Waive that flag: Is this still a thing? (NFL 2017 week seven penalty update)

The only thing tougher to keep up with than this penalty-induced stop-and-start NFL season appears to be this series tracking those penalties. After a couple weeks off, it’s time to find out whether (mixed metaphor warning) 2017’s historic* penalty trend is continuing or flagging.

nfl penalty flag data 10-26-17Although the flag rate this season is falling, it continues to be higher than ever. With penalties trending up and viewership ratings trending down, one continues to wonder when the NFL will get the memo and let the players play.

 

* The NFL Penalty Tracker has data going back to the 2009 season.

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Previously
Waive that flag: Alberto’s favorite things (NFL 2017 week three penalty update)
Waive that flag: NFL week two penalty update (2017)

Waive that flag: The NFL returns with zebras on parade

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Sonny Gray and the Collective Bargaining Agreement (via Ken Arneson)

After the A’s traded Sonny Gray on Monday, I saw a lot of people declaring that the A’s are just doing the same old thing for the same old cheapskate reasons blah blah blah. That’s an easy thing to think if you’re just looking at the surface of things, but if you dig deeper and study it, you find it’s a bit more complex than that. … Read More

(via Ken Arneson)

Baseball’s faithless electors

My latest post for Banished to the Pen considers the Tampa Bay Rays, the faithless electors of the vote on the 2016 MLB collective bargaining agreement, and it includes this picture:

drays

The full post is available here.

Sports Law Roundup – 12/16/2016

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 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.

Window Shopping: Shut the Door, Tip Your Cap

As I write this, his elbow likely is spontaneously combusting, but it’s beginning to look like the Detroit Tigers finally have a reliable closer. Joakim Soria has been both busy and successful this season, appearing in twenty-two of the Tigers’ forty-eight games so far, allowing just three runs and one blown save in that span. Eight of his twenty-two appearances have been on no rest, and six more were after just one day of rest. Since Joe Nathan went down with a season-ending injury, the ninth inning has belonged to Soria, and, on a couple recent occasions, part of the eighth inning as well. Soria’s success is quite welcome, and this expanded use of his closer also reflects well on manager Brad Ausmus, who was criticized for what appeared to be inartful handling of his relievers last year.

Whatever the cause of Soria’s rediscovered success this year, along with the positive contributions of his fellow relief pitchers, the Tigers suddenly find themselves with one of the best bullpens in baseball, as measured by ERA. (They were fourth-worst in 2014.) This reversal comes not a moment too soon for Detroit, where, with Victor Martinez back on the DL, the offense has evaporated like a mid-May snow melt. Thanks in no small part to Soria, though, the team was able to win two of three in Oakland while scoring just four runs in the entire series. The closer appeared on Tuesday night and Wednesday afternoon, allowing two hits, one walk, and no runs in 2.1 innings pitched to seal both victories. Below is the final pitch of yesterday’s game, which is not unpleasing to watch.

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The only surprising part of Will Ferrell’s tour de baseball

will ferrell baseball chopper

Everybody had a good time with Will Ferrell’s Major League Baseball debut last week, and that’s no surprise. Will Ferrell is funny and good at making people laugh, and, it’s always seemed with him, the bigger the stage, the bigger the laughs. Ferrell started Thursday as an undrafted amateur free agent signee of the Oakland Athletics, and he finished the day as a San Diego Padre. In between, he appeared in games as a member of eight other teams and played every position, including designated hitter (pictured above). He even has his own Baseball-Reference page!

All of this feels like it belongs within Ferrell’s entertaining wheelhouse. Close examination of his B-R page reveals a little surprise, however:

wfb-rWho knew Cincinnati held Norm’s rights to begin with? Maybe it has something to do with the Marge Schott joke he made on Weekend Update nineteen years ago, forever “preserved” on this broken NBC.com video? Baseball, like Norm, proves to be a continually unfolding mystery of the most enjoyable variety.

ALDLAND Podcast

There hasn’t been much going on in sports lately but that does not mean that ALDLAND doesn’t have things to talk about. We talk peeing on graves, we talk invading countries to take their sports stars, as well as more normal sports topics like soccer and baseball. It’s all here in the ALDLAND podcast.

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

San Jose wants to overturn baseball’s antitrust exemption (via Volokh Conspiracy)

federalleagueBetween 1913 and 1915, there was a third baseball league, the Federal League, competing with the two established organized leagues we already know, the National League and the American League. Players’ salaries skyrocketed, and the NL and AL ended up breaking up the FL by buying up some clubs and inducing others to leave the League. The sole remaining FL team, from Baltimore, sued the organized leagues and the National Commission, arguing that their action in breaking up the FL violated antitrust law.

In Federal Baseball Club of Baltimore, Inc. v.  National League of Professional Baseball Clubs (1922), the Supreme Court said it didn’t violate antitrust law. Justice Holmes, writing for a unanimous Court, said this didn’t fall within antitrust law because it wasn’t interstate commerce (and the presence of interstate commerce is expressly made necessary by the text of the Sherman Antitrust Act). Of course, this is contrary to many decades of later jurisprudence: there’s no way the Supreme Court would have decided this way if the case came up today.

But the Supreme Court reaffirmed its 1922 decision in a short 7-2 per curiam in Toolson v. New York Yankees (1953), saying if baseball’s exemption was wrong, Congress should fix it.

In Flood v. Kuhn (1972), the Supreme Court reaffirmed Federal Baseball again.

Now San Jose wants to challenge the antitrust exemption again. San Jose claims that Major League Baseball has undermined the Oakland As’ desire to move to San Jose. Of course San Jose lost in district court, but the case is being fast-tracked to the Ninth Circuit, which . . . could hear it by May. . . . Interestingly, one of the possible grounds that the Ninth Circuit could use would be to read the baseball exemption narrowly, as limited to labor issues like the reserve clause — which is how the previous cases arose — and not applicable to issues here like restraints on relocation of teams. … Read More

(via Volokh Conspiracy)

ALDLAND Podcast

Baseball is back for a second straight week as Marcus and I react to the division series in both the American and National Leagues. Elsewhere, Jadaveon Clowney fails to escape the wrath of ALDLAND as we discuss his numerous “injuries”. Finally, picks and predictions for this week in college football.

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

Bay of Cigs: Playoff Prelude

The Tigers look to get their train back on the tracks in Oakland tonight in game one of their American League divisional series. Detroit will send twenty-game-winner, Cy Young frontrunner, and probable ocular unicorn Max Scherzer to the mound in a pitching matchup against [all the overweight and PED jokes] Bartolo Colon. The Tigers and A’s played each other pretty evenly this season, and Detroit had to face Oakland in last year’s playoffs. What I remember from that series is that Coco Crisp is ruthless. Oakland may not be a top-tier team, but they are a frightening playoff foe. Detroit’s strength right now is its starting pitching, and the team will need to rely heavily on its defense– keep an eye on Jhonny Peralta in left field, and recall that Atlanta’s decision to start a catcher in left field hurt them last night— until it can get its bats going again.

Tonight’s game starts at 9:37. Stay tuned here for details about a possible live blog for the game, and, as always, follow us @ALDLANDia for the latest and unfiltered greatest hot sports takes.

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Previously
Playoff Time – 9/30
Heeeeeere’s Jhonny?
– 9/12
Crime & Punishment – 8/7
Trader Jose(s) – 7/31
100 days of summer run distribution – 7/25
Are the Tigers the unluckiest team in baseball? – 6/28
Forget what you know
 – 6/25
History and Revision – 6/12
Tigers beat Braves 7-4 as part of series sweep of visiting Atlanta
 – 5/7
April in the D – 4/26
Jet Set (Sigh?)
 – 4/23
Run distribution, science, and the likelihood of a Detroit comeback – 4/15
WSJ throws a wet newspaper on the Tigers’ 2013 chances
 – 4/3
A Tiger is a Tiger is a Tiger – 3/29

The Departed – 3/14