Reflections On Beers and Bills Fans

 By Justin Cates

I spent this past Sunday embedded at a bar in upstate New York watching professional football with a particular focus on the Patriots-Bills game.

I've not witnessed Buffalo fans truly in their element, that is to say drunk in a bar convinced against all odds of a victory.

To be fair, for most of the afternoon they looked like they were onto something. Much to my surprise rookie E.J. Manuel performed quite well and the Bills—as they often do in September—looked like a team with promise.

And this is why every fall just as sure as the turning leaves, Bills fans flock to their local watering holes to load up on Labatt products and chicken wings in the hopes that these timeless fuels will propel their boys to victory (Ed. note: I legitimately counted at least thirty gallons of Frank's RedHot in the kitchen of the particular bar I was sitting in. I would assume there was an additional oil drum somewhere in the back in accordance with New York state law).

It's admirable and depressing that a group of such passionate fans continue to subject themselves to the same kind of torture every season.

We all make mistakes, but...damn that's a poor choice.

'It's a new era,' they tell themselves. Indeed, there's a new coach and a new quarterback and maybe this time will be different. Right? I mean, it can't happen every time can it?



I do like E.J. quite a bit. I remember laughing at the remarks of the fans on the other end of the irrationality spectrum last year when he beat the Hokies in Blacksburg.

A group of very pleasant Florida State fans sat behind one of my lawyers and I, and we had lot's of good discussion throughout the game. The weird part was, they couldn't stand their quarterback or their head coach Jimbo Fisher because they weren't always perfect.

I kept thinking to myself that I would love to have either man leading my team (Ed. Note: No disrespect to Frank Beamer or Logan Thomas, I just think Manuel and Fisher and both very good) and that these fans were crazy.

And that's what I'm driving at here. Fans are supposed to be crazy. As you've likely heard many times between binge drinking sessions, the root word of fan is fanatic.  

Fans are people so fundamentally committed to their causes that they are in no way governed by logic or reason. They can't be persuaded or cajoled to believe they are even remotely wrong and this is fine.

It's why I excused the comment by a lonely Raiders fan consoling a group of Bills backers when he said, "You guys are alright, C.J. Spiller is the best running back in football."

It's also why I found nothing out of the ordinary when grown men were screaming at the TV wondering aloud in complete seriousness, "How does Brady always do this? He SUCKS!"

Fandom rots your heart from the inside out and turns your brain to jelly. Accountants paint their chests and go shirtless in December winds while the innocent little octogenarian down the street turns into a subhuman beast when her hate-filled eyes spot a Wes Welker jersey at the mall.

While I might prefer a little less vitriol, I must also embrace it. It's part of what makes being a fan so much fun.

There's nothing quite like being showered with insults as you walk into an opposing stadium only to emerge three hours later having witnessed your team win by seven touchdowns.

So here's to the diehards! Fans of the Bills and Browns and Rams and Jaguars. These hearty souls deserve all the support they can get.

But really, they probably need a beer.
  

How ESPN Killed Tim Tebow's Career

By W.T. Salisbury M.D.

Heisman Trophy winner Tim Tebow is currently in the process of washing out of the NFL, and if you're one of those people who can't stand him, you have ESPN to thank.

The mothership went out of it's way to push the "Tebow angle" because they thrive on beating a dead horse, reviving it, and beating it again.

It's no secret that personalities were instructed to mention Tebow as often as possible. Former ESPN college basketball analyst and current CBS punching bag Doug Gottlieb mentioned this fact a while back on The Dan Patrick Show.

I was told specifically, 'You can't talk enough Tebow.' I would jokingly throw it into a segment. 'I gotta find 15 seconds here to talk about Tebow, all right let's move on and talk about Major League Baseball.'

And this is what ESPN does now. Rather than report the news they attempt to create it in the most haphazard of manners.

What the actual story consists of is inconsequential. Whether it's Brett Favre coming out of retirement, anything someone like Tebow or LeBron James says, or a big upcoming event they're broadcasting, ESPN loves to jam it down our throats until we finally say, "Man, this must be a big deal".

Tebow in particular has been the goose that lays the golden egg. The trouble is, rather than let the eggs come when they're ready ESPN decided to scream in the goose's ear to goad it along.

"I want to control the news cycle NOW!"

Eventually, the poor beast became so stressed out by these fools that it couldn't lay any eggs at all.

Having no alternatives, they killed, cooked and carved the bird devouring it whole only to move on to the next unlucky fowl.

If it wasn't clear, Tim Tebow is the goose in this scenario.

Certainly, the fact that Tim Tebow isn't a very good quarterback is also a factor in his being blackballed. But he's at least as capable as a host of second and third string backups throughout the NFL.

Most young guys with raw talent and a flawed throwing motion would get a chance to naturally develop behind a more polished veteran. For example, Philip Rivers throws a football like I discard an empty beer can but he's now a veteran Pro Bowler.

Sometimes patience pays off, sometimes it doesn't. Backups wash out all the time—even former first round draft picks—but rarely do they receive attention like this.

ESPN went out of their way to constantly bombard us with Tebow coverage, even injecting him into unrelated stories. They oversaturated the market with Tebow nonsense to such an extent that he became a "circus" and too big of a "risk" for teams to consider bringing him on board.

Now, ESPN has the gall to report on how he can't find a job as a free agent because of this "circus" that their very network had a significant role in creating.

Tim Tebow minding his own business. HOW DARE HE?!

It's the worst kind of non-journalism. ESPN doesn't report the news, they make it. It's manufactured in a gleaming, high-definition studio trimmed with neon backlights and greed all quaintly nestled in rural Connecticut.  

Nothing Tebow does on his own really stirs up controversy that isn't created by the media.

Does he talk about his religion? Yeah, but only when he's asked about it. He doesn't go out of his way to mention it when being asked football questions.

Even if he does bring it up, it's to thank his Lord and savior for his blessings which seemingly every marginal athlete does when interviewed postgame.

Again, he is flawed as a player even though he has the intangibles of "heart"and "toughness" which every hack of a general manager and hard-nosed coach claims to want in a player.

Truth is, they don't know what they want. You hear people whispering with increasing volume that Tebow will have to change positions to stay in the league.

Right. That makes sense.

Because I'm sure a former quarterback drafted in the first round will draw far less attention as a back-up tight end. No way SportsCenter would play that story on loop 24/7.

These people are incompetent boobs of the first order.

The NFL won't make a move because of the feared media distraction and ESPN won't shut up about the media distraction even though THEY ARE THE DISTRACTION.

Coming up on SportsCenter, can Ouroboros perform in the clutch? Stephen A. Smith will scream at you about it...

ESPN has become Ouroboros, the mythical serpent that eats its own tail. It is a neverending cycle of fake arguments and hot air that tries in vain to re-create itself but succeeds only in driving the wedge further between viewers and their programming.

One can only hope the monster finally does devour itself, if not for Tim Tebow's sake, than for the sanity of all.

Comparing Notre Dame and Virginia Tech's Recent Draft History

By Justin Cates

Just like recruiting in college, you can never be sure of the success of an NFL Draft class until years down the line.

However, initially the 2013 draft is a reflection of last season when Notre Dame broke out in a positive way and the Hokies fell flat on their collective faces.

The Irish had 6 players selected this year—the most since 2007—while Virginia Tech had only two players picked.

The first Hokie wasn't taken until the sixth round with pick 171—the lowest the first Tech player has gone off the board since 1993 when no Hokies were drafted.

A number of the undrafted players agreed to free agent deals with various teams just moments after the final pick was made Saturday, but today we're looking at the draftees.

Earlier in the week Brian pointed out a note from NFL.com writer Gil Brandt pertaining to the most successful college programs in terms of players drafted.

Corey Fuller hopes to add depth to the receiving corps in Detroit.

Not including this class, both Virginia Tech and Notre Dame have seen 50 players selected since 2001.

Currently, there are 34 Irish alumni and 27 Hokies on NFL rosters though of course this will likely change a good bit in the coming months.

Still, the numbers give us an interesting look at one of the similarities of two programs that few people would make a connection between apart from Brian and I.

That will change soon with the announcement that Virginia Tech will travel to play Notre Dame in South Bend in 2016.

Tight end Tyler Eifert was the first Irish player selected with Pick No. 21 (Cincinnati) 

It will mark the first meeting between the schools in football and it comes as part of Notre Dame's agreement with the ACC to play five football games per season against conference members.

It remains to be seen when the return date in Lane Stadium will be, but either way we're very excited to finally have a meeting on the field.

It may be a long way off, but consider the gauntlet thrown down for our game preparations.

General Musings About Football Season 2012

It's been painfully quiet around here lately. I return with a Hokie-centric look at the coming football season, pro and college.

First, Virginia Tech continues an unofficial quest to become the Oregon of the east coast when it comes to uniforms.

Tech will continue the now common practice of using multiple helmets throughout the season including this fairly tasteful camouflage helmet for Military Appreciation Day Saturday, September 22 against Bowling Green.

Then there are these controversial helmets for the White Out game Saturday, September 8 against Austin Peay.

Now they're only controversial insofar as they're ugly, but for a one-off they're tolerable. Gobbler tracks aren't remotely approaching the most offensive thing I've seen on football uniforms. 

Of course, most folks have been less forgiving of the new design, including starting quarterback Logan Thomas who chimed in on Twitter:

Indeed.

As for the action under the helmets, Virginia Tech is in Frank Beamer's favorite position. 

The Hokies are ranked fairly low, return a talented albeit somewhat unproven roster, and no one is really talking about them. Perfect.

On to the NFL (which sucks), and the myriad of Hokies on NFL rosters. That may thin out a bit as the teams make cuts, but I was surprised at the sheer numbers.

Some are no surprise as this season will mark the debuts of two of Tech's most exciting and successful running backs, second-year man Ryan Williams of the Arizona Cardinals and back-flipping rookie David Wilson of the Super Bowl Champion Giants.

Williams missed all of his rookie campaign with a significant knee injury, but appears to be back at full strength going into the preseason and the coaches in Arizona love him.

Praise has been equally high for Wilson in New York, where players and coaches alike have marveled at his maturity and athleticism. He demonstrated the latter in his first preseason game, nearly returning a kick-off for a touchdown.

The trick for the rabbit-catching phenom is to learn the playbook and continue to bulk up, while Williams needs to get some game contact to regain his confidence. 

Both appear poised to make an impact as complimentary backs—especially Williams because Beanie Wells is mediocre on a good day.

I guess the other main story no one has talked about regarding "the shield" is the fact that negotiations with game officials are still not settled and the NFL may use back-up referees into the regular season. 

Fans complain regardless, but given the number of competent, high-level football referees in this country, I think it's safe to say we'll see a drop-off in quality officiating the first few weeks.

Obviously, we'll have more detailed thoughts as the rapidly-approaching season nears. 

Virginia Tech kicks off Labor Day night when they host Georgia Tech at 8 PM on ESPN.

The winner of that match-up has represented the Coastal division in the ACC Championship game every season since the Hokies joined the conference in 2004.

Notre Dame will begin their season whenever they find a quarterback, or September 1 when they take on Navy in Ireland, whichever comes first.

Also, that game appears to start at 9 AM here on the east coast. Those with big tailgating plans may want to save the bratwurst until at least halftime. 

How Tim Tebow Melted My Icy NFL Heart

This will no doubt infuriate an already incensed Brian, but I must take a moment to commend and congratulate the great Tim Tebow on the Broncos exciting 29-23 victory over the Steelers yesterday in Denver.

No he's not a very good quarterback, in fact his ineptitude can at times be maddening but Sunday evening saw little Timmy grow up and start to become a quarterback at the NFL level. No small feat for a guy who can barely throw a spiral.

But that's what I love about him. I could do without the squeaky clean image. I've always preferred my athletes to be wildly talented, severely flawed people like Mickey Mantle or Tiger Woods.

The massive hype is also off-putting, but ESPN does that with anything and everything. they dictate the story and when the public is weary of the praise or criticism we become a fractured mass that's very upset both for and against the subject matter.

But I just can't get enough of a quarterback who comes out and gives a big ol' middle finger to the NFL establishment.

Analysts, former players, general managers, coaches, just about everyone involved with "the league" is always quick to point out that it's a different game and not everyone translates to the NFL.

I say bollocks. It's football. The defenses are a bit more complicated, the players are bigger, faster and stronger and the offensive playbooks are massive (often I think simply for the sake of being massive) but at the heart it's still just football despite what pigskin elitists would have us believe.

Once in a while a player comes along like Tebow or Michael Vick (before he learned to play QB) and they just win and do it in ways which are tough to rationalize. It makes even the most erudite of NFL coaches scratch their heads and go, "gee whiz I don't know. I guess we'll get him next time."

Guys like Tom Brady and Aaron Rodgers are wonderful to watch. The sheer precision and dominance shown by their units is difficult to fully comprehend. So too however is the mediocrity and struggles of the Broncos' talented but often inept crew.

My man Eddie Royal can rush, catch, return punts and come down with jump ball touchdowns despite being the smallest guy on the field. Demaryius Thomas is a super freak with speed to burn and a stiff arm like the Heisman trophy. Eric Decker is tough as nails when he isn't getting his knee blown up like yesterday.

The Broncos' defense is dominant. That's all you really need to know.

So there is no shame in losing to such a talented team Pittsburgh, I mean that genuinely. You suited up the few healthy bodies you had on defense and sent the big gimp out at QB and he didn't quite have it. A healthy Pitt squad would not have lost.

That said, winners play on and the best teams do not always win in the NFL playoffs. I guess that's the magic of it? I haven't entirely figured it out as I still don't like the NFL.

But I do like Tim Tebow and that magic is easy to decipher.

Too High, It's Too High...

I'm still waiting on the Supreme Court to issue its opinion in American Needle Inc. v. NFL. For a review of this case and its possible implications click here

For now though, the best week in sports is enough for me. What other week in the sports calender compares to this one? We've got the Final Four, the Masters (which--North of the Mason-Dixon line--marks the official start to spring), and Opening Day.

Given the theme I'm trying to keep with my posts--the intersection of law and sports--the sheer volume of quality events this week got me doing some looking around the interweb for a story of note.

Couldn't find much with regards to March Madness. The old guard around Augusta National keep things pretty sealed up (Martha Burke is long gone and I'm nearly certain Tiger won't be giving anything away during his Tuesday press conference). That leaves baseball.

The Common Law Origins of the Infield Fly Rule does everything possible to show that legal scholarship need not be stuffy (in fact, it mocks the heck out of it). Along the way, the article does a really nice job at describing one of the most confusing rules in baseball.

If you're looking for a quick read (the article is barely 8 pages) give the article a try (if only for a few hilarious gems in the footnotes).

On a related note, check out this piece in the New York Times describing the relatively consequences of the "The Common Law Origins of the Infield Fly Rule."

The NFL Goes to Court

The NFL. MLB. The NBA. The NHL.

The major professional sports leagues in America need no introduction (well, maybe the NHL needs one, but that’s neither here nor there). All four have inspired countless hours of heated and in-depth discussion regarding the best players, the greatest teams, and the most memorable games. Relatively little, however, is spoken about how these leagues operate and function as major business organizations.

Tomorrow, that will change.

In oral argument before the U.S. Supreme Court, petitioner American Needle will challenge the National Football League over “single entity” principles of the Sherman Antitrust Act.

In May 2001, the NFL signed an exclusive license with Reebok to produce team headwear (notice how every NFL player is wearing identically styled hats while standing on the sideline?). Prior to the agreement, individual teams were free to choose their own suppliers for team merchandise. Afterwards, former producers were excluded from the market (and, hence, the ability to make money each time a fan buys a hat). Not surprisingly, one of the former producers, American Needle, filed suit against the NFL.

While the issue of hat sales may not excite the average fan, the potential implications of this case run far beyond logo-adorned headwear. Each NFL team, both on the field and off, is its own organization. Each team makes its own personnel decisions, provides for its own stadium accommodations, and will enter into their own advertising agreements. However, as American Needle alleges, when the NFL signed the exclusive agreement with Reebok, it acted as a single entity as opposed to being an association of 32 individually owned teams that make their own business decisions.

The Player’s Association fears that a decision in favor of the NFL will allow the league to act as a “single entity” to restrain competition in the market for player services (in other words, free agency may be radically altered or end altogether). Further, what might it say to the inherent competitiveness of the game if team owners are acting far more in concert rather than in opposition?

Not surprisingly, MLB, the NBA, and the NHL filed amicus briefs before the court in support of the NFL’s position. Hence, any broad based opinion could have sweeping implications across professional sports (the NCAA also filed a brief in support…readers can draw their own conclusions).

For a more in depth take on the matter, scotusblog.com (a blog that follows the activities of the Supreme Court) published a very readable account of the case and the potential leanings of the Court. Also, last Saturday, the Washington Post published an Op-Ed on the matter written by Drew Brees, the starting quarterback for the New Orleans Saints. Finally, Gwen Napp, a columnist for the San Fransisco Chronicle, wrote here a response to Brees’ op-ed and included an interesting list of the implications that could arise from the case.

(Also, it may be worth paying special note to the role of the newest justice to the Court, Sonia Sotomayor, during oral argument. During her time on the Second Circuit Court of Appeals, Sotomayor came down hard on MLB owners to end the strike of 1994.)

(For a recap of today's arguments, see here)

Vick Still Owns Atlanta

So, I haven't posted anything recently. I've been in a motivational rut and while I still haven't gotten out of it, I felt compelled to post something.

I have been wanting to give some props to Michael Vick who played his most significant game since his return to the NFL last Sunday.

Vick returned to Atlanta, a city he once owned where he was loved by all and exulted as the greatest athlete and biggest celebrity in a city filled with both.

He was greeted with a fairly even mix of boos and cheers. I expected it, but still found people booing the only man that ever really made the Falcons matter pretty comical.

I understand the feelings of betrayal and the broken trust. It's just heartwarming to see how quickly people turn on one another when someone screws up. Just ask Tiger Woods.

Anyway, Vick played great, completing two of two passes for 48 yards and a touchdown and rushing four times for 17 yards and a touchdown.

It was the 11th time in his NFL career that Vick scored at least one rushing and passing touchdown in the same game.

It was a lot of fun to watch, and it was nice to see the Eagles actually use Vick in a smart way for once.

Vick had been made pretty much just a wildcat runner, which essentially set him up for failure. The defense stopped respecting his passing ability completely because he never did it.

Maybe now defenders will have a reason to think twice.

Roger Goodell To NFL Rookies: "I'm Gonna Bust A Cap In Your..."

In case you haven’t heard, NFL Commissioner Roger Goodell is not pleased with the current state of rookie contracts.

“Money is not going to players that are performing. It's going to a player that never makes it in the NFL. And I think that's ridiculous."

Imagine this scenario:

You’re a ten-year veteran in the NFL. You’re a free agent. While not a superstar you’re still very gifted. All of those years on the gridiron have begun to take their toll on your body, but you’re still rock solid and an attractive athlete to many NFL franchises.

During the free-agent signing period you’ve spoken to numerous teams, all of which have told you the same thing: “We would love to have you on the team, but if you can’t take a significant pay cut we can’t sign you.”

Unfortunately, this scenario is very realistic given the current structure of the NFL rookie salary cap (or lack thereof).

While there is no cap on rookies the NFL has a “hard cap” for teams, meaning that no team can exceed the cap for any reason. The cap is determined by the Defined Gross Revenues set by the league each year as a reflection of the previous season’s total revenues (the inclusion of all revenue streams was renegotiated in 2006 to add things like naming rights and advertising). The cap itself is a product of the Collective Bargaining Agreement (CBA), the most recent of which was negotiated in 2006.

In case you are confused, here is the actual mathematical equation:

 Projected revenue x CBA Percentage = Players Share Total Revenue

 Players Share minus Projected League wide Benefits = Amount Available for Player Salaries

 Amount Available for Player Salaries / Number of Teams = Unadjusted Salary Cap per Team

So while there is an overall cap that teams must abide by, there is no such cap for rookie contracts which, by the way, are indeed accounted for in the overall cap. Under this system unproven rookies can earn more money than seasoned veterans!

All other things being equal, that’s like placing a higher value on a high school diploma than a college degree.

Sure, high rookie contracts can help veterans by inflating their worth. But is that really necessary? With a rookie cap teams would be able to invest their money in many different avenues, such as veteran players, advertising, or even stadium improvements. Rookie players wouldn’t be working for free, mind you – there is a league minimum salary. 

As of 2007, the minimum structure salary was as follows:

Rookies and first-year players $285,000

Second-year players $360,000

Third-year $435,000

Fourth-year $510,000

Fifth- through seventh-year $595,000

Eighth- through tenth-year $720,000

Eleventh-year and longer $820,000

Once rookies prove they belong in the league they can renegotiate their contracts. Plus, these figures exclude endorsements.

'Ridiculous' Rookie Contracts

• Matt Ryan, the No. 3 overall pick in the NFL draft, signed a 6-year deal worth $72 million ($34.75 of which is guaranteed money) with the Atlanta Falcons.
  
• The No. 1 overall pick, Jake Long, signed a 5-year deal worth $57.75 million  ($30 million guaranteed) with the Miami Dolphins.
  
• Last years' No. 1 pick, JaMarcus Russell, signed a 6-year $61 million contract.
  

Welcome to your teams, gentlemen. You are officially the highest paid players on your teams and you have yet to take a snap as a professional (JaMarcus played in 4 lackluster games last season throwing for 373 yards, 2 TDs and a 55.9 QB rating). 

Indianapolis Colts President Bill Polian (father of Notre Dame special teams coach Brian Polian) has been one of the most ardent supporters of a rookie cap. 

"The union has to give us a firm, definitive, rookie salary cap. We're perfectly willing to have the money that does not go to the rookies go to the veterans. Nobody is looking to save money. But we're sick and tired of giving exorbitant, incredible sums of money to players who haven't proven they can do anything but play against Eastern Michigan."

Caps In Other Leagues

Maybe the NFL should take notes from other leagues. The NBA has a system that is very intuitive - rookies are paid in ascending monetary value the higher they’re picked in the draft and everything is scaled to a set maximum value. The NHL recently created a rookie salary cap, too. The MLB has no salary cap, rather a luxury tax.

So if you were an NFL owner why would you pay someone who has never played a down as a professional an exorbitant amount? The simple answer is that you don’t want to. You would much rather use that cash to sign veteran players to build the pieces of your puzzle.

Is There An End In Sight?

It should be a no-brainer. Once you’ve shown that you won’t be a "flop" you can negotiate a new contract worth millions. Until then, however, it does not seem “fair” for the older players in the league, who have already proven themselves, to earn less than the best players coming out of college.

I know what some of you are thinking. NFL players are at risk of injury every time they step on the field. They’re walking occupational hazards. What if they are hurt? What will they do with their lives post-football, especially with so many years ahead of them? 

Here’s a thought: They could fall back on the education they received in college. After all, they are STUDENT athletes.

Last month team owners unanimously decided to opt out of the CBA, which makes the likelihood of a strike more plausible. So all that needs to happen is for team owners and the NFL Players Association to negotiate a new CBA. 

Easier said than done.

*For an incredibly thorough analysis of the NFL salary cap visit Ask The Commish