MLB’s Instant Replay Review is Neither Instant nor Review: Discuss

OT - Coffee Talk

It was another bad weekend for MLB officials, whose joint obsessions with speaking publicly about an alleged need to shorten the length of games and threatening their existing fans with rule changes they hate (while forcing official telecast commentators to praise the ill-conceived reforms) came to a sudden and startling head in Atlanta last night.

This catastrophe was not entirely without advance warning, thanks to a Thursday-afternoon prelude in Queens, where replay review affirmed a plainly incorrect, game-ending call at home plate. There, with game tied and the bases loaded in the bottom of the ninth inning, officials awarded the Mets a walk-off victory when their batter, Michael Conforto, leaned into strike three from Miami Marlins pitcher Anthony Bass (good fish name), taking the ball off his elbow and forcing in the game-winning run. Replay review showed that Conforto not only failed to make any effort to avoid being hit but actually extended his elbow out toward the pitched ball. Even the home telecast crew on SNY acknowledged the rules violation. MLB officials did not, however, asserting that the scope of their review was limited to the simple question of whether the pitch hit Conforto, and the Mets had a win in their home opener.

Three days later, things became unimaginably worse and even less defensible for MLB. In the primetime Sunday night game, the Philadelphia Phillies and Atlanta Braves had dueled to a six-all tie through eight innings. The Braves sent reliever Will Smith out to start the ninth. Smith allowed a leadoff double to Alec Bohm, who advanced to third on Jean Segura‘s groundout. Smith then induced Didi Gregorius to fly out to Marcell Ozuna in left field. Bohm tagged up and headed home. Ozuna’s throw to catcher Travis d’Arnaud looked good enough to end the inning, but the home-plate umpire called Bohm safe.

Instant replay showed anyone with eyes that Bohm was not safe, however. While there may be room for debate as to whether Ozuna’s throw beat Bohm to the plate, the fact that Bohm never actually touched home plate should have negated any other question on the call. Video replay clearly and unequivocally showed that Bohm missed the plate entirely. A lengthy video replay review shockingly resulted in a decision upholding the safe call, however, and angry Braves fans began littering the field with debris, causing further delay.

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From Wayne Train to Crazy Train: Dan Campbell is the Motor City’s new mad man, and also the Lions are going to kick you in the teeth and bite off your kneecap

For the woebegone Detroit Lions, this offseason has offered a fresh take on an old theme. Controlling owner Sheila Firestone Ford Hamp cleaned out most of the front office, something her mother and father had done before. This time, though, Hamp first brought in two Lions legends, Chris Spielman and Barry Sanders, to work on the task of hiring Detroit’s next general manager and head coach.

So far, the results of their work have received widespread praise. GM Brad Holmes, who came up as a scout with the Rams, was their first hire. With the Matt Millen era still fresh in the minds of many fans, and thoughts of suboptimal picks by Bob Quinn due to frictious relationships between players and coach Matt Patricia even fresher, the idea of a general manager with a modern take on scouting and a successful track record to match is quite exciting.

Today, the team formally introduced its new head coach, former Lions tight end Dan Campbell. After a ten-season NFL playing career that finished with three seasons in Detroit (he signed with the New Orleans Saints before the 2008 season but never played due to an injury), he worked as a coach for the Miami Dolphins– rising to interim head coach following the firing of Joe Philbin– and Saints.

Campbell’s approach to football was on full display during an hourlong media conference that peaked right around this moment:

This is not Patricia’s faux tough-guy act, and even if it ends up descending into a WWE-meets-Tom-Thibodeau disaster, we’re playing with house money here. The situation really cannot get worse. From a perspective of pure entertainment, no one loses like the Lions lose, and, whatever the result, Campbell showed today he’ll add much more than a spark to that entertainment value.

If you haven’t already concussed yourself trying to run through the nearest brick wall, you can watch Campbell’s entire appearance here.

The Big O and the Merry Prankster

Oscar Robertson is an NBA champion, MVP, and twelve-time All-Star, and he was the first NBA player to average a triple-double over the course of a season. In college, he averaged 33.8 points per game for the Cincinnati Bearcats, and he left school as the all-time leading scorer in NCAA history.

The 1957-58 season was Robertson’s sophomore year at Cincinnati and the first in which he saw playing time for the Bearcats. Robertson immediately made his presence felt, to the tune of 35.1 points and 15.2 rebounds in 38.8 minutes per game, helping Cincinnati to a 25-3 record and a Missouri Valley Conference championship.

Meanwhile, up the road in Oxford, Miami University was on a run of its own. Behind future NBA player Wayne Embry, the RedHawks finished a respectable 18-9, but notably went 12-0 in MAC play, the last team to accomplish that feat and only the second-ever team to complete an undefeated conference schedule (the 1949-50 Cincinnati team was 10-0 in the MAC before leaving the conference). One of Miami’s reserves was Ken Babbs. Listed at 6’3″, the Mentor, Ohio native contributed eleven points and four rebounds in the ten games in which he appeared for the RedHawks that season.

On January 30, 1958, the RedHawks traveled to Cincinnati for a matchup with Robertson’s heavily favored Bearcats. A box score is not readily available, but Babbs recounted his memories of the game in a live interview streamed last night. According to him, Miami coach Richard Shrider, who was in his first season with the RedHawks, thought his team had no chance against Cincinnati and told his players as much, which rubbed the competitor in Babbs the wrong way. Miami planned a box-and-one defense against the Bearcats, with Babbs drawing the assignment of the “one” to mark Robertson. Determined to put up a fight, he said he planned to guard Roberston aggressively, “like stink on shit.” Then laughing, Babbs confessed: “I fouled out in two minutes.” Cincinnati won by twenty.

Both teams reached the NCAA tournament that spring. With their first-round win over Pitt, Miami became the first MAC team to win a tournament game. The Bearcats did not win any tournament games that year, but they made deep runs in Robertson’s two remaining seasons there, finishing third overall both times.

Robertson, of course, went on to professional basketball fame. Babbs, meanwhile, found fame of a different sort. That fall, after graduating from Miami, he pursued graduate studies in creative writing at Stanford. There, he befriended fellow student Ken Kesey, with whom Babbs and others soon would form the Merry Pranksters, whose culturally influential escapades with sound, film, and LSD were in part memorialized in Tom Wolfe’s memorable book, The Electric Kool-Aid Acid Test and would help propel the career of the Grateful Dead.

You can watch Babbs discuss his 1958 on-court encounter with Robertson and a later, off-court reunion here. A film of a Grateful Dead benefit concert supporting a Kesey-family creamery the Pranksters helped produce is available for a limited time below.

Tilde Talk: The Empty Ureña Suspension

Atlanta Braves rookie outfielder Ronald Acuña, Jr. has been on a tear. Entering last night’s game against the floundering Fish, he had just become the youngest player (since at least 1920) to homer in four straight games, joining Miguel Cabrera as the only two twenty-year-olds to accomplish the feat. He leads all rookies in slugging percentage. He’s amazing, and he’s a big part of the reason why the Braves have reclaimed first place in the NL East.

The Miami Marlins stink. Their new ownership group, led by Derek Jeter, has spent its inaugural year at the helm casting off virtually every remotely valuable member of the team, which has a .390 winning percentage in 2018 and is unlikely to compete in any respect for years to come. I didn’t call the Marlins franchise a tax shelter, but somebody else might.

The Marlins pitching staff isn’t really getting anybody out, as a -180 run differential somewhat suggests. Only the Orioles and Blue Jays have been worse in that regard, and they spend a lot of time in the AL East getting beaten up by the Red Sox and Yankees juggernauts. If you care about ERA, the Marlins have the worst such mark (4.85) in the National League.

Acuña has enjoyed an extreme degree of success, even by his standards, against Miami: .339/.433/.714 (201 wRC+). They just can’t get him out, at least as the rules of baseball define that term, especially lately. In the first three games of the four-game series with the Marlins that ended last night, Acuña reached base ten times in fifteen plate appearances, which included four home runs and a double.

The Braves’ half of the first inning last night began like this:

I’ve watched Jose Ureña’s first pitch from last night, which came in at about ninety-seven miles per hour, as well as his subsequent reaction to his pitched ball hitting Acuña on the arm, about a dozen times. There is no doubt in my mind that Ureña took the mound last night with the intent to hit Acuña with his first pitch and did what he intended to do. The umpiring crew apparently agreed and ejected Ureña after that first pitch.

For those unfamiliar with Ureña, a collection of humans that, prior to roughly twenty-four hours ago included very nearly the entirety of the human species, he is a twenty-three-year-old pitcher who has spent all four years of his major-league career with the Marlins, mostly as a starter. Among regular starters, Ureña has been one of the harder throwers in 2018, but there’s little else remarkable about him. The current season has been the best of his career so far (1.7 WARP to date), and there’s a not-unreasonable argument that he ought to be done for the season.

This evening, MLB Commissioner Rob Manfred decided to suspend Ureña for six games and fine him an undisclosed amount of money. Suspensions for this sort of thing often are of the five-game variety. For starting pitchers, five-game suspensions really are one-game suspensions, because most starting pitchers only pitch once every five games. It’s a bit of a charade by the Commissioner’s office.

Manfred has not released an explanation of his somewhat unusual decision to push Ureña’s suspension to six games, but it’s reasonable to assume that he wanted to appear tougher to avoid the usual critiques of the standard five-game suspension. It’s readily obvious, of course, that, for starting pitchers, a six-game suspension suffers from almost precisely the same practical defect that attends a five-game suspension. Indeed, as reporters immediately noted, it’s a very real possibility that Ureña won’t even miss his next start.

This isn’t the first time Manfred has acted in a way he knows is purely symbolic and entirely without practical consequence. It’s becoming a bad habit of his, made all the more frustrating by the ready availability of effective alternatives. Here, if Manfred really wanted to communicate a message to players that he will not tolerate intentional, unsportsmanlike behavior like that Ureña exhibited last night, he could have done any of the following:   Continue reading

My favorite piece of Super Bowl trivia

Our resources can’t support a full Super Bowl preview this year. Instead I give you, by way of sports trivia maestro and fellow Pizza Cave Podcast guest Eastside Paulie, my favorite piece of Super Bowl trivia, which I learned from my dad on a trip to Houston.

Get your vote in before six o’clock today, and enjoy the game on Sunday.

Sports Law Roundup – 3/24/2017

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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 began this week. Earlier this year, a court ruled that three former PSU administrators would face criminal charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. Last week, two of the three defendants– former PSU vice president Gary Schultz and former athletic director Tim Curley– pleaded guilty to one count each of endangering the welfare of children, leaving Spanier as the sole defendant, facing charges of child endangerment and conspiracy. Spanier has maintained his innocence ever since 2012, when he was charged, but prosecutors presented testimony from Schultz and Curley they hope will undermine that position. The prosecution concluded its case on Wednesday, and, after the defense rested on Thursday morning without calling any witnesses, the case went to the jury that afternoon. The jury deliberated for nearly seven hours yesterday afternoon without reaching a verdict. Those deliberations remain ongoing as of the publication time of this post.
  • Minor League Baseball wages: Earlier this month, a California trial judge handed a significant victory to minor-league baseball players suing MLB for higher wages and overtime pay when he granted their request for class certification. The defendants (which also include the Kansas City Royals, Miami Marlins, and San Francisco Giants) now have requested permission to immediately appeal that ruling. Because trial judges’ decisions on class certification usually, as a practical matter, are outcome-determinative, parties opposing those rulings have a large incentive to appeal them right away. Recent statistical research suggests that there is a relatively good chance the court will allow an immediate appeal of the sort the defendants in this case have requested.

Sports court is in recess.

Sports Law Roundup – 1/13/2017

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:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

Sports Law Roundup – 11/25/2016

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 a short holiday week:

  • NFL head injuries: A new lawsuit, filed Monday by thirty-eight former NFL players against the league and its teams, seeks an amendment to the NFL-NFLPA collective bargaining agreement to provide for workers’ compensation benefits for CTE, the disease found in people who suffer from repeated brain trauma, for living patients, as well as loss-of-consortium compensation for their spouses. The plaintiffs, including Detroit Lions All-1990s lineman Tracy Scroggins, allege that they have symptoms of CTE. While doctors typically cannot diagnose CTE until the patient has died, allowing for a more thorough brain examination, this lawsuit shifts the focus to those demonstrating CTE symptoms while they are alive. Advances in brain-imaging technology and a newly developed blood test may provide medical support for legal claims based on “living CTE.”
  • Professional athlete Ponzi scheme: On Monday, a banker pleaded guilty to conspiracy, wire fraud, and money laundering in connection with a Ponzi scheme she ran with former NFL player Will Allen designed to defraud investors with a plan to make loans to professional athletes seeking offseason financing when they weren’t receiving payments from their team salaries. The athletes’ identities are not public information, but, according to the banker, they include “the second-best player on a National Football League team, two other pro football players, two pro baseball players and a hockey player.” Allen, who already entered a guilty plea, spent more than a decade in the NFL as a defensive back for the Giants and Dolphins.

Sports court is in recess.

Analyzing college football coaches’ favorite musical artists

bruce-springsteen-slide-super-bowl-halftime-show

ESPN conducted a survey of all 128 Division I college football coaches, asking them to name their favorite musical artist. The full list of responses is here. My cursory analysis is here:   Continue reading

2016 MLB midseason prediction report

grading

This week marks the halfway point in the 2016 MLB season, which seems like a good time to check in on the preseason predictions I made.

American League

East: Boston

The Red Sox are playing pretty well, and some of their young prospects are rising to stardom, but they trail the “surprise” Orioles by 4.5 games, and are only a game up on third-place Toronto. Still, I don’t think it would surprise anyone if Boston made moves and won this division in the second half, especially with new GM/master dealmaker Dave Dombrowski at the helm.

Central: Detroit

Minnesota aside, the Central is a tight race, but it looked a lot tighter last week, prior to Cleveland’s current rampage. Until then, no team had held a sustainable stay atop the division, though, of the four contenders, Detroit’s time in first was briefest and most tenuous. This obviously was a pick on the emotional side of the ledger for me (though it’s one I share with Dave Cameron), but if the Tigers can’t beat Cleveland– currently 0-9 on the year– this season, it’s difficult to see them claiming the crown in the second half.   Continue reading