Pace of Play Isn’t Going Away (via Baseball Prospectus)

[I]n other sports, the fans have compromised perfection for the sake of pace, abandoned the same idealized sport that Dryden laments. Instead, the virtue is not in perfection but in performance under duress. As games have sped up, decision-making time decreases, mistakes get made. On an episode of Effectively Wild a while back, Russell A. Carleton came to the same conclusion: that the pressures of a pitch clock could result in less prepared pitching. This in itself isn’t a problem; pitching under pressure, managing one’s mental energies toward the next pitch, would just become another trait, another way that some pitchers would excel. But the actual, visible product would be diminished, no longer an ideal.

These compromises get made all the time. Playoff structure is a good example: leagues have generally expanded playoff spots to increase drama, at the cost of victory being less representative of overall dominance. Player safety often requires some level of restriction over play. The cynicist can predict these conflicts by the resulting effect on league income, in the present or future tense; the cynicist would often be correct.

But when it comes to pace there’s something deeper at play than just speeding up a game (and why reducing ad times, beyond the obvious reason, was never on the table[).] It’s not so much that baseball is slowing down than that we are all speeding up. There are those who enjoy baseball for this very anachronistic feeling—I am among them—but we as a demographic are getting older.

Manfred’s task will not be changing baseball’s pace, which he could do with the click of a gold-plated pen. It will be to manage it, to foresee the unforeseeable consequences that accompany every rule change and evolution in sport. … Read More

(via Baseball Prospectus)

Sports Law Roundup – 12/16/2016

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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:

  • NBA CBA: Like baseball, the NBA has a new collective-bargaining agreement. Full details are not yet public, but it appears there will be salary cap and luxury tax changes, as well as an increase– from thirteen to fourteen– in the number of guaranteed roster spots for each team. The league also has agreed to shorten the preseason and expand the calendar length of the regular season without increasing the number of regular season games. One aspect that will not change is the manner in which the players and owners divide basketball-related income. The players conceded roughly seven percent (approximately from 57% to 50%) during the last lockout in 2011.
  • NFL concussion settlement: Earlier this year, the NFL settled a class-action lawsuit brought by former players seeking compensation for ongoing problems related to head injuries suffered during their professional football careers by agreeing to provide a fund to compensate former players for the next sixty-five years. The U.S. Court of Appeals for the Third Circuit affirmed the settlement, but a small subset of the class members– approximately thirty of 22,000– were dissatisfied with the settlement, believing it was underinclusive because it did not provide relief for former players who develop CTE, the disease found in people who suffer from repeated brain trauma that, at this time, is not detectable while the player is alive. Seeking further review of the settlement, these plaintiffs petitioned the Supreme Court. On Monday, the Court declined to grant their petition, leaving in place the Third Circuit’s ruling. It is unclear whether these objecting plaintiffs have any further recourse, though they likely are watching the new lawsuit highlighted in this space last month that specifically addresses CTE.
  • Student-athlete classification: As discussed here last week, the United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. Now, those students plan to request en banc review, meaning that they will ask the full panel of Seventh Circuit judges to reconsider the decision. (Federal circuit courts typically hear cases in three-judge panels, even though more than three judges make up each of the federal circuit courts. Aside from an appeal to the Supreme Court, which may not even be accepted, the only way to reverse a circuit court ruling is to ask the full court to do so.) The plaintiffs contend that the amateur aspect of collegiate athletics the ruling noted is not pertinent to an FLSA analysis, and that the Seventh Circuit’s decision “conflicts with decisions in this and other circuits on employee status.”
  • Raiders stadium: In an apparent attempt to keep the Raiders from moving to Los Angeles or Las Vegas, the Alameda County Board of Supervisors voted to support the building of a new football stadium in Oakland that– unlike the new basketball arena being built for the NBA’s Warriors that will relocate them from Oakland to San Francisco–  would be funded, in significant part, with public money. The Board’s vote does not guarantee that the Raiders will stay in Oakland.
  • Rams fans: St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles now have requested class-action status. The plaintiffs are seeking a variety of forms of relief, including reimbursement for tickets and concessions. A judge already has ruled that some of the plaintiffs who want the team to continue to honor the licenses by allowing the St. Louis fans to purchase season tickets at the team’s new home in L.A. are entitled to do so.
  • NFL broadcasting: The plaintiffs in an antitrust lawsuit targeting NFL Sunday Ticket, the product of the exclusive agreement between the NFL and DirecTV for the television broadcasting of out-of-market NFL games, won an apparently significant victory when Fox and CBS agreed to produce documents evidencing their own Sunday-Ticket-related agreements with the league and DirecTV in connection with a judge’s discovery order. The NFL contends that the plaintiffs have failed to allege an antitrust violation because the NFL can decide how to broadcast its games, and the Sunday Ticket package represents an addition to viewers’ existing options (i.e., the one or two games available each Sunday afternoon on Fox and CBS, plus the national Thursday/Sunday night/Monday night broadcasts) rather than a restriction.
  • Secondary ticket market: The President has signed the BOTS Act, a bill that expands the authority of the Federal Trade Commission to regulate the online secondary market for event tickets. The new law seeks to prohibit “ticket bots and other online tools that deliberately circumvent security protocols limiting or restricting online ticket purchases.” Here’s hoping this law will provide a more meaningful benefit to sports fans than the NFL’s practically meaningless agreement to end its league-wide imposition of a price floor on game tickets sold on the secondary market.
  • Formula One acquisition: Liberty Media, the company that owns the Atlanta Braves, will acquire auto-racing series Formula One for $4.4 billion. According to a reputable source, F1 cars are the fastest in the world among road-course racing cars.
  • MLB CBA: I wrote about the new CBA in this space after the league and players union reached their agreement on November 30. Now we have more information about the particularities of the agreement, and this analysis provides a helpful overview. We also learned that the Tampa Bay Rays were the only team to vote against approving the agreement. In a public statement, the Rays’ general managing partner made reference to an “opportunity [that] was missed” to “address the extraordinary and widening competitive gap that exists on-field between higher and lower revenue clubs.”

Sports court is in recess.

Sports Law Roundup – 12/9/2016

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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:

  • College football defamation: On Thursday, former Baylor head football coach Art Briles sued three Baylor regents and the university’s senior vice president and CEO claiming that they defamed him by stating that he had knowledge of sex crimes reportedly committed by his players and failed to provide that information to proper authorities. In addition, Briles alleges that the officials sought to prevent him from securing another coaching position elsewhere. He also included a claim for intentional infliction of emotional distress, and, in total, seeks unspecified damages in excess of $1,000,000. Here is a picture of Briles’ longtime attorney, Ernest H. Cannon, riding a horse at a rodeo.
  • Football player suspension challenges: In related stories covered in this space last week, two NFL players represented by the same Ohio law firm launched collateral attacks on the NFL/NFLPA collective bargaining agreement targeting alleged procedural deficiencies in the suspension-appeal process after both were suspended for drug violations. The NFL and NFLPA now have taken action in one of those cases by appointing a third arbitrator to hear a rescheduled appeal by Green Bay Packer Mike Pennel. The absence of a third arbitrator is central to the claims Pennel raised in the lawsuit he filed in Ohio federal court. In connection with that suit, Pennel also sought a temporary restraining order, which the responsive actions by the league and union were designed to moot. On Tuesday, Pennel agreed to drop his lawsuit in exchange for a reduction– from ten games to four– in his suspension, which will allow him to play in the postseason should his Packers secure a playoff berth. (Pennel’s attorneys also represent Philadelphia Eagle Lane Johnson, who filed similar complaints with the National Labor Relations Board and U.S. Department of Labor around the same time Pennel filed his lawsuit.)
  • Student-athlete classification: The United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The trial court granted a motion to dismiss the defendants– the NCAA, Penn, and more than 120 other NCAA member schools– filed, and the appellate court affirmed. The court agreed that dismissal as to the non-Penn defendants was appropriate because of a lack of standing; the plaintiffs had attended only Penn and had no basis to recover wages from any school they didn’t attend. The court also agreed that dismissal was appropriate as to Penn, because the plaintiffs had failed to state a claim for relief from Penn. Noting the “revered tradition of amateurism in college sports” and the weight of judicial and regulatory precedent holding that student-athletes are not employees, the court concluded that the FLSA does not apply to student-athletes. While many disagree with this outcome, it is consistent with the original meaning and purpose behind the “student-athlete” designation. (In a concurring opinion, Judge Hamilton cautioned against broad application of the court’s decision, noting that the plaintiffs participated in a non-revenue sport– track and field– for a school that does not offer athletic scholarships, and suggested that he might have voted differently had the plaintiffs been student-athletes on athletic scholarship in a revenue sport.)
  • Hockey head injuries: A group of former NHL players suing the league for its alleged failure to warn them of known risks of head trauma now have requested class certification in that case for two classes of former players based on the different measures of relief sought: damages for those already diagnosed with neurological injuries and medical monitoring for others. Attorneys from a number of large law firms, including Skadden Arps Slate Meagher & Flom, are representing the NHL in this case. Skadden is the anchor tenant in a new commercial real estate development in Manhattan that also will be home to the NHL’s offices when it opens in 2019.
  • Minor League Baseball lobbying: MiLB has created a political action committee in order to boost lobbying efforts. The impetus for this move likely is the class-action lawsuit minor-league players filed alleging that their compensation violates federal wage and hour laws and the leagues’ attempt to snuff out that suit by way of congressional action. The proposed Save America’s Pastime Act would create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections. There has been essentially no action on the bill since Rep. Brett Guthrie of Kentucky introduced it in June, leaving plenty of time for MLB to say dumb things about it.
  • Soccer ban: The Court of Arbitration for Sport denied former FIFA president Sepp Blatter’s request to overturn his six-year ban from all national and international soccer-related activity and fine of 50,000 Swiss francs for his involvement with bribes and kickbacks during his leadership of FIFA.
  • Canadian Super Bowl commercials: There is a thing in Congress called the House Northern Border Caucus, and four of its members, representing districts in North Dakota, New York, and Washington, sent a letter asking the Canadian government to reverse its decision to block Canadian advertisers from running commercials on the Canadian broadcast of the Super Bowl. Canadian broadcasters used to have an agreement with the NFL that allowed Canadian commercials on the Canadian broadcast of the game, but, in 2015, Canadian regulators changed course in response to viewer demands to see the popular American commercials that run during the game. Canadian broadcasters and advertisers and the NFL, which is losing out on Canadian advertising revenue as a result, all oppose that change. The company that holds the Canadian broadcast rights to the Super Bowl, Bell Media, also has sued the regulatory body in an attempt to reverse the policy.
  • Hockey logo: Things are off to a rough start for Las Vegas’ first major professional sports team after the U.S. Patent and Trademark Office denied the Golden Knights’ registration application, citing a “confusing[] similar[ity]” to a mark registered by the College of Saint Rose. Arguable visual similarities aside, I didn’t even know there was a Saint Rose, much less a College of Saint Rose, and I certainly didn’t know the school’s mascot is the Golden Knights, and neither did you, which means that, however similar these marks might be, the likelihood of confusion here is very low. This likely is little more than another instance of the USPTO seeking a moment in the sports sun.
  • Gambling: The nation of Antigua and Barbuda has issued a threat to the United States if the U.S. does not meet a year-end deadline to comply with a 2003 World Trade Organization order ruling that American online sports betting and gambling laws violate international law. If the U.S. does not comply with the WTO order, which also carries an annual noncompliance penalty of $21 million and has accrued to over $250 million, Antigua and Barbuda intends to suspend intellectual property protections for Americans, effectively permitting Antiguans to establish websites hosting royalty-free downloads of American IP (e.g., books, music, movies, television programming, etc.).
  • Baseball ambassador: Bobby Valentine, former MLB player and manager of the Mets and Red Sox, reportedly is under consideration by president-elect Donald Trump for the position of ambassador to Japan. Valentine, who currently serves as athletic director at Sacred Heart University, is popular among Japanese baseball fans thanks to two successful stints as manager of a professional baseball team there.

Sports court is in recess.

Baseball Notes: The WAR on Robbie Ray

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There are a few things we know with reasonable certainty about Robbie Ray. He was born on October 1, 1991 just south of Nashville in Brentwood, Tennessee. In 2010, the Washington Nationals drafted him in the twelfth round of the amateur draft. The Nationals traded him, along with two other players, to the Detroit Tigers in 2013 in exchange for Doug Fister. A year later, the Tigers traded him to the Arizona Diamondbacks as part of a three-team trade that netted the Tigers Shane Green and the New York Yankees Didi Gregorius. So far, Ray has seen major-league action as a starting pitcher with the Tigers and Diamondbacks. He showed promise in his first three appearances (two starts and an inning of relief), for Detroit. He showed less promise in his remaining six appearances– four starts and two relief innings– for that team. Things have ticked back up for Ray since his arrival in the desert, however.

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Most baseball fans likely have some familiarity with the player-valuation concept of wins above replacement player, usually labeled WAR. What many fans may not realize, however, is that there actually are three different versions of the WAR statistic. The goal of each version is the same: to determine a comprehensive valuation of an individual baseball player. Each takes slightly different paths to reach that comprehensive valuation, but they typically reach similar conclusions about a given player, such that it’s common to see or hear a player’s WAR cited without specific reference to the particular version utilized.

For example, the three versions– Baseball-Reference’s WAR (“rWAR”), FanGraphs’ WAR (“fWAR”), and Baseball Prospectus’ WARP (“WARP”)– all agree that Mike Trout had a great 2016. He finished the season with 10.6 rWAR, 9.4 fWAR, and 8.7 WARP, good for first, first, and second by each metric, respectively. For another example, they also agree about Trout’s former MVP nemesis, Miguel Cabrera: 4.9 rWAR, 4.9 fWAR, 3.9 WARP. (In my anecdotal experience, WARP tends to run a little lower than rWAR and fWAR for all players.)

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While the WAR varietals typically and generally concur, that isn’t always the case. Pitchers can be particularly susceptible to this variance, because the measurement of pitching performance is one of the areas in which the three metrics are most different. Continue reading

2016 MLB end-of-season prediction report

Unfortunately, the 2016 MLB regular season ended yesterday, making today as good a day as any to evaluate the preseason predictions I made.

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When I checked in on these at the halfway mark of the season, they were looking ok enough for me to rationalize all of them. Now, though, we have nothing more than cold, hard reality against which to measure these guesses. The results (excluding predicted individual award winners, whom have yet to be named):   Continue reading

The arc of the ALDLAND universe is long, but it bends toward this weekend

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If there are two things I’ve written about with consistency at this weblog they are 1) the Detroit Tigers and 2) the Atlanta Braves’ foolhardy abandonment of their downtown home at Turner Field. Beginning tonight, and for the next two days thereafter, these two ALDLANDic worlds will collide when the Tigers face the Braves in the final three games ever to be played at the aforementioned Turner Field. More than anything, I am grateful that we will be able to attend each of these games, live and in person. These are critical games for the 2016 Tigers, teetering as they are on the edge of postseason qualification, and they are historic games for the City of Atlanta. I have little more to add at this juncture other than that I am very excited.   Continue reading

Catching Fire: Cabrera leads by example

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In an odd way, it’s tough to find an excuse to write about Miguel Cabrera in a season series like this one, because he’s so consistently good that, within his own context, his day-to-day achievements don’t stand out. If, from a coverage perspective, the greats miss out on talent-correlated attention during the season, though, they tend to make up for it during the big moments, like playoff races and the postseason.

The Detroit Tigers are in the final countdown for the 2016 season. Monday was their last off-day until the season ends on October 2. Their playoff odds have tumbled, but they’ve managed to keep pace at about two games back of the second AL wild card spot, meaning that their postseason hopes remain very much alive. The reason those playoff odds are low, though, is because they’re running out of time. Every remaining game is of critical importance, and while the Tigers really need to win each of these games (or, at least, a vast majority of them), even doing that won’t guarantee a playoff berth unless the teams ahead of them falter.

Cabrera knew the stakes last night, during the team’s first game of this crucial final stretch. Detroit already was missing two of its biggest bats– Cabrera’s Venezuelan countryman Victor Martinez and Ian Kinsler, also an important vocal leader– due to a brutal triple HBP run by Cleveland’s Trevor Bauer (Cabrera also was a victim) in a costly win on Sunday, which meant Cabrera would need to shoulder even more of the offensive load than usual.

In the fourth inning, leading by a slim 1-0 margin, Cabrera decided to manufacture a run essentially all by himself, and not by way of a snappy home run blast. First, he stretched his single into a double; then advanced to third on a dangerously shallow fly-out; and, finally and amazingly, scored from there on an infield hit to the third baseman. Cabrera’s Billy Hamilton impression is one of the most impressive baseball moments I’ve seen this year (here’s the video), and he delivered it for the benefit of his teammates at the perfect moment. While it’s impossible to say whether the team’s subsequent offensive breakout– they ended up winning 8-1, with Cabrera also contributing a two-run homer– came as a result of this moment or the team simply (finally) catching up to bad Minnesota pitching, Cabrera’s baserunning in the fourth, which resulted in what ultimately proved to be the winning run, sent an unmistakable message to his teammates.   Continue reading

Baseball Notes: Current Issues Roundup

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Rather than my own attempt at fashioning a nugget of faux-wisdom, the purpose of this Baseball Notes post is to highlight a number of articles posted elsewhere addressing current issues in the sport.   Continue reading

[UPDATED] Catching Fire: Mike Drop

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UPDATE: Approximately seven minutes after we published this post, the Tigers took our advice and traded Aviles to the Atlanta Braves.

It’s reassuring to know that General Manager Al Avila has joined Brad Ausmus as an ALDLAND reader. If you would like to peer inside the mind of the Tigers GM, the original post remains below.

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The clock is ticking louder than ever on the Detroit Tigers’ 2016 season, and, just at the very moment the team needs to be putting its best foot forward in an effort to win crucial games that will determine whether they make the playoffs, they are running out some of the worst lineups they’ve used all season.

Injuries are largely to blame for this untimely suboptimal roster utilization, as Detroit currently is without Cameron Maybin, Nick Castellanos, Jordan Zimmermann, Jose Iglesias, Shane Greene, and (sigh) Mike Pelfrey. In addition, Miguel Cabrera left last night’s game with what appeared to be a left shoulder injury, and his status is uncertain. Manager Brad Ausmus, facing this many significant losses, obviously is handcuffed– he has little choice but to lean, undoubtedly more heavily than he would prefer, on his reserves, backups, and alternates.

Modern MLB roster construction, with its emphasis on relief-pitching specialization, leaves little room for backup position players. The Tigers, like most American League teams, essentially have three: a backup catcher, and two other “utility” fielders, who can play a variety of positions whenever a regular starter needs a break, or as a defensive replacement late in games.

For Detroit, those two guys are Andrew Romine and Mike Aviles, and they aren’t very good. Back in June, when Iglesias was struggling, I wondered whether Romine, who appeared to be a very solid stand-in at short when given the opportunity, should take over the job? Nope. Back in March, before the season even started, I was worried about the scouting report on Aviles, which was starkly negative:

Aviles is no longer useful in a baseball sense[, and] his inability to reach base (.279 OBP from 2013-15) makes him a complete zero on offense, while what’s left of his defensive and baserunning abilities have become liabilities.

Harsh and, so far, accurate. Unsurprisingly, when both Aviles and Romine are in the starting lineup, Detroit almost always loses.   Continue reading

Catching Fire: The Tigers are not Utilitarians

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In the late 1700s, Jeremy Bentham introduced the modern world to utilitarianism, a political theory organized around the “fundamental axiom” that “it is the greatest happiness of the greatest number that is the measure of right and wrong.” Bentham believed that happiness is quantifiable (unit of measurement: util) and argued that governments should legislate so as to create the greatest amount of happiness for the greatest number of people.

Utilitarianism has its blind spots and, at least at its Benthamite core, is subject to the conceptual critique that it prioritizes majority preferences over minority rights (a classic critical example here), as well as the practical one that utils aren’t as susceptible to arithmetic in the policy-making context as other measurements of value, like, say, dollars. One of Bentham’s students, John Stuart Mill, later updated and expanded utilitarianism in an attempt to address some of its critics, and although some of the theory’s broader ideas remain in the modern political milieu, utilitarian is viewed as a relatively primitive approach today.

Mike Aviles, Andrew Romine

The 2016 Detroit Tigers are, to some extent, a team out of time. They are neither aggressively modern (e.g., Tampa Bay) nor hopelessly mired in the past (e.g., Arizona). With the trade deadline rapidly approaching, they are neither obvious buyers (e.g., Toronto) nor obvious sellers (e.g., San Diego). Observers have been declaring for years that the team’s “window is closing,” while conceding that it still is open and may remain as such for another season (in which they will repeat their hand-wringing diagnosis all over again). Given their aging roster, though, time is something out of which this team may be running.

All of that leaves the Tigers with two utility players, arguably a practical necessity in an age of limited rosters and relief pitching specialization, Andrew Romine and Mike Aviles. Unlike Bentham’s utils, it is fairly easy– and easier than ever– to calculate how much these two utility men contribute to the team. Readers may recall Aviles’ preseason scouting report (sayeth BP: “Aviles is no longer useful in a baseball sense,” and “his inability to reach base . . . makes him a complete zero on offense, while what’s left of his defensive and baserunning abilities have become liabilities”) or this more recent peek at Romine’s poor offensive numbers. To keep this part of the offensive update simple, the palindromic Romine (73 wRC+) and Aviles (37 wRC+) have been decidedly below average and aggressively below average hitters, respectively, to this point. Aviles, who’s received twice as many plate appearances as Romine, has been worse than all but ten other batters in baseball (minimum 80 PA), and four of those ten no longer have major-league jobs.

Since spring training, manager Brad Ausmus has insisted that carrying two utility players is not redundant, but the question remains: do Aviles and Romine, together, provide utility to their team?

In one basic, immediate respect, the answer clearly is no. Continue reading