Thursday 31 December 2015

Friday fracking video


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2015 Blue NC stories picked up by Daily Kos

A few years ago, Meteor Blades at Daily Kos started a weekly diary recognizing efforts by progressive state blogs on the front page at Kos, putting those diaries in front of thousands of readers. And our efforts here are frequently included:

At bluenc of North Carolina, scharrison writes—GOP tax reform: Lose your home to foreclosure, and then pay taxes on it: They have absolutely no shame: "One of the other provisions in the legislation would startlingly hurt homeowners struggling with foreclosure by counting as income any portion of their mortgage debt forgiven by a lender.

Sen. Tamara Barringer, a Republican, bucked her leadership and voted against the bill because of the change, telling the News & Observer, “these are people that have lost their homes. Are we going to tax them when they’re trying to get back on their feet?” Apparently the answer from Senate leaders is yes. There were no hearings on that part of the gas tax bill, no discussion with mortgage lenders or people who work with struggling homeowners.

Even if you don't frequent Daily Kos, you should bookmark this tag and keep up with this series. It's good to know there are smart progressive bloggers in other states, struggling with issues just like we are. Here are some more crossposts from 2015:


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Happy 10th Birthday BlueNC

DAG McCrory's prognosis: Toast or toasted in victory?

Our pal Bob Geary thinks it's a done deal:

From a progressive standpoint, his record is a disaster made worse—for McCrory's purposes—by the fact that he's so often been a hapless bystander when Republican bills were speeding to enactment. But let's face it. For every voter who thinks Republican policies are killing the state, there's another who thinks the opposite—and who believes that a governor who does nothing is doing what he ought to do.

What will make the difference, I predict, are the host of small scandals and brewing screw-ups that surround McCrory. They will mark him, finally, as the kind of corrupt, Republican-establishment traitor so despised by the angry tea-party crowds backing Ted Cruz and Donald Trump. Corrupt and—in Trump lingo—low-energy. Plus, "stupid."

It defies logic, of course. The policies that have harmed so many of our people should be the deciding factor. But as we've seen in the past, NC voters soon forget the pain of their neighbors, but don't forget the stink of corruption and shady dealings. Another strike against McCrory is the loss of crossover votes. The first time around, way too many Democrats (17%?) thought they would be getting moderate, metropolitan Mayor Pat, but that myth is long dead. So is having a lukewarm opponent. Here's a quick test: Without resorting to Google, who was his Democratic opponent? Come on, it was only three years ago! Answer below the fold:


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NC State football: This is fine? It could be fine, but then again it might not be fine

The Wolfpack just got blown out in the Belk Bowl, so I'm just gonna pour out some scattershot nonsense. Here goes...

As much as we might have felt like the Bitcoin Bowl win over Central Florida was a momentum-builder for the NC State football program, it's hard to ignore how deflating it was to watch the Wolfpack get blown out by Mississippi State in the Belk Bowl.

There's no accounting for certain heavily luck-based plays, but there's also no denying that the Bulldogs had a much better team. It's a harsh realization but also a reminder that NC State is still for the most part very young. Jacoby Brissett did a hell of a lot to prop this team up over the last two seasons, despite his faults.

Now that Brissett is on his way out, it's fair to experience a bit of existential panic about the next phase for this program. The Wolfpack has a good foundation in places--at DL, at corner, at TE, at Jaylen Samuels, at running back--but for State to turn a corner under Dave Doeren, that's not good enough. It wasn't good enough this year, and it won't be good enough next year, when the schedule becomes more difficult.

Florida State, Clemson, and Louisville aren't going anywhere. NC State adds ECU and Notre Dame to its non-conference schedule. This begins to get the feel of a make-or-break season for Doeren, in a year where he'll be breaking in a first-year quarterback, with no kicking game to speak of. I think it could go really well, because we have Jaylen Samuels, and no other teams have Jaylen Samuels.

But I also wonder if the small cracks might ultimately compromise the entire operation. Doeren inherited a shitty roster, there's no denying that much. The depth on the defensive side was so bad, he had no choice but to go to a 4-2-5 defense. The depth at linebacker is not any better three years later. State's safeties are a minefield. His staff has added excellent talent up front, but the overall cohesion is not there. They have been exposed over and over by competent quarterbacks.

This team looked slow under Tom O'Brien. It still looks slow. If the quarterback play isn't there going forward, it could be the bottom falls out, and then where are we? I'm not hitting the panic button here, just trying to evaluate Doeren's prospects from a rational perspective.

I guess the bottom line is, if your recruiting effort hasn't translated into improved results, then how good should we feel about what's ahead? You can find a few good players regardless, or coach up a few others, but it doesn't really matter--against FSU or Clemson or Mississippi State or Insert SEC University, you're usually going to be slow and overmatched. This is the incredibly difficult set of circumstances that nobody at NC State other than Chuck Amato has been able to handle.

But Amato benefited from dreadful coaching at FSU, UNC, and Clemson simultaneously, which unfortunately is a thing of the past. NC State oddly enough was ahead of the curve in some major areas, like coaching staff compensation. It was a strange pocket in time. That margin has long since swung in the other direction. The whole environment has changed, at the expense of schools like NC State.

Maybe Dave Doeren can get back there, to that sun-glassed ideal--to the point where he can not only land talented players from North Carolina, but also shrewdly poach them from elsewhere. This season and this recruiting cycle suggest otherwise. Everybody's getting richer, but margins nonetheless close.

Doeren's NC State program is not making up ground, and his program doesn't have a lot of leverage. This might well sink him, fair or not--but what are we runnin' here, a school of apologies? Hey I'm sorry you punted that one time you shouldn't have, or that other time you shouldn't have. Either you're a good recruiter, or a great football coach, or just another guy with a whistle. Either you're that dude or you aren't; it's hard to mistake here. Amato wasn't that guy. I have a pretty good idea about Dave Doeren, but we'll know for sure pretty soon.


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Mississippi State: The Morning After with Omega

Or should it be mourning after?

Or should it be mourning after?

We know Rudyard Kipling for his NC State adopted quote from the Jungle Book: "For the strength of the pack is the wolf, and the strength of the wolf is the pack." (The irony of a group of largely African-American young men chanting the phrase penned by Kipling, a racist imperialist by most accounts, is not lost on me, but I digress.) Kipling also wrote a short story, "Bridge Builders" (about bridge building, of all things), that featured the tag line: "Never look backwards or you'll fall down the stairs." There's a certain catch 22 (all the literary references!) to looking back if applied to the NC State football squad. Look back, and you see an embarrassing finish to a season that held the possibility of a step forward. And then you fall down the stairs, or, metaphorically, you lose your senior quarterback, three offensive linemen, the two guys in your secondary who can kind of football, your best pass rusher, all while facing a much tougher schedule next year.

DOOM!

So, very soon we should look ahead, tiptoeing around recent events and that stairway to doom, and begin rationalizing why things will be better in 2016. There are 240 or so hallucinating days until football! No one amps and hypes next year like us. Alas, no one wallows in misery like us, either. So, fellow wallower, indulge me in one more morning after, the raped 51-28 by Mississippi State in the Belk Bowl edition.

We'll soften the blow by mining the few positives from the painful season finale.

The good:

  • Dave Doeren seems to have figured out what to do with the considerable physical gifts of Pharoah McKever. At 6-6, 260 pounds with good hands and remarkable speed for his size, the erstwhile defensive end was moved to tight end for the bowl and did not disappoint, putting the Pack on the board with an 82-yard touchdown catch in the second quarter. The last 65 or so of those yards came after the catch; presumably speedier safeties and corners could not run the big man down.
  • McKever, once fully acclimated to the position, could become the star at tight end we thought he would become at defensive end. (Let the amping and hyping begin!)
  • Jaylen Samuels was given three carries on end arounds and has yet to be tackled. Once he scampered for a modest gain before going out of bounds; the other two resulted in scores. His 48-yard TD on his first touch was sprung by a McKever block and brought the Pack to within a score at 21-14.
  • If we counted stats like the NFL (which does not count sack yardage against a QB's rushing totals), Jacoby Brissett would've had 94 yards on 21 carries. JB seems often to hold the ball too long and lacks pinpoint accuracy in the passing game, but you certainly can't question his toughness and heart. It's probably never a good thing when your quarterback has the dirtiest jersey on the field at game's end, but JB's grit and passion for the game will be missed next year.
  • We've panned the receiver play around here ad nauseam, but Jumichael Ramos made a helluva grab for a 40-yard pickup that set up State's third score and finished with a solid 75 yards on five catches. Ramos finished the campaign with a respectable 457 yards on 34 catches (13.4 ypc) and, like McKever, is a guy we can dream on a little for next year.
  • It's hard to find much good when the defense has over half a hundred hung on them, but Niles Clark had a nice pick and the Pack forced a pair of fumbles. Of course it's our luck that we fell on neither fumble, including one that was picked up in the end zone for a fat guy touchdown. State forced 28 fumbles (tied for third!) this year but recovered just nine, a 32.1% rate that ranked 116th in the country. Seriously, why does the universe hate us?

The bad:

  • Speaking of turnovers, Brissett uncharacteristically tossed a pair of picks, including one on the first play from scrimmage that led immediately to a 7-0 deficit the Pack could never overcome.
  • JB did average an impressive 17.8 yards per completion but only found a teammate on 42.9% of his throws. His TD to McKever was his lone six-pointer and he finished the year with a grand total of seven TD scores to wide receivers. Despite the good yards per completion totals, State's chunk plays in the passing game were usually born of YAC or a coverage breakdown after a scramble rather than JB's ability to accurately get the ball downfield.
  • Part of the reason we saw so few intermediate and deep balls: five sacks allowed. Matt Canada calls some seriously slow developing plays—I particularly love the "play action" fake handoffs when there isn't a running back within five yards of the QB—so perhaps some of the blame should go to the scheme rather than the OL. Then there's JB's tendency to hold it forever because he believes he can FSU miracle play it on every snap. Then there's the wide receivers' inability to get separation. Then there's...oh it's just a big mess.
  • Speaking of a big mess, Mississippi State scored on five of its first seven possessions and went three and out just once in the entire game.
  • The cowbell crew jumped out to a 14-0 lead. In four games against bowl eligible, P5 schools held in North Carolina (three at home and one in Charlotte), the Pack were outscored 72-20 in the first quarter. Is there a not ready to answer the bell issue here, or is this a talent gap thing where the other team jumps to a lead and then relaxes? Neither answer is comforting.
  • Dak Prescott treated us to another torching of the secondary, throwing for 380 yards and four scores. He was sacked just once, for a yard loss. State's strategy seemed to be to "rush" four, or rather have four guys stand there and spy Prescott so he couldn't use his legs to beat them on broken plays, while covering with seven. Despite the abject failure of this strategy, no adjustments were forthcoming.

The ugly:

  • NC State has this guy named Jaylen Samuels, or JaySam for short. This gentleman was first-team all-conference TE, though his true position is TE/FB/RB/BAMF. JaySam did not get his first touch until the 7:50 mark of the second quarter. His second touch resulted in a 48-yard score. He would later add another. In total, the gentleman had four touches and two touchdowns. This is an excellent rate. Why in the dickens was this gentleman not utilized more thoroughly in the execution of the game plan the staff had weeks to develop? Color me perplexed, flummoxed, and crestfallen. JaySam finished the season with 980 yards combined receiving and rushing with 16 touchdowns. Spurious play calling was his greatest nemesis, and he should've had twice those bullshit numbers.

I'll soon take a statistical look at the season as a whole, and I suspect the numbers will show a lot more progress from a year ago than the W-L record, which of course went backasswards. Regardless of any metrics-based silver lining, losing toss-up games with Louisville and Virginia Tech, blowing another lead against FSU, getting shell-shocked at home against UNC, and looking thoroughly outclassed by a middling SEC team, does not progress make. It WAS nice to thoroughly thump the dogs on the schedule—this has been no given in the past—but Doeren has to beat SOMEBODY at some point or he'll be rubbing salve on the heat rash from the hot seat.


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Some Words on NC State's Football Season

I recently came to realize that Dave Doeren is basically the opposite of Tom O’Brien. His teams have mostly beaten everyone they were supposed to beat and lost to every team they were supposed to lose to. This season the Pack went 7-1 in games which they were favored and 0-5 in the games where they were the underdogs. The team was middle of the road in the ACC, and their play rarely deviated from that level through all 13 games.

Good Stuff

Ending Streaks: Wake Forest and Boston College were terrible, but road wins at both these teams felt like progress to Pack fans, who hadn’t seen a win at Wake since 2001 and hadn’t seen a win in Chestnut Hill ever unless you have a time machine. State looked motivated to play these games, which was a welcome difference from previous years. I guess you could say that NC State football finally made some sense. There hasn’t been any losing to Wake but beating Florida State. Whether or not that is a good thing is up for interpretation.

Youth Gaining Experience: It’s no secret that there is a lot of youth on the NC State football team. A lot of young players flashed their potential in early playing time. Everybody got to see what kind of weapon Nyheim Hines will end up being, and while he didn’t bring the immediate receiving help some thought he would, he affected the game in other ways. The true freshman broke three (one was called back) kickoff returns for more than 90 yards, one of which went for a touchdown. He also played admirably when forced into action at the running back spot. Reggie Gallaspy was also forced into action at tailback as a result of injuries and those pesky moped incidents, and he averaged nearly five yards a carry. Eundraus Bryant and Darian Roseboro both played significant snaps on the defensive line as true freshman. Roseboro already looks like a stud. Riley Nicholson saw a lot of time at linebacker as well.

Bowl Game: Aspirations were certainly higher, but going to a bowl is always a plus, even though it is getting increasingly easier to get to one (now you can play in a bowl without even being bowl-eligible).

Bad Stuff

Catastrophic Mistakes and Mental Lapses: Quite a few game altering sequences went against the Pack this season, and they have nobody to point the finger at but themselves. The most notable was the end of the first half against Clemson, which featured an awful play call, followed by a missed field goal, followed by a two play 70-something yard touchdown drive for the Tigers. Instead of leading by 9 or more, State trailed by six at halftime and it felt like the game was over. Ramos’ fumble early in the Louisville game arguably changed the entire game. I suppose the entire first quarter of the UNC game can go here too. The Pack competed with every team that beat them except Mississippi State and arguably Florida State, but lapses such as whatever happened in the second quarter of the Virginia Tech game were too much to overcome. These kinds of things cannot happen if you want to beat the best. 

David Grinnage?: I know there was an injury early on in the season, but seriously, why was this guy not used more? It’s well documented how good he is at catching the ball (see: Clemson game) and considering this team’s desperate need for a reliable downfield threat, not making him a major piece of the offense is ridiculous. I can’t help but feel like there’s some behind the scenes reason for this, because it just makes no sense.

Misfortunes: The two headed monster in the backfield never came to be in what was nothing short of a huge blow to the offense. You could’ve argued that Shadrach Thornton was the best player on the team heading into the season. You could’ve argued that Matt Dayes was the best player on the team during the season. The backs were also perfect compliments to each other with regards to style, so the effect of losing both backs cannot be understated. How much better would the Pack’s offense have been if Thornton and Dayes had played all season? Who knows, we don’t get to find out.

Final Verdict

A lot of people think State regressed this year. They didn’t, but they also didn’t get any better. It was a completely stagnant season for the program. This year’s team felt just like last year’s, except with the wins coming more spaced out.


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Wednesday 30 December 2015

NC State falls in Belk Bowl to Mississippi State, 51-28

The first play from scrimmage of the 2015 Belk Bowl was a Jacoby Brissett interception on a blown play-action rollout. Mississippi State quickly cashed in that takeaway with a touchdown, and while the Wolfpack had its moments later on, the Pack never really recovered. Behind Dak Prescott's pinpoint passing, the Bulldogs led all night and went on to win, 51-28.

The difference in the game was performance at the point of attack--Mississippi State was superior on both sides of the ball, which paid off in the long run despite some unstable moments. The Bulldogs' OL kept Prescott clean, and he made NC State's conservative defense pay over and over again.

On the other side, Jacoby Brissett was often harassed, and also missed some throws he needed to make. It was a rough combination that made for a rough night, even if there were big plays. NC State's first touchdown came on a back-side toss to newly-minted tight end Pharoah McKever. The second came shortly thereafter, on a fantastic speed rush by Jaylen Samuels, who got a great block on the edge and housed it from 47-yards out.

That made the score 21-14 in MSU's favor. The Bulldogs responded with a touchdown drive, then stuffed the Pack late in the half and added a field goal in the final seconds of the period. The momentum was gone--MSU had a three-score lead at the break, and it got the ball to start the third.

The Pack's defense played well coming out of the locker room and gave the offense a shot at getting the team back into the game. There simply was not enough consistency--on either side--to put serious pressure on Mississippi State. NC State made some plays, but the Bulldogs usually had answers. They executed better all night, made the bigger plays in the bigger spots. The better team tends to do that.

The fourth quarter was academic.

No doubt the best team won this game. Still a disappointing way to go out, though we did at least get to enjoy one last big Jaylen Samuels touchdown in 2015.


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NC's wood pellet problem shifting into overdrive

Should An Arbitrator Or A Judge Be The One To Decide Whether An Arbitration Is Barred By Res Judicata

There are all sorts of questions when court proceedings run alongside an arbitration dispute.  Who decides issues that cut acroiss both?  Judge?  Arbitrator?

Assume that you represented the Claimant in an arbitration In which the opposing party (the Respondent) made a number of counterclaims on which it was awarded a substantial amount.  You're still smarting from the loss, and the Respondent starts a second arbitration.  The claims in the second arbitration are essentially a rehashing of the original counterclaims.

You've got a pretty good res judicata defense.  But who decides whether the Respondent now turned Claimant is barred from pursuing its new claims?  Can the Arbitrator assigned to the second Arbitration deal with that issue?

A Plaintiff in the Business Court found itself in precisely this situation.  Allscripts, a "healthcare-related software provider"  had initiated an arbitration against Etransmedia Technology, Inc., which "delivers similar software programs to medical practices and health systems."

The arbitration panel socked Allscripts with an Award of nearly $10 million on Etransmedia's counterclaims which was confirmed by an NC Court..

Almost two years after that Award, Etransmedia filed its own arbitration action against Alllscripts.

Allscripts, seeing these "new" claims as barred by the resolution of the first arbitration, filed a Complaint seeking an injunction that the claims were barred by res judicata.  Etransmedia opposed the request for an injunction, arguing that the question of res judicata should be decided by the Arbitrator in the second  case. The case (Allscripts Healthcare, LLC v. Etransmedia Technology, Inc.) was designated to the Business Court, and Judge McGuire issued an (unpublished) Order right before Christmas, denying the request for an injunction and ruling that the Arbitrator was the proper decisionmaker on this issue.

The NC COA Had Previously Ruled That A Judge (Not An Arbitrator) Decided Issues Of Res Judicata

Allscripts presented two Court of Appeals decisions seeming to dictate a ruling in its favor and giving the Business Court the right to rule on the injunction.  In the first, C & O Dev. Co. v. American Arbitration Ass'n,  48 N.C. App. 548 (1980), the Court held that "it is our opinion that the extent of a judgment's binding effect is a matter for judicial determination." In the second case, Rodgers Builders, Inc. v. McQueen, 76 N.C. App. 16 (1985), the Court held that:

[t]he scope of an arbitration award and its res judicata effect are matters for judicial determination; therefore, whether plaintiff's claims are barred was for the superior court to determine.

Id. at 23.

The NC Legislature Changed Those Rulings With The Enactment Of The Revised Uniform Arbitration Act

Why would Judge McGuire rule otherwise, given the clarity of those COA decisions?  Because those cases were decided before North Carolina adopted the Revised Uniform Arbitration Act (the "RUAA") in 2003,  Order 21.  Judge McGuire observed that:

[s]ection 6(c) of the RUAA provides that '[a]n arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

Order 21 (quoting N.C. Gen. Stat. §1-569.6(c)).

If you are not seeing how that statutory language covers a res judicata argument, it's clearer in the Official Comment to Section 6(c)  It says that the provision is meant to:

incorporate the holdings of the vast majority of state courts and the law that has developed under the [Federal Arbitration Act] that . . . issues of procedural arbitrability, i.e. whether  prerequisites such as time limits, notice, laches, estoppel and other conditions precedent to an obligation to arbitrate have been met, are for the arbitrators to decide.

Order 27.

Given that the RUAA was meant to bring the state arbitration act in line with the Federal Arbitration Act, the NC COA's opinion in WMS, Inc. v. Alltel Corp., 185 N.C. App. 86 (2007) was determinative.  There, the appellate court held that "in the context of the FAA, the issues of res judicata and collateral estoppel must be decided initially by the arbitrator and not the trial court."  Id. at 92.

Would you rather have a Judge or an Arbitrator decide a question of res judicata? Don't forget that arbitrators aren't obligated to follow the law.  Judge McGuire observed a month ago that arbitrators:

'are not bound to decide according to law when acting within the scope of their authority, being the chosen judges of the parties and a law unto themselves, but may award according to their notion of justice and without assigning any reason.'

Trilogy Capital Partners,, LLC v. Killian, 2015 NCBC 103, ¶33 (quoting Bryson v. Higdon, 222 N.C. 17, 19-20 (1942)).

If you are wondering whether an arbitration Award is even entitled to res judicata effect, that bridge was crossed years ago.  See  Lancaster v. Harold K. Jordan and Co., 2014 NCBC 22, 48 ("It is clear that a confirmed Arbitration Award constitutes a final judgment on the merits for purposes of collateral estoppel.").

 

 

 


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Tuesday 29 December 2015

NC State 72, Northeastern 66: Big second half helps Wolfpack overcome sluggish start

Box Score

Four Factors NC State
Northeastern
eFG% 52.5 54.6
Turnover Rate 16.7
19.7
Off Reb Rate 37.1 18.8
FT Rate 23.3 24.1
Pts Poss OFF_EFF DEF_EFF
NU
66 66 100.0 109.1
NC State
72 66 109.1 100.0

Phew. NC State started yet another game cold at the offensive end, but Cat Barber was his usual self, and the Wolfpack's supporting cast woke up in the second half. The Pack scored 45 points over the final 20 minutes, which was good enough to give the team a 72-66 win over a tough Northeastern group.

Barber finished with 29 points on 11-20 shooting, along with five boards and three assists. He is the only D-I player in the country averaging 20-5-5. He got pretty much whatever he wanted against the Huskies defense, driving relentlessly to the bucket for some easy scores. Northeastern didn't have anybody who could check him in man-to-man. Not that many teams do.

Barber's consistent effort was again crucial in the first half, as his teammates collectively got off to a horrible start. There were a lot of missed shots in close on Tuesday night. Fortunately, Northeastern was no better, so State was able to get to the half with a two-point edge.

In the second half, Maverick Rowan found his shooting stroke to help key a 12-0 run. He finished with 16 points on 6-12 shooting, including 4-8 shooting from three. NC State led by nine points after the first 10 minutes of the second half, but Northeastern quickly erased that edge with its own streak of hot outside shooting.

The game was even with four minutes left, which is when Caleb Martin showed up to hit two big three-pointers. The Pack got some stops down the stretch, Cat did Cat things, and that was enough to subdue the Huskies.

Good win--and a necessary win. That's six in a row for the Wolfpack as it heads into a crucial league-opener against Virginia Tech on Saturday.


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Let's take a deeper look at Mississippi State: A special Belk Bowl Q&A with Justin Sutton of For Whom the Cowbell Tolls

Justin is from the Bulldogs' SBNation site, For Whom the Cowbell Tolls, and stopped by to answer some questions about the Belk Bowl matchup on Wednesday. Make sure to give him a follow on Twitter @justinrsutton. Also, check out my answers to his questions over at For Whom the Cowbell Tolls.

BTP: Coming into the Belk Bowl, where do you think the Bulldogs overachieved this season, and where do you think they underachieved?

JS: Mississippi State entered 2015 in a situation the Bulldogs had never faced in their history.  In 2014, they ascended to the No. 1 ranking, and played in the Orange Bowl for the first time since the 1940s.  Anything less than those accomplishments would feel like a bit of a backslide.

All of that said, I think the Bulldogs have to look back at this season as a bit of a missed opportunity.  At the end of the day, this season probably should have played out like 2014, 10-2 with losses to Alabama and Ole Miss. The Bulldogs started slow against LSU, and they rallied to make a comeback. Then on the final drive, the team ate a delay of game call and missed a 52-yard field goal as time expired to win. The frustrating part in that is that Mississippi State left the game with a timeout in their pocket.  The loss to Texas A&M has to rank as the most WTF loss of the season.  A&M may have had their best game against Mississippi State, and the Bulldogs flat laid an egg in that game.

Also in the underachieving part of the season, the Bulldogs performed much worse against Alabama and Ole Miss in 2015 than they did in 2014.  Many hoped with both of the games being in Starkville this year that Mississippi State might have found a way to win one or two of those, but it did not happen.

The greatest underachievement:  Mississippi State's lack of a running game was bewildering.

As far as overachieving, I'm not sure anyone expected the passing numbers that Mississippi State put up.  Yes, some of it was out of necessity, but Fred Ross and De'Runnya Wilson walked away with two of the most prolific seasons by a wide receiver in Mississippi State history.

BTP: Both the Pack and the Bulldogs had similar seasons in terms of total offensive production, with one main difference being that Mississippi State is a bit more balanced between the pass and the run. Obviously, the key to that offensive success is Dak Prescott - what is it that makes him such a dynamic player?

JS: I didn't realize this until doing some research for my podcast, but Dak Prescott accounted for 73% of Mississippi State's total offense, and he had a hand in over 74% of the team's touchdowns. There were not many quarterbacks who came close to those numbers.  Chad Kelly at Ole Miss was 67 and 63%.  Watson at Clemson was at 66 and 68% in those numbers.  If you go out to Washington State, Luke Falk was just behind at 72% of the team's offense, but ahead at 83.6% of the team's touchdowns. Of course, that is an offense that is all predicated on the passing ability of the quarterback.

As to the balance, the Bulldogs really lacked any threat in the running game.  Brandon Holloway and Ashton Shumpert, the two leading yardage gainers on the ground behind Prescott barely end up with more yards than Prescott when added together.  In fact, if sacks and kneel downs were taken out of the equation, that race would be heavily favored towards Prescott.

It is really hard to explain his total contribution to the offensive production of the Bulldogs.  His play probably gave the Bulldogs two to four wins more than they would have received had he not been playing this season.

However, where he might make the biggest difference is that he has the ability to lead his team and drag them to success.  It goes back to the 2013 season.  He started to make his presence known in a loss to Auburn in which the Tigers scored the winning touchdown with under ten seconds left in the game and in a 51-41 shootout loss to Texas A&M at College Station.  His spot in MSU history was claimed when he came off the bench in the fourth quarter to lead Mississippi State to an Egg Bowl win over Ole Miss that season and a blowout of Rice in the Liberty Bowl.

The 2014 and 2015 season saw him grow even more from that point, but those five quarters and an overtime period cannot be understated in his development as the best quarterback in Mississippi State history.

BTP: Who is one player on the roster who may not get as much notoriety as Prescott, but is just as important to Dan Mullen's gameplan on either side of the ball?

JS: Offensively, one has to look at Prescott's two major targets in the passing game, Fred Ross and De'Runnya Wilson.  Both have the opportunity to make big plays  happen on every snap.  Defensively, players such as Richie and Benequez Brown have proven to be solid at the linebacker position for Mississippi State, and Chris Jones has the ability to be a menace along the defensive line.

That said, no one quite measures up to Prescott in terms of importance in a game play.

BTP: Who on NC State's team gives you the most concern heading into the Belk Bowl?

JS: Mississippi State fans have to be concerned about Jacoby Brissett.  He's a senior who can do it all at the quarterback position.  If Mississippi State cannot find a way to slow him down, it is going to be a long day in Charlotte. Jaylen Samuels will gain some attention as well.

BTP: Do the Bulldogs have any major injury concerns for the game?

JS: Jamaal Clayborn, the starting center for Mississippi State, has been walking around in a boot and on crutches in Charlotte, so his availability is a major concern. Defensively, Mississippi State will not have Ryan Brown, who as played great on the line for the Bulldogs this season.

In old injury news, on the defensive side of the ball, Will Redmond, Mississippi State's best corner, was lost for the season a while back, and Gus Walley, a tight end, will miss due to injury as well.

BTP: How well do Mississippi State fans travel, and do you expect a large turnout in Charlotte on the 30th?

JS: In general, Bulldog fans have traveled well to bowl games, but Mississippi State fans have never had to travel to six bowl games in a row, and rarely have they made a trip further than Memphis or Atlanta.  A couple of years ago, Mississippi State and Northwestern turned in one of the worst attended Gator Bowls of all time.  The Bulldogs entered that game off of a disappointing end to the season.  Mississippi State fans did a pretty good job of traveling to the Orange Bowl last year.  As far as this year, it will be interesting to see.  Charlotte is not quite as warm as Miami, and the Bulldogs did not finish the season as well as they could have.  My guess is this will be about a 60-40 North Carolina State crowd.

BTP:  Let's get a prediction - who's going to be taking home the Belk Bowl trophy?

JS: In a storybook world, Dak Prescott walks into the sunset holding the trophy.  For that to happen, the Mississippi State offensive line has to protect him.  He was sacked way too many times in the four losses suffered by the Bulldogs.

The game probably plays out similar to Mississippi State's win over Louisiana Tech.  Look for North Carolina State to get out to an early lead before Mississippi State's defense settles in.  The Bulldogs rally to take a half time lead and hang on for a 38-31 win.

Many thanks again to Justin for taking time over the holidays to answer our questions. Again, make sure to give him a follow on Twitter @justinrsutton. Also, be sure to head over to For Whom the Cowbell Tolls to see my answers to his questions, and check out the podcast Justin and I did together discussing the Belk Bowl!


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Must-read article on poverty in the South

When the planners don't include you in their formulas:

What Scott saw in Clayton County was a place ill-equipped for the influx of poverty. Just 10 miles south of the new condominiums in Atlanta, the county had no public housing and a few modest bus lines — a service that had started only this year, after a referendum passed. The main streets lacked sidewalks, and Scott often found herself tiptoeing alongside traffic.

“This place isn’t meant for poor people,” Scott said.

During my recent campaign for Alderman, I put forward the idea of having a Town shuttle, which would bring folks to the downtown area where they could (among other things) connect with a new bus line we had negotiated with the City of Burlington. It seemed like a no-brainer to me, but most of the people I discussed this with looked at me like I was crazy. Who's going to pay for this? Would people even use it? When I explained to them that well over 1,000 residents were below the poverty line and many probably didn't own a car (or a reliable car), half of them didn't believe me and the other half didn't seem to care. The reason I bring that up is to demonstrate that it's not just politicians who need to be educated on these issues, *everybody* does. And here's another concern I heard more than once:


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Tuesday Twitter roundup

Big Brother Pat wants to see your insides:

This was the outrageous part of the bill.Ordering the collection of women's ultrasounds w/o their consent. #ncpol https://t.co/FkA1OjDMm2

— Vicki Boyer (@Vickitkd) December 29, 2015

The next time a Tea Partier spouts off about freedom and liberty, ask ‘em about this:


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Monday 28 December 2015

Previewing Northeastern: Veteran Huskies will be tough out for NC State

How to watch or listen to the game

Tip time: 7 p.m. ET, Tuesday, Dec. 29

TV: RSN (Fox Sports) -- affiliates

Online streamingESPN3

Radio: Wolfpack Sports Network (affiliates)

Northeastern vitals

Record: 8-4
RPI: 90
Pomeroy ranking: No. 90
Best win***: 78-77 over Miami (FL) (KenPom No. 11)
Worst loss: 67-61 to Miami (OH) (KenPom No. 205)

(***Best win or loss based on opponent's Pomeroy Rating, not the scoring margin.)

Adjusted tempo: 68.3 poss/40 minutes (ranks 251st)
Adjusted offensive efficiency: 106.9 (ranks 81st)
Adjusted defensive efficiency: 100.3 (ranks 133rd)

Northeastern roster
Northeastern schedule
Northeastern stats 20152016

The Northeastern offense and starters

NU Offense -- Four Factors eFG% (National Rank) TO% OR% FT Rate
2014-15 54.5 (19) 21.5 (308) 30.1 (197) 41.4 (66)
2015-16 52.4 (75) 19.9 (251) 30.3 (172) 39.4 (113)

Northeastern turned a corner last season after eight years of purgatory under head coach Bill Coen by reaching the NCAA tournament. The Huskies rolled through the CAA tournament to get there, denying William & Mary its first NCAA trip in the process. They went on to put a scare into Notre Dame and came up just a bit short.

That was a pretty good team. This one is better. Northeastern brought back four key contributors from last season, and while the Huskies did lose their leading scorer, they've been no worse for wear. They're loaded with veteran players, which always helps in a transition, even if this one was relatively minor.

Northeastern's focal point in 2015 was 6-8 forward Scott Eatherton, who was very effective in the paint but didn't have range. Now that he's gone, the Huskies are looking significantly more perimeter oriented. Their three-point attempt rate is way up from last year--over 40 percent--and that's going swell so far since NU is hitting 38.5% from deep.

One of the first things I look at with a jump shooting team is the size it brings to the perimeter. If the guards are all short, I tend not to worry so much. And then when I see 6-6 or 6-8 guys shooting 40% or better, I go into a fetal position for a few minutes. Northeastern is the latter case, by the way.

Both David Walker (6-6) and Quincy Ford (6-8) are hitting better than 40% from three. Those shooting percentages are better than their career averages, but they aren't exactly flukes. Those guys are good shooters and tough matchups in general. The Huskies will get shooting production from elsewhere as well, but Walker and Ford will do the bulk of the work. This is another contest where the Martin twins might be extra important.

Northeastern's offense is like NC State's polar opposite, with outside shooting its lone clear strength. The Huskies don't really do anything else well (other than make free throws). NC State's been doing just about everything well, except shooting.

The Huskies will rely primarily on four seniors and a junior, which is plenty worrisome in this type of game. The good news is that Northeastern has little reliable depth. Walker, like Cat Barber, spends a ton of time on the floor out of necessity. Cat and Walker are sixth and seventh nationally in percentage of team minutes played.

That means the officiating could have a significant impact on the course of this game. Along with the teams' three-point shooting, of course.

Starters

T.J. Williams (6-3, 201) -- Williams tends not to be a major part of the offense, and that's fine since he's never been much of a shooter ... from anywhere on the floor. This year he's been especially bad, as he's 10-24 from the free throw line, 11-31 from two, and 4-17 from three. He's got a good assist rate, but he's also prone to turnovers.

David Walker (6-6, 196) -- The only thing more ridiculous than Walker's stat line is the fact that he doesn't control a larger portion of the offense. He takes about 25% of the team's shots, but that's second to Quincy Ford, who is not nearly as efficient. Walker is seeing a rim the size of a large and garish above-ground pool, apparently. He's shooting 53.5% inside the arc, 45.8% from three, and 85.1% at the free throw line. He's averaging almost 20 points per game. Real good player.

Zach Stahl (6-5, 215) -- As much as I joke about guys who don't have any self-awareness when it comes to their weaknesses, it's only fair to laud a player who makes adjustments. Stahl attempted 35 threes over his first two college seasons, making only nine. He did not attempt a single three in his junior season, and hasn't taken one this year. His focus on the interior is paying off--his 2FG% is much improved. Good rebounder for his height, too.

Quincy Ford (6-8, 225) -- It's nice to have a big man who can shoot. Ford is a career 35.8% three-point shooter (40.5% this year) and 74.7% free throw shooter. He is a below-average scorer inside the arc. Good defensive rebounder. He will block some shots and steal some steals.

Jeremy Miller (6-10, 232) -- Miller is shooting well from two and from three (in limited minutes), so I'd say his freshman campaign is going okay so far. No idea what to expect from the kid going forward, but so far: going okay. He's an excellent offensive rebounder as well.

The Northeastern bench and defense

Reserves: Caleb Donnelly (6-1, 181), Kwesi Abakah (6-8, 212), Devon Begley (6-4, 186). Donnelly does a nice job as a secondary scorer, with most of his attempts coming from beyond the arc. Begley has a better career 3FG% (36.0) than 2FG% (35.6). Abakah is a warm body with five fouls what for givin', but that's about it.

NU Defense -- Four Factors eFG% (National Rank) TO% OR% FT Rate
2014-15 49.8 (204) 15.5 (338) 25.3 (10) 25.0 (6)
2015-16 53.3 (290) 18.4 (184) 24.1 (19) 26.5 (27)

Opponents have been raining buckets on Northeastern, from inside and out. The Huskies' interior defense is allowing opponents to make 51.9% of their two-point attempts, which is good for 268th nationally. The national average on two-point shots is 48.4%.

Opponents are also shooting 37.7% from beyond the arc, which is far less meaningful given the volatility of the outside shot, but still instructive to some degree. I don't think there is a lot of quickness on this roster since they aren't much for blocking shots or generating steals.

Over the last two seasons they've lived off of their ability to avoid fouls and grab a whole lot of the shots their opponents do miss. They will be tested in both of those areas by NC State's offense.

The Pomeroy Predictor likes NC State by five.


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Belk Bowl 2015: Pick the score between NC State and Mississippi State

Let's take this fancy score predicterin' dealio for a spin, why don't we. Think on the Belk Bowl with the depths of your gut and enter the score that popped into your head below. This way we can get a feel for the fan base's optimism level (or lack thereof) heading into Wednesday afternoon.

At least I think that's how this thing works.

I'm choosing optimism as opposed to pessimism any sort of moderately realistic approach, because why not? This is a bonus football game. It's all gravy. (And slacks.) So I'm anticipating a close and high-scoring affair that's highly entertaining, with many Jaylen Samuels Events. This is actually doable, I think, but will require the cooperation of both teams involved, which is always tricky.

Jacoby Brissett and Dak Prescott combine to throw for 600 yards, and as the fourth quarter clock hits zero, there's a clutch appearance from Kyle Bambard and NC State wins, 38-35. I just visualized it, so it must be coming true.


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Art Pope and the disenfranchisement of young black voters

Another historically black college loses its voting site:

We’re disappointed in the poor reasoning behind eliminating Anderson Center at Winston-Salem State University as an early voting site. We hope the state elections board will overturn the heavy-handed decision to eliminate it.

The Forsyth County Board of Elections was split over including the site for the March 15 primary election during its meeting last week, the Journal’s Wesley Young reported. The two Republicans on the board, Chairman Ken Raymond and Stuart Russell, were against the inclusion, while Fleming El-Amin, the Democrat on the board, pushed for its inclusion.

Don't hold your breath. The state board doesn't make a habit of overturning these decisions, no matter how nonsensical or nakedly partisan they are. Especially considering the Pope of Discount Village is likely watching closely to make sure his wishes are fulfilled:


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NC State enjoying the full Belk Bowl experience in Charlotte

Bowl season is vacation football season, and a well-earned vacation at that. NC State's players have been in Charlotte for several days preparing for the upcoming Belk Bowl matchup with Mississippi State, but they've also had plenty of time to relax.

Every bowl game includes a gift package for the players--the Belk Bowl gives each guy a Fossil watch and a shopping spree at a Belk store. They also got a trip to Charlotte Motor Speedway for a few laps around the track. (Here's Bryce Kennedy's experience, via the News and Observer.)

Some video from the trip, from the athletics department:

Jack Tocho is stocking up on suits for the final season of You Don't Know Jack. Probably. Maybe not.


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Sunday 27 December 2015

On urban revitalization and those pesky homeless

McCrory doing something right for a change

Cracking down on employee misclassification:

Gov. Pat McCrory took surprise action on Dec. 18 by signing an executive order to target one persistent business practice that experts said is putting a drag on the economy: worker “misclassification” fraud, which illegally takes a company’s workers off the books and calls them independent contractors.

McCrory’s action was stimulated, in part, by a series of articles published in September 2014 by The News & Observer of Raleigh and The Charlotte Observer titled “Contract to Cheat,” which revealed that the state loses $467 million a year in lost tax payments from the construction industry alone, while workers are not protected by workers’ compensation or unemployment benefits.

Not unlike that Martin Shkreli situation, who was just fine ripping off AIDs patients but got locked up for ripping off the wealthy. In this case, the misclassification thing didn't become a problem until McCrory realized the lost government revenues might jeopardize the GOP's tax cuts for the wealthy. Whatever the motivations, it's a growing problem that needs to be fixed, so have at it.


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Saturday 26 December 2015

The #goacc Moment of the Week (12/26/2015)

The weekly in-depth look at the best (worst?) moments in ACC schadenfreude.

Hope everyone had a wonderful few days during the Holiday break! If you need anything to wake you up out of a food induced coma, well do I have you covered. Back before the holidays, we saw the fantastic entry in Cat Barber upsetting people on twitter for not being an actual cat hairdresser pull away amidst a crowded pool of worthy winners. This week should be no different, as we've got a wonderful slate for you to vote on today. We've also got a fantastic BAH GAWD, and more. So grab some leftover Christmas ham, and let's get down to it. Which is your #goacc Moment of the Week? Vote below!

1. Seth Greenberg wears a tremendous sweater on TV, has even better response (h/t @AJPONE).

@RealJayWilliams who wore it better? B.I.G or Notorious S.E.T.H?? (@SethOnHoops) http://pic.twitter.com/jpInvTTFQG

— Aaron J. Pellot (@AJPONE) December 23, 2015

Even if we were to stop right here, this would be fantastic in and of itself. But, Seth had to go drop a few bars on us:

However, I stay Coogi down to the socks Rings and watch filled with rocks https://t.co/Qyq7SNMwn9

— Seth Greenberg (@SethOnHoops) December 23, 2015

So many 100 emojis. My god. Incredible.

2. Stephon Marbury has a museum in China about himself (h/t @CBSSportsNBA).

Stephon Marbury has his own museum in Beijing https://t.co/CWte2odwrb http://pic.twitter.com/sVoyOACP9x

— CBS Sports NBA (@CBSSportsNBA) December 22, 2015

People in China really, really like Stephon Marbury, apparently.

3. Scout.com's NC State twitter feed left out an important word.

Rico Dwindle has trimmed his list to four and the North Carolina Wolfpack has made the list. https://t.co/nE6GnK9fUu http://pic.twitter.com/Trh0Ri0cSG

— NCSU on Scout (@NCSUOnScout) December 21, 2015

Sigh. How does this nonsense keep happening? Hell, State got called the Tar Heels during their game against Missouri last weekend! Someone has to put a stop to this.

4. The News and Observer gets suggestive about UNC's recent win (h/t @RCorySmith).

Hey N&O, I get what you were going for here. It's just, um, unfortunate. #UNC http://pic.twitter.com/KO3Gznn3Ds

— Cory Smith (@RCorySmith) December 20, 2015

Good grief, keep it in your pants guys.

5. Jabari Parker commits some Duke on Duke crime (h/t @Bucks).

Jabari puts Jahlil on a POSTER!! #OwnTheFuture @fswisconsin https://t.co/KDYdTtdIhE

— Milwaukee Bucks (@Bucks) December 24, 2015

Jahlil Okafor's has had a rough year so far. Goodness.

6. Dabo Swinney really gets into the Christmas Vacation spirit (h/t @Sportscenter).

Clemson head coach Dabo Swinney channels his inner Clark Griswold. http://pic.twitter.com/rjhlXJVOef

— SportsCenter (@SportsCenter) December 25, 2015

Now, all we need is Dan Mullen to pop up in the background and drop a "Merry Christmas, shitter's full!" and we'll be all set.

7. Mike Dunleavy rocking a Christmas sweater vest on the Bulls sidelines (h/t @TomFornelli).

http://pic.twitter.com/xvIFRNSOHx

— Tom Fornelli (@TomFornelli) December 22, 2015

Did he steal that from a really tall middle school principal? Good gracious. I think my science teacher in 8th grade wore that same outfit.

8. Swing and a miss here, MASN (h/t @damedsz).

When you see it #goacc http://pic.twitter.com/g5eSlKuymu

— Alston Meadows (@damedsz) December 19, 2015

Look Maryland, enough's enough. You can't come back, stop trying to sneak your way back in.

9. Pack Football wants you to bring STATEMENT STICKS to the Belk Bowl!!

...#STATEMENT Sticks! The first 25,000 Wolfpack fans can pick theirs up at any gate starting at 2 PM #PackTheQC http://pic.twitter.com/nJ8Ro4j1JF

— NC State Football (@PackFootball) December 23, 2015

Good lord at all of this. 1) Dying at that GIF. 2) This is going to be the noisiest damn bowl game in the history of sports. All it needs now is some vuvuzelas to be complete.

the #suregrin award.

This week's lucky winner sure got into the Holiday spirit, alright. Maybe a bit too much.

New Jersey girl calls 911 in panic after touching the Elf on the Shelf, fearing magic was gone: https://t.co/Y4cliH1XCd

— The Associated Press (@AP) December 23, 2015

I'm still laughing about that. Incredible.

The best photoshops of the week!

We've got several that need to be acknowledged this week. First, let's start off with the Odell Beckham Jr fiasco, and the fallout of his actions in the loss to the Panthers. For those of you that are Street Fighter fans, @LukeZim summed up that game beautifully:

http://pic.twitter.com/wgimxN3MPl

— Luke Zimmermann (@lukezim) December 20, 2015

Absolutely died at that when I saw it. Next, after the game we were subjected to one of the dumbest controversies in the NFL in some time, Batghazi. Well, the fine folks over at Sports Channel 8 delivered once again:

What do you think of this bat controversy, @J_No24? http://pic.twitter.com/3heNYaBmpb

— SportsChannel8 (@SportsChannel8) December 22, 2015

Then of course, we have to point out Ron Jaworski jumping the gun a wee bit tweeting that Odell's suspension had been overturned, when in fact, it hadn't. Right on cue, he got the crying Jordan treatment:

@jawsespn http://pic.twitter.com/wcwQKX1bYf

— Chris Gross (@CGROSS97) December 24, 2015

That's absolutely one of the best ones I've seen done.

Lastly, I can't let go what happened in the Steve Harvey Miss Universe fiasco (if you missed that, Google it right now. Absolutely incredible), but this mashup of the contestants and an NFL official is just too good:

I'll just leave this right here http://pic.twitter.com/VcoSVp66zd

— Derek Minor #EMPIRE (@thederekminor) December 21, 2015

And now, for your moment of wrasslin'...

THE JIM ROSS BAH GAWD MOMENT OF THE WEEK!

JR's back again this week with some thoughts on this insane dunk from LeBron James. Let's not waste any time, take it away, JR!

LeBron dunks on Porzingis, as called by Jim Ross! (Original vine by LoveShaq) https://t.co/jWrx37gXoD

— Will Thompson (@thrillis4) December 26, 2015

Have a great week everyone!

Poll
Which is your #goacc Moment of the Week?

  0 votes | Results


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NC State vs. Mississippi State: A brief history of the Wolfpack and Bulldogs as 'country cousins'

The newest attack on public schools: Achievement School Districts

A special invitation for failure:

An evaluation of those Tennessee schools Vanderbilt University researchers published in December said results were inconsistent and performance, measured by test scores, was about the same as other low-performing schools. The schools are in different cities but are all part of an Achievement School District run by a single superintendent.

But state Rep. Rob Bryan, a Charlotte Republican, who worked this year to get an Achievement School District established in North Carolina, said he was encouraged by information published by the Tennessee district itself that showed high student growth in schools that were in the program for more than a year.

Yeah, nevermind what Vanderbilt says, let's focus on how the privately-managed district describes itself. Those who have been following the school privatization issue are well aware of Rob Bryan's preference for faulty research that supports his views on gutting public schools, but what we really need are a few Legislators to face off with him in the next session to stop this movement. And somebody needs to state the obvious: Republicans frequently bash DPI, because trying to run school districts from a couple hundred miles away is "foolish and counterproductive." But that's exactly what this Achievement School District boondoggle is all about: Putting schools from various cities under one (private-sector) umbrella. The wheels on this snake-oil wagon need to be knocked off the axle before it's too late.


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Friday 25 December 2015

The spy who came in from the lucrative government contract

Rules, regulations and the expectation of privacy are for losers:

The News & Observer’s Joe Neff reported Sunday that an employee of the Keith Corp., which has contracts to handle prison maintenance at several state facilities, used a spy pen to record a meeting he had with the prison superintendent at Maury Correctional Institution in Goldsboro. It seems the employee, Andrew Foster, who was the top Keith employee at Maury, thought the superintendent, Dennis Daniels, had not treated him fairly.

He saw to it that the video of the meeting was sent to two Keith Corp. supervisors in Charlotte. One of those supervisors watched it and then told investigators he instructed Foster not to do it again. A state employee later found the spy pen on an office desk.

Get that? They knew Foster violated a serious rule at the institution, but Keith Corp neither fired this employee nor reassigned him. And we only have their word he was even admonished to "not do it again." Had this been a state employee, he would no longer be a drawing a paycheck from taxpayers.


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Thursday 24 December 2015

Friday fracking video


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Belk Bowl 2015: Dak Prescott, Mississippi State offense having another fine year

After winning 10 games in 2014 and getting to the Orange Bowl with a quarterback who finished in the top 10 in  Heisman voting, Mississippi State was picked to finish last in the SEC West. Despite the return of that quarterback, and plenty of other contributors from that team. That speaks not only to the difficulty of the SEC West--every single team in the division received a first-place vote--but also to the unusual nature of the Bulldogs' 2014 season.

The media essentially asked Mississippi State to prove its legitimacy, which I suppose was fair enough given that this is a program that doesn't recruit at an elite level like a lot of others in its division. And more specifically, a program that had to replace multiple offensive line starters as well as running back Josh Robinson, who ran for 1,203 yards.

The Bulldogs didn't compete for a division title but still broke even in conference play and won eight games overall, and that's a nice year, even if it did end with disappointment in the Egg Bowl. They live in a tough neighborhood.

But they also have the best quarterback in the league--Dak Prescott was every bit as good as he was in 2014, just absent the Heisman hype because Mississippi State lost early in the season. (The entire Heisman everything is incredibly stupid.)

The noted departures from Mississippi State's offense may have been the cause for skepticism, but there probably was misjudgment of Prescott's potential, as well. MSU needed more from the passing game and he responded by cutting his interception total from 11 in 2014 to four in 2015, despite more attempts. A larger workload didn't really alter Prescott's overall efficiency. And Mississippi State's offense didn't fall off a cliff, or come anywhere close:

MSU Offense Off. S&P+ national rank Yds/Play
(national rank)
Yds/Rush
(national rank)
Yds/Pass Att.
(national rank)
2015 24
6.4 (27) 4.3 (75) 8.2 (31)
2014 11 6.7 (13) 5.2 (23) 8.6 (12)

Prescott attempted 36.3 passes per game in 2015, compared to 30.5 in 2014. The Bulldogs also ran the ball only about 33 times per game, down from about 44 the season prior. They weren't ready to replace Robinson's production, and Prescott ended up leading the team with 541 yards on the ground. He ran for 986 in '14.

So, yeah, when you lose a star running back and a few offensive linemen, it tends to hurt a bit, and force you to adjust your priorities. Prescott didn't manage as much success running the ball, and his average per pass attempt went from 8.7 to 7.8 (which still ain't bad).

Prescott made up for those losses in other ways--he upped his completion percentage from 61.6% to 66.9%, for instance. He threw four interceptions in 435 attempts, or one every 109 or so.

He was good enough through the air and with his feet to help mask this unit's losses; he also had a couple of veteran, all-conference wide receivers to help him out. Fred Ross and De'Runnya Wilson accounted for more than 1750 receiving yards between the two of them in 2015, and they were the team's top two receivers in 2014 as well.

Not bad circumstances for a group that needed to switch to a more pass-heavy approach.

NC State's defense has a whole lot of work ahead of it, and the primary concern is Mississippi State's decided statistical edge in several respects on standard downs. A good, efficient quarterback is gonna make for a really tough offense on standard downs. That's definitely the case with Mississippi State.

NC State's biggest edge defensively is its sack rate on standard downs, compared to what Mississippi State's offensive line is allowing. That might end up being what decides the Pack's fate on this side of the ball, and it's simple enough--either NC State can consistently get to Prescott, or Prescott's out there carvin' up the holiday ham.

The Mississippi State offense -- tl;dr 

Quarterback: Dak Prescott. Good sports player! Threw for 3400 yards, 25 TDs and four INTs this season. Completed 66.9% of his attempts. Threw for 3450 yards in 2014, with 27 TDs and 11 INTs, and a completion percentage just shy of 62%. He's a three-year starter.

Leading rusher: Dak Prescott. Ran for 541 yards and 10 scores on 148 carries (3.7 yards/att). He ran for 986 yards and 14 touchdowns on 210 carries (4.7 yds/att) in 2014.

Leading rusher, non-QB division: Brandon Holloway. Ran 79 times for 372 yards in 2015 (4.7 per attempt). Had a total of 53 carries combined over the previous two seasons. He's got 29 receptions for 318 yards and three touchdowns this year, and he has a kickoff return for a score.

Leading receiver: Fred Ross. Ross leads MSU in receptions (81) and receiving yards (933). Fellow veteran De'Runnya Wilson has 822 yards on 55 catches, with a team-high nine receiving scores. Those two combined for 1,169 receiving yards and 14 touchdowns in 2014.

The big hefties: Mississippi State had to replace three seniors up front, two of whom started 40+ games for the Bulldogs. This transition has gone okay. Staying healthy always makes a difference. The Bulldogs' interior linemen haven't missed a start all year. Their tackles missed a combined three starts between the two of them. At RT they have Justin Senior, who is in fact a junior. (And Canadian!)

All-conference players: Prescott (1st team), Ross (1st), Wilson (2nd).


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Court of Appeals races to watch for November

And Bergermeister Junior is at the top of the list:

Only one of the incumbents is tied to Democrats: Judge Linda Stephens, who was first appointed to the court by Gov. Mike Easley in 2006. Her opponent is Phil Berger Jr., an administrative law judge whose dad is Senate leader Phil Berger. The younger Berger ran unsuccessfully for Congress last year and has also served as district attorney for Rockingham County.

State GOP leaders have already been promoting Berger’s candidacy.

Of course they have. The more they stack the Court of Appeals, the less they have to worry about a swing vote on the (NC) Supreme Court. While cases might still gravitate upwards, it's a heck of a lot easier to uphold a CoA opinion than it is to reverse it. As far as Junior Berger is concerned, we could spend all day discussing reasons to keep him from dislocating Linda Stephens, but I'll let a graphic tell part of the tale:


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Wednesday 23 December 2015

Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction

I don't think that it was worth it for TSG to appeal Judge Murphy's Order denying its Motion for a Preliminary Injunction on a covenant not to compete.  That's true even though an injunction (though not on the covenant) was ultimately granted by Judge Bledsoe in an unpublished Order on December 14th. 

From Business Court To Court Of Appeals To NC Supreme Court And Back

Here''s a quick procedural history of the case:  In January of last year TSG filed in the Business Court a Motion for Preliminary Injunction enforcing a covenant not to compete..  Judge Murphy denied the Motion via an unpublished Order in February 2014.  TSG appealed and obtained a decision from the NC Court of Appeals reversing Judge Murphy in December 2014., 566 S.E.2d 561 (2014). The COA remanded the case to the Business Court and directed it to enter the previously denied Preliminary Injunction.  But then, the Defendant filed a Petition for Discretionary Review with the NC Supreme Court.  The Supreme Court denied that Petition (like it does with almost all of them) eight months later, in August 2015.

The Term Of The Covenant Not To Compete Ran Down During The Appeals

All throughout this appeal, the clock on TSG's two year -compete was winding down,  Its former employee, Defendant Bollinger, had quit his job at TSG on November 21, 2013 and began employment with a competitor, Defendant American Custom Finishing, LLC, four days later.  The non-compete agreement which he had signed was in place for two years.  (It said as to its term thatthe employee could be enjoined "[d]uring the period of two (2) years following the date of Employee's termination of employment with TSG. . . ."  Murphy Order 9).

By the time of Judge Bledsoe's Order last week, the two-year period of the non-compete had expired, and Judge Bledsoe ruled that the covenant not to compete could not be enforced.  Op. 23.

The Court Couldn't Extend The Term Of The Covenant Not To Compete

Covenant not to compete experts will think of those NC cases that extend the term of the non-compete for the period that it was being violated.  But those cases involve covenants that contain an explicit provision regarding their extension, like: "[t]he periods of protection shall not be reduced by any period of time during which [the employee is] not in compliance therewith." Phillips Elecs. N. Am. v. Hope, 631 F.Supp.2d 705, 718 (M.D.N.C. 2009)

The NC COA enforced such language in QSP, Inc. v. Hair,  152 N.C.App. 174, 177-78, 566 S.E.2d 851, 853 (2002), where the non-compete said that:

[Employee] agree[s] in light of the special nature of QSP's fund-raising business that if [employee] violate[s] this Agreement, appropriate relief by a court requires that the terms of paragraphs 1(a-f) and 3(b) will be extended for a period of twelve (12) months commencing on the date of [employee's] last violation of this Agreement....

But in this case, the covenant contained no provision regarding an extension, so Judge Bledsoe could not extend it beyond its two year term.

The Appeal Presented No Basis For An Extension

How about that failed Petition for Discretionary Review?   Was that a basis for extending the covenant's duration?  The passage of time caused by that unsuccessful Petition by the Defendants had caused the non-compete to expire.  The competitive restriction was governed by Pennsylvania law, which allows for an extension of a covenant's restriction if "fraud or unnecessary delay caused by the [enjoined party] . . . unjustly permitted the . . . time restraint to expire."  Op. 22 (quoting Hayes v. Altman, 266 A.2d 269, 272 (Pa. 1970)).

Judge Bledsoe said that there was no evidence:

to suggest that Bollinger has engaged in fraud or unnecessary delay to cause the restrictive period to expire.  To the contrary, Judge Murphy declined to enter a preliminary injunction in February 2014, and Plaintiff elected to appeal.  When the Court of Appeals overturned Judge Murphy's decision, Bollinger timely exercised his legal right to file a petition for discretionary review with the North Carolina Supreme Court.  Upon learning of the Supreme Court's denial of Bollinger's petition for discretionary review and the certification of that decision to [the Clerk of Superior Court for the County in which the case had been filed], this Court has acted promptly to issue this Preliminary Injunction Order as directed by the Court of Appeals.  Accordingly, the timing of this Order is the result of the normal processes of the North Carolina court system and not due to any 'fraud or unnecessary delay' by Bollinger.  Thus, an extension of the restrictive period . . . is not available. . . .

Op. 26 (emphasis).  Read "normal processes of the North Carolina court system" to read that the judicial system is not built for speed.  (I'm not picking on the North Carolina courts, that's true of all court systems).  If you are chasing after an injunction on a non-compete in the appellate courts after it was denied in the trial court, your non-compete is likely to expire during the appeals. So, pursuing the "normal processes" of an appeal may be a waste of time (and your client's money).

Can You Really Appeal An Order Denying (Or Granting) An Injunction Or Is It Interlocutory And Not Appealable?

The opinion from the NC COA in the TSG case gives a brief discussion of the appealability of an Order granting or denying an injunction.

The Court said that:

North Carolina appellate courts have routinely reviewed interlocutory court orders both granting and denying preliminary injunctions, holding that substantial rights have been affected. See, e.g., A.E.P. Industries, Inc. v. McClure, 308 N.C. 393, 302 S.E.2d 754 (1983); Iredell Digestive Disease Clinic, P.A. v. Petrozza, 92 N.C.App. 21, 373 S.E.2d 449 (1988) aff'd, 324 N.C. 327, 377 S.E.2d 750 (1989); Cox v. Dine-A-Mate, Inc., 129 N.C.App. 773, 501 S.E.2d 353 (1998); Masterclean of North Carolina, Inc. v. Guy, 82 N.C.App. 45, 345 S.E.2d 692 (1986).

566 S.E.2d at 853.

An Argument Based On The Inevitable Disclosure Doctrine Didn't Work

Plaintiff took a run at enjoining Bollinger from working in its industry of textile finishing based on the inevitable disclosure doctrine.  That seemed like a good idea given that Pennsylvania recognizes the doctrine.  Op. 28.  But Judge Bledsoe said that NC law, not Pennsylvania law, governed Plaintiff's claim for misappropriation of trade secrets.  Order 28.  He cited three previous Business Court opinions in which the Business Court said that it was "uncertain" and "unclear" whether North Carolina's appellate courts had recognized the doctrine.  Op. 28.

But the Plaintiff got an injunction enjoining Bollinger from misappropriating its trade secrets or any "confidential or other proprietary information as opposed to an injunction based on the non-compete, which would have prevented Bollinger from working for his neww employer.  The bond required was quite small -- only $250 -- since "the potential risk for damages" to Bollinger was deemed to be minimal.  Order 31.

All Is Not Lost: Plaintiff Can Still Get Damages

It's worth noting that the expiration of the non-compete doesn't preclude the Plaintiff from recovering  damages "that arose as a result of Bollinger's alleged violation of the Non--Compete Provision during the restrictive period."  Op. 27 & n.8.

 


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Steppin’ on Toes – as Vice President?

Governor Pat McCrory got some rare buzz over the past few hours as a potential vice presidential pick – for Donald Trump, specifically. It’s rare to hear veep speculation about the governor because McCrory is locked in a tight reelection battle with Roy Cooper in 2016 and can’t run for both offices at the same […]
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NC State fans can get their #STATEMENT Sticks at the Belk Bowl

I hope you like noise.

No that's not a euphemism, okay, you silly person? I can't believe you totally went there right off the bat ... er, stick. I certainly didn't. Anyhow, would you like to know what NC State is doing to counter Mississippi State and its horde of cowbells? They're bringing back thunder sticks! Of course, these are much better than thunder sticks, they are #STATEMENT Sticks.

...#STATEMENT Sticks! The first 25,000 Wolfpack fans can pick theirs up at any gate starting at 2 PM #PackTheQC http://pic.twitter.com/nJ8Ro4j1JF

— NC State Football (@PackFootball) December 23, 2015

That gif is kinda mesmerizing, actually. The Belk Bowl is now unofficially sponsored by artificial noise, with cowbells clangin' on the one side, thunder sticks smackin' on the other. It's possible this will be a terribly annoying cacophony, but at least now Wolfpack fans can get in on the action!

Personally I'd have gone with something more imaginative, like maybe we could have come up with a wolf sock puppet that makes a terrible howling sound when you open its mouth. Or what if we handed out small snare drums and drumsticks to everyone. You could call them #STATEMENT Snares.

Well, there's always next Belk Bowl. I'll keep brainstorming


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'Twas the night before Christmas

Tuesday 22 December 2015

NC State 58, UNC-Greensboro 52: Wolfpack barely averts disaster against Spartans

If you were wondering what NC State could look like at its worst--or something very close to its worst--then here you go. A slow start for the Wolfpack dragged on and on until it was just a plain terrible game; State needed a late push just to hold off UNC-Greensboro for a narrow 58-52 victory.

That's not quite the performance I would have hoped for coming off a road win at Missouri, and more specifically, a strong second half in that contest. But NC State was ice cold on Tuesday night, leaving Cat Barber to once more carry the offense and the team to a win.

Barber finished with 27 points on 10-18 shooting and hit two of the Pack's three made three-pointers. Maverick Rowan was only 1-10 from the field, while a more gun-shy Caleb Martin finished 1-4. Barber accounted for almost half of State's made field goals.

The Wolfpack made the situation worse by making only 13-26 from the free throw line as a team. At this point, it's a surprise (and disappointment) when Barber misses a free throw, which is a huge credit to his performance so far this season. Tuesday he missed twice, including the front end of a one-and-one. Cody Martin and Malik Abu were a combined 5-14. Yuck. There was a lot of yuck in this game. Whole lotta yuck.

NC State was incredibly fortunate to be playing UNC-Greensboro tonight. You don't get away with a lot of performances like this one.


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For Congress, Democrats Fill the Ballot

The filing period is now officially over. First, a look at who filed for U.S. Congress. Some takeaways: *In good news for Democrats, they got a candidate in every U.S. House district (including Thomas Mills in the Eighth). While 10 of the districts are lopsidedly Republican, just having a name on the ballot helps – […]
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Tuesday Twitter roundup

Possibly the most interesting political development from yesterday:

Looks like @tmillsNC finally figured out how to force people to read his blog. ;) good luck! #ncpol

— Max Socol (@mbsocol) December 22, 2015

And just to allay any potential concerns you might have: Yes, Thomas is a seasoned political consultant, but there's also a solid policy wonk just under the surface of that campaign veteran. Dude is smart and realistic, which is critical when it comes to crafting legislation that has more than a ghost of a chance of making it all the way to the President's desk.


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An unconventional candidate

Well, yesterday was put up or shut up day. After urging people to run for office to contest every Republican-held seat, I filed to run for Congress in North Carolina’s 8th District. I didn’t plan on running, but I also wasn’t going to watch a Republican incumbent get a pass, especially not in that district. […]
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Monday 21 December 2015

NC State reveals uniforms Wolfpack will wear in Belk Bowl

NC State is going to go with an alternate look for the Belk Bowl against Mississippi State, and the Wolfpack has made a fine choice, if I do say so myself. Per the team's announcement Monday morning, they'll be going with the black-white-black road combo in Charlotte. The gloves and shoes are brand new. (I think.)

NEW CLOTH ALERT! New @belkbowl unis getting us ready to #PackTheQC http://pic.twitter.com/p0JJdexTMO

— NC State Football (@PackFootball) December 21, 2015

The shoes are, uh ... interesting? Is that the right word? [Insert your "what are thooose" jokes here.] I'm hoping they will look better on the field than they do in this graphic, but otherwise, this is a good uniform combination. I'd like to see the black-white-black more often, but I also understand the desire to stick with the traditional school colors.

I don't know what Mississippi State will be doing for this game, but I think the Bulldogs should figure out some way to create helmets that sound like a cowbell when you rattle them. Imagine Mike Rose sacking Dak Prescott, with Prescott going down the tune of CLANGA CLANGA CLANGA CLANGA. I don't care how impractical this is, now that I've pictured it in my head, I demand that they make it happen.

Anyway. Do you like the Pack's get-up and/or the idea of cowbell-soundin' helmets?


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Rest in peace, Evelyn Mills


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"Progressive" orgs and sexual harassment

sexualharassment.jpg

Not as mutually exclusive as we'd like to believe:

The problem is much bigger than FitzGibbon, progressives told Vox. "Trevor certainly isn't the only one in the progressive space who has done this to me or women I've known, and he won't be the last," Mary said.

"In more than a decade in the movement, I've never worked at a progressive organization or campaign where sexual harassment wasn't an issue of some kind," said one female progressive strategist who asked not to be named. "I think it's a lot harder for progressive organizations to create a space that's free from that than people think it is."

As both a male and a Progressive, I found myself questioning the conclusions reached in this article. Maybe it just "seems" like a bigger problem than it is, you know? But it could be that very thinking that encourages this kind of behavior. When you create an environment where "doing good" is the base assumption, you're also creating an extra layer of "cover" for a sexual predator/harasser. And when well-meaning outsiders pour money into that operation, they are unknowingly providing support for such disgusting behavior:


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Brannon Back

One of the surprises of candidate filing this time around was the return of Greg Brannon. He’s seeking the U.S. Senate seat held by Richard Burr, having filed his candidacy in the last hours before the filing deadline. Brannon is definitely someone in the “Tea Party” mold, or as he would say, a constitutional conservative. […]
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Legal, but not fair or democratic

Today is the end of the filing period to run for office in North Carolina in 2016. Dozens of legislative seats will be uncontested and only a handful of districts will even be competitive. And the GOP is patting itself on the back because the North Carolina Supreme Court upheld their redistricting again. Just because […]
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Previewing UNC-Greensboro, a basketball team that tries at basketball

Sunday 20 December 2015

On racial profiling and the court of public opinion

th_Sundaythinkingblue.jpg

Excerpts from an encounter:

“I’m very pissed off,” Brockman responded. “I think if I was a white representative that you guys would’ve been like ‘OK, sorry sir.’”

The trooper said race had nothing to do with it.

A spokeswoman for the Department of Public Safety said the traffic stop was handled professionally.

Brockman claimed that what was inaudible is that the officer questioned whether the BMW he was driving was stolen. Brockman said that should not have been in doubt because it had a special House member license plate on it.

I am sad to say that nearly all my progressive friends have come to the conclusion that Rep. Cecil Brockman was the villain in this story. You might say, "C'mon Steve, 'villain' is a little over-the-top. I just think he was wrong." But the reality is, when something like this happens, we look at it through the lens of our own behavior. If somebody says or does something we wouldn't do, they fail our test. But for most of the folks reading this, that test is faulty. Why? Because if you're not African-American (or Latino, or Middle-Eastern, etc.), you're not driving around under the constant dread of being targeted by law enforcement because of the color of your skin. And you're not approaching life from the perspective you have to be prepared to provide proof of your innocence at a moment's notice, every hour of every day. In many ways, living under that dark cloud is akin to the environmental conditions that produce PTSD in soldiers: Constant fear and dread. And yes, law enforcement officers experience that as well, and we should do everything we can to ameliorate that effect. But not at the expense of the freedom and quality of life of a quarter of our population.


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Saturday 19 December 2015

NC State 73, Missouri 59: Wolfpack overcomes slow start to blow out Missouri

Box Score

Four Factors NC State
Mizzou
eFG% 45.4 50.0
Turnover Rate 14.6
13.0
Off Reb Rate 40.5 21.2
FT Rate 55.6 37.3
Pts Poss OFF_EFF DEF_EFF
Mizzou
59 62 95.2 117.7
NC State
73 62 117.7 95.2

NC State needed Cat Barber to be great during the first half against Missouri on Saturday night. He was. Barber rescued the Wolfpack from a sluggish start and a 19-9 deficit, to somehow give the Pack a halftime lead. The rest of the team showed up for the second half, and the Wolfpack went on to an easy 73-59 victory.

The Pack's start to the game was exactly what I was worried about coming off of the game against High Point--the offense was mostly lifeless, the shot selection was bad, and mental lapses gave Missouri some free buckets. The first 12 minutes were dominated by really bad basketball on State's part, but fortunately, Missouri is a bad basketball team, and it did not capitalize as often as it could have.

Then Barber took control, leading the team on a 20-9 run to end the half and give NC State a 29-28 lead at the break. That included a buzzer-beating three by Cat to give State that margin. He's starting to get a knack for those.

NC State needed Barber to be the focal point in the first half, merely to sustain something approximating offense. In the second half, fortunately, that was not necessary. The team was considerably more sure-footed, and benefited from better shooting across the board. There was a more concerted effort to attack Mizzou's bigs, which made a difference.

The Wolfpack started quickly in the second half and never looked back, leading by as many as 20 points. Barber was always there when needed, but Malik Abu and Maverick Rowan were also there to provide the support that had been non-existent to begin the contest. Suddenly Missouri started to look like the extremely young team that it is.

The Tigers had sustained their lead by rebounding well defensively, but that edge evaporated as State gained confidence, and that noticeably helped turn the tide, along with the improved shooting. The Pack also went to the line 30 times, compared to 19 trips for Missouri.

All due credit to Missouri for the initial effort, but time--the long run--eventually caught up to the Tigers. Cat Barber wouldn't allow for a letdown tonight.


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