Sports Law Roundup – 9/22/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

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

  • 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.

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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

2015 College Football Playoff: Opening Rankings and Conflict Conflicts

Last night, for the first time in the 2015 season, the College Football Playoff Selection Committee released its rankings. The Committee ranks twenty-five teams, and their top ten teams are shown in the images below.

These initial rankings offer plenty to critique about the Committee’s decisions this week and its process in general. Continue reading

Even a broken clock is right sometimes: Michigan State to #2 in the AP Poll

I have to agree, because the man said what I’ve been saying for a week now: Michigan State looks like the best team in the country at this moment. Both teams in the Oregon-MSU game looked better than anything the SEC had to offer through the first two weeks of the season.

Week three saw the Spartans struggle against Air Force’s triple-option offense, but, one has reason to expect, that data point will have little meaning going forward. Meanwhile, Georgia dominated South Carolina in what easily was the Dawgs’ best game of the year, and Ole Miss made it two straight over Alabama.

The Black Bears’Rebels’ win certainly was exciting, and it’s led some to argue that they deserve the top AP spot. Their sixty-four points per game and undefeated record that includes a win in Tuscaloosa merit a top-tier ranking, but home wins over UT-Martin and Fresno State aren’t terribly revealing.

Terribly revealing? Missouri’s ugly win over UCONN is a strong indication that the two-time SEC East champions are unlikely to defend their consecutive division titles in Atlanta this December. Ohio State had a similarly weak victory over Northern Illinois, but those Huskies are better than the ones from New England, and the Buckeyes’ recent track record suggests they’ll be fine going forward.

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Related
The selfishness of Colin Cowherd’s critique of Dan Patrick
Online sports media critics: When Colin Cowherd starts to make sense, it’s time to reevaluate your approach

College football wrapup: 2014-15

The 2014 college football season is in the books, and Ohio State is the first school to win a national championship determined by a postseason playoff system.

Beyond the usual discussion of champions and coaching legacies (quickly: Urban Meyer– three national championships at two different schools, evil; Nick Saban– four national championships at two different schools, merely soulless), one of the central season-in-review topics of conversation, at least in these parts, is whether the SEC is over. Surprisingly but also not surprisingly, Paul Finebaum, voice of the SEC, answers the question implied in the previous sentence in the affirmative. (UPDATE: PFT Commenter emphatically concurs.) Although he’s been developing his position over the course of his daily radio show since roughly the first of the year, he summed up the general point in his appearance on Keith Olbermann’s show just before the national championship game:

In short: “It was a pretty bad year for the SEC.”

Although I contemplated the notion of Peak SEC at least as early as December 2012 and later pegged the possible date somewhat more recently, I’m not sure I agree that the SEC is over.

The SEC’s bowl record was 7-5. (They were 7-3 last year.) The Pacific Twelve was 6-2 (exclusive of Oregon’s national championship loss), the Big Ten was 5-5 (exclusive of Ohio State’s national championship win), the Big XII was 2-5, and the ACC was 4-7. In other words, among the power five conferences, the SEC had the most teams playing in bowl games and notched the second-best winning percentage.

What seems to concern Finebaum, though, is a sudden lack of championships. That people think the SEC is done for because one of its members hasn’t played for a national championship in a whole year and hasn’t won one in a whole two years is a testament to the never-before-seen degree of dominance the conference produced during the BCS era. Prior to Ohio State’s inaugural CFP championship on Monday, the Big Ten had 1.5 national championships since 1970. The SEC had nine in the BCS era (i.e., since 1998) alone. The ACC had two BCS championships, the ACC had two, the (now-defunct for football purposes) Big East had one, and the then-Pac Ten had one, since vacated.

After the hunt for Mississippi October turned up empty and OSU knocked Alabama out in the semis, the SEC may need to do a little more to earn its seeds next year, but I’m not sure we can say the conference is measurably weaker simply because it failed to produce a national champion this year. If anything, the above suggests the conference is as deep as ever.

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Transitioning toward the offseason and the 2015 season, I’ll use this space to remind everyone that Michigan State’s only losses in 2014 were to Ohio State and Oregon. The Spartans face both teams again in 2015, albeit without the aid of their departed defensive coordinator, Pat Narduzzi. Continue reading

Ohio State claims the first College Football Playoff championship

Following a hot-knife-through-butter opening touchdown drive for the Oregon Ducks in last night’s national championship game, the Ohio State Buckeyes took over the game and never relinquished control. OSU running back Ezekiel Elliott averaged 6.8 yards per carry, and it felt like more than that in the second half, when Ohio State called the same counter run play seemingly on every down and repeatedly executed it successfully. Elliott was so hungry for more yards that he tried to eat confetti after the game.

After that initial Oregon drive, the Buckeye defense, lead by coordinator and former OSU head coach Luke Fickell, found the answer, though, and Oregon’s bucket of tricks soon ran dry. Even in the second half, when Oregon’s defense produced a couple of turnovers, Marcus Mariota and the offense couldn’t make any progress.

Oregon accumulated its twenty points with two touchdowns, that opening-drive score and a one-play, seventy-yard TD pass early in the third quarter, and two field goals. Those two field goals, along with a white-flag punt with eight minutes to go in the fourth quarter, felt uncharacteristic of a school that, in recent years, lead the charge of pedal-to-the-metal offense.

In the end, Ohio State ended up knocking off Oregon by nearly as wide a margin– 42-20– as the one by which Oregon defeated Florida State in the semifinal round.   Continue reading

College Football Playoff Championship Preview

Oregon meets Ohio State tonight in the inaugural College Football Playoff finale, and I’m most excited about the ESPN Megacast, which, in addition to the above, includes an ESPN Radio play-by-play broadcast as well. ESPN gets knocked around plenty for doing things like bowing to the will of “partners” like the NFL at the expense of its own journalistic integrity or hosting a platform for grey-matter destroyers like Skip Bayless, Stephen A. Smith, and Colin Cowherd, but there are times when they leverage their resources to make significant improvements to the fan experience. ESPN introduced the Megacast concept for the final BCS championship game one year ago, and it was such a success that it’s back again this year, bigger and better than ever. In the interim period, other networks have experimented with the concept, loosely defined, in other sports, and I believe this is the way we will enjoy all major sporting events in the near future.

(If at this point you are wondering what ESPN Goal Line is, it appears to be a Briagdoon-like offering that will materialize on your TV sometime today, maybe. Anyway, you can find me tuning into ESPN Classic’s “sounds of the game.”)

Game Comments

As Sports Illustrated graphically illustrated in this week’s issue, Ohio State and Oregon actually were quite close to each other this year in statistical terms. Initially, there are two reasons to question that apparent parity, however: 1) Oregon plays in the stronger Pacific Twelve conference, while OSU spent much of the season feasting on relatively weaker conference opponents, and 2) Ohio State earned much of its production with quarterbacks not named and thought to be superior to Cardale Jones, the man who will be under center for the Buckeyes tonight. It is right to regard Oregon as the better team in this matchup.

There are a number of factors that cut against Oregon’s edge, however:   Continue reading

The BCS is dead they say: Long live the BCS

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When the BCS died a year ago, I wrote an introduction to the College Football Playoff that, in essence, contended that we were going to miss the BCS:

With the College Football Playoff ©, we will have one thing we asked for and one thing we did not. A semifinal playoff round will precede, and determine the participants in, the national championship game. That is good, and it was a structural shortcoming of the BCS. For some reason, though, the College Football Playoff © scrapped the BCS’s rankings system in favor of a Byzantine (Soviet? Orwellian?) black box: the PolitburoSelection Committee.

Participating in the BCS is like paying your income taxes: there’s a lot of math and fine print involved, you probably can’t quite find all of the information you need to calculate the precisely correct result, and there’s that guy down the block who hollers that the thing’s unconstitutional, but you generally have a pretty good idea of your expected outcome.

On the other hand, the new playoff’s Selection Committee recalls the Supreme Court: members deliberate behind closed doors, apply any criteria of their choosing in reaching decisions, and announce those decisions under their own terms.

On Sunday, the Selection Committee spoke for the last time in its inaugural season to announce the four playoff participants: Alabama, Oregon, Florida State, and Ohio State. Two days later, everyone outside of Texas generally seems to agree that this is the right result.

The only reason the results were or remain controversial has to do with what the Selection Committee did prior to Sunday. Their flipping and flopping of TCU, with seemingly connected treatments of Baylor and Minnesota, was the genesis of the confusion, surprise, and, in Fort Worth and Waco, disappointment, that arrived with the final playoff announcement. On one hand, those confused, surprised, and disappointed feelings were unwarranted: the Committee reached the correct result. On the other hand, however, they were unnecessary and likely would not have arisen absent the lack of transparency that now characterizes the college football ranking process.

If the BCS could speak from the grave, what would it say about the CFP Selection Committee’s final result? The answer, Continue reading

Book Review: Paul Finebaum’s Conference has Beaten Your Conference (Probably)

IMG-20140814-00138For someone who spends twenty hours a week on national airwaves as the host of an eponymous radio show, now simulcast on cable television, and makes regular television appearances on a major network, Paul Finebaum sure does manage to keep himself hidden.

I am not a longtime listener of Finebaum’s show by any means. I first remember hearing about him when I moved back to SEC country during the 2012 football season and he was still broadcasting on Birmingham’s WJOX. Due largely to my own preconceived misconceptions, I was surprised when I first heard the show following its move to ESPN Radio in 2013 to find that it was an extremely caller-driven show, to the point where Finebaum rarely asserted his own voice for purposes other than briefly sparring with or otherwise egging on his admittedly bombastic callers. At that time, the majority of those callers remained Alabama-based, and the Alabama-Auburn football rivalry served as nearly every item on the host’s go-to menu.

While a lot of this struck me as fairly standard cheap talk radio tactics, I remained intrigued by this person, who had risen to such prominence and reported influence, despite, I thought, hardly taking active steps to exert much in the way of influence. I therefore read the then-recent and still-surprising long feature on Finebaum in The New Yorker with great interest and anticipation. I found the piece to be more an introduction for Manhattanites to the other SEC and its attendant culture than a deep dive on Finebaum himself. Finebaum as access point, rather than Finebaum as subject. (A long Deadspin feature from the same year had a similar effect.) It’s a worthwhile read if you like college football. Still, I did not feel like I knew or understood this man, though, or why he was so widely regarded.

Fast forward (the lazy blogger wrote) to August 14, 2014. The SEC Network, an ESPN entity, launches (on Tim Tebow’s birthday, naturally), and Finebaum’s book, My Conference Can Beat Your Conference: Why the SEC Still Rules College Football, arrived in my mailbox.

Continue reading