NCAA Men's Final Four - Practice

This week is a very important week for Ed O’Bannon’s case against the NCAA


Ever since Ed O’Bannon first filed a lawsuit against the NCAA over the use of his likeness in a video game back in 2009, there has been scuttlebutt that the outcome of said lawsuit could end up playing a major role in the way that college athletics operates at the highest level in the near future.

(For those that haven’t been paying attention, you can get some terrific background insight into the lawsuit from Brad Wolverton’s story in The Chronicle here. You might also want to give J. Brady McCollough’s feature on Sonny Vaccaro, the former shoe peddler turned amateur athlete advocate, who, along with O’Bannon, is the inspiration behind the case.)

This week may be the most important week for the case, as U.S. District Judge Claudia Wilken will hear arguments regarding whether or not the case can be certified as a class action lawsuit on Thursday in Oakland. If the case were to be certified to include current athletes, it would mean that “the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes,” Bloomberg’s Jonathan Mahler wrote back in May. “Anyone who has ever played a Division I college sport would instantly be suing for damages for every instance in which his or her image was used in a video game, highlight reel, broadcast or rebroadcast.”

That could spell out disaster for the NCAA, who has a 14-year contract worth more than $10 billion with CBS and Turner to broadcast the NCAA tournament and whose member conferences annually cut $20 million checks to each member school for their TV contracts.

With that much money being tossed around, it’s a logical leap that the O’Bannon case could end up changing the NCAA’s entire business model, right?

Well, maybe we need to pump the brakes here just a bit. From a blog that Wolverton published accompanying the story linked above:

Gary R. Roberts, dean of Indiana University’s Robert H. McKinney School of Law, went further, describing some of the predictions as a “preposterous stretch of the intellectual-property laws.”

“I don’t see why, if the NCAA is infringing on former players’ publicity rights in the production of video games, that would lead to a remedy of current players receiving TV rights,” he said. “There are people who want that to happen so much that they’ve convinced themselves it’s right. But I don’t think there’s any court that will jump that legal chasm.”

Other legal scholars, whose voices didn’t make it in my article, agreed.

“Maybe in five years O’Bannon will cause the entire NCAA infrastructure to come unglued, but I doubt it,” said Gene Marsh, a retired professor of law at the University of Alabama at Tuscaloosa who represents colleges in NCAA disputes. “The thing about sports litigation—and particularly anything related to the NCAA—is that you get this wave of wishful thinking and emotion, and then someone comes along and actually applies the law, and that takes the air out of the balloon.”

In simpler terms, we’ve all gotten so excited about the fact that someone is actually stepping up to the plate and challenging the NCAA that we’ve forgotten all the legalistic red-tape the case needs to wind its way through.

And just because there’s a movement of people that are emotional and passionate about changing the basis of the NCAA doesn’t mean a federal judge who has been trained to filter out emotion and passion and focus on the letter of the law is going to agree.

You can find Rob on twitter @RobDauster.

Defensive progress will determine No. 4 Iowa State’s ceiling

Monte Morris
Associated Press
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Even with the coaching change from Fred Hoiberg to Steve Prohm, No. 4 Iowa State remains one of the nation’s best offensive teams. Given their skills on that end of the floor many teams find it tough to go score for score with the Cyclones, and that’s what happened to Illinois in Iowa State’s 84-73 win in the Emerald Coast Classic title game.

Georges Niang scored 23 points and grabbed eight rebounds, with Monté Morris adding 20, nine rebounds and six assists and Abdel Nader 18 points as the Cyclones moved to 5-0 on the season. The three-pointers weren’t falling in the second half, as Iowa State shot 0-f0r-12, but they shot 19-for-24 inside of the arc to pull away from a team that lost big man Mike Thorne Jr. late in the first half to a left knee injury.

Illinois’ loss of size in the paint opened things up offensively for Iowa State, and the Cyclones took advantage. But where this group grabbed control of the game was on the defensive end of the floor, and that will be the key for a team with Big 12 and national title aspirations.

Nader took on the responsibility of defending Illinois’ Malcolm Hill (20 points) in the second half and did a solid job of keeping the junior wing in check, with that serving as the spark to a 12-2 run that put the game away. There’s no denying that the Cyclones can put points on the board; most of the talent from last season is back and the productivity on that end of the floor hasn’t changed as a result. Niang’s one of the nation’s best forwards, and both Morris (who now ranks among the country’s best point guards) and Nader have taken significant strides in their respective games.

Iowa State will add Deonte Burton in December, giving them another option to call upon. Front court depth is a bit of a concern, as Iowa State can ill afford to lose a Niang or Jameel McKay, but there’s enough on the roster to compensate for that and force mismatches in other areas.

But the biggest question for this group is how effective they can become at stringing together stops. Illinois certainly had its moments in both halves Saturday night, but Iowa State also showed during the game’s decisive stretch that they can step up defensively. The key now is to do so consistently, and if that occurs the Cyclones can be a threat both within the Big 12 and nationally.

No. 24 Cincinnati beats George Washington 61-56

Troy Caupain
AP Photo
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NEW YORK (AP) Troy Caupain scored 16 points, including the go-ahead three-point play with 1:38 to play, and No. 24 Cincinnati beat George Washington 61-56 on Saturday in the championship game of the Barclays Center Classic.

The fact the game came down to a three-point play was ironic as both teams took 22 3-point attempts and there were times it seemed a 3-point shooting broke out.

Caupain’s traditional three-point play gave the Bearcats (7-0) a 55-54 lead. After a missed 3 by the Colonials (6-1) Octavius Ellis, who chosen the tournament MVP, scored on a tip-in. Patricio Garino scored on a drive for George Washington with 29 seconds left.

The Colonials let the Bearcats pass the ball around and they finally fouled when Ellis touched the ball with 14 seconds to play. Ellis, a 56 percent free throw shooter, clinched his MVP award by making both for a 59-56 lead. Two free throws by Caupain with 6.1 seconds left capped the scoring.

Farad Cobb and Kevin Johnson both had 11 points for the Bearcats while Ellis had nine points and seven rebounds.

Garino had 15 points for George Washington, Tyler Cavanaugh had 13 and Joe McDonald 11.

The Colonials finished 11 of 22 from 3-point range, not bad for a team that came in shooting 27.9 percent (29 of 104) from there. The 50 percent doesn’t look so good when you consider the Colonials made five of their first six 3-point attempts and were 8 of 11 from beyond the arc in the first half. They went 16:42 between 2-point field goals but led 30-27 at halftime.

The Bearcats were 7 of 22 from 3-point range but their advantage came at the free throw line where they were 10 of 12 compared to George Washington’s 3 of 4.


George Washington: The Colonials beat Tennessee in the opening round and they were 3 of 15 on 3s. … George Washington was off to its best start since it was8-0 in 2005-06. … The Colonials finished 10 for 34 from 2-point range.

Cincinnati: The win gives the Bearcats a 13-1 all-time record against George Washington and this was their sixth straight. The last win came on Jan. 31, 1976. … Cincinnati is 7-0 for the fourth time in the last six seasons. … The Bearcats are 51-8 in and have won 24 of 25 in November under coach Mick Cronin. They have won 49 straight games when scoring over 60 points. The 60th point against the Colonials came with 6.1 seconds to play.


George Washington hosts Seton Hall on Wednesday.

Cincinnati hosts Butler on Wednesday.