James M. Redwine

COVID

Not Rocket Science

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The Rule of Law is not the stuff of artificial intelligence and differential equations. It is not about the James Webb telescope that may help disclose where and when we came from. It is not about a cure for COVID. No, the Rule of Law is far more complex, and perplexing, than any of those things. However, if properly applied, the Rule of Law can help us understand and deal with these challenges and others.

Law sounds simple. Treat others the way you wish to be treated. Respect the person and property of others. These principles are easy to say but thousands of years of human history prove they are extremely difficult to apply. Our Declaration of Independence sets out the basics of our legal system, “…[A]ll men are created equal,” and all men have the right to life, liberty and the pursuit of happiness. When Thomas Jefferson penned those simple ideals he owned slaves, and had children he did not acknowledge by at least one of those slaves. Also, women could not vote and the property rights of Native Americans were not even an afterthought. Were Jefferson and the rest of the 1776ers evil? No, they were human. We call these concepts ideals because the realities are nearly impossible to achieve. That is why we need the Rule of Law, to encourage us to try.

Our Constitution sets forth America’s aspiration to form a more perfect union. Surely none of our Founders was naïve enough to believe perfect self-government was achievable. That is not why goals are set. Just as it is the struggle of life that can separate us from all other animals and, perhaps from some humans, it is government’s role to help us strive for perfection. We have often fallen short and we always will. But just as we are fighting the war on COVID in fits and starts we can face our past failures in how we have behaved and strive to be better. There will never be a cure for our occasional imperfect collective missteps. That is why we need to acknowledge our past failures and seek to avoid future sins. We should do this together.

In her book, On the Courthouse Lawn, Sherrilyn Ifill points out the irony of many lynchings being carried out by large numbers of a community right at the seat of justice, the county courthouse. Also, our courthouses are often the site where the legal system has been used to deny human rights, such as through the separation of Native American families and establishment of some guardianships that led to murder.

Community recognition of these subversions of the Rule of Law is important. Monuments that show society admits its wrongs, even if long past, can help people heal and avoid new injustices.

Name, Image, Likeness

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As of July 02, 2021 the NIL of collegiate athletes are no longer the property of their school and the National Collegiate Athletic Association. Each student athlete, depending upon many factors such as the laws of the state where their school is located, may sell his or her fame to the highest third-party bidder. Colleges may provide stipends designed to “enhance education” but may not pay athletes to play. However, third parties such as wealthy boosters as well as corporations may.

Until six months ago it was an unpardonable sin for amateur athletes to be caught acting as though they owned their own financial souls. In the land of the free and the home of individual liberty, beginning in 1906 when the NCAA was founded, Big Brother was in charge of amateur athletics, especially at the collegiate level. Of course, Americans being Americans, countless ways were found to transgress the rules without paying any price. The unpunished sins of many were paid for by the examples made out of a few, the greatest amateur athlete in the world for one.

Jim Thorpe was a Native American born on the Sac Fox Nation in Indian Territory (Oklahoma) in 1887. Thorpe was taken from his family when he was ten years old and sent to Haskell Indian Institute in Kansas then at age sixteen to Carlisle Indian Institute in Pennsylvania. During parts of the summers of 1909 and 1910 Thorpe was paid $2.00 per game to play semi-professional baseball. In the Olympics of 1912, where baseball was not an event, Thorpe won gold medals in both the pentathlon and decathlon. The 1912 Olympics were held in Stockholm, Sweden. Sweden’s King Gustav V in awarding the medals to Thorpe said to him, “Sir you are the greatest athlete in the world.” In 1913 the Olympic Committee took Thorpe’s medals away from him and expunged his records because of his semi-pro baseball participation. The medals were returned to Thorpe’s family in 1983, thirty years after Thorpe’s death. I guess it is true, “Timing is everything”. Had Thorpe won his medals after July 01, 2021 no sin would have been assessed. In fact, under the new NIL rules Thorpe would have probably made millions, legally, while still an “amateur”.

The management of NIL and amateur athletics in schools now falls under the same entities that have been charged with addressing COVID. The federal government, each state, counties, cities and schools have a say and a role. What could go wrong?

While it is the right thing to finally put the ownership of an athlete’s Name, Image and Likeness where it belongs, with the athlete, there will undoubtedly be much to consider. Some will be good. For example, my alma mater, Indiana University, has labored in the football vineyards unsuccessfully for years. But one of IU’s alumni is billionaire Mark Cuban who is a rabid IU fan. I say “Go, Mark!” And Harvard, not known for football for a hundred years, has celebrated drop-outs, Bill Gates and Mark Zuckerberg. Do you think the honorary doctorate committee may take note? Then there is Princeton alum, Jeff Bezos, America’s wealthiest possible booster. What Jeff did for Amazon perhaps he can do for Princeton athletics. After all, Princeton played in the first college football game against Rutgers in 1869. Renewed glory may await if NIL swag can be offered and the transfer portal can be properly greased.

And please let me say I am fully in favor of everyone being the sole owner of their own NIL. If athletes can market themselves, my only objection is that my high school sports career was of no value to anyone. I believe capitalism and individual liberty is a good system. And if chaos at the top of college sports caused by NIL is good for college sports and if money in the hands of alumni is the mother’s milk of NIL, the future of college sports looks exciting.

My position is athletes should have control over their own images. And call me cynical, but I believe imaginative schools and boosters can find ways to categorize practically anything from books to private jets as “educationally enhancing”.

As for regulating NIL and putting that regulation in the hands of the same people who for the past two years have attempted to address COVID, I say, “Please leave it alone, let the free-market system work it out”. However, I am a little concerned with the effect collegiate NIL laissez-faire competition might have on amateur sports below the college level. When Tee Ballers start threatening to enter the Little League Transfer Portal unless their parent coach provides a new bicycle, we may need some way to reign things in.

Bowled Over

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Photo by Peg Redwine

Much as the Summer Solstice ushers in the ennui of torturously less daylight each day, as each of the forty-four college football bowl games is completed the dark pall of life without football forces us to put down our beer, get off the couch and go back to work. I accept that COVID is a significant issue but so is mental health. And one of America’s best palliatives for depression in the gray days of winter is watching other people risk their well-being on the football field.

The first college football game was played on November 06, 1869 between Rutgers and Princeton in New Jersey; one hundred people attended the game that Rutgers won 06-04. The first college bowl game was the Tournament of Roses’ East-West game (The Rose Bowl) played on January 01, 1902 between the University of Michigan Wolverines and the Stanford University Cardinal; there were eight thousand-five hundred spectators. Michigan won 49-0 and Stanford quit with eight minutes left to play. That first bowl game was initiated to increase interest in Pasadena, California as a tourist destination and to market the surrounding area and its products. All bowl games since that first one have had similar goals. The outcome of the games is not of paramount concern to most.

The attendance at such highly hyped events as the Tailgreeter Cure Bowl between Coastal Carolina University and Northern Illinois University on December 17, 2021 is indicative of the lack of fanaticism at most bowl games; 9,784, about the same number of fans who showed up for that first Rose Bowl. The bodies in the stadiums at bowl games are not the targets, eyeballs on TV advertising and promotion of each venue are.

As for the schools and players involved, they may have analogous goals. The colleges want to showcase their products and make some money and some players have hopes of enhancing their football futures either as players, coaches or announcers. In other words, the first bowl game was for exhibition purposes and, except for the payout by major sponsors to each school, that is still the overriding rational.

With that in mind I have a few suggestions on how we can incorporate the goals of all involved, or watching, with the ever-expanding number of college bowl games. As I mentioned earlier, we already have 44 bowls. It would require an addition of only 8 more to be able to have one bowl game every week of the year. Surely such eager potential sponsors as Bitcoin or China would pony-up for a chance to showcase their greatness. Maybe a bidding war could be encouraged between Jeff Bezos and Mark Cuban or Elon Musk and Mark Zuckerberg. Israel and Iran could promise to dismantle their nuclear ambitions and sell their peaceful intentions via commercials. Surely Facebook and TikToc would want to play.

One might wonder how one extra, exhibition-type game could be woven into a school’s regular football schedule. From the quality of play of most bowl games and with countless players opting to sit out, it is apparent that just showing up for one more Saturday should not be a problem. When my friends and I played Friday night football it was not unusual for some of us to show up the following Saturday morning for an impromptu, unorganized sandlot game just because. A lot of bowl games have a similar feel.

This system would expand college football perpetually and solve the ego problem for such “sponsors” as Jimmy Kimmel who endowed the Jimmy Kimmel LA Bowl. America could probably easily come up with underwriters such as Donald Trump and Alexandria Ocasio-Cortez. Heck, I humbly suggest the Jim Redwine Armadillo Bowl might draw a nod or two and Peg and I will kick in fifty bucks apiece if that would suffice. We could host it in a pasture at JPeg Osage Ranch if the resident varmints do not too strongly object and if fans do not mind sitting on the ground. TV rights could be negotiated.

Cabin Fever

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It is official. Peg and I have the fever. No, not that new-fangled COVID fever, but the original fever spoken of in Genesis, Cabin Fever. Why God could not leave well enough alone I do not know. After six days of hard work, He sat back, “And God saw everything that he had made, and behold it was very good” (Genesis, Chapter 1, verse 31). I guess “very good” was not good enough because after one day of rest God noticed, … “[T]here was no man to till the ground” (Genesis, Chapter 2, verse 5). For all those Biblical scholars, such as my sister, who posit God is actually female, this is strong support for their position. A perfect world could be made more perfect if there were a man to do work around the Garden of Eden.

Of course, Adam could not just lounge around grazing on all but one of Eden’s delights and enjoying eternal life, God had to give him Eve so there would be someone to point out this perfect world needed countless repairs and maintenance, sort of like our little log cabin on the prairie. The week before Christmas brought COVID’s resulting Cabin Fever boiling to the surface at JPeg Osage Ranch.

I do not know how the perfect home Peg fell in love with three years ago magically transformed into a property that constantly requires immediate repair. All I know for sure is I am much more adept at leisure than labor and Peg sees it as her wifely duty to save me from that condition. After all, it was Eve’s sin that brought man’s punishment of work into our lives.

Starting with COVID’s first reported cases in December 2019, Peg and I have gradually adapted from a life of travel, interaction with friends and family, concerts, movies, ball games and dining out to a world with only one other person in it. We have each developed coping skills to handle what may be a life sentence of one-couple isolation. I have reasonably and considerately allowed Peg her own space to do as she pleases such as laundry, housework, juggling family finances via the internet and gardening; there’s that Eve legacy again. Peg on the other hand seems to have a visceral reaction to my approach which is to memorize cable news reports and change sweatsuits occasionally. Hey, I do not concern myself with her choices.

Two years of Cabin Fever finally erupted into full-blown crisis this past weekend when Peg noticed a tiny water leak in the bathroom. It would not have rotted through the floor for quite some time and that is what I politely told her. Well, her reaction was not fit for a column in a family newspaper. She demanded I turn off the fascinating program I was watching on archeological discoveries in the Bermuda Triangle and loudly said, “Do Something!”. Something turned into one full day of me attempting to understand the mysteries of plumbing then another two days of going without the use of the bathroom and waiting for a plumber who told us, “It’s hopeless after your input, now everything will have to be replaced. That will be $100 for analysis of the problem, $200 for parts and $300 for labor. Of course, that’s just an estimate; it will be more if you insist on helping.” When the plumber left, I calmly pointed out to Peg that for the price of a few wet rags we could have saved all the bother for some time. Again, her response was not printable.

So here we are in our own little Garden of Eden waiting for someone to cure COVID and perhaps return us to the halcyon days of yore. One positive thing is, since Peg is not talking to me, I can finish the entertaining program I’m now watching on the mating dances of fruit flies without interruption and without Peg’s demand that something must be fixed, “Right Now!”.

By the way, I hope you had a Merry Christmas and that you and yours have a COVID-free New Year. As for Peg and me, I can only wish for at least an occasional maintenance-free week or two during the long dark period between the Super Bowl and the start of the 2022 football season.