capitalization on the Dallas (ongoing) Disaster. Baltimore payed a long-term price for its win, though, sacrificing defenders Ray Lewis and Ladarius Webb at last to the football devil (no, not the commissioner– separate office) in payment for their past defensive successes. Lewis and Webb are out for the season. Other high-flying teams went down in spectacular fashion on Sunday, including San Francisco, 26-3 at the hands of the Giants, and Houston, 42-24 to Green Bay on Sunday night.

In off-field NFL news, Jonathan Vilma, the embattled New Orleans Saint, reportedly will be allowed to play as soon as this weekend, although it isn’t clear if he will. Vilma continues to maintain a defamation suit against Roger Goodell.

In baseball, the final four is set and in motion. Detroit seized a 2-0 lead over the Yankees as the series heads to Detroit with AL strikeout kings Justin Verlander and Max Scherzer yet to pitch for the Tigers. The other road team, St. Louis, has a 1-0 lead in the NLCS battle of the two most recent defending World Series champions, though the Cardinals are down 5-1 in the fourth as I write this.

Drew Brees is the farmer in the dell?

Drew Brees broke Dan Marino’s 27-year-old single-season passing record last night with a game and a quarter to spare. This morning, ESPN.com lead with “[The] Brees Stands Alone.” Hi-ho the dairy-o. In the words of Horatio Sanz (as Joe Bouchard), what does that mean?

With the obvious allusion to “The Farmer in the Dell,” one would assume that Brees, the new record-holder, would play the role of the farmer, but that only leads to more questions. When “the farmer takes a wife,” is that a reference to Brees breaking the record and making Marino his wife? (If so, I’d hate to read the feminist critique, as authored by Marino.)

I’m no Aesop, but I have written about the overlap between sports and folk songs before, and I think that this means what it says: Brees is the cheese.

Fine, but what’s the cheese? Simple. The cheese is an obvious reference to Packers’ quarterback Aaron Rodgers, who, before Green Bay lost its first game of the season last week, was the unquestionable choice for league MVP. All of that is up for grabs now, though, because the Packers lost to the Chiefs and Brees seized maybe the most important passing record in the NFL. And Brees is no Case Keenum. His Saints are 12-3 and have to be considered one of the favorites to win it all. If Rodgers is the cheese, and ESPN wrote that “[The] Brees Stands Alone,” what they plainly mean is that Brees has supplanted Rodgers and stands alone as the best quarterback in the NFL.

Buy a share of the Green Bay Packers, sit down, and shut your mouth (and your wallet)

The Green Bay Packers are America’s only publicly owned professional sports franchise, and that is really cool. Just in time for Christmas, the Pack recently launched a new stock offering, issuing a minimum of a quarter-million shares of common stock. In this case, common stock is not the sort of investment opportunity people are used to, although it does carry voting rights, however mathematically miniscule. For many of the more interesting elements of this offering, see Deadspin’s typically jaundiced-eye treatment of the details.

I found one aspect to be particularly noteworthy. Page five of the official stock offering document contains the following reminder of what it means to be a part-owner of an NFL team:

The NFL Rules prohibit conduct by shareholders of NFL member clubs that is detrimental to the NFL, including, among other things . . . publicly criticizing any NFL member club or its management, employees or coaches or any football official employed by the NFL . . . . If the Commissioner of the NFL (the “Commissioner”) decides that a shareholder of an NFL member club has been guilty of conduct detrimental to the welfare of the NFL then, among other things, the Commissioner has the authority to fine such shareholder in an amount not in excess of $500,000 and/or require such shareholder to sell his or her stock. In addition, if the Commissioner determines that a shareholder has bet on the outcome or score of any game played in the NFL, among other things, then the Commissioner may fine such shareholder in an amount not in excess of $5,000 and/or require such shareholder to sell his or her stock.

It seems to me that the sort of person who would want to buy common stock in the Packers is likely to be someone who does one or both of two things: 1) criticize football-related people, and 2) gamble on football. While enforcement seems unlikely, Deadspin notes that the threat was enough to spook at least one would-be purchaser.