Targeting, Helmet-to-helmet and Vontez Burfict.              Targeting is bad.  Taking cheap shots at players heads is bad.  Failing to control your aggression and causing potentially life-changing injuries is something both the NCAA and NFL need to prevent.  But the trouble comes about when they penalize a result or a repeat offender way beyond the actual offense.   You will be hard pressed to find someone to defend Vontez Burfict’s typical behavior and on-field aggression.  He has served multiple suspensions and most of them are well deserved. Suspending him for the remainder of the year for a hit that occurred within the scope of the play seems excessive even given the escaxlating punishments. But his reputation has a major impact here.  Here is a link to Burfict’s hit.   For comparison, take a look at this hit on Green Bay Packer Running Back Jamaal Williams by Eagles’ Derek Barnett.  The hit on Williams was FAR later in the play and completely unnecessary to bring Williams down.  It is hard to understand how the NFL can look at that play and not believe he should have been tossed from the game and suspended. To my eyes, the hit on Williams was much more of the hit you are trying to eliminate, especially since it is not really in the scope of the play.

One of the things that has always mystified me on the concussion front is how the NFLPA has been virtually ignored.  As the entity charged with representing the players and protecting their health and safety, the NFLPA has essentially been given a free pass on the issue.

Currently, there are lawsuits pending against the NFL, Pop Warner, the NCAA and many other entities.  The basic allegations in each complaint rely on the fact that the sponsoring organization had a duty to the athletes and failed to protect them, and in many cases, hid the dangers of concussions away from them.

The NFL in particular has been accused of downplaying the dangers of concussions and using a committee of highly unqualified individuals to make the decisions for the league.  The problem the league faces is that, until recently, their actions are quite clearly against the weight of medical science.  Their Head, Neck and Spine committee consisted of people who were not neurologists and did not have the credentials to advise on these issues, much less lead the way.

But the question I don’t see anyone asking is Where was the NFLPA while this fiasco was going on.”  It is reasonable to be in the camp of believing that the NFL acted inappropriately and that the league hid dangers and used unqualified people to distort the research (or at minimum, minimize the impact of the research).  Yet I see no groups taking on the NFLPA or even questioning where their leadership was while the concussion crisis started to take shape. 

The group in the best position to take on the powerhouse of the NFL is the NFLPA.  The players alone have little power.  The agents have virtually no power on these issues. Long time agent Leigh Steinberg has said that he was presenting concussion issues to the league in the early 1990’s with no success.

So while the NFLPA may not have been in a position to take the lead role, surely it had the obligation and the right to question how the NFL examined this issue. It seems to me that this was a failure of leadership on the part of the NFLPA and the NFLPA may have been more concerned with other financial issues for the players and with long term health benefits, both worthwhile causes.  You may read this and say, hey, Roy Kessel, who are you to question the NFLPA.  Having been certified as an NFL Contract Advisor (i.e. agent), and having attended numerous NFLPA seminars, Sports Lawyers Association Seminars and having taught at Northwestern, this is an issue that I have examined on many occasions.

While I agree that the NFLPA should not have primary liability on this issue, I do not see how the media has failed to question the union as it relates to their actions.  I have asked this question to former players, media members and even many involved in the concussion” industry.  I am still waiting for an answer.  If you have one, I would love to hear it below.

Overall I felt that the movie did a pretty good job of highlighting some of the most severe examples of what could happen as a result of ongoing head trauma and potentially as a result of CTE.  Obviously, I am too close to the issue and not really part of the “target market” so maybe my expectations are a bit off.

I am not sure that the movie needed the love story element with Omalu but it seemed that they wanted to use that as a way to tie the story together and humanize Omalu a bit more.  I give incredible praise to Omalu for being willing to stand up to the NFL and the football establishment and fight on this issue.  His work laid the foundation for the great increase in concussion awareness over the past 5 years.  Despite being right and despite his success, he was demonized by many and I am not sure that the depth of the attacks on him was portrayed in the movie.

I think the movie missed a few big opportunities:

First, for most people that have not been around this discussion, stating that a concussion occurs at “60 Gs of force” is far too abstract.  They would have been better served to put in a few small clips from hits that were estimated at 60 Gs and then show them in comparison to clips that were part of the “Jacked Up” segment, all of which are probably well over 100 Gs of force.  I think most people would be surprised by how “minor” a 60 G hit looks in comparison to what they are expecting

Second, they took the extreme cases of Mike Webster, Terry Long and Justin S. (I am not even going to try to spell that name here without Google).  It is likely that all 3 of those players suffered significantly due to the head trauma and they did find evidence of CTE.  But those are hardly clean comparisons because that was also the midst of the steroid era and the potential of steroid rage and other drug implications is significant.  The movie conveniently ignored all of that as it focused just on the CTE issues (which should not be minimized, nor should you read this paragraph to mean that they are not significant contributing factors to their mental states).

Third, I think that the failure to compare the current state of concussion management and the way players are being handled post concussion now was disappointing.  It leaves the viewer with the impression that anyone playing football WILL SUFFER the horrendous effects that were highlighted in the movie.  Though people have mocked Roger Goodell saying the game is safer than it has ever been, that is probably true.  Players are removed after concussions and monitored closely.  Players who now miss 3-4 games would have been put right back on the field.  The number of hits players suffer in practice is significantly reduced starting from youth football to high school to college and to the NFL (or other pro league).  The cumulative effect of reduced hitting in practice means thousands of hits fewer for any of today’s players.

Finally, most notably, the party who is tasked with the primary responsibility for protecting the interests of the players gets off without any mention.  The NFLPA is the group that should bear MUCH MORE of the anger and frustration from the players than the NFL. The NFLPA has the resources and interest to fight back and question what is going on with the NFL. It never did.  I think it will go down as one of the great failures of Gene Upshaw, former Executive Director of the NFLPA.  I am not sure how the NFLPA has stayed out of the limelight so long, but it also came out with little criticism in PBS Frontline’s “League of Denial”.  If you haven’t watched that and are interest in this topic, it has much more details.

A few other observations:

1. Joseph Maroon comes across as arrogant and fighting against the science.  My favorite was the line of Omalu when he said that “history will laught at those that deny” and “tell the truth”.

2. Elliott Pelman, who chaired the NFL committee on the traumatic brain injuries for many years was a Rhumatologist. This was rightly pointed out in the movie but this movie did not highlight many of his other outrageious statements and proclamations in the offical reports that were issued.

3. Julian Bailes continues to be heavily involved in concussion related matters.  My favorite line of his was when he told Omalu “You are in trouble, but you are not wrong.”

4. The NFL deserves plenty of criticism for not picking up this issue earlier, and certainly for trying to mask findings that had the potential to hurt the game.  The NFL also certainly deserves flack for trying to bury the issue at the conference and presentation and prevent Omalu from presenting his findings. What everyone needs to remember, however, is that NOBODY ELSE was taking any different action either.  The NHL, MLB, the general medical community etc. were all way behind the times.  In fact, if you look at it, the NFL has actually been at the forefront of dealing with this issue (as it is in many health related issues such as drugs, PEDs, etc).  The general medical community still seems to be well behind the sports community in dealing with concussion issues.

5. Dave Duerson came out looking very bad in the movie.  The movie did not really give any background on him but having met him and had some other interactions, there are several important facts that were omitted.  First, he was removed from Notre Dame’s Board of Trustees because of a domestic violence charge which occurred while he was in South Bend for a trustees meeting.  He was on many other board, belonged to Medinah Country Club and was struggling to uphold his image.  He had a business that ran into significant financial difficulties and he was being investigated and sued on many levels relating to the collapse of his primary business (a meat packing plant that had contracts with McDonalds).  Again, not to minimize the impact that CTE may have had on him or his behavior (or business dealings), but these other issues could have been significant in his decision to take his own life.  Sadly, I had the opportunity to present at an event sponsored by an organization run by one of his closest friends. This friend was the first person to get to the body and cleaned up before the family got there. I got to see the actual photos he took of the bed, blood soaked sheets and the room.

6. Ira Casson, another one of the medical professionals on the NFL’s committees looked utterly ignorant with his blanket proclamations that there was no link to concussions or head trauma.

7. Junior Seau was anothe player that had tried to commit suicide on a few other occasions, before he was successful.

8. Omalu’s boss who was indicted is also a good reminder of the federal government that can choose to indict almost anyone for almost anything if you have any dealings with federal agencies or funding.  I don’t know the whole story in that case but would be interested to read more if anyone has the details.

There are still a lot of unanswered questions, many of which cannot be answered until we can identify CTE in living people.  I will make a list of these questions for next time.

Here are the stories that we have identified as the biggest stories in 2011 that incorporated elements of Sports Law into their midst.

1. Penn State
2. Ohio State
3. Syracuse
4. NFL CBA
5. NBA CBA
6. Chris Paul trade
7. Sam Hurd drug bust
8. FIFA corruption
9. Concussions
10. Agent regulations
11. Conference realignment
12. ***Explanation for why NO TIM TEBOW

So now if you want the details, you have to follow along below:

1. Penn State

Where do we even start with this process?  The entire conspiracy and cover up at Penn State is beyond belief.   Despite the objections of supporters of the school and supporters of Coach Paterno, there is no feasible way that this situation should not have received much more attention and awareness prior to 2011. 

The incidents were clearly known in 1998 when Sandusky was essentially forced” to take an early retirement.  There is no other explanation for that occurrence.  And yet Sandusky was allowed to continue to have a presence on campus and obviously continue inflicting unspeakable terrors on those young boys.  Even when the incident of 2002 occurred, the university and its administration did virtually nothing.  While everyone chooses to bash Mike McQueary, and while he may deserve some of the wrath and anger, his failures” pale in comparison to those of Spanier, Curley, Schultz and Paterno.  They can choose to classify this situation however they want to, but the reality is that their decisions in 1998 and 2002 allowed at least a dozen more incidents to occur.

Should Mike McQueary have taken greater steps to prevent the 2002 incident.  Perhaps.  But none of us know how we would react despite our instinctual response of saying of course we would have intervened, stopped the incident and called the police immediately.”  When your boss and/or supervisor are doing inappropriate things it is very difficult to even report it up the chain.  McQueary did that.  Much more of the blame belongs to Spanier, Curley, Schultz and Paterno.

And while the media blasts Penn State for the cover up of the activities, you have to wonder where the coverage of the incidents was in 1998 and 2002.  And even more egregious, why was it so late in the year when these incidents came to light.  One of the best reporting jobs in 2011 was by Sara Ganim (@sganim).  Her coverage was there for everyone to see in APRIL!!!  YES APRIL!!! How did the stories she wrote go unnoticed for so long by the mainstream media?  She provided great coverage throughout and was one of the first people with most of the elements of the story as it unfolded.

Where does Penn State go from here?  They were probably wise in laying low in the coaching search until after the bowl season is completed so that it does not become a major distraction for the team.  That strategy also helps keep it out of the limelight of bowl week when college football dominates the landscape.  By the time PSU makes its hire, the college football calendar is essentially over and everything will be dominated by the NFL playoffs and the NFL Draft preparation season (Senior Bowl (and other All-Star games), National Signing Day and the NFL Combine.

Can PSU recover?  Absolutely.  A few people made terrible decisions that allowed this situation to continue way long than necessary.   But the school remains.  Its pride and heritage remain (though tarnished).  With a good hire PSU will be back as a major force in football in just a few years.  So in an absurd turn of events, those fans looking for new leadership and an end to the Paterno era got their wish, though certainly not in the manner they desired.

• Ohio State

If Penn State was the pure evil” in college athletics, Ohio State was the mischievous younger sibling that feels like they can get away with anything.  You heard me rip apart the decision last year to allow all of the OSU players to participate in the Sugar Bowl before starting their suspensions.  It was absurd.  And the degree of absurdity was not really discovered until we had hard facts and evidence showing just how early Jim Tressel knew about the problems.  

Ohio State has frequently acted with the sense of entitlement throughout its program.  The attacks on the Little Sisters of the Poor and the annoying introductions of THE Ohio State University.”   And its athletic department continued to show the same arrogance as it expected the NCAA to roll over and let its weak, self-imposed penalties stand for its actions.

Nobody can compare what happened at OSU to the despicable conduct at PSU, but the great lack of institutional control is one that needed to change.  So now, from this day forward, it will be known as A state of Ohio university.”

• Syracuse

Oy, aren’t we tired of scandals yet?  The long time frame in which Bernie Fine remained in his position is far less surprising than what happened at Penn State because there have been no allegations that Fine used University facilities to accomplish his actions.  There may have been some involvement and connection to the program, but there have not been credible claims to date that anyone else at Syracuse knew what was going on.  The early statements by Jim Boeheim may be the ones that cause the school the most damage.  We still have a long way to go to hear all of the details of this situation so you can expect it to remain at the forefront of the news for 2012.

• NFL CBA

It was only” 136 days, but the impact of the NFL labor dispute received almost round the clock coverage.  From the lockouts to the lawsuits, to the appeals to the procedural manipulations engaged in by both parties it was an interesting battle.  But it was also a battle that could not be won by either side without a negotiated resolution.  All parties were poised to lose too much money.  While the grandstanding and media ploys of each side played out, the public grew increasingly agitated with BOTH sides.  Support was sharply divided and there were many good arguments made by both the NFL and the NFLPA.   Players sacrificing their bodies for short careers and long term damage and owners who have invested billions of dollars in team ownership, operations and infrastructure.  Despite the legal maneuvers of each party, you could tell that each side was entrenched in its core beliefs and until they were both threatened with losing real dollars, neither would budge.  Ultimately Robert Kraft probably saved the day and essentially went in like a business person, took some of the control away from the lawyers, and helped pushed through an agreement that appears to be more positively constructed for the long term than the prior deal that was opted out of by the owners.  Labor peace for 10 years.  Now if only they would allow cable systems and smart phones to get the Sunday Ticket without needing to be a DirecTV subscriber we would all be set.

• NBA CBA

The NBA lockout received FAR less attention from the media than the NFL lockout did.  In part there was much more going on in the sports landscape with MLB post-season, college and NFL football underway and the NHL continuing to grow in popularity.  As with most labor disputes, nothing seems to get done proactively.  It typically takes significant losses or collateral damage before the parties are willing to give concessions over the last few points of contention.  For the NBA, this amounted to the split of the revenues.  So with the season pushed back and the Chris Paul fiasco over (see below), the NBA appears poised for a strong season with interest heightened by the fact that there will be a condensed schedule which will make each game more meaningful in the playoff race.

• Chris Paul trade

Can you say conflict of interest?”  I knew that you could.  But apparently it is a concept that the NBA is not clear about.  High on everyone’s list of problems in the NBA is the fact that no league should own a team.  Who is the league really representing?  The existing franchise?  The fans?  The future owner?  The value of the franchise?  The current community in which the team exists?  Depending on how you answer those questions you will see that there is an enormously large discrepancy in what actions need to be taken and the prioritization of those actions.  Voiding the Chris Paul trade was something that the league did purportedly to protect the value of the franchise.  Was it Dan Gilbert’s public admonishment? Was it prospective owners getting unhappy? The reality is that Chris Paul was going to be leaving at the end of the season regardless of anything that the league did.  So the question begging to be asked is Was it better for the franchise to get something in return instead of nothing after the season.”  There is obviously no right or wrong answer to that question, it is one that each owner (or ownership group) has to answer for itself.  Putting the league in the position of deciding what media market to send one of its biggest starts to smacks of self-dealing.

• Sam Hurd drug bust

How scared are any NFL players that were getting their drugs from Sam Hurd?  Hurd was not merely dealing a small quantity of drugs to a few close friends and/or acquaintances, he was preparing to establish and operate a drug empire of the scale that has never been seen within professional sports, especially by an active player.  Nate Newton’s infamous arrest with enormous amounts of marijuana occurred after his playing days were over.

If you did not follow the details closely, go back and read through the links in this posting which outline the magnitude of the drugs Hurd was seeking to purchase.  There is little doubt that he was supplying to other NFL players but those merely buying and using the drugs will not face great punishment.  The question is whether any other NFL players were working with Hurd or working under Hurd to establish their own distribution schemes.

• FIFA corruption

One thing that you have to give FIFA credit for is doing something that no other organization has ever been able to accomplish—Making Chicago politics look clean and efficient.

Has there ever been a more corrupt organization from top to bottom?  The only question that remains about FIFA is whether it should even exist.   It certainly has an important role in world soccer and there is undoubtedly the need to have an organization to provide the function. 

But if you analyze what FIFA has done and how it has done it, you are likely to reach the conclusion that the entire organization is TOO broken to be fixed.  At a certain point if you have a money pit of a building you are better off knocking the whole thing down and building from scratch.  Is there really any way to salvage FIFA from a structure that has layers of corruption built upon other layers of corruption which are obscuring more corruption which is undetectable from the surface because you cannot get past the first 3 layers of corruption.

Go and look at the number of high ranking FIFA officials brought into question.  Look at the voting process involved in awarding the 2018 and 2022 World Cups.  Look at the way in which any of these things came about.  I dare you to find any shreds of integrity.

• Concussions

How many concussion lawsuits have we seen?  The number rises every single week.  By some accounts, the number of suits filed against the various entities is already in double digits. Every player (and many of their lawyers) are trying to get their piece of the concussion lawsuit pie just like the large class action firms try to sign up Plaintiff’s in the mass tort litigation space.

The sad part is that we seem to be having a fundamental failure in the approach to concussions. Virtually all of the time and energy is spent on just 2 of the 3 elements:

• Preventing concussions
• Diagnosis
• Treatment and Recovery.

The third element is virtually ignored.  The only recovery anyone talks about is how quickly can we get someone back on the field/court/ice.  But the long term impacts have been almost entirely ignored and there are very few groups working to develop a process that can allow athletes and former athletes to overcome some of the effects of concussions.

1. Agent regulations

Do I have to repeat myself year after year?  You can read my article from the preview for 2011 and you will see that the core issues have not changed.  Is anything going to be done? Soon? 

Earlier this year I made a plea for National Regulations.  Not on top of the other regulations, but instead.

The timing seems right and I would have been more optimistic about where this was going before all of the sexual abuse scandals broke.  Deservedly they have received more of the attention and the powers that be are scrambling to find ways to not only prevent it from happening in the future but figuring out how to handle the next inevitable scandal that breaks, hopefully not from their institution or organization.

1. Conference realignment

Are we done? Doubtful.  Have we reached the saturation point?  Maybe.  When all heck seemed ready to break loose and turn into four 16 team power conferences, the process got bogged down in TV deals, rivalries and often a desire of certain key players (Texas and Oklahoma) to stay together and try to keep their power spots.  Would UT and OU have the same clout if they joined the Pac 12, SEC or Big Ten? Nope.  And therefore the Longhorn Network was born.  But with Boise going out to the Big East and with TCU going east, then not going or were they going?  Can you really keep track of where everyone is these days?  Just a few short years ago any college football fan could easily tell you what conference the Top 100 schools were in.  Today, that is a far more challenging task.  

1. NO Tim Tebow???

Before I get bashed by all of the Tim Tebow supporters out there, remember this is supposed to be a sports law blog not a cult icon blog.  While Tebow has transcended the game in an amazing way for a QB who has so few on the field accomplishments in the NFL, he has fortunately not been involved in legal issues.  Plenty of dilemmas as he went from 2^nd string at the start of training camp to a reported 4^th string to a starter when Kyle Orton was not getting the job done to the satisfaction of the Denver fans. 

Is Tim Tebow the answer?  Long term?  Does not look like he is ready to be a quality PASSER in the NFL.  Does that mean he cannot play QB?  No.  Tebow is undoubtedly one of the greatest leaders that we have ever seen, especially from a person whose skill set is questioned around the country on a minute by minute basis. 

Was Tebow played by the Broncos merely with the hope that he failed so that they could say See, we gave him the chance and he did not get the job done.”  We will never know because Tebow never let himself fail.  His win streak had an almost divine intervention like quality with recovered onsides kicks, runners going out of bounds to keep Denver in the game, his kicker hitting 50+ yard FGs like they are XPs and a slew of turnovers and outstanding play generated from his defense.

So it is always interesting to take a step back and look at what we believed would be the Ten Biggest stories for 2011.  I think we had a pretty good hit rate on these but we take a look in greater detail.

They certainly did not all make our Top 11 Stories for 2011 because I don’t think that anyone could have envisioned some of the things happening at Ohio State, Penn State, Syracuse and beyond.

1. Agent regulations–HIT
2. Concussions–HIT
3. Conference realignment–HIT
4. LA luring professional football teams–SWING AND MISS
5. Lance Armstrong federal investigation–SWING AND MISS
6. MLB use of instant replay–FOUL TIP
7. NBA CBA–HIT
8. NFL CBA–HIT
9. MLB CBA–SWING AND MISS
10. Roger Clemens–FOUL TIP
11. Social Media–HIT
12. Tiger Woods–FOUL TIP

Agent regulations              HIT

We hit this one pretty squarely on point.  There was finally some movement non this landscape to look into the issues of agent regulation and for the first time to really consider whether a national regulation would be appropriate and what measures would be needed to accomplish better regulation.

Concussions       HIT

This one was easy, just as it will be for the next 10-20 years.  You can put this one in the permanent list and enshrine it into the Hall of Fame.  As we said in our preview,

It is probably the biggest health related issue in sports (and not just football) in over 20 years.   While people pointed to steroids and other types of performance enhancing substances, concussions impact everyone that plays collision sports, not only those that voluntarily take banned substances.

Conference realignment              HIT

Another busy year as schools moved all over the place, in many instances making the geographic and numeric conference designations meaningless. 12 teams in the Big 10; Ten teams in the Big 12; Pac 10 to Pac 12; And now we have teams from the west in the Big East, Missouri and Texas A&M in the Southeast Conference and more crazy moves potentially on the horizon. 

LA luring professional football teams                     FOUL TIP

It was a story and the stadium construction was a big story.  Might not have been big enough to warrant being in the Top 11 but was definitely a relevant story

Lance Armstrong federal investigation                  SWING AND A MISS (SWUNG WAY TOO EARLY)

This investigation still goes on in the background. Reports from sources that I trust a lot indicate that there are still potentially serious consequences ahead for Lance Armstrong.  But we were probably a year premature given the slow pace of federal investigations.

MLB use of instant replay            SWING AND MISS

MLB continues to be absurdly slow in adopting proper replay rules.  An ongoing process that needlessly prevents getting the calls right.  Still relevant but not a top story for the year.

NBA CBA                              HIT

You cannot get more relevant than the lockout which claimed the early part of the NBA season preventing fans from getting any games until Christmas Day

NFL CBA                               HIT

The NFL labor dispute got a lot more coverage and publicity than the NBA, in part because only baseball was still going on.  But certainly the lockout and the deal that was put in place for the next ten years dominated the middle part of the year.

MLB CBA                             SWING AND MISS

The MLB labor situation never materialized to be a big story in 2011.  With the NFL and NBA dealing with actual labor stoppages, lockouts and lawsuits, MLB did its work behind the scenes and appears to be in a solid position.  While the accomplishments may have been very important they did not merit inclusion in the Top 11 Stories

Roger Clemens                 FOUL TIP

Roger Clemens trial on perjury charges was pretty weak.  The government failed to get the verdict that they were looking for and Clemens did not receive the degree of punishment that the government hoped to use as an example.  Not surprisingly, they failed similarly with Barry Bonds.

Social Media                      HIT

Twitter, Facebook and a variety of rapidly developing tools continue to plague/benefit professional and college sports (depending on what perspective you want to take).  For fans, the social media access is great because it allows us to hear directly from:

• Ochocinco telling us about his escapades
• Barry Sanders congratulating Montee Ball on his records and attempts to break Barry Sanders own incomprehensible accomplishment
• Dan Marino congratulating Drew Brees moments after Brees had shattered Marino’s season yardage passing record.
• Media covering the event in a more personalized style than they are allowed to express in their formal” written pieces
• Teams and universities making announcements available directly to the public rather than having to have all statements filtered through the (sometimes) jaded perspective of long time reporters.
• College and professional athletes sharing their thoughts and interests with us

For the teams, schools, leagues and conferences, the social media is a terrific tool, but one that can create great harm when not managed properly or when an employee or athlete make off-the-cuff remarks that are now reported as mainstream news on the ESPN ticker.  The ability to monitor, teach, guide and explain the process to the athletes is one that will be ongoing and challenging.  But it is one the teams will have to face to survive.

Tiger Woods                      FOUL TIP

Tiger Woods is no longer relevant in the way that he was prior to the disclosure of his adulterous lifestyle.  Will he ever reach that magnitude again?  Everyone watched and waited and Tiger did display some signs of brilliance, but he was not able to gain any ground on Jack Nicklaus’ record, his inclusion on the President’s Cup team was controversial (rather than a given) and he kept himself out of most of the limelight.  Our bet is that we will start seeing A LOT more of Tiger in 2012.

FINAL SCORECARD FOR THE 2011 PREVIEW

Hits                                                        6

Foul Tips                                              3

Swing and Miss                                 3