The week in “sports”: 4/10/20

tillman winston

From the Hey, We’re Trying Department:

  • Sports were cancelled again: Amidst alternatively gloomy and pie-in-the-sky loony outlooks shared on the prospect of the near-term return of anything not horse racing and NASCAR videogaming, the best hope– really– this week was UFC don Dana White’s proposal to stage MMA fights on a mysterious private island. Promptly after that story broke, the UFC announced the cancellation of its next round of scheduled fights. It also turns out White & Co. don’t actually own that island just yet. Meanwhile, plenty of viral bluster from a couple of college football’s biggest mouths, Mike “I’m a Man” Gundy and Dabo “Dabo” Swinney; NASCAR’s iRacing coverage insists on consistently using a very annoying term with regard to Bubba Wallace (not going to link that one); and MLB’s floated plan to play its 2020 season in the summer in the desert with lots of players and staff but no fans and no player or staff family members hits some too-obvious roadblocks. Also, Al Kaline died. More on him in a forthcoming post, but if you feel like just packing it in and trying again for sports in 2021, I won’t blame you.
  • A college basketball champion was crowned: The 2020 NCAA men’s basketball national championship game would have been Monday night, and the young cyborgs at FiveThirtyEight determined that, had it been played, it would have featured Michigan State and Kansas, with the Spartans prevailing to claim their third national championship in program history. (I couldn’t bear to read that article, so I’m sorry if it’s the wrong link.) In case you have the desire to empty an entire bag of Morton System Saver salt into your March Madness wound, here’s the site’s full projected 2020 bracket.
  • Other news: Chris Johnson maybe had two guys killed? And the Masters twitter account is posting pretty pictures and video highlights in memory of what would have been Masters week 2020.
  • Coming up: Previews indicate that Marshawn Lynch will return in Sunday night’s episode of Westworld.
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2018 Rapid Review

The year 2018 was a year. Here are some of our favorite things from the year that was 2018.

  • Atlanta United winning the MLS Cup, at home, in their second year of existence.
  • America’s women’s hockey team beating Canada to win gold at the winter Olympics.
  • Phish summer tour. My first time seeing them three nights in a row. That they never repeated a song during that stretch was notable but not terribly surprising. What was remarkable and never received the treatment at this site that it deserved was the overall quality of the performances, especially on Friday, August 3 but really consistently throughout the weekend, where a wide array of songs from across their thirty-five-year catalogue provided launching pads for fresh, collaborative jams time after time. It feels like the band has reached a new level.
  • Hamilton College’s Francis Baker, the American hockey goalie who stood up to Hitler. This was your most-read story posted on this site in 2018.
  • Steve McNair: Fall of a Titan. This, from Sports Illustrated, was my first foray into the true-crime podcast genre. The gist: what we were told was an open-and-shut case probably has a lot more to it than what the investigating police department allowed to meet the public eye. Story had some additional resonance for me because I had been living in Nashville at the time.
  • Maryland-Baltimore County beating Virginia to become the first-ever sixteen seed to beat a one seed in the NCAA men’s basketball tournament.
  • Justify‘s dominant Triple Crown achievement.
  • Baseball Hall of Fame adding Alan Trammell. Still no Cooperstown spot for teammate Lou Whitaker, though.
  • The Supreme Court clearing the way for states to authorize sports wagering.
  • J.R. Smith delivering the most memorable moment of LeBron James’ final series with Cleveland.
  • Shohei Ohtani making his major-league debut.
  • The Vegas Golden Knights reaching the Stanley Cup Final in their first year of existence.
  • Vanderbilt beat Tennessee in football again. The Commodores have won five of the last seven games in this series. (If you’d lost track of him, Derek Dooley’s currently working as the quarterbacks coach at Missouri.)
  • Baseball Prospectus revised its flagship bating metric and now concedes that Miguel Cabrera, not Mike Trout, deserved the 2012 and 2013 AL MVP awards.
  • Tiger Woods winning the PGA Tour Championship at East Lake.
  • In personal news, I published my first article at Baseball Prospectus, which took a look at whether MLB teams were colluding to depress player wages.
  • In memoriam:

Thank you for your readership this year. Look for more great content here in 2019.

Sports Law Roundup – 8/18/2017

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 is a top sports-related legal story from the past week:

  • Golf suit suit: On Monday, Augusta National Golf Club filed suit against an online auction memorabilia company in an attempt to halt sales of three of the club’s famous green jackets. According to the club, the jackets, which it issues to club members and winners of the Masters tournament, remain club property and may not leave the premises, with only one exception: the Masters winner may take his jacket off club grounds during the first year following presentment. The site claims to have for sale the 1966 Masters champion jacket issued to Byron Nelson, as well as member jackets belonging to John R. Butler, Jr. and George King. This list of club members USA Today published in 2002 names Butler and identifies him as a resident of Texas affiliated with J.R. Butler and Co., which appears to be an oil and gas consulting company. King’s name does not appear on the 2002 list, and reports on this lawsuit indicate that he was a member of the club only “briefly.” The auction site describes King as “an early Augusta National member from Wisconsin, never returned to Augusta National after” World War II. The auction company claims to have previously sold three other Masters champion jackets, including one belonging to the tournament’s first champion, Horton Smith, for almost $700,000 in 2013. There is no indication that the club sued the auction company in connection with any of its prior sales. Yesterday, a judge granted the club’s motion for a preliminary injunction halting the auction of the jackets, which the club alleges constituted stolen property.

Sports court is in recess.

Sports Law Roundup – 6/23/2017

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 past week:

  • Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
  • NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
  • Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
  • Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.

Sports court is in recess.

Sports Law Roundup – 5/19/2017

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 past week:

  • Basketball mugging: Moses Malone Jr., son of NBA great Moses Malone, sued James Harden, claiming that Harden paid a group of people $20,000 to mug Malone Jr. at a Houston strip club last summer after critical comments by Malone Jr. about Harden’s youth basketball camp angered Harden. Malone Jr. posted a Facebook.com comment about the $250-per-attendee cost of Harden’s camp and then was beaten and robbed at the strip club. One of the men charged in the attack reportedly told Malone Jr. during the attack that Malone Jr. “disrespected James Harden and that he needs to be punished after that.” At this time, police have not established a connection between Harden and the attack.
  • Golf drugs: Vijay Singh won a victory in his lawsuit against the PGA this week when a court ruled that his claim that the tour breached an implied duty of good faith it owed to Singh could proceed. Singh’s case arises out of a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids performance. The PGA suspended Singh based on his admission before checking with the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited. Singh’s contention is that the PGA should have confirmed this fact with WADA before it suspended him.
  • Football painkillers: The judge overseeing the proposed class action brought by former NFL players against the league’s thirty-two teams improper dispensation of painkillers dealt the plaintiffs another serious blow this week by dismissing almost all of the claims remaining in the case, and he does not seem to be impressed by the plaintiffs’ efforts: “perhaps the bloat of inapposite allegations is the product of some advocacy-based agenda rather than any attempt to comply with pleading requirements. For present purposes, however, this order makes clear at the outset that what matters is not whether plaintiffs have drawn attention to widespread misconduct in the NFL but whether each plaintiff has properly pled claims for relief against each individual club and, if so, whether those claims survive summary judgment.” At this time, the only claims that remain in the case are those brought by two individual players against three teams, the Green Bay Packers, Denver Broncos, and San Diego Chargers.
  • Baylor sexual assaults: Amazingly, Baylor’s legal troubles continue to mount. After a former student sued the university earlier this year, alleging she was the victim of a group rape committed by two football players in 2013 that the school ignored; 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”; and that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes, another former student has sued the school based on similar allegations. The new case, filed by a former volleyball player for the university, is the seventh Title IX lawsuit brought against the school, and it alleges that up to eight Baylor football players drugged and raped the plaintiff in 2012. The complaint explains that the attack was photographed and videotaped and happened in connection with a football hazing program.
  • NBA ticket devaluation: A San Antonio Spurs fan has sued the Golden State Warriors and one of that team’s players, Zaza Pachulia, claiming that Pachulia’s contribution to the injury of Spurs star Kawhi Leonard “devastated the quality of the Spurs’ chances of being competitive,” thereby diminishing the value of the plaintiff’s tickets to future Spurs playoff games. Video of the play in question is available here. It shows Pachulia moving in front of Leonard, who is in the air releasing a shot, and Leonard subsequently landing on Pachulia’s foot, resulting in an exacerbation of Leonard’s ankle injury that caused him to miss the remainder of the first game and all of the second game of the NBA’s Western Conference finals. Leonard did not participate in practice yesterday, and his status for tomorrow’s game remains undetermined.
  • MLB streaming: Facebook and MLB have reached a live game streaming agreement that grants streaming rights to the social media platform for certain Friday night games. Streams will be free to users in the United States, and it appears that blackout restrictions will not be enforced, meaning fans located in the participating teams’ geographical regions should be able to watch as well. The initial deal includes twenty games, beginning with tonight’s Rockies-Reds matchup. More games may be added later. It is not clear whether this announcement has anything to do with the new lawsuit filed earlier this month by fans seeking to enforce a previous settlement agreement that required MLB to provide more live streams of in-market games by 2017, but it sure seems like it does.
  • Football jokes: An individual who posts jokes on the internet has sued Conan O’Brien, alleging that O’Brien stole a joke from him about Tom Brady winning the Super Bowl MVP award two years ago. Super Bowl MVPs apparently receive pickup trucks as prizes, and Brady, having won multiple such awards and having no use for a truck, has been giving them to a teammate he feels deserves it. Following New England’s last-second victory over Seattle in Super Bowl XLIX, Brady gave the truck to Malcolm Butler, who secured the game-winning interception. The essence of the joke was that Brady should’ve given the truck to Seahawks coach Pete Carroll, who, many thought, made a very bad play call on that play. I’m not sure what the statute of limitation is on joke-theft claims, but any joke that takes this long to explain probably isn’t worth stealing.  (It also seems kind of obvious, at least in retrospect.) A judge has ruled that the case will go before a jury, which will decide whether O’Brien infringed the individual’s copyright on that joke and two others.

Sports court is in recess.

Can Golf Save Congress? (via Hot Dogs and Golf)

An article on NPR posited the idea that if members of Congress played more golf together, like in the olden days, they would get more work done.

It’s an interesting idea — one that has been proposed many times over in different forms. If members of Congress drank together, ate dinner together, took trips and retreats together. If their spouses did volunteer work in DC together, if they moved their family to DC so their kids could go to school together, we could break through the incivility and gridlock.

In the late 1990’s, the Aspen Institute hosted 3-day retreats hoping to bring members of Congress from both sides of the aisle together to get to know one another — and face the issue of incivility in Congress head on. Around 200 Members, their spouse, and children attended. Did it work? Sort of.

But, what of this idea of bi-partisan golf? … Read More

(via Hot Dogs and Golf)

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

The middle of July is one of the slowest times in sports, but the MLB came through by banning Ryan Braun for the remainder of the season for violating its drug policy and provided us with more than enough fodder for a podcast. Listen as Marcus and I discuss the Braun story and related subplots, as well as our thoughts and advice on workout gear and a recap of Lefty’s big win in Scotland.

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