Monday 31 August 2015
A New Name
http://ift.tt/1X99J4D
The hogwashing of science by NC State
The NC Pork Council's personal University:
The study, conducted by Stephen Harden of the U.S. Geological Survey, found higher levels of ammonia and nitrates in streams near concentrated animal feeding operations, or CAFOs. The study was commissioned by the N.C. Environmental Management Commission in response to a petition filed in 2007 by several environmental groups.
The Pork Council’s consulting firm hired Bill Showers, an N.C. State professor and director of the RiverNet program, which studies nitrogen in the state’s waters. His report, released before the USGS report, is critical of some of Harden’s methods and analysis.
It's not out-of-place for industry and higher education to collaborate; some of the greatest breakthroughs in science have occurred this way. But NC State's relationship with Big Ag in general and the swine industry in particular has evolved into something much less admirable: A loyal source for "opposing opinions" whenever the industry gets in trouble with environmental regulators. And this isn't the first time this year that professor Showers has engaged in public relations for the Pork Council:
http://ift.tt/1JIFI1s
The gun lobby and the debate on gun violence
http://ift.tt/1Q3xaY9
Sunday 30 August 2015
NC State's complete depth chart for Troy
With the reveal of the starters at placekicker, long snapper, and punter, the NC State's complete depth chart for the Troy game is out. And what a journey it's been! I'll miss the drawn-out nature of this exercise the most***.
(*** As Matt would say, Always Be Recruiting. The way they did this rollout, they could better showcase individuals. Errbody had 3.5 seconds in the Twitter limelight, and hey, I guess that's something. Sure I'll moan about it, but who cares what I think.)
ANYWAY. Here is the entire depth chart in table form, including the special-teamers, all of whom are freshmen. Everything appears to be in order; can we play football now?
| 1st-string | 2nd-string | 3rd-string | |
| QB | Jacoby Brissett | Jalan McClendon | |
| RB | Matt Dayes | Dakwa Nichols | Reggie Gallaspy |
| FB | Jaylen Samuels | Max Stoffer | |
| TE | David Grinnage | Cole Cook | Benson Browne |
| LT | Joe Thuney | Emanuel McGirt | |
| LG | Alex Barr | Garrett Bradbury | |
| C | Quinton Schooley | Terrone Prescod | |
| RG | Tony Adams | Bryce Kennedy | |
| RT | Josh Richardson | Tyler Jones | |
| WR | Nyheim Hines | Gavin Locklear | Ben Grazen |
| WR | Bra'Lon Cherry or Johnathan Alston | Elliott Davis or Vernon Grier | |
| WR | Jumichael Ramos | Maurice Trowell | Freddie Simmons |
| DE | Mike Rose | Darian Roseboro | Emmanuel Olenga |
| DE | Bradley Chubb | Pharoah McKever | James Smith-Williams |
| DT | Kentavius Street | Justin Jones | Coult Culler |
| DT | BJ Hill | Monty Nelson | Eurndraus Bryant |
| MLB | Jerod Fernandez | M.J. Salahuddin or Ford Howell | |
| WLB | Airius Moore | Ernie Robinson or Riley Nicholson | |
| NICKEL | Dravious Wright | Freddie Phillips | |
| CB | Jack Tocho | Niles Clark | |
| CB | Juston Burris | Mike Stevens | |
| FS | Hakim Jones | Germaine Pratt | |
| SS | Josh Jones | Shawn Boone | |
| PR | Bra'Lon Cherry | Nyheim Hines | |
| KR | Matt Dayes and Nyheim Hines | ||
| PK | Kyle Bambard | Jackson Maples | |
| P | AJ Cole | Will Stephenson | |
| LS | Tyler Griffiths | Ben Garnett | |
http://ift.tt/1JG81lk
The (mis)managed care of county jail inmates
A horrifying glimpse of what the NC GOP's Medicaid privatization might look like:
Earlier this year, a former inmate sued the county on claims that his medication wasn’t administered while he was incarcerated here or in a state prison, resulting in the amputation of his leg. On New Year’s Day, a man died of an apparent suicide within an hour of being booked into the jail.
ALAMANCE COUNTY contracts with Southern Health Partners Inc., of Chattanooga, Tenn., to provide medical and dental services to inmates. That company contracts nurses and physicians to work at the jail. A nurse is on duty at all times, Jones said.
After reading this story in my local paper, I decided to do some checking to see if our experiences with Southern Health Partners was unique. It wasn't. There have been numerous lawsuits filed by inmates (or their surviving family members) ranging from inadequate care to treatment that could be right out of the pages of a Dickens novel:
http://ift.tt/1JG8152
Anti-abortion professor invades Sandhills Community College
Which just happens to train hundreds of local nurses:
Life Care Pregnancy Center is hosting Mike Adams, a UNC-Wilmington Professor of Sociology and Criminology, on Thursday, Sept. 3, from 6:30-9 p.m. at Owens Auditorium at Sandhills Community College. Adams, a multiple winner of the Faculty Member of the Year award at UNC-W, will speak about the rights of the unborn, his transformation from atheism to faith, free speech in the university setting, and the current state of religious liberty in the United States.
At 8 p.m., the event will move to Kennedy Hall on the SCC campus for a “Meet the Author” reception, where Dr. Adams will be signing his books, which will be available for purchase. Light refreshments will be served.
Yes, this is the same professor who won the freedom of speech lawsuit against UNCW. Actually, it was the attorneys from Alliance Defending Freedom who won the lawsuit, an exceptionally heinous group who (among other outrageous actions) ironically fought to keep a Belize law in place that recommended a 10 year prison sentence for homosexual acts. And this jackass professor has the audacity to opine about Liberty. Apparently he really means: Liberty for bigots, prison for the people those bigots complain about.
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Sunday News: Cause & effect version
![bluenccup-1[1].jpg](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_sua5doYs35hGvlVLDTTGnPukzZIKY5Cnk_9ptJi34nKUy5GJ5mxqAgUiPp_fiiKIxET14OYBYFrw=s0-d)
Members of the "third house" shape public policy (WRAL-TV) -- Businesses and interest group pour millions of dollars into lobbying the General Assembly every year in order to influence everything from taxes to health policy.
http://ift.tt/1NYhDaQ’
Officials: Medicaid reform on track (Greenville Daily Reflector) -- The state Legislature appears set to pass a budget that will commercialize the state’s Medicaid management system for physical and mental health services, a local health services management director told her board of directors Thursday.
http://ift.tt/1JuF5LP
http://ift.tt/1UmyCW9
Saturday 29 August 2015
Recruiting Update: The Wide Receiver Board has Grown
Wide Receiver
It’s no secret how important it was for the Pack to land some big wide receivers in the class of 2016. They’re still in solidly with a lot of prospects that they’ve been on since the beginning, but only Durham Hillside wideout Daeshawn Stephens has joined the list of committed players. The last couple of weeks featured some pretty interesting shakeups on the wide receiver board, with the Pack extending offers to multiple players committed to other schools.
2 star Devontres Dukes, a 6’4" wide receiver out of Wharton high school in Tampa, Florida, was a player that had drawn NC State interest in the past but was viewed as more of a backup target. State backed off of him and he committed to Central Florida in late June. The Pack have circled back to Dukes now, as they’ve done in the past with some other players. Dukes certainly has the height State wants, and reciprocated the Pack’s interest enough to schedule an official visit for when Clemson comes to Raleigh on October 31st. NC State is Dukes only power-five offer currently.
NC State recently extended offers to two other committed (for now) receivers in Colorado commit Johnny Huntley and Cincinnati commit Andrew Parchment, both 2-star receivers from Florida. Both of these guys stand at 6’3" and fit the mold of what the Pack wants at receiver in this class. NC State is the only power-five offer for Parchment, and the only one other than Colorado for Huntley, and both appear to have significant interest in State. If visits are setup by these two will be telling for NC State chances at getting a flip, but given their offer lists, I’d expect them to be pretty good.
Elsewhere at receiver, State is still battling for four-stars Diondre Overton and Kelvin Harmon, but has significant ground to make up in both recruitments. Harmon is set to officially visit for the Troy game, so State will have their shot at him for sure and will need to seriously wow him in order to catch South Carolina. The Pack still appears to be in a strong position with targets Myles Dorn, C.J. Riley, and Chavis Dawkins, and a decision should be coming very soon for Riley. The sudden interest in other receiver targets could telling as to what some of these players will do, or maybe the Pack is just expanding their board for a position of need.
Other Positions
NC State’s chances with defensive backs Carlos Becker, Isaiah Stallings, and Henry Miller seem to be getting better and better. Becker listed a top two of NC State and Kentucky, the latter of which he has not scheduled a visit with. State appears firmly in the top three for Stallings along with Duke and South Carolina, and Miller could possibly join Becker as a package deal for the Wolfpack. At defensive end, State offered Christian Brooks and immediately landed in his top four along with Pitt, California, and Cincinnati. The offer could confirm the feeling that defensive end target Patrick Jones will end up Virginia Tech. Brooks love NC State, but Pitt looms large here as well after a visit there which he described as "awesome."
http://ift.tt/1KUJhm8
DSCC follies: Recruiting anti-LGBT candidate for US Senate
Senator Joel Ford emerges as a potential challenger to Richard Burr:
Ford calls himself a pro-business, moderate Democrat. He’s the vice chair of NC Main Street Democrats, a legislative caucus within the General Assembly. And now that he says he’s “entertaining” a bid, he believes he could be in a stronger position to run as a Democrat in a general election than Ross, who’s known for her progressivism.
“Collectively, we have to communicate a message that won’t scare away the base and will appeal to unaffiliated voters,” he said, lamenting the fact that in the past two elections Democrats have lost fellow Democrats and unaffiliated voters to the GOP.
It's one thing to hope that Democrats en masse will hold their (collective) noses and vote for a pro-business Democrat. It's another thing altogether to expect them to ignore the fact said Democrat joined the ranks of Republicans to pass bigoted and extremist religious legislation:
http://ift.tt/1KTU5ki
Saturday News: Justice denied version
No Retrial for North Carolina Officer Who Killed Unarmed Man (New York Times) -- North Carolina will not retry a white police officer who killed an unarmed black man who had just survived a car crash, state officials said Friday. The officer’s trial ended in a hung jury.
http://ift.tt/1hl7aLT
N.C. officer won't face second trial for shooting unarmed man after car crash (LA Times) -- North Carolina prosecutors will not attempt a second criminal trial for a white police officer who shot and killed an unarmed black man who had crashed his car, officials said Friday.
http://ift.tt/1UizHye
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Friday 28 August 2015
GOP jobs plan: Send teacher assistants to the unemployment line
And then make them contact 5 non-school employers every week:
http://ift.tt/1UiO5Xq
Blaming everybody
http://ift.tt/1LHEmKT
Duke Energy self-reports "no contamination found" in Lumberton
In a related story, Fluffy the dog says, "I don't know who tore up that couch pillow, but I'll keep an eye out."
Tests near the coal ash site at the closed Weatherspoon Power Plant in Lumberton show no hazardous levels of toxic material, Duke Energy officials said Thursday. Duke just competed groundwater testing near the Lumberton plant, according to Duke spokeswoman Zenica Chatman. The tests showed no impact on nearby wells or the Lumber River, she said.
"We're very encouraged by what we're seeing," she said.
She says, while looking at the stock readout showing Duke Energy's stock stabilizing at around $72 per share. As is often the case when PR makes it into the regular news columns, there's more to be learned in the commentary:
http://ift.tt/1LHEkCM
NC State's 2015 depth chart: Summarizing what we know so far
NC State's painstaking release of a depth chart is ongoing, with some big questions still unanswered--or really just one: how's the wide receiver position shaking out? We know the bulk of the two-deep at this point; the latest reveals came Thursday for the QB/RB spots , safeties and nickel, and the linebackers.
Here, in table form, the extent of the depth chart that's been made public so far (I went ahead and penciled in Jack Tocho and Juston Burris at CB, though they've not officially released the pecking order for that position group yet.):
| 1st-string | 2nd-string | 3rd-string | |
| QB | Jacoby Brissett | Jalan McClendon | |
| RB | Matt Dayes | Dakwa Nichols | Reggie Gallaspy |
| FB | Jaylen Samuels | Max Stoffer | |
| TE | David Grinnage | Cole Cook | Benson Browne |
| LT | Joe Thuney | Emanuel McGirt | |
| LG | Alex Barr | Garrett Bradbury | |
| C | Quinton Schooley | Terrone Prescod | |
| RG | Tony Adams | Bryce Kennedy | |
| RT | Josh Richardson | Tyler Jones | |
| WR | Nyheim Hines | Gavin Locklear | Ben Grazen |
| WR | Bra'Lon Cherry or Johnathan Alston | Elliott Davis or Vernon Grier | |
| WR | Jumichael Ramos | Maurice Trowell | Freddie Simmons |
| DE | Mike Rose | Darian Roseboro | Emmanuel Olenga |
| DE | Bradley Chubb | Pharoah McKever | James Smith-Williams |
| DT | Kentavius Street | Justin Jones | Coult Culler |
| DT | BJ Hill | Monty Nelson | Eurndraus Bryant |
| MLB | Jerod Fernandez | M.J. Salahuddin or Ford Howell | |
| WLB | Airius Moore | Ernie Robinson or Riley Nicholson | |
| NICKEL | Dravious Wright | Freddie Phillips | |
| CB | Jack Tocho | ||
| CB | Juston Burris | ||
| FS | Hakim Jones | Germaine Pratt | |
| SS | Josh Jones | Shawn Boone | |
(UPDATED FRIDAY AFTERNOON TO ADD WRs)
I realize the 2015 season has not even started so this is perhaps a wee bit premature, but it's difficult to look at this and not get excited about the Wolfpack's defense in 2016 and 2017. There are two upperclassmen in the defensive line's three-deep. Two. Only Mike Rose is a senior this year. There are no seniors in the linebacker group. Burris and Hakim Jones are out the door as graduates in the secondary, but that's it.
Maybe 2015 is the defense's year--there's talent enough for a breakthrough--but regardless, these guys have the potential to be very good as roster depth and continuity converge in 2016.
http://ift.tt/1NLY2wI
Pittenger's anti-union accolades
@reppittenger stopped by the @ABCofCarolinas office today to accept his Merit Shop Defenders Eagle Award #ncpol http://pic.twitter.com/7r5wsGzKkR
— Benton Albritton (@ABCCGovtAffairs) August 27, 2015
Instead of an eagle it should be a tortured factory-farm chicken. Here's the dirt on ABC:
http://ift.tt/1Jq0FRJ
Bush Team, Assemble!
http://ift.tt/1Jq0FRE
NC State suspends Shadrach Thornton 2 games for failed drug test
It had been a quiet offseason. But now Shadrach Thornton is back in the news, and once again it's not good news. NC State announced Thursday that Thornton has been suspended for the first two games of the regular season for a violation of team rules. According to ESPN's Brett McMurphy, that violation is a failed drug test.
Thornton has a lengthy history of legal troubles and this is the third time he's been suspended during his NC State career. Back in 2013, he was arrested and charged with misdemeanor assault following an incident with his girlfriend. Later that year, he was cited for marijuana possession, though those charges were dropped.
If this failed drug test is marijuana-related, it's not really a big deal--or rather it wouldn't be if Thornton did not have a pattern of legal problems preceding this most recent stumble. I'm sure Dave Doeren's patience has worn thin, though obviously he's not reached a breaking point.
As for what this means for NC State this season ... probably little-to-nothing. The Wolfpack shouldn't need Thornton's help to take care of Troy and Eastern Kentucky. Matt Dayes' workload will be a bit heavier, but this is NC State's deepest position group, and the offense will be fine. If anything, this is an opportunity for the young guys to turn some heads.
http://ift.tt/1MZzu4c
Thursday 27 August 2015
Eddie Goodall wants state to adverti$e for more charter school applicants
Think of how many more incompetent educators might try their hand if they only knew:
We already spend $20 million annually for lottery advertising, and senators want to spend $10 million more. We spend zero for charter schools. Advertising how to start charter schools in North Carolina offers a greater return on our taxpayer money than lottery advertising.
Better idea. Take $1 million of the lottery ad money and tell families and businesses about how to start a charter school. One primary reason we have dwindling charter applications (71 in 2014 and 40 this year) is that residents are unaware that it is indeed they and partnering neighbors or colleagues who apply to start the schools of choice.
No, the primary reason we have dwindling charter applications is that proponents are realizing it's not nearly as easy as people like you have been telling them. Somewhere around 1/3 of new charter schools close their doors within the first year, many of those never able to hold their first class. And poor financial planning is the major cause:
http://ift.tt/1NCMMn5
Like third world oligarchies
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Thursday News: Pot calls kettle black edition
Tillman's take: 'Big disconnect in the House' (Raleigh News & Observer) -- Sen. Jerry Tillman, R-Randolph, and Senate majority whip, wrote to his constituents with his views on the state budget impasse. “The NC House is divided on this issue,” he wrote. “When the leadership in the House wants one thing and the caucus wants another — how do you get a deal done? The longer we go without a budget the harder it is to fix the problem. “The House wants to spend too much money. We want to cut taxes, reduce spending and run government more efficiently. Hopefully one day we’ll come to an agreement and go home.”
http://ift.tt/1PAFZrH...
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NC State football depth chart: David Grinnage starting at tight end, Jaylen Samuels starting at fullback
NC State is releasing the depth chart for the opener against Troy in pieces. Already we've gotten the two-deep for the defensive line and the offensive line. Next up, the tight ends and fullbacks. There are no real surprises here, with David J. Grinnage and Jaylen Samuels leading the way.
State Starters: fullbacks and tight ends. Starters returning at both positions. http://pic.twitter.com/S1oQz26MY3
— NC State Football (@PackFootball) August 26, 2015
Grinnage is in line for a big year catching the ball from the tight end spot, and I wouldn't attach much meaning to Samuels being listed at fullback. Jaylen Samuels is not a fullback, and he's not really a running back, nor a tight end, for that matter. He is simply The One Who Smashes, a one-man brute squad who transcends traditional categorization.
Samuels lost some weight during the offseason, and the coaches have had great things to say about him throughout camp. He ain't just gonna be handling lead-blocking duties out of the backfield while begging for the occasional touch.
I'm really excited to see how Matt Canada's imagination goes when it comes to Samuels because the possibilities are myriad. Maybe he's better as a pass-catcher in this offense. Maybe we should fake every punt all season and let Samuels handle all of them. Reality is somewhere in between those scenarios. Probably.
http://ift.tt/1NCMOLL
Russell Wilson can tell you everything you need know about the healing power of nanobubbles
Nanobubbles. What are they? Of course we all know that. Everyone's heard about nanobubbles lately. They're the it-bubble of the summer, real breakthrough stars. What do nanobubbles do, exactly? Russell Wilson can recount their many virtues, thanks to his financial investment in Reliant Recovery Water.
Russell explains in this Rolling Stone profile that the special water with nanobubble technology helped him overcome a head injury:
Another venture is slightly less altruistic. Wilson is an investor in Reliant Recovery Water, a $3-per-bottle concoction with nanobubbles and electrolytes that purportedly helps people recover quickly from workouts and, according to Wilson, injury. He mentions a teammate whose knee healed miraculously, and then he shares his own testimonial.
"I banged my head during the Packers game in the playoffs, and the next day I was fine," says Wilson. "It was the water."
Now I know what you're thinking--this sounds a little outlandish, perhaps a smidge improbable. Russell may hear your doubts, but he does not care about them, since he's been fighting the doubters since day one.
I believe @Recovery_Water helped prevent me from getting a concussion based on a bad hit! #NanoBubbles
— Russell Wilson (@DangeRussWilson) August 26, 2015
(It is worth noting that Recovery Water's website makes no such preposterous claims, saying simply that the product will "accelerate recovery from injury and muscle related stress." But there ain't exactly a library full of concrete science behind any of their claims.)
Listen, man, it's one thing to serve as an advocate for a business in which you have invested money. It is entirely another to launch yourself into a previously undiscovered plane of corporate shillery.
Naturally, the internet had a lot of fun with this whole deal.
I sincerely hope Marshawn Lynch is mixing shampoo and Aquafina and selling it to Russell Wilson for $800 a bottle.
— Ryan Nanni (@celebrityhottub) August 26, 2015
Recovery water is the essence of wetness....and wetness is the essence of a champion http://pic.twitter.com/H2ZwZ0Lh4m
— Jameson (@the_Jameson) August 26, 2015
Russell Wilson be like... http://pic.twitter.com/qAKa47gaFR
— Rob Perez (@World_Wide_Wob) August 26, 2015
Russell Wilson wasn’t the first celebrity to endorse #NanoBubbles. @DangeRussWilson http://pic.twitter.com/MFiaCunatQ
— Corey Bennett (@coreybbennett) August 26, 2015
I gave my dog @Recovery_Water and he turned into a rebellious ginger teenage #nanobubbles #helpme http://pic.twitter.com/QS7TbTUYVU
— Connor Beastwin (@cBeastwin) August 26, 2015
#RecoveryWater #NanoBubbles http://pic.twitter.com/Uh0QSfw9Pb
— Who is Jose Rivera? (@whoisjoserivera) August 26, 2015
#NanoBubbles http://pic.twitter.com/Cfi705tyjd
— Jack Peglow (@JackPeglow) August 26, 2015
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Wednesday 26 August 2015
Another Shooting Not Far from Home
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Getting back to the good ol’ days
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Wednesday News: Legislative paralysis version
Leadership lacking (Greenville Daily Reflector) -- Educators locally and statewide have by now scratched the L-word from their students’ civics vocabulary lists as their first week is well underway without decisive action from state legislators on spending levels for the new school year.
http://ift.tt/1i2Ulq8
Price tag rising for extended legislative session (WRAL-TV) - -While the prolonged budget stalemate has idled lawmakers, the bill for their stay in Raleigh continues to rise.
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The #goacc Moment of the Week (8/26/2015)
The weekly in-depth look at the best (worst?) moments in ACC schadenfreude.
First, before we get started, I have to acknowledge the incredible voter turn out we had last week, which saw Philip Rivers' hilarious face edge out those awful Howard's Rock hats. As we inch towards football season, I think we'll see even more voter turn out, and I'm hoping so because we've got a damn doozy of a lineup for y'all to vote on this week. Good ol' JR is back this week, with some thoughts on the NFL preseason. And with that, it's time to vote. Which is your #goacc Moment of the Week? Vote below!
1. NC State has made a machine that barfs (h/t to our own @akulawolf).
NC State created a vomiting machine ... and just in time for football season! http://t.co/J1VX7QTxmA
— Steven (@akulawolf) August 21, 2015
I mean, I think they got enough throwing up after all of these damn gut punching losses we've been through over the years, AMIRITE??
2. Philip Rivers had so much fun making funny faces last week, he's back again! (h/t @Chargers).
Anyone else feeling this excited about tonight?! #SDvsAZ http://pic.twitter.com/KGDjivBLG4
— San Diego #Chargers (@Chargers) August 23, 2015
Never, ever change, Rivers. You're the damn best.
3. Chancellor Woodson jammed out on stage with Petey Pablo at #Packapalooza (h/t @NCState).
Chancellor Woodson joined @DaRealPetey and company on stage. What a night! #Packapalooza http://pic.twitter.com/qqfINljfGc
— NC State University (@NCState) August 23, 2015
"COME ON RANDY NORTHHHHH CARRRRROLINNNNNAAAAAAAAA COME ON AND RAISSSEEEE UP"
Everything about this picture is tremendous.
4. Belk is being acquired by a financial equity firm based in Syracuse (h/t @AmykKennedy).
BREAKING: Belk to be acquired by N.Y.-based Sycamore Partners http://t.co/nkKjHE6DUi via @CBJnewsroom
— Amy Kennedy (@AmykKennedy) August 24, 2015
Perhaps John Swofford is behind this, looking at more and more ways of expanding the ACC footprint. Because, as we all know, Belk is pretty much the most ACC department store in history.
5. Who's up for some Quidditch in Coral Gables?
Got everything checked off? Head on over to the IM Fields at 8PM! http://pic.twitter.com/CW2ljBGVul
— UMiami Quidditch (@UMiamiQuidditch) August 24, 2015
ONLY IF YOU BRING A POSITIVE ATTITUDE. CAN'T HAVE ANY MUGGLES BRINGING NEGATIVITY UP IN HERE. Oh, and enjoy the pizza!
6. Larry Fedora had his first radio show of the season last night, how'd it go? (h/t @_andrewcarter).
Is everybody excited about the 4-3, Fedora asks the crowd. One person claps. "That's great," Larry says.
— Andrew Carter (@_andrewcarter) August 25, 2015
To be fair, it's understandable for their fans to be skeptical about a defense that literally couldn't stop an immovable object from dropping 45 points on them. Well, how are other things going with the football team?
7. So has UNC gotten their kicking woes from last year fixed? (h/t @brettlive).
Practice notes from #UNC kicking so far. http://pic.twitter.com/fyxSzUkraJ
— brett thompson (@brettlive) August 25, 2015
Doesn't look like it!
And now, for your moment of wrasslin'....
THE JIM ROSS BAH GAWD MOMENT OF THE WEEK!!
With football season fast approaching, good ol' JR decided to take in some preseason NFL, and man, did he feel like he was back at the Royal Rumble. Take it away JR!
See y'all next week!
http://ift.tt/1LxqpfM
Tuesday 25 August 2015
Operation Take Down Trump, Version 3.0
http://ift.tt/1IefYZJ
Johnny Frasier working with scout team, may be headed for a redshirt
NC State is beginning to prepare for its season-opener against Troy (we're so close, y'all!), which means it's time to start getting in some reps against the scout team. True freshman Johnny Frasier was one of the players working with the scout group, per Joe Giglio.
Judging by the scout team number on Johnny Frasier, guessing that means he will redshirt this season
— Joe Giglio (@jwgiglio) August 25, 2015
That's not necessarily a surprise, Dave Doeren has hinted at such throughout camp
— Joe Giglio (@jwgiglio) August 25, 2015
Assuming Frasier redshirts, the reasons for it are clear: first and foremost, he stepped into an already crowded backfield, with Shad Thornton and Matt Dayes returning, not to mention Jaylen Samuels, who could provide help there if need be.
And Frasier did not enroll early, so he's had just a few weeks to grasp NC State's offense, which is a tough task for anybody, regardless of their talent level. Reggie Gallaspy's early enrollment paid significant dividends for him, and kept him ahead of Frasier on the depth chart throughout camp.
So Gallaspy is most likely the third major contributor out of the backfield, and State is also going to get Nyheim Hines some carries--be they on jet sweeps, reverses, or general trickfoolery. NC State doesn't necessarily need Frasier's contributions in 2015. Next season, though, will be a different story.
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Paying your own way
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Tuesday Twitter roundup
A product of incompetence or intentional delay?
Second budget extension deadline closing in on state lawmakers #ncpol #ncga http://t.co/mmNqk4nlDb
— Duke Govt Relations (@DukeMedOGR) August 25, 2015
The Magic 8-Ball sez, "What? They still haven't passed the Budget?"
http://ift.tt/1IefX8c
Tuesday News: Pittenger redefines "integrity" edition
Pittenger declines, again, to disclose House ethics letter (Charlotte Observer) -- Rep. Robert Pittenger reiterated Monday that he won’t release a letter from the House Ethics Committee that he said approves of the sale of his longtime real estate company to his wife before taking a seat in Congress.
http://ift.tt/1WRj94s
Pittenger: My former business acted with integrity (Charlotte Observer column) -- From U.S. Rep Robert Pittenger, in response to “Investors question Pittenger markups”
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NC State's cost-of-attendance stipends will be paid once-per-semester
We have a decent idea about what schools will be paying for cost-of-attendance this upcoming academic year, even if there are a whole lot a caveats that go with this alteration to the value of an athletic scholarship. Not only are schools faced with figuring out cost-of-attendance, they also must figure out the best way to dole out the money.
NC State is going to compensate its athletes once per semester, per David Peel of the Daily Press. Duke, Georgia Tech, Notre Dame, and Boston College are also taking the lump sum approach. Some ACC schools, like Wake Forest, Virginia, and Clemson, have settled on a monthly payment plan.
There's a learning curve on both sides, so it'll be interesting to see how these plans are modified going forward. It seems like the once-a-month structure would be better for college kids, so they're getting, say, $300 bucks every month, which would allow them to more effectively budget. As opposed to getting $1,500 in one this-is-all-you-get payment. But I know plenty of people who were frugal as hell in college, myself included, so maybe the payment frequency won't matter.
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Monday 24 August 2015
Duke Energy coal ash propaganda in the op-ed columns
Misleading people is much cheaper than environmental stewardship:
In response to your Aug. 18 editorial ("Why not recycle coal ash instead of burying it?"), we at Duke Energy agree that as much coal ash as possible should be recycled. State policy leaders also strongly support the option and outlined provisions in the N.C. Coal Ash Management Act to encourage recycling.
The structural fill projects at the mines in Lee and Chatham counties, for example, are a form of beneficial reuse for the ash stored in basins. By reclaiming those sites and safely placing coal ash in them with many layers of protective liners, we will help repurpose land that can be reused for future development.
Bolding mine. There is only going to be one "liner" in the classic sense of a man-made polymer, the rest are a couple of layers of various composites of clay. Calling those "liners" is like calling the leaves over your head a roof. And that single polymer liner won't be a continuous (as in unbroken) liner, it will be several pieces that need to be connected and sealed, hopefully properly. But even if that liner doesn't leak, the nasty leachate water from the coal ash isn't going to stay in the impoundment, it's going to be pumped out on a regular basis and disposed of:
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A Happy Dance For Plaintiffs Who Moot A Motion To Dismiss By Moving To Amend Their Complaint
What effect does that have on your well-drafted, sure to be granted, motion to dismiss?
Judge Bledsoe addressed almost exactly that situation today in Krawiec v. Manly, 2015 NCBC 82. The only difference was that the Plaintiff made a Motion to Amend its Complaint.
The Plaintiffs had hired the Defendants to teach at their Forsyth County dance studio, "Happy Dance." The Defendants quit their jobs and began working at another dance studio, in Charlotte. The Plaintiffs' lawsuit followed, alleging everything from breach of contract to misappropriation of trade secrets.
The Defendants all moved to dismiss the Complaint in May 2015. None of them filed an Answer to the Complaint. The Court held a hearing on the Motion to Dismiss in July 2015.
About one month after the hearing, the Plaintiffs filed a Motion to Amend their Complaint. That litigation maneuver leads to several questions:
Did Plaintiffs need to move to amend their Complaint? No, the motion was unnecessary because Rule 15(a) of the North Carolina Rules of Civil Procedure says that "a party may amend his pleading once as a matter of course at any time before a responsive pleading is served. . . ." N.C.R.Civ. P. 15(a)(emphasis added).
Weren't the Motions to Dismiss a "responsive pleading"? No, because "[f]or the purposes of [Rule 15(a)], a Rule 12(b)(6) motion to dismiss is not a responsive pleading and thus does not itself terminate plaintiff's unconditional right to amend a complaint under Rule 15(a)." Op. ¶10 (quoting Hardin v. York Mem'l Park, 221 N.C. App. 317, 320, 730 S.E.2d 768, 773 (2012)).
What happened to the Motion to Dismiss filed before the amendment? It was rendered moot by the Amended Complaint, which was deemed filed by the Court as of the date of the entry of its Order. Op. ¶14(b).
So, the outcome for the Defendants in the Krawiec opinion was that Judge Bledsoe allowed the amendment to the Complaint and denied the Motion to Dismiss as moot.
One way you can avoid the disappointing result for the Defendants in this case is to file your Answer at the same time you file your Motion to Dismiss. But really, who wants to do that?
Special note: This post is the first one in years that i have published the same day as the decision being handed down. I would be doing a happy dance myself about that if I could dance. Unfortunately, I have self-diagnosed myself as being "beat deaf" and I have given up any hope of dancing. But that promptness is largely a function of Judge Bledsoe's opinion only being five pages long anyway.
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McHenry for Jeb! The Endorsement Game
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McCrory mumbles some things about teachers
When he's not talking about himself, that is:
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Monday News: Roku to the rescue edition
GOP's big-money plan to save the Senate (Politico) -- To keep the Senate majority, Republicans plan to leverage what’s expected to be a huge money advantage, led by a hodge-podge of big-spending outside groups, to bloody Democratic challengers taking on a string of vulnerable GOP incumbents in pivotal swing states. This year, early spending has often come from obscure GOP-aligned groups. One Nation PAC, a group tied to Karl Rove’s American Crossroads, has dropped six-figures into states like North Carolina and Pennsylvania to prop up Sens. Richard Burr and Pat Toomey, respectively.
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Feeding at the government trough
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The NC State football schedule in tiers
SB Nation's Bill Connelly recently power-ranked all 128 FBS teams, and went a step farther by grouping them in tiers; "these teams are most likely to contend for the title;" "these teams can contend with a few breaks'" etc. Based on Bill's rankings and tiers, we can get a straightforward picture of how NC State's schedule sorts out.
Below, each team's ranking in Connelly's estimation, with spaces indicating a shift to a lower tier. NC State's ranking is No. 45.
17. Florida State
22. Louisville
24. Clemson
25. Virginia Tech
48. North Carolina
69. Boston College
86. Old Dominion
89. South Alabama
98. Wake Forest
99. Syracuse
119. Troy
Is Florida State going to be the best team NC State faces this season? The Seminoles' addition of Everett Golson addressed a lot of lingering issues, but it's difficult not to think Clemson is underrated, assuming Deshaun Watson stays healthy. In any case, there's no doubting that the Pack is faced with four really tough games this season; aside from the Atlantic heavyweights, there is the inter-division game on the road against Virginia Tech, which will all kinds of difficult. It doesn't feel like a stretch at all to imagine all four in the top 25.
I don't care where South Alabama and Old Dominion are ranked; those games are terrifying. When you go on the road with little-to-nothing to gain, it's frightening, and we're in that spot not once but twice. NC State's going to handle business, but we might do some sweating in the meantime.
October sets up well--at Virginia Tech and Wake Forest, home against Louisville and Clemson--if the team is willing to cooperate. Losing yet another game in Winston-Salem would be a disastrous setback, but if the Pack can shake that silly pretend-voodoo and grab at least one from VT/Clemson/Louisville, it's gonna be in great shape heading down the stretch.
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Sunday 23 August 2015
Message traffic related to Tom Ross dismissal
"You have four hundred twenty seven messages waiting for your attention":
UNC alumna and parent, Maureen Anne Costello Dwyer, to board members, Jan. 26: “On our family’s behalf, I am writing to express our extreme concern and confusion regarding the UNC Board of Governor’s recent actions regarding UNC President Tom Ross. As supporters of UNC and taxpayers in NC, we feel we, and everyone else in this state, deserves to know more specifically the reasons for the Board’s decision. Given the extremely limited and evasive information provided by Mr. Fennebresque in the news conference, it is incredibly difficult not to conclude that it is due primarily to politics and party affiliations.”
UNC supporter Patrick Walters to Fennebresque, Feb. 20: “I’m concerned (as are many others) about the abrupt dismissal of Tom Ross. From all indications he was doing a great job. Can you please explain in plain, simple, and honest terms why he was dismissed? If it’s because of differences in political ideology, then please just tell us.”
While Fennebresque freely admits there were more messages opposing the firing of Tom Ross, it's evident that many well-heeled Conservatives view it as an opportunity to reshape the ideology of the UNC System:
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Sunday News: Immoral minority edition
Pro Life Groups Protest at Planned Parenthood Clinics (TWCN-TV) -- The controversial issue of abortion was at the center of a number of protests held at Planned Parenthood clinics throughout the Carolinas on Saturday. Those events all part of a nationwide effort by pro life groups to end all federal funding for Planned Parenthood.
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Anti-abortion activists rally at Planned Parenthood in Raleigh (WRAL-TV) -- Anti-abortion activists are protesting outside Planned Parenthood clinics across the Carolinas.
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Saturday 22 August 2015
NC State football scrimmage No. 2: Kyle Bambard owns place kicking job; offensive line starters set?
As Alec mentioned on Friday, Joe Thuney was playing left tackle with the first-team offense, with Alex Barr at left guard, and redshirt freshman Will Richardson at right tackle. Mainstays Quinton Schooley and Tony Adams are locked in at center and right guard. And based on Dave Doeren's remarks following the team's second scrimmage Saturday, it appears that's how the Wolfpack's offensive line will look in week one.
"Alex Barr and Thuney were playing on the left side together a lot, and Will Richardson took the majority of the reps at right tackle. Tony at right guard, Schooley at center... that's been our primary lineup this week. I think that's where Mike [Uremovich] is most comfortable right now."
Doeren added that he has eight guys "we feel good about right now" up front, including freshmen Garrett Bradbury and Tyler Jones. That's not an ideal level of depth but should suffice barring a rash of injury within the unit. NC State also has a lot of flexibility within its starting five, which may wind up being important: Thuney and Barr both have experience at guard and tackle, while Adams can serve as the center if need be.
Elsewhere, freshman kicker Kyle Bambard (Bambardment!) had another strong scrimmage, per Doeren, and made another 53-yard field goal. He'll be Nik Sade's replacement, and he's also still in the running to handle kickoffs. Doeren mentioned that he had a several kickoffs go for touchbacks on Saturday, and as a result it sounds like the staff is re-evaluating that situation. Jackson Maples is Bambard's competition for that job.
Nyheim Hines was making plays again, and got himself into the endzone for the second straight scrimmage, but the coaches don't want to hand him too much too soon. "We need to get him hit a few times and get the butterflies out of his body on offense probably before we have him returning kicks, but ultimately we'd love him to be the guy," Doeren said.
So maybe we see Bra'Lon Cherry or Matt Dayes returning kicks, at least initially, with Hines stepping in later should the production from returners lag again this season. Cherry lost the punt return gig last year after catching a case of the muffsies (official football term), and let's hope we don't have to go through that again.
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Main Street Dem opposes municipal broadband
Rep. Michael Wray co-authors a propaganda-laced op-ed:
The Federal Communications Commission, in Washington, D.C., recently voted to overturn a North Carolina law that set limits on municipal broadband networks. We’ll leave the question about whether the FCC’s action was constitutional to the legal scholars.
But even if the FCC action is legal, that doesn’t make it right. That’s why we support U.S. Sen. Thom Tillis’ legislation to stop the FCC from overturning North Carolina’s law.
As you can see, not only is this op-ed riddled with industry talking points, this "Democrat" is actively promoting Thom Tillis' Senatorial activities. On top of that, he uses the hardships General Assembly Republicans have foisted on municipalities as a lever to discourage muni broadband:
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Friday 21 August 2015
PPP: McCrory Behind, Burr Ahead
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Burr's cluelessness on national security
Lot's of complaints, but only vague solutions:
Burr said he wasn't suggesting that thousands of U.S. armed forces be sent to fight the terror groups, but rather that trust must be rebuilt among U.S. allies in the region surrounding places such as Syria and Iraq, where the Islamic State is strong.
"Let's prosecute the war against terrorism, and let's leverage not just the Kurds but everybody in the Middle East that has the potential for boots on the ground and change the landscape," he said.
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Weekend open thread
To get your weekend off to a great start, enjoy the creepy picture below the fold.
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Friday News: Puppet patronage edition
McCrory gets way on jobless benefit review board (Winston-Salem Journal) -- Gov. Pat McCrory has gotten his way in a long-simmering dispute over the composition of an independent board of review that hears appeals of unemployment insurance benefit decisions. The board is a part-time job paying $120,737 annually.
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Stop TABOR
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Kevin Kelley's mad football science now includes rugby concepts
Kevin Kelley, if you're not familiar, is a high school football coach in Arkansas who has grown notorious for an unorthodox approach to the game. Basically, he's not interested in willingly giving the ball back to his opponent, so his teams almost never punt or kick the ball deep after scores.
He's had enormous success, and he was recently profiled by HBO's Real Sports for the second time. I highly recommend this segment if you have access to it, because it's fascinating to go behind the scenes and see how Kelley puts his teams together.
For example, Kelley implements a dozen different types of onside kicks. A dozen! From multi-fake-kicks to a drop-kick onside kick*** (!), to a straight fastball down the opponent's throat. Onside kicks require a certain amount of good luck, but I doubt there's anybody more prepared to execute them than Kelley's Pulasky Academy team.
(***It's legal to pick the ball off of the tee, then lateral it back to another guy who performs the drop-kick. I dunno if that's true in college, but it blew my mind.)
This year Kelley is bringing rugby concepts to his passing game after he discovered that explosive plays are more likely when three or four guys touch the ball as opposed to one or two. And explosive, 20-yard plays correlate highly with winning; the team with more big plays tends to win.
He found that on plays when two players touched the ball - a typical handoff or pass - teams gained 20 yards about 10 percent of the time. But when at least three players touched the ball - a trick play with a lateral involved - the percentage for gaining 20 yards rose to around 20 percent.
"That got me thinking," Kelley said. "How could we develop a system for more than two people to touch the ball?"
Right, so no kicks deep, almost no punts, and now he's implementing an aggressive, down-field triple-option sort of approach. He is basically my football hero.
At the end of the HBO piece, there's some discussion about what this all means for his potential in coaching, since he's not been able to break into college football. He had an opportunity to talk with Columbia about their head gig a few years ago, but they went in a more traditional--and as it turned out, disastrous--direction, despite having nothing to lose.
But it only takes one athletics director who thinks like this dude to make Kelley's college shot happen, and it will happen eventually. If you have a struggling FCS program with little history, for instance, what is the harm in giving him a shot? Somebody's going to come to that realization.
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Thursday 20 August 2015
Business Court Awards Rule 11 Sanctions For Baseless Fiduciary Duty Claim
Southeast Air Charter had brought suit against three of its former employees, none of whom were officers or directors of the Plaintiff, alleging that they had breached their fiduciary duties to it. It's not hard to be aware that fiduciary duty claims against "rank and file" employees are rarely going to get past a Motion to Dismiss. The North Carolina Supreme Court pretty much eliminated the possibility of making a fiduciary duty claim against a non-officer or director employee almost fifteen years ago, in Dalton v. Camp, 353 N.C. 647, 548 S.E.2d 704 (2001).
Judge Gale wrote in his Southeast Air Charter ruling that:
[a]bsent extraordinary circumstances of special relationships of trust and confidence leading to dominion and control, employees who are not also officers and directors should not be put to the burden of defending fiduciary duty claims.
Order ¶26.
The Court had previously ordered that Rule 11 sanctions were appropriate for the Plaintiff "having filed the claims for which Plaintiff had no reasonable basis to believe were factually supported." By the time the Court ordered sanctions, the Plaintiff had voluntarily dismissed all of its claims. The ruling granting the Defendants' Motion for Sanctions was entered in a June 30, 2015 unpublished Order.
The purpose of this week's Order was to determine the appropriate amount of the sanction. The Court had to determine how to allocate the attorneys' fees incurred by these Defendants, all of whom were represented by the same law firm. The law firm requested a total of $35,887.01. It broke that down as $19,322 for one of the Defendants (Steiner-Crowley) against whom all of Plaintiff's claims were deemed to be in violation of Rule 11, and an amount representing one-third of the total fees incurred by the two other Defendants (Robinson and Viall) who were subjected to not only the fiduciary duty claims deemed to have been made in violation of Rule 11 but also a variety of other claims that were not subject to Rule 11 sanctions.
Judge Gale didn't agree with those proposed allocations. As to Defendant Steiner-Crowley, even though all the claims against her were subject to Rule 11 sanctions, he did not award her all of her fees. Given that Steiner-Crowley had said that there was never any basis for the claims brought against her, the Court said that she "should bear some responsibility for not attacking those claims on the pleadings before incurring significant other expense." Order ¶16. In its discretion, the Court discounted her fees by fifty percent.
For Defendants Robinson and Viall, the determination of fees was more difficult. Those Defendants had faced multiple claims, only two of which were subject to Rule 11 sanctions. Their counsel suggested that they each receive a third of the fees they had paid. Should they, like Steiner-Crowley have mounted an early attack on the claims forming the basis for sanctions?
Judge Gale recognized the "strategic considerations" dictating that an early Motion to Dismiss not be filed. He said:
[e]ven if counsel believed the motion was strong regarding the claims now subject to sanctions, the strong possibility that other claims would have survived an early dispositive motion justified allowing even the weak claims to survive.
Order ¶20.
The Court then looked at the total fees billed for the entire representation, and found them to be reasonable. But it determined that awarding one-third of the total fees would be excessive, as:
it cannot determine that this amount was incurred solely because [the pleadings] included the breach of fiduciary duty . . . claims.
Order ¶22.The Court found that an appropriate sanction would be ten percent of the fees charged.
Even after the cutting of the amount of fees sought, this was not an insignificant sanction. The total fees awarded were $14,680.70. Order ¶23. And after some discussion about whether it was reasonable for Plaintiff's counsel to rely on his client's representations to make the fiduciary duty claims, Judge Gale ordered that the Plaintiff should bear the entire burden of the sanction as opposed to it being shared jointly with its lawyer.
If you are thinking that the award of nearly $15,000 in fees was not enough to give the Defendants a full recovery, Judge Gale dealt with that point as well. he said:
the purpose of imposing Rule 11 sanctions is not to assure a full recovery on claims arising from a common factual nucleus. Rather, the purpose is to sanction conduct and the statutory direction is to sanction only that portion of efforts that would not have been required but for the improper claims.
Order ¶22 & n.1.
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Raleigh: Where the Sidewalks End
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Bob Hall pushes for further investigation of sweepstakes corruption
But the system may be too subverted to take on the job:
“The report doesn’t connect the dots to all the money that changed hands,” Hall said Wednesday. “The DA and U.S. attorney have additional tools to investigate bribery, tax evasion, racketeering and public corruption. They need to use those tools for this case, as they have in the past.” Freeman said among her options is asking the State Bureau of Investigation to look into it further.
The SBI began looking into campaign donations from the video sweepstakes industry early last year, but by July, when the elections board report was made public, the agency said the case was closed. Freeman said she didn’t anticipate taking the matter to a grand jury without further investigation.
I find it interesting the SBI has the capacity to create blood-splatter evidence when it wants to railroad an innocent man straight to death row, but they can't follow a well-lit trail of illegal gambling proceeds without giving up and heading back home. Maybe because that trail was leading to their boss in the Governor's mansion:
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Spinning education
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For NC State, a breakthrough year is going to require more consistency
If you break down NC State's 2014 season into three chunks, you've essentially got the summary of the year. The Wolfpack took advantage of its non-conference schedule to start 4-0, then went 1-3 over the next four games, and then finished 3-1, including the bowl game.
That made for a per-game percentile performance graph that described our emotions as much as it did the team's results. State bottomed out to an incredible degree against Clemson, but it also had dominant road performances against South Florida and UNC, plus an outstanding effort against UCF in the Knights' back yard.
NC State was one of the most volatile teams in the country, per Bill Connelly's percentile performance metrics. The Pack's best games put it in the 93rd percentile, while its worst (Clemson) put State near the bottom of the FBS. Here are Bill's numbers: max percentile, with rank; minimum percentile; median percentile; mean percentile; and variance.
| Team | Max | Rk | Min | Rk | Median | Rk | Mean | Rk | Variance | Rk | Overall S&P+ | Rk |
| NC State | 93% | 57 | 1% | 114 | 74% | 29 | 58% | 49 | 11% | 124 | 4.0 | 50 |
The peaks and valleys made State one of the more variable week-to-week bets in 2014, but we can probably go farther than that and say that volatility could go drive-to-drive or quarter-to-quarter. Remember the Boston College game, where State scored touchdowns on its first two drives, then went scoreless the rest of the way? Or the Georgia Tech game, where the Pack again came out strong only to fizzle over the last three quarters of the game. (Granted, there were some serious turnover shenanigans involved in that meltdown against GT.)
So I guess the motto for 2015 should be, uh ... Raise The Floor? Yeah that's not going to sell any t-shirts, but it'll be an important indicator for Dave Doeren's program. In each of his first two years, State's had a game where the bottom completely fell out, to the point of embarrassment. The Pack offered so little resistance to FSU in 2013 and Clemson in 2014, it was jarring, and while there are reasonable explanations for both results, those games are enough to lend some doubt to 2015.
Are these guys grown up now, or is there still too much youth in the two-deep for the team to be trustworthy? The first step is going to be in halting the smaller lapses, and playing at a more even keel against the likes of Syracuse and Boston College. Of course, NC State's league season doesn't start with those middleweights, so the overall picture may be jumbled. So it goes.
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Wednesday 19 August 2015
NC State player power rankings! Which true freshmen are most likely to have an impact in 2015?
With the season fast approaching, we are starting to get a feel for who will play early out of the 2015 freshman class. There are a few obvious answers to the early playing time questions, but there are a few surprises as well. Of course some of the four stars will see the field, but there could be some lesser known freshmen seeing significant time right off the bat.
The following rankings are based on how immediate (and how big) of an impact each incoming freshman could have during their careers at State.
1. RB/WR/KR Nyheim Hines
Anyone who follows NC State recruiting closely at all knows all about Hines, the local speedster who is a jack-of-all-trades. The consensus four star recruit from just down the road in Garner is already getting a lot of reps at slot receiver and returning some kicks and punts. Recruited as a running back primarily, Hines knows this is the quickest way to see the field as well as perhaps the best way to get him in space. The national-level sprinter could be breaking long plays as early as game one.
2. LS Tyler Griffiths
This may seem a bit odd, but Griffiths (who was given a scholarship, rare for a long snapper), will step straight into the role. After walk-on RC Brunstetter decided to transfer, he became the only option at long snapper. Griffiths was also wanted by Louisville, but decided to stay in the state of North Carolina for his collegiate years. Early reports from camp are mixed on his results, so with his large early impact, some improvement would bode well.
3. DL Darian Roseboro
Back to the more expected contributors with Roseboro, who was generally seen as one of the most anticipated newcomers of the group. After flipping from his brief commitment to Michigan, the Wolfpack coaches immediately had plans for Lincolnton prospect to jump into the two-deep on the defensive line. The question is where he fits, as his size at 6'4" and over 270 lbs could fit at either end or tackle. Right now, he is slotted as the backup defensive end.
4. S Freddie Phillips
The first commitment in the cycle, Phillips was an early enrollee and it will help him see the field early despite talent and large numbers in the secondary. The three star from South Carolina picked the Pack primarily over UNC and Wake Forest and has already shown some leadership qualities among the freshmen. Currently, Phillips is second on the depth chart at nickel back and should see some snaps there throughout the season as well as plenty of action on special teams.
5. RB Johnny Frasier
It has been a hot debate among the NC State faithful as to which freshmen backs will contribute this season and to what degree. Frasier, a local 4 star back, has the measurables to fit in from day one, even if he is still technically behind fellow freshman Reggie Gallaspy on the depth chart. Over the course of the season, Frasier's ability and size will be hard to replicate. He could at the least be a 3rd-and-mid type option.
6. RB Reggie Gallaspy
While touches will be limited with up to six backs wanting touches, Gallaspy still appears set to make a difference. He was a star of the Spring Game, with well over 100 yards, and is still mentioned by the coaches as being ahead of Frasier at this point. Enrolling early has certainly helped the Greensboro native, and may get some touches, at least in the early games.
7. LB Riley Nicholson
Nicholson, another early enrollee, looks set to make an early impact despite a strength at the linebacker position. However, that impact is likely to be on special teams for now. The three star from Florida has done well on special teams so far and will hope to get on the field this year and next for some reps at his actual position. Sophomores Jerod Fernandez and Airius Moore are his major roadblocks to major playing time.
8. WR Freddie Simmons
One of the last additions to the NC State class of 2015, Simmons is a lanky wide receiver with game-breaking ability. With a receiving corps in flux, Simmons has a real chance in the next few weeks to break into the rotation. With his size at 6'3", he presents both a deep threat and a target in the red zone. However, he may need to add quite a bit of weight to play much early.
9. DT Eurndraus Bryant
Bryant is a massive lineman well over 300 pounds, and it appears that his size may lead to playing time as a freshman. Another late addition (due to academic questions) and a two star, Bryant has seen some reps in fall camp with the two-deep. Whether he cracks the rotation this year or not, he seems poised to play significant snaps by his sophomore year.
10. OT Daris Workman
Workman is not exactly expected to play this season despite his junior college pedigree, but he should, at the least, challenge for a spot in the mix is season and play as a redshirt junior otherwise. Workman's biggest challenge is adding a few pounds, as he came to Raleigh around 260 lbs. His experience combined with his potential frame is intriguing to the coaching staff, who have been hoping for more competition along the o-line.
11. LB/DB James Smith-Williams
Yet another two star prospect (and early enrollee) who is competing for a spot on the depth chart, JSW has size that fits well with what the coaches have liked at the nickel back position. Right now, at less than 220 lbs, Smith-Williams is a tweener who may eventually become a full-time linebacker. He is a very strong student (engineering major), so picking up the playbook should not be an issue. He could be another special teams option, like Nicholson.
12. OT Emanuel McGirt
It may be a surprise to see the fourth highest-rated recruit in the class fall this far, but it is nothing personal against him. McGirt is a highly gifted with great size, it is just rare for a freshman left tackle to see the field. If some of the returners struggle, though, he could be plugged into that spot quickly. The Durham native will at the least see the field next year.
13. DT Quentez Johnson
Another 300 plus defensive tackle, Johnson's size was attractive as a nose tackle option. After picking the Pack over some other ACC level offers, Johnson helped put together this class with his personality. If he works hard to get into the right kind of shape, his ability to take on blockers should earn him some playing time in his first 2-3 years.
14. WR Vernon Grier
Grier is a rather unheralded addition, but he adds to the group of former track athletes that Dave Doeren has been stockpiling. A tad undersized at about 5'10", Grier's speed and polish may help him see the field early. Flipping the commitment of Grier from Charleston Southern was a good one for more than just his measurables, Mallard Creek is the powerhouse of NC high school football right now (oh, hello, Jaylen Samuels).
15. QB Jakobi Meyers
While certainly not expected to play this year, it appears as if Meyers will be the immediate backup to Jalan McClendon next season, so he will certainly have to be ready to play. After changing from Akron to State, Florida came calling but it was not enough. The dual threat QB could be an exciting leader down the line.
16. WR Brian Sessoms
Another player who is not expected to contribute in year one, but Sessoms' speed should come into play before long. Sessoms could pair with Hines down the line to form a deadly kick return duo. Running sub 4.4 40s in camp means he has legitimate speed that will be of use on the field at some point in his career.
17. DE Emmanuel Olenga
Olenga is yet another flip, from ECU, who has some long-term potential in Raleigh. At 6'4" and over 245 pounds, he has prototypical size on the edge, and is basically blocked from early playing time by the strength at the position. If Olenga stays the course, he could be one that I get wrong in this list with his size and speed.
18. S Jarius Morehead
One of the first commitments came from the alma mater of both Debbie Yow and the Holt brothers. Morehead has made some impression on the coaching staff, but appears to be blocked by the depth at the position. He could see the field as early as next year if he keeps improving, as it sounds like he has the strength and IQ to contribute.
19. DE Tyrone Riley
Riley has fantastic size potential for the Wolfpack, coming in at 6'6" and around 215 lbs. As soon as he is able to pack on 40-50 more, he could have a Pharoah McKever-like impact as a rush end. Pursued by several ACC and SEC (former Kentucky commit) programs, Riley clearly has potential once he adds that weight.
20. OL Aaron Wiltz
Wiltz is nearly physically ready to play, but, like McGirt, will more than likely not be pressed into action. The former UCF commitment will likely be a contributor as a junior and senior, barring any surprises.
21. OL Philip Walton
Walton has the size and reach to ultimately become a useful asset for the Wolfpack, but he still needs to gain weight and improve his footwork. At over 6'5", Walton has the reach to eventually play tackle, but will have to wait a few years to truly contribute on Saturdays.
NA C TJ McCoy
McCoy left the team and transferred to Florida this summer after enrolling early in Raleigh. A combination of his father's sickness and his own homesickness led to his decision. He was looking like an eventual starter at center.
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Trump Trumps Bush, Clinton in NC
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Coal Ash Wednesday: DENR putting the brakes on cleanup
Citing the costs of remediation as their main concern:
North Carolina’s environment agency asked Tuesday that its own enforcement cases over Duke Energy coal ash practices at 10 power plants be put on hold. “A stay of these proceedings will ensure careful consideration of each of these factors, including the economic impacts of the proposed manner of closure, during the process for approval of closure plans,” DENR’s motions said.
The coal ash law requires that the potential costs to consumers be considered in closing the ponds. Duke’s current cleanup estimate is $3.5 billion and has said it will ask permission to pass costs to customers. DENR cites an earlier estimate of up to $10 billion.
This is a classic Republican-engineered situation: You craft a piece of legislation that sounds good but is embedded with a self-destruct mechanism. In this case, it's the costs associated with doing what must be done. If the GOP had been serious about its concerns for ratepayers, they could have easily fixed that before passing the bill:
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Wednesday News: The devil is in the details edition
NC lawmakers, McCrory agree on spending $21.74B this year (AP) — North Carolina's budget, already seven weeks late, plodded closer to completion with Tuesday's announcement that Republican Gov. Pat McCrory and the legislature's GOP leaders have agreed on how much will be spent this year.
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Governor, lawmakers clear budget roadblock (WRAL-TV) -- Gov. Pat McCrory and top lawmakers say they have agreed that next year's budget will be $21.735 billion. Negotiations about what that money will be spent on will now begin.
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The GOP’s alternative reality
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NC State football players not getting arrested at elite level
About half of the teams in the Football Bowl Subdivision have had at least five players arrested over the last five seasons, according to research from journalist Mike Rosenberg. Leading the way is Washington State, which has had a staggering 31 reported arrests over that period--and not nearly that many wins. NC State has had five reported arrests over the last five years, putting State pretty much right in the middle of FBS.
Which is to say, NOT ELITE. Stuck down there with Tulane; didn't even make the top 50.
Found 900+ total arrests for FBS college football teams last 5 years. That's one every other day. Top 50 programs: http://pic.twitter.com/0yGJhV6X7B
— Mike Rosenberg (@RosenbergMerc) August 18, 2015
This program is never going to get where we want it to go as long as it's stuck on a tier with Tulane and Louisiana-Lafayette. I just don't get it. We have campus police, right? And they have uniforms and cars and the whole nine? Plus they know laws? WHAT ARE WE MISSING***
(***I'm completely joking about all this, everyone's following, right?)
Here's the win-per-arrest breakdown:
And now the wins-per-arrest rankings in college football last 5 years - thanks to @cdjarrell for this http://pic.twitter.com/t7OxUZ1Jfd
— Mike Rosenberg (@RosenbergMerc) August 18, 2015
NC State's average, by the way, is 7.0. (Thirty-five wins over last five seasons, five arrests.)
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(Sponsored) We Can’t Leave Rural North Carolina Behind
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Tuesday 18 August 2015
Another Democrat Playing Defense
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Aspiring to mediocrity
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Tuesday Twitter roundup
Counting the costs of fiscal mismanagement:
NC lawmakers extend budget deadline for 2nd time. What that means for programs & services https://t.co/4zG2cZAkQ1 #MyNCBudget #NCGA #NCpol
— Budget & Tax Center (@ncbudgetandtax) August 18, 2015
The impact on educators is nothing less than debilitating:
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Tuesday News: Seceding from reality edition
Confederate flag spotted atop Asheville construction crane (AP) -- An Asheville construction worker has climbed to the top of a crane to remove a Confederate flag that had been placed there.
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Confrontation over Confederate flag leads to gun pointing in Hickory (Charlotte Observer) -- A teen was flying the flag from his pickup truck
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NC State football is almost here, but until then, we'll just have to watch replays of wins
We are less than three weeks away from the first game of the season, leaving us less than two weeks away from Game Week. As exciting as that sounds, it may not quite be enough. I would like football tomorrow. Give me football tomorrow. You don't have any football ready for tomorrow?!
All right, looks like we're going to have to rely on the internet to get us through these next couple weeks of practice. (And remember, always be praying for the safety of knees. Everyone's knees. Mainly football players' knees this time of year, but definitely everyone's knees.)
So here's the NC State win at UNC from 2008, with no short-yardage hail marys required. This was a breakthrough spot in Russell Wilson's NC State career, but it's also notable for...
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Minority Shareholder Owed No Fiduciary Duty To Other Shareholders In Merger Transaction
BAT helped fund RAI's purchase of Lorillard (for $27.4 billion) by buying approximately $4.7 billion in RAI stock in order to maintain its 42% ownership of RAI. RAI funded the remainder by selling of several of its popular cigarette brands to Imperial Tobacco Company, a tobacco holding company headquartered in Bristol, England.
Corwin's action asserted that BAT and RAI's board of directors had breached their fiduciary duty of candor to him and other BAT shareholders by making inadequate disclosures regarding the transaction. The claim that the disclosures were inadequate were resolved by a settlement in January 2015. You can read that settlement agreement here.
Did BAT, RAI's 42% Shareholder, Owe A Fiduciary Duty To RAI's Minority Shareholders?
The issue before Judge Gale was whether BAT, which held only 42% of RAI's shares and was therefore not a majority shareholder of RAI's stock, owed any fiduciary duty at all to Corwin and the class of minority shareholders which he was seeking to represent.
North Carolina Law
If you are thinking that in North Carolina only majority shareholders owe a fiduciary duty to minority shareholders, and are skilled enough at math to know that 42% is not a majority, then you are dead on target. Judge Gale wrote that "North Carolina courts have never squarely addressed whether a minority shareholder can exercise control adequate to impose such a fiduciary duty." Op. ¶46.
Corwin argued that a fiduciary duty should be imposed because North Carolina precedent turned on whether the shareholder exercised "dominance and control, which can exist without majority ownership or voting control." Op. ¶46.
To be fair to Mr. Corwin, loose language (you might say dicta) in North Carolina appellate decisions can be read to support the position that a minority shareholder's control (absent majority ownership) of a corporation can result in that shareholder owing a fiduciary duty to it fellow shareholders. judge Gale cited the following cases for that proposition:
See, e.g., Hill v. Erwin Mills, 239 N.C. 437, 444, 80 S.E.2d at 358, 363 (1954)("It is the general rule that when the fairness of transactions between a corporation and one dominating its policies is challenged, the burden is upon those who would maintain such transactions to show their inherent fairness to all parties concerned."); T-WOL Acquisition Co. v. ECDG S, LLC, 220 N.C. App. 189, 208 n.8, 725 S.E.2d 607, 617 (2012) ("[C]ontrolling or majority shareholders owe a fiduciary duty to minority shareholders in a closely held corporation." (emphasis added)); Freese v. Smith, 110 N.C. App. 28, 37, 428 S.E.2d 841, 847 (1993) ("In North Carolina, it is well established that a controlling shareholder owes a fiduciary duty to minority shareholders."); . . . . Fulton v. Talbert, 255 N.C. 183, 185, 120 S.E.2d 410, 412 (1961) ("[W]here the corporation is so dominated and controlled by a wrongdoer as to be powerless to act, minority stockholders may bring the action, making the corporation a party.").
Op. ¶53.Judge Gale, upon reviewing those cases, concluded that none of these North Carolina cases held that a "controlling shareholder must be a majority owner" but that in each case imposing a fiduciary duty, "the shareholder subject to that duty either owned or had control over a majority interest." Op. ¶51. He said that North Carolina precedent:
leaves open the specific question of whether a minority shareholder can exercise the degree of control . . . adequate to impose a fiduciary duty on that shareholder.
Op. ¶53.
The argument that North Carolina would impose a fiduciary duty on a non-majority shareholder therefore failed, Judge Gale then turned to Plaintiff's argument that Delaware law placed a fiduciary duty on a "controlling" -- even if minority -- shareholder.
Delaware Law Says That A Minority Shareholder Can Owe A Fiduciary Duty Under Certain Circumstances
The Delaware cases on which Corwin relied in support of his fiduciary duty argument were distinguished by Judge Gale as requiring "actual, rather than theoretical control" before imposing that duty. Op. ¶56.
There is a presumption in Delaware "that a shareholder who owns less than fifty percent of the outstanding stock of a corporation is not a controlling shareholder. Op. ¶56.
Getting past that presumption requires detailed allegations of actual control. Judge Gale said that:
Delaware courts impose a significant pleading burden to allow a fiduciary claim against a minority shareholder and will dismiss such a claim under Delaware's Rule 12(b)(6) in the absence of sufficient allegations.
Op. ¶56.
Corwin's Complaint contained "significant detail," (Op. ¶62), which Corwin said demonstrated BAT's control over RAI (summarized in ¶62 of the Opinion), including a "Governance Agreement," between RAI and BAT which gave BAT veto power over whether certain intellectual property of RAI could be sold to complete the deal and a variety of other factors.
Judge Gale said, after reviewing Corwin's argument, that BAT had influence over the transaction but that "[i]nfluence does not equate to control and the potential imposition of a fiduciary duty turns on evidence of actual control." Op. ¶63.
The conclusion of the Court was that even if North Carolina were to follow the Delaware standard, that the Complaint's allegations did not:
adequately allege that BAT's control over the Transaction was considerable enough to be the voting and managerial equivalent of a majority shareholder's control, or so potent that the independent Other Directors were unable to exercise their judgment freely with[out] fearing BAT's retribution.
Op. ¶65 (citation omitted).
The Court went on to dismiss fiduciary claims against the RAI directors. That dismissal involved a discussion of whether a shareholder has standing to bring a direct claim against a member of a board of directors. That sort of claim is generally brought on a derivative basis. Judge Gale sidestepped the standing issue, ruling that the attempted claim against the RAI directors failed on the merits..Op. ¶74..
What's Next
Given Corwin's marked lack of success on his claims regarding the RAI Transaction, I'm wondering how much Corwin's counsel will dare to ask for in fees for getting the "disclosure only" settlement which they obtained in January of this year. My views on the value of such settlements are that they often bring little value to the members of the shareholder class obtaining them and that the fees awarded should take that into account.
Judge Gale directed Corwin's counsel to file a motion for approval of their settlement before the end of August. We will soon see if this settlement will spin off a sizeable fee.
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