Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Sports Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Media & Entertainment Law
: Sports Law BlogHome-field advantage and the umpire analogy
By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman
Briefly, officials conform their calls to social pressure created by the home crowd. Officials use crowd noise to help them resolve uncertainty in making a call, resulting in more calls going the way the home crowd wants them to go. Studies done for or discussed in the the story showed a range of calls in a range of sports that systematically favor home teams--extra time, fouls, and yellow and red cards in soccer; called (non-swinging) balls and strikes in baseball; close plays on the bases in baseball; traveling in basketball; and penalties and fumbles in football. The psychological effect is more pronounced in well-attended games (according to the story, in 2007, the Italian government ordered teams with deficient security to play games without spectators; 21 games were played in empty stadiums and a study by two economists found dramatic decreases in home-team benefits in fouls, yellow cards, and red cards).
The bias is revealed, in part, by the rise of technology, particularly in football. Visiting teams are more successful in overturning calls favoring the home team, especially where the home team is trailing. In other words officials make mistakes in the home teams' favor more often than they do in visiting teams' favor (although the difference is small). Replay thus has resulted in the narrowing or elimination of the home-team advantage, at least as to turnovers, because some of those erroneous calls are corrected (so maybe I need to rethink my opposition to replay in football). Technology also reveals that officials get it right most of the time (about 85 % on balls and strikes). But the mistakes they make are not random--they tend to favor the home teams. And, of course, most mistakes are not discoverable or reversible--thus the home-field advantage continues.
I am not sure what to do with the story, which I find fascinating. For starters, I wonder what this tells us about the much-despised umpire analogy. One of my objections has been that the analogy, as used, misrepresents what umpires do. This study supports that thought. Umpires clearly do not just call balls and strikes as a simple, clear, robotic exercise--umpires (and other officials) are human and they and their decisions are subject to outside pressures and influences, such as, essentially, public opinion.
Similarly, critics of the umpire analogy have focused on the outside influences that (everyone who is being honest recognizes) affect judicial decisionmaking--life experience, ideology, politics, empathy, public opinion and pressure--just as outside influences affect umpires. But is there a still more-precise comparison between judicial decisionmaking and officiating, given what this new study shows? Is there a litigation "home team" that systematically gets the benefit of judicial decisions? Perhaps the government (especially in criminal cases) or any other repeat player in litigation? Are judges affected by the (unconscious) need/desire to make the populace happy, just as umpires are similarly affected, and does that affect decisions?
What else can this study tell us about judicial decisionmaking?
Full post as published by Sports Law Blog on January 16, 2011 (boomark / email).
House Closing
Sealing a home sale
Financial Elder Abuse
allegedly taken advantage of in Southern California.
Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.
Texas' KB Home Hit with Price Fixing Class Action
Texas' KB Home Faces Price Fixing Class-Action
KB Home Faces Price Fixing Class Action
KB Home Faces Price Fixing Class Action
Pulte Homes Faces Class Action over Home Prices
Pulte Homes Faces Class Action over Home Prices
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit

Roberts on the Umpire Analogy.
Benching the judge-umpire analogy
"Judge Jerry E. Smith and the Origins of the Judge-Umpire Analogy"
Did Kagan bury the umpire analogy Maybe
Justice Jackson and the Umpire Analogy:







