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.

Kobe Bryant: 1978-2020

The New Yorker’s Louisa Thomas has the obituary. Since he came into the nation’s consciousness as Charlotte’s first-round pick out of high school in the 1996 NBA draft, Kobe Bryant has been recognized as one of the most driven athletes in sports history. We’ve heard and read stories, including many in the last few hours, that serve as oral and written testaments to Bryant’s commitment to his ambitious focus to follow and surpass the legacy of Michael Jordan as the modern game’s single best player. Even as Bryant disclaimed attention to the comparison, everyone knew that’s what he wanted. In that regard, enjoy a visual testament to Bryant’s hard work and attention to detail.

In her brief but full remembrance, Thomas addresses Bryant’s legacy, explaining that, after retirement, he

didn’t withdraw from the game, either. He mentored other players—women as well as men. In the public imagination, the battle for the best player in history may be between [LeBron] James and Michael Jordan, but Bryant was the one that many players actually idolized. He had four daughters, and he understood that they were part of his legacy, too. Gianna, the second, was a talented basketball player, and . . . Bryant acknowledged that he saw something of himself in her. (She was “insanely, insanely competitive—like, mean,” he said.) They attended several Lakers games this season, and a video of them together at a Nets game went viral. In it, Bryant appears to be intensely explaining something to Gianna, and she, pursing her lips like a typical teen-ager, laughs and takes it in.

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.

#space Jam

My favorite recent PFT Commenter conspiracy theory is that Space Jam 2, which is set to star LeBron James but remains in preproduction, actually is a vehicle to allow James, newly a member of the strikingly mediocre Los Angeles Lakers, to recruit top players with salaries in excess of the league’s caps by paying them to be a part of Space Jam 2, a movie that might never actually get made. If about-to-be-free-agent Kevin Durant signs a cheap contract with the Lakers this offseason, we’ll know the foregoing is true.

Another thing that’s true is that my friend Grant Zubritsky is a musician who just released two new tracks this week that wouldn’t be out of place on the soundtrack for Space Jam 2. (Take a moment to remember the strength of the soundtrack to the original movie.) In light of all of that and the fact that I don’t know if these Spotify embeds are going to work, here for this week’s Jams are both of his new numbers:

Enes Kanter Contains Multitudes (via The Ringer)

enes3-0Kanter is many things: New York Knicks center, devout Muslim, star of #NBATwitter, and enemy of the Turkish state. For the moment though, he is like anyone else on this beach—just another person in paradise, awed by all that surrounds him. “This is unbelievable,” he says.

As we walk, staring out at the Pacific in a place that feels something like the edge of the world, Kanter begins talking about other faraway places that he has considered home. At 26 years old, Kanter is no longer connected to his country or his parents, who still live there. His continued criticism of Turkish President Recep Tayyip Erdogan has landed Kanter’s father in jail and made Kanter a target of harassment and social media threats on his life. “I don’t know if he’ll ever be able to go back to Turkey,” says Fetic. “Ever.” He is rootless, building makeshift communities everywhere his life and NBA career takes him.

He finds belonging in unlikely places. A living room in Pennsylvania. A locker room in Oklahoma. The entire state of Kentucky. All have served, at least temporarily, as a refuge, giving Kanter comfort for anywhere between a few hours and a few years before he inevitably goes searching, once again, for someplace else he might call home. … Read More

(via The Ringer)

(HT: ASW)

It’s time to rethink our stance on Jamal Crawford

crawford griffin

I haven’t thought about Jamal Crawford in about eighteen years, since he was a one-and-done for the University of Michigan during Michigan State’s national championship season in 2000. Since then, he’s played in the NBA for Chicago, New York, Golden State, Atlanta, Portland, Los Angeles (Clippers), and Minnesota, his current team. If I’m reading this correctly, Crawford is the active leader in three-point attempts. This morning, Blake Griffin, Crawford’s former teammate in L.A., revealed that Crawford is a BlackBerry user.

____________________________________________________________

Related
Ezekiel Elliot’s suspension appeal reveals important information about NFLPA lawyer
Tennis news: Serena Williams and Sloane Stephens are Blackberry users

Sports Law Roundup – 12/22/2017

aslr - xmas

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

  • Gymnast abuse: Earlier this month, a judge declared that a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who was facing multiple civil and criminal accusations of improper sexual conduct in connection with his alleged sexual abuse of young female athletes was “a danger to children” and sentenced him to sixty years in prison. Now, one of his most prominent victims, U.S. gold-medalists McKayla Maroney, has sued USA Gymnastics, which, she alleges, tried to stop her from publicly accusing the doctor of abuse. According to Maroney’s complaint, the situation arises out of a prior $1.25 million settlement agreement Maroney reached with USA Gymnastics that contained mutual non-disclosure provisions. Maroney’s current attorney says that while Maroney willingly agreed to that settlement, she did so at a time when she was suffering from emotional trauma and needed the money for “lifesaving psychological treatment and care.” USA Gymnastics says that the parties included the confidentiality provision in the settlement agreement at the insistence of Maroney’s then-attorney, Gloria Allred. Maroney’s complaint also names Michigan State University, the U.S. Olympic Committee, and the doctor as defendants. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Baseball injury: Dustin Fowler, currently an outfielder for the Oakland A’s, filed a negligence action against the Chicago White Sox and Illinois Sports Facilities Authority, which owns and operates Guaranteed Rate Field, because of an injury he suffered when, as a member of the New York Yankees, he ran into an unpadded electrical box in the right-field foul territory of Guaranteed Rate Field during a game last summer. Fowler damaged his knee in the collision, causing his rookie season to end before his first plate appearance, and he ultimately required surgery. Fowler claims that the defendants should have done more to secure the box or protect players from running into it.
  • Sleeve suit: A tattoo artist, whose clients include LeBron James, Kyrie Irving, Tristan Thompson, and Danny Green, is suing the makers of the NBA2K17 video game because, he says, the game’s graphics are so realistic and detailed they include replications of his work, over which he claims copyrights, and he alleges he is entitled to compensation for their use in the game. It’s unclear whether the artist (somewhat confusingly named James Hayden) has sought to protect these rights in other circumstances, such as game broadcasts or television commercials, featuring his clients. This isn’t the first lawsuit against the makers of the NBA2K series of games, however. A different owner of copyrights on NBA player tattoos sued over prior editions of the game and lost because it had not registered those copyrights with the U.S. Patent and Trademark Office. It isn’t clear whether Hayden has registered his trademarks.
  • Super Bowl ticket shortage: A federal appeals court will allow a proposed class action to proceed against the NFL based on allegations that the league’s ticket lottery program for Super Bowl XLVIII, which was played at MetLife Stadium in East Rutherford, New Jersey, only released a fraction of the available tickets to the public. The legal basis of the suit is a New Jersey consumer protection statute that requires the public sale of at least 95% of the tickets for events hosted in the state. The named plaintiff’s claim relies in significant part on an expert economic opinion that the plaintiff paid more for tickets he bought on the secondary market than he would have had the league not withheld more than five percent of the game tickets from the primary public market in violation of the New Jersey law. The federal court now has certified the question of whether the state law applies to the NFL’s actions to the Supreme Court of New Jersey.
  • Hockey island: The State of New York’s economic development agency, Empire State Development, has selected a $1 billion bid by a joint venture directed in part by New York Mets owner Fred Wilpon to develop an entertainment complex that will be the new home of the New York Islanders. The move is significant in that the site, which is part of the Belmont Park racetrack property, is located on Long Island, the place the team called home for all but the last three years, when the franchise left Nassau Coliseum for the Barclays Center in Brooklyn (which, as a geological matter, is part of Long Island but whatever).
  • Music City soccer: On Wednesday, MLS announced that it would award an expansion franchise to Nashville, where the new team is expected to play in a new arena to be built at the city’s fairgrounds. The day before, a local judge had dismissed a lawsuit by opponents of the stadium’s construction because she concluded the plaintiffs lacked standing to challenge the project and determined that the stadium would not impair existing fairground activities, including the state fair.
  • RICO soccer: On Friday in a New York federal court, a jury convicted the former leaders of the Brazilian and Paraguayan soccer associations on racketeering conspiracy charges related to millions of dollars in bribes received in exchange for marketing rights. The jury is continuing to deliberate over similar charges against the former head of the Peruvian soccer association. The maximum sentence for each charge is twenty years in prison.
  • Thursdays are for the lawsuits: On Thursday, Barstool Sports served the NFL with a notice to cease and desist the marketing and sale of a line of apparel the website contends were “made with the intent to trade off of the goodwill associated with” a Barstool-owned trademark, “Saturdays are for the Boys.” (Interestingly, Barstool did not create “Saturdays are for the Boys,” though it did popularize, market, and register as a trademark the phrase one of its writers overheard at a bar.) The allegedly offending products are shirts the NFL is selling with the phrase “Sundays are for” followed by one of its team names or nicknames. The one shown in the cease-and-desist letter is the Dallas t-shirt, which reads “Sundays are for the Boys.” The NFL had pulled that shirt from its online store prior to the sending of the letter, but the others remain available.

Sports court is in recess.

Sports Law Roundup – 12/8/2017

aslr

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

  • Olympic doping: The International Olympic Committee has banned Russia from the upcoming Olympic Games in South Korea due to “systemic manipulation of the anti-doping rules and system,” although it will allow individual Russian athletes who prove they aren’t doping to compete under the Olympic flag and wearing uniforms indicating they are “Olympic Athlete[s] from Russia.” Additionally, twenty-two Russian winter Olympic athletes banned for life following doping violations during the 2014 Winter Olympics have applied to the Court of Arbitration for Sport to reinstate them. The upcoming winter games begin in February.
  • Gymnast abuse: In February, the Michigan Attorney General charged a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who already was facing multiple civil and criminal accusations of improper sexual conduct, with twenty-two additional criminal counts in connection with his alleged sexual abuse of young female athletes. USA Gymnastics and Michigan State terminated their relationships with the doctor following the earlier accusations. Some of the charges added in February involved victims who were younger than thirteen at the times of the alleged acts, and all of the charges are felonies that carry a maximum sentence of life imprisonment. On Thursday, following guilty pleas on three federal charges, a federal trial judge in Grand Rapids declared the doctor “a danger to children” and sentenced the fifty-four year old to sixty years in prison, the maximum allowable sentence. In determining her sentence, the judge considered statements from victims, including U.S. gold-medalists McKayla Maroney and Aly Raisman. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Charity fraud: Former NBA player Kermit Washington pled guilty to multiple criminal counts of making false statements on income tax returns and a single count of aggravated identity theft in connection with charges that he used charitable donations intended for a medical clinic in Africa for personal expenses. Washington allegedly induced donors, including professional athletes, to contribute to the clinic but spent the money on vacations and jewelry. In 1973, the Los Angeles Lakers drafted Washington fifth overall out of American University, the beginning of a ten-season NBA career in which he also played for the Trailblazers, Clippers, Celtics, and Warriors.

Sports court is in recess.

Sports Law Roundup – 9/22/2017

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:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

Sports court is in recess.

Sports Law Roundup – 9/8/2017

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:

  • Athlete advisor fraud: In February, 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. On Wednesday, a federal trial judge sentenced Ourand to thirty-three months in prison, less than the thirty-seven months federal prosecutors requested, but more than the year (plus some home confinement) Ourand sought.
  • Radio host ticket fraud: Earlier on Wednesday, FBI agents arrested Craig Carton, who cohosts WFAN’s (New York City) morning sports talk program with former NFL quarterback Boomer Esiason, on fraud charges based on allegations that Carton was operating an event-ticket scam. According to federal prosecutors, Carton induced investors to fund a concert ticket resale venture by claiming that he had special access to purchase the tickets when, in fact, he did not. Carton and an associate instead used the investors’ money for themselves, including to repay casino debts and some initial investors in a Ponzi-style arrangement.
  • Rockets sold: Tilman Fertitta bought the Houston Rockets on Tuesday for $2.2 billion. Fertitta, a Houstonian, is the owner of Landry’s, Inc., a corporation that owns restaurants and other commercial properties including Bubba Gump Shrimp Company, the Golden Nugget casino, and multiple aquariums in Texas, Colorado, and Tennessee, among many other things. Microsoft CEO Steve Ballmer set the previous record for the purchase price of an NBA franchise when he bought the Los Angeles Clippers for $2 billion.
  • NFL sanction standards: In light of the ongoing Ezekiel Elliot saga, PFT’s Mike Florio (who, people forget, is a lawyer) penned an essay on the NFL’s low standard of proof used in determining violations of its personal conduct policy, which concludes: “As long as the league has the power to impose discipline based on the very lowest legal standard of proof, any player who finds himself under scrutiny had better be able to show that there is no credible evidence of any kind that could be viewed in any way as suggesting that he has any responsibility for anything that happened.”

Sports court is in recess.