Jean Segura, disciplined aggressor

The Tigers outscored the Mariners 20-19 this week but lost two of three, and all you get is this crummy article on Seattle’s new shortstop. My latest post at Banished to the Pen takes a quick look at the ways in which Jean Segura is building on his 2016 breakout.

The full post is available here.

ALDLAND Archives: Is the Worldwide Leader not long for this world? Imagining the end of ESPN

ESPN is in the midst of a significant layoff of on-air talent this week, and most of the casualties’ names are coming to light today. The cuts are leading many to ask some fundamental questions about the network’s future. Below, from the past, a potential answer to one such question.

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Is the Worldwide Leader not long for this world? Imagining the end of ESPN

December 7, 2015

My latest post at TechGraphs asks a simple question: why does ESPN still exist?

The full post is available here.

MLB in retrograde

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I’m not always the quickest to notice changes in my surrounding environment, including the baseball component thereof, and I’ve had a lot (of really good things) going on that have necessarily kept me from fully jumping into the still-young MLB season thus far. Last night, I had a little window, though, so I dialed up the Tigers and Rays on MLB.tv, only to be met with a video-streaming brick wall. After a couple hours with tech support, I discovered that MLB Advanced Media (“MLBAM,” which produces MLB.tv) had discontinued service to the device model– a Lenovo tablet running Android– I’d purchased last year for the sole purpose of running MLB.tv. I have cancelled my subscription and demanded a refund.   Continue reading

Sports Law Roundup – 4/14/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Aaron Hernandez: This afternoon, a jury acquitted Aaron Hernandez, who played tight end for the New England Patriots and Florida Gators, of charges that he murdered two people in Boston in 2012. Hernandez already is serving a life term without parole for a 2013 murder. Despite the acquittal on the murder charges, the jury did convict Hernandez on a firearm charge.
  • St. Louis Rams: The City of St. Louis has sued the NFL and all thirty-two of its teams for losses related to the Rams’ departure to Los Angeles in 2016. The suit alleges that the team failed to make a good-faith effort to stay in St. Louis before leaving in violation of league rules. According to a public statement by the city’s mayor, the city spent a substantial amount of public money in the hopes of keeping the team, and it did so in reliance on the expectation that the team would comply with NFL team-relocation rules.
  • Baylor sexual assault: Earlier this year, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. She also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claimed that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. Now, the judge overseeing the case has largely denied the defendants’ motion to dismiss, narrowing the plaintiff’s emotional distress claim but otherwise allowing her case to proceed, calling the allegations “disturbing.”
  • Volleyball sponsorship: Kerri Walsh Jennings, who won three Olympic gold medals for the United States beach volleyball team, is suing the Association of Volleyball Professionals for breach of a sponsorship contract. Walsh Jennings alleges that AVP still owes her $150,000 on a $450,000 agreement despite her compliance with all of the contract’s terms. Part of the backdrop of this dispute may be another dispute between Walsh Jennings and AVP over whether she will play in AVP’s 2017 professional tournament.
  • NFL memorabilia: What purports to be new evidence in two 2014 lawsuits against Eli Manning, Steiner Sports (a memorabilia company with which Manning has a formal relationship), the Giants, and a team equipment manager alleging that the defendants worked together to sell collectors “game-worn” items that were not, in fact, game-worn emerged this week in the form of an email exchange between Manning and the equipment manager. In it, Manning requests “2 helmets that can pass as game used,” and the manager responded that he “should be able to get them for tomorrow.” The collectors who filed the lawsuits contend that this exchange proves that Manning knowingly provided Steiner with “fraudulent” items to sell to fans. The team now says the email exchange was taken out of context, and that its release now constitutes an attempt to defame Manning.

Sports court is in recess.

Babe Ruth, Atlanta, and the Longest Home Run Ever Hit

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The Atlanta Braves debut at their new home, SunTrust Park, tomorrow night. Today, my latest article for The Hardball Times is a look back at baseball in Atlanta in 1928, when there was a ballpark out front of what’s now Ponce City Market, and Babe Ruth hit the longest home run ever.

The full article is available here.

Staffords of the future

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Detroit Lions quarterback Matthew Stafford and his wife Kelly recently became parents of twin girls, an event that presents an opportunity to consider an interesting question, or, at least, a very typical question made interesting by attendant circumstances. When an athlete has a child, many assume– for plenty of good reasons– that the child will follow in his or her parent’s athletic footsteps. That speculation is all the more present when both parents are athletes, of course, as anyone who remembers the Steffi Graf-Andre Agassi wedding (or the Curry family) can attest.

Stafford’s sport, football, has begun a fall from grace in the public eye, and, we’re told, youth football will dry up as parents decline to permit their children to participate in a sport that now almost seems designed to induce lasting brain trauma.

On the other hand, there has been a push for increased inclusiveness in sports, from openly gay or transgender athletes to women pushing their way into male-dominated leagues. Little League World Series star Mo’ne Davis sparked a new drama series on network television, and eloquent and mortally conscious baseball observer Sam Miller wrote after the Chicago Cubs’ curse-breaking World Series win that the chance to see a female player in the major leagues was the only likely historical baseball event worth living for.

These two arguably diverging trends return us to the subject of the Stafford twins and the speculative question at the heart of this post: Is it more likely that one or both of the Stafford girls grows up to play football, or that football essentially doesn’t exist by the time they grow up?

Sports Law Roundup – 4/7/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

    • MLB defamation: A judge will allow a defamation lawsuit brought by Washington Nationals first baseman Ryan Zimmerman and former Philadelphia Phillies designated hitter Ryan Howard against Al Jazeera and two of its employees to proceed. The Ryans’ case relates to a documentary that aired on the television network in 2015 that included claims that they were among a group of players who purchased performance-enhancing drugs from an anti-aging clinic. In partially denying the defendants’ motion to dismiss the case, the judge explained that the argument that Al Jazeera and its employees simply were reporting the statement of an employee at the clinic “is unpersuasive, because a reasonable viewer could certainly have understood the documentary as a whole to be an endorsement of Sly’s claims.” The ruling was not a total victory for Howard and Zimmerman, however, as the judge did dismiss claims related to a related news article about the documentary, as well as all claims against one of the Al Jazeera employees, an undercover investigator. Since the airing of the documentary, the clinic employee has recanted his statements.
    • Athlete financial adviser: A former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. He could spend as many as twenty years in prison and owe a fine of as much as $250,000, plus restitution to Duncan. Duncan filed a separate civil lawsuit against the advisor, which was stayed pending the resolution of the criminal action.
    • NFL streaming: The NFL and Amazon have reached a one-year agreement, reportedly valued at $50 million, that grants Amazon the exclusive streaming rights for ten of the NFL’s Thursday night games in 2017. Last year, the NFL partnered with Twitter on a streaming deal for the Thursday games reportedly worth $10 million.
    • NFL fax machine: A court has preliminarily approved a settlement in a case involving a claim that the Tampa Bay Buccaneers violated federal law by faxing unsolicited advertisements for game tickets to local businesses in 2009 and 2010. Final settlement payout numbers are not yet available, but, in the meantime, we can ask: did the faxes work?
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Sports court is in recess.

Sports Law Roundup – 3/31/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Penn State child abuse: The criminal trial of former Penn State University President Graham Spanier, who was charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program, concluded with a jury verdict convicting Spanier of a single misdemeanor count of child endangerment. The jury, which deliberated for two days, declined to convict on the conspiracy charge. Spanier’s attorney immediately indicated an intent to appeal the verdict. Albert Lord, a PSU trustee, responded to the news of Spanier’s conviction by writing that he is “running out of sympathy” for Sandusky’s “so-called” victims.
  • Baseball fan injuries: The Cleveland Indians prevailed in a lawsuit filed by a fan struck in the face by a foul ball. The Ohio court adhered to the “Baseball Rule,” which holds that people who choose to attend baseball games assume the risk that they will be struck by flying bats and balls and therefore cannot sue teams when they are injured in such an incident. The plaintiff argued that his case presented distinguishing factual circumstances: he alleged that stadium ushers ordered him to leave his seat during play in the bottom of the ninth inning in advance of a fireworks show, such that his back was to the field when the batter hit the ball that eventually hit him in the face when he turned back to look at the field. Conflicting evidence on the timing and nature of the ushers’ instructions seems to have damaged the fan’s case, however.
  • Hockey labor agreement: The U.S. women’s national hockey team and governing body USA Hockey agreed to a confidential four-year labor deal centering around player compensation and support programming. The agreement negates the need for a planned player boycott of the International Ice Hockey Federation World Championship, which begins today. A predominantly female team of attorneys from Ballard Spahr represented the players on a pro bono basis. In disappointing related news coming just one day after the new agreement, however, the University of North Dakota announced that it is cancelling its women’s hockey program, which has been an important feeder to the national team.
  • Hockey head injuries: Pretrial disputes over document discovery continue in the head-injury lawsuit between the NHL and a group of former players. Previously, those disputes focused on research documents from Boston University’s CTE Center. Now, however, the court has dealt a victory to the players by publicly releasing certain internal NHL communications and other documents. An early review of the now-public documents already has revealed one seemingly damning email from a team doctor lamenting “situational ethics” in the context of concussion management: “We all sit around and talk and talk about concussion management. Then it’s the playoffs, someone suffers an obvious loss of consciousness and is back playing in less than 48 hours. . . . We must be [the player’s] advocate regardless of what the coach or general manager thinks.” Another email, from NHL Commissioner Gary Bettman, expressed disappointment with a former referee’s public criticism of the league’s hard-hit discipline policy, writing, upon being informed that the former official still was receiving severance pay from the NHL, writing that “maybe he should understand it’s not nice to bite the hand that feeds you. Please have someone check to see if there are any grounds to withhold. Don’t want to hurt him – maybe just get his attention.” Other communications evidence what appears to be the NHL’s willful refusal to acknowledge or examine the issue of concussions in sports.
  • Baseball DUI: Earlier this month, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms. Initially, observers believed Kang would be able to return to the United States to rejoin his team for the 2017 season. He has missed all of spring training, however, and it appears he is having difficulty securing a visa to reenter the U.S., placing his season with the Pirates in jeopardy for the moment.
  • Student athletes: A federal judge has rejected a proposed class-action lawsuit filed by two former University of North Carolina student athletes against the school, which alleged that UNC pushed them into a “shadow curriculum” of “bogus courses,” which led to “a systemic failure to properly educate college athletes,” because, the judge explained, the court did not have jurisdiction over the case. In general, there are two ways a plaintiff may invoke the jurisdiction of a federal court: 1) allege a claim raising a question of federal law or 2) sue a “diverse” party (i.e., a defendant who is a resident of a state other than the one in which the plaintiff resides) on claims for which at least $75,000 is at stake. Here, the plaintiffs’ claims raised state-law questions, so the first jurisdictional path was unavailable. As for the second, while the plaintiffs are not citizens of North Carolina, theoretically setting up a “diversity” situation with UNC, the judge determined that the university is a component of the North Carolina government and thus not a citizen of any state for purposes of the federal jurisdictional analysis. The judge dismissed the case without prejudice, meaning that the plaintiffs should be able to refile in state court, although it now appears they likely will face sovereign-immunity challenges should they proceed down that route.

Sports court is in recess.

Born To Be A VandyBoy (via Baseball America)

donnyCLARKSVILLE, Tenn.—Cars never drove down the street in front of Forney Abbott’s house.

Born in Houston and raised in 1940s Palestine (No, not the Middle East. Palestine, Texas. Pronounced PaleSTEEN), Abbott’s formative years came before cellphones and Xboxes and color TVs. He didn’t even have a diamond nearby to play on, no chalky foul lines or fertile grass, just the white lines and the hot, black asphalt of a mostly deserted street.

When he was 7, 8 years old, Abbott would take a baseball and march onto that street like he was Joe DiMaggio and it was Yankee Stadium. Instead of throwing from foul pole to foul pole, he’d go light pole to light pole, hurling the ball as far as he could over the power lines that stretched above his head and aiming for the pole 100 yards away.

He did this every day, until one day, a car did drive down the street in front of Forney Abbott’s house. And inside that car were two scouts for Major League Baseball teams, one for the Pirates and one for the Cardinals. Abbott, now 77, doesn’t remember their names—a few too many blows to the head in the boxing matches of his youth sapped him of those memories. But he remembers them stopping their car, on their way to some recruiting mission in nearby Houston or Tyler, and talking to this 7-, 8-year-old kid out on the street and watching him throw. That car would continue to stop, usually once every month or so, and the Pirates scout—who lived in a small town about 15 or 20 miles away—would give the young Abbott pointers. OK, here’s how to throw a baseball.

The scout kept coming by until Abbott was 11 years old. For that, he’s always been thankful. Still, as a teenager, playing for his high school team and summer league teams, Abbott would draw criticism for the way he threw. Other kids would always tell him he was throwing the wrong way. But he knew they were the ones who were wrong. He knew he threw hard. He didn’t have a radar gun to prove it, but he always felt as though God had granted him the ability to throw a baseball with velocity.

Abbott never had the chance to test his arm in the professional ranks. He joined the Army. Served in the Korean War. And when he returned, he moved to Clarksville, Tenn. He turned his attention to coaching kids, just like that Pirates scout once coached him. He felt, again, as though God had given him this gift for a reason. God wanted him to share it.

Over his adult life, Abbott has helped thousands of kids—and some of those kids’ kids. At any time, he could have several 11- or 12-year-olds out in his front yard—instead of in the street like he was—working on drills to strengthen their bodies, arms and minds.

There was one kid, among those thousands, who was different. One kid that no uppercut to the jaw could ever jostle free from his memory.

Abbott will never forget Donny Everett. … Read More

(via Baseball America)

Can predict baseball? Guesses for the 2017 MLB season

FanGraphs released its staff (extremely broadly defined, as you’ll realize very soon) predictions for the 2017 MLB season, to which I contributed, today. This includes aggregated predictions for each division and wild card position, as well as MVP, Cy Young, and ROY winners. In a decision not my own, the post also breaks out each individual’s predictions arranged alphabetically by first name, making my guesses dangerously easy to spot (though very slightly less dangerously easy to spot than last year).

If you want to see what the baseball future could but likely will not be, click here, and then come back here and add your own predictions in a comment below.