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.

Sports Law Roundup – 1/6/2017

aslr

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 first week of 2017:

  • Baseball stadium funding: The Arizona Diamondbacks, seeking the right to “explor[e] other stadium options,” have sued the Maricopa County Stadium District after the District refused to authorize funding for the $185 million needed for capital repairs and improvements to Chase Field, which opened in 1998, according to an assessment completed by the District.The team has expressed willingness to cover all of the District’s expenses, but the District apparently must give its permission to proceed and thus far has declined to do so.
  • Student-athlete classification: In a case we have been monitoring in this space (here and here), the U.S. Court of Appeals for the Seventh Circuit has denied the request of a group of former Penn student-athletes for full-court (en banc) review of that court’s earlier rejection of their claim that they were employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The denial of the request for further review leaves in place the court’s decision handed down last month. It is unclear whether the plaintiffs will request permission to appeal to the Supreme Court.
  • Daily Fantasy Sports: A DFS website argued that daily fantasy sports actually are illegal gambling in an attempt to avoid a $1.1 million lawsuit based on an advertising and sponsorship contract with the Minnesota Wild. I wrote more about this case here earlier this week. Meanwhile, a Maryland law authorizing the lawful, regulated conduct of DFS contests in that state, which is regarded as less restrictive than similar measures in other states, went into effect on Monday; a Florida legislator introduced a bill Wednesday that would declare DFS legal in that state; and FanDuel earned another win in a patent-infringement suit brought by two gambling technology companies in Nevada.
  • Preemptive free agency:  Nathaniel Grow has an interesting article on FanGraphs that illuminates a California employment law that could apply to allow even union employees like professional athletes to unilaterally opt out of long-term contracts after seven years of employment. This poses a potentially tantalizing, if legally unproven, opportunity for someone like Mike Trout, a generational talent not yet in his prime who likely could fetch an even more historically large contract were he to hit the open market now, at age twenty-five, rather than after the 2020 season, which is when his current contract ends.

Sports court is in recess.

Bouncing puck: Passing, not shooting, is the key to scoring on the ice and the hardcourt

At 37-8, the once-middling Atlanta Hawks have the second-best record in the NBA. If they beat Brooklyn tonight, they’ll match last season’s win total with more than two months to go in the regular season. Did anyone see this coming? Yes, last year’s Hawks snuck into the playoffs and nearly knocked off the top-seeded Indiana Pacers. And observers should have noted the significant number of games the Hawks’ top players missed due to injuries last season; a healthy team couldn’t help but be better. But this much better? The most important difference seems to be a new coach, former Greg Popovich understudy Mike Budenholzer, who knows how to utilize the players he has, and a group of players that is on board with and executing their brand of team-oriented basketball.

Indeed, as numerous writers have observed,* Atlanta is scoring more by passing more. They have the fourth-best field-goal percentage, and of those field goals they make, more than sixty percent of the two-pointers and nearly ninety-three percent of the threes are assisted. Both of those rates lead the NBA. Behind them: the equally high-flying Warriors, the only team with a better record (36-7).

The principle that passing, rather than isolation play, is the best way to generate good shooting in the NBA also seems to apply in the NHL, where new research indicates that teams generally score at a higher rate on assisted shots as compared to unassisted shots. When further breaking down the assisted shooting percentage into shots generated by one pass and shots generated by two passes, the difference between assisted and unassisted shooting percentage can be extreme. One example is the Florida Panthers, with an unassisted shooting percentage of about 5.5% and a two-pass assisted shooting percentage of nearly thirteen percent.

It probably shouldn’t be surprising that similar strategies would be similarly effective in generally similar sports (five active players per team engaged in free-flowing gameplay). With camera-driven player-tracking technology recently implemented in the NBA and on its way to the NHL, perhaps the rudimentary analogy set forth above can serve as a call for inter-sport collaboration between basketball and hockey analysts.

* Blogger code for, “I can’t find the article I previously read that made my precise point, so get ready for me to wave my hands over the raw data and hope you’ll buy the general premise.”

On the Road Again: A study of NHL rink variation

One of the important background dimensions to comparative baseball statistics is known as “park adjustments,” a set of corrective factors applied to account for the physical differences (e.g., outfield wall depth) between each park. Among American sports today, only Major League Baseball and NASCAR (and golf, I suppose) permit such structural variation between the competitive arenas themselves.

Professional hockey used to be in that group too. More than merely adjusting, adding, and subtracting lines on the ice to affect the flow of play, as the NHL continues to do (cf. the NBA three-point line), the rinks themselves used to be different sizes. League rules mandate a uniform rink size, but so-called “small rinks” persisted in the NHL as late as the 1980s and 1990s in Boston, Chicago, and Buffalo.

While hockey does not face the structural differences present in baseball, there still is a need to apply rink-by-rink statistical adjustments. That’s because the compiling of basic hockey statistics (e.g., shots, hits, turnovers) requires statisticians to make judgment calls to a more significant degree than in a discrete-event sport like baseball.

By way of limited background, the NHL collects basic gameplay statistics through a computer system known as the Real Time Scoring System (RTSS). A benefit of RTSS is that it aggregates and organizes data for analysis by teams, players, and fans. A vulnerability of RTSS is the subjectivity alluded to above that comes when human scorers track a fluid, dynamic sport like hockey.

While others have noted certain biases among the RTSS scorers at different rinks, a paper by Michael Schuckers and Brian Macdonald published earlier this month analyzes those discrepancies across a spread of core statistics and proposes a “Rink Effects” model that aims to do for subjective rink-to-rink differences in hockey scoring what park adjustments do for structural differences between baseball parks.    Continue reading

ALDLAND Podcast

Hello ALDLAND listeners, its the ALDLAND Podcast team, and we have quite the episode for you this week. Lip service is paid to the end of the Olympics and Canada is blamed for things that are assuredly their fault. If that’s not enough, your two favorite co-hosts get deep into discussing the NCAA tournament bubble.

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

College Football Fan Guide: Championship Week Edition

Last week was one of the best football weeks in recent memory, and although our Tuesday Afternoon Inside Linebacker weekly feature has fallen by the wayside due to worldly obligations, this week and the week ahead deserve note.

The Lions started things off on Thanksgiving with a wonderful win over Green Bay. It was Detroit’s first win on Turkey Day in nine years, and it was the first time Matt Stafford beat the Pack. The Lions also avenged the career game Matt Flynn had the only previous time he quarterbacked Green Bay against Detroit.

Brendan and I were in the Big House for Michigan’s surprise one-point loss to Ohio State, and I made it out of Ann Arbor in time to see Georgia come back to defeat Georgia Tech in overtime, note Vandy’s comeback win over Wake Forest, and watch maybe the greatest one second of college football in Auburn’s regulation toppling of Alabama in the Iron Bowl.

Records of note:

  • Auburn: 11-1 (35-21 loss at LSU)
  • Michigan State: 11-1 (17-13 loss at Notre Dame)
  • Ohio State: 12-0
  • Vanderbilt: 8-4 (poised for second consecutive nine-win season)
  • Missouri: 11-1 (27-24 2OT loss against South Carolina)

Bowl outlook:

  • Rose Bowl: Barring a very bad loss to Ohio State in the Big Ten championship game Saturday night, Michigan State seems set to ring in the new year in Pasadena. Here are the details on that situation.
  • Bowl projections keep waffling Vandy between the Music City and Liberty Bowls. Despite having a national championship in women’s bowling, they can’t seem to roll outside the Volunteer State. The former Independence Bowl in Shreveport might be a good alternative.

The BCS national championship: Right now, Florida State is set to play Ohio State, but that could change after this weekend. Each team needs to beat its conference championship opponent, Duke and Michigan State (more on basketball later!) respectively, of course. Auburn’s also in the mix here. If the Eagles/Tigers/Plainsmen beat Missouri in the SEC championship game, one-loss/SEC champ Auburn could leap an undefeated Ohio State. But you don’t have to take my word for it. Just ask Florida head coach Urban Meyer:

There are a lot of people making a lot of decisions out there, but this is a big one. We’re going to tell a group of young men, who just went 12-1 in a most difficult schedule against six ranked opponents, that they don’t have a chance to play for a national championship? I’m going to need help with that one.

That was back in 2006, though, and in 2013, Meyer finds himself singing a decidedly different tune as the head coach of Ohio State. 2006 Urban Meyer got his way, something 2013 Urban Meyer ought to keep in mind this week.

(HT: @DrunkAubie)

College Football Week 4: POLL

pollingLots of college football fans say that the polls don’t really matter, can’t really matter, because they don’t accurately reflect what’s happening on the field. What were those voter-computer-robots watching, anyway? Were they even watching? These concerns don’t apply to ALDLAND’s College Football Poll, which will do you one better than reflecting reality, though it does that too: How about affecting reality? Check out what happened to Florida QB Jeff Driskel after he was the winner-loser of week two’s poll: out for the year. Cast a vote of consequence below.

Continue to voting

Tuesday Afternoon Inside Linebacker

tail3ALDLAND’s weekly football review returns after an infamous fall wedding weekend. Bear with us as we attempt to piece together the happenings of the last few days.

College Football

Pregame:

  • After the Game of the Century of the Season of the Week last week in College Station, everybody predicted a scheduling letdown this week. Sports predictions have become (always were?) completely useless and devoid of meaning, but once in a while, the wisdom of the crowd gets it right. Throwing out expired food? No, actually. A soft slate of week-four matchups? For the most part, yes.

The games — That 70s Show:

  • Clemson opened the week of play by getting punchy on Thursday night in a closer-than-it-should-have-been win over North Carolina State. So far as I can tell, the Tigers have played only fellow Carolinians to this point in the season. A check of their schedule confirms this, and the trend will continue this weekend. (EDIT: Except for that little game against UGA in week one.) Clemson 26, North Carolina State 14.
  • A number of teams posted gaudy scores and spreads. Since they already had their fun, they’re all getting grouped in this one paragraph. Ohio State 76, FAMU 0. Louisville 72, FIU 0. Miami 77, Savannah State 7. Washington 56, Idaho State 0. Baylor 70, Louisiana-Monroe 7 (that one’s actually a little surprising). Florida State 54, Bethune-Cook 6. Wisconsin 41, Purdue 10. UCLA 59, New Mexico State 13. Texas A&M 42, SMU 13. And others.

ALDLAND Podcast

Marcus and I are back to discuss the games we previewed last week, as well as talk about some of the exciting games on this weekend’s slate. Coaches on the hot seat and how hot those seats might be is another topic of discussion, as is our new favorite musical artist, “Mathers.”

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