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    <title>SB Nation User Blog:  lethal</title>
    <link>http://www.sbnation.com/users/lethal</link>
    <description>Posts made by lethal on SB Nation</description>
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      <title>Baseball, Steriods and the 4th Amendment
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      <link>http://www.thegoodphight.com/2006/12/30/135510/89</link>
      <author>lethal</author>
      <pubDate>Sat, 30 Dec 2006 18:55:10 -0000</pubDate>
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&lt;p&gt;The 9th Circuit Court of Appeals recently ruled in a 2-1 decision that the federal government could obtain the test results of about 100 baseball players that tested positive for steroids in 2003. &amp;nbsp;This was the year of experimental testing, whereby the players would be tested anonymously, but there would be no individual repercussions for positive tests. &amp;nbsp;The only reason for the tests was to determine the extent of the steroid use in baseball. &amp;nbsp;If 5% or more of the tests came back positive, then testing would continue. &amp;nbsp;It looks like there were 100 or so positive test for about 1200 players (30 teams X 40 players) for about a 8% positive rate.&lt;/p&gt;



  &lt;p&gt;However, according to &lt;a href="http://sports-law.blogspot.com/2006/12/ninth-circuit-ruling-isnt-just-about.html"&gt;The Sports Law Blog&lt;/a&gt;, the ruling has far greater implications: &amp;nbsp;&lt;/p&gt;
Simply, by allowing investigators to use the initial warrant as a basis for gathering gobbs of incriminating information with respect to non-targeted individuals, the investigators, in effect, were able to use a generalized search warrant to obtain evidence without probable cause. The court used the difficulty of retrieving and separating electronic data as an excuse to allow federal investigators full discretion to not only retrieve private and confidential information about thousands of individuals that are not even the subject of the warrant and for which there is no probable cause, but to also determine when there is "intermingling" such that an on-site search would be impracticable. This puts way too much discretion in the hands of federal investigators. Even further, the court didn't place any limitations on the government's use of incriminating evidence obtained with respect to non-targeted individuals.
&lt;p&gt;This strikes me as the best analysis of the further implications of this ruling that I've read. &amp;nbsp;The MLBPA has said they will appeal the ruling.&lt;/p&gt;&lt;p&gt;Now, I want baseball to clean up the game and I'm as curious as anyone who those 100 players are. &amp;nbsp;However, does it really matter if any of those 100 were on the 2003 Phillies team or if any of them are playing for the Phillies now? &amp;nbsp;The drug testing now results in stiff public penalties. &amp;nbsp;I'm satisfied that MLB is making a good effort to test for detectable performance enhancing drugs.&lt;/p&gt;&lt;p&gt;The MLBPA has three recourses: 1) appeal to the same 3 judge panel, 2) appeal to the entire 9th Circuit for a rehearing, en banc or 3) appeal to the US Supreme Court.&lt;/p&gt;&lt;p&gt;I don't think an appeal before the same 3 judges will change anything nor do I think the US Supreme Court will hear this case at this time, so option 2 seems like the best bet. &amp;nbsp;I also predict that the very liberal 9th Circuit will not allow the federal government this much subpoena power and they'll reverse this decision.&lt;/p&gt;


  


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      <title>Brett Myers arrested and charged with domestic assault
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      <link>http://www.thegoodphight.com/2006/6/23/113347/840</link>
      <author>lethal</author>
      <pubDate>Fri, 23 Jun 2006 15:33:47 -0000</pubDate>
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&lt;p&gt;Per &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2497723"&gt;ESPN&lt;/a&gt;&lt;/p&gt;
&lt;div class="blockquote"&gt;Philadelphia Phillies pitcher Brett Myers was arrested early Friday morning in Boston for allegedly assaulting his wife.&lt;/div&gt;



  &lt;p&gt;Former Phillie Marlon Byrd was also charged with domestic assault a few years back. Those charges were eventually dropped. However, Byrd was ordered to undergo anger management counseling, among other things. As pure speculation, given that Myers wife posted the bail, these charges may not be pursued if Myers agrees to undergo counseling and perform community service. Legally speaking, the 2 witnesses make for a compelling case should the Boston DA choose to pursue it. Personally, I believe there is absolutely no excuse for domestic violence. Myers has always been described as a tempermental, fiery competitor on the mound and is a former amateur boxer. Unfortunately, this appears to have carried over to off the field activities.&lt;/p&gt;
&lt;div class="blockquote"&gt;A spokesman for the Suffolk District Attorney's office says the 25-year-old right-hander was arrested by Boston Police after an incident at the corner of Boylston and Dalton Streets.
&lt;p&gt;The Phillies are in Boston for a weekend series against the Red Sox, and Myers and his wife were walking toward their hotel at the time.&lt;/p&gt;&lt;p&gt;A DA spokesman said there is evidence that Myers struck his wife on the left side of her face.&lt;/p&gt;&lt;p&gt;Myers was arraigned in Boston Municipal Court Friday on a domestic assault and battery charge. He is free on $200 bail that was posted by his wife.&lt;/p&gt;&lt;p&gt;A judge ordered Myers to have no contact with his wife unless she initiates it.&lt;/p&gt;&lt;p&gt;Myers is 5-3 this season with a 3.77 earned run average. He's scheduled to pitch for the Phillies on Saturday at Fenway Park.&amp;lt;&amp;lt;/div&amp;gt;&lt;/p&gt;
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      <title>Daily Links May 23, 2006
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      <link>http://www.thegoodphight.com/2006/5/23/104213/906</link>
      <author>lethal</author>
      <pubDate>Tue, 23 May 2006 14:42:13 -0000</pubDate>
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&lt;p&gt;The Phillies are coming off an off day and travel to Shea to take on the New York Mets tonight. &amp;nbsp;This brings out many stories from the infamous New York press.&lt;/p&gt;



  &lt;p&gt;There's this fluff piece in the Times on Cole Hamels. &lt;a href="http://www.nytimes.com/2006/05/23/sports/baseball/23mets.html?_r=1&amp;oref=slogin" target="new_window"&gt;Teammates call him Hollywood.&lt;/a&gt;&lt;/p&gt;&lt;p&gt;The Post emphasizes the importance of the Turnpike Series. &amp;nbsp; &lt;a href="http://www.nypost.com/sports/mets/64154.htm" target="new_window"&gt;A sweep of the Phillies by the Mets would give them a six-game edge, but a Philly sweep would knot the teams atop the division.&lt;/a&gt;&lt;/p&gt;&lt;p&gt;Here's an article saying to ignore the streaks because the ups and dows will even out over the course of the season. &amp;nbsp;Also, it says about Bobby Abreu: Last year after Jim Thome went south due to injury and before the Phillies figured out that maybe Ryan Howard could help, Abreu put the Phillies on his shoulders. He hit home runs in 10 of 11 games. &lt;a href="http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20060523/COLUMNISTS14/605230373/1002/SPORTS" target="new_window"&gt;He led. Nobody followed.&lt;/a&gt;&lt;/p&gt;&lt;p&gt;Finally, the brother of one of my law school friends and classmates is the Phillies beat writer for the Wilmington News Journal. &amp;nbsp;Here's what Scott Lauber has to say about Shane Victorino filling in for Aaron Rowand. &amp;nbsp; &lt;a href="http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060523/SPORTS01/605230323/1002/SPORTS" target="new_window"&gt;Manuel won't hesitate to start Victorino more often.&lt;/a&gt;&lt;/p&gt;&lt;p&gt;One last thing. You don't want to be in a Venezuelan jail awaiting your murder trial like former Phillie Ugueth Urbina. &amp;nbsp; &lt;a href="http://www.aberdeennews.com/mld/philly/sports/baseball/14643460.htm?source=rss&amp;channel=philly_baseball" target="new_window"&gt;As Urbina's appeals for release have failed - prosecutors argue he would flee the jurisdiction - his professional prospects wane.&lt;/a&gt;&lt;/p&gt;


  


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      <title>Cole Hamels - The Savior?
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      <link>http://www.thegoodphight.com/2006/5/5/144256/8238</link>
      <author>lethal</author>
      <pubDate>Fri, 05 May 2006 18:42:56 -0000</pubDate>
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&lt;p&gt;Since his promotion to AAA Scranton, &lt;a href="http://www.thebaseballcube.com/players/H/cole-hamels.shtml" target="new window"&gt;Cole Hamels&lt;/a&gt; has increased the buzz surrounding him for good reason. &amp;nbsp;In his 2 starts, he has pitched 16 innings, giving up 0 runs, only 5 hits and walked only 1 with 26 Ks. &amp;nbsp;Frankly, these are amazing numbers, exceeding his already outstanding career minor league numbers. &amp;nbsp;How does Hamels compare to past young pitching prospects and what might we expect from him with the Phillies?&lt;/p&gt;&lt;p&gt;I'll take a look at Hamels' minor league numbers and compare them to several other pitchers: &lt;a href="http://www.thebaseballcube.com/players/H/felix-hernandez.shtml" target="new window"&gt;Felix Hernandez&lt;/a&gt;, &lt;a href="http://www.thebaseballcube.com/players/W/dontrelle-willis.shtml" target="new window"&gt;Dontrelle Willis&lt;/a&gt;, &lt;a href="http://www.thebaseballcube.com/players/G/dwight-gooden.shtml" target="new window"&gt;Doc Gooden&lt;/a&gt;, &lt;a href="http://www.thebaseballcube.com/players/A/rick-ankiel.shtml" target="new window"&gt;Rick Ankiel&lt;/a&gt;, &lt;a href="http://www.thebaseballcube.com/players/G/zack-greinke.shtml" target="new window"&gt;Zack Greinke&lt;/a&gt; and &lt;a href="http://www.thebaseballcube.com/players/K/scott-kazmir.shtml" target="new window"&gt;Scott Kazmir&lt;/a&gt;. &amp;nbsp;Each of those pitchers was very heralded in the minors at a &amp;nbsp;very young age. &amp;nbsp;Some of them panned out and others did not.&lt;/p&gt;
&lt;table cellspacing="0" border="1" cellpadding="0" width="?90%?"&gt;
&lt;tr&gt;
&lt;td&gt;&lt;b&gt;Name&lt;/b&gt;&lt;/td&gt;
&lt;td&gt;&lt;b&gt;DOB&lt;/b&gt;&lt;/td&gt;
&lt;td&gt;&lt;b&gt;MLB debut age&lt;/b&gt;&lt;/td&gt;
&lt;td&gt;&lt;b&gt;Pre-debut minor-league numbers&lt;/b&gt;&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Cole Hamels&lt;/td&gt;
&lt;td&gt;12/27/83&lt;/td&gt;
&lt;td&gt;n/a&lt;/td&gt;
&lt;td&gt;14-4, 1.43, 189.1 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Felix Hernandez&lt;/td&gt;
&lt;td&gt;4/8/86&lt;/td&gt;
&lt;td&gt;19&lt;/td&gt;
&lt;td&gt;30-10, 2.59, 306.1 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Scott Kazmir&lt;/td&gt;
&lt;td&gt;1/24/84&lt;/td&gt;
&lt;td&gt;20&lt;/td&gt;
&lt;td&gt;9-12, 2.40, 228.1 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Zack Greinke&lt;/td&gt;
&lt;td&gt;10/21/83&lt;/td&gt;
&lt;td&gt;20&lt;/td&gt;
&lt;td&gt;16-5, 2.16, 180 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Rick Ankiel&lt;/td&gt;
&lt;td&gt;7/19/79&lt;/td&gt;
&lt;td&gt;20&lt;/td&gt;
&lt;td&gt;9-6, 2.79, 125.2 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Dontrelle Willis&lt;/td&gt;
&lt;td&gt;1/12/82&lt;/td&gt;
&lt;td&gt;21&lt;/td&gt;
&lt;td&gt;19-4, 2.03, 222 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;tr&gt;
&lt;td&gt;Dwight Gooden&lt;/td&gt;
&lt;td&gt;11/16/64&lt;/td&gt;
&lt;td&gt;19&lt;/td&gt;
&lt;td&gt;24-9, 2.57 269.2 IP&lt;/td&gt;
&lt;/tr&gt;
&lt;/table&gt;



  &lt;p&gt;Cole Hamels was born December 27, 1983, making him 22 years old this season. &amp;nbsp;Before being promoted to AAA, Hamels made 4 starts in High Class A Clearwater where he compiled a 1-1 record with a 1.77 ERA in 20.1 IP. &amp;nbsp;He gave up 16 hits and walked 9 with 29 Ks.&lt;/p&gt;&lt;p&gt;Prior to this year, Hamels had thrown 152.0 innings over 3 seasons between Low A, High A and AA ball. &amp;nbsp;He had a composite ERA of 1.54 and a record of 11-3. &amp;nbsp;His career WHIP prior to 2006 was 0.99 and he struck out 12.32 hitters per 9 innings. &amp;nbsp;Quite simply, he'd been dominant in the times that he's been healthy enough to pitch. &amp;nbsp;His ailments have been well documented elsewhere, but to recap: Hamels broke his left arm in high school forcing him to miss a season. &amp;nbsp;As a pro, he's had back trouble as well as the infamous fight resulting in a boken hand that has kept him off the mound. &amp;nbsp;Clearly though, injuries aside, Hamels has a ton of talent.&lt;/p&gt;&lt;p&gt;Felix Hernandez was born April 8, 1986 making him just 20 years old this season. &amp;nbsp;He's pitching for the major league club Seattle Mariners. &amp;nbsp;In the minors, he was a composite 30-10 with a 2.59 ERA in 306.1 IP. &amp;nbsp;He had a WHIP of 1.20 and K/9 of 10.66. &amp;nbsp;Hernandez was the most hyped pitching prospect in all of baseball coming into the season. &amp;nbsp;His numbers are not as good as Cole's, but he is 2 1/2 years younger than Hamels. &amp;nbsp;He's struggling this year with a 1-3 record, 5.40 ERA and WHIP of 1.64 in 6 starts. &amp;nbsp;Last season in 12 starts, he was 4-4 with a 2.67 ERA. &amp;nbsp;He's still an excellent prospect, but even thsy have trouble adjusting to the majors.&lt;/p&gt;&lt;p&gt;Scott Kazmir was born January 24, 1994, making him just 1 month younger than Hamels. &amp;nbsp;Kazmir was drafted 2 spots ahead of Hamels in 2002. &amp;nbsp;Kazmir made the majors in the middle of 2004 when he was 20 years old. &amp;nbsp;In his 3 years in the minors, Kazmir put up a record of 9-12 with a 2.40 ERA in 228.1 IP in A ball up to AA. &amp;nbsp;His WHIP was 1.12 and the struck out 11.15 batters per 9 IP. &amp;nbsp;In 2004 when he was first called up, Kazmir struggled a little bit. &amp;nbsp;He had a 5.67 ERA in 33.1 IP. &amp;nbsp;However, he maintained the 11.07 K/9 level he had in the minors. &amp;nbsp;In 2005, his first full season, Kazmir lowered the ERA to 3.77 and it is at 3.72 thus far in 2006. &amp;nbsp;However, his K/9 has dropped to &amp;nbsp;the mid 8 level.&lt;/p&gt;&lt;p&gt;Zack Greinke was born on October 21, 1983 making him just 2 few months older than Hamels. &amp;nbsp;He was drafted 6th overall in the same 2002 draft that produced Kazmir and Hamels. &amp;nbsp;In the minors, Greinke had a 16-5 record with a 2.15 ERA in 180 IP. &amp;nbsp;His WHIP was 0.99 and he had 7.20 K/9. &amp;nbsp;Greinke was promoted to the majors a few months ahead of Kazmir in 2004. &amp;nbsp;He's been shelled in Kansas City to a tune of 13-28, 4.99 ERA and only 5.87 K/9. &amp;nbsp;He has not pitched this year and there are some rumors that the Royals ruined him for life. &amp;nbsp;Looking at his numbers in the minors, they are very similar to Hamels', even the number of innings pitched. &amp;nbsp;The WHIP and ERA and record are all similarly impressive. &amp;nbsp;Greinke had been healthier in the minors, so he was younger when he was promoted. &amp;nbsp;Also, his K/9 rate was nowhere near Hamels', but this should serve as a cautionary tale.&lt;/p&gt;&lt;p&gt;Rick Ankiel was born July 29, 1979. &amp;nbsp;He was drafted in 1997, but did not pitch that year. &amp;nbsp;He had a 9-6 record with a 2.79 ERA, 1.03 WHIP and 12.96 K/9 in 125.2 IP in high class A in 1998. &amp;nbsp;In 1999, he broke camp with the big league club and posted a 3.27 ERA in 33 IP before getting hurt. &amp;nbsp;He also carried a 1.21 WHIP and 10.64 K/9 at the age of 20. &amp;nbsp;The next year, he had a record of 11-7 with a 3.50 ERA in 175 IP. &amp;nbsp;His WHIP was 1.30 with 9.98 K/9. &amp;nbsp;However, towards the end of that season, Ankiel lost the ability to throw strikes all of a sudden. &amp;nbsp;He started the next year in the minors and would only throw 34 more IP in the majors. &amp;nbsp;His case is somewhat inexplicable, but also cautionary. &amp;nbsp;His limited minor league numbers are nearly as impressive as Hamels', but against inferior competition and he advanced at a younger age.&lt;/p&gt;&lt;p&gt;Another contemporary comparison is Dontrelle Willis. &amp;nbsp;Willis was born on January 12, 1982 making him almost 2 full years older than Hamels. &amp;nbsp;Willis came up to the Marlins in 2003 at the age of 21. &amp;nbsp;Prior to that, he had a composite minor league line of 19-4, 2.03 ERA, 0.93 WHIP and 7.38 K/9 in 222 IP. &amp;nbsp;He came up during the pennant race and gave the Marlins a shot in the arm to finish the season and beat out the Phillies for the Wild Card. &amp;nbsp;The Marlins went on to win the World Series that year, thanks in no small part to Willis. &amp;nbsp;Willis did not truly blossom until 2005 in his third season when he was 22-10 with a 2.63 ERA at the age of 23. &amp;nbsp;If Hamels comes up this season, he will be a year older than Willis was when he came up. &amp;nbsp;In a lot of ways, Willis' minor league numbers were more impressive than Hamels'. &amp;nbsp;Willis had a lower WHIP over a larger number of IP. &amp;nbsp;The ERA is a half run higher, but still just over 2. &amp;nbsp;The only large difference is Hamels strikes out a lot more hitters. &amp;nbsp;Willis has a 6.83 career K/9 in the majors.&lt;/p&gt;&lt;p&gt;The last comparison I'll make is Dwight Gooden. &amp;nbsp;Gooden was drafted in 1982 as a 17 year old. &amp;nbsp;He pitcxhed that season and the next in the minors before debuting with the Mets in 1984 as a 19 year old. &amp;nbsp;In his 2 minor league season, Gooden compiled a 24-9 record. &amp;nbsp;In 1983 as an 18 year old, Gooden was 19-4 with a 2.50 ERA, 1.22 WHIP and 14.14 K/9 in 191 IP in High A ball. &amp;nbsp;In 1984 as a 19 year old rooking with the Mets, he was 17-9 with a 2.60 ERA, 1.07 WHIP and 11.39 K/9. &amp;nbsp;The following season when he won the Cy Young Award at the age of 20, Gooden was 24-4 with a 1.53 ERA in 218 IP. &amp;nbsp;He had a WHIP of 0.97 and had 8.72 K/9. &amp;nbsp;Gooden, of course threw in a different era and his career later collapsed due to his drug addiction, but he was dominant early on.&lt;/p&gt;&lt;p&gt;From this brief survey, Hamels has similar numbers to Willis, Kazmir and Greinke. &amp;nbsp;He was not as dominant as Gooden and not as young as Hernandez. &amp;nbsp; &amp;nbsp;However, his K rate is reminiscent of Gooden and Ankiel. &amp;nbsp;We'll see if his career turns out more like Willis or Kazmir or if he follows the road of Zack Greinke or Rick Ankiel. I'd make a comparison chart for ease of reading, but I don't know how to post one of those.&lt;/p&gt;


  


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      <title>Lessons of Sir Sidney Ponson for the Phillies
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      <link>http://www.thegoodphight.com/2005/9/14/03811/5772</link>
      <author>lethal</author>
      <pubDate>Wed, 14 Sep 2005 04:38:11 -0000</pubDate>
      <description type="html">


&lt;p&gt;As an organization, the Phillies are not strangers to run-ins with the law, nor to players who bring unwelcome attention to the organization by their off-field behavior. From Ed Delahanty over a century ago to Jason Michaels throwing hands with a cop earlier this summer, the embarrassments and entanglements stemming from these incidents could fill an entire chapter in the franchise's long book of woe.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;So it might have been of more than passing interest in south Philadelphia when the Baltimore Orioles released pitcher Sidney Ponson on September 1 with the intention of terminating his contract under the "morals clause" in the standard MLB contract.&lt;/p&gt;



  &lt;p&gt;&lt;br /&gt;&lt;/p&gt;&lt;p&gt;On August 25, 2005, &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2142576"&gt;Ponson was arrested&lt;/a&gt; and charged with DUI after he was stopped for tailgating, given a field sobriety test and charged with driving under the influence and driving while impaired. At the station, he refused a breath test, which carries an automatic 120-day suspension of his license for a first offense.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;In January, Ponson was charged with driving under the influence in Florida. That arrest came weeks after he spent 11 days in an Aruban jail for a Christmas Day fight at a beach.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;According to the standard player's contract, a club may terminate a contract "if the Player shall at any time fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the Club's training rules."&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Here, the Orioles are probably claiming that 1) Ponson's repeated arrests violate the "good citizenship" clause and 2) Ponson's failure to control his weight violates the "physical condition" clause of the player contract.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;If the Orioles are successful in terminating Ponson's contract, Ponson would only be "entitled to termination pay . . . set forth in Article IX of the Basic Agreement . . . [and] an amount equal to the reasonable traveling expenses of the Player, including first-class jet air fare and meals . . . to his home city." Termination pay is discussed in Article IX of the &lt;a href="http://us.i1.yimg.com/us.yimg.com/i/spo/mlbpa/mlbpa_cba.pdf"&gt;CBA&lt;/a&gt;, but it only discusses termination for poor performance or skill level. Termination pay in those cases is either 30 or 45 days salary, depending on the timing of the contract termination. There is no guideline for termination pay for violation of the morals clause. Given the CBA's silence on the subject and the integration clause located in Article XXVII of the CBA, it is likely that Ponson would be granted no termination pay and would receive a one way plane ticket to Aruba should the Orioles be successful.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;The overweight and underachieving Ponson is due $10 million next season, and has been a walking indictment of the Baltimore front office ever since the team re-signed the then-free agent to a long-term deal after the 2003 season. As you'd expect, the players' union &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2155666"&gt;filed a grievance&lt;/a&gt;, arguing that Ponson should be paid the $11 million remaining on the contract ($1 for the rest of this year and $10 million for 2006). The case will likely be heard by MLB's arbitrator, &lt;a href="http://www.baseballthinkfactory.org/files/main/article/eugene_freedman_2001_11_19_0/"&gt;Shyam Das&lt;/a&gt;.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Under the MLB CBA, an arbitrator hears all disputes between players and management. How is this case likely to play out?&lt;br /&gt;&lt;/p&gt;&lt;p&gt;American legal tradition calls for the courts to observe the principle of &lt;a href="http://www.lectlaw.com/def2/s065.htm"&gt;stare decisis&lt;/a&gt;. This means that a court will follow established president when making a ruling in a case. If the facts and law are the same or similar enough to previous cases, then the court will follow that previous ruling.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Here, there is not much precedent for Mr. Das to apply stare decisis. His decision will set the precedent by which other decisions will follow on similar cases--which is why the Phillies, and the other 28 big-league clubs, will be watching almost as closely as the Orioles themselves.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Of course, the Ponson case is far from the first time a team has tried to cut ties with a player. In recent years, the New York Yankees &lt;a href="http://www.msnbc.msn.com/id/4386031/"&gt;successfully terminated third baseman Aaron Boone's contract&lt;/a&gt; just months after his home run won the 2003 ALCS over Boston, owing him only termination pay. A couple years earlier, the Colorado Rockies tried to &lt;a href="http://146.145.120.3/default.asp?c=nydailynews&amp;page=mlb/news/AAN3638944.htm"&gt;terminate pitcher Denny Neagle's contract&lt;/a&gt;, but &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2053993"&gt;settled&lt;/a&gt; before adjudicating the dispute.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;The difference between the cases is the reason for termination. Aaron Boone injured himself while playing basketball, a physical activity specifically prohibited under his contract. Boone's case also had a clear precedent: the &lt;a href="http://www.findarticles.com/p/articles/mi_m1355/is_n22_v85/ai_15136867"&gt;Atlanta Braves' termination of Ron Gant's contract in 1994&lt;/a&gt;, after he broke his leg while riding a dirt bike. Neagle was arrested for solicitation of prostitution, an activity not specifically prohibited under a standard player contract. Therefore--like Ponson's case-- it falls under the morals clause. Neagle's case was settled prior to a final judgment, which leaves the Ponson case without any other president.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Which leads to the question, how will Mr. Das rule on this matter?&lt;br /&gt;&lt;/p&gt;&lt;p&gt;As an arbitrator, Das has much discretion in his decisions. He does not have to observe stare decisis and, in fact, may use any and all factors to reach his decision. He is not limited by the rules of evidence, as a court would be. This is one of the purported advantages of using an arbitrator rather than a court to settle disputes. Another justification for arbitration is that the decision of an arbitrator is final. There is no appeals process and courts will almost never reverse an arbitrator's decision. The parties can be satisfied that whatever decision the arbitrator reaches will be the final judgment.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;If they do take the matter to arbitration, Ponson and the MLBPA will do so against the legal equivalent of Barry Bonds--on the field, that is. Orioles owner &lt;a href="http://www.angeloslaw.com/"&gt;Peter Angelos&lt;/a&gt; built his fortune as a very successful trial attorney. His specialty was representing asbestos victims as a plaintiff's side attorney and winning large judgments for them for their injuries. His firm reportedly earned over $100 million in class action asbestos work alone. He has also branched out and sued tobacco companies, drug manufacturers, lead paint makers, and cell phone companies. The cell phone industry especially is worried over suits Angelos is bringing on behalf of people who claim to have developed brain cancer from using handheld cell phones. Though similar suits have failed in the past, the industry has never faced a lawyer with the expertise, financial resources, and political firepower of a Peter Angelos.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;Given his expertise, it is probable that Angelos examined all the legal angles before deciding to terminate. The most on point case would be that of Denny Neagle. After his arrest, the Colorado Rockies terminated Neagle's contract with about $19 million left on it. Neagle and the MLBPA subsequently filed a grievance against the Rockies. Before the matter could be heard by an arbitrator, the Rockies and Neagle settled the matter for $16 million. Since the settlement was far closer to $19 million than $0, the sides probably figured Neagle had a very good chance of winning the case.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;One reason Angelos and the O's might expect a better outcome than Colorado's is that while Neagle's incident was his first brush with the law, Ponson has had previous DUIs. The Orioles may have warned Ponson that after his first two arrests, any subsequent violations would lead to a termination of his contract. Ponson would have had notice from the Orioles whereas Neagle could not have had the same notice from the Rockies.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;The outcome of this case is far from predictable. The MLBPA has had a long history of defeating baseball management in legal proceedings and quasi-legal proceedings. However, Angelos is a very successful litigator who has probably studied the issue extensively and figures he has a likelihood of succeeding. Alternately, the Orioles might have been planning to release Ponson for poor performance anyway and this was a no-lose proposition that they're trying.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;One thing that could've helped the Orioles' case would have been if they had released a player prior to this under the morals clause who was actually performing well. Ponson was 7-11 with a 6.21 ERA in 2005 at the time of his release. They could have released Rafael Palmeiro when he was suspended for a &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2121659"&gt;positive steroid test and was accused of lying under oath before Congress&lt;/a&gt;. At the time he was hitting .280 with an .826 OPS. They might've still had to pay his salary, but they could not be accused of discriminating against Ponson for poor performance. The worst case scenario for the Orioles is that they're forced to pay Ponson's entire salary, which is what they would have been obligated to do regardless.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;If the Orioles do win, it would lead teams like the Phillies to be able to void the contracts of guys who get in trouble with the law, especially if they have a prior criminal record. If &lt;a href="http://www.philly.com/mld/philly/sports/12049999.htm"&gt;Jason Michaels gets arrested again&lt;/a&gt;, they may have grounds to void his contract, for instance. Back in 1991, they could have voided the contracts of Darren Daulton and Lenny Dykstra after their &lt;a href="http://en.wikipedia.org/wiki/Lenny_Dykstra"&gt;car accident while intoxicated&lt;/a&gt;. Of course, such a move would have changed the entire course of the Phillies through the 1990s, from the fluke World Series appearance in 1993, led by Daulton and Dykstra, to the demise of the team in the mid 90s from the bloated contracts Daulton and Dykstra received, to the acquisition of Doug Glanville from the Cubs to replace an injured Lenny Dykstra in center field. I suppose with all things related to the Phillies, joy must be tempered with sadness.&lt;br /&gt;&lt;/p&gt;


  


      </description>
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    <item>
      <title>test
</title>
      <link>http://www.thegoodphight.com/2005/9/14/03025/6148</link>
      <author>lethal</author>
      <pubDate>Wed, 14 Sep 2005 04:30:25 -0000</pubDate>
      <description type="html">


&lt;p&gt;test&lt;/p&gt;



  &lt;p&gt;test&lt;/p&gt;


  


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    <item>
      <title>Home Run Derby
</title>
      <link>http://www.thegoodphight.com/2005/7/2/11445/83348</link>
      <author>lethal</author>
      <pubDate>Sat, 02 Jul 2005 05:14:45 -0000</pubDate>
      <description type="html">


&lt;p&gt;ESPN says that &lt;a href="http://sports.espn.go.com/mlb/news/story?id=2098957]"&gt;Eight players from eight different countries will compete&lt;/a&gt; in the Home Run Contest at the All Star game.&lt;/p&gt;&lt;p&gt;If I'm taking a guess at the 8:&lt;br /&gt;
Bobby Abreu - Venezuela&lt;br /&gt;
Miguel Tejeda - Dominican Republic&lt;br /&gt;
Derrick Lee - US&lt;br /&gt;
Andruw Jones - Curacao&lt;br /&gt;
Hideki Matsui - Japan&lt;br /&gt;
Carlos Beltran - Puerto Rico&lt;br /&gt;
Hee Seop Choi - South Korea&lt;br /&gt;
Jorge Cantu - Mexico&lt;br /&gt;
Jason Bay - Canada&lt;/p&gt;&lt;p&gt;That's actually 9 countries. &amp;nbsp;Choi's probably the odd man out here.&lt;/p&gt;&lt;p&gt;You can probably pick any number of players from the DR or the US and Venezuela has Cabrera as well. &amp;nbsp;Canada has Justin Morneau as well.&lt;/p&gt;



  

  


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      <title>NL All Star Predictions
</title>
      <link>http://www.thegoodphight.com/2005/6/29/123146/706</link>
      <author>lethal</author>
      <pubDate>Wed, 29 Jun 2005 16:31:46 -0000</pubDate>
      <description type="html">


&lt;p&gt;Given the 6/27 vote totals and the 1 player per team requirement, here's my predicted 32 man NL roster. This takes into account prior roster compositions and the fact that LaRussa will probably take some extra Cards if he can. I've based it on something of a 60-30-10 system where 60% of the consideration is based on this year, 30% is based on recent years, and 10% is based on overall career value.&lt;/p&gt;&lt;p&gt;The last 3 or 4 cuts were amazingly hard to do. Also, it was really hard to find someone worthy from Colorado, Arizona, and Pittsburgh.&lt;/p&gt;&lt;p&gt;Starters - all are currently leading the voting.&lt;br /&gt;
1B - Pujols - STL&lt;br /&gt;
2B - Kent - LAD&lt;br /&gt;
SS - Izturis - LAD&lt;br /&gt;
3B - Rolen - STL&lt;br /&gt;
C - Piazza - NYM&lt;br /&gt;
OF - Abreu - PHI&lt;br /&gt;
OF - Edmonds - STL&lt;br /&gt;
OF - Beltran - NYM&lt;/p&gt;&lt;p&gt;P - Clemens - HOU&lt;br /&gt;
P - Willis - FLA&lt;br /&gt;
P - Martinez - NYM&lt;br /&gt;
P - Hernandez - WAS&lt;br /&gt;
P - Peavy - SDG&lt;br /&gt;
P - Smoltz - ATL&lt;br /&gt;
P - Carpenter - STL&lt;br /&gt;
P - Webb - ARI&lt;/p&gt;&lt;p&gt;P - Cordero - WAS&lt;br /&gt;
P - Isringhausen - STL&lt;br /&gt;
P - Lidge - HOU&lt;br /&gt;
P - Fuentes - COL&lt;/p&gt;&lt;p&gt;1B - Lee - CHC&lt;br /&gt;
1B - Delgado - FLA&lt;br /&gt;
1B - Johnson - WAS&lt;br /&gt;
2B - Utley - PHI&lt;br /&gt;
SS - Lopez - CIN&lt;br /&gt;
3B - Ramirez - CHC&lt;br /&gt;
C - LoDuca - FLA&lt;br /&gt;
OF - Cabrera - FLA&lt;br /&gt;
OF - Alou - SFG&lt;br /&gt;
OF - Lee - MIL&lt;br /&gt;
OF - Jones - ATL&lt;br /&gt;
OF - Bay - PIT&lt;/p&gt;



  &lt;p&gt;Position Breakdown:&lt;/p&gt;&lt;p&gt;1B&lt;br /&gt;
Pujols 340/424/605/1.029/20HR/64RBI&lt;br /&gt;
Lee 387/464/723/1.187/23HR/65RBI&lt;br /&gt;
Delgado 312/405/565/970/15HR/56RBI&lt;br /&gt;
Johnson 320/444/508/952/8HR/42RBI&lt;/p&gt;&lt;p&gt;Lee probably should start over Pujols, but Pujols has had great career numbers while Lee is having a career season. &amp;nbsp;They may leave Johnson off the roster to go with more 2B/SS/3B back-ups.&lt;/p&gt;&lt;p&gt;Others in consideration&lt;br /&gt;
Sean Casey (322BA), Chad Tracy (317BA) - aside from BA, neither of these guys has anything going for them besides BA.&lt;/p&gt;&lt;p&gt;2B&lt;br /&gt;
Kent 296/370/520/890/15HR/58RBI&lt;br /&gt;
Utley 312/380/526/906/10HR/35RBI&lt;/p&gt;&lt;p&gt;Kent has clearly been the best 2B in the NL this year. &amp;nbsp;Utley has thrived since he was given the 2B job full time after the Polanco trade.&lt;/p&gt;&lt;p&gt;Others in consideration&lt;br /&gt;
Luis Castillo (314BA/419OBP/39R/6SB), Marcus Giles (290BA/52R/11SB), Rob Mackowiak (301BA), Craig Counsell (290BA/49R).&lt;/p&gt;&lt;p&gt;I'd take Utley, but Giles and Castillo are more top of the order hitters. &amp;nbsp;Castillo's speed is gone this year and Utley's OBP is higher than Giles'.&lt;/p&gt;&lt;p&gt;SS&lt;br /&gt;
Izturis 276/323/339/662&lt;br /&gt;
Lopez 304/350/550/900/13HR/45RBI/40R&lt;/p&gt;&lt;p&gt;Izturis makes it on his defensive reputation. &amp;nbsp;Lopez has clearly had the better season though.&lt;/p&gt;&lt;p&gt;Others in consideration&lt;br /&gt;
Omar Vizquel (299BA/13SB), David Eckstein (293BA), Clint Barmes (329/371/516/886/8HR/34RBI/40R)&lt;/p&gt;&lt;p&gt;Vizquel may make it as the Giants rep if other OFs are selected over Alou. &amp;nbsp;He's had a better year than Izturis and has just as good a defensive rep. &amp;nbsp;Eckstein may be a LaRussa hometown pick. &amp;nbsp;Barmes would have been the Colorado rep if he didn't break his collar carrying deer meat up his stairs.&lt;/p&gt;&lt;p&gt;3B&lt;br /&gt;
Rolen 243/327/426/753&lt;br /&gt;
Ramirez 300/361/563/924/17HR/49RBI&lt;/p&gt;&lt;p&gt;Rolen's been hurt much of the year. &amp;nbsp;Numbers like these would've never made him an all star in years past in Philadelphia, but his stature has grown over the past few years. &amp;nbsp;Ramirez is having a great season. &amp;nbsp;He still might not make it if Glaus gets the Arizona spot.&lt;/p&gt;&lt;p&gt;Others in consideration&lt;br /&gt;
Morgan Ensberg (277/378/554/933/19HR/52RBI), Chipper Jones (282/411/513/923), David Wright (297/387/510/897), Troy Glaus (264/354/527/882/17HR/48RBI)&lt;/p&gt;&lt;p&gt;Ensberg really deserves to go based on his great half season. &amp;nbsp;Jones has beenhurt a lot of the year, but would've been the Braves rep had A. Jones not had a monster 2 weeks. &amp;nbsp;Wright is having a solid season, but may be mired in the Rolen-like dilemma of his early years of having too much established competition at 3B. &amp;nbsp;Glaus has a lot of HRs and could sneak into the game as the AZ rep.&lt;/p&gt;&lt;p&gt;OF&lt;br /&gt;
Abreu 319/436/557/993/17HR/52RBI/55R/18SB&lt;br /&gt;
Edmonds 286/397/568/965/14HR/46RBI&lt;br /&gt;
Beltran 265/320/437/756&lt;br /&gt;
Cabrera 336/387/569/955/15HR/54RBI&lt;br /&gt;
Alou 318/409/521/930/12HR/36RBI&lt;br /&gt;
Lee 275/339/549/889/20HR/69RBI&lt;br /&gt;
Jones 283/359/599/958/24HR/55RBI&lt;br /&gt;
Bay 311/388/573/962/15HR/40RBI&lt;/p&gt;&lt;p&gt;No slap hitting singles hitters in this group. &amp;nbsp;Abreu is simply awesome. &amp;nbsp;He's having the best year of any OF in the NL by far demonstrating great power and speed. &amp;nbsp;Edmonds is also havign a great year. &amp;nbsp;Beltran is 41st in OF OPS and has 1SB. &amp;nbsp;New York must've been a tough adjustment. &amp;nbsp;He doesn't deserve an all-star bid. &amp;nbsp;Cabrera is well on his way to establishing hmself as the next great young slugger. &amp;nbsp;Alou is doing well without much support in the SF offense and he's the lone SF rep. &amp;nbsp;Lee leagues the majors in RBI. &amp;nbsp;Jones is the lone Atl rep and might not have made it over Jones or Giles had he not gone on a 2 week HR tear. &amp;nbsp;Bay is quietly having a great season and is the lone Pit rep.&lt;/p&gt;&lt;p&gt;Others in consideration&lt;/p&gt;&lt;p&gt;Adam Dunn (20HR), Brian Giles (910OPS), Cliff Floyd (20HR/51RBI/903OPS), Pat Burrell (16HR/895OPS/60RBI), Luis Gonzalez (307BA/AZ rep), Jose Guillen (302BA/529SLG/15HR)&lt;/p&gt;&lt;p&gt;Dunn's BA is too low, Giles only has 9 HRs, Floyd should be there instead of Beltran, Burrell's been in a huge slump the past 2 weeks, Gonzalez is beat out as AZ rep by Webb or Glaus, Guillen's having a pretty good year, but not AS level.&lt;/p&gt;&lt;p&gt;I'm out of time, so I'll come back to comment on my selections for pitchers later.&lt;/p&gt;


  


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