Waive that flag: Is this still a thing? (NFL 2017 week seven penalty update)

The only thing tougher to keep up with than this penalty-induced stop-and-start NFL season appears to be this series tracking those penalties. After a couple weeks off, it’s time to find out whether (mixed metaphor warning) 2017’s historic* penalty trend is continuing or flagging.

nfl penalty flag data 10-26-17Although the flag rate this season is falling, it continues to be higher than ever. With penalties trending up and viewership ratings trending down, one continues to wonder when the NFL will get the memo and let the players play.

 

* The NFL Penalty Tracker has data going back to the 2009 season.

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Previously
Waive that flag: Alberto’s favorite things (NFL 2017 week three penalty update)
Waive that flag: NFL week two penalty update (2017)

Waive that flag: The NFL returns with zebras on parade

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Sports Law Roundup – 12/16/2016

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:

  • NBA CBA: Like baseball, the NBA has a new collective-bargaining agreement. Full details are not yet public, but it appears there will be salary cap and luxury tax changes, as well as an increase– from thirteen to fourteen– in the number of guaranteed roster spots for each team. The league also has agreed to shorten the preseason and expand the calendar length of the regular season without increasing the number of regular season games. One aspect that will not change is the manner in which the players and owners divide basketball-related income. The players conceded roughly seven percent (approximately from 57% to 50%) during the last lockout in 2011.
  • NFL concussion settlement: Earlier this year, the NFL settled a class-action lawsuit brought by former players seeking compensation for ongoing problems related to head injuries suffered during their professional football careers by agreeing to provide a fund to compensate former players for the next sixty-five years. The U.S. Court of Appeals for the Third Circuit affirmed the settlement, but a small subset of the class members– approximately thirty of 22,000– were dissatisfied with the settlement, believing it was underinclusive because it did not provide relief for former players who develop CTE, the disease found in people who suffer from repeated brain trauma that, at this time, is not detectable while the player is alive. Seeking further review of the settlement, these plaintiffs petitioned the Supreme Court. On Monday, the Court declined to grant their petition, leaving in place the Third Circuit’s ruling. It is unclear whether these objecting plaintiffs have any further recourse, though they likely are watching the new lawsuit highlighted in this space last month that specifically addresses CTE.
  • Student-athlete classification: As discussed here last week, 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. Now, those students plan to request en banc review, meaning that they will ask the full panel of Seventh Circuit judges to reconsider the decision. (Federal circuit courts typically hear cases in three-judge panels, even though more than three judges make up each of the federal circuit courts. Aside from an appeal to the Supreme Court, which may not even be accepted, the only way to reverse a circuit court ruling is to ask the full court to do so.) The plaintiffs contend that the amateur aspect of collegiate athletics the ruling noted is not pertinent to an FLSA analysis, and that the Seventh Circuit’s decision “conflicts with decisions in this and other circuits on employee status.”
  • Raiders stadium: In an apparent attempt to keep the Raiders from moving to Los Angeles or Las Vegas, the Alameda County Board of Supervisors voted to support the building of a new football stadium in Oakland that– unlike the new basketball arena being built for the NBA’s Warriors that will relocate them from Oakland to San Francisco–  would be funded, in significant part, with public money. The Board’s vote does not guarantee that the Raiders will stay in Oakland.
  • Rams fans: St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles now have requested class-action status. The plaintiffs are seeking a variety of forms of relief, including reimbursement for tickets and concessions. A judge already has ruled that some of the plaintiffs who want the team to continue to honor the licenses by allowing the St. Louis fans to purchase season tickets at the team’s new home in L.A. are entitled to do so.
  • NFL broadcasting: The plaintiffs in an antitrust lawsuit targeting NFL Sunday Ticket, the product of the exclusive agreement between the NFL and DirecTV for the television broadcasting of out-of-market NFL games, won an apparently significant victory when Fox and CBS agreed to produce documents evidencing their own Sunday-Ticket-related agreements with the league and DirecTV in connection with a judge’s discovery order. The NFL contends that the plaintiffs have failed to allege an antitrust violation because the NFL can decide how to broadcast its games, and the Sunday Ticket package represents an addition to viewers’ existing options (i.e., the one or two games available each Sunday afternoon on Fox and CBS, plus the national Thursday/Sunday night/Monday night broadcasts) rather than a restriction.
  • Secondary ticket market: The President has signed the BOTS Act, a bill that expands the authority of the Federal Trade Commission to regulate the online secondary market for event tickets. The new law seeks to prohibit “ticket bots and other online tools that deliberately circumvent security protocols limiting or restricting online ticket purchases.” Here’s hoping this law will provide a more meaningful benefit to sports fans than the NFL’s practically meaningless agreement to end its league-wide imposition of a price floor on game tickets sold on the secondary market.
  • Formula One acquisition: Liberty Media, the company that owns the Atlanta Braves, will acquire auto-racing series Formula One for $4.4 billion. According to a reputable source, F1 cars are the fastest in the world among road-course racing cars.
  • MLB CBA: I wrote about the new CBA in this space after the league and players union reached their agreement on November 30. Now we have more information about the particularities of the agreement, and this analysis provides a helpful overview. We also learned that the Tampa Bay Rays were the only team to vote against approving the agreement. In a public statement, the Rays’ general managing partner made reference to an “opportunity [that] was missed” to “address the extraordinary and widening competitive gap that exists on-field between higher and lower revenue clubs.”

Sports court is in recess.

Tuesday Afternoon Inside Linebacker

tail3ALDLAND’s weekly football review returns after an infamous fall wedding weekend. Bear with us as we attempt to piece together the happenings of the last few days.

College Football

Pregame:

  • After the Game of the Century of the Season of the Week last week in College Station, everybody predicted a scheduling letdown this week. Sports predictions have become (always were?) completely useless and devoid of meaning, but once in a while, the wisdom of the crowd gets it right. Throwing out expired food? No, actually. A soft slate of week-four matchups? For the most part, yes.

The games — That 70s Show:

  • Clemson opened the week of play by getting punchy on Thursday night in a closer-than-it-should-have-been win over North Carolina State. So far as I can tell, the Tigers have played only fellow Carolinians to this point in the season. A check of their schedule confirms this, and the trend will continue this weekend. (EDIT: Except for that little game against UGA in week one.) Clemson 26, North Carolina State 14.
  • A number of teams posted gaudy scores and spreads. Since they already had their fun, they’re all getting grouped in this one paragraph. Ohio State 76, FAMU 0. Louisville 72, FIU 0. Miami 77, Savannah State 7. Washington 56, Idaho State 0. Baylor 70, Louisiana-Monroe 7 (that one’s actually a little surprising). Florida State 54, Bethune-Cook 6. Wisconsin 41, Purdue 10. UCLA 59, New Mexico State 13. Texas A&M 42, SMU 13. And others.

UPDATE: The on-field Notre Dame football hoax you didn’t know about

evil on the internet - attack of the machinesNo, not that one, although there is a loose connection. One of the names that came up from time to time in the media’s coverage of Manti Te’o this season was that of Tim Brown. As Te’o became an increasingly serious (or unserious, depending on what you believe right now) Heisman contender, Brown’s name got kicked around because Brown was the last Notre Dame player to win the Heisman trophy, which he did during the 1987 season.

Te’o didn’t win though, and amidst the post-national championship game kerfuffle that has surrounded Te’o and Notre Dame, and in the leadup to Super Bowl XLVII, Brown thought it was a good time to reassert himself in the national sports discussion.

Now, he’s front-and-center, with a thinly veiled accusation that the Oakland Raiders threw Super Bowl XXXVII. Brown said that the Raiders’ coach, Bill Callahan, “sabotage[d]” his team by changing their offensive scheme two days before the game. Why? Callahan “had a big problem with the Raiders, . . . hated the Raiders.” That’s nothing new. Why else? Callahan wanted his “good friend[]”– opposing coach John Gruden– a Super Bowl win.

Well. Rather than make a Jon Gruden joke, I’ll just ask why nobody’s checking to see whether Les Miles is on the Bill Callahan coaching tree.

UPDATE: This isn’t just a Notre Dame thing. Brown’s teammate on that Raiders team, Jerry Rice, also spoke out in support of Brown’s assertion, and, if anything, he was less equivocal than Brown.   Continue reading

Midseason Monday

We’re into the meat of the 2012 football season with heavy games for most teams from here on out. It’s also the time when teams’ reputations for the year become solidified. One such team is Auburn, which fell to 1-6 on the season, 0-5 in conference with a 17-13 loss to Vanderbilt in Nashville. Four years ago, I watched these teams play under the lights in the same stadium. In 2008, Auburn was 5-0 and highly ranked, but the game outcome was the same. This year’s win over the TIgers/Plainsmen/Eagles won’t do as much for the Commodores’ strength of schedule, but it does push them to 2-3 in the conference, and it’s an important win to kick off the second half of a schedule that should be easier than the first.

While Vanderbilt took a necessary step in the positive direction Saturday, Michigan State took another step toward a lost season with a 12-10 loss to Michigan in Ann Arbor. More on that game later in the week. Back to the SEC for a moment, where the Eastern division is one of the most power concentrated and confusing divisions in the nation. Florida swamped South Carolina, 44-11, to go to 7-0 (6-0), while Georgia escaped Lexington with a 29-24 win over Kentucky. If Florida’s going to lose a game this year, it will be next week when they host Georgia, because the rest of their schedule is soft cake (Missouri, Louisiana-Lafayette, Jacksonville State, and Florida State). In the SEC West, LSU and Texas A&M renewed their rivalry in a compelling game featuring early Aggie control and a Tiger comeback win.

Elsewhere in the top 25, Alabama and Oregon rolled. Two quick notes on Oregon: 1) I’m worried that Florida’s #2 rating in the first BCS, together with their easy finishing schedule, will mean that we don’t get to see Alabama and Oregon in the national championship game, a matchup that feels very compelling and intriguing; and 2) the ALDLAND staff is still waiting on it’s autographed Oregon cheerleader calendar. Jog back to the SEC West, where Mississippi State is the most unheralded undefeated team in the country. After beating MTSU Saturday, though, they’re unlikely to stay that way, finishing with Alabama, Texas A&M, LSU, Arkansas, and Ole Miss. Of course, nothing is more perennially unheralded than the Starkville Dogs, and that schedule only has something to do with it. Most of the rest of the top 25 won, including Clemson, Oregon State, and Stanford in important conference games. The upstart Texas Tech Red Raiders survived in triple overtime to beat TCU, and the very impressive Kansas State beat West Virginia in Morgantown 55-14 in a game in which I’d only somewhat jokingly predicted WVU would score 100 after being embarrassed the week before. Dana Holgorson’s air raid offense appears to be out of jet fuel.

On Sunday, the Vikings continue to mount an increasingly compelling challenge to those who would dismiss them by going to 5-2 with a win over flash in the pan Arizona. RGIII continues to impress despite another close loss, this week to the Giants. The Saints doubled their win total by beating Tampa Bay, and the Raiders came back to beat the ailing Jaguars, who lost Maurice Jones-Drew and Blaine Gabbert, sending out the bat signal for David Garrard (I hope). The Patriots beat the Jets in overtime, although VSL’s Bobby O’Shea, a noted Jets fan, thinks that something is wrong in New England, and I’m inclined to agree. Whether it was the defensive injuries Baltimore suffered last week or Houston’s push to come back from a loss, the Texans returned to 2012 form with a 43-13 win over the Ravens.

In baseball, the World Series is nearly set. The Tigers are in(!), and the Cardinals and Giants are playing a game seven right now, which the Giants are winning 7-0 in the fourth. In other current news, Ndamukong Suh just separated Jay Cutler’s neck from the rest of his body. Bears 10, Lions 0 in the first half.

Abstinence education in Oakland

No, this has nothing to do with this video. Lost in the general, blind excitement over the NFL’s season starting on time, more or less as it would have without the dispute between the players and owners, was the approach taken by the Oakland Raiders’ management during the final, critical vote to approve the new deal with the players that would allow the league to resume operations.

Rather than vote to approve the plan, or even to vote against it, the Raiders decided to abstain. As covered in the exclusive report by Comcast SportsNet, Amy Trask, CEO of the Raiders, “explained the abstention thusly”:

We have profound philosophical differences on a number of issues — both of a football and economic nature. We have consistently expressed our views on these matters to the league.

Even though I am disappointed that it was Trask, and not owner Al Davis, who provided the explanation of the team’s position, I like the Raiders taking a principled stance here for no other reason that they’re the Raiders. (It also reminded me of two-time Oakland head coach Art Shell’s principled stance against any form of clock management.) Along with the rest of the league, and whether they want it or not, or if they even know what they want anymore, Da Raidas are back.