Sports Law Roundup – 2/3/2017

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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.

After a week off to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, 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. The plaintiff 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 claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: Three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.

Final 2016 MLB prediction report

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Now that the individual awards are out, we can put a wrap on my preseason MLB predictions. I’ve already recapped the team-standing predictions and results here, and what follows is a look at how well I predicted the individual player awards announced this week:

American League

MVP: Mike Trout

Correct. Trout’s win was not the result of a unanimous vote, but it was a clear win. He was the favorite for the award at the beginning of the season, and, despite playing on a bad team (a factor that seems to matter to some), Trout is a generational player, and maybe more, who a not-small group of people believe should have won this award every year of his career. By the leading WAR metrics, this wasn’t even Trout’s best season (although it’s a close call by rWAR), but he was better than everybody else. Good call, BBWAA.

Cy Young: Chris Sale

Incorrect. Sale finished fourth, and Rick Porcello won the award. Let’s not talk any more about this one.

Rookie of the Year: A.J. Reed

Incorrect. This one was my biggest gamble of the entire predicting process. While the NL ROY choice was obvious even before the season started, the AL seemed to me to be wide open, so I chose a little-discussed player who seemed to be in a position to make a big impact for a good team that seemed ready to explode. Even last year, the Astros had a lineup stocked with young talent, and it appeared that they might be a bit ahead of schedule on their massive rebuilding plan. Preseason, their only real gap in the lineup looked like it was at first base, and Reed was a power-hitting first baseman waiting in the wings. Unfortunately for my prediction, which obviously is what matters most here, the Astros weren’t ahead of schedule, and Reed did not propel them to the postseason in a blaze of hitting glory. Instead, Houston’s pitching regressed, and Reed played just forty-five games of sub-replacement-level baseball. Next year could be a very different story, though, as Houston– which added Brian McCann and Josh Reddick yesterday– looks to be making a very strong push for 2017. Right on schedule.

The actual winner, Michael Fulmer, was a great choice. I wrote more about his win here.

National League

MVP: Paul Goldschmidt   Continue reading

Yes, the Cardinals hack was a federal crime (via The Volokh Conspiracy)

According to press reports, front-office personnel of the St. Louis Cardinals used a guessed password to gain access to a private database of player information held by the Houston Astros. Over at ESPN, legal analyst Lester Munson makes the startling claim that this may not be a crime . . . . This is just wrong. … Read More

(via The Volokh Conspiracy)

When do baseball teams score runs?

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One of the marks of a smart baseball writer is the ability to sense a trend, research its existence and nature, place her findings in context, and present her conclusions in a way that meaningfully educates readers. Inherent in this ability is the wherewithal to know when to stop researching a trend or pressing on a concept, realizing that the fruits of the work have been or soon will be exhausted. Sometimes a person who is not a “smart baseball writer” by the foregoing definition will noodle about on an idea for so long, he’ll end up with a small pile of research that no longer has any bearing on any meaningful conclusions.

Two years ago, I decided to investigate a hunch that the Detroit Tigers were having trouble scoring runs late in games. My initial research mostly seemed to support my hypothesis, and a follow-up look appeared to confirm it more strongly. More than merely interesting (and fleetingly self-satisfying), it also was informatively concerning, because it placed the team’s well-known bullpen problems in a more nuanced light: relief-pitching woes alone weren’t the problem, because the lack of late-game scoring was compounding the problem of surrendering leads during the final frames. As strange as it seemed, the Tigers had interrelated shortcomings on both sides of the plate.

One comment I received in the course of sharing those findings stuck with me: I needed to place this information in context. After all, there are plausible reasons to believe that all teams might, perhaps to varying extents, experience decreased run production in the late innings.

And so it was that, two years later, I finally discovered Retrosheet, a site that compiles inning-by-inning scoring data to a more useful degree than the resources I’d utilized back in 2013. What follows are two graphs of the inning-by-inning scoring of sixteen teams for the 2014 season. Continue reading

Kershaw in Context

ESPN Los Angeles:

The Los Angeles Dodgers and Clayton Kershaw have agreed on a seven-year, $215 million deal, sources with knowledge of the situation said.

Kershaw has an out clause after five years.

It is the richest deal for a pitcher in Major League Baseball history, eclipsing the seven-year, $180 million contract Detroit gave Justin Verlander last winter, and his average annual salary of $30.7 million is the highest ever for any baseball player.

The 25-year-old Kershaw has won two of the last three National League Cy Young Awards, as well as a Roberto Clemente award for his charitable work.

One of the things I’ve noticed is most eye-opening to casual sports fans is the size of athletes’ contracts, especially when presented in a more understandable context than “$D over Y years.” In continuing service to this site’s prime audience, the casual sports fan, here are two graphics that place Kershaw’s record-setting contract in context:

Now imagine being the person writing the checks for Kershaw and his teammates.

ALDLAND Podcast

The MLB had a fairly inactive trade deadline today, but luckily ALDLAND had a very active podcasting session to make up for it. Marcus and I share our semi-informed opinions on a variety of trades that were and were not made, as well as discuss the date of the MLB trade deadline and whether it should be moved. Bonus discussion of music related things. Will this podcast be the first ALDLAND podcast to be on iTunes? Who can say?

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

Bay of Cigs: Trader Jose(s)

With the non-waiver trade deadline set for 4:00 pm today, the Tigers got in on the action earlier this week by adding two major-league-ready players who should address the team’s short-term needs as they prepare for a postseason run.

On Monday, Detroit acquired bullpen help in the form of Houston closer Jose Veras. Continue reading