[USML Announce] (no subject)

Fri Aug 13 17:12:38 EDT 2010

 I read 3.1 to govern the structure of the roster, but not whether players must be in those slots.  3.4 governs how we can populate the roster, and it precludes only over-representation at a position.  If 3.1 meant what you say, then the discussion of over-representation at a position in 3.4 would be unnecessary.  To employ the cannons of construction:

The express preclusion of over-representation at a position in 3.4 implicitly permits under-representation (expressio unius); and
If 3.1 governed the actual population of the roster, rather than just its structure, then the discussion of over-representation at a position in 3.4 would be unnecessary (avoid "surplussage").
3.1 was in the constitution when we allowed this before,so we must have been reading as explained above.

Mark

-----Original Message-----
From: Blocker, Mark B. <mblocker at Sidley.com>
To: USML Announcements <announce at usml.net>
Sent: Fri, Aug 13, 2010 4:34 pm
Subject: RE: [USML Announce] (no subject)

Mark, I pointed to 3.1, which says an active roster ?shall?consist of the following players, and then lists what it must have.  What do yousay about that provision?

If your answer is we have deviated in the past, that may be true(I don?t recall), but section 3.4 hardly makes your point ?clear.?

It seems like what you are really saying is that we havedeviated from 3.1 in the past.

Others can weigh in.

From: announce-bounces at usml.net[mailto:announce-bounces at usml.net] On Behalf Of springkerb at aol.com
Sent: Friday, August 13, 2010 4:25 PM
To: announce at usml.net
Subject: Re: [USML Announce] (no subject)

I think section 3.4 is prettyclear.  No over-representation at a position and no extras on thereserve roster.  Notice it does not say that you can't be under-representedat a position.  

In fact, I did this once before, a few years ago, and we had the samediscussion then.  We decided it's allowed.  (If I recall correctly,we then amended the constitution expressly not to allow it, and later changedthe language back to what it previously said, at the same time we instituted thesalary floor and ceiling.)

Mark

-----Original Message-----
From: Blocker, Mark B. <mblocker at Sidley.com>
To: USML Announcements <announce at usml.net>
Sent: Fri, Aug 13, 2010 2:33 pm
Subject: RE: [USML Announce] (no subject)

Mark:

  I have no idea whatthe answer is, but I don?t see where the constitution permits open slots (I didnot scour it thoroughly, so maybe you have something specific you are lookingat).  Anyway, I read section 3.1 to suggest you cannot have openslots.  But regardless of what the right answer is, I think we have tolive with the website as is.  You can certainly put a DL guy in as anactive player, but we can?t change the salary.

  -- Mark B.

From: announce-bounces at usml.net[mailto:announce-bounces at usml.net]On Behalf Of springkerb at aol.com
Sent: Friday, August 13, 2010 2:00 PM
To: announce at usml.net
Subject: Re: [USML Announce] (no subject)

Open slot on active roster. The constitution forbids being overrepresented at a position or having too manyon your reserve roster, but permits open slots on either.  I waived Sheetsto make room on my reserve roster, so I could go w/ 8 pitchers instead of 9,but the transaction won't process.  If the site won't accommodate a shortroster, can you change the salary of one of my DL'd pitchers to zero, so that Ican make it work?

Mark

-----Original Message-----
From: Blocker, Mark B. <mblocker at Sidley.com>
To: announce at usml.net
Sent: Fri, Aug 13, 2010 7:14 am
Subject: Re: [USML Announce] (no subject)

Not sure what you mean: open slotson active or reserve?

Mark B. Blocker
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
Tel: (312) 853-6097
Fax: (312) 853-7036
E-mail: Mblocker at sidley.com
Assistant: Sylvia Tillig (312) 853-7699

From: announce-bounces at usml.net<announce-bounces at usml.net>
To: announce at usml.net<announce at usml.net>
Sent: Fri Aug 13 06:57:31 2010
Subject: [USML Announce] (no subject)

Question for theCommissioners:  Although the constitution allows us to run with openslots, the website won't let me do that.  Is there a way to fix that?

Mark

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