Redskins’ Name Issue Supported by Federal Courts, Again in the News

This article is especially important now that this issue is in the news. It’s message correctly describes the term “Redskins” as relating only to the football team of that name and to no ethnic population.

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Redskins Trademark Case.

    
    The most interesting trademark case in sports involved the NFL Washington Redskins and that same issue is suddenly on the front page in 2013. In 1995, the Trademark Trial and Appeals Board (“T.T.A.B.”) canceled the six variations of “The Redskins” that had been filed on various occasions up to thirty years before. The basis for the cancellation was that the marks “ may disparage Native Americans or “bring them into contempt, or disrepute.” Harjo v. Pro-Football, Inc, 50 U.S.P.Q.2d 1705, 1749 (T.T.A.B. 1999) (“Harjo II”).  The appeal was heard in the United States District Court for the District of Columbia by Judge Colleen Kollar-Kotelly.  The Judge is careful to indicate that her decision does not settle the issue of whether those trademarks are disparaging but only decides the legal sufficiency of the TTAB’s decision and whether a laches (too much delay) defense is appropriate…

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Playoffs Mean War, Baseball at Its Best

Yesterday I lamented the one sided games that had dominated the playoffs to that point. Last night saw a flurry of heated, competitive, last gasp wins that showed baseball at its best. The best is where games are determined by a hit, pitch or catch that wins or saves a game in the last innings. These games are the Fifth Games that determine championships. See “Fifth Game Theory” here.
The first of these games was St. Louis 2-1 win at Pittsburgh. Rookie pitcher Michael Wacha took a no hitter into the eighth inning where the Pirates scored their lone run on their only hit, a homerun by Pedro Alvarez.. St. Louis had scored two on a Matt Holiday homer in the sixth. The Cardinals made the pitches and plays in the field, scored enough and the Pirates failed to do so. The last out was on a fly ball to center by Andrew McCutchen, the Pirates best player, who said “I wish it got more of the barrel (of the bat).” Such is the way Fifth Games are decided. He took his swing and just missed, and his team lost

The next such game was in Tampa Bay where the Rays beat the Red Sox 5-4 on a walk-off homerun, and this one had an incredible twist involving the DH rule.  The game was tied through seven innings at 3-3, when the Rays scored their fourth run, setting up the incredible ninth. The eighth had its incredible moments as well. It started with a walk to James Loney who was replaced by Sam Fuld, the fellow who stole a run against Cleveland this week. Desmond Morriss then bunted the ball (not a sacrifice as he was bunting for a hit) that was fielded by the pitcher Morales. As the first baseman had also tried to field the ball, no one was covering first and Morriss beat Morales to the bag. Two on, no outs.  Matt Joyce then popped up his attempted sacrifice bunt in foul territory and Red Sox catcher Matt Saltalamachia made a sliding catch behind homeplate. Two on, one out.  Yunel Escobar then singled up the middle on a ball fielded by Stephen Drew who could not make a play on it. Bases loaded, one out, and the ball has not yet left the infield!! Delmon Young then hit a ground ball to short and was thrown out as the runner on third scored. That runner had reached base on a lead off walk. The next batter flied out. 4-3 Rays, ninth innning.

The Red Sox lead off hitter was walked by close Fernando Rodney. Walking the lead off hitter is a cardinal sin in baseball and it happened twice here and both runners scored.  Jacoby Ellsbury then blooped the ball over third. Two on, no outs. The next batter, sacrificed the runners to second and third. Dustin Pedroia then drove in the tying run on a grounder to short. One on, two out, game tied. Then Jacoby Ellsbury stole third but Mike Carp was called out on strikes.

In the bottom of the ninth the first two batters made outs so up comes Jose Lobaton. He was in the game because of a subtley in the Designated Hitter rule. Will Myer had injured himself striking out in the seventh. The rule says that if a DH enters the game in a defensive position, the DH is lost for the rest of the game. This prevents managers from substituting players in and out of the DH slot during a game. The best substitute was DH Matt Joyce who entered the game in right field, eliminated the DH. There was the a double switch and Lobaton entered the game as catcher batting fifth, Myers’ slot. He hit a homerun on a 0-1 pitch to win the game. Such is the stuff of Fifth Game baseball. The Rays and Red Sox play tonight in St. Petersburgh. The Red Sox lead 2-1.

The third incredible game of the night was in Los Angeles where the Dodgers won the series on an eighth inning, two run homerun by Juan Uribe.
The Braves had taken the lead in the seventh on a triple by Elliott Johnson and a single  by Jose Constanza. Again, a magical Fifth Game.

The other game was an A’s 6-3 victory over the Tigers to take a 2-1 lead in the series that continues in Detroit today. 

The three games described above were played in the best baseball tradition, Fifth Game victories.  Those games came down to a hit made, a ball missed, and the other small events that determine baseball games that are bitterly contested. There will be more such games in this playoff season, stay tuned and pay attention.

MLB Playoffs: Excitement in the Last Innings

The fabulous Wild Card race has given way to a somnambulistic Division Series. The scores of the games, without team names, tells the story. 9 -1, 7-1, 12-2, 7-4, 6-1, 13-6, but the other games give me hope that games will be fought to the last out going forward as four games of the ten played qualify as the epitome of baseball games, the “Fifth Game.” See Fifth Game Theory here .  That theory says that one game in five is a Fifth Game and here we have four of ten as Fifth Games. The teams playing here are the masters of Fifth Games, so this is not surprising.

The contested games in this Division Series started with Detroit scoring three in the first inning and holding on, per Max Scherzer, to three hit the A’s who scored two in the 7th in Oakland on a Yoenis Cespedes homerun. One run short; fifth game stuff. Oakland came back in the next game with a perfect Fifth Game victory 1-0 over Detroit, scoring the one run in the bottom of the ninth. Yoenis Cespedes opened the inning with a single, Seth Smith then singled, Josh Reddick was walked intentionally, and Stephen Vogt singled to win the game. The starting pitchers in that game were Justin Verlander and Sonny Gray (Oakland) who were superb as it was the first time in Playoff history where both pitchers had nine strikeouts and no runs scored.

The Pirates 5-3 win over the Cardinals in game three was a fifth game victory as the winning runs were scored in the eighth inning after St. Louis tied it on a homerun in the top of the inning.

In the second game in Atlanta, the Braves scored two in the seventh to go ahead 4-1, the Dodgers scored twice in the top of the eighth to make it 4-3. In classic Fifth Game style, Atlanta made four defensive changes and brought in a new pitcher to start the inning and changed pitchers again after Hanley Ramirez hit a two run homerun and Yasiel Puig struck out. In the top of the ninth for the Dodgers, after a strike out, A.J. Ellis walked, Dee Gordon pinch ran and was thrown out trying to steal while pinch hitter Andre Eithier was at bat, he ultimately walked and was replace by pinch runner, Scott Van Slyke, but Carl Crawford struck out.  A great game and well played Fifth Game.

I pay attention to Fifth Games. Embrace the theory and you will understand a season and enjoy it well. This theory, by the way, allows Tampa Bay to accept their two losses to the Red Sox as not being Fifth Games. They were never going to win those two in Fenway anyway.  Alex Cobb will pitch for the Rays and he was 7-0 at home this year.

I only want four five game series in the Divisional Series, and seven gamers in the League Championship and World Series. Tag’em.

  

Alex Rodriguez Sues Bud Selig, Updated

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Alex Rodriguez Sues Bud Selig, Updated

Alex Rodriguez has filed new law suits in New York State Court. The first suit names Bud Selig, MLB, and the Office of Commissioner and the claims made are numerous and suggest a pattern of conduct that is troubling if true.  A second suit was filed againsst the Yankees’ doctor and a hospital for mis-diagnosing a hip injury in 2012.  I will not consider that suit in this article.

The main case, Alexander Emmanuel Rodriguez, plaintiff v. Major League Baseball, Office of Commissioner of Major League Baseball, and Allan Huber “Bud” Selig, defendants, was filed in the County of New York on October 3, 2013.  My cursory examination of the case reveals that it is an attack on Bud Selig’s tenure as Commissioner. It says Selig condoned illegal drug use when it was useful to him and then was against it when that position was deemed beneficial.  In Section B of the law suit, (page 6), the heading is The Disastrous Tenure of Commissioner Selig. The suit describes the collusion scandal, the PES scandals, the Mitchell Report alledging lack of supervision and failure to see early warning signs of drug use. It then states that the Rodriguez case, indeed the entire Biogenesis case, is an effort by Selig to reinvent himself and create the myth of his being the savior of baseball.  Selig has announced his retirement in 2014.

Lester Munson at ESPN has besmirched the law suit as being insubstantial because of the tortious interference claim. Munson claims tortious internference is the least of the tort claims. I don’t know where he gets his advice, but it is very different from my experience that makes a tortious interfernce claim very real and dangerous for the defendant.

There will be a lot of information about this case, but it is very dangerous for Baseball and for Bud Selig. The outcome will be based on the evidence Plaintiff has, and, from what I have read today, they have done a lot of homework.

Update: The first issue to be decided in this case is whether the court has jurisdiction over the matter or whether the Grievance Procedure in the collectively bargained agreement controls. If the later is the case, Rodriguez must follow that course.

The Significance of This MLB Playoff Season

The Pittsburgh Pirates beat the Cincinnati Reds in the one game that determined the NL Wild Card last night. It was an easy game for the Pirates. What occurred to me as the game unfolded that the oldest professional baseball team, the CIncinnati Reds (nee Redlegs or Red Stockings) was playing an original National League team. The league was formed in 1876. From there, it occurred to me that every team, except the Tampa Bay Rays, in the playoffs this year was an original team either from the original National League or the ‘upstart’ American League, formed in 1901.

The Detroit TIgers, Boston Red Sox, Pittsburgh Pirates, Cleveland Indians, and St. Louis Cardinals are in their original cities. The Cardinals actually became the Cardinals later. The Atlanta Braves started as the Boston Beaneaters, Red Stockings, and then Braves, moved to Milwaukee in 1955, and Atlanta in 1966. The Oakland Athletics started as the Philadelphia Athletics, moved to Kansas City in 1955, then to Oakland in 1968.  The Brooklyn Dodgers, (nee the Trolley Dodgers) moved to LA in 1957. (It is curious that LA’s two top teams are named after Brooklyn trolley dodging and Minneapolis Lakes.)

There is an additional aspect to these playoffs that is of importance as well. The Cardinals, Pirates, Athletics, Rays, and Indians are all small market teams with low payrolls compared to the much more afluent Yankees, White Sox, Giants, Cubs, Angels, Astros, Rangers, Phillies, and Nationals. The Cubs and White Sox, two original teams, finished last in their divisions, by the way.

The provenance of the teams may be only a historical anomaly, but the small market teams victories, and I must add the expansion Tampa Bay Rays to this mix, are there because of the exquisite way they play baseball, from the scouting of amatuer players to finesse baserunning in the playoffs (Tampa’s Fuld stole a run in Texas Monday night).

This indicates the precision these teams give to the operation of their teams. Much has been said about sabermetrics, that computer generated analysis of everything that occurs on a baseball field, and all teams engage in some sort of sabermetric analysis, but it is the scouting and player development they engage in that makes them successful. The Cardinals and Rays are prime examples of this and the play of those teams shows great discipline, energy and thought to the way they play the game. Among these disciplines is the act of throwing first pitch strikes. A small thing you may think, but getting pitchers to do it is daunting, but the Cardinals and Rays do it. Also, these teams catch and throw the ball with precision. This takes skill and discipline, but that’s how you win pennants.

The Indians and Rays play for the AL WIld Card tonight and then the real playoffs begin. Watch to see who plays the game correctly.

Netanyahu’s Speech at the UN Is Very Important.

Scott Johnson at Powerlineblog.com posted an excerpt of Benjamin Natanyahu’s speech at the UN last week.  The excerpt is posted Here; and describes the long history of the Jewish people in their ancestral homeland, Israel. He continues by describing the 2500 year history of Persian friendship toward the Jewish people:

Some 2500 years ago, the great Persian King Cyrus ended the Babylonian exile of the Jewish people. He issued a famous edict in which he proclaimed the right of the Jews to return to the Land of Israel and rebuild the Jewish Temple in Jerusalem. That’s a Persian decree, and thus began a historic friendship between the Jews and the Persians that lasted until modern times.

He goes on to describe the soured and dangerous relationship with the radical Islamists in Teheran starting in 1979: 

But in 1979, a radical regime in Tehran tried to stamp out that friendship. As it was busy crushing the Iranian people’s hopes for democracy, it also led wild chants of “Death to the Jews!” Now, since that time, Presidents of Iran have come and gone. Some presidents were considered moderates, others hardliners. But they’ve all served that same unforgiving creed, that same unforgetting regime – that creed that is espoused and enforced by the real power in Iran, the dictator known in Iran as the Supreme Leader, first Ayatollah Khomeini and now Ayatollah Khamenei. President Rouhani, like the presidents who came before him is a loyal servant of the regime. He was one of only six candidates the regime permitted to run for office. Nearly 700 other candidates were rejected.

This article, which contains links to Rouhani’s and Obama’s speeches as well, is an important read. 

Tampa Bay Wins In Texas

The 2013 MLB regular season ended last night when Tampa Bay won in Texas. The game was to determine the second wild card team that will play the Cleveland Indians on Wednesday in Cleveland for the wild card that then plays in the Division Series. Tampa Bay and Texas were tied after the 162nd game necessitating the 163rd game.

The game was determined by Cy Young winner David Price’s superb pitching in this complete game victory. Tampa Bay hitting was timely, as well, with Evan Longoria hitting a two run homerun, and baserunning superior as Centerfielder Fuld stole a run by stealing third while the pitcher was still holding the ball! Fuld was on second when he noticed that the pitcher took a very wide stance while getting the sign from the catcher and would have to step, back, off the rubber, further extending his stance, and putting him into a very awkward position to throw to third. The throw was errant and Fuld got up from his slide and scored a very important fifth run. It was my favorite play of the game.

Texas had the misfortune of having its balls hit to fielders or fall just short of the outfield fence. It is a game of inches, by the way. It benefited from a missed call on an outfield play where its centerfielder trapped a ball that was called an out by the umpire, saving a run. Next year that play will be reviewed by the umpires.

The playoffs start today in Pittsburgh with the Pirates playing the Reds, then the Rays play the Indians in Cleveland Wednesday. This will be a fun run and I look forward to it.

For the full Playoff Schedule look here.

NHL Announces Hybrid Icing Rule

Thw NHL has announced the adoption of a new Hybrid Icing Rule that is effective immediately. The text of the rule is here. The rule allows the linesman to anticipate icing by calling icing when it is probable that a defensive player will reach the iced puck first. It will be called when the defensive player is ahead in the race to the puck when it is at the face off dots heading toward the goal line. If an attacker is leading at that point, no icing will be callled, if the skaters are tied at that point, icing will also be called.

This last element shows the policy behind the rule. It is to avoid having tied players battling for the puck and crashing into the boards, thus avoiding injuries that have occured during such events. The Players’ Association, (NHLPA) approved the rule change yesterday and it was announced by NHL Deputy Commissioner Bill Daly soon after. The rule was used in the American Hockey League last season and was deemed beneficial.

MLB Playoffs: Tampa Bay at Texas, Winner to Cleveland and Cincinnati at Pittsburgh

The convoluted American League playoff scheme that could have occured had Cleveland lost yesterday did not occur as the Twins gave it to the Indians. However, Tampa Bay and Texas both won. They play one game to settle the issue today in Texas. Both teams will start left handers, David Price (9-8, 3.39) for the Rays and Martin Perez (10-5, 3.55) for Texas. “We’ll have to watch this one to see who wins,” said Nancy Pelosi, while lamenting the Giants (76-86) poor season.  Of course, the issue that will be settled today is just about who plays in the real Wild Card game in Cleveland on Wednesday.

If I were to hazard a opinion, I would give the edge to the Rangers based entirely on Joe Nathan, its closer. We’ll see.

The Pirates play the Reds tomorrow in Pittsburgh. The Reds will start Johnny Cueto (5-2, 2.82) and the Pirates will start Francisco Liriano (16-8, 3.02). Again, if I were going to hazard a guess here, I would flip a coin. (The flip just said Pittsburgh)

Where I have been focused on these wild card games,  the real fun starts with the Divisional Series, schedule here.

Some years ago, I was involved in discussions of playoff formats as the expansion of the major leagues would cause a change in league alignments and the force the creation of divisions. This is so no team would finish 12th (or now 15th) in the standings and more pennant races equals more local interest.

The creation of divisions, first East and West and then to East, West, Central, created the need for a WIld Card. or the non winning team with the highest winning percentage, so that two series could be played. That lead to the creation of a second wild card because Fox wanted another game.

The discussion I was involved in focused on who should play in the World Series. Some thought that the true league champions should play there and those were the two teams at the top of each league. The creation of divisions ended that argument, but now we have second wild cards eligible for the World Series. Maybe we have gone too far, but the money generated by broadcasts of extra games means this is permanent. The problem is that the extra games pushes the World Series into the second half of October. It is scheduled to end on October 31 this year and that is too far into the Fall to hold national interest as each sports league has its natural season and baseball games in late October just don’t work as well. World Series TV ratings illustrate this fact.

Nevertheless, I will watch them all as it is the greatest championship series of all, even though it may not reward the True league champions