(This is a guest post by Josh Schott, one of many applicants for the recently open positions on the MotSaG staff.)

Many people around the country look at Ohio State’s 2013 football schedule and don’t think much of it. In fact many would describe it as pretty weak, which is a fair assessment. The Buckeyes are the favorite in every single game and many view the team up north as the only viable opponent that could possibly defeat Ohio State. But as many people always say: The games aren’t played on paper.

I believe there are a few opponents on the Ohio State schedule that could trip the Bucks up and ruin a shot at a second consecutive perfect season. One thing that each of these two trap games have in common is they are both road games. Let’s take a look at the first overlooked opponent…

Game 3 – @California (September 14)

The Silver Bullets should dispatch their “cupcake” opponents (Buffalo and San Diego State) with ease in their first two games. The Buckeyes then travel to Berkley where they take on the Golden Bears. Cal faces Northwestern in the first week of the season at home, which is a challenge for a team with a brand new coaching staff. But let’s say they pull off a mild upset of the Wildcats and then take care of Portland State in week two.

Cal should be pretty confident coming into this game, especially if they’re 2-0. This is a pretty big game for them, especially when they came up just short last season. The Buckeyes nearly lost to the Golden Bears last year because of sloppy tackling and poor execution.

Sonny Dykes takes over the program in his first season and is the main reason why this could be a trap game. I’ve watched Dykes at Louisiana Tech the last few seasons and his type of offense can score a ton of points when firing on all cylinders. His Bulldogs were fifth in the country in total offense, trailing only Oregon, Oklahoma State, Baylor and Texas A&M. The Buckeyes struggled at times against spread offenses at times last season, most notably the close win over Indiana. While Cal doesn’t have star wide receiver Kennan Allen this year, they could do some damage against a fairly young defense early in the season.

Game 6 – @Northwestern (October 5)

Many view this game as the second-toughest opponent on Ohio State’s schedule. This is a testament to how far Northwestern’s program has come under the leadership of Pat Fitzgerald (who could easily be a coach at a more notable program). The Wildcats are coming off a 10-3 season, one of their best years in recent memory. It was all capped off with a 34-20 victory over SEC foe Mississippi State in the Gator Bowl, so they certainly have some momentum coming into the 2013 season.

Two offensive threats scare me and should scare any team that faces Northwestern: running back Venric Mark and quarterback Kain Colter. Mark is an absolute beast. He can do a little bit of everything, running, catching, and punt returns. Mark rushed for 1,366 yards and 12 touchdowns, along with 2 punt returns for touchdowns. When he’s on the field a defense simply needs to pay attention.

Colter is the definition of a dual-threat QB. Although he’s certainly not on the same level as Braxton Miller, Colter is a great player in his own right. Colter threw for 872 yards and 8 touchdowns and rushed for 894 yards with 12 rushing touchdowns last season, so he can certainly burn your defense with his arm or legs. He split time with the now departed Trevor Siemian at the QB position all of last season. Colter will take complete control of the position this season and I expect the coaches to let him ‘go wild.’ The one-two punch of Mark and Colter is a potent combination that could spell trouble for the Bucks defense. While Ohio State has demolished Northwestern in their last four meetings, this is a different Northwestern team. I think I speak for everyone in Buckeye nation in that we don’t want to relive what happened in 2004. (Andre Ware of all people had to call that game too.)

While the expectation is an undefeated season, Urban Meyer and the Buckeyes need to take one game at a time. Upsets can happen at any moment in college football. If the Buckeyes want to make it to Pasadena, they can’t overlook these trap games.

(This is a guest post by Dylan, one of the applicants for the recently open positions on the MotSaG staff.)

2015 should be another great recruiting class for Urban Meyer and the Buckeyes. With the Buckeyes expected to continue their winning tradition it will always make it easier to get the best of the best, especially from Ohio. Lucky for us there is a lot of great talent in a very top-heavy year. I have accumulated a list of the ten names all Buckeye fans should be aware of.

1. The big name to look out for is Erick Glover-Williams who is a versatile athlete that can play either side of the ball. He plays QB in high school but I personally like him at wide receiver due to the fact he is so dynamic with the ball in his hands. The Buckeyes are the clear favorite as Williams stated in recent interviews. (Hudl highlights can be seen here)
2. Next is a 6-2 225 OLB from Saint Xavier in Cincinnati, Justin Hilliard. He might be one of the most instinctive linebackers to come out of Ohio in the past few years. His game reminds me a lot of current 2014 Buckeye commit Dante Booker in terms of size and athleticism. The Buckeyes are going to have to work very hard to get a commitment from him because he wants to play with his brother CJ Hilliard, who is committed to Iowa. Justin racked up 65 tackles, seven sacks, two interceptions and also forced a fumble. (Hudl highlights can be seen here)
3. Watch out for Larry Scott a sensational running back from Hubbard, Ohio. This kid has all the tools and size at 6’0 205lbs to be a 5 star. Down the road if he goes to camp I have a feeling will end up to be rated as one of the best backs in the country. He put up some ridiculous numbers against good competition racking up 1,648 yards on only 168 carries, a nearly 10 yard per carry average. He tallied 23 rushing touchdowns and also hauled in 14 passes for 209 yards.
   (Hudl highlights can be seen here)
4. Next on my list is a bit of an interesting story, Hjalte Froholdt, a foreign exchange student from Denmark. Currently playing at Warren G. Harding. He is nearly unstoppable at defensive tackle and at 6’4 282 and the Buckeyes have offered early along with Michigan. The real question is whether he will continue to play American football in the States or will return back home. (Hudl highlights can be seen here)
5. Arguably the most talented player on the defensive side of the ball is the safety Jerome Baker out of Cleveland Ohio. Jerome was one of the first 2015 recruits to earn a Buckeye offer regardless of being in state or out of state, which is saying something. He also plays QB, which allows him to have a knack for knowing in the air where the ball is headed while playing safety. He currently weights in at 6’1 205 he has the frame to potentially grow into the star position that every Buckeye fan knows about. However, he is just to talented with the ball and I would keep him at Strong Safety. (Hudl highlights can be seen here)
6. The 2015 Ohio class does not have a lot of true top talent at the wide receiver position. The only true wide receiver that I feel the staff might offer from the Buckeye State is David Dowell from St. Edwards in Lakewood Ohio, who has received rave reviews at camps from OSU and Michigan State. He is not the tallest or the strongest at 6’1 175lbs, however, he just has a knack for getting separation on every route and is not afraid of going across the middle which most high school receivers don’t do like to do. (Hudl highlights can be seen here)
7. Although he has not received an offer yet, it does not mean the staff is not aware of George Brown. Standing at 6’6 253lbs he is extremely athletic for being an offensive tackle from Winton Woods in Cincinnati, Ohio. He has early offers from some of the major SEC schools such as LSU and Georgia. I would look for the Buckeyes to offer him fairly soon to make sure they keep his attention and snag him before he falls in love with the South. (Hudl highlights can be seen here)
8. Rashod Berry is my surprise player in the top ten, as he is not rated by most recruiting services, such as 247. He is listed at 6’4 215lbs, which is nearly ideal size for a weak side defensive end as a sophomore in High school. He showed up at back-to-back OSU camps and coach Vrabel came away impressed each time ($). He has a very quick outside rush move but needs to work on his run stopping abilities. I see an offer forthcoming in the near future. (Hudl highlights can be seen here)
9. Another kid to keep an eye on is a player at one of Urban Meyers’ favorite positions, Defensive line. His name is Elijah Taylor from Moeller High School in Cincinnati which the same school as current commit Sam Hubbard. He is a bit undersized at 6’3 250lbs but has a nasty bull rush and plays with great instincts, which is rare for a defensive tackle. If he continues to put on weight he will be one of the highest rated DT’s in the country when it is all said and done. Currently he holds offers from Arkansas, Michigan State and West Virginia. I feel the staff will hold off on offering him until middle of his junior year once they see some more tape of him. As a sophomore he had 3.5 sacks, 35 tackles, and 2 forced fumbles. (Hudl highlights can be seen here)
10. Lastly, is another offensive lineman named Rob Dowdy from Westerville, Ohio. He is a road grader when it comes to run blocking; he lacks a little bend and technique when it comes to pass protection but what highschooler does not? He makes up for that with his aggressiveness and his willingness to never take a play off like most 6’5 277 lbs usually do. He could even add around 20lbs before he steps foot on campus, which would make him even more appealing to college coaches. If he comes to camp he is almost a shoe-in to land the offer most Ohio kids covet, one from the Buckeyes. (Highlights can be seen here)

(This is a guest post by Garth, an Ohio State law grad and a future member of the MotSaG writing staff. Because of the breadth of this post, it will run in two parts. Part one runs today (Friday) while Part Two will run Monday)

In competitive achievement, Ed O’Bannon and Curt Flood are miles apart. Playing for the high flying St. Louis Cardinals baseball team in the 1960-70s, Flood won multiple gold gloves, managed to hit over .300 numerous times and at the time of his retirement was among the leaders in baseball history in terms of games played in centerfield. Ed O’Bannon on the other hand fizzled out in the NBA after only two years and then began a foreign basketball odyssey spanning several years. Ed O’Bannon did however enjoy a successful college career, leading UCLA back to the promised land with a 1995 NCAA title.

Flood failed in his own attempt to convince the US Supreme Court to reverse its own determination that major league baseball was exempt from federal antitrust laws. Flood had hoped such a reversal would then permit him to argue that the antitrust laws prohibited the application of baseball’s reserve clause (a standard provision in a player contract that essentially made a player property of one team for as long as the team wanted). However, in losing a case that could have dramatically improved his financial worth, Flood mobilized players to such an extent that within three years an arbitrator decided the reserve clause only applied for one year, not the playing career of a player. This decision, actually on behalf of pitchers Andy Messersmith and Dave McNally, ushered in free agency. Now Ed O’Bannon attempts a legal challenge that, if successful, will do less as a practical matter for his personal net worth, but which could set off even more profound changes for the world of collegiate athletics.

The O’Bannon Case

In a nutshell, O’Bannon has sought to be compensated, first for the use of his likeness in video games as a member of the 1995 National Champion Bruins. The defendants include the NCAA and EA Sports, a video game maker. O’Bannon has since expanded his claim against the NCAA to claim a share in the proceeds from other sources including from television contracts with networks that broadcast games in which he appeared (the plaintiffs recently dropped claims for items such as jersey sales—for now anyway). There are numerous legal theories, but basically the claim is one of antitrust: that by virtue of its size and power, the defendants, most notably the NCAA, monopolistically and illegally deprived O’Bannon of his right to be compensated for the value of his efforts in the marketplace.

But this case is not just between Mr. O’Bannon and the defendants. Since the first case was filed, it has been merged with similar cases and other former famous collegiate athletes have been added as plaintiffs—Bill Russell for example. Then, the plaintiffs have made it clear they intend to add current collegiate athletes to the mix.

The Class Action Spector—The Real Story

Law in America is often not as much about who is right and who is wrong as it is about the opportunities afforded by the legal system to use brute force to achieve a desired outcome. A claim for a share of the increasingly enormous television contracts for NCAA football and basketball is potentially enormous. By adding many potential plaintiffs, the opportunity for a huge potential aggregate payment is potentially painful to the defendants. Also, by implicating the federal antitrust laws, the looming shadow of triple (treble) damages is particularly daunting.
So the stakes are high. But, in the world of big dollars they are not so high that they cannot be managed by these defendants. It takes resources and time to bring a lawsuit—so although the potential plaintiffs are many, the chance to fight and parry and manage toward individual settlements that can be minimized in the aggregate can be an appealing strategy to the defendants.

That is, unless all possible plaintiffs—including those who otherwise would not lift a finger to bring their own claim—can be brought together as one big group and represented en masse in a class action lawsuit. If that is possible, then the defendants face the prospect of a trial before a jury, which can never be counted on predictably and which could return an enormous victory for the plaintiffs which again would tripled by treble damages.

It is important to take a moment to realize just what a class action means in real life practical terms. This is about power and money, and nothing puts those two on a collision course like class action lawsuits, which are the holy grail for plaintiff lawyers (and make a pretty penny in the process, thank you, for the lawyers who defend them). While no one can dispute the legitimate value of certain class action lawsuits, many class actions yield nothing but $10 discounts for future purchases by customers who might have been victimized—settlements so benign that they actually represent discount coupons to leverage future sales of product—effectively marketing coups for the defendants. But even in such cases the lawyers can get millions of dollars as part of the court approved class action settlement. So though there might not be great value to a particular case, the process of a class action lawsuit attracts lawyers who nominally prosecute minor claims for defendants when what they are really looking for is to wax the system for their own huge financial reward. Even in cases where treble damages are not possible—few class actions go to trial—the sheer in terrorem risk of a potential jury trial often forces a settlement that does little for plaintiffs but enriches the lawyers.

Now imagine the legal feeding frenzy if billions of dollars are at stake as in the eventual O’Bannon case. The individual awards to athletes are likely to be smallish really on an individual basis, though the aggregate dollars have to be intimidating to the defendants. But the payoffs to the lawyers, which are on the other hand smallish in the aggregate but enormous to the lawyers, really are what give life to this type of case–a life that really depends on achieving class action status. So the value of having this case turn into a class action is probably as much lawyer driven as it is plaintiff drive—and it is that underlying effect that has the potential to turn college athletics on its head.

It is not inconceivable, of course, that the NCAA could take an uncertain antitrust claim to a jury—the NFL did so when sued by the USFL. In that case the NFL gambled and “lost,” although the award was for one dollar. With treble damages and interest, the NFL paid $3.76 in total—but the point is, the jury held for the plaintiff on the law—the NCAA might not feel it could get so similarly lucky on the damage issue.

It’s Go Time

The O’Bannon case is now at a critical juncture. On June 20, 2013, the sides presented arguments on whether the potential plaintiffs could be certified as a class to justify a class action lawsuit. To be certified as a class, the plaintiffs must demonstrate several things, including that all members of the class have essentially the same legal arguments and issues and that all claims are “typical.” Both of these showings seem questionable, but it is difficult to predict the outcome. Different courts approach these requirements differently, especially with regard to the typicality requirement. Some courts look to whether the underlying event giving rise to the claim is typical, while others look to see if the damages are relatively the same. If it is the latter, can one really insist for example, that the television value of Johnny Manzell is the same as that of a reserve linebacker who never makes it into a game? But it is not clear how this requirement would be applied in this case—for example, does every plaintiff have to receive the same dollar amount, or could one plaintiff receive a certain percentage of his conference’s television payment while another received a similar percentage of a different television payment to that player’s conference.

If the plaintiffs completely prevail so that current players are included in the class, the brute force opportunity for the plaintiffs to win at trial becomes so imposing and so potentially destructive to the current big college sports/economic model that the NCAA may be forced to settle in a way that could drastically change the college sports landscape. For example, the NCAA could agree to pay 50% of television proceeds to past and current players. This would wreak havoc on athletic department budgets that are already overstrained in most cases. Presumably the number of sports supported by colleges would be dramatically reduced. Also, because the marque conferences receive the highest television contracts, the competitive divide between the football haves and have nots could be greatly exacerbated.

On the other hand, if the class is not certified, the NCAA could much more easily manage and defend the individual cases that do arise. In between, the judge could certify the former players, but not the current players—a circumstance which also provides time and maneuverability for the NCAA.

The 63 year old federal judge hearing the matter in Oakland, Claudia Wilken, is an experienced jurist who has dealt with the complexity of sports, business and education matters. In a hearing in her courtroom on June 20, 2013, Judge Wilken did not particularly tip her hand as to how she might rule, though she did indicate she could imagine approving the class action but having a jury determine whether the awards are the same for each member of the class. If the jury determines that the awards would not be uniform, the class would be decertified—a result that, like the USFL verdict could be a hollow victory for the plaintiffs.

(So now that you know what’s happening, check back with us on Monday for the important issue: How does this effect Ohio State?)