Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


Denial of tenure case at Georgetown raises thorny issues .  LAC

NYT editorial quotes Dan Solove likening NSA snooping to Seurat art: one small dot seems trivial, but together a portrait emerges. Here. (LAC)

Warren Buffett never negotiates on price, always makes his highest offer first.  LAC

An elite decline? (kw)

Unanswered Questions (kw)

Most under-appreciated thing about Warren Buffett: he built Berkshire to last well beyond him.  (LAC, at BRK annual meeting via Motley Fool, here.)

University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Aaron Zelinsky on Grading Lessons from Cognitive Psychology

    • Brett Bellmore on Google Challenges Gag Orders Relating to Surveillance Programs, Citing First Amendment

    • Steph Tai on Grading Lessons from Cognitive Psychology

    • Aaron Zelinsky on Grading Lessons from Cognitive Psychology

    • Steph Tai on Grading Lessons from Cognitive Psychology

    • Aaron Zelinsky on Grading Lessons from Cognitive Psychology

    • Steph Tai on Grading Lessons from Cognitive Psychology

    • Charlie Naegle on Google Challenges Gag Orders Relating to Surveillance Programs, Citing First Amendment

    • Michael Dorff on Questioning Performance Pay

    • Sandra Sperino on Sole Motives and University of Texas Southwestern Medical Center v. Nassar

    • Michal Zapendowski on What Should a Judge's Reversal Rate Be?

    • Orin Kerr on Grading Lessons from Cognitive Psychology

    • AP on Unintended Consequences of Scholarship

    • Howard Wasserman on Grading Lessons from Cognitive Psychology

    • Lawrence Cunningham on Unintended Consequences of Scholarship
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Infield flies and taking a knee

posted by Howard Wasserman

I have written recently about baseball’s Infield Fly Rule, including a general defense of, and rationale for, the rule itself. I plan to come back to it more fully in the spring, after I get through some current and future projects. I want to write a fuller piece on the cost/benefit analysis underlying the IFR and why that cost/benefit balancing both justifies IFR and why, given that balance of costs and benefits, the infield fly situation is unique not only in baseball but in all sports. There simply is no other situation like it.

This will expand on The Atlantic piece. In that essay, I identified four features of the infield fly situation that justify a special rule: 1) The fielding team has a strong incentive to intentionally not do what they are ordinarily expected to do in the game (catch the ball); 2) the fielding team gains a substantial benefit or advantage by intentionally not doing what is ordinarily expected (this is the prong I want to flesh out in economic terms of optimal outcomes, costs incurred, and benefits gained for each team); 3) the play is slow-developing and not fast-moving, so the player has time to think and control what he does; and 4) even doing what is ordinarily expected of them, the opposing players are powerless to stop the play from developing or to prevent the team from gaining this overwhelming advantage.

As I said, I believe the infield fly is the only situation in all of sport that possesses all four features. But in conversations with friends and readers, one situation keeps getting brought up: The kneel down (or “Victory Formation”) at the end of football games.

For those of you who don’t know football (but who are still reading this post anyway; if so, thanks for sticking around): At the end of a game, with the offensive team leading and some permutation of score, time on the clock, and timeouts held by the defense indicating that the game is functionally over, the offensive team will snap the ball and the quarterback will kneel down behind the line of scrimmage, ending the play, with the clock continuing to wind down. A team may do this 2-3 times to the end of the game. The players on both teams know the game is over and that the kneeldown is coming and the defense won’t do anything to challenge the play (although the play is alive and the defense could contest it, even if the practice is frowned upon). The defense’s only hope in this situation is to somehow get a turnover; taking a knee is designed to avoid that risk by only snapping the ball to the quarterback and not having a handoff or other exchange that may go wrong.

Taking a knee shares all four features of the infield fly: 1) the offensive team is not trying do what we ordinarily expect–move the football forward–and is intentionally losing a couple of yards in exchange for running out the clock and avoiding the risk of a turnover; 2) the offensive team gains a substantial benefit (time runs off the clock, no turnover), imposes a substantial cost on the defensive team (time running out, no opportunity to make a play), and offers no benefit at all to the defensive team; 3) the offensive team entirely controls the situation; and 4) the defensive team can do nothing to stop the kneeldown and the running of the clock (it could try to be aggressive on the snap and force a turnover, but, again, that is frowned upon).

If the kneeldown does contain all four features, it means that I am wrong about the uniqueness of the infield fly. The question is what to do; here are some options:

1)  Eliminate the Infield Fly Rule. If the situation is not unique and if there are similar situations that do not enjoy a special rule, maybe (as a number of readers have argued to me) that special rule is unwarranted here. I like the IFR, so this is the least acceptable option for me.

2) Outlaw taking a knee. My colleague Alex Pearl suggests a requirement that a team at least make an effort to move the ball forward, even if just by a quarterback sneak; by keeping the play truly live, it gives the defense a chance to force a turnover or otherwise make a play. The problem is that this adds more plays in which players are going to be hitting one another; given the genuine need to do something concussions and other injuries, the sport should not be looking for more hitting. Plus, such a rule requires a tricky determination of intent–how hard does the team have to try to move forward, since lots of plays go nowhere.

3) Recognize the effect of the clock in a timed sport such as football, as opposed to baseball. Football is not all or always about gaining the maximum yardage; in many situations a team runs plays that are likely to gain less yardage, but with the benefit of winding down the clock and bringing them closer to the end of the game and the win. In taking a knee, the offensive teams loses yards but gains in time. In other words, we’re tweaking how we understand what a team ordinarily is expected to do on a play; it is not only about gaining yardage, but also about managing the clock. The response is that running a play still is different than taking a knee because of prong 4–the ability of the defense to oppose the kneeldown. So running out the clock by simply handing the ball off and running into the line is OK because teams are still running true plays, trying to gain yardage, and the defense has a real chance to force a mistake. But simply taking a knee is different.

4) Adjust my four features to add a fifth–the game must still be genuinely contested. A team takes a knee only when the outcome is, at least as a practical matter, no longer in dispute.

Thoughts?


 November 16, 2012 at 11:56 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (4)

  1. Shane - November 17, 2012 at 6:47 pm

    This is a bit similar to the intentional miss of a free throw at the end of certain basketball games — where the shooting team is down and the free throw shooter intentionally misses to give his own team a chance to get an offensive rebound. All 4 of your original criteria apply. Although the opposing team has the opportunity to rebound the ball (and thus it weakens the 4th element), the actual decision to intentionally miss the free throw is the shooting player’s alone. Your proposed 5th element also would apply, because this phenomenon only occurs when the game is genuinely in dispute.

    But it seems that clock management strategies are quite common towards the end of games. In the basketball context, in addition to the free throw situation, you have intentional fouls towards the end where you give up free throw opportunities (especially against a low percentage free throw shooters) for a larger amount of time to run a play on the other end of the court. As you mentioned, football has quite a few of these opportunities to trade yards for time. In the extreme case, a team may even run back to their own end zone, giving up a safety, instead of taking a knee, giving up the points in order to eat up the last seconds of the game.

    Still, intuitively, the clock management tactics seem fundamentally different from the IFR. Clock management tactics only occur towards the end of the game, and are largely understood to be part of what coaches do. Maybe the existence of similar tradeoffs being made throughout the game makes these particular basketball/football examples feel different from the IFR.

  2. Howard Wasserman - November 17, 2012 at 11:02 pm

    It’s not who gets to choose the strategy, but whether the opposing team can do anything to counter it. With the intentional miss, the defensive team can rebound the basketball and/or play good defense on the ensuing shot. The runners in an infield fly situation have no such option.

  3. Jim Darling - November 19, 2012 at 1:12 am

    There’s another important difference between the IFR and taking a knee/intentionally missing a free throw. With the IFR, neither team makes a conscious choice to put themselves in a situation where it may be invoked, and the umpire makes a judgment call that determines the final outcome. It’s that combination of a chance occurrence and umpire discretion that produces controversy.

    By the way, there’s another situation in baseball that has all four features you identify but is not subject to special rules: intentionally walking a batter.

  4. Jeffrey - November 23, 2012 at 11:34 pm

    I think you answer the in #3 above, or maybe that you are incorrect in thinking that taking a knee meets the criteria of you lay out for the IFR. The intention of a football game is to reach the end of 1 hour of play having scored more points than the opponent, the intention of a baseball game is to score the most runs possible before giving up 27 outs. Therefore a football team is working towards winning the game when it takes a knee precisely according to the rules.

    Another issue is that a football team has larger strategic options to prevent the other team from using the Victory Formation, even if it cannot prevent it’s tactical usage. A team can effectively use it’s timeouts over the course of the game, it can slow the game itself using the running game itself so as not to give the other team the last possession.

    The uniqueness of the IFR is directly related to the uniqueness of baseball, among major American sports, in not having a clock.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Andrew Blair-Stanek
Ryan Calo
Katie Eyer
Stephen Galoob
Woodrow Hartzog
Claire Hill
William McGeveran
David L. Schwartz
Babak Siavoshy
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Jay Kesten
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Meredith Render
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Aaron Saiger
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress