[I]n other sports, the fans have compromised perfection for the sake of pace, abandoned the same idealized sport that Dryden laments. Instead, the virtue is not in perfection but in performance under duress. As games have sped up, decision-making time decreases, mistakes get made. On an episode of Effectively Wild a while back, Russell A. Carleton came to the same conclusion: that the pressures of a pitch clock could result in less prepared pitching. This in itself isn’t a problem; pitching under pressure, managing one’s mental energies toward the next pitch, would just become another trait, another way that some pitchers would excel. But the actual, visible product would be diminished, no longer an ideal.
These compromises get made all the time. Playoff structure is a good example: leagues have generally expanded playoff spots to increase drama, at the cost of victory being less representative of overall dominance. Player safety often requires some level of restriction over play. The cynicist can predict these conflicts by the resulting effect on league income, in the present or future tense; the cynicist would often be correct.
But when it comes to pace there’s something deeper at play than just speeding up a game (and why reducing ad times, beyond the obvious reason, was never on the table[).] It’s not so much that baseball is slowing down than that we are all speeding up. There are those who enjoy baseball for this very anachronistic feeling—I am among them—but we as a demographic are getting older.
Manfred’s task will not be changing baseball’s pace, which he could do with the click of a gold-plated pen. It will be to manage it, to foresee the unforeseeable consequences that accompany every rule change and evolution in sport. … Read More
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 to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:
Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, 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. The plaintiff 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 claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
Child abuse: Three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)
Rather than my own attempt at fashioning a nugget of faux-wisdom, the purpose of this Baseball Notes post is to highlight a number of articles posted elsewhere addressing current issues in the sport. Continue reading →
So why the need for another article? Because unaddressed remains the most curious question about the player option: Why has it become so popular? Put differently, what benefit does the structure provide for each side as an alternative (in most mega-deals) to just agreeing on more money? … Read More
The latest on Payne v. MLB, about which I previously wrote, is the subject of my most recent post at TechGraphs. The league has moved to dismiss the lawsuit, which seeks increased safety netting at ballparks. Separately, MLB Commissioner Rob Manfred has made public comments on the subject that suggest that changes may be coming next season.
I think what is special about this project is the scope of the project itself. It could geometrically change the economics of this particular franchise and really provide it with a great foundation for being competitive for a very long time.