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Nebraska players' lawsuit seeks to restore Big Ten fall football

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Nov 3, 2012
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I will say this about Little Debbie. They sure aren't giving up on a fall football season!

The story:

By ERIC OLSON Associated Press

AUGUST 27, 2020 — 2:04PM


A group of Nebraska football players filed a lawsuit Thursday asking a jury to force the Big Ten Conference to reinstate a fall football season.

The lawsuit in Lancaster County District Court contends, among other things, the players are losing a chance for development, exposure for a possible pro career and won't be able to market themselves to eventually capitalize on name, image and likeness revenue opportunities.

The players want a court order that would keep the Big Ten from going through with its plan to push the football season to the spring. Listed as plaintiffs are Brant and Brig Banks, Alante Brown, Noa Pola-Gates, Jackson Hannah, Garrett Nelson, Ethan Piper and Garrett Snodgrass.

“This lawsuit isn't about money or damages, it's about real-life relief,” said Mike Flood, the players' attorney.

The Big Ten did not immediately respond to a request for comment.

The Big Ten announced Aug. 11 it would move its football season from fall to spring because of health risks associated with the coronavirus pandemic. The Pac-12 and other smaller leagues followed suit.

The lawsuit said the Big Ten's decision-making process was “flawed and ambiguous" and called into question whether the league's Council of Presidents and Chancellors formally voted on the decision. The medical studies used to make the decision, the lawsuit says, were not relevant to the circumstances of college-age athletes and did not take into account school safety measures.

“Sadly, these student athletes have no other recourse than filing a lawsuit against their conference,” Flood said. “The presidents and chancellors of these universities have taken inconsistent positions about whether there was a vote, and they have largely failed to explain what positions they took.”

Flood also represents a group of Nebraska football parents that last week sought documents and other materials related to the Big Ten decision. Flood, a former speaker of the Nebraska Legislature, owns five radio stations that broadcast Cornhuskers football games as part of the Husker Sports Network.

Last week, Flood sent a letter to commissioner Kevin Warren asking for documents relating to any votes taken, how each school voted, meeting minutes and all audio and video recordings and transcripts of meetings where votes were cast. He also wanted copies of studies, scientific data and medical information or advice considered by the presidents.

Flood had threatened a federal lawsuit if the materials weren't delivered to him.
 
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By ERIC OLSON Associated Press

AUGUST 27, 2020 — 2:04PM


A group of Nebraska football players filed a lawsuit Thursday asking a jury to force the Big Ten Conference to reinstate a fall football season.

The lawsuit in Lancaster County District Court contends, among other things, the players are losing a chance for development, exposure for a possible pro career and won't be able to market themselves to eventually capitalize on name, image and likeness revenue opportunities.

The players want a court order that would keep the Big Ten from going through with its plan to push the football season to the spring. Listed as plaintiffs are Brant and Brig Banks, Alante Brown, Noa Pola-Gates, Jackson Hannah, Garrett Nelson, Ethan Piper and Garrett Snodgrass.

“This lawsuit isn't about money or damages, it's about real-life relief,” said Mike Flood, the players' attorney.

The Big Ten did not immediately respond to a request for comment.

The Big Ten announced Aug. 11 it would move its football season from fall to spring because of health risks associated with the coronavirus pandemic. The Pac-12 and other smaller leagues followed suit.

The lawsuit said the Big Ten's decision-making process was “flawed and ambiguous" and called into question whether the league's Council of Presidents and Chancellors formally voted on the decision. The medical studies used to make the decision, the lawsuit says, were not relevant to the circumstances of college-age athletes and did not take into account school safety measures.

“Sadly, these student athletes have no other recourse than filing a lawsuit against their conference,” Flood said. “The presidents and chancellors of these universities have taken inconsistent positions about whether there was a vote, and they have largely failed to explain what positions they took.”

Flood also represents a group of Nebraska football parents that last week sought documents and other materials related to the Big Ten decision. Flood, a former speaker of the Nebraska Legislature, owns five radio stations that broadcast Cornhuskers football games as part of the Husker Sports Network.

Last week, Flood sent a letter to commissioner Kevin Warren asking for documents relating to any votes taken, how each school voted, meeting minutes and all audio and video recordings and transcripts of meetings where votes were cast. He also wanted copies of studies, scientific data and medical information or advice considered by the presidents.

Flood had threatened a federal lawsuit if the materials weren't delivered to him.

Good for them. GBR, I guess. Lol
 
I will say this about Little Debbie. They sure aren't giving up on a fall football season!

The story:

By ERIC OLSON Associated Press

AUGUST 27, 2020 — 2:04PM


A group of Nebraska football players filed a lawsuit Thursday asking a jury to force the Big Ten Conference to reinstate a fall football season.

The lawsuit in Lancaster County District Court contends, among other things, the players are losing a chance for development, exposure for a possible pro career and won't be able to market themselves to eventually capitalize on name, image and likeness revenue opportunities.

The players want a court order that would keep the Big Ten from going through with its plan to push the football season to the spring. Listed as plaintiffs are Brant and Brig Banks, Alante Brown, Noa Pola-Gates, Jackson Hannah, Garrett Nelson, Ethan Piper and Garrett Snodgrass.

“This lawsuit isn't about money or damages, it's about real-life relief,” said Mike Flood, the players' attorney.

The Big Ten did not immediately respond to a request for comment.

The Big Ten announced Aug. 11 it would move its football season from fall to spring because of health risks associated with the coronavirus pandemic. The Pac-12 and other smaller leagues followed suit.

The lawsuit said the Big Ten's decision-making process was “flawed and ambiguous" and called into question whether the league's Council of Presidents and Chancellors formally voted on the decision. The medical studies used to make the decision, the lawsuit says, were not relevant to the circumstances of college-age athletes and did not take into account school safety measures.

“Sadly, these student athletes have no other recourse than filing a lawsuit against their conference,” Flood said. “The presidents and chancellors of these universities have taken inconsistent positions about whether there was a vote, and they have largely failed to explain what positions they took.”

Flood also represents a group of Nebraska football parents that last week sought documents and other materials related to the Big Ten decision. Flood, a former speaker of the Nebraska Legislature, owns five radio stations that broadcast Cornhuskers football games as part of the Husker Sports Network.

Last week, Flood sent a letter to commissioner Kevin Warren asking for documents relating to any votes taken, how each school voted, meeting minutes and all audio and video recordings and transcripts of meetings where votes were cast. He also wanted copies of studies, scientific data and medical information or advice considered by the presidents.

Flood had threatened a federal lawsuit if the materials weren't delivered to him.

Noa Pola?
 
Perhaps...and this could be just crazy talk....but perhaps their anger, finger-pointing, name-calling...and some half-azzed lawsuit should start with their own University of Nebraska...as it was their own Nebraska Chancellor, representing the University of Nebraska (that includes AD, Frost and players) that voted yes voted to postpone the season.

If there is a need for transparency...it starts at each University.....not just Warren.

Also, the Nebraska AD...Moos, just a day or two prior to the season announcement was quoted as saying in regards to fan allowed into stadium (after Iowas announced a small crown limitation...at least trying to do their part)....Moos says he wasn't sure yet if Nebraska would be at 50,000, 75,000 or full capacity!!.....for Crist Sakes, statements like that feed into the decision makers conversations that they need to just postpone things until the Virus is more stabilized...and that people like Nebraska's Moos realize that they are not special or above it all.
 
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Perhaps...and this could be just crazy talk....but perhaps their anger, finger-pointing, name-calling...and some half-azzed lawsuit should start with their own University of Nebraska...as it was their own Nebraska Chancellor, representing the University of Nebraska (that includes AD, Frost and players) that voted yes voted to postpone the season.

If there is a need for transparency...it starts at each University.....not just Warren.

Also, the Nebraska AD...Moos, just a day or two prior to the season announcement was quoted as saying in regards to fan allowed into stadium (after Iowas announced a small crown limitation...at least trying to do their part)....Moos says he wasn't sure yet if Nebraska would be at 50,000, 75,000 or full capacity!!.....for Crist Sakes, statements like that feed into the decision makers conversations that they need to just postpone things until the Virus is more stabilized...and that people like Nebraska's Moos realize that they are not special or above it all.

The stories I've read seemed to indicate Nebraska was among the schools voting to play, with Iowa and perhaps a couple of others.

If nothing else, I hope the lawsuit forces the Big 10 to share how the decision was made. I am pretty certain the details of that would not result in a favorable view of the conference.
 
File the lawsuit against COVID-19. It is, after all, the culprit here. Or maybe file a lawsuit against the man who called it a "hoax" and who has done nothing, other than obstruct and lie, to contain it. Had he done his job, we'd almost certainly have football now, and life in general would be much closer to normal.

Bash Kevin Warren all you want. And I agree that the PR part of the Big Ten decision has been pathetic, but the Pac 12, the MAC, the Ivy League, most medical experts, and most people with the ability to be intelligent and reasonable understand why so many conferences are not playing football this fall. It's not difficult to get it. But you do have to try. One place to begin would be to read the Sports Illustrated thread which explains that, because of the serious and uncertain long-term consequences of COVID- 19, most experts would not play football this fall . . . not even for $10 million in the NFL. Believe what you want. Your beliefs have no impact on reality. It is, in fact, what it is.
 
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Who is paying this lawyer? Working on future earning of the kNebby players going pro?

why the hell does it matter who is paying the bill...could be the parents but its probably pro bono to win favor with the people of the state who all seemed aligned in wanting to play with the other conferences this fall.

i get it that there is some real and/or contrived rivalry...but the reality is that in this crazy time nebraska and iowa players and fans seem aligned toward playing football in fall. lets take a break from hating and work on getting the games going.
 
Good job, time to stand up to the idiots in charge
In a way, the players stand in proxy for all those who feel frustrated by the B10's decision to postpone and harbor a strong desire to play football in the Fall. Totally understandable. Unfortunately, from a legal perspective, its a lost cause IMO.
 
why the hell does it matter who is paying the bill...could be the parents but its probably pro bono to win favor with the people of the state who all seemed aligned in wanting to play with the other conferences this fall.

i get it that there is some real and/or contrived rivalry...but the reality is that in this crazy time nebraska and iowa players and fans seem aligned toward playing football in fall. lets take a break from hating and work on getting the games going.

Interestingly, the lawyer has a monetary interest in playing football. Owns radio stations that broadcast Husker football.
 
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I will say this about Little Debbie. They sure aren't giving up on a fall football season!

The story:

By ERIC OLSON Associated Press

AUGUST 27, 2020 — 2:04PM


A group of Nebraska football players filed a lawsuit Thursday asking a jury to force the Big Ten Conference to reinstate a fall football season.

The lawsuit in Lancaster County District Court contends, among other things, the players are losing a chance for development, exposure for a possible pro career and won't be able to market themselves to eventually capitalize on name, image and likeness revenue opportunities.

The players want a court order that would keep the Big Ten from going through with its plan to push the football season to the spring. Listed as plaintiffs are Brant and Brig Banks, Alante Brown, Noa Pola-Gates, Jackson Hannah, Garrett Nelson, Ethan Piper and Garrett Snodgrass.

“This lawsuit isn't about money or damages, it's about real-life relief,” said Mike Flood, the players' attorney.

The Big Ten did not immediately respond to a request for comment.

The Big Ten announced Aug. 11 it would move its football season from fall to spring because of health risks associated with the coronavirus pandemic. The Pac-12 and other smaller leagues followed suit.

The lawsuit said the Big Ten's decision-making process was “flawed and ambiguous" and called into question whether the league's Council of Presidents and Chancellors formally voted on the decision. The medical studies used to make the decision, the lawsuit says, were not relevant to the circumstances of college-age athletes and did not take into account school safety measures.

“Sadly, these student athletes have no other recourse than filing a lawsuit against their conference,” Flood said. “The presidents and chancellors of these universities have taken inconsistent positions about whether there was a vote, and they have largely failed to explain what positions they took.”

Flood also represents a group of Nebraska football parents that last week sought documents and other materials related to the Big Ten decision. Flood, a former speaker of the Nebraska Legislature, owns five radio stations that broadcast Cornhuskers football games as part of the Husker Sports Network.

Last week, Flood sent a letter to commissioner Kevin Warren asking for documents relating to any votes taken, how each school voted, meeting minutes and all audio and video recordings and transcripts of meetings where votes were cast. He also wanted copies of studies, scientific data and medical information or advice considered by the presidents.

Flood had threatened a federal lawsuit if the materials weren't delivered to him.

Damn it!!!! I hate being on the same side as Frost.
 
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It's not safe to play in Iowa City. It's only safe to play in Ames. Why is this so hard to understand? Oh yeah, because it's dumb.

And ISU has one of the higher case rate for COVID. Why the U Prez there is putting the clamp down on the kiddies if they misbehave. Threatening to kick them out.
 
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File the lawsuit against COVID-19. It is, after all, the culprit here. Or maybe file a lawsuit against the man who called it a "hoax" and who has done nothing, other than obstruct and lie, to contain it. Had he done his job, we'd almost certainly have football now, and life in general would be much closer to normal.

Bash Kevin Warren all you want. And I agree that the PR part of the Big Ten decision has been pathetic, but the Pac 12, the MAC, the Ivy League, most medical experts, and most people with the ability to be intelligent and reasonable understand why so many conferences are not playing football this fall. It's not difficult to get it. But you do have to try. One place to begin would be to read the Sports Illustrated thread which explains that, because of the serious and uncertain long-term consequences of COVID- 19, most experts would not play football this fall . . . not even for $10 million in the NFL. Believe what you want. Your beliefs have no impact on reality. It is, in fact, what it is.

Where you moving to if Trump wins again? Would like to get you on the record.

Trump gonna make the kiddies not gather in college towns? Democratic Governors and Mayors aren't stopping rioting, so is that Trumps fault they won't do their jobs????
 
I understand that they want to play and want to try their best to make that happen… But I don’t quite understand what they think they will achieve with this lawsuit.

it’s not like a judge can tell 14 universities that they have to let/force their players compete.

Edit: thinking about this for another minute, I suppose the best they could achieve would A ruling that the Big Ten has to allow them to compete independently for the season. But I would imagine at this point, it would be almost impossible for them to put together a schedule.
 
I understand that they want to play and want to try their best to make that happen… But I don’t quite understand what they think they will achieve with this lawsuit.

it’s not like a judge can tell 14 universities that they have to let/force their players compete.

Edit: thinking about this for another minute, I suppose the best they could achieve would A ruling that the Big Ten has to allow them to compete independently for the season. But I would imagine at this point, it would be almost impossible for them to put together a schedule.

Judges tell people and entities they have to do stuff all the time. I have no idea if the schools have any standing here, that's what the legal process will determine.
 
Judges tell people and entities they have to do stuff all the time. I have no idea if the schools have any standing here, that's what the legal process will determine.
Seems pretty obvious that the B10 schools would have legal standing. Not sure what you mean.
 
Seems pretty obvious that the B10 schools would have legal standing. Not sure what you mean.

should have re-phrased, meant the 8 players suing. Week is too long. Yes, that would be something if a school were to sue the conference. That would be a cataclysmic event, don't think any school is going to do that.
 
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Perhaps...and this could be just crazy talk....but perhaps their anger, finger-pointing, name-calling...and some half-azzed lawsuit should start with their own University of Nebraska...as it was their own Nebraska Chancellor, representing the University of Nebraska (that includes AD, Frost and players) that voted yes voted to postpone the season.

There's been no indication Debbie voted to postpone. In all likelihood, exactly the opposite.
 
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I understand that they want to play and want to try their best to make that happen… But I don’t quite understand what they think they will achieve with this lawsuit.

it’s not like a judge can tell 14 universities that they have to let/force their players compete.

Edit: thinking about this for another minute, I suppose the best they could achieve would A ruling that the Big Ten has to allow them to compete independently for the season. But I would imagine at this point, it would be almost impossible for them to put together a schedule.

There suit is not to force the conference to begin play but for the them to release how they made the decision. Meeting minutes, voting results, materials presented, etc.. Sure the goal is to play, but that is not what they are suing over.

Based on the reports that the conference is discussing starting this fall, makes you wonder if they fear that the court will order them to release the records. We know Barta came out yesterday saying he didn't like the "tactics". Which could be interpreted that they didn't follow their own rules.
 
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Judges tell people and entities they have to do stuff all the time. I have no idea if the schools have any standing here, that's what the legal process will determine.

So . . . this attorney essentially writes the equivalent of a FOIA letter to the B1G conferences in Chicago when (a) the B1G isn't subjected to Illinois public records requests laws and (b) he didn't even go through the right process to make a public records request. He then threatens the B1G with a lawsuit in federal court if the B1G doesn't respond to his record request in about a 96 hour window (half of which is on a weekend).

Instead of pursuing a lawsuit in federal court, he files in state court. Although I haven't read the Complaint, it appears that he is trying for some type of injunctive relief in an effort to get the season to start on time.

Judges tell people and entities to do things when there is legal merit to the claims. There is zero chance . . . ZERO chance . . . that this lawsuit has any legs whatsoever. Good luck convincing even a Nebraska state court (if the B1G doesn't have the ability to remove from state court to federal court) that the B1G Presidents and Chancellors don't have the power to cancel Fall sports.

Grandstanding. Pure grandstanding.
 
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Having attended both Iowa and Nebraska, I like where this is going. For those of you filled with hatred for Nebraska, step back, breathe! We’re in this fight together! ...Kevin Warren needs to pack his bags and not buy a house in Chicago. The guy has shown impotent leadership and is a disaster in the PR & Communications department. An absolute cluster. How did he get this far??!


Shatel: Nebraska is now a leader in the Big Ten, at least off the field
By Tom Shatel World-Herald staff writer
1 hr ago

It’s a good thing Nebraska wasn’t kicked out of the Big Ten.

Or maybe it’s not. Depends on which side of the Big Ten debate you’re on.

Nebraska has put itself in the middle of the debate. And that’s a big story within the story.

In 10 years of Big Ten football, Nebraska has been a nonfactor. The highlight is one division title, which led to one conference title game blowout. On the football field, the Huskers have been basically invisible.

Suddenly, in one month, Nebraska has become a major player in the Big Ten.

Fearless. Aggressive. Strong.

Nebraska challenged the idea of the league shutting down fall football — twice. And while the administration backed off, that wasn’t the end. Not hardly.

Nebraska football parents, along with Iowa and Ohio State, pressed the Big Ten office for answers and transparency. The Husker parents rallied other schools’ parents. Then came the major move last week.


Eight Husker players, buoyed by a local attorney, filed a lawsuit against the conference.

Think about the idea of a Big Ten school suing the league. That’s some guts. Imagine how it landed around the league.

Now look at the result: The Big Ten suddenly talking about starting a football season Thanksgiving Weekend.

Coincidence? No way.

Nebraska has garnered respect and fans around the league, starting with the most powerful brand in the Big Ten.

“There are a lot of people at Ohio State who are Cornhusker fans,” said Bobby Carpenter, a former Buckeye and NFL linebacker who has a sports talk show in Columbus, Ohio.


“For pushing back and showing that, hey, let’s see if we can find a pathway to play and if other people can join us. Let’s do it.”

At a rally outside Ohio Stadium on Saturday, Gee Scott Sr., the father of a Buckeye player, told the crowd, “I think Nebraska and their fans are out here doing the Lord’s work.

“I thought about wearing a Nebraska hat. It’s a beautiful thing when you have conferences that work together.”

Now, understand that the University of Nebraska did not sue the Big Ten. But NU did not try and stand in the way, either.

This bold move made sense in this way: Nebraska, still relatively new to the league, is not as entrenched or loyal. NU is not afraid of the Big Ten office.

And with the current vulnerable state of Big Ten leadership, that makes more sense.


The end game of the suit was to rattle some cages at the presidential level. There was a simple aim: Have the CEOs say whether there was a vote. Expound on their reasoning and medical data. Offer some transparency to the process of calling off a football season.

The cages were considered rattled when the Big Ten’s attorney, Andrew Luger, said, “the harm would be incredible” if the board of directors’ (presidents) documents were released to the public.

That made it only seem more like the presidents had something to hide.

On Thursday night, the Milwaukee Journal-Sentinel had the story about possibly moving the football season up to Thanksgiving. On Friday, multiple national outlets were reporting the same thing.

Call it a coincidence. I say it looks more like the presidents are so protective of what might come out in a court discovery that they are willing to throw the parents and players a concession.


We shall see what happens. But this story is moving quickly again and Nebraska has been a major impetus.

“I don’t think anything was done appropriately in that meeting,” Carpenter said of the Big Ten presidents’ decision.

“And once you get a freedom of information act on that, you’ll find that A.) they didn’t really have a formal vote, which is ridiculous, and B.) you’re going to see the minutes and what some of the presidents were saying and they’ll be in trouble.

“They’re paranoid right now.”


The confusion about the vote is surprising. The Big Ten prides itself on being a student of history and tradition. High-level votes are part of both in the league.

When Michigan State joined the Big Ten in 1950, there was a vote by all nine schools. Carpenter says the vote was 5-4, with OSU providing the decisive vote, though at the time, the Big Ten announced the vote was a unanimous 9-0.

Then came the historic vote after the 1973 Ohio State-Michigan tie to decide who would go to the Rose Bowl. That vote was 6-4 in favor of the Buckeyes.

That was the most famous vote in Big Ten history — well, until this one. If there was a vote.

“This is a major decision and these are public employees,” Carpenter said.

Nebraska’s suit rekindled the fire around the league, Carpenter said, adding, “I don’t think it’s going to subside anytime soon. If anything, it’s going to be heightened as the other leagues begin to kick off.”


How did we get here?

A story last week in Sports Illustrated’s “Wolverine Digest” revealed some interesting thoughts.

The story quoted a Michigan source as saying, “there was a surprising lack of awareness” among Big Ten presidents that there would be pushback from around the league on their decision. The story also said Commissioner Kevin Warren was so eager to please his new bosses that he went along with them rather than being an advocate for the athletic directors and football programs.

Wolverine Digest’s Michigan and Big Ten sources said the Big Ten presidents assumed the Pac-12 and ACC would fall in line with its decision. Why the ACC? Because some of the leaders of ACC’s academic powers assured them they would.

But the story said Notre Dame (which was going to be an ACC member in football this fall) became an obstacle by pushing hard for football — and offering future games with ACC opponents in exchange for the ACC playing this fall.


When the ACC said it was playing, the Big 12 and SEC joined in.

How about that? Notre Dame foiled the Big Ten.

The SI story said that the Big Ten presidents miscalculated the pushback from its own schools and fan bases.

That made me smile.

This observer has long thought the Big Ten didn’t care enough about football. The pushback around the league — and the support for Nebraska’s actions — has offered another view.

“It’s a very football-centric region, like most of middle America,” Carpenter said. “These schools are massive, over 30,000-40,000 students. So there’s a lot of people who care about football.

“There are about six or seven schools where football is paramount to the university. It’s their best marketing tool. It’s what they’re known for, much to the chagrin of these presidents.”


Carpenter added, “Football matters more to the SEC with the people at the university and inside of it. The Big Ten has always said, ‘Football is important to us, but we’re above that. We’re elite academic institutions.’ Which is true.

“In the fans’ eyes, that’s all good, but most important to us is the satisfaction we get from watching our team on Saturdays. It was underestimated severely by these presidents and Kevin Warren.”

No matter what happens this fall, the Big Ten has a long road ahead. It feels fractured.

Who mends that? Who’s in charge? Former Commissioner Jim Delany was the man. But now the presidents seem to have stepped up. And Warren, in his first year, has been damaged.

“It will be interesting to see if this is salvageable for (Warren) because he’s completely mishandled the situation,” Carpenter said. “He misread the situation to where he thought he could build a consensus with the presidents and the rest of the conference would go along.


“I’m not one to push out commissioners. But if there’s any other issues shortly after this, I think he will be a very short-term commissioner.”

One long-term effect, however this comes out, is Nebraska will be viewed around the league through a different lens. That image on the field is a work in progress. What NU has done off it has brought with it a new respect.

“I think that’s definitely true,” Carpenter said. “They were the impetus for a lot of this stuff happening. They showed the first crack in the Big Ten’s armor. That opened it up and people started trying to peer down that hole and saw the inner workings of what was going on.

“Most people in the Big Ten were glad that Nebraska came out and did that. There was no basis for anyone saying they should kick them out of the league. That was ridiculous.”


Quite the contrary, Nebraska has never felt more “in.”
 
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