It really depends on how you read the rule, i think. the starting configuration for a robot must be within 28''x38''x60''. The way i see it, FIRST isn't saying your robot has to be at least 38'' tall or start the game on it's side. Rather, that your starting configuration has to have the 60'' dimension as the vertical one (giving you a base maximum footprint of 28''x38'' for your starting configuration. there's also the rule:
Code:
<R11> Prior to the beginning of the MATCH, the ROBOT shall be placed in a STARTING
CONFIGURATION that fits within the dimensions listed below:
Maximum Maximum Maximum Maximum
Width Depth Height Weight
28 inches 38 inches 60 inches 120 pounds
(71.12cm) (96.52cm) (152.40cm) (54.43Kg)
Any restraints (elastic bands, springs, etc.) that are used to restrain the ROBOT in its
STARTING CONFIGURATION must remain attached to the ROBOT for the duration of the
MATCH.
Which would seem to support this interpretation of the rules...
Basically, they don't want people building robots that are 28''x38''x60'' and having the 60'' portion stretching out in front of their starting position.