Thanksgiving—I was very appreciative of being able to spend the day with my parents, my sister Sharon and Kayla Bradham and her children.  It was great to host them all and be able to share a full evening together.  It was also great to have some time with my kids over the weekend and hear about my daughter’s first semester in college at Madison. We were also able to share in the celebration of the Badgers clinching a spot in the Big Ten Championship Game against Ohio State and we will be looking for a much better performance than the game in Columbus in October. 

Most importantly, I am thankful for all of the good things in my life.  A place to live, plenty of food, plenty of clothes and many friends and family to share happy occasions with.  I hope to continue to do a lot of work with the Sports Philanthropy Network to help many organizations make positive impact in their communities.

Dean Smith Letters—These are some amazing letters that I found online.  They were written from legendary North Carolina basketball coach Dean Smith to a young basketball player named Michael Jordan.  You can see the attention to detail Smith has and the eye for the game.  What I also found interesting in these letters is the fact that you can see how they impacted Michael’s game at the NBA level.  It would be very interesting to see other letters from Dean Smith or other coaches in terms of how they want to see their players improving in the off-season (and then looking back on these letters after a player becomes a star).

Nick Saban—Alabama losing 2 regular season games is almost unheard of.  The loss yesterday really had to sting because Alabama mostly controlled the game.   The first pick-6 was relatively normal, but the second one was a horrendous throw and an enormous turning point in the game.  Instead of an 8-point Alabama lead it turned into a 100 yard INT return for Auburn.  But the lasting image of the game will Nick Saban’s tirade at the extra time added at the end of the first half.  By all rights, Saban is 100% correct.  There is no way that the clock should have been stopped or that Auburn should have been given time to kick that FG (which was ultimately the difference in the game).  The second dispute at the end of the game seems different to me. Auburn pulled off a good trick play and Alabama got caught with too many players on the field allowing Auburn to run out the clock. As in any close game, there are so many individual plays that can make the difference.  Besides the two big disputes, you have a relatively short missed FG and a defense that was clearly not up to Alabama’s recent standards. Still, it is hard to see how so many Tide fans are calling for Saban’s head.  As I wrote recently, be careful what you wish for Alabama Fans.  You might not make the playoff this year, but I would not bet against Saban next season (and if I were one of his assistant coaches, I would not plan on much sleep).

The Hedges—There were some very funny images of people trying to get through the hedges at Auburn after the win.  It would seem that if you were a fan at Auburn you might have a better game plan of how to get on the field after a big win.  Surprisingly, Alabama is 0-7 at Auburn when both teams are ranked. 

Jim Harbaugh Press Conference—After becoming the first Michigan coach to be 0-5 against Ohio State, Harbaugh was obviously quite testy at his press conference.  It might not have risen to the level of contentiousness as Mike Leach does at Washington State, Harbaugh was clearly irritated by questions of what Ohio State did better.  It is going to be very interesting to see where Michigan is slotted for a bowl game and how the sentiment around Ann Arbor in the off-season will impact the Harbaugh era.  Many Michigan alums were unhappy going in to the season and Michigan lost to the three best teams they played (Ohio State, Wisconsin and Penn State).  They were not even close against Ohio State or Wisconsin and needed a huge comeback against Penn State to get within striking range, a comeback which appeared to be the turning point for Michigan to play well for the second half of the season.  While Harbaugh has made Michigan more competitive than the last two coaches (Hoke, Rodriguez), he hasn’t been able to get over the hump in the way that many expected.  This will be an interesting story to watch in the off-season.

8-Team Playoff—I recently wrote why I think the 8-team playoff will save college football.   The enormous pressure on coaches is just another reason.  With only 4 teams making that playoff, there is virtually no margin for error for any team not named Alabama, Clemson or Ohio State.  You look at Championship Weekend and there are very few teams that can really improve their spot and only a couple (Georgia, Utah, Oklahoma and maybe Baylor) that can likely play their way in.  By contrast, an 8-team playoff would still have a lot of room for movement not only into the field but also into the matchups and into the home-field advantage.  What would be better than seeing and SEC team travel to the Midwest for a game in a snowstorm?

Coaching changes—One of the things that I hate most about this time of year (and also Black Monday after the NFL season), is seeing all of the coaches who lose their jobs. These guys gave their hearts and souls to the programs that they are working for.  Clearly it is a business and they all understand that it is part of the profession, but too many of us fans fail to recognize the impact these decisions have on all of the family members, especially the children uprooted to new schools or faced with abusive attacks on their parent in the media and on social media.   It was refreshing to see the positive press release Northwestern put out after the decision to move on from Mick McCall as offensive coordinator after a truly dreadful offensive season, one which ironically ended up with their best offensive performance of the year.

Josh Shaw betting—The NFL doesn’t play games when it finds out that one of its players has been gambling on NFL games.  Josh Shaw was a backup player on injured reserve who laid some action at a Vegas casino, supposedly due to his misinterpretation of the rules. Though he did cooperate fully, he is suspended through 2020.   According to the NFL’s own language it would appear to prohibit fantasy football but you frequently hear players referencing their fantasy teams.  Maybe they are all just playing for fun. Here are six other things you might not know about Shaw, including the fact that he fabricated a story while at USC about leaping off a balcony to save his drowning nephew.

Medical Independence—One disturbing story this past week was about the lack of medical independence on many college campuses.  According to NCAA regulations, the sport coaches are not supposed to be in charge of the hiring and firing of medical personnel for their programs.   Unfortunately, it has become apparent that there are still way too many coaches who control this aspect of their programs leading to enormous conflicts of interest and unreasonable pressure on the athletic trainers and other medical personnel. The NCAA itself has provisions for dealing with this situation but it appears that they are rarely enforced or even investigated.

Arena Football Bankruptcy—The Arena Football League filed for bankruptcy this week.  The league has had many lives and there is no reason to believe that it is gone for good.  There is always a huge appetite for football, but one important element of the league may be replaced by the XFL.  The development aspect of arena football is limited because too many NFL positions really do not have equivalent positions in arena.  The XFL will be a better developmental mode but the desire to see football is likely to create another desire to resurrect this league.  Its biggest obstacle is likely to be the concussion crisis since players are going to be increasingly reluctant to sacrifice their brains and bodies for the meager financial rewards of arena football, especially if it is not a true developmental option for the NFL.

If you didn’t have a chance to see some of the other things I have been involved with or written recently, take a look here:

• Sports Philanthropy Newsstand, November 29, 2019
• Why an 8 Team Playoff Will Save College Football
• Plenty of Blame to Go Around in NFL/Kaepernick Fiasco
• FIRE SABAN!! Be Careful What You Wish For ‘Bama Fans
• Why Second Guessing Playcalling is Like Second Guessing Rock, Paper, Scissors
• Roy’s Ramble, November 22, 2019
• Roy’s Ramble, November 15, 2019
• Roy’s Ramble, November 8, 2019

HUMOR FOR THE WEEK

MOTIVATION FOR THE WEEK

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