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Next: 2001 champs and we have 32 posts!
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Since: Jun 29, 2003 Posts: 332
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(Msg. 31) Posted: Mon Jun 30, 2003 8:05 pm
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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In article <DbKcnQ4uh6f5PGKjXTWJhw RemoveThis @comcast.com>,
"McDuck" <wallymcduckDELETEME RemoveThis @comcast.net> wrote:
>"David Marc Nieporent" <nieporen RemoveThis @alumni.princeton.edu> wrote in message
>> >> I don't think so. I think cheating, by definition, requires knowledge.
>> >> Cheating implies more than mere rulebreaking; it implies intentional
>> >> rulebreaking -- or, more specifically, intentional rulebreaking to gain
>> >> an advantage.
>> >You may think that, and you are entitled to think that, and in some
>> >contexts, you could convince other people to think it. But hitting with a
>> >corked bat in baseball is cheating without reference to intent.
>> Ah. I forgot, you were appointed to rewrite the dictionary.
>Sarcasm is the last refuge of scoundrels. <grin> But you are also wrong
>about the dictionary.
>cheat >v. 1 act dishonestly or unfairly in order to gain an
>advantage. ->deprive of something by deceitful or unfair means. 2 avoid
>(something undesirable) by luck or skill: she cheated death in a spectacular
>crash. >n. 1 a person who cheats. 2 an act of cheating.
>-ORIGIN ME: shortening of escheat
>Nothing about intent in the Oxford electronic definition provided above
>(full entry, no editing).
Well, actually, there is something about intent there. "Dishonestly"
implies intent. Even more strongly, so does "deceitful."
>By the way, if you happen to know what "escheat"
>means, you also understand that escheat does not depend on intent.
It doesn't involve rulebreaking, either, so it's not really relevant, is it?
> (For
>those who don't know, it is the passage of property to the state when the
>deceased has not written a will that specifies who he wants to get the
>property.
Actually, it's the passage of property to the state when there are no
heirs. Failure to draft a will does not cause property to escheat.
---------------------------------------------
David M. Nieporent nieporen RemoveThis @alumni.princeton.edu >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 28, 2003 Posts: 58
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(Msg. 32) Posted: Mon Jun 30, 2003 11:43 pm
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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"David Marc Nieporent" <nieporen DeleteThis @alumni.princeton.edu> wrote in message
news:nieporen-CFF08A.20053030062003@news.fu-berlin.de...
> In article <DbKcnQ4uh6f5PGKjXTWJhw DeleteThis @comcast.com>,
> "McDuck" <wallymcduckDELETEME DeleteThis @comcast.net> wrote:
> >"David Marc Nieporent" <nieporen DeleteThis @alumni.princeton.edu> wrote in message
>
> >> >> I don't think so. I think cheating, by definition, requires
knowledge.
> >> >> Cheating implies more than mere rulebreaking; it implies intentional
> >> >> rulebreaking -- or, more specifically, intentional rulebreaking to
gain
> >> >> an advantage.
>
> >> >You may think that, and you are entitled to think that, and in some
> >> >contexts, you could convince other people to think it. But hitting
with a
> >> >corked bat in baseball is cheating without reference to intent.
>
> >> Ah. I forgot, you were appointed to rewrite the dictionary.
>
> >Sarcasm is the last refuge of scoundrels. <grin> But you are also wrong
> >about the dictionary.
> >cheat >v. 1 act dishonestly or unfairly in order to gain an
> >advantage. ->deprive of something by deceitful or unfair means. 2 avoid
> >(something undesirable) by luck or skill: she cheated death in a
spectacular
> >crash. >n. 1 a person who cheats. 2 an act of cheating.
> >-ORIGIN ME: shortening of escheat
>
> >Nothing about intent in the Oxford electronic definition provided above
> >(full entry, no editing).
>
> Well, actually, there is something about intent there. "Dishonestly"
> implies intent. Even more strongly, so does "deceitful."
You did not know the meaning of a simple English word and made a sarcastic
post saying I made up word meanings. I post the definition showing you were
wrong --- not a little wrong, not a lot wrong, but 100 percent wrong. Now,
instead of apologizing for being a total jerk, you made a new and even more
ridiculous claim. Classy guy.
Just for the record, the first quoted definition says "act dishonestly ***or
unfairly***." The second says "deceitful ***or unfair*** means." Whatever
implication you can read into "dishonestly" or "deceitful" is irrelevant
because your claim was that cheating ***requires*** "intentional" rule
breaking, not "mere" rule breaking. "Unfairly" has no plausible indication
of intent. It is clearly unfair for Sosa to use am illegal bat, whatever his
intent. So your point is utter nonsense. More importantly, you fully
understand it is nonsense. No one in this thread ever suggested that a cheat
cannot intent to be dishonest. The issue was whether a dishonest intent was
required. I said it was not required, you told me I was making up the
meaning of words, and I proved you were dead wrong. Instead of taking your
lumps like a man, you act like a total jerk.
I can understand your embarrassment at being dead wrong after mocking
someone who was right, but that's the way it goes when you are a jerk, don't
know the meaning of common words, and still call people out.
McDuck
>
> >By the way, if you happen to know what "escheat"
> >means, you also understand that escheat does not depend on intent.
>
> It doesn't involve rulebreaking, either, so it's not really relevant, is
it?
>
Do you know what "ORIGIN ME: shortening of escheat" in a dictionary means? I
guess not, from your failure to see its relevance. It is telling you where
the word came from --- the root of the word in common parlance. And the root
indicates that "intent" is not an element of the word "cheat." I noted this
only as an aside. It is possible for the meaning of words to stray, even a
long way, from their roots. But the relevance of the root in understanding
the meaning of a word should be obvious to anyone with a middle school
education. That you don't understand this is no crime. Lots of people don't
know lots of stuff. But you should not be telling people they have their own
special dictionary when you don't even know how to look up words in a
dictionary. >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 01, 2003 Posts: 33
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(Msg. 33) Posted: Tue Jul 01, 2003 3:31 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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"Lance Freezeland" <lbfjd DeleteThis @altamont.net> wrote in message
news:m7bufvch1rlfc6bi6e9sfp182kee5ium9o@4ax.com...
> On Sun, 29 Jun 2003 15:49:04 GMT, "Thomas R" <Thom DeleteThis @erte333tee4f.com>
> gave us this:
>
> >A colleague of mine indicated the possibility of swiching over to
aluminum
> >bats in major leagues. One reason why is a cost factor as wooden bats
are
> >expensive and break often.. The other argument was the mitigation of
> >cheating using corked bats. The recent Sammy incident has given fuel for
> >the aluminum bat advocates, but I suspect the aluminum bat hype will
become
> >dormant once the Sammy cheating incident is forgotten about. Do you
guru's
> >believe aluminum bats are in the cards in the near future?
>
> No.
>
> Did you see the Marlins pitcher get hit in the head with the line
> drive off the bat of Todd Walker the other night? If MLB adopted
> aluminum bats, there would be a dead pitcher within the first year.
In the last decade, several pitchers have had to leave the game (as in
"retire", not just go to the clubhouse) because of injuries to the orbital
socket resulting from drives similar to that walker shot mentioned.
Hell, in the Carribean Series a couple winters back, a pitcher's eye
actually =exploded in its socket= on a liner back to the mound.
And that was with real lumber. Using the faux stuff would leave a trail of
corpses in its wake that'd put anything in a Jason flick to shame.
Maybe they should make the pitchers wear welders' helmets....
--
_____
"[W]hen life hands you lemons, head down the hall, hide in the closet of
your enemy, wait until they get a papercut, then leap out shouting BANZAI
and crush the lemon in your hand right over the papercut. Save the peel. Go
downstairs to the bar. Order a vodka. Use the peel. Yum!"
-- James Lileks, 25 Jun 03,
<http://www.lileks.com/bleats/archive/03/0603/062503.html>.
_____ >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 29, 2003 Posts: 150
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(Msg. 34) Posted: Tue Jul 01, 2003 3:57 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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rorytony <rory DeleteThis @redshift.com> wrote:
>"Blair P. Houghton" <b DeleteThis @p.h> wrote in message
>> Look up Adair's book on the physics of baseball. Corking
>> a bat gives a very small advantage, on the order of a couple
>> of percent in distance. But 5-10 extra feet taken over a
>> batter's entire fly-ball pattern over a season could mean
>> several more home runs and several fewer outs.
>
>I believe you are mistaken. Adair says the ball goes shorter, not longer. He
You're right. He does. I must be quoting someone else's
figures, then.
Adair's simplistic model of bat speed ignores moment of
inertia. So I don't think he's calculating the corked
bat's momentum correctly.
He does seem to account for the batter as part of the
bat system at impact, but doesn't seem to see that the
1.5 ounce reduction in total mass is almost irrelevant
to the effective mass of the system, but the bat-speed
increase is very significant to the momentum change.
>also says the faster bat lets you catch up with a pitch, hence more accurate
>swings. But NOT more homeruns. More hits, however.
As long as the bat is more than 2 times the weight of
the ball, swinging it faster should do more to increase
the rebound speed of the ball than losing mass does to
decrease it.
But, given that neither the bat nor the ball is perfectly
elastic, maybe it does actually reduce the distance the
ball ends up travelling.
Of course, if it causes the bat to explode along with
your career, it's certainly not a good move.
>Speaking of Adair, on TV he said Sammy's bat was NOT corked the way you
>described it. Adair said that is the way it USUALLY is done, but that
>Sammy's bat was ridiculously corked with a TRANSVERSE plug at about the
>midpoint of the bat. Adair laughed at this and implied there was no way this
>corking could have helped Sammy (to which I respond, then, was it really an
>illegal bat at all? To be illegal it has to help you or make the ball act
>funny. But Sammy's corking seems to have done neither.)
It's up to the umpire's judgment. He thought corking the
bat that way made it change the way it affected the ball,
so the out counted, the runners were sent back to their
bases, and Sammy was ejected and punished.
>Also, I read the top half of Sammy's bat disappeared during the game and
>only the bottom half was examined, which had the oddball transverse cork
>plug. Anybody know if this is true? Or who MADE Sammy's "crowd pleaser"
>bats? (FTR, I think Sammy cheated.) ;-(
They'll never find the guy who built those.
Maybe the barrel had more plugs in it, taking out even
more mass than the usual corked bat.
--Blair
"I preferred Mark Grace's corked bat." >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 29, 2003 Posts: 150
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(Msg. 35) Posted: Tue Jul 01, 2003 3:59 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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Don Simard <donsimard DeleteThis @cablespeed.com> wrote:
>
>It is an illegal bat because it was altered - end of story.
No, the rules say the umpire has to judge that the
alteration would make the ball go farther or act in
funny ways (fungo bats, e.g.).
--Blair
"And do it with the cameras on." >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 29, 2003 Posts: 150
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(Msg. 36) Posted: Tue Jul 01, 2003 4:00 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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telmaHmAI <telmahmai DeleteThis @socal.river_rafting.com> wrote:
>Top posting...sorry.
>
>Thanks Blair for some insight.
I just wish I'd actually checked Adair before contradicting
him. Now I have to go do the calculations and simulations
to see what the corking really does to the impact momentum
of the bat, because his formulae aren't appropriate, IMO.
Should take me ten, twelve years of spare time...
--Blair
"Gotta turn on my Argument from
Authority alarm." >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 01, 2003 Posts: 164
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(Msg. 37) Posted: Tue Jul 01, 2003 4:00 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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McDuck wrote:
> "David Marc Nieporent" <nieporen RemoveThis @alumni.princeton.edu> wrote in message
> news:nieporen-CFF08A.20053030062003@news.fu-berlin.de...
>
>>In article <DbKcnQ4uh6f5PGKjXTWJhw RemoveThis @comcast.com>,
>> "McDuck" <wallymcduckDELETEME RemoveThis @comcast.net> wrote:
>>
>>>"David Marc Nieporent" <nieporen RemoveThis @alumni.princeton.edu> wrote in message
Hey, guys - that's quite the discussion on the semantics of the
definition pf cheating, as those are some fairly compelling arguments.
I t seems you're both at an impasse regarding this topic, but I hope
I've actually found something relevant to the discussion that puts all
of this in prespective. I think it's pretty clear who is correct on
this matter, I hope this helps to settle it:
http://www.molybdnum.net/images/so.jpg >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 29, 2003 Posts: 150
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(Msg. 38) Posted: Tue Jul 01, 2003 4:20 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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Dick Sidbury <DrJamesSidbury.RemoveThis@hotmail.com> wrote:
>Could you cite the rule that allows you to infer that a corked bat is
>legal as long as it doesn't help the user?
Just happen to have the rule up on my screen...
http://mlb.mlb.com/NASApp/mlb/mlb/baseball_basics/mlb_basics_batter.jsp
"6.06
A batter is out for illegal action when
...
(d) He uses or attempts to use a bat that, in the umpire's
judgment, has been altered or tampered with in such a way
to improve the distance factor or cause an unusual reaction
on the baseball. This includes, bats that are filled,
flat surfaced, nailed, hollowed, grooved or covered with
a substance such as paraffin, wax, etc. No advancement
on the bases will be allowed and any out or outs made
during a play shall stand. In addition to being called
out, the player shall be ejected from the game and may
be subject to additional penalties as determined by his
League President. "
It's legal if the umpire says he doesn't think it helps
the user.
--Blair
"Lots of qualifiers there." >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 01, 2003 Posts: 1
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(Msg. 39) Posted: Tue Jul 01, 2003 4:49 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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Blair P. Houghton <b.DeleteThis@p.h> wrote in news:rH7Ma.3089206$CK1.463285
@news.easynews.com:
> telmaHmAI <telmahmai.DeleteThis@socal.river_rafting.com> wrote:
>>Top posting...sorry.
>>
>>Thanks Blair for some insight.
>
> I just wish I'd actually checked Adair before contradicting
> him. Now I have to go do the calculations and simulations
> to see what the corking really does to the impact momentum
> of the bat, because his formulae aren't appropriate, IMO.
>
> Should take me ten, twelve years of spare time...
>
> --Blair
> "Gotta turn on my Argument from
> Authority alarm."
That's okay, go ahead. I'm thinking of reading "War & Peace" in Russian.
Let's see who finishes first. <g>
mario
--
We will write our bodies with snow, the soul
remains a horizon >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 01, 2003 Posts: 1
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(Msg. 40) Posted: Tue Jul 01, 2003 8:13 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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My spider-sense tingled when "McDuck"
<wallymcduckDELETEME.RemoveThis@comcast.net> wrote:
>
>You did not know the meaning of a simple English word and made a sarcastic
>post saying I made up word meanings. I post the definition showing you were
>wrong --- not a little wrong, not a lot wrong, but 100 percent wrong. Now,
>instead of apologizing for being a total jerk, you made a new and even more
>ridiculous claim. Classy guy.
David's a lawyer. It's his job to be nitpicky with the meaning of
words.
Kimberly Murphy-Smith -- kamurphy.RemoveThis@ix.netcom.com
http://members.aol.com/kimmurphy/
Kimberly's Barbie Collection:
http://members.aol.com/kimmurphy/barbies.html >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 28, 2003 Posts: 58
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(Msg. 41) Posted: Tue Jul 01, 2003 11:22 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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"Kimberly Murphy-Smith" <kamurphy.RemoveThis@ix.netcom.com> wrote in message
news:0mu2gv8usc8jej9n5k9tevlt1gu3p0edqk@4ax.com...
> My spider-sense tingled when "McDuck"
> <wallymcduckDELETEME.RemoveThis@comcast.net> wrote:
> >
> >You did not know the meaning of a simple English word and made a
sarcastic
> >post saying I made up word meanings. I post the definition showing you
were
> >wrong --- not a little wrong, not a lot wrong, but 100 percent wrong.
Now,
> >instead of apologizing for being a total jerk, you made a new and even
more
> >ridiculous claim. Classy guy.
>
> David's a lawyer. It's his job to be nitpicky with the meaning of
> words.
>
So am I, of course. I'm happy for him to be careful about the meaning of
words. As you suggest, it is a lawyer's job. But he wasn't careful --- he
was flat-out wrong. Even a bad lawyer ought to know when to fold his case.
<grin> >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 01, 2003 Posts: 11
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(Msg. 42) Posted: Tue Jul 01, 2003 10:17 pm
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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"McDuck" <wallymcduckDELETEME.DeleteThis@comcast.net> wrote in message
news:O-WdnfQKTL8lO5yiU-KYgw@comcast.com...
> So am I, of course. I'm happy for him to be careful about the meaning of
> words. As you suggest, it is a lawyer's job. But he wasn't careful --- he
> was flat-out wrong. Even a bad lawyer ought to know when to fold his case.
> <grin>
Then lock up your briefcase, counselor, and ask the court for a mistrial.
The very first definition in the Oxford dictionary you supplied stated "act
dishonestly or unfairly in order to gain an advantage. " It is, by black
letter reading, an act of dishonesty. Act implies action which would
constitute a conscious decision made on the part of the accused. If Sammy
truly did not know he had picked up an illegal bat for use in regulation
play, he would not be a cheater. He is still guilty of breaking the rules,
but not of cheating.
Try this to help clear it in your mind: The rules say you can not use any
part of your uniform except your glove to catch the ball (rule 6.05). If
the ball were to accidentally strike your chest and then drop into your
glove you could have broken the rule but not cheated. You had not intended
on using any assistance in catching the ball but you still had. Granted,
Sammy should not have had the bat in his possession, but the preponderance
of evidence suggests that he had not used a corked bat in the past.
Therefore there is no reason to convict him at this time. If it were to
happen again in the future, then you would have a prima facie case of
cheating since he had insisted it had only happened once as an accident. >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jun 28, 2003 Posts: 58
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(Msg. 43) Posted: Wed Jul 02, 2003 1:00 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: per prev. post (more info?)
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"D Taylor" <nunyabiz DeleteThis @dontcall.com> wrote in message
news:GLnMa.162039$Xl.2584356@twister.rdc-kc.rr.com...
>
> "McDuck" <wallymcduckDELETEME DeleteThis @comcast.net> wrote in message
> news:O-WdnfQKTL8lO5yiU-KYgw@comcast.com...
>
> > So am I, of course. I'm happy for him to be careful about the meaning of
> > words. As you suggest, it is a lawyer's job. But he wasn't careful ---
he
> > was flat-out wrong. Even a bad lawyer ought to know when to fold his
case.
> > <grin>
>
> Then lock up your briefcase, counselor, and ask the court for a mistrial.
> The very first definition in the Oxford dictionary you supplied stated
"act
> dishonestly or unfairly in order to gain an advantage. " It is, by black
> letter reading, an act of dishonesty. Act implies action which would
> constitute a conscious decision made on the part of the accused. If Sammy
> truly did not know he had picked up an illegal bat for use in regulation
> play, he would not be a cheater. He is still guilty of breaking the
rules,
> but not of cheating.
>
Please re-read the definition. It says "act dishonestly OR unfairly in order
to gain an advantage." The Black letter definition says OR. It can be
dishonestly OR unfairly. Now read it again. Did you get it that time? <grin>
The word is "or," which is a word used to link **alternatives**.
Really, I'm not trying to be unfriendly or sarcastic. But the point I made
and am re-making with you is clear as day, with no ambiguity and no
possibility of some alternative reading. By the dictionary, you can cheat
either by dishonest conduct or by unfair conduct. You don't need both,
although usually you would have both --- that is, most cheating is probably
the result of both unfair and dishonest conduct.
<snip>
I snipped your example because it is not in point. Catching a ball off your
chest is not a violation of the rules of baseball because the rules have
been interpreted not to treat that conduct as a violation. You are correct
that one can very plausibly read the rule your way --- that is the most
obvious reading based only on the language. You can be pretty sure, however,
that if an ump did interpret the rule as you suggested, the rule would get
"clarified" to give the result we all live with --- fully acceptable
conduct..
Now, if you like Sammy and don't want to call him a cheat, that's fine with
me. I'm not trying to put Sammy down. I do believe that what he did
constitutes cheating in baseball, and he was suspended because, under the
rules, he cheated. Lots of people think he cheated on purpose and is making
up a story, and lots of people have decided to believe his story. I don't
know if he's a liar and offer no opinion on the subject. I'd like to think
he is telling the truth, but I just don't know.
I do agree with you, by the way, that not all violations of the rules of
baseball constitute cheating. Using a corked bat is cheating because it is
believed, perhaps incorrectly, that it gives an unfair advantage. The player
may not have intended to cheat, but he did cheat by failing to use the
proper equipment and thereby gaining an unfair advantage. I would not call
it cheating, for example, if the player gets tar on his bat above the
trademark, intentionally or accidentally. There is a rule against it, but
apparently the only penalty is to be asked to get another bat.
And I also do not think the definition I quoted resolves the question of
whether using an unfair bat is cheating. All it resolves is that the word
"cheat" is defined in a standard dictionary to not require intent. I quoted
that definiton because some ill-mannered know-it-all sarcastically accused
me of making up the definition of the word. He was dead wrong, and I point
out his error, perhaps with excessive vigor.
As an aside, although I'm trained in the law (and have trained many others
in the law), I am not a counselor. <grin> And I don't have a briefcase that
locks. And I have no idea what grounds I would have for a mistrial, even if
your reading of the dictionary definition were correct.
McDuck >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 02, 2003 Posts: 2
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(Msg. 44) Posted: Wed Jul 02, 2003 6:41 am
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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Lance Freezeland <lbfjd.TakeThisOut@altamont.net> wrote in message news:<m7bufvch1rlfc6bi6e9sfp182kee5ium9o.TakeThisOut@4ax.com>...
>
> Did you see the Marlins pitcher get hit in the head with the line
> drive off the bat of Todd Walker the other night? If MLB adopted
> aluminum bats, there would be a dead pitcher within the first year.
>
What's wrong with having *that* possibility?
IMO, it would assist cleaning up the gene pool.
If a pitcher can't be ready as an infielder after the ball leaves his
hand (something that is taught in Little League), then f*ck him.
Yep, let's make baseball more like Thunderball (James Caan)
< /sarcasm > >> Stay informed about: Aluminum bats in Major Leagues? |
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Since: Jul 02, 2003 Posts: 1
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(Msg. 45) Posted: Wed Jul 02, 2003 3:15 pm
Post subject: Re: Aluminum bats in Major Leagues? [Login to view extended thread Info.] Archived from groups: alt>sports>baseball>atlanta-braves, others (more info?)
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OK, Please move this discussion to alt.flame.cubfan.loser.lawyers
McDuck wrote:
> "D Taylor" <nunyabiz.DeleteThis@dontcall.com> wrote in message
> news:GLnMa.162039$Xl.2584356@twister.rdc-kc.rr.com...
>
>>"McDuck" <wallymcduckDELETEME.DeleteThis@comcast.net> wrote in message
>>news:O-WdnfQKTL8lO5yiU-KYgw@comcast.com...
>>
>>
>>>So am I, of course. I'm happy for him to be careful about the meaning of
>>>words. As you suggest, it is a lawyer's job. But he wasn't careful ---
>>
> he
>
>>>was flat-out wrong. Even a bad lawyer ought to know when to fold his
>>
> case.
>
>>><grin>
>>
>>Then lock up your briefcase, counselor, and ask the court for a mistrial.
>>The very first definition in the Oxford dictionary you supplied stated
>
> "act
>
>>dishonestly or unfairly in order to gain an advantage. " It is, by black
>>letter reading, an act of dishonesty. Act implies action which would
>>constitute a conscious decision made on the part of the accused. If Sammy
>>truly did not know he had picked up an illegal bat for use in regulation
>>play, he would not be a cheater. He is still guilty of breaking the
>
> rules,
>
>>but not of cheating.
>>
>
> Please re-read the definition. It says "act dishonestly OR unfairly in order
> to gain an advantage." The Black letter definition says OR. It can be
> dishonestly OR unfairly. Now read it again. Did you get it that time? <grin>
> The word is "or," which is a word used to link **alternatives**.
>
> Really, I'm not trying to be unfriendly or sarcastic. But the point I made
> and am re-making with you is clear as day, with no ambiguity and no
> possibility of some alternative reading. By the dictionary, you can cheat
> either by dishonest conduct or by unfair conduct. You don't need both,
> although usually you would have both --- that is, most cheating is probably
> the result of both unfair and dishonest conduct.
>
> <snip>
> I snipped your example because it is not in point. Catching a ball off your
> chest is not a violation of the rules of baseball because the rules have
> been interpreted not to treat that conduct as a violation. You are correct
> that one can very plausibly read the rule your way --- that is the most
> obvious reading based only on the language. You can be pretty sure, however,
> that if an ump did interpret the rule as you suggested, the rule would get
> "clarified" to give the result we all live with --- fully acceptable
> conduct..
>
> Now, if you like Sammy and don't want to call him a cheat, that's fine with
> me. I'm not trying to put Sammy down. I do believe that what he did
> constitutes cheating in baseball, and he was suspended because, under the
> rules, he cheated. Lots of people think he cheated on purpose and is making
> up a story, and lots of people have decided to believe his story. I don't
> know if he's a liar and offer no opinion on the subject. I'd like to think
> he is telling the truth, but I just don't know.
>
> I do agree with you, by the way, that not all violations of the rules of
> baseball constitute cheating. Using a corked bat is cheating because it is
> believed, perhaps incorrectly, that it gives an unfair advantage. The player
> may not have intended to cheat, but he did cheat by failing to use the
> proper equipment and thereby gaining an unfair advantage. I would not call
> it cheating, for example, if the player gets tar on his bat above the
> trademark, intentionally or accidentally. There is a rule against it, but
> apparently the only penalty is to be asked to get another bat.
>
> And I also do not think the definition I quoted resolves the question of
> whether using an unfair bat is cheating. All it resolves is that the word
> "cheat" is defined in a standard dictionary to not require intent. I quoted
> that definiton because some ill-mannered know-it-all sarcastically accused
> me of making up the definition of the word. He was dead wrong, and I point
> out his error, perhaps with excessive vigor.
>
> As an aside, although I'm trained in the law (and have trained many others
> in the law), I am not a counselor. <grin> And I don't have a briefcase that
> locks. And I have no idea what grounds I would have for a mistrial, even if
> your reading of the dictionary definition were correct.
> McDuck
>
> >> Stay informed about: Aluminum bats in Major Leagues? |
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