The Redskins and The Slants: How an Asian American band name case may affect the Redskins trademark (via The Volokh Conspiracy)

A federal district court today upheld the Trademark Trial and Appeal Board’s cancellation of the Redskins mark. A federal statute bars registrations of marks that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute”; the district court agreed that the Redskins fell within this prohibition. This decision doesn’t bar the Redskins from using their name, but it does reduce their ability to use trademark law to stop various infringing Redskins gear.

The analysis strikes me as unpersuasive: I don’t think that historically trademarks have been used to “communicate[] messages from the [government].” I don’t think “the publicly closely associates [trademarks] with the [government].” And while the government does have and does exercise some control over which trademarks are allowed, I don’t think that this itself can suffice to justify viewpoint discrimination, since in all viewpoint-discriminatory programs (including ones the Court has condemned), the whole dispute was about the fact that the government was trying to exercise control about what speech is allowed.

Instead, it seems to me that trademark law is much closer to the programs in which viewpoint discrimination is forbidden . . . . The special government-provided benefits given to trademark owners — or copyright owners — are similarly private speech, despite the government involvement, and the government shouldn’t selectively deny those benefits to speakers who have certain views. … Read More

(via The Volokh Conspiracy)

When do baseball teams score runs?

baseballline

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

Max Scherzer scouting report (backup catcher ed.)

My first post over at Banished to the Pen, a new baseball blog, takes a very serious look at a rumor of debatable seriousness: that the Texas Rangers considered adding Max Scherzer as a backup catcher before he signed as a starting pitcher for the Washington Nationals.

The full post is available here.

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.

_______________________________

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

Flying Tigers: Waiting for Takeoff

A month into the season, the Detroit Tigers sit atop the tightly bunched AL Central with a tenuous 12-9 record. The team, guided by first-time manager Brad Ausmus, looks and feels much different than it did over the last two years. Whether due to the change at the helm or a not-quite-coherent set of offseason moves, the 2014 Tigers appear to have traded identity for tactics and strategy. Thus begins Flying Tigers,* our third Detroit baseball series.

__________________________________________________________

When Jim Leyland announced his retirement following the end of the 2013 season, we knew Motor City baseball would be different in 2014, but we didn’t realize just how different it would be.     Continue reading

Upton Abbey – S2E1 – April Showers

upton abbey banner

As planned, ALDLAND conducted a show of force during the Braves’ home-opening week, making our presence felt during game three of each series, which were played against the Mets and Nationals.

mets-braves 4-10-14

Although Atlanta lost that game and the series to the Mets that Thursday night, the game was a sign of things to come for the Braves. Continue reading

Upton Abbey: Season Two Preview

upton abbey banner

Upton Abbey is our Atlanta Braves series, now in its second season. B.J. and Justin Upton are off to rough starts, but overall, the state of Upton Abbey is strong. Tune in all season long right here on ALDLAND.

The Braves are opening at home this week with series against division foes New York and Washington. They started the season on the road in Milwaukee and Washington, going 4-2 on that trip, dropping just one game in each city.

Atlanta’s young, ascendant starting pitchers were the story heading into the season. That talent vanished with still-shocking swiftness, duplicate round-two Tommy John surgeries, and other injuries clearing out the bulk of the rotation. Still, the remaining starters, led by Julio Teheran and Alex Wood, have looked pretty good so far. Craig Kimbrel remains the best closer in the game, so that’s something that will help reassure a young, trembling group of starters. Reliever Luis Avilan’s hamstring injury, suffered this week, is cause for concern, but you’re getting the theme pretty clearly at this point.

The main non-injury offseason personnel event was the departure of free agent catcher Brian McCann to the Yankees. While the still-raw Evan Gattis (and the wily Gerald Laird) may be able to replace some of McCann’s hitting, we should pause here to note the likely dropoff when it comes to the glove. From 2008-13, McCann was the best catcher in baseball in terms of pitch framing; Laird and fellow Braves backup catcher Ryan Doumit were among the ten worst over that period.

______________________________________________________________

ALDLAND will be at Turner Field for two games this week. Tonight, Commodawg and AD will catch the rubber match in this opening series with the Mets. On Sunday, Physguy comes to town to join AD for the third game of the Nationals series. Stay tuned here and on twitter for the freshest insights and hottest updates.

______________________________________________________________

Related
Preseason BP Nuggets
A Boy, His Granddad and the Monumental Courage of Henry Aaron (via The Bitter Southerner)

Baseball Notes: Lineup Protection
From Barves to Burbs: What’s Happening to Baseball in Atlanta?

Mike Shanahan channels Brady Hoke, Falcons hang on to win 27-26

redskins-falcons 2013As reported, I was on hand to watch the Falcons host the Redskins (Monuments?) yesterday afternoon, and it was everything you’d hope a late-season pairing of three-win teams would be. Atlanta’s offense was boring but effective in the first half, relying primarily on Steven Jackson, back in action after an early season injury, and Tony Gonzales, who in the second half became just the fifth NFL player ever to tally 15,000 receiving yards. On the other side of the ball, Kirk Cousins’ performance was a mixed bag. Against Atlanta’s soft defense, Cousins posted better passing numbers than Robert Griffin III– spotted wearing warmups on the sideline– has this season, but a couple of interceptions proved costly. Washington nevertheless was in a position to take the game to overtime, or win it outright, thanks to a late touchdown that ran the score to 27-26. Opting to go for the regulation kill on the road, Mike Shanahan made like Brady Hoke and called for the two-point conversion, which failed. Atlanta recovered the sloppy onside kick to seal the one-point win.

Having read about far more NFL games than I’ve attended, the game experience was a bit odd. Even taking into account Atlanta fans’ reputation for lacking a feverish commitment to their teams, the vibe was beyond mellow in the Georgia Dome on Sunday. The noise level was somewhere between a Braves game and the Masters. One fan in our section who caught a free t-shirt used it as a pillow to rest. Another took a nap without similar support. And these weren’t alcohol-induced rests– the only even semi-drunk person we saw was a mom indulging in too much smuggled adult fruit punch– it really was that quiet. Our entire row, and most of our section, including the man pictured above who stood with his back to the field and wouldn’t get out of my picture even though I didn’t ask him to, left before the end of the third quarter, when the Falcons led by only four.

We didn’t find any of this upsetting, and our people-watching experience was further enhanced by the skilled camera operators feeding the nice video boards with fun fan shots. (The ushers probably could stand to lighten up a bit, though. 3-9 vs. 3-9 in December deserves a lighter touch from the regulatory folks.)

falcons-redskins 2 Continue reading

ALDLAND goes live to Redskins-Falcons

The biggest NFL story of the past week is Washington head-coach-for-the-moment Mike Shanahan’s decision to bench healthy starter Robert Griffin III in favor of backup quarterback Kirk Cousins. The Redskins are in Atlanta to play the Falcons today at 1:00, and ALDLAND will be there. I am excited to take in my first NFL game since a few Lions games at the Silverdome in the early 1990s. Most Falcons fans are hoping their team will lose out so as to ensure a high draft pick (Jadaveon Clowney is their preference), but I’d like to experience a home victory. I also am looking forward to seeing MSU-grad Cousins in action. I don’t know whether some or any of Cousins, Griffin, or Shanahan will be in Washington next season, but Cousins has a big professional opportunity to make the case that he deserves to be an NFL starter next year.

Stay tuned here and on twitter for updates from downtown Atlanta this afternoon.