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Susan Fugazzi of Williamstown received the MAE degree in Read Write Specialist P to 12 during University of the Cumberlands (UC) annual commencement ceremony on May 5 in the O. Wayne Rollins Center.
Cumberlands recognized its largest graduating class, 483 students, for receiving bachelor's degrees, master's degrees, and doctoral degrees.
This graduating class was able to accumulate over 50,000 hours of community service during their tenure at UC.
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Two and a half years ago, Bruce Throne ran for a seat on the state's Public Regulation Commission, but he wasn't doing it to jump-start a political career.
"In fact, I wasn't very interested in winning," Throne tells SFR. "I did it to make a point: This is a technical job for people who understand the law."
Throne argues that PRC commissioners shouldn't be elected, but appointed, because they could be unqualified for the job. "We're electing commissioners that should be vetted," he says.
The most recent sign of PRC dysfunction came June 21, when the New Mexico Supreme Court struck down the commission's ruling on the third and latest phase of the Alternative Form of Regulation, a regulatory document that sets much of the state's telecom standards. Those opposed to AFOR argued that it gave Qwest too much leeway in potential predatory pricing.
The court ruling now forces the PRC to go back and hear input from new parties, particularly TW Telecom, a small provider and player in the AFOR negotiations, whose protests led to last week's high court ruling.
Lyndall Nipps, TW Telecom's vice president of regulatory affairs, says the disputed regulations would have allowed Qwest to raise rates without informing ratepayers. "It would have taken away transparency," he says. "Since Qwest is the dominant provider [in New Mexico], we felt that this was something that should be addressed."
In the court's majority opinion, Justice Petra Jimenez Maes writes that because the PRC imported a ruling from a 2009 case in which TW didn't participate, "an essential element of due process, the opportunity to be heard, was violated."
The 2009 case involved Qwest and Cyber Mesa Telecom, a small provider based in Santa Fe that had accused Qwest of selling basic telephone services at a below-market price.
"We were upset because Qwest was trying to do a promo and give away three free months of service," Cyber Mesa President Jane Hill tells SFR.
Cyber Mesa feared that Qwest, a giant in an industry scant of competition, was using the promo to drive smaller providers out of the market. The PRC allowed Qwest to go through with the promotion anyway.
Then, in a rush to renew AFOR, the PRC used the Cyber Mesa decision as a basis for new regulations—essentially excluding TW from the rule-making process.
"They introduced findings from a case we weren't involved with to one we were involved with," Nipps says, so TW appealed the ruling. Attorney General Gary King also jumped on board, arguing that TW didn't have a chance to express concerns about Qwest's pricing methods.
Qwest, now known as CenturyLink, wouldn't comment on either case, stating that it's waiting to see how the PRC will react to the Supreme Court decision first.
Robert Thormeyer, a spokesman for the National Association of Regulatory Utility Commissioners in Washington, DC, argues that many critics of regulatory bodies don't understand the difficulty involved in the regulatory process and that regulatory bodies are subject to unfair criticism.
But to some, the PRC's way of applying its own rules screams incompetency.
"The problem is people run for the PRC because they want to make $90,000 a year," Hill says. "They don't know anything about telecom and other rates."
The Qwest case also caused infighting within the PRC. Commissioner Jason Marks dissented on the renewed regulations, giving the same due process argument the Supreme Court later adopted. Marks says the high court decision is a "reminder to the commission that you can't shoot from the hip."
TW Telecom, which says it's pleased with the Supreme Court ruling, will share its concerns with the PRC between now and July 6, after which commissioners will decide which issues to re-examine.
None of the current squabbling, however, affects a ruling that allows CenturyLink to raise basic service prices by $3 per customer over three years.
The new hearings may also come too late for smaller companies to benefit from them. Cyber Mesa isn't participating, mainly because it can no longer afford to keep up with the long litigation process.
"It doesn't do us any good now," Throne says. "The damage is already done."

subset: commoncrawl


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I don't even know what to say. I've typed multiple paragraphs and then just delete them because I am a total stranger & a nobody to you, but I just want to somehow say something that will help to comfort you and your grieving wife. I can't even swallow the apple that is stuck in my throat thinking about your sweet son. I'm going to hug my kids a little tighter and be a little more available to them because I know you would give anything for that chance right now.
God bless.


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BP Comment Quick Links
July 23, 2014
2014 Draft
The Anatomy of an Astros Breakdown
As the clock struck seven on the evening of June 5th, the Houston Astros stared with wide eyes at a deep draft board. The organization held a handful of early picks and $13,362,200 in available spending, the most of any team, putting it in an position to load up its minor-league system with high-level draft talent. But 42 days and 22 hours after the Astros announced the first selection of the 2014 draft, the front office somehow found itself with one of the lightest pulls of the draft, a bruised reputation, and public scorn from both the MLB Players' Association and one of the game's most high profile agents.
This was only the third time in the history of the draft, and the first time in 30 years, that the first overall pick had failed to come to terms with his drafting organization. The impasse was especially notable because the two sides had appeared to agree to terms quickly after the draft, a month before the signing deadline.
What follows is a summary of the players involved in this drama, an analysis of the sequence from draft day to the signing deadline, and some conjecture as to what lies ahead for each of the participants.
The Players
Brady Aiken (LHP, Cathedral Catholic (San Diego, CA)), a UCLA commit, was a consensus top three talent in the 2014 draft class, considered by many to be the top overall draft-eligible prospect. He entered June offering potential front-end stuff, good athleticism on the mound, physical projection, projection in his arsenal, and advanced feel for a prep product, all from the left side.
Jacob Nix (RHP, Los Alamitos (Los Alamitos, TX)), also a UCLA commit, was considered a developmental project, but one with solid upside, drawing mid-rotation projections from some. Due to the perceived strength of his commitment to UCLA, most figured it would take seven figures, and perhaps as much as $2 million, to buy him away from the Bruins, making him a likely target later in the draft for teams with a spending pool surplus.
Casey Close, agent and advisor with Excel Sports Management, is one of the most highly decorated, and respected, agents in the game, and served as advisor to the Aiken and Nix families in connection with the draft. NCAA rules stipulate that in order for students to maintain eligibility they must not (among other things) engage an agent to represent them in negotiations with professional sports teams. Accordingly, a player may hire an "advisor" to step them through the process and give advice in negotiations, but the only individuals who may interact directly with the team and its representatives are the player and his parents or rightful legal guardians.
The Houston Astros. Outside of the Miami Marlins, no team in baseball could even come close to Houston's ability to add significant talent from the 2014 pool of draft-eligible players. The Astros were allowed more than $13 million in potential spending. Further, the combination of picks gave them more "opportunity leverage" than any other team, as they could expect to receive more value at some draft spots than they would pay in bonuses. Overall, the organization had the first overall selection, three selections in the top 42, and five selections in the top 106—all in a very deep draft class.
Setting the Stage
Breaking Down Houston's Draft Class
One upshot of the strategy this year is that it provides a clear tell of where the organization expected to spend its pool allotments. Upon completion of the draft on June 7th, it was announced that Aiken and the Astros had agreed in principle to a deal for $6.5 million, strongly hinting that the two sides were on the same page prior to Aiken's selection, common for a first overall selection.
With around $7.9 million allotted to the Astros for the first overall pick, Houston would thus save $1.4 million, which could be spent elsewhere in the draft to help sign a player who required more money than his draft slot allotment otherwise allowed. There were only two candidates in Houston's first 22 picks that would reasonably require such a bonus: Nix (fifth round) and Marshall (21st).
Under the new Collective Bargaining Agreement, only draft picks in the first three rounds are "protected," such that a team failing to sign the player receives a compensation pick in the following draft year. Because the Astros elected to use a non-protected, relatively early round pick on Nix, we can safely assume that selection was made with a high level of confidence that a deal could be reached.
The other evidence that the Astros believed they would sign Nix is that we don't see any sort of "backup plan" for that $1.4 million, outside of Marshall. What's interesting about this is that Marshall was selected a good five to 10 rounds later than you would generally see a team choose a "backup" for a potentially difficult early-round sign. That is, if a team truly expects there might be a chance that an early round pick will not sign, you generally see that team provide itself an out with a specific target just outside of the top 10 rounds (the top 10 rounds being the rounds that produce the organization's pool allotment, and therefore generally reserved for players the team is confident it will ink). In order for the Astros to end up with Marshall, 29 teams had to pass on him roughly 20 times apiece—hardly an indication that Marshall, as a specific target, was a high priority.
We saw the Astros take this "fallback" approach in 2012 when they popped Hunter Virant in the 11th round as insurance for Rio Ruiz, a fourth round selection believed to require an over-slot investment in order to sign. (The Astros ultimately secured his services at a cost of around $1.8 million). Conversely, in 2013 Houston had relative cost certainty in their top 10 picks, with 10th rounder Austin Nicely the only selection likely to require significant over-slot investment. (He signed for around $600,000, with around $475,000 of that bonus available thanks to first overall selection Mark Appel's below-slot deal.)
Without belaboring the point, the composition of Houston's 2014 draft class, and the lack of a traditional "backup plan" selection in the first few rounds outside of the top 10, point to three facts: 1) The Astros had relative cost certainty with their picks in the top ten rounds, 2) the Astros were not looking to significantly leverage back-up options in closing the deal with Nix, and 3) Houston really wanted Nix and Aiken. And it expected to sign them.
June Timeline
A deal in principle between the Astros and Aiken was announced just days after his selection. Shortly thereafter, news leaked that Nix was believed to also have a deal in place for $1.5 million, which left a few hundred thousand dollars of wiggle room for the Astros to complete the remainder of their negotiations.
Aiken and his family flew to Houston to complete his physical and sign his paperwork, with the Astros undoubtedly excited to announce his formal signing and introduce him to the Houston fan base. But an MRI revealed "issues" with Aiken's elbow and the Aikens left Houston without a deal. Sources have indicated the issue with Aiken's elbow is structural, intrinsic to Aiken's elbow—not a matter of existing injury or damage. The Astros have not claimed Aiken is injured, and the SoCal prep product closed his year throwing comfortably in the mid-90s, both in high school game action and in pre-draft workouts.
After the physical, the formal offer of $6.5 million was pulled. Houston instead submitted the minimum formal offer required to ensure a 2015 compensation pick if Aiken didn't sign (40 percent of the slot allotment, around $3.2 million in this case), as well as an informal offer of $5 million, a further $1.5 million discount from the initially agreed upon bonus.
That specific discounted amount would free up just enough money to make an earnest run at signing Mac Marshall. Per John Manuel of Baseball America, Houston did just that, reaching out to Marshall around the time that Aiken's $6.5 million offer was pulled off the table. The inference is that the Astros were still very much interested in signing Aiken, but only for an amount that would allow them to sign Marshall, as well.
At this point the breakdown in negotiations took a hard turn, as Casey Close escalated the dispute to a public matter, stating that "we are extremely disappointed that Major League Baseball is allowing the Astros to conduct business in this manner with a complete disregard for the rules governing the draft and the 29 other clubs who have followed those same rules." Houston countered by noting they believed they were acting in accordance with MLB rules and had been careful to ensure compliance throughout the negotiating process.
The signing deadline passed on Friday, July 18th. Per Major League Baseball's draft rules, the failure to sign Aiken meant the Astros lost their access to the entire $7.9 million allotment for the first overall selection. With that allowance gone, Houston no longer had the savings needed to sign Nix and, accordingly, pulled his offer as the deadline passed.
While this is not the first time a high draft pick has failed to sign, this is by far the ugliest such incident under the new Collective Bargaining Agreement, with the top overall selection and his drafting team disagreeing about an MRI, and a third party (Nix) caught in the fallout. From the failed physical onward, the negotiations were dysfunctional enough to cause the player's advisor to go public, and to cause the MLBPA to issue a scathing statement after the signing deadline passed:
"Today, two young men should be one step closer to realizing their dreams of becoming Major League ballplayers. Because of the actions of the Houston Astros, they are not. The MLBPA, the players and their advisers are exploring all legal options." —Tony Clark, Union Head
The ultimate resolution left no party happy, and it left the Astros' front office with yet another piece of bad PR to add to the growing pile. So who is to blame, and how could this have been prevented?
Understanding BATNA; Where the Astros Lost Their Leverage
At the top of the draft, leverage is fairly balanced, as a general matter. Teams are seldom, if ever, interested in risking the loss of their largest slot allotment and highest valued talent acquisition, while players are highly incentivized to grab the big payday that comes at the top of a draft, rather than risk injury or poor performance in subsequent years. Because both parties are highly incentivized to reach an accord, a great deal of resources are put into vetting potential draftees to make sure their bonus expectations and the drafting team's spending expectations align.
As variables are introduced to a negotiation, that leverage can skew to one side or the other. One example of a variable resulting in the drafting team having extra leverage would be a late season injury, like we saw this year with Jeff Hoffman (drafted 9th overall) and Erick Fedde (drafted 18th overall). Because of the timing of those injuries, neither pitcher had a good alternative to signing. They are unlikely to be back at full strength in time to demonstrate their health before next year's draft. Accordingly, we saw both Fedde and Hoffman fall deeper in the draft than a healthy version of each would have lasted, and both drew bonuses well below what was expected prior to their injuries. The drafting teams get the big upside at a discounted price in order to account for the shift in leverage.
Conversely, a high school player or underclass collegiate draftee might have natural leverage due to his ability to head to a four-year school and attempt to grow his draft value (though the closer the top of the draft, the less that leverage matters, as the player will have a harder and harder time improving his stock the next time around).
One recent example of a player creating leverage for himself is Kevin Gausman.
Gausman was drafted fourth overall by the Baltimore Orioles in 2012. He and his advisors were able to drag out negotiations until late in the process, eventually identifying a point when Baltimore looked unlikely to reach agreement with some late round over-slot draftees. That left an excess of pool allotment, which Gausman demanded and ultimately received. The argument, in flat language, goes something like this: "We both know you are a rebuilding club that can't afford to lose your top draft pick, and we both know you don't have anything else to spend that pool allotment on. Give it to me."
This can be a tricky argument to make, but Gausman had some built-in leverage as a draft-eligible sophomore, and the excess he demanded was not so much that it would sour Baltimore on its investment. This year we saw the White Sox short-circuit any ability of the player and his advisor to create leverage by signing all of their picks before turning to their first selection, Carlos Rodon (who went third overall). The Sox knew Rodon was looking for an over-slot deal, even at third overall, and by signing their other picks they were able to create a cap on what Rodon could ask for. He ultimately ended up with a bonus that was roughly 10 percent over slot, giving him and his advisor a deal they could happy with while avoiding a hard-nosed negotiation as they moved toward the signing deadline.
The Astros seem to have done a solid job of identifying their targets, and the aggregate expense of those targets. The selection of Aiken and Nix, as well as the relatively quick announcement that agreements were reached in principle, indicate that all parties were on the same page. However, Houston's comfort with its plan was also its undoing.
Because the Astros were so comfortable with the demands of their draftees and the amount of money the organization had to spend, the front office failed to build in an adequate failsafe for a complication that should be foreseeable, especially when selecting a pitcher: What if something unexpected comes back in the medicals?
There is currently no formal mechanism for teams to get access to pre-draft medicals (something that will likely be remedied in future CBAs), so organizations are left to review whatever the player decides to make available. Anything a player elects to be made available to one team must be made available to all teams. Because of this huge unknown hanging over these draft picks—particularly pitchers—it is incumbent on a front office to cover its bases and account for the possibility that the goods they plan to buy might have some unseen defects. To say this game planning is of paramount import when dealing with the no. 1 selection in an entire draft class would be a massive understatement.
As noted above, the Astros had essentially one fallback option in their draft class, and that was Mac Marshall. His demands seemed to match up with those of Nix, making him a fine fit to check the box on that front, but the team had no plan whatsoever to account for the scenario they were actually presented with. What if there was something non-catastrophic in Aiken's medicals that added to the risk profile?
All medical concerns are not created equal, and while the industry has found some level of consensus that, say, a frayed tendon is a significant concern, there is a large gray area. Multiple medical experts could disagree on the level of risk that should be assigned. That is where Aiken's "structural issue" falls. The result is additional leverage on the team's side, but that leverage is limited because the player's side might not agree on the level of risk—and, therefore, might not agree on how much leverage was lost. So long as there is relative uncertainty there, parties have to be reasonable as to the extent to which leverage in the negotiations has shifted.
The final piece here is the idea that simply saving money on the pick has limited utility. We will flesh this out below, but the best case scenario when additional risk surfaces with respect to a drafted player is that player is willing to take a discount such that you can now sign other players you have drafted, giving you a shot at bringing in and developing another asset that could save your organization millions down the line.
While we can't be certain that Aiken and the Astros would have reached an agreement at $6 million or $5.5 million, having one or two other backup options willing to sign for various bonus amounts would have given the Astros something else worth pursuing—options that split the difference between the full agreed-upon $6.5 million and a 20 percent slash.
The Astros painted themselves into a corner by not taking the simple step of spending even one additional pick in the top 20 or so rounds on a college bound player whose profile they found interesting and who could potentially be signed for somewhere between maybe $500,000 and $1 million. Instead, they put themselves in a position where only an indisputably significant condition uncovered in Aiken's medicals would free up enough money for the team to hedge its bets with additional acquisitions. When the Astros neglected to adequately plan for unknown medical complications they ceded any opportunity to leverage the results of those medicals.
Advising Aiken
Let's take a step back and look at Aiken's BATNA. He could go to UCLA with the hopes of following in the footsteps of Gerrit Cole, who was likewise drafted in the first round and turned down seven figures to honor his college commitment, emerging three years later as the top overall selection in the draft. That route carries with it three years of risk: potential injury, developmental blips, or even something as simple as dissatisfaction or discomfort with life in college or the coaching staff. (Note, in no way am I suggesting Coach Savage or his staff have any reputation for being difficult or not providing a fertile ground for development in the Bruins program.)
Aiken could also go the JuCo or independent-league route were he interested in retaining eligibility for next year's draft. This shortens the window wherein injury or developmental blips might sprout up, but also limits his exposure. That could impact his draft stock when organizations get limited views against inconsistent competition, while other draft-eligible players are in more traditional situations against top collegiate contemporaries.
In a vacuum, none of those options is particularly appealing when compared to a $6.5 million bonus, or even the $5 million "final offer" put on the table by Houston. So again we ask, should Aiken have simply sucked it up and grabbed the money?
Were the Astros able to create more leverage as a result of the medical findings, I have to think Aiken almost certainly would have been forced to sign a deal. That leverage could have come in the form of a more clearly discernable risk associated with the medical findings or a better BATNA for the organization. In each case, assuming that Aiken is indeed currently healthy and that there is indeed legitimate uncertainty about the level of risk that should be assigned to the "structural quirks" in Aiken's elbow, there just is not enough here for the Astros to shift gears from an agreed upon deal to a significant slash in bonus. There's not enough leverage to justify a hard line approach to negotiations.
The other side of that coin is that a healthy Aiken might be supremely confident in his ability to stay healthy for one more season, be it at a JuCo or with an independent team (likely working out for big-league clubs leading up to the independent-league seasons, which tend to start later than the early February start for JuCos). Add to that the fact that Aiken is one of the younger members of his draft class and you get a situation where Aiken would enter the 2015 draft younger than some of the top high school seniors.
Is that alone enough to make him pass on the $5 million final offer? Maybe not, but it certainly pushes the needle in that direction. The final variable to take into account: Is there anything specific to the drafting organization that would discourage Aiken from deciding to commit the next six to nine years, minimum, of his baseball life to the folks in charge in Houston. This is where the specifics of the negotiations, and the mounting bad press surrounding the organization, likely ultimately undid the Astros, and eviscerated any perceived leverage the organization thought it held.
Were I advising Aiken, the purported squishy nature of the Astros' concerns with his medicals would give me pause before swallowing a 45 percent discount on the slot allotment for the best player in the class. Adding to my wariness would be the coincidence that the team is adding an increased risk value that coincides exactly with the amount that another draftee is rumored to be asking for, and the team is rumored to have reopened talks with that player.
It would be impossible for me to move forward with advising negotiations thinking anything but that the organization is placing a higher importance on landing this other player than it is on reaching a good faith agreement with my client (Aiken). Assuming we were all in agreement that the agreed upon $6.5 million bonus should be reopened for further discussion, the idea that those negotiations should center around a figure that gives a 21st rounder his desired bonus would be highly frustrating at best, and devastatingly insulting at worst. The focus should be on reaching an amicable resolution with Aiken, then working to see if you can convince Marshall to sign for whatever is left over.
An ancillary issue to consider would be the struggles the Astros developmental staff has encountered in bringing along last year's no. 1 draft pick, Mark Appel, and the deliberate nature in which the Astros have been developing and promoting their prospects. Add to that the piggy-back approach to developing arms in the lower levels and you have a situation that has the potential to be less than welcoming. That is not to say the Astros are doing anything wrong on the developmental side. Only that there is at least enough here for Aiken and Close to have seriously considered whether waiting to be drafted by another club was ultimately a tolerable outcome.
Where Aiken and Close outmaneuvered the Astros, creating enough leverage to make walking away a worthwhile option, was in getting the MLB Players Association involved, putting added pressure on the Astros and the commissioner's office. While it's highly unlikely Aiken will be granted free agency, that is an option that the commissioner's office has utilized in certain circumstances in the past. By getting the Players Association on board for the fight, Aiken and Close strengthened the odds of Aiken being given the opportunity to avail himself to the market, even if it was only from, say, a two percent chance to a seven percent chance (both figures hypothetical examples).
The sum of the factors in Aiken's favor in a potential grievance hearing include (1) the Astros requesting a larger discount in bonus than we have otherwise seen in cases involving indeterminate medical conditions, (2) the Players Association commenting during negotiations that it was troubled by the way the Astros were conducting business, then releasing a statement after Aiken failed to sign indicating it would be looking into taking on Aiken's cause, (3) the Players Association having previously expressed concern with the Astros' treatment of service time issues and general payroll concerns, (4) Aiken by all accounts being fully healthy at this point in time, and (5) a general feeling of frustration in the industry with certain modes of operations employed by the Astros, including most recently the security slip-up that resulted in a database filled with private discussions with other organizations being made public. All of this is underscored by the virtual lotto ticket that is the commissioner's office's ability to grant Aiken free agency, which would likely land him a contract in excess of $30 million.
Taking all of this into account, was Aiken right to pass on $5 million? Time will tell. What we do know is the Astros seem to have completely botched the draft from beginning to end. First, by not building in adequate fallback options to give themselves a satisfactory outcome should something less than $1.5 million in additional risk pop up on the Aiken front. Then, by taking a hard-lined approach to negotiations while simultaneously slashing Aiken's bonus an additional 20 percent post-medicals—an approach that completely undersold the viable option Aiken had to walk away, healthy, and re-enter the draft next year as one of the youngest non-high school talents in the class.
Finally, Houston seems to have not even taken into account the fact that there is a non-zero chance that Major League Baseball could force them to honor their agreement with Nix. Were that to happen, the Astros would be well above their permitted draft spending per MLB rules, thanks to Aiken's slot allotment evaporating. This would cost them seven figures in penalties and the loss of their next two first-round picks. While this outcome, like Aiken being declared a free agent, seems unlikely, the fallout from such an occurrence would be such a disaster that its mere possibility actually tips the leverage further toward Aiken and Close. In other words, by the time last Friday rolled around Houston was somehow operating as if it had a clear upper hand in negotiations, while reality shows us no one needed a deal more than the Astros.
The totality of facts, as we know them, seem to indicate that Aiken might not be in such a bad position re-entering the draft in 2015. He also has an outside shot at free agency and a huge payday, and will not be shackled to an organization which he and his advisor have clearly come to feel operates in a craven and disingenuous manner. I hesitate to say I'd ever advise any amateur to turn down a significant seven-figure bonus, but in this instance I can't say I disagree with anything that Aiken and Close have done. In any negotiation, once you have reached a point where you feel the other side is not negotiating in good faith (whether that is perception, reality, or both) it is very difficult to get comfortable with any deal.
Should the Nix Agreement be Upheld?
Tackling the latter first: while a verbal agreement may be enforceable as a matter of contract law, Nix would first have to show evidence that the Astros' offer was unconditional and that he reasonably relied on the agreement to the extent that he suffered damages (e.g., that he told other teams not to draft him).
Were that the case, evidence of that arrangement would require the Astros and Nix to have reached a formal pre-draft agreement, which runs counter to MLB rules. Further, I would be shocked if the exchanges between the Astros and Nix showed no indication, explicitly or implicitly, that the bonus was contingent on that amount being available within the pool allotment.
Further complicating Nix's case is the fact that he was receiving advice from an experienced agent/advisor, whose expertise should have been such that he explained to Nix that being drafted does not ensure that a deal will get done, and that variables (including Nix's own physical) could lead to an agreed-upon deal falling through. Because of the nature of draft negotiations, it seems unlikely that a court would find an enforceable agreement in place until such time as the team and player have in place a signed deal approved by the commissioner's office.
As to whether Major League Baseball should, or could, force the Astros to honor their agreement with Nix, the case is a little stronger, but only because the commissioner's office can essentially do whatever it wants within reason. The big issue I see is with establishing precedent. The commissioner's office certainly doesn't want to give players and agent advisors incentive to try and subvert the pool allotment process. Further, as frustrated as Nix and Close must be with the fallout from the Aiken negotiations, absent a signed and submitted agreement it seems clear on its face that the Astros did not consider the Nix deal formal and had no intention of formalizing the Nix deal until Aiken was signed and the organization was certain to have adequate pool space to pay Nix the agreed-upon amount.
What's next for Aiken and Nix
Ideally Aiken and Nix will be able to attend UCLA or a junior college of their choosing, though the public nature of these disputes may push the NCAA to investigate the situation to make sure there was no violation of the "no agent rule." One would hope that the NCAA does not elect to go that route, but there is certainly a real threat that either or both of these UCLA commits could be suspended from participation with the Bruins baseball team for a period time, or even prevented from playing ball at UCLA. Junior colleges have looser eligibility rules, but it's conceivable they could be barred from pitching there, too.
If the college door is closed, Aiken and Nix will be forced to work out privately (or publicly) for pro teams next year and perhaps find an independent club with whom they can spend some on-field time in April and May leading up to the draft. This is less than ideal, but would still afford each player the opportunity to showcase his stuff and carve out an early round spot in next year's class.
We should also note that while there have been no public comments dealing directly with any negotiations between the Astros and Marshall, the public nature of these disputes could also lead the NCAA to take a cursory look into the matter.
What's the fallout for the Astros?
Houston takes a very college-centric approach to its draft, and as a matter of process time will tell whether they are investing their resources in the best manner. But if that is to be their focus, the organization is doing itself a disservice by not allowing for some flexibility in its negotiations with the high schoolers it does elect to draft. Of course, this becomes a non-issue if the team is comfortable with leaving some money on the table.
The impasse arose when the Astros decided (my assumption based on the facts before us) that it needed to be able to make a run at signing Marshall in order to make the Aiken and Nix signings worthwhile. They misunderstood Aiken's BATNA, soured Aiken on the organization, and have once again given fodder to critics who feel the organization is run in too analytical a fashion at the expense of relationship building and recognition of the human element.
That critique is one reserved for a different time and place. What should be evident to everyone, regardless of where you come down on the various issues at play in this odd draft drama, is that Houston's process failed this time around, turning best situation in all of baseball into one of the lightest talent pulls in the league, on paper. The organization has further estranged its relationship with the MLBPA and has put the commissioner's office in a situation where it will likely have to make some uncomfortable decisions as to the fate of Aiken and Nix, with the MLBPA watching closely and publicly invested in the outcome.
Failure to sign the top talent in the draft class over $1.5 million? Check. Lose the ability to sign your second or third most valuable draft asset (measured by bonus amount)? Check. Draw the ire of one of the most successful agents in the game as well as the further scorn of the MLBPA? Check. Leave open the possibility that the commissioner's office will force you to honor an agreement with your fifth rounder that will effectively cost you seven figures in draft tax and the loss of your next two first rounders? Check.
You would be hard pressed to script a believable failure larger in scope, and more sweeping in potential fallout, than what we've seen with the 2014 draft efforts of the Houston Astros.
Nick J. Faleris is a practicing structured finance attorney and Sports Industry team member in the Milwaukee office of Foley & Lardner LLP. The views he expresses at Baseball Prospectus are his own, and not necessarily
Nick J. Faleris is an author of Baseball Prospectus. Follow @NickJFaleris
72 comments have been left for this article.
BP Comment Quick Links
Jim ONeill
This is the stuff that makes me a BP devotee. Brilliant work, Nick.
Jul 23, 2014 04:56 AM
Great article. Thought you nailed the crux of the issue - that Houston completely misread Aiken and failed to recognize they had lost their leverage.
Jul 23, 2014 05:00 AM
Thanks! I agree, Houston's BATNA is to make the qualifying offer, get the 2nd pick next year and miss out on Aiken/Nix. I think the raising of the offer to $5 MM is most telling. Houston clearly didn't view the "abnormality" or whatever word you want to use as so problematic that they were flushing money down he toilet. At that point, I think you need to get the deal done and make sure you get Aiken and Nix -- then maybe see if you can convince Marshall to come along for the ride.
Jul 23, 2014 05:09 AM
Yup. You have to imagine there were a lot of surprised/gaunt faces in that Houston "war room" when Aiken faxed back "no" to $5mn.
Jul 23, 2014 05:33 AM
I disagree that the increase to $5 million indicates that the Astros valued Aiken at any where near that amount. They easily could have valued him at zero and it still would have made sense to make that offer. Given Aiken $5 million bought them $2.9 million in cap space - enough to sign Nix and Marshall.
Jul 23, 2014 09:54 AM
Houston definitely botched this up in a big way, but make no mistake that MLB (and the player's union) is very complicit in this due to the most recent CBA and the ridiculousness of the draft $ pool.
Jul 23, 2014 05:10 AM
One thing you did not touch upon was Houston's draft plan next year.
Jul 23, 2014 05:56 AM
Note, under the new CBA comp picks for unsigned draftees are protected for two years, so they will still have flexibility for one more year without worrying about losing the pick altogether.
Jul 23, 2014 05:59 AM
Thanks for the clarification. Is there a source online for that (I couldn't find one in a cursory search)?
Jul 23, 2014 06:29 AM
I'm looking at the rules -- not sure of an online source.
Jul 23, 2014 06:37 AM
Great piece Nick.
Jul 23, 2014 06:05 AM
I am not aware of a draftee switching advisors post-draft, pre-signing. I have heard of players switching advisors pre-draft.
Jul 23, 2014 06:19 AM
No, fair enough, I didn't want to insinuate Close did anything wrong. Nix was indeed unfortunately caught up as collateral damage.
Jul 23, 2014 06:47 AM
I don't like the fact that one team's inability to sign a player grants them another pick in a similar spot the following year. Other teams should not have their "earned" position dropped down a spot because of a team's failure the season before.
Jul 23, 2014 06:06 AM
Ed Carroll
Good god I felt like I was back in my contracts law class. But this was a fantastic breakdown of a messy situation. Thanks for it, Nick!
Jul 23, 2014 06:33 AM
Shaun P.
This is one of my favorite articles at BP - outstanding job, Nick, and fascinating analysis from the negotiator's point of view.
Jul 23, 2014 07:15 AM
Missing from this analysis (and this isn't a criticism; you did marvelously on the part of the situation within your field of expertise, which what I'm about to mention is not) is any information on just what the physical turned up and what its significance is. Confidentiality means that we may never know exactly what the physical found, but I do wonder: what precedent is there, other than R. A. Dickey, for would-be pitchers to succeed despite a "quirk" in the pitching elbow? What fraction of all drafted pitchers have something out of the ordinary going on with ligaments or bones or whatever? What is the outcome when they do?
Jul 23, 2014 07:18 AM
Nick - any speculation on your part if there was indeed a violation of the "no agent" rule?
Jul 23, 2014 07:58 AM
Sorry, no. I don't think it's appropriate to publicly speculate on that specific point.
Jul 23, 2014 08:14 AM
I' m sure it was, but courts have always found that rule isn't enforceable. Would be great if Aiken just went in guns blazing and sued the NCAA for trying to deny him representation as well.
Jul 23, 2014 08:16 AM
On the deadline day, there were reports that the Astros and Close were in direct contact. Those reports could obviously be incorrect, but all the NCAA would need to do is get the Astros's or Close's phone records to get certainty. If the reports are right then it's open-and-shut that Aiken violated the no-agent rule. Speculating on whetehr he did or not is 100% whether or not you believe the reports, although there's the possible ambiguity that since Close was advising both Aiken and Nix that it's unclear on whose behalf he was allegedly acting as an agent.
Jul 23, 2014 09:00 AM
"all the NCAA would need to do is get the Astros's or Close's phone records to get certainty"
Jul 23, 2014 09:39 AM
People comply with the NCAA because the NCAA can and will ban you for not complying. It's pretty simple.
Jul 23, 2014 10:40 AM
Pat Folz
From the horse's mouth: "Basically, we tried to engage the other side, Casey Close three times today." - Jeff Luhnow
Jul 23, 2014 15:48 PM
Sam Miller
BP staff
This is a fascinating theory, but a question: Are you saying he threatened Aiken's eligibility by talking to Close, or by publicly disclosing it? If the former, it seems probable to me that he'd already talked to Close plenty (remember, nobody thought it was remotely likely Aiken would go to college). If the latter, then he didn't burn Aiken until *after* the deadline was passed, after it was too late to create leverage. You might argue that he did that out of revenge, but of course if he wanted to get revenge he could just phone NCAA and tell them about his convos. So the latter seems unlikely. Actually, both now seem unlikely. This theory fascinates me less now.
Jul 23, 2014 17:02 PM
If the Astros believe Aiken is broken (worth less than 3.1 million), then all the frequently stated criticism is off base, and the only legit criticism is why they would throw away 1.9 million by later offering him 5 million. Presumably, that was a peace offering to Aiken at an amount which still allowed them to sign both Nix and Marshall.
Jul 23, 2014 08:34 AM
Some people are privy to a broader set of facts then others. I certainly don't think the Astros front office is stupid. I think the process that lead to their series of actions was flawed, and resulted in a very bad outcome for the organization.
Jul 23, 2014 11:36 AM
Well, if you know more facts that make my assumptions incorrect, this conversation is irrelevant. However, if Aiken was valued at less than 3.1 million by the Astros, their process would have to have planned for extreme contingencies to cover the scenario where he accepts the 3.1 million and they are left without enough over-slot picks to spend the excess. That very small risk is not worth planning for, especially with a 1.2 compensation pick as a desirable alternative.
Jul 23, 2014 12:00 PM
Here's another article that came out today with more specifics as to the medical condition -- would have linked to it had it been posted prior to this article going up:
Jul 23, 2014 12:13 PM
But you can't look at this as valuing Aiken, alone. You have to include Nix and Marshall. It appears the Astros would have deemed all 3 worth (in their opinion) overpaying Aiken.
Jul 23, 2014 12:48 PM
I touched on this below. Given the facts we have, including how the actual draft played out and how the timeline unfolded, I don't know that there is a convincing argument that the Astros valued Nix or Marshall enough such that:
Jul 23, 2014 12:56 PM
Put another way, if your decision to sign Aiken is contingent upon adding another player, you do yourself a disservice by limiting your possible additions to persons that will require $1.5 MM to sign.
Jul 23, 2014 12:46 PM
nick, in your opinion do you believe the Astros could have reasonably assumed any deal would be achievable with Aiken or Nix after the 3.1mm offer, assuming the 5mm offer to Aiken really did only come in the last minutes before the signing deadline?
Jul 23, 2014 09:06 AM
Sea Bass
IMO a last second offer with a discount of an amount needed to sign Nix and Marshall is more of a sign that they were not negotiating in good faith. Since nothing had changed from a physical standpoint on what basis would they have to bump up the offer by almost $2M other than squeezing Aiken and Close and hoping they would cave at the last minute.
Jul 23, 2014 09:31 AM
Jul 23, 2014 09:09 AM
You might be thinking of statue of frauds, which in part requires a sale of goods exceeding $500 to be memorialized in writing?
Jul 23, 2014 09:26 AM
Sea Bass
Seems to me that the Astros miscalculated the amount of ill will that had been generated. My guess is that they were confident that there was no way Aiken/Close would turn down $5M. And they could snap up all three (Aiken, Nix, Marshall). Instead they misread the situation and ended up with none of them.
Jul 23, 2014 09:25 AM
As has been frequently noted, the bonus for R.A. Dickey was slashed significantly (from 800k to 75k) when it was discovered that he had no UCL, even though he had been pitching fine without one and there is no surgery to correct the issue.
Jul 23, 2014 10:04 AM
Great stuff, for sure...semi-related to BillJohnson's comment, but not by much: what if the 'insignificant' medical report on Aiken turns out to be 'significant' and forces surgery or lost time, no matter where Aiken ends up or what he ends up doing within the next year or so? Sure, it doesn't change any of this...but would this alter some of the significant potential courses of action for the parties involved (namely, Close and MLBPA), and/or the perception of how the Astros handled this?
Jul 23, 2014 09:36 AM
The MLB draft is such BS. What's with the pool allotments? Where did they come from? Why wouldn't the top draft pick be eligible for whatever they're worth. Brady Aiken isn't worth 5, 6.5, or 7.9 million. He's worth closer to 30 million on the open market.
Jul 23, 2014 09:45 AM
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One has to suspend all rationality to accept this claim. If he was truly worth 30 million on the open market, Luhnow would pay as much as he could without losing draft picks, wait a year and then turn his investment into 30 million. No GM would turn down that return.
Jul 23, 2014 10:12 AM
Great piece, Nick.
Jul 23, 2014 09:58 AM
I see where you are going. My issue with Marshall being the key to an Aiken investment is that history tells us most draft picks (even seven figure draft picks, and especially high school pitchers) have a lot of obstacles to overcome in order for a drafting org to start realizing any ROI. If the Astros truly believed the investment in Aiken was doomed, why offer up $5 MM just for the opportunity to spend another $1.5 MM on a long shot profile? Isn't the organization essentially just paying $6.5MM for Marshall?
Jul 23, 2014 11:30 AM
If the Astros had simply offered the $5 million right after the physical, don't you think that Close would have advised his client to take it? I think this would have avoided the bad blood that the Astros foisted upon themselves by only making the minimum offer, and could have been a deal that Aiken might have been able to live with.
Jul 23, 2014 10:38 AM
Two questions: How does this compare to the Dylan Covey situation? Why did the Brewers no draw similar criticism?
Jul 23, 2014 10:46 AM
Covey was the party to walk away from the table, electing to attend San Diego while he learned to adjust his life to account for his medical condition.
Jul 23, 2014 11:34 AM
It seems to me that the Astros must have over looked the possible worst case scenario. In my eyes, even the slightest hint that the Astros could lose Aiken and Nix this year AND their first overall and the comp pick for next year should have been enough incentive to get a deal done at basically any cost. Either they missed it or they are gambling that it won't come to fruition. In either case, is that really what you want out of the guys who are in charge of turning this franchise around? I've been fully supportive of the franchise's chosen mechanism for rebuilding but with Appel looking like, at best a back end starter, and now this fiasco, it may be time for a change.
Jul 23, 2014 11:26 AM
Broken Arrow
One thing that might be being overstated throughout the coverage of the Aiken/Nix debacle is how this hurts the Astros in the future. After the Phillies reported two 2013 draft picks to the NCAA for illegally using agents, all of the news reports indicated how hard it would be for the Phillies to do business in the future, but once the 2014 draft rolled around, it was business as usual. I suspect most players and agents/advisers will have short memories.
Jul 23, 2014 11:51 AM
I can only relate this to settling personal injury cases, where it is considered extremely poor form to withdraw an offer once made. You might put a deadline on it, but you do not make it then withdraw it for a lower amount, and expect the other side to respond favorably.
Jul 23, 2014 16:01 PM
Randy Brown
I'm not an expert, but to answer a couple of the questions that you posed: (1) In most cases the number has been informally negotiated before draft day, so it would be impossible to have the physical completed before settling on a dollar amount. These teams all know what each player's "number" is before they draft them.
Jul 23, 2014 20:46 PM
Great article Nick, thought I had read everything I could about this situation but having your perspective as an evaluator and legal mind is really helpful.
Jul 23, 2014 17:42 PM
At the risk of sounding like a conspiracy theorist (or Astros apologist), perhaps the Astros felt that the player available at 1.2 next year was of equal value to Aiken + Marshall + Nix, after adjusting Aiken's value downward based on whatever the physical turned up. Maybe they determined that if they couldn't get Aiken to sign at a dollar amount that got them all 3 guys, they'd rather have next year's 1.2. Given they would have had to sour pretty substantially on Aiken, but are we in any real position to judge that valuation?
Jul 23, 2014 18:11 PM
I think this is one of those approaches that makes theoretical sense, but doesn't hold up in practice. There is so much uncertainty as to what the class will look like 11 months from now that it is tough to envision a scenario outside of a Harper or Strasburg whereby a team would be excited and confident enough to try and pull something like this off.
Jul 23, 2014 19:45 PM
Nick---best guess: were the Astros worried at all about the elbow ligament "Irregularity", or was this an opportunistic move to try to sign Marshall?
Jul 23, 2014 18:44 PM
Very interesting article and beautifully thought out.
Jul 23, 2014 18:58 PM
If he draft were held today, I wonder who the Astros would select with the #1 pick?
Jul 23, 2014 19:40 PM
Mike V.
Maybe they'd draft Brady Aiken again just to troll him. If any team would do it you'd think it would have to be the Astros.
Jul 23, 2014 20:23 PM
Nick - Does this fall on Luhnow ultimately? I would think there's got to be accountability for this ineptitude. It might be at the end of the season, but don't you think the captain should go down with the ship on this one?
Jul 23, 2014 21:09 PM
I think at minimum it would make sense for the Astros to audit their process and consider whether, in retrospect, there is anything they would handle differently. If so, how do they make sure they don't end up in a situation like this in the future.
Jul 24, 2014 05:54 AM
Jul 24, 2014 05:05 AM
Thanks! I don't think there is any way we revert to the old system, but there will undoubtedly be tweaks to how things are run.
Jul 24, 2014 05:54 AM
The spending limits will not go away for precisely the reason you mention- they stiff future players to effectively reward current players. The MLBPA doesn't want draft expenses to be large enough to impinge on MLB payrolls, and the owners benefit from being able to sign talent a lot cheaper. There might be some modifications made, but the spending caps will not go away.
Jul 24, 2014 09:41 AM
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Crafters, sculptors, painters, potters, musicians and metalworkers have all found a home in McGregor, and they have managed to set up a local art route where they sell their products straight from their studios.
The wellness side of McGregor is catered for in the form of retreats, meditation centres, massage services, tarot readings and healing body therapies.
McGregor was proclaimed in 1862. In the early 20th Century, there was talk that the Great North Road from Cape Town would pass through the village. Thankfully that never happened, allowing McGregor to retain its special nostalgic beauty.
A local Heritage Society works hard to maintain the historical significance of McGregor. An aesthetics committee is also in place, ensuring that any new building going up in McGregor adheres to a set of guidelines.
Travel tips & Planning info
Who to contact
McGregor Tourism Bureau
Tel: +27 (0)23 625 1954
Email: firstname.lastname@example.com
How to get here
McGregor is about 170km from Cape Town, or a two-hour drive. Take the R60 to Robertson, then turn south to the village.
Best time to visit
McGregor's mild climate makes it great for winter visits. Summers are hot, but quite bearable.
Around the area
Robertson and Route 62 in the Little Karoo are full of visitor-friendly destinations. Get a Route 62 guide from any of the filling stations or tourism offices in the area and spend a week on your adventures.
Get around
One of the delights of the village is that once you have arrived, most of the good spots are well within walking distance.
Length of stay
It's a comfortable long weekend stay.
Where to stay
The McGregor Info offices and website will have all the options available - to suit all pockets.
What to eat
There are a number of good eateries in the village.
What's happening
Check the McGregor Tourism website for dates of various events, like the Hands-On Harvest Festival, the Whacky Wine weekend and the McGregor Food and Wine Festival.
Best buys
Wines from Route 62.


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Six laid-back garments and accessories to wear around the home.
A lace panel up the center of this pillow cover adds a delicate touch to a brushed bulky weight yarn.
Knit in the round in one piece, this pillow cover works up quickly in garter stitch stripes.
Delicate lace leaves in a bulky weight yarn makes for stunning impact in this square throw blanket.
A simple textured stitch in a thick-and-thin yarn makes for quick knitting of a cozy blanket.
Pi knitting goes extreme with a brushed bulky weight yarn in easy to knit lace patterns.
Stitch pattern is charted.
Knit in pieces and seamed, this cardigan is worked in a thick-and-thin yarn and designed to be worn while sipping a cup of hot cocoa.
This collection of six knitting patterns is designed to maximize the comfort level of your downtime with bulky yarn.
Bold cables traverse the fronts and back of this seamless raglan sweater, topped with a cowl neck.
This cozy layering piece is knit from the top down with an oversized turtleneck and unique shoulder shaping.


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Manhattan Mania vs La Pura Vida
DJ (she's Dior Beauty's official spinner), musician (sometime bassist for Lissy Trullie), recent grad (Egyptology, NYU), model, and miss-of-the-moment Viera-Newton, 23, is used to seeing sunrises from being up all night. But three years ago she went fly-fishing with her father, Columbia Records president Ashley Newton, and fell in love with 5 a.m. from the other direction. Now Montana fishing trips have become an annual soul-detox. "I don't bring a phone, there's no Internet, and I count down to it every year," she says. We doubt there's anyone wearing waders better.
Viera-Newton deejaying at a L'Agence Eyewear event in NYC.
At the "amazing, remote" Missouri Riverside Outfitters & Lodge run by Leonard Gidlow, aka Arnie. "He's one of those rugged outdoorsmen you might see on National Geographic but can't imagine you'd ever spend time with in real life. He can do everything—he reads the rivers."
A cozy cabin at the Missouri Riverside Outfitters & Lodge.
ELLE 25 Summer Cocktail Party


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I worked at Rite Aid as a Pharmacy Technician for a couple of years. One of the reasons that I became a pharmacy technician was because I was given the impression that I would get paid enough money to make it worth my while. (Wrong!)
When I started to work there I had been promised better pay raises (which never happened) and there came a time when I could make more money staying home than going to work. And then there was the fact that the newest pharmacist acted like a bully, and I decided that there was no reason in the world for me to go to work to be bullied if I could stay home and make more money selling life insurance and not be bullied. There were a lot of incidents, but the final straw was the day that he told me that I could not use the bathroom or get a drink of water unless it was my break.
That was the day I turned in my resignation! Sorry, boss, you don't tell an American female employee that she can't go to the bathroom unless it is her break! I did not walk off the job that day, I turned in a two week's notice. If I could have arranged to stay there and work only the days that the "nice" pharmacist worked I would probably still be there.
I know that during my brief tenure there, I brought in many customers, and the sales increased substantially. It's amazing what a difference a smiling face makes, you know what I mean?
I loved most of the customers, (and I miss most of them too) and I hope that I made their days a bit brighter when they came in to pick up their order. I miss some of the co-workers, too. I stopped working there June 16, 2011. On my last day of work, I read this self-composed poem aloud to the co-workers that were working with me.
My Retirement Poem
I've worked hard and that's for sure
My motives always have been pure
Many customers I could lure
To this place to seek their cure
My smiling face they'd come to see
A joke, a song, a laugh for free
A friendly call "how do you be?"
Many became friends to me
Grow the business I would try
One more item would they buy
Would not let their children cry
Lollipops would dry their eye
Conversations short and long
Belting out a silly song
Helping others to stay strong
Roll my eyes when boss is wrong
Count the pills, take out the trash
Taking in the customer's cash
Looking at a baby's rash
Wearing earrings oh so brash
I've worked here now too many years
Calming down the patient's fears
Greeting victories with my cheers
Ignoring the old geezer's leers
For me to leave, this is the day
But not before I've had my say
My youth is gone my hair is gray
Finally my turn to play
Retirement has come to pass
Finally to this long-haired lass
So put some bubbly in my glass
Bend your knees and kiss my ass!


text:
Rumors coming from @ArenaSeattle that the Maloofs have sold the Kings to Seattle. Could be what Mayor McGinn's press conference is about.
To recap: Daina Falk (@TheHungryFan) started the Kings-sold-to-Seattle rumors. Daina is the daughter of NBA agent David Falk.
RUMOR has it that the Maloofs sold to Seattle!!!!! Just a rumor, but Mayor McGinn has a press conference tomorrow. Can't wait to wake up!!


text:
Imagination Demonstrates PowerVR Series6 Rogue on LG's H13 SoCby Brian Klug on 1/12/2013 8:26 PM EST
6 Comments
Back to Article
Camzl1 - Saturday, January 12, 2013 - linkI love the photos and how the laptops are running some Version of Ubuntu and unity and the window logo sticker still stuck to it. Reply
Daniel Egger - Sunday, January 13, 2013 - linkWow, those are really bad. I take it they've been taken with the famous Samsung Android camera you talked so vividly about in the podcast? Reply
Alexvrb - Sunday, January 13, 2013 - linkHey... you don't buy a Samsung for the camera. You buy it for the... uh... well you just buy it.
All jokes aside, other than the camera, I've had good luck with Samsung hardware in the past. Good build quality, compared to my experience with LG and HTC anyway. Unfortunetely the only decent Samsung WP8 device (Ativ S) got skipped over by Verizon (Andrizon? Veridroid?) and instead they launched "baby brother" Ativ Odyssey.
I might give Nokia a whirl though. Owners of 820 (and derivatives) and 920 seem quite happy, plus they've got some nice exclusive free software (which can be removed without rooting if I don't like any of it, and redownloaded at will). Reply
KitsuneKnight - Sunday, January 13, 2013 - linkDaniel wasn't talking about the camera on Samsung's phones, but the "Samsung Galaxy Camera"... which is a point-and-shoot camera that runs Android, that they talked about in the latest podcast. Reply
Brian Klug - Sunday, January 13, 2013 - linkWhich ones do you think are hideously bad? I though the board shots and most of what comes out of that camera (while not DSLR or micro 4/3rds level) is pretty decent.
-Brian Reply
Daniel Egger - Monday, January 14, 2013 - linkThe first one with Volumetric Lighting is really awful, the one with the AA comparison seems to have some really nasty compression artifacts. But most of them look rather out-of-focus and or blurry.
The board shot is indeed one of the better ones though I think the camera might have focused on the power cable rather than the GPU.
I'm quite sure that even my venerable Panasonic LX-3 would have yielded much better results in that environment. Reply


text:
The death of the internet activist Aaron Swartz at the age of 26 has rightly evoked tributes to his creativity and selflessness. Swartz, who faced jail for illegally downloading millions of academic papers from an electronic library, committed suicide last week.
© The Financial Times Ltd 2016 FT and 'Financial Times' are trademarks of The Financial Times Ltd.


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Crave headlines
Sweet, fancy Moses: check out all of this gamescom 2016 goodness in one exhaustive post
The annual event in Germany ends this weekend, and with the barrage of information and assets, we thought we'd put all of the gamescom 2016 news in one place for you.
Crave left ESA because of company sale factors, says boss
Speaking to GI, Crave chief Michael Mass has admitted that the company's decision to leave ESA had nothing to do with the organisation itself, but was rather motivated by an upcoming company sale. "Crave's departure from ESA at this juncture is not a statement against the value provided by our longstanding membership, but rather was […]
ESA: Crave's definitely out
ESA's issued a statement confirming Crave's exit from the body, saying the publisher still believes in its goals. Not enough to keep paying membership fees, clearly. "We can confirm that Crave has decided not to renew its membership in the ESA," said Rich Taylor, the ESA's senior VP of communications and research. "We value each […]
Crave leaves ESA, brings tally up to five
What's big and powerful, yet small and vulnerable? Sadly, we're talking about the ESA. Joining the likes of id Software and Activision, Crave Entertainment is now politely excusing itself from the ESA's table, GamePolitics reports. The site also notes that Crave will still be attending E3 next month, meaning that Crave and the ESA are […]


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Skip to content
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From board specific to BBQ specific and back again, all the information you'll need to enjoy your stay here or in your backyard.
Topic locked
4 posts • Page
Frequently Asked Questions (Organized by Topic)
Tue Nov 01, 2005 10:30 am
Site Admin
This will be the area for general FAQs, then we can group by topic area in various replies.
See also:
Welcome New Members! Some FAQ's
Wed Mar 22, 2006 12:30 pm
Site Admin
Quick guide to the abbreviations we use around here
GOSM: Great Outdoors Smoky Mountain Smoker
WSM: Wber Smokey Mountain Bullet Smoker
BCC: Beer Can Chicken
BBC: Beer Butt chicken = BCC
CCC: Coke Can Chicken = BCC
HTG - How to Grill
CG - Chargriller
SFB - side fire box
TVWB - The Virtual Weber Bullet (BBQ board)
ECB - El Cheapo Brinkmann
ABT - Atomic Buffalo Turd (stuffed jalapeno pepper)
Fatty - Smoke breakfast sausage log or chub (like Jimmy Deans)
EVOO = Extra Virgin Olive Oil
Standard abbreviations
BTW - By the way
IMHO - In my humble opinion
IMO - In my opinion
LOL - Laughing out loud
IME - In my experience
OTOH - On the other hand
YMMV - Your Mileage May Vary
IIRC - If I Recall Correctly
Last edited by
on Tue Apr 11, 2006 12:06 pm, edited 1 time in total.
Tue Apr 11, 2006 12:15 pm
Site Admin
An easier way to read through the archives
If you are interested in finding pages of the threads in the archives in this board, follow these tips below.
When you get to page 17, for example, note the numbers after the last
(slash) in your browsers address bar. Jot down those numbers (or bookmark the page).
When you start reading again, click on page 3. When it loads, change the numbers after the / in the address to the ones you've previously recorded. Hit enter, and you'll get back to your place in the threads.
This makes it easy to jump around in the archives, too, especially if you're looking for seasonal posts. For example, change the /1250 to /1650 to see what time period it covers. Increase or decrease the /1650 to zero in on the time frame you'd like to read.
Take some time to explore the capability of moving around by changing the end of the forum topics page links.
Wed Apr 12, 2006 11:20 am
Site Admin
Meat temperatures, cooking temperatures and meat safety
To see the original post, please follow this link:
One of the biggest factors in foodborne-illness outbreaks is time-temperature abuse. Disease-causing bacteria microorganisms grow and multiply at temperatures between 41 degrees F and 135 degrees F. Whenever food is held in the temperature danger range, it is being abused.
Common opportunities for time-temperature abuse throughout the flow of food include:
-- Not cooking food to its required minimum internal temperature
-- Not cooling food properly
-- Failing to reheat food to 165 degrees F for fifteen seconds within two hours (If the food falls below the minimum temperature requirement of 140 degrees F, it has to be reheated to 165 degrees F for 15 seconds, minimum, within two hours.)
-- Failing to hold food at a minimum internal temperature of 135 defrees F or higher or 41 degrees F or lower
Ground Meats -- including: beef, pork, and other meat or fish.
Minimum internal temperature 155 degrees F for 15 seconds.
Most whole-muscle cuts of meat are likely to have microorganisms only on their surface. When meat is ground, microorganisms on the surface are mixed throughout the product.
Ground meat may also be cooked to the following alternative internal temperatures:
-- 145 degrees F for 3 minutes
-- 150 degrees F for 1 minute
-- 155 degrees F for 15 seconds
-- 158 degrees F for <1 second
Pork, Beef, Veal, Lamb
steaks/chops 145 degrees for 15 seconds
roasts 145 degrees for 4 minutes
This temperature is high enough to destroy Trichinella spp. larvae that might have contaminated pork.
Depending on the type of roast and the oven used, roasts may be cooked to the following alternative internal temperatures.
-- 130 degrees F for 112 minutes
-- 131 degrees F for 89 minutes
-- 133 degrees F for 56 minutes
-- 135 degrees F for 36 minutes
-- 136 degrees F for 28 minutes
-- 138 degrees F for 18 minutes
-- 140 degrees F for 12 minutes
-- 142 degrees F for 8 minutes
-- 144 degrees F for 5 minutes
-- 144 degrees F for 4 minutes
Stuffed Fish (or Stuffing Containing Fish)
165 degrees F for 15 seconds
Ground, chopped, or minced fish
155 degrees F for 15 seconds
Cooked vegetables must never be held at room temperatures
Commercially processed, Ready to eat food that will be hot-held for service
135 degrees F for 15 seconds
This includes items such as: cheese sticks, deep-fried vegetables, chicken wings, etc.
Cross contamination of food.
If you don't do this, please consider it. When you prepare food, do you use the same cutting board and utensils for all your food? If so, STOP.
Use different cutting boards and utensils for each type of food. Example: one for poultry, a second for other meats, and a third for vegetables. Consider different colored boards and handles. If you don't, make sure you sanitize all your items before going to another type of food.
And don't forget to wash and dry your hands as well.
Recommended requirements for storing food:
Meat: -- store fresh at an internal temperature of 41 degrees F or lower
Poultry -- Store fresh at an internal temperature of 41 degrees F or lower
Fish -- Store fresh at an internal temperature of 41 degrees F or lower
Shellfish -- Store alive at an internal temperature of 45 degrees F or lower
Eggs -- Store fresh at an internal temperature of 45 degrees F or lower
Dairy -- Store fresh at an internal temperature of 41 degrees F or lower
Ice Cream and Frozen Yogurt -- Store frozen at a temperature of 6 degrees F to 10 degrees F
To hold food at a specific internal temperature, refrigerator air temperature should be at least 2 degrees F lower than the desired temperature.
Keep freezer temperature at 0 degrees F or lower unless the food you are storing requires a different temperature.
Use caution when placing food into a freezer. Warm food can raise the temperature inside the unit and partially thaw the food inside. Store food to allow good air circulation. Overloading a freezer makes it work harder, and make it harder to find and rotate food properly.
Lining shelves with aluminum foil or paper restricts circulation of cold air in the unit.
Never place hot food in the refrigerator. This can warm the interior enough to put other food in the temperature danger zone.
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2012 Annual Review and Outlook
Scraping Bottom: How Deep Are They?
Cover Story
Balance On The Roller-Coaster
|As 2011 wound down, The Journal of Commerce discussed critical supply chain issues with four prominent shippers: Casey Chroust of the Retail Industry Leaders Association; Wayne Johnson of Owens Corning; and Doug Grennan and Sean Healy of Scoular.
|International Maritime
|Action on the North Atlantic
There are some moves to raise rates on the trans-Atlantic, but whether they stick will depend on demand from Europe.
|Busy Lanes, Getting Busier
U.S.-South America trade has resisted downturns, and broader trends signal growth and better balance in coming years.
|Energy for Expansion
The breakbulk sector faces a subdued rate environment, but the oil and gas sector is fueling optimism for growth.
|Flexibility, Collaboration on 3PL Agenda
Balancing lean inventories, rapid response and lower costs will pressure supply chain management, offi cials say.
|Supply Chains Head to the Cloud
With shippers looking for flexibility in logistics technology, the forecast is for the cloud to reign.
|Surface Transportation
|Trucking's Optimistic Turn
Shippers exchange higher pricing for capacity as they hedge against economic uncertainty in 2012.
|Intermodal's Pricing Power
Railroads look to the truckload market as fertile ground to expand an already burgeoning domestic market.
|Lumber Shipments Sawed Off
A weak U.S. housing market keeps lumber demand soft, but forest producers and their rail providers are looking to China.
|Coal Looks Abroad
Exports of coal are helping drive the business for railroads, but will new regulations leave the business in the dust?
|Air and Expedited
|Wait and Balance
With hopes of a late-season upturn gone, air cargo operators say capacity discipline is on the horizon.
|US Electronics Exporters Powering Up
The free-trade pacts with South Korea and Colombia are likely to improve prospects for semiconductors and consumer electronics.


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All Entries Tagged With: "The Lord of the Rings: The Fellowship of the Ring"
Five Fabulous Family Fantasy Films
With The Hobbit just around the corner, here are five more wonderful fantasy movies that are great for the family.
DVD and Blu-ray Releases for the Week of June 28, 2011
This week's releases include Sucker Punch, Barney's Version and the Lord of the Rings Trilogy.
Tickets Now Available for Limited Theater Run of 'Lord of the Rings Trilogy'
Locations also announced. Check availability here.
'The Lord of the Rings' Extended Edition Hitting Blu-ray
Last year, when the Lord of the Rings Trilogy hit Blu-ray, it created an uproar amongst fans as it was only the theatrical version being released. Fans cried foul and whined about it not being the extended edition, citing that the studio was just trying to double (triple) dip. Guess what? If you don't like it, don't buy it. There's a reason studios do this: cause these idiot fanboys will rush to buy four copies of the same movie every time something extra is released. Do I prefer the extended edition over the theatrical? Of course. But I'm not going to have a hissy fit and whine over it either. Fanboys rest assured, though, now you get what you've been waiting for.