Why Energy Companies Should Practice Their Crisis Communications Plan©
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The Astros' Sign-Stealing Scandal
The Astros’ Sign-Stealing Scandal Major League Baseball (MLB) fosters an extremely competitive environment. Tens of millions of dollars in salary (and endorsements) can hang in the balance, depending on whether a player performs well or poorly. Likewise, hundreds of millions of dollars of value are at stake for the owners as teams vie for World Series glory. Plus, fans, players and owners just want their team to win. And everyone hates to lose! It is no surprise, then, that the history of big-time baseball is dotted with cheating scandals ranging from the Black Sox scandal of 1919 (“Say it ain’t so, Joe!”), to Gaylord Perry’s spitter, to the corked bats of Albert Belle and Sammy Sosa, to the widespread use of performance enhancing drugs (PEDs) in the 1990s and early 2000s. Now, the Houston Astros have joined this inglorious list. Catchers signal to pitchers which type of pitch to throw, typically by holding down a certain number of fingers on their non-gloved hand between their legs as they crouch behind the plate. It is typically not as simple as just one finger for a fastball and two for a curve, but not a lot more complicated than that. In September 2016, an Astros intern named Derek Vigoa gave a PowerPoint presentation to general manager Jeff Luhnow that featured an Excel-based application that was programmed with an algorithm. The algorithm was designed to (and could) decode the pitching signs that opposing teams’ catchers flashed to their pitchers. The Astros called it “Codebreaker.” One Astros employee referred to the sign- stealing system that evolved as the “dark arts.”1 MLB rules allowed a runner standing on second base to steal signs and relay them to the batter, but the MLB rules strictly forbade using electronic means to decipher signs. -
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The Boston Red Sox Friday, November 15, 2019 * The Boston Globe Xander Bogaerts finishes fifth in American League MVP race Julian McWilliams Xander Bogaerts finished fifth in American League MVP Award voting, the highest of his career. The Red Sox shortstop was 13th in 2013. Bogaerts hit .309 with a career-high 33 homers and 117 RBIs. Bogaerts tied Nomar Garciaparra for the most extra-base hits in a season by a Red Sox shortstop (85). Garciaparra did it in 1997 and 2002. Bogaerts’s 117 RBIs were the most in a season by a Red Sox shortstop since Garciaparra had 120 in 2002. Bogaerts was just the third shortstop in MLB history with at least a .300 batting average, 85 extra-base hits, and 115-plus RBIs. The others are Alex Rodriguez, in 1996 with the Mariners and 2001 and 2002 with the Texas, and Garciaparra. Bogaerts finished behind the Yankees’ DJ LeMahieu, who pulled in 10 fourth-place votes to Bogaerts’s six. Mookie Betts was eighth, Rafael Devers 12th, and J.D. Martinez was tied for 21st in AL voting. MLB speaks with Alex Cora as it investigates Astros’ sign-stealing Peter Abraham and Alex Speier SCOTTSDALE, Ariz. — Red Sox manager Alex Cora is one of the key figures into Major League Baseball’s investigation of the Houston Astros, an appraisal that goes beyond charges of sign stealing in 2017. Cora, who was bench coach of the Astros in 2017, has spoken to officials charged with determining to what degree Houston flouted rules against using cameras to pick up signs from opposing catchers. -
Stolen Signs to Stolen Wins?
Venkataraman and Bozzella 1 Devan Venkataraman & Nathaniel Bozzella EC 107 Empirical Project Sergio Turner 12/20/20 Stolen Signs to Stolen Wins? The Trash Can Banging Scandal Heard ‘Round the World Question To what extent, and in what ways, was the Houston Astros cheating scandal in the 2017 season effective in improving team performance? Introduction For the majority of the 2010’s, the Houston Astros were a very middle of the pack team. From 2010-2014, the team did not finish higher than 4th in their division. For most of their history, the Houston Astros participated in the National League Central Division, up until the 2013 season. Since the 2013 season, the Astros have competed in the American League West Division, where they have seen much more success. In 2011, the Astros, one of the worst teams in baseball with a record of 56-106, were sold to Jim Crane where he moved on from ex-GM Ed Wade, and hired Jeff Luhnow two days after the sale. While Ed Wade made some good decisions: debuting Jose Altuve in the 2011 season and drafting George Springer in the 2011 draft, his overall performance was not satisfactory for the new owner. The new GM, Jeff Luhnow, made some notable decisions as well, drafting Carlos Correa in the 2012 draft (debuting him in 2015) and drafting Alex Bregman in the 2015 draft (debuting him in the 2017 season). After another few unsuccessful seasons with records of 55-107, 51-111, and 70-92 in the 2012-2014 seasons, Jeff Luhnow decided to fire the current manager of the team, whom he had a Venkataraman and Bozzella 2 falling out with towards the end of the 2014 season. -
How Scansis Functions: Lessons from the Houston Astros Sign-Stealing Crisis
Relevant Rhetoric, Vol. 12 (2021): How Scansis Functions How Scansis Functions: Lessons from the Houston Astros Sign-Stealing Crisis Karen L. Hartman LeAnne W. Woods Associate Professor Graduate Student Idaho State University Idaho State University [email protected] [email protected] Relevant Rhetoric, Vol. 12 (2021): How Scansis Functions On January 13, 2020 Major League Baseball (MLB) Commissioner, Robert D. Manfred Jr., released investigation findings confirming that the Houston Astros illegally used a video camera system to electronically steal signs during the 2017 regular season and postseason, in which they won the World Series, and early in the 2018 regular season. The findings exposed what has been referred to as “one of the biggest scandals in Major League Baseball history.”1 MLB eventually fined the organization $5 million and the Astros were forced to forfeit their first and second round draft picks in 2020 and 2021. The team’s owner, Jim Crane, also fired the general manager, Jeff Luhnow, and manager, A. J. Hinch. In this paper we analyze Major League Baseball’s Houston Astros organizational rhetoric and crisis response efforts after the organization was found guilty of cheating. Analysis spans from the beginning of the crisis on November 12, 2019 through March 12, 2020 and items analyzed include two Houston Astro press conferences and news stories published across 20 media outlets. By viewing the crisis as a “scansis,” a unique type of crisis and scandal characterized by moral outrage, the authors hope to further the -
Pine Tar and the Infield Fly Rule: an Umpire’S Perspective on the Hart-Dworkin Jurisprudential Debate
Pine Tar and the Infield Fly Rule: An Umpire’s Perspective on the Hart-Dworkin Jurisprudential Debate William D. Blake, Ph.D.1 Assistant Professor Department of Political Science Indiana University, Indianapolis (IUPUI) [email protected] Abstract: What is law? Though on its face this question seems simple, it remains an incredibly controversial one to legal theorists. One prominent jurisprudential debate of late occurred between H.L.A. Hart, a positivist, and Ronald Dworkin, an interpretivist. While positivism, at its core, holds the law is a set of authoritative commands, Dworkin rejects this reflexive approach and instructs judges to incorporate and advance communal norms and morals in their decisions. In baseball, umpires utilize both legal theories, depending on the type of rule they are asked to interpret or enforce. I conclude that, like umpires, most citizens are not dogmatic about either legal theory. 1 I wish to thank Justice George Nicholson of the California Court of Appeal for encouraging my participation at this Symposium. I am eternally grateful to former Major Leaguer Jim Abbott for taking the time to respond to my questions. Finally, to the 13 year-old pitcher whom I discuss in this paper: your courage and enthusiasm are inspiring, but, for Pete's sake, please practice coming set. Electronic copy available at: http://ssrn.com/abstract=2403586 Bill Klem, one of the 2 first umpires inducted into the Baseball Hall of Fame, once wrongly called a runner out at home plate. A lucky newspaper photographer snapped a shot, which demonstrated Klem’s mistake. The next day, reporters demanded to know how the batter could be out in light of the incontrovertible photographic evidence. -
Petition for Reinstatement of Pete Rose to Major League Baseball and for Eligibility to the National Baseball Hall of Fame
PETITION FOR REINSTATEMENT OF PETE ROSE TO MAJOR LEAGUE BASEBALL AND FOR ELIGIBILITY TO THE NATIONAL BASEBALL HALL OF FAME Peter Edward Rose respectfully petitions the Commissioner of Baseball, Robert D. Manfred, Jr., for reinstatement under Major League Rule 15(c). By voluntary agreement dated August 23, 1989 between Commissioner A. Bartlett Giamatti and Mr. Rose,1 “Peter Edward Rose [was] … declared permanently ineligible in accordance with Major League Rule 21 and placed on the Ineligible List.” As also stipulated by the parties, “Nothing in this Agreement shall deprive Peter Edward Rose of the rights under Major League Rule 15(c) to apply for reinstatement.” Mr. Rose has previously applied for reinstatement, most recently in 2015 to Commissioner Manfred. As he has publicly expressed, Mr. Rose appreciates the time and effort that both Commissioner Selig and Commissioner Manfred devoted to reviewing and considering those petitions. Mr. Rose accepts the decisions issued in response to his prior petitions, and here he advances the new argument that his lifetime ban is disproportionate relative to other punishments imposed for serious violations that also undermined the integrity of the game. Mr. Rose requests that Commissioner Manfred consider this petition in light of recent rule violations by club officials, managers, and players who have severely impugned the integrity of the game of baseball. An in-person meeting with counsel present is requested. By this petition, Mr. Rose asks the Commissioner to reconsider his status on the permanently ineligible list due to its disproportionate nature. Mr. Rose continues to express repentance for his acts in violation of Major League Rule 21. -
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The Boston Red Sox Saturday, April 4, 2020 * The Boston Globe When can sports resume? Attempts by Asian leagues provide valuable insight for Major League Baseball Alex Speier Half a world away from home, two healthy former members of the Red Sox sit in two-week quarantines while waiting for baseball to resume in their Asian leagues. In Newburyport, another ex-Red Sox player contemplates the possibility of his own two-week quarantine if he wants to pitch in the coming months. The three players — former top pitching prospect Casey Kelly, first baseman/outfielder Jerry Sands (a member of the organization for roughly four months who never played for the team), and former big league pitcher Justin Haley — serve as reminders of the many challenges that await the resumption of sports leagues in the wake of a global pandemic. While all of the major US sports leagues remain in shutdown as part of the public health response to the COVID-19 spread, three professional baseball leagues in Asia are in varying states of operation. Efforts in Japan, South Korea, and Taiwan to conduct games offer insight into the challenges sports leagues here will face. Major League Baseball and the MLB Players Association have established a loose date of April 10 by which to have discussions about the resumption of play. Those conversations will be informed by what’s happening in other countries’ efforts to restart. Among those early lessons: ▪ A single positive test can disrupt an entire league Little has changed in the three weeks since Utah Jazz center Rudy Gobert tested positive for coronavirus, an event that served as the lead domino for the shutdown first of the NBA and then all US leagues. -
Decision and Findings of the Commissioner in the Red Sox Investigation
Decision and Findings of the Commissioner in the Red Sox Investigation Executive Summary Following an exhaustive investigation into allegations of improper use of the video replay room by the Boston Red Sox, I have come to the following conclusions: I find that J.T. Watkins, the Red Sox video replay system operator, on at least some occasions during the 2018 regular season, utilized the game feeds in the replay room, in violation of MLB regulations, to revise sign sequence information that he had permissibly provided to players prior to the game. I find that unlike the Houston Astros’ 2017 conduct, in which players communicated to the batter from the dugout area in real time the precise type of pitch about to be thrown, Watkins’s conduct, by its very nature, was far more limited in scope and impact. The information was only relevant when the Red Sox had a runner on second base (which was 19.7% of plate appearances league- wide in 2018), and Watkins communicated sign sequences in a manner that indicated that he had decoded them from the in-game feed in only a small percentage of those occurrences. I do not find that then-Manager Alex Cora, the Red Sox coaching staff, the Red Sox front office, or most of the players on the 2018 Red Sox knew or should have known that Watkins was utilizing in-game video to update the information that he had learned from his pregame analysis. Communication of these violations was episodic and isolated to Watkins and a limited number of Red Sox players only. -
Sportsmanship, Gamesmanship, and Cheating
© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION © Robert Daly/OJO© Jones images/Getty Images. & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION CHAPTER 2 © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FORSportsmanship, SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION © Jones & Bartlett Learning,Gamesmanship, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION and Cheating © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION age by using text messaging to get answers or ▸ How People Win “Googling” during exams. Everyone likes to win! Adults and children Cheating in one’s private life ultimately leads to negative outcomes for the cheater © Jones &alike Bartlett enjoy the Learning, exuberance ofLLC winning, but it © Jones & Bartlett Learning, LLC is also clear that some people like to win more while affecting other people and business inter- NOT FORthan SALE others. OR The DISTRIBUTION subject of this chapter is how ests. CheatingNOT in FOR one’s SALEpersonal ORlife can DISTRIBUTION trans- people win. Should we concern ourselves with late to lost income—this can certainly occur how people get into the winner’s circle, or by if you are a world-class athlete. Professional what means they use to prevail? After all, no Golf Association (PGA) golfer Tiger Woods’ one remembers who finished second in the marital infidelities were splashed across world © Jones & Bartlett Learning,Super Bowl. LLC © Jonesheadlines & Bartlett when Learning,his conduct LLCwas exposed. -
Sports Law—Stealing Signs with Binoculars, Or Other
CORE Metadata, citation and similar papers at core.ac.uk Provided by Western New England University School of Law Western New England Law Review Volume 42 Issue 1 Article 3 2020 SPORTS LAW—STEALING SIGNS WITH BINOCULARS, OR OTHER EQUIPMENT, IN AN NCAA BASEBALL GAME IS NOT ADEQUATELY ADDRESSED IN THE RULES: A CASE FOR EXPANDED PENALTIES IN NCAA BASEBALL FOR UNETHICAL AND UNSPORTSMANLIKE CONDUCT James T. Masteralexis Sharianne Walker Follow this and additional works at: https://digitalcommons.law.wne.edu/lawreview Recommended Citation James T. Masteralexis and Sharianne Walker, SPORTS LAW—STEALING SIGNS WITH BINOCULARS, OR OTHER EQUIPMENT, IN AN NCAA BASEBALL GAME IS NOT ADEQUATELY ADDRESSED IN THE RULES: A CASE FOR EXPANDED PENALTIES IN NCAA BASEBALL FOR UNETHICAL AND UNSPORTSMANLIKE CONDUCT, 42 W. New Eng. L. Rev. 43 (2020), https://digitalcommons.law.wne.edu/lawreview/vol42/iss1/ 3 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized editor of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. WESTERN NEW ENGLAND LAW REVIEW Volume 42 2020 Issue 1 SPORTS LAW—STEALING SIGNS WITH BINOCULARS, OR OTHER EQUIPMENT, IN AN NCAA BASEBALL GAME IS NOT ADEQUATELY ADDRESSED IN THE RULES: A CASE FOR EXPANDED PENALTIES IN NCAA BASEBALL FOR UNETHICAL AND UNSPORTSMANLIKE CONDUCT JAMES T. MASTERALEXIS† AND SHARIANNE WALKER∗ Stealing signs from the catcher or base coaches in baseball, if done by the naked eye, is not prohibited by the rules of both Major League Baseball (MLB) and National Collegiate Athletic Association (NCAA) Baseball. -
Cheating in Baseball
CHEATING IN BASEBALL REFLECTIONS ON ELECTRONIC SIGN-STEALING G. Edward White† N SEPTEMBER 22, 2016, an intern in the Houston Astros’ or- ganization, Derek Vigoa, showed the Astros’ general manager Jeff Luhnow a PowerPoint presentation about of an Excel- based application. The application was programmed with an Oalgorithm which could detect the pitch signs opposing catchers were flashing to pitchers. Since 2014, when video replays of action on the field were made available to major league baseball teams in order to help them challenge certain calls made by umpires, teams had access, in so-called video rooms, usually located close to dugouts, to television and computer monitors re- ceiving live feeds of television broadcasts of games. The broadcasts fed to teams typically made use of centerfield cameras, which often offered the best look at pitches as they were delivered to batters. The cameras captured the hand signals catchers flashed to pitchers in order to suggest a particular pitch, as well as the sequences in which those signals were flashed. The application program allowed someone watching the live feed to log an opposing catcher’s sequence of hand signals, and the actual signals flashed, into a spreadsheet, along with the pitches thrown which corresponded to those signs. The algorithm used that data to associate particular hand signals and their sequences with particular pitches. After a sufficient amount of data was fed into the spreadsheet, the algorithm was able to predict the † G. Edward White is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. -
Stealing Signs: Could Baseball’S Common Practice Lead to Liability for Corporate Espionage?
Stealing Signs: Could Baseball’s Common Practice Lead to Liability for Corporate Espionage? Andrew G. Barna∗ Introduction ......................................................................................................... 1 I.Sign Stealing in Baseball .................................................................................. 4 A. How to Steal Signs in Baseball & Why Sign Stealing Matters ........ 4 B. Baseball Ethics: The Right and Wrong Way to Steal Signs ............ 7 C. How MLB Teams Protect Their Signs ............................................. 9 D. Baseball’s Rules Against Sign Stealing ......................................... 10 II.Theft of Trade Secrets in the United States ................................................... 13 A. The State and Federal Regimes that Protect Trade Secrets ............ 14 B. What is a “Trade Secret”? .............................................................. 16 C. What Constitutes “Misappropriation” or “Theft of Trade Secrets”? ........................................................................................ 18 III.How a Sign-Stealing Trade-Secrets Case Could Arise ................................ 19 IV.Would Sign Stealing in Baseball Constitute Theft of Trade Secrets? ......... 20 A. Are Baseball Signs “Trade Secrets”? ............................................. 21 B. Do Sign Stealers Engage in “Misappropriation” or “Theft of Trade Secrets” under the EEA? ..................................................... 23 Conclusion .......................................................................................................