It’s August 10, 2018, and football officially is back

It’s the first full week of August, which obviously means football season is upon us. The first NFL preseason game actually happened last week in Canton, Ohio, where the Bears and Ravens played in just the second first Hall of Fame Game since the great paint debacle of 2016, which surprisingly had nothing to do with Bruce Arians’ childhood.

Last night, week one of the NFL preseason officially began, with the Bills, Panthers, Bears, Bengals, Buccaneers, Dolphins, Browns, Giants, Steelers, Eagles, Saints, Jaguars, Redskins, Patriots, Rams, Ravens, Texans, Chiefs, Titans, Packers, Colts, Seahawks, Cowboys, and 49ers all in action. I didn’t realize there were that many games last night before I began typing that sentence. But there’s absolutely no denying it: football is back.

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Did somebody just out-XFL the XFL?

xfl fans orlando

Baseball may be the de jure national pastime and the NFL may be the de facto national pastime, but, heretofore, the official sport of ALDLAND always has been the XFL. Almost twenty years ago, the brash and innovative XFL upended the stogy NFL with a fan-first (or certainly not player-first) approach that, while not long-lasting in its then-current form, lives on through a variety of changes it forced the NFL to make to stay current with its most ardent fans.

Almost two decades after the XFL folded, however, the NFL under Roger Goodell is as stiff and outdated as it’s ever appeared, which made initial reports that Vince McMahon was bringing the XFL back welcome news indeed in many quarters, including this virtual one. The NFL once again is ripe for upheaval, and a revived XFL seemed like just the vehicle for the job once again. Unfortunately, further revelations from McMahon have made clear that the new XFL, which is planned to resume play in 2020, has a mission devoid of the brash, raw, boundary-pushing, potentially/probably dangerous approach the league took in 2001:

On January 25, 2018, Alpha Entertainment announced a new incarnation of the XFL, which would begin with a 10-week inaugural season beginning in January or February 2020. In a press conference, McMahon stated that the new XFL would be dissimilar to its previous incarnation, stating that “There’s only so many things that have ‘FL’ on the end of them and those are already taken. But we aren’t going to have much of what the original XFL had, including the cheerleaders, who aren’t really part of the game anymore. The audience wants entertainment with football, and that’s what we are going to give them.” McMahon stated that the league would feature eight teams as a single entity owned by Alpha (the previous XFL was also a single-entity league), which will be revealed in 2019. Alpha Entertainment was established in order to keep the league’s management and operations separate from that of WWE.

The XFL will discourage political gestures by players during games (such as, for example, taking a knee in protest), and will forbid any player with a criminal record from participating. He justified this by stating that the XFL would be “evaluating a player based on many things, including the quality of human being they are”, and that “people don’t want social and political issues coming into play when they are trying to be entertained”. He suggested that players who wish to express political opinions should do so on their personal time.

He’s had a lot of success, but here, McMahon’s being too big of an idiot in too many ways. The second coming of the XFL wasn’t going to be a cookie-cutter version of the first edition, of course, but its organizing principle, by McMahon’s own admission, has nothing to do with football. Nobody ever thought the XFL would offer a better on-field product than the NFL because the best players always play for the most money, but you’re lying if you said you thought the XFL would return to play the role of a more conservative NFL. (And not to get too deep into the water here, but does anyone think he could’ve saved a lot of words by just saying he only wants white players?) What a waste.

Thankfully, somebody else saw an opening here. That somebody is Charlie Ebersol, the son of Dick Ebersol, the longstanding NBC executive who, along with McMahon, formed the original XFL. Charlie, who directed the recent 30 for 30 movie about the XFL, plans to scoop his father’s former partner by debuting his new league, the Alliance of American Football, a year earlier than XFL 2.0:

The league plans to kick off on February 9th, 2019, one week after the Super Bowl, with 50-man rosters and a ten-week season.

The news just gets worse and worse for the XFL, as Ebersol’s league has already recruited some heavy hitters from the NFL world. Ebersol has brought in retired Indianapolis Colts General Manager and current ESPN analyst Bill Polian to help oversee the league, with former Pittsburgh Steelers safety Troy Polamalu doing the same for the player side of the new venture and former USC star J.K. McKay for the team side. Adding to the league’s growing star power are Hines Ward, Justin Tuck and Dick Ebersol, who are all league advisors.

The league’s financial backing comes from a variety of sources, including former Minnesota Vikings defensive lineman Jared Allen, Billionaire Peter Thiel and the Chernin Group. This stands in contrast to McMahon, who is financing his new XFL through personal wealth. That creates more upside for him personally, but Ebersol is taking a longer view of his new league saying “I think where businesses like this fail is that they expect to have ludicrous and unrealistic ticket and media deal projections in Year 1. Our investors here understand that it’s a 7-10-year plan.”

Significantly, AAF already has a television broadcast deal with CBS, and it claims it also will offer live streaming on a free mobile app. Plus, according to an ESPN report, there will be no TV timeouts, substantially fewer commercials, and mandatory two-point-conversion attempts after every touchdown.

The younger Ebersol hasn’t said much about the AAF’s broader mission beyond a general goal to provide fans and players with a quality on-field performance which, while vague, is better than the position McMahon’s staked out. It’s tough to read the tea leaves on the league’s backers and advisors– Polian presents as an NFL-stooge type; Thiel funded the Hulk Hogan lawsuit that mortally wounded Gawker Media Group; Chernin owns a majority of Barstool Sports and recently upped its stake; and Polamalu, Ward, Tuck, and Allen all seem like fun, personable characters in the former-player role.

The XFL of 2001 may never (and arguably shouldn’t) return, but, sitting here today, I have far greater hope in what the AAF can offer the world of football than I do in McMahon’s soft retread effort.

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Related
Pre/Postmodern football fans rejoice: The SPFL cometh

Sympathy for Josh Rosen

We’re not really into class politics around here, but, in this day and age, one can’t help but ask: did you really make a good tweet if you didn’t thereafter blog that tweet? I don’t know but I’ll give it a shot, if for no other reason than to create an excuse to post some music on a Wednesday.

josh rosen is rich

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Related
DraftJoshAllen.com

Super Bowl LII Preview

[I lied. We do have the resources to produce a preview of Super Bowl LII, and it begins right after this sentence. -ed.]

Well it’s time for the Super Bowl again. Do you like the Super Bowl? It’s ok if you don’t because none of this really matters. Whether the New England Patriots or Philadelphia Eagles win, nothing about the world will really change! There will still be all sorts of good stuff happening, and also all sorts of bad stuff. That’s just kind of the way life works. It’s important to keep perspective, but also to enjoy things like the Super Bowl if that’s something you’re into. Even if you don’t enjoy football it’s fun to go see your friends and hang out! You should always treasure the time you get to spend with your friends and family, even if it’s when you’re doing something like watching the Super Bowl and you don’t really enjoy football. But if you do enjoy football then it’s even better because you get to hang out with your friends AND watch a sport you enjoy.

Anyway there’s going to be football that happens. I am writing this on a phone so there won’t be any fancy tables or anything. The Patriots have Tom Brady who has won more than one Super Bowl (can’t fact check the exact number right now, sorry). They also have Rob Gronkowski aka Gronk. I like how Gronk lives his own life and doesn’t need validation from anyone. I think we could all learn a lot from Gronk about being our best selves and not caring about what other people think of us. But it’s important not to treat alcohol the way Gronk does. Alcohol is best enjoyed in moderation, and you should never let anyone tell you that you need alcohol in order to have a good time. Also Gronk is very big, so what might be an ok amount for him to drink might not be an ok amount for you or me! Anyway those are the two Patriots players I know. Their coach is Bill Belichick and he is always very grumpy, however he is very good at his job. I think he would be a good coworker because even though he’s not very personable he gets stuff done and doesn’t seem like he makes extra work for other people.

On the other side are the Philadelphia Eagles. What I like about Philly is how their fans are very crazy and do all sorts of stunts like driving an ATV up the art museum steps. How fun! I know one Eagles player: Nick Foles. He plays QB but I am like 90% sure that another guy used to play QB for the Eagles earlier this season. I think he got hurt or maybe he’s using his PTO. The Eagles have both an offense and a defense, like the Patriots. I’m not sure if they have special teams because to be honest I have not watched more than five minutes of Eagles football this year and most of that time I was browsing Reddit on my iPad. I don’t know the name of the Eagles coach or whether he is grumpy.

Anyway that’s the rundown on both teams. The line is NE -5 and the over/under is 48. Take the Pats and the under, I say. It’s fun to gamble a bit, but also only in moderation! If you win money you can buy some products from the brands you see advertising during the game. Gotta love brands. Where would we be without them? What’s your favorite brand? Maybe drop us a note in the comments. I really like Brooks, personally. I always buy their shoes!

Final Score: Patriots – 22, Eagles – 5

My favorite piece of Super Bowl trivia

Our resources can’t support a full Super Bowl preview this year. Instead I give you, by way of sports trivia maestro and fellow Pizza Cave Podcast guest Eastside Paulie, my favorite piece of Super Bowl trivia, which I learned from my dad on a trip to Houston.

Get your vote in before six o’clock today, and enjoy the game on Sunday.

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 – 12/15/2017

aslr

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

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

Sports court is in recess.

Waive that flag: Close to the edge/Not right away (NFL 2017 week fourteen penalty update)

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In a time-honored sporting tradition, what started out as a historic trend soon may become merely notable. While NFL officials, through week fourteen, have thrown their penalty flags at a rate that would constitute an all-time* high, that rate has been falling as the season has worn on.

nfl penalty flag data 12-14-17

My note from last week still applies: 2017 now looks quite close to the prior peaks in 2015 and 2014. If things continue as they have this season, 2017 still will be the high-water mark for penalty flags in the NFL, but the week-to-week trend strongly suggests that that is not a reasonable assumption. That trend also lends some support to the idea that abbreviated preseason training leads to worse play early in the regular season.

* The NFL Penalty Tracker has data going back to the 2009 season, but I’m pretty confident that we still are witnessing the all-time high-water mark.

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Previously
Falling into a deep swell? (NFL week thirteen penalty update)
Good news but bad news (NFL week ten penalty update)
Stability of a kind (NFL week nine penalty update)
People are noticing (NFL 2017 week eight penalty update)
Is this still a thing? (NFL 2017 week seven penalty update)

Alberto’s favorite things (NFL 2017 week three penalty update)
NFL week two penalty update (2017)

The NFL returns with zebras on parade

Waive that flag: Falling into a deep swell? (NFL 2017 week thirteen penalty update)

Something that I had expected might be occurring now seems from the updated numbers like it might, in fact, be occurring, which is that my imperfect flag-rate metric is both (a) continuing to fall and (b) now close to falling out of historic* range. Come look for yourself:

nfl penalty flag data 12-5-17

As a season, 2017 now looks quite close to the prior peaks in 2015 and 2014. If things continue as they have this season, 2017 still will be the high-water mark for penalty flags in the NFL, but the week-to-week trend strongly suggests that that is not a reasonable assumption. That trend also lends some support to the idea that abbreviated preseason training leads to worse play early in the regular season.

Obviously it would be interesting to track flag rates for each of these seasons on a chronological weekly basis. A project for the offseason, perhaps. Meanwhile, since the terrible Giants have been in the news recently, an interesting note that only one team (Carolina) has been flagged fewer times than the 2-10 G-Men.

* The NFL Penalty Tracker has data going back to the 2009 season, but I’m pretty confident that we are witnessing the all-time high-water mark.

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Previously
Good news but bad news (NFL week ten penalty update)
Stability of a kind (NFL week nine penalty update)
People are noticing (NFL 2017 week eight penalty update)
Is this still a thing? (NFL 2017 week seven penalty update)

Alberto’s favorite things (NFL 2017 week three penalty update)
NFL week two penalty update (2017)

The NFL returns with zebras on parade

Waive that flag: Good news but bad news (NFL 2017 week ten penalty update)

nfl referee pleading for camera time

The good news on the NFL-watchability front is that the penalty-flag rate is decreasing as the season wears on. The bad news remains that NFL referees still are throwing their flags with historically high frequency.*

nfl penalty flag data 11-16-17

Incorporating last week’s numbers shows that we’re settling into that 9.2 range. With seven weeks of games remaining, there’s plenty of time for the rate to continue to fall, so it remains possible that 2017 will end up closer to historical norms. Without examining week-to-week data from past seasons, I don’t have a sense of whether that’s likely to occur (e.g., if it’s common for officials to call fewer penalties as seasons develop).

* The NFL Penalty Tracker has data going back to the 2009 season, but I’m pretty confident that we are witnessing the all-time high-water mark.

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Previously
Stability of a kind (NFL week nine penalty update)
People are noticing (NFL 2017 week eight penalty update)
Is this still a thing? (NFL 2017 week seven penalty update)

Alberto’s favorite things (NFL 2017 week three penalty update)
NFL week two penalty update (2017)

The NFL returns with zebras on parade