Law in Contemporary Society
I wanted to respond to some of Matt's points and for now thought it was best to keep this separate from my essay, but I'm open to suggestions on integrating this discussion into my main essay. As a reminder, some of Matt's comments are pasted below. Matt - if you're reading this, I certainly appreciate your thoughts on my paper.

I think the point here, which is obscured by Eben's comment, is that baseball is an extremely conservative institution that concocts reasons to resist change and preserve inaccuracies or idiotic statistics. Everytime the Baseball Writers give the Cy Young to the league leader in wins (but less deserving pitcher) or Derek Jeter wins a gold glove I cringe. But, I would also argue that accuracy is not the ultimate goal of baseball--selling seats and keeping a strong fan base is. The fact is that people have come to know and love baseball as it is now and have a strong status quo bias. Handing the game over to machines would certainly hurt MLB's bottom line.

I agree that in some areas and systems we should aspire to minimize human error and bias--I'm just not sure baseball is one of those systems. Baseball is not about fairness or efficiency--it is just a game trying to produce enjoyment (not accurate criminal justice). Getting calls wrong and seeing Lou Pinella ejected is part of the enjoyment. In some institutions, inefficiencies, inaccuracies, and waste persist because they produce greater human happiness than their rational utility maximizing opposites simply because humans aren't rational maximizers to begin with. -MatthewZorn

First, although not particularly important in the larger discussion, I do think that wins are a very significant statistic for pitchers. ERA gets overvalued in modern baseball. Winning and losing is about how you perform in game situations. I don't care if my pitcher gives up 4 runs if my team has an 8-0 lead, but if we have a 1-0 lead then allowing 2 runs is incredibly significant. There are also ballpark and day of game condition factors that weigh significantly on ERA. Obviously wins are affected by a team's offensive output. It's not a perfect statistic, but I believe the most relevant of the statistics generally used to evaluate pitchers.

Moving on to the more relevant points.

I do think there is something to be said about baseball being a conservative institution, although I'm not sure if it's more conservative than comparative institutions and frankly I'm not even sure which institutions I would compare it with. The other professional sports leagues in the US are relative infants compared to Major League Baseball. In at least some areas I think baseball has embraced change. The general impression I get is that baseball was on the forefront of racial integration in this country, although I'm not an expert in that area.

This leads me to the next point, Matt's argument about baseball not being about fairness and instead being about enjoyment, selling seats and keeping a fan base. I believe the game of baseball has a special relationship with the US. Like it or not the game has a tremendous impact of the youth of America and striving for some degree of fairness should be a goal of baseball as well as other professional sports (and probably most professions). I'll focus my attention particularly on race.

Catering to the fans and trying to maximize profits and enjoyment can lead to devastating consequences in professional sports. The majority of fans of most American sports leagues are white and we've seen sports leagues try to cater to that by artificially making white athletes appear more successful. The NBA has been desperately seeking white superstars, even resorting to desperate measures like voting Steve Nash MVP two years in a row and drafting Joe Alexander with the 8th pick in the NBA Draft. We've also seen what the boxing world has done to try and get a white superstar. I admit I haven't seen the movie The Great White Hope, but the basic idea in boxing is that white athletes are built up to seem much better than they are to get viewers to watch their fights.

I would even question in baseball whether certain white pitchers have been undeserving of their great careers out of the desire to see white superstars. I won't name names, but most baseball fans are familiar with certain white pitchers who don't throw particularly fast and have had incredible careers due to what is deemed their "great control." Could the same thing happen to a Dominican born player? I can't think of many black pitchers who've made careers out of "great control" the way certain white pitchers have.

If MLB is solely trying to maximize ticket sales and please their fan base then shouldn't they then stealthy discriminate in a way that creates white superstars in order to maximize ticket sales? I think baseball has to be about more than maximizing ticket sales and creating a large fan base. Baseball has also been the game of immigrants, representative to some extent of the American dream.

One other area where profits should take a back seat to fairness is in the area of Performance Enhancing Drugs. We all know that "Chicks Dig the Long Ball" and in order to maximize fan enjoyment the best decision would be not only to allow, but virtually mandate steroid use among players. Bulking up monster athletes who would all die at age 40 would get the best ratings and attendance for baseball, but I think the game has a greater social responsibility.

All of this is getting me to the point that baseball should to some degree be about fairness. The idea that any little kid can start playing in little league or on a rock covered field in a third world country and make his way up to the big leagues based on talent alone is an important part of the game and is connected in many ways to an ideal we would like to see in other professions as well. Just imagine if Cravath started a program in the Dominican Republic to train poor children who showed potential to some day become great lawyers. That is what we have today with the Yankees (and virtually every other major league team) going in and training and developing talent. Sports provide a framework for rewarding talent above all else and I wouldn't want to see that change.

MLB isn't the WWE and I wouldn't want to see it become that. Selling tickets and maintaining a fan base are important for MLB, but it must be mindful of the price those things may come at.

-- JoshLerner - 13 May 2010


"First, although not particularly important in the larger discussion, I do think that wins are a very significant statistic for pitchers. ERA gets overvalued in modern baseball. Winning and losing is about how you perform in game situations. I don't care if my pitcher gives up 4 runs if my team has an 8-0 lead, but if we have a 1-0 lead then allowing 2 runs is incredibly significant. There are also ballpark and day of game condition factors that weigh significantly on ERA. Obviously wins are affected by a team's offensive output. It's not a perfect statistic, but I believe the most relevant of the statistics generally used to evaluate pitchers."

Are you kidding me? Next you will be telling me that RBI's are the best hitting statistic. Put Zack Greinke on the Yankees and he will "win" 25 games a year. Baseball is an individual sport masquerading as a team sport. Team dependent statistics like wins are completely useless in measuring one's baseball ability. -- JohnAlbanese - 14 May 2010

After all I said this comment was what generated the outrage? I still think baseball is a team sport, in fact I'm fairly confident about that part. Fantasy baseball may have changed the perception of certain fans, but that doesn't change the game. Even ERA is based in large part on the team around you in the field. What pitching statistics are not dependent on your team? Maybe strikeouts, but I hope we would agree they aren't terribly relevant. With Zack Grienke last season it was his 16 wins on a 65 win team that impressed me. As I said wins are not a perfect statistic, but they are relevant. If you've ever been in a clubhouse after a game you understand that the players really do care about winning or losing. This may be one of those arguments that we have to agree to disagree on. I will concede that when evaluating and projecting the future success of young pitchers, particularly while looking at their minor league stats, that individual statistics play more of a role in the analysis than team statistics. -- JoshLerner - 15 May 2010

If you are surprised that your "wins" comment generated the outrage, then you haven't been paying attention to the statistical revolution in baseball the past 10 or 15 years. It is a bitter, generational battle with deeply entrenched beliefs that has led many heated arguments. I am not saying that players do not care about team results (of course they do), but when evaluating an individual player's contribution to the team's success, using statistics that are very heavily team dependent is not helpful. Just as batters are not judged on the success of their team's pitching, pitchers should not be judged on their team's hitting. If you haven't, go read Moneyball by Michael Lewis. Perhaps it will change your mind. Before I move on, I will leave you with the one point: the ideal baseball pitcher is one pitches every day, nine innings a game, and strikes out every batter. This pitcher is not guaranteed to register a pitching "win."

As for the rest of your thoughts and Matt's thoughts, let's talk about the motivations of baseball owners and fans. Baseball owners want to do two things, 1. Make money and 2. Win baseball games. These, of course, are not unrelated goals. Since MLB is governed by the owners, and not every owner can win baseball games, MLB attempts to ensure that owners make money. Fans like winners. Baseball fans will not watch baseball if they don't feel that the game is being played fairly, especially if they their team does not have a fair chance to win the game. That is why the MLB was fine with allowing steroids until the information became public. Baseball fans were happy with the gaudy home run totals, until they heard that home run were hit in an unfair fashion. Only then did the crackdown on steroids begin. Fairness and the desire to make money are not two distinct desires. Since fans like winners, it also follows that owners will sign players that they believe gives them the best shot to win, regardless of the color of their skin. -- JohnAlbanese - 17 May 2010

I just wanted to respond to a couple of your points. Winning and losing is about how you perform in game situations. I don't care if my pitcher gives up 4 runs if my team has an 8-0 lead, but if we have a 1-0 lead then allowing 2 runs is incredibly significant. There is some truth to this, but the statistic's ultimate flaw is that spread out over 162 games a pitcher asked to hold opponents to less than 8 runs per start has a much easier burden than a pitcher asked to hold opponents to less than 2 runs per start. When using the stat as a metric for yearly awards, the concept of 'in game performance' is severely diluted. I second John's recommendation that you check out some of the writing on sabermetrics. The other professional sports leagues in the US are relative infants compared to Major League Baseball. In at least some areas I think baseball has embraced change. Baseball, due to its rich history, was the first to embrace player unionization, final offer arbitration, and free agency, which is why the MLBPA is the strongest of the players' unions, as well as why teams are pressured to pay so much.

On the subject of race: The general impression I get is that baseball was on the forefront of racial integration in this country, although I'm not an expert in that area This is essentially true, but it's also extremely misleading. While baseball is the only sport that celebrates its integration yearly (Jackie Robinson's number is worn by players across the league), it is also the sport where race (exclusively in the case of African-American ballplayers) is consistently a matter of concern. Unlike basketball or football, at times characterized by writers as sports "whose existence depends on African-American men," baseball struggles to attract young, urban African-American athletes. The reasoning and rationalizations that defend these discrepancies (9.5% in 2010 vs. 27% in 1975) vary wildly, so I'll leave you to your own decision-making there.

On your other points, the use of race as a platform for unfairness is hilariously and unfairly exaggerated. The majority of fans of most American sports leagues are white This sounds extremely made up. Putting aside how 'fan' is defined, there is no way to verify or deny this statement without troubling generalizations. Furthermore, even in the case of baseball, the generalizations work against you. The MLB has an international fanhood largely linked to the global ties of its athletes. When considering all the fans abroad (South America, Japan, and Korea) combined with the minority fans within the U.S., this statement becomes pretty tough to swallow without any empirical evidence. As far as "Artificially" trying to amplify the perceived success of white athletes (at least in the modern era), I also doubt this, but I cannot respond in terms of the NBA or boxing, as my knowledge of the two sports is limited. I would even question in baseball whether certain white pitchers have been undeserving of their great careers out of the desire to see white superstars. I won't name names, but most baseball fans are familiar with certain white pitchers who don't throw particularly fast and have had incredible careers due to what is deemed their "great control." Without naming names, this doesn't really mean anything. How a player is perceived is a function of about a kagillion variables. "Finesse" pitchers, as they are often called, are pitchers that have accumulated successful careers without the dominance of the fastball (and by extension usually have a comparatively low strikeout rate). Considering career longevity, obviously older pitchers cannot throw as fast, so they are said to rely on "great control." Pedro Martinez is considered one of the greatest power pitchers of all time, but for the last third of his career he could barely throw over 90 mph. He was routinely described by the media as a "finesse" pitcher in the same vein as Greg Maddux (who is considered one of the greatest finesse pitchers of all time despite having more than 3,000 strikeouts). Could the same thing happen to a Dominican born player? I can't think of many black pitchers who've made careers out of "great control" the way certain white pitchers have. We've already established that the number of African-American major leaguers vacillates, and the numbers of hispanic players and East Asian players are on the rise, so this would be a tough historical argument to make. Fergie Jenkins, Bob Gibson, and Satchel Paige, routinely discussed among the greatest pitchers of all time, all had careers that were so long that we can assume they were not characterized as 'power pitchers' in their last few seasons. -- JoshuaHochman - 17 May 2010

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r5 - 17 May 2010 - 08:25:45 - JoshuaHochman
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