Sports Law Roundup – 12/16/2016

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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:

  • 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.

Yes, the Cardinals hack was a federal crime (via The Volokh Conspiracy)

According to press reports, front-office personnel of the St. Louis Cardinals used a guessed password to gain access to a private database of player information held by the Houston Astros. Over at ESPN, legal analyst Lester Munson makes the startling claim that this may not be a crime . . . . This is just wrong. … Read More

(via The Volokh Conspiracy)

When do baseball teams score runs?

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One of the marks of a smart baseball writer is the ability to sense a trend, research its existence and nature, place her findings in context, and present her conclusions in a way that meaningfully educates readers. Inherent in this ability is the wherewithal to know when to stop researching a trend or pressing on a concept, realizing that the fruits of the work have been or soon will be exhausted. Sometimes a person who is not a “smart baseball writer” by the foregoing definition will noodle about on an idea for so long, he’ll end up with a small pile of research that no longer has any bearing on any meaningful conclusions.

Two years ago, I decided to investigate a hunch that the Detroit Tigers were having trouble scoring runs late in games. My initial research mostly seemed to support my hypothesis, and a follow-up look appeared to confirm it more strongly. More than merely interesting (and fleetingly self-satisfying), it also was informatively concerning, because it placed the team’s well-known bullpen problems in a more nuanced light: relief-pitching woes alone weren’t the problem, because the lack of late-game scoring was compounding the problem of surrendering leads during the final frames. As strange as it seemed, the Tigers had interrelated shortcomings on both sides of the plate.

One comment I received in the course of sharing those findings stuck with me: I needed to place this information in context. After all, there are plausible reasons to believe that all teams might, perhaps to varying extents, experience decreased run production in the late innings.

And so it was that, two years later, I finally discovered Retrosheet, a site that compiles inning-by-inning scoring data to a more useful degree than the resources I’d utilized back in 2013. What follows are two graphs of the inning-by-inning scoring of sixteen teams for the 2014 season. Continue reading

The yard sale at Upton Abbey continues

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It’s been a while– too long– since the last dispatch from Upton Abbey, but today’s news commands an update.

The Braves’ offseason has been one filled with departures. First, they allowed a number of their free-agent pitchers– Ervin Santana, Kris Medlen, and Brandon Beachy, among others– to walk, along with role player Tommy La Stella (via trade). Then came the biggest move of all: Atlanta traded Jason Heyward, its best player and a fan favorite by virtue of his abilities and history in the Braves’ farm system, to the hated Cardinals for some mystery meat.

Now Justin Upton is departing for San Diego, the latest of the Padres’ marquee offseason acquisitions. In exchange for the younger Upton, who is heading into the last year of his contract, the Braves will receive four minor leaguers, including Max Fried, which sounds like a selection on the Popeye’s menu but actually is just a twenty-year-old pitcher who’s already had Tommy John surgery, and something called Mallex Smith. If you can stomach that sort of writing, here are scouting reports on these prospects.

Braves fans can be forgiven for feeling like they’ve been whipsawed. After competing for a playoff spot two years ago and combining the high-profile acquisition of the Upton brothers with contract extensions for most of their infield, it looked like Atlanta was really building something.

As it turns out, the Braves are building something, but it isn’t a good baseball team. The construction of the new Cobb County stadium– much reviled in these e-pages— is the lens through which these moves can be understood. It now is clear that new general manager John Hart has his marching orders: deliver a team that will be competitive in 2017, the year the new park opens. “And not a moment sooner,” fans might add.

There’s nothing wrong with rebuilding. Every team not named the Yankees and (now) the Dodgers has to do it from time to time. What’s likely to trouble baseball fans in Atlanta is the sudden downshift into rebuilding mode apparently for the sole purpose of optics: the Braves organization wants to unveil its new– and, again, controversial and probably illegal– park with a competitive, if unrecognizable, team on the field. The timing was off. The best way to arrive in 2017 with a good team is to sell off your assets that are valuable in 2014. Expect to see Craig Kimbrel traded during the 2015 season. That’s what’s happening now.

Were the Braves of 2013-14 world-beaters? Obviously not, and the 2014 season exposed flaws that everybody chose to pretend didn’t also exist in 2013. But there was a framework there. The team didn’t cry out to be blown up. My strong suspicion is that it wouldn’t have been, even with a new GM in place, absent the construction of the new park. And that’s a stupid reason to hit the restart button.

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

Preseason BP Nuggets

bpro-oscarAs mentioned, this is my first season reading the Baseball Prospectus annual, and as those around me this spring have noticed, it’s full of numbers. Numbers are okay, but without analysis or interpretation, it can be a bit like reading the backs of a bunch of really comprehensive baseball cards (that also happen to include some sophisticated projections for the season ahead). There’s nothing wrong with numbers, but they don’t tend to make for very exciting reading on a site like this. Instead of asking you to widen your eyes along with me at the number of home runs Chris Davis is projected to hit this year (thirty, down from his Triple-Crown-repeat-spoiling fifty-three in 2013), I’ve tried to extract a few nuggets of information from the weeds of the raw data that will make watching baseball this season just a little bit more enjoyable.      Continue reading

ALDLAND Podcast

The World Series is here and the ALDLAND Podcast is here to talk about it. Boston . . . St. Louis . . . playing baseball. What more could you want? College football, of course, and there’s plenty of that as your favorite cohosts preview all the interesting week 9 matchups.

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

ALDLAND Podcast

No World Series preview . . . yet, but Marcus and I are happy to share our thoughts on the ALCS and NLCS so far. We also touch on Ndamukong Suh’s latest fine, as well as all of the college football picks you could ever want.

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

ALDLAND Podcast

The ALDLAND podcast finally gets around to some non-college football topics. MLB playoffs and NFL are both on the menu this week, as we make our picks for the World Series and recap the first quarter of the NFL season. But don’t worry if college football is your thing, since we obviously can’t go a week without discussing that either.

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

Tuesday Afternoon Inside Linebacker

tailALDLAND’s weekly football roundup is back following week three of college football and week two of the NFL.

College Football

Pregame:

  • I caught snippets of ESPN College Gameday and Fox Sports 1’s college football pregame shows. Gameday remains the leader of the pack, but I’d like more time to see how FS1’s show develops. In the meantime, I’ll join FS1’s Joel Klatt in sending good wishes to the folks in Colorado dealing with major flooding right now.

The games — excitement building:

  • With a couple East Carolina fans in town, we watched the Pirates hang with Virginia Tech for about three quarters. The Hokies did all they could, including badly missing a bunch of close kicks, to hand ECU the game. Frank Beamer looked like he wanted to puke, but his team managed to hold it together in the end. Virginia Tech 15, East Carolina 10.
  • We were flipping between that game and UCLA-Nebraska. When I first checked in on this one, Nebraska had a 21-3 lead, and it looked like the best early game of the day would not materialize into a competitive affair. That turned out to be sort of true, but not in the way I expected. UCLA scored thirty-eight unanswered points to beat the now-mythological blackshirt defense in Lincoln 41-21.
  • The game of the day belonged to Alabama and Texas A&M, and it lived up to the hype. Johnny Manziel and the Aggies started very hot, jumping out to a 14-0 lead and choking the Tide’s early drives. A&M scored touchdowns on its first two drives, which averaged 71.5 yards and 2:06 off the clock. Alabama responded, though, methodically amassing thirty-five temporarily unanswered points and carried a 42-21 lead into the fourth quarter. The Aggie defense had yielded to The System, but Manziel wasn’t through, although twenty-one fourth-quarter points wouldn’t be enough to top Alabama. The Crimson Tide remain undefeated, winning 49-42, but Manziel unequivocally proved that he is must-see football every time he plays, and his cohort, receiver Mike Evans, deserves some credit too.     Continue reading