The week in “sports”: 4/17/20

cpbl

From the Got To Admit It’s Getting Better Department:

  • Baseball is back: Not everything is getting better, of course, and circumstances are continuing to worsen for many people in many places. For sports fans this week, though, a bright spot was the return of professional, regular-season baseball. The Chinese Professional Baseball League opened Wednesday with the Rakuten Monkeys hosting the Unilions (more formally, it seems, the Uni-President 7-Eleven Lions) in Taiwan. The game went into extra innings and ended with a walk-off solo homer (sound on) in the bottom of the twelfth to claim the Monkeys’ first win under their current ownership. The game was played without fans in attendance, though you may recall the Monkeys as the team that promised to fill its stands during this period with robot supporters (one of whom I think can be seen in the game-winning clip linked above). All that considered, the game atmosphere didn’t feel too sterile, though, thanks to the home team’s decision to pump in plenty of crowd noise, including chants and songs. There also were a half-dozen Monkeys cheerleaders– surely real humans and not Westworld hosts, even if we recently learned (minor spoiler alert) that the Delos park property likely is located on an island in the South China Sea– on hand to celebrate their team’s on-field achievements. It remains to be seen whether the CBPL season will continue as planned (the Monkeys beat the Lions again on Thursday, 15-3 in regulation) and eventually phase fans back into the seats, and it of course is unknown how they will respond if a player tests positive for COVID-19. For now, though, we can enjoy this moment of quasi-normalcy and hope that it proves to be a model adaptable to sports in North America in the near future.
  • iNoLongerRacing: After shouting a racial slur at one of his teammates during a live stream of a virtual race, NASCAR driver Kyle Larson quickly lost most of his sponsors, and then his team dumped him.
  • Golf’s precolonial study: We’re not talking literary criticism, although I tend to be critical of placing any weight on announcements that postponed events will occur at a future date given how little we understand about this disease and instead prefer to wait until the events, like the above-referenced CPBL opening day, actually happen. Even so, I am linking to this story about the PGA’s current plan to resume its season– sans fans– at Colonial Country Club on June 8 for three reasons: 1) of all sports, golf seems the easiest to play while abiding social-distancing requirements; 2) I needed another bullet point for this post; and 3) we’re still pretty desperate for good news in the sports world.
  • Eat your betting ticket: Major League Eating (a thing!) is taking wagers on a special eating contest featuring Joey Chestnut and seven other top competitive eaters to raise money for charity, and that’s all I feel like writing about that.
  • Coming up/Odd Odds: Speaking of large men and gambling, I’d wager it’s more likely than not that Marshawn Lynch is back on Westworld this Sunday, though I’ll leave it to the professional bookmakers to set the line on the number of different emotions that will be illuminated on his sweatshirt during the episode.

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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.

Bringing Concussions Out of the Darkness (via NYT)

merlin_144102582_8adbab97-d108-4fab-ae7d-a385a8fff340-superjumboDuring my two decades behind the wheel as a full-time Nascar driver, I suffered more than a dozen concussions. For a long time, I managed to keep most of them a secret, but then my symptoms got too severe to keep up the charade and I was forced to get help. My battle with head injuries has given me a wealth of firsthand knowledge of the causes, symptoms, types of and treatments for concussions.

Racers get every injury you can think of, from broken legs to cracked collarbones. But it was concussions, not fractures, that forced me to retire as a full-time Nascar driver in 2017. Twice I was pushed out of the driver’s seat because of concussion-related symptoms, missing two major races in 2012 and an entire half-season in 2016.

When concussions do occur, it’s important to remember that brain injuries can be treated and healed like any other athletic injury — but only if the proper steps are taken, the right doctors are reached and the prescribed treatment is followed through to the end.

That treatment is not easy. I’d never been a gym guy, but I learned how to become one. My rehabilitation in 2016 was the hardest I have ever worked. I wasn’t told to sit in a dark room, the stereotypical treatment for concussion. That’s not how it works anymore. Instead, I was pushed mentally and physically through fine motor skill tuning, exhausting computer-based eye tests, and a lot of old-fashioned cardio. After months of work I could feel my brain, eyes, ears and body communicating properly again.

I also felt my life returning. The constant, dull feeling of fear lifted. I was smiling again. … Read More

(via NYT)

Sports Law Roundup – 11/3/2017

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:

  • Soccer relocation: Citing a duty to taxpayers, a judge in San Antonio is calling for a criminal investigation of the Columbus Crew’s announced proposal to move the team to Austin. Bexar County Judge Nelson Wolff had been involved in San Antonio’s attempt to secure an MLS franchise, which includes a joint purchase by the city and county governments of an $18 million soccer stadium. According to Wolff, Mark Abbott, the head of MLS, was supportive of San Antonio’s campaign for an expansion franchise in 2015 and said that MLS would not place teams in both San Antonio and Austin. Wolff has asked the Bexar County district attorney to investigate the situation.
  • NFL hiring collusion: Last month, free-agent quarterback Colin Kaepernick filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. According to a report this afternoon, team owners Jerry Jones (Cowboys), Robert Kraft (Patriots), and Bob McNair (Texans) will be called to answer questions under oath about Kaepernick’s claims and disclose their cellular telephone records. According to the report, “others owners, teams and league officials also will be deposed, but those individuals have been confirmed for now.”
  • NASCAR pit crew: In June, a judge allowed a wrongful termination case by Brandon Hopkins, a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing. Hopkins injured his shoulder when a race car hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis. The parties now have settled the case on undisclosed terms.
  • Daily fantasy sports: On Monday, Pennsylvania legalized daily fantasy sports, and Connecticut took similar steps on Tuesday. Pennsylvania will impose a fifteen-percent tax on operator revenue and other licensing requirements and makes it easier for that state to legalize traditional sports betting. The Connecticut policy, which includes a 10.5-percent tax on operators’ gross revenue, requires amendments to the state’s agreements with the two Indian tribes that operate the Foxwoods and Mohegan Sun Casinos and will become effective only after those tribes approve the amendments.

Sports court is in recess.

Sports Law Roundup – 7/28/2017

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:

  • Soccer fan libel: As first reported by your humble compiler, Deadspin, now part of the Gizmodo Media Group, which is the company Univision purchased in its acquisition of the remnants of the Gawker Media Group following Hulk Hogan’s successful libel lawsuit against that company, is facing another libel action. This time, it’s the much less famous Kevin Cheek, who has sued the website after it ran an article about fans engaging in homophobic chants at the first Atlanta United game that he says included a photograph of him taken at a different game. One potential problem for Cheek: the allegedly offending article contains a single picture, which shows the entire stadium, making it impossible to identify the face of any individual fan. It’s possible– maybe probable, in light of the existence of this lawsuit– that the article originally included a different photograph. If it did, though, it escaped the watchful eye of the Internet Archive, which first captured an image of the article five days after publication. It also is possible that the complaint actually is referring to one of the photographs following the article that are associated with one of the “Recommended Stories,” other Deadspin articles about the MLS. In that cached version of the identified article, two of the three photographs in the Recommended Stories section depict Atlanta United fans. If one of those pictures is the one that includes Cheek, it is unclear why his complaint doesn’t instead identify that article.
  • NASCAR trademark: A trademark dispute between one of NASCAR’s most prominent families will continue following an appellate court ruling that an earlier decision dismissing claims brought by Teresa Earnhardt, widow of Dale Earnhardt, against Kerry Earnhardt, Dale’s oldest son, was deficient. Kerry, whose mother was Latane Brown, Dale’s first wife, is a former driver who made his debut on NASCAR’s top circuit (then known as the Winston Cup) at Michigan in 2000, where the field also included his father and half brother, Dale Earnhardt, Jr. After his retirement from NASCAR in 2007, Kerry and his wife partnered with a custom home design company and subsequently sought to trademark “Earnhardt Collection” for use in that industry. Teresa, who owns Dale Earnhardt, Inc. and other “Earnhardt”-related marks, opposed her stepson’s registration bid. The matter now returns to the Trademark Trial and Appeal Board for further adjudication.

Sports court is in recess.

Sports Law Roundup – 7/7/2017

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.

After a break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.

Sports Law Roundup – 6/2/2017

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.

After a week off, this feature returns with the top sports-related legal stories from the past week:

  • Penn State child abuse: All three of the former Penn State University administrators charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program will spend time in jail. In March, 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 former school president Graham Spanier as the sole defendant in the case facing a trial on charges of child endangerment and conspiracy. A jury subsequently convicted Spanier of a single misdemeanor count of child endangerment. Curley and Schultz each received sentences of a maximum of twenty-three months in jail. Curley will serve three of those months in jail and Schultz will serve two months, with each completing the remainder of his sentence in house arrest. Spanier was sentenced to a maximum of twelve months in jail and will serve two, with the remainder in house arrest, and still indicates he intends to appeal.
  • Cheerleader wages: The judge overseeing the proposed antitrust class action lawsuit brought by a former San Francisco 49ers cheerleader known in the context of the case as Kelsey K. in connection with alleged wage-suppression tactics has dismissed the case, although he is allowing the plaintiff’s attorneys until June 15 to attempt to amend the complaint. In February, the judge denied the lead plaintiff’s request to proceed with the case under the “Jane Doe” pseudonym, though he did permit her to use only her first name and last initial.
  • NASCAR pit crew: A judge denied the majority of two competing summary judgment motions and will allow a wrongful termination case by a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing (“MWR”). The plaintiff, Brandon Hopkins, injured his shoulder when a racecar hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis.
  • NBA fan assault: In February, Charles Oakley, a former member of the New York Knicks, was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden. Now, Oakley has declined a prosecutor’s offer to drop the charges and requested that the matter be resolved in a trial, which Dolan likely views as a vehicle for unwanted public attention on himself.

Sports court is in recess.

NASCAR is in Atlanta this weekend, and things are off to a bad start

USA Today reports:

Travis Kvapil’s car for this weekend’s Sprint Cup Series race at Atlanta Motor Speedway was stolen from outside Team Xtreme’s hotel early Friday morning, police said.

The rest of the story, including some truly enlightening comments from the Morrow Police Department, is available here.

Staff at ALDLAND’s Atlanta office are circulating the below picture of Kvapil’s vehicle, last seen at Daytona International Speedway last week, where Reed Sorenson drove it to a thirty-second-place finish at the Daytona 500.

Welcome to Atlanta, Travis. Next time maybe use the hotel valet service, and whatever you do, don’t blame Winter Storm Tupac.

UPDATE: Kvapil and Team Xtreme have withdrawn from this weekend’s race, promising to return for next week’s race at Las Vegas.

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

Tony Stewart and Our Need to Know (via Sports On Earth)

tonystewartWe have become a culture that is obsessed with knowing. Our age, with the technology we have at our disposal, is supposed to be different than the ones that came before. There is a sense that all the mysteries of the past can be solved, that gaps in our knowledge are the result of insufficient resources and incurious, casual minds. If there’s anything the information age has brought us, it is the implicit understanding that information, because it is everywhere, can thus tell us everything.

This is the single organizing principle of our age: The sense that there is an inalienable truth, and that we can find it. DNA evidence. Targeted micro-marketing. Cognitive profiling. Data journalism. Instant replay. An undocumented incident that might have been dismissed as folklore or happenstance in the past is pored over for clues now. A meteor appears out of nowhere? Dozens of Russians have dashboard cameras to document it. A plane falls from the sky and lands in the Hudson River? Photos of it are loaded to Twitter before 95 percent of the country even knows what Twitter is. A couple doesn’t give a foul ball to kid who wants it and they’re excoriated on the Today show the next day. Not knowing is not acceptable. We can access our collective power to find out what happened, and why.

And a nightmarish accident happens on a dirt racetrack on Saturday night. A man — a boy, really — dies. Someone captures it with a cellphone. This has to provide us answers. This has to give us some truth. This has to give us some justice. … Read More

(via Sports On Earth)