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Tuesday, March 20, 2007
Close Encounters of The Stern Kind: Danny Ainge Fined But 1) was that rule actually violated; and 2) even if Ainge violated the rule, does it make much sense? Let's take the first question first. It should be noted that Ainge sat next to Durant's mom and not him. The rule expressly prohibits contact with the college players, although the NBA is interpreting it to also include family members and "advisers." Notwithstanding what I think about the rule, I believe the NBA is making the correct interpretation: it would seem to be in the spirit of the rule for it to extend to immediate family members of the player, otherwise there would be a rather jarring loophole. It should also be noted that Ainge's contact with Durant's family was unintentional; their seats for the game happened to bring them to the same place, five rows behind the Texas bench. Having said that, the NBA's rule appears to be based on strict liability; intent, or even a lesser element like recklessness or negligence, does not seem to be required. But the second question is perhaps more intriguing: Why does this rule even exist? After-all, it's not like Ainge, or any NBA executive, could actually recruit Durant by speaking with him or his mom. That's because the NBA, like other major sports leagues, employs an amateur draft, meaning college players are not free agents. Moreover, even if the Celtics tried to lose enough games to secure the second worst record, which they presently "enjoy", they may not wind up with second overall pick--and as all of us Celtics fans know, sometimes a weighted lottery doesn't work out the way it should (i.e., Tim Duncan should really be a Celtic, but isn't. I still haven't gotten over that). In fact, securing the second-worst record only provides the Celtics with a 38.9% chance of landing one of the top two picks. Now, I suppose NBA Commissioner David Stern could say that by sitting next to Mrs. Durant, Ainge might somehow try to persuade her that if the Celtics don't land the second pick, then she should convince her son to holdout from whichever team drafts him and then demand a trade to the Celtics. Or maybe Durant's grandmother is really the influential one, and Ainge could try to employ the same plan with her. Or maybe its the step-dad. Or maybe these are far-fetched ideas that sound in paranoia, rather than reality. Another possible and perhaps more legitimate NBA concern: Danny Ainge might encourage Mrs. Durant to convince her son to declare for the NBA draft, rather than to stay at Texas. This concern seems more plausible, especially since the NBA seems intent on protecting the NCAA and its member schools, which obviously make a ton of money off the free labor of these players. Henry Abbot over at his new home for TrueHoop--ESPN.com (congrats Henry)--explains in his post "The Myth of Amateurism" why this rationale may not be the most meritorious, even if it is commonly mentioned. One last contextual point: the fining of the Celtics for Danny Ainge's "inappropriate contact" is the latest in a string of recent NBA fines of NBA executives for comments or actions related to potential draft picks. Namely, the Charlotte Bobcats were fined $15,000 for comments made by co-owner/CEO Michael Jordan regarding Durant, and the Golden State Warriors were fined $15,000 for comments made by coach Don Nelson about Durant and presumptive number one overall pick, Greg Oden. 11 Comments:
The Celtics???? I know the Celtics had two shots at getting Tim Duncan that year, but . . . Professor McCann, try being a Denver Nuggets fan in the '90's--twice the Nuggets had the worst record, twice the Nuggets didn't even get a top-three draft pick.
Maybe its time to go after the networks as well--how many TV commentators have implied both Kevin Durant and Ohio State's Greg Odin "would be coming out this year"? One has to wonder if those comments also are having an effect on both of them--more so than Danny Ainge talking to Durant's mom. (Heck, why shouldn't she take advantage of a rare opportunity? How often do we get a chance to talk to a former NBA player, almost one-on-one, about what's it like in the league now, and whether he should come out early or stay in school.)
Ayatollah Stern strikes again.
I guess I understand the strict liability standard, but I would think the rule is geared for the guys who won't be drafted.
hi guys
Seems like the whole thing hinges on how unintentional it was that Ainge ended up sitting with the Durant family. I'm prepared to believe it's true, but how do we know it to be so?
Great post, Mike!
Mike, I would also add that the NBA and Players Association probably believe they benefit financially from the rule. The longer Durant and others are ringers in the NBA, the more press and goodwill value they accumulate. So by the time the player gets to the league he is a better known, more marketable commodity. And since the pay scale is rigged, teams have every incentive to maximize the rents inuring to them from this closed market in every possible way including fining one of its members for contravening the stategy. I don't like it one bit, but it is rational and what makes David Stern the don he is.
"NBA rules prohibit team executives from contact with college players until they officially declare for the draft."
Thank you all for these excellent comments.
I'd much rather have garnett than durant. Look at this love letter to Ainge!
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