Recent College Football Realignments Are Nothing New

The realignment of major college football conferences has been one of the most important sports stories of the fall. As teams shift from one conference to another, many commentators have described these happenings as unprecedented, and in the minds of many, these developments appear to threaten the stability of college athletics. Rumor has it that the National Sports Law Institute is planning to hold a conference on the legal implications of such changes.

However, the wailing and gnashing of teeth reflects more than anything else a lack of historical awareness on behalf of the wailers and the gnashers. In reality, the history of college athletic conferences has largely been a story of instability and change and not of stability and respect for tradition.

First of all, conferences themselves have come and gone on a fairly regular basis over the history of college sports. For example, most of the major football-playing conferences of today were created in the past half-century. There are currently eleven Football Bowl Division college conferences (Division 1-A, in the previous nomenclature), and 14 Football Championship Division conferences (formerly Division 1-AA). Only three of the former and three of the later (6 of 24 conferences) existed in 1952. As late as 1974, only 6 of the 11 I-A conferences and 3 of the 14 I-AA conferences of today had yet appeared. The remaining 16 were created after 1974. Four of the 11 current FBS conferences—Big 12, Mountain West, Conference USA, and Big East football—were created in the 1990’s.

Periods of change have outnumbered eras of stability. Consider, for example, the saga of the Southern Conference.

In 1894, seven southern universities—North Carolina, Alabama, and Georgia, Vanderbilt, Auburn, Georgia Tech, and the University of the South (Sewanee)—organized the Southern Intercollegiate Athletic Association. The SIAA wasn’t so much a league as it was a sort of regional NCAA, designed to facilitate the “development and purification of college athletics throughout the South.”

By joining the SIAA, a college or university pledged to abide by the association’s rules, which initially included a ban on participation in intercollegiate athletics by faculty members and players who were not enrolled as students, a rule limiting players to five years of eligibility, and a prohibition of cash payments to players. The SIAA left the scheduling of games to individual schools, and it did not stage conference championships, other than in track and field.

The association proved to be quite popular, and its membership rapidly expanded to include schools from Kentucky and all of the former Confederate states except Arkansas. Eleven schools joined the following year (1895), and by 1922, the number of member schools in the association had reached 28. (A total of 42 schools had been members at one time or another before 1922, but 14 had subsequently withdrawn.)

However, In 1921, the authority of the SIAA was challenged when thirteen leading football schools in the South—Alabama, Auburn, Clemson, Georgia, Georgia Tech, Kentucky, Mississippi State, North Carolina, North Carolina St., Tennessee, Virginia, Virginia Tech, and Washington and Lee—organized the Southern Conference. Initially, the schools in this group which were SIAA members, which included all of the 13 except for the schools from Virginia and North Carolina, remained members of the SIAA.

However, after 1922, when the new conference added six additional schools: Florida, LSU, Mississippi, South Carolina, Tulane, and Vanderbilt, all the Southern Conference schools who were members of the SIAA withdrew from the older organization. The primary impetus for the withdrawal was a clash between larger and smaller schools (measured by the size of their athletic ambition) over athletic eligibility rules, especially as they applied to freshmen. The SIAA continued to operate until 1942, but for its last 20 years it was essentially as an umbrella association for smaller Southern colleges.

Like the SIAA, the Southern Conference operated in the 1920’s more as an association of like-minded schools than as an integrated sports league. By the end of the decade, the number of schools in the conference had increased from 19 to 23 with the addition of the University of Maryland, Sewanee, VMI, and Duke.

However, as the emphasis shifted from common agreement as to the rules governing college sports to championship competition, the 23-school conference proved to be somewhat unwieldy. In 1932, twelve members from the lower South withdrew to form a new league known, then and now, as the Southeastern Conference. (This group included Georgia Tech and Tulane as well as all of the 2011 members of the Southeast Conference, except for South Carolina and Arkansas.) That same year, tiny Sewanee also dropped out of the Southern Conference, leaving it with a presumably more manageable 10 members.

However, still wedded to the idea of an association of like-minded colleges who did not need to necessarily compete against each other in every sport, the Southern Conference refilled its depleted roster in 1936 by adding seven new members drawn from the ranks of smaller schools. George Washington, Richmond, William and Mary, Davidson, Wake Forest, Furman, and the Citadel, temporarily raised the number of schools in the conference to 17, and made the conference one of schools located in the upper South.

However, the University of Virginia withdrew from the conference the following year, but after that membership became more stable, and from 1937 to 1950, the Southern Conference operated as a 16-team league/association.

Instability returned in the 1950’s. First, the conference increased its number of members back to 17 when the West Virginia University was added to its roster in 1950. Then, in 1953, the conference split apart for a second time when seven members—Maryland, North Carolina, Duke, Wake Forest, North Carolina State, South Carolina, and Clemson withdrew to form the Atlantic Coast Conference (along with former Southern Conference member, the University of Virginia). That same year, Washington and Lee also decided to de-emphasize football (and ultimately withdrew from the Southern Conference in all sports in 1958), reducing the Southern to a nine school league.

This time, the conference chose not to admit new members, and after the 1953 defections, the conference began to operate as a more conventional (in the late 20th century sense) athletic conference featuring round-robin play and regular championships. The league did not expand again until 1964, when it added East Carolina University, a move which brought the number of football playing schools to ten.

Unfortunately for the status of the Southern Conference, the late 1960’s and 1970’s saw a significant amount of attrition. Virginia Tech, the last original member, withdrew from the conference in 1965, and West Virginia followed suit in 1968. George Washington, Richmond, and William and Mary departed in 1970, 1976, and 1977, respectively.

The departing members were replaced, typically by smaller southern universities who were not traditionally associated with big time athletics. When the NCAA Division I was divided into Division 1A and Division 1AA (for lesser schools), the Southern Conference was placed in the latter category.

The Southern Conference has continued to operate, and currently fields a roster of twelve schools, located in North and South Carolina, Tennessee, Georgia, and Alabama. One of its members, Appalachian State, which was added to the league in 1971, has achieved notable gridiron success in recent years. However, none of the original members are still affiliated. When VMI departed in 2003, it was the last school to have played in the league before the “spin offs” of the Southeastern and Atlantic Coast Conferences.

Three current members—the Citadel, Furman, and Davidson (which no longer plays Southern Conference Football)—remain from the list of schools brought into the conference as a result of the 1936 expansion. The next oldest school in terms of length of conference affiliation is Appalachian State. Long time Southern Conference fans certainly know that the only permanent thing about college football alignments is continuing change.

Even the Big Ten, the oldest college athletic conference, and for many years a symbol of stability, has had several periods in its history in which its membership fluctuated.

The conference was founded in February 1896, as a seven-member alliance that included the Universities of Chicago, Wisconsin, Illinois, Michigan, and Minnesota as well as Northwestern and Purdue Universities. Lake Forest College had been invited to join the new association and had participated in an 1895 organizational meeting, but it apparently decided not to affiliate with the other schools. The new conference was officially known as the Intercollegiate Conference of Faculty Representatives, but it was usually referred to as the Western Conference.

The Universities of Indiana and Iowa were added in 1899, and shortly thereafter the conference became informally known as the Big Nine. The University of Nebraska petitioned to join as a tenth team in 1900, but its application was denied. In 1907, the number of teams declined to eight when the University of Michigan withdrew after a dispute with other conference members over player eligibility rules. After turning down the University of Nebraska a second time in 1911, the league the returned to nine teams when it added Ohio State the following year. The number of teams increased to 10 for the first time in 1917, when the University of Michigan returned to the fold. At this point, the conference became generally known as the Big Ten (or Big 10).

The number of football teams dropped back to nine in 1939, when the one-time athletic powerhouse University of Chicago eliminated its football program. In 1946, the school withdrew from the conference in all sports, and over the next three years, the Big Nine considered several different schools for membership. The list of potential members included, according to contemporary newspaper reports, Notre Dame, Pittsburgh, Iowa State, Nebraska, and Marquette (which then had a football team that regularly played several football games a year against Big Ten teams).

Finally, in 1949, the league decided to add Michigan State as the new 10th team. Following the addition of the Spartans, the Big Ten (finally adopted as the conference’s official name in 1987) remained completely unchanged in terms of membership for the next 41 years.

It is the four decade period from 1949 to 1989 that led to the association of the Big Ten conference with stability in the minds of older fans. The next change in the Big Ten alignment came in 1990, when Penn State was invited to join as the 11th member. Nine years later, the league entered into negotiations with Notre Dame to become the conference’s 12th team, but the South Bend institution eventually withdrew from the negotiations. A 12th team was finally added in 2011, when long-time bridesmaid Nebraska was finally invited to join the league.

If one takes away the 40 years from 1949 to 1989, the history of the Big Ten has been as much about change as it has stability.

Recognition of the past doesn’t make it any easier to deal with recent developments, but it does remind us that there is nothing particularly new or unusual about what is going on right now.

 

Continue ReadingRecent College Football Realignments Are Nothing New

Maybe the Brewers Should Hire a Lawyer as Their Next Manager

The announcement that St. Louis Cardinal manager Tony LaRussa is retiring after his team’s victory in the 2011 World Series provides us with an opportunity to remind the non-lawyer world of the extraordinary success of lawyers who have served as managers in Major League baseball.

LaRussa, who earned his law degree from Florida State in 1978, is one of only seven law school graduates and/or lawyers to manage in the major leagues.  The other six were John Montgomery Ward, Hughie Jennings, Branch Rickey, Miller Huggins, Muddy Ruel, and Jack Hendricks.  In addition, all seven played in the major leagues as players, though with varying degrees of success.

As a group, the seven were quite successful.  LaRussa, who managed in the majors from 1979 to 2011, managed the second largest number of games in baseball history (second to Connie Mack who owned the team that he managed) and recorded the third greatest number of victories (behind Mack and non-lawyer John McGraw).  Altogether, LaRussa’s teams won 14 division championships, six league titles (three in the National League and three in the American), and three World Series titles.

Miller Huggins, who managed the Cardinals and the Yankees from 1913 to 1929 (the year that he died), was almost as successful as LaRussa, winning six American League championships and three World Series.  (Having Babe Ruth and Lou Gehrig on his Yankee teams may have had something to do with his success.) Huggins was a graduate of the University of Cincinnati Law School where one of his professors was future United States President and Chief Justice of the Supreme Court, William Howard Taft.

In contrast to LaRussa and Huggins, Branch Rickey managed in the major leagues from 1913-1915, and 1919-1925, with no particular success—his best teams finished 3rd in 1921 and 1922.  However, as a club president and team general manager he was perhaps the most successful and most influential front office executive in baseball history.  As the inventor of the farm system and the first baseball general manager to sign African-American players, his teams in St. Louis and Brooklyn won eight league championships and four World Series titles.  Rickey was a graduate of the University of Michigan Law School, and as a law student, he supported himself by coaching the Michigan varsity baseball team.

Hughie Jennings, manager of the Detroit Tigers from 1907 to 1920, and of the New York Giants in 1924 and 1925, attended Cornell Law School, and while he left without graduating, he was subsequently admitted to the Maryland bar.  Although Jennings was never able to lead the Tigers or the Giants to a championship, as a player he was the star shortstop on five National League championship teams in the 1890’s, and, notwithstanding his lack of titles, he was the winningest manager in Detroit Tiger history until he was passed by Sparky Anderson late in the 20th century.

John Montgomery Ward, who earned a law degree from Columbia while playing with the New York Giants in the 1880’s, was one of the premiere shortstops (and at the beginning of his career, pitchers) in nineteenth century baseball.  He also managed a number of the teams that he played, serving as player-manager in 1880, 1884, and 1890-1894.  Although Ward won championships as a player, none of the teams he managed ever finished at the top of the heap. However, his teams were usually quite respectable, and he did finish second four times in the seven years that he managed.

The only lawyer-managers that did not achieve great success as managers were Jack Hendricks and Herald “Muddy”  Ruel.  Hendricks, who received his law degree from Northwestern, managed the St. Louis Cardinals in 1918 (between stints by fellow lawyers Huggins and Rickey) and the Cincinnati Reds from 1924 to 1929.  His best season came in 1926, when his Reds finished in 2nd place, behind the St. Louis Cardinals.

Muddy Ruel’s career as a major league catcher extended over a 19-year period during which he was widely regarded as one of the top defensive catchers in the game.  However, his service as a manager was relatively brief, lasting only for one year, 1947, when he managed the St. Louis Browns to a last place finish.  Although 1947, was his only year as a manager, he spent many years in the major as a coach, and he ended his career in baseball as the general manager of the Detroit Tigers in the mid-1950’s.

The success of the lawyer-managers has not gone unnoticed.  Four of the seven lawyer-managers (Huggins, Rickey, Jennings, and Ward) are already in the baseball Hall-of-Fame, and Tony LaRussa will clearly join them once he becomes eligible for induction.  (Technically, only Huggins was elected to the Hall as a manager; Rickey was chosen as an executive; and Ward and Jennings went in as players.)  Jack Hendricks’s .496 winning percentage as a manager and .207 batting average in his two major league seasons translate into a 0.0% change of ever being elected to the Hall of Fame.  Although Ruel was recognized as an outstanding defensive player who specialized in throwing out baserunners trying to steal, he seems unlikely to ever be elected to the Hall of Fame.  While his career .275 batting average was quite respectable for a catcher who played from 1915 to 1934, his four home runs in 19 years hardly shout out “Hall of Fame,” even though he did finish in the top 11 in American League Most  Valuable Player voting on three occasions

Given their lengthy careers in baseball, most of the lawyer-managers spent little time actually practicing law.  There is little evidence that Rickey, Huggins, Jennings or LaRussa spent any significant amounts of time in the courtroom or the law office.  However, after his playing days Ward went on to a long, successful career as a New York City lawyer, often representing figures in the sports industry.  Hendricks apparently did the same, and also appears to have worked as a lawyer in the off-season during his playing career which was mostly spent in the minor leagues.

Although Ruel was the least successful manager of the lawyer-managers, the Washington University Law School graduate may well have been the best lawyer of the group.   His legal acumen led Baseball Commissioner and former United States Senator Happy Chandler to appoint him as his chief assistant in 1946, and Ruel  was apparently the only one of the seven lawyer-managers ever admitted to practice before the United States Supreme Court.

On a final note, it is interesting that five of the seven lawyer-managers managed in St. Louis, directing either the Cardinals (Huggins, Hendricks, LaRussa), or the Browns (Ruel), or both (Rickey).  Apparently St. Louis is a good town for both baseball and lawyers.

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Marquette Law School’s Enduring Connection to the Sports Law Industry

As noted in an earlier post, the current issue of Marquette Lawyer magazine contains a profile of the current Marquette Sports Law program and the National Sports Law Institute. What the article fails to note, however, it that the law school’s involvement with the sports industry long pre-dates the founding of the National Sports Law Institute in 1989.

Marquette law students have gone on to careers as major league athletes and coaches; Marquette law graduates helped create the category of sports lawyer, and Marquette law professors have played important roles in the sports industry and in the creation of the academic discipline of sports law. And this was all before the Second World War.

Early in its history, when admission to the law school required less than four years of college, many Marquette law students competed on Marquette varsity sports teams, and a number of these ended up playing in the National Football League—including Green Bay Packer Hall-of-Famer LaVern “Lavvie” Dilweg, and fellow-Packers Larry McGinnis and Biff Taugher—and in the predecessor to the National Basketball League—including Frank Zummach (as a coach) and Ed “Boops” Mullen (as a player). Paul Robeson, who was never officially enrolled in the law school, reportedly studied with a Marquette law professor while playing for the NFL’s Milwaukee Badgers in the 1920’s, before he embarked on his better known careers in music, theater, and politics.

Future Congressman Ralph Metcalfe was a world class sprinter and an Olympic medal winner who also was enrolled in the law school in the 1930’s. And who can forget former Marquette law student and Hollywood actor Pat O’Brien? As a student, O’Brien unsuccessfully sought a spot on the Marquette football squad but later achieved a form of sports immortality by playing the lead role in “The Knute Rockne Story,” the film biography of the great Notre Dame football coach.

Raymond J. Cannon, a 1914 Marquette Law School graduate and a United States Congressman from 1933 to 1939, was arguably the first American lawyer to develop a sports-specific law practice, which he did in the late 1910’s and 1920’s. Cannon, also a star semi-pro baseball pitcher in Wisconsin from 1908-1922, was most famous for representing several of the so-called “Black Sox”–a group of eight Chicago White Sox players permanently expelled from Organized Baseball because of their involvement with efforts to fix the 1919 World Series–in their effort to recover unpaid salary and seek reinstatement.

Sympathetic to the plight of professional baseball players, whose occupational liberty he believed was unfairly restrained by the reserve clause, Cannon also attempted to organize a professional baseball players’ union. Called the National Baseball Players Association, Cannon’s organization was founded in 1922, while he was still much involved with the representation of the Black Sox.

Although many players from both the National and American leagues initially expressed enthusiasm for Cannon’s idea, few joined the new association, and the organization folded in 1924. Cannon’s simultaneous involvement with the Black Sox litigation and his continued representation of several of the group in the early 1920’s probably did not help matters. Most major league baseball players of that era were intimidated by the ruthlessly authoritarian tactics of baseball commissioner, Kenesaw Mountain Landis (a former Marquette Law School lecturer, discussed below), who appeared willing to ban players for life, even on the suspicion of association with gamblers.

After his involvement with the Black Sox cases ended, Cannon continued to represent legendary outfielder Shoeless Joe Jackson on a variety of matters for the remainder of his (Jackson’s) life.

Cannon’s sports-related practice also extended to boxing. In 1918, he began to work with Chicago boxing promoter, Tom Andrews, and did the legal work for a number of championship prize-fights, including Jack Dempsey matches with Fred Fulton, Jess Willard, and the Frenchman Georges Carpentier. In the early 1920’s, Cannon also became Dempsey’s personal lawyer, at a time that the fighter was the heavyweight boxing champion of the world and one of the best known celebrities in the United States. Among other services, Cannon helped Dempsey escape from an unfavorable managerial contract with John J. “John the Barber” Reiser, but his lawyer-client relationship with Dempsey ended later in the decade when he sued Dempsey for $20,000 in unpaid legal fees.

Cannon’s son, Robert C. Cannon, who graduated from the law school in 1941, was also a major figure in American sports. After a career as Milwaukee Circuit Court judge that began shortly after World War II, Cannon, a long time baseball fan, became the legal adviser and de facto director of the Major League Baseball Players Association in 1969, when he was chosen for that position after a national search by the players’ organization. Rather than resign from the bench, which he felt he would be required to do if he took a baseball salary, Cannon served for seven years as an active, but unpaid advisor to the Players Association.

Although Cannon was sometimes criticized as too sympathetic to the interests of the baseball owners to adequately represent the players, he was popular among both players and owners. In 1965, he was seriously considered for the position of Commissioner of Baseball when existing commissioner Ford Frick retired. Cannon eventually lost out to retired Air Force General William Eckert for the Commissioner position, but in 1966, he was offered and accepted the new post as full-time director of the Major League Baseball Players Association at a salary of $150,000. However, shortly after indicating he would be happy to accept the position, Cannon had second thoughts about leaving Milwaukee and his circuit court judgeship, and even though the Players Association offered to move its offices to Chicago, Cannon withdrew his acceptance. Having lost out on their first choice, the Players Association then turned to Marvin Miller. The rest, as they say, is history.

Marquette faculty members were also connected to the sports industry. The above-mentioned Kenesaw Mountain Landis taught at Marquette Law School as a lecturer in 1909 while he was a federal judge in Chicago. (He would not become Commissioner until 12 years later.) When current Commissioner Alvin “Bud” Selig joined the Marquette faculty this year as a Lecturer in Law, he filed a slot held 102 years earlier by his famous predecessor in his day job.

Elmer W. Roller, a 1923 graduate of Marquette Law School and a full-time Marquette law professor in the late 1920’s and 1930’s, suddenly became known to baseball fans all over the United States in 1965 when he almost kept the Milwaukee Braves from leaving town. (The new owners of the Braves had announced at the end of the 1964 season that they planned to be playing in Atlanta, Georgia, as early as 1966.)

As a Milwaukee County Circuit Court Judge, Roller ruled that the team’s planned relocation to Atlanta violated the Wisconsin Antitrust Act in a way that warranted injunctive relief. Roller ordered the National League to keep the Braves in Milwaukee or else replace them with another team. Unfortunately for Brew City baseball fans, Roller was subsequently overruled by the Wisconsin Supreme Court, and that decision was left standing by the United States Supreme Court in 1966.

Finally, the discipline of academic sports law really begins with two articles on the law of sports published in the Marquette Law Review in 1940 by legendary Marquette Law Professor, Carl Zollman. Although articles on the law of sports had been previously published in legal periodicals targeted to practitioners, these were the first two “academic articles” addressing sports law issues to appear in a law-school sponsored law review.

As I wrote in an earlier profile of Zollman:

Zollman’s final two law review articles, both of which appeared in the Marquette Law Review in 1940, were entitled “Baseball Peonage” and “Injuries from Flying Baseballs to Spectators at Ball Games.” The first was a study of baseball labor relations which focused on the restrictive nature of Organized Baseball’s reserve system, which Zollman actually thought was reasonable, and the second was an early examination of one of the classic problems in sports law. The two articles, particularly the first, reflect a detailed knowledge of the structure and history of professional baseball and suggest that Zollman must have been a long-time fan.

Given this history, it was entirely appropriate that the National Sports Law Institute was established at the Marquette Law School in 1989. It is too bad that so little of this history is currently acknowledged by the law school or the sports law program. Unfortunately, law schools tend to have short memories.

 

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