Great Brian Holland Deflategate Article

ivanvamp said:

A benevolent, wise dictator is probably the best, most efficient form of government. Alas, power corrupts, as the saying goes....

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There's an old saying that the ideal form of government is autocracy tempered by assassination -- I think we've about reached that stage.

Wax Frog said:

Blame it on the pre-Internet version of Google (mis)Translate

http://languagelog.ldc.upenn.edu/nll/?p=2290

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Wow -- now THAT is an erudite post. Thanks -- I'll have to take a bit of time to digest it.

Still, aren't lawyers supposed to be the ones who spend their lives focusing on fine distinctions of language and reasoning? You'd hope that one whose job it was to teach lawyers their business would be at least moderately up-to-speed.

Mike the Brit said:

Wow -- now THAT is an erudite post. Thanks -- I'll have to take a bit of time to digest it.

Still, aren't lawyers supposed to be the ones who spend their lives focusing on fine distinctions of language and reasoning? You'd hope that one whose job it was to teach lawyers their business would be at least moderately up-to-speed.

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The misuse of "begging the question" is a pet peeve of mine. I agree that the post was awesome, especially this part:

I thought about sending this to friends but quickly realized that were I to do so, I would have few friends left.

ivanvamp said:

They only filed first because they knew the NFLPA would file, and the NFL wanted to avoid this being heard in Minnesota (which is where the NFLPA would, and in fact did, file). Minnesota is Judge Doty's territory, and the NFL doesn't do well there. So all this was was a piece of legal maneuvering on the NFL's part to try to get this issue heard in a more favorable (to the NFL) site.

Man I hope Berman destroys them. It would be so sweet for the NFL to have this come back and bite them in the behind.

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I realize this of course. But it's stupid to run to a judge, file a case, and then proceed to tell him that he "has no role to play here".

smg93 said:

I realize this of course. But it's stupid to run to a judge, file a case, and then proceed to tell him that he "has no role to play here".

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I think that is called chutzpah..

In most places I know, it's called arrogrance. The NFL and Goodell are at the height of their arrogance and hubris. And hubris usually comes before the fall. I can't wait to see the NFL and the office of the Commissioner get publicly castrated in court. The day has been a long time coming, but it would be fully deserved when it happens.

Patsfanin Philly said:

I think that is called chutzpah..

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smg93 said:

"Imagine standing before a federal judge, essentially telling him that you have no need to answer his question because your client’s opinion is the only one that matters. Imagine standing before a federal judge who is clearly telegraphing his concerns about the basic fairness of the underlying process and conclusions, and telling that judge that he has no business asking those questions. Imagine standing in front of a federal judge, telling him that he has no role to play here."

This is a point I've wondered about. The NFL is taking this position, but yet they were the ones in such a rush to file this case in Federal court. Idiots.

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The NFL's only case is the article 46 and nothing else matters. They're doing everything they can not to be dragged into a debate about the factual merits of the case, whether there was evidence, whether it was fair, whether Brady had proper notice of the penalties, they know they lose on all these points.

IMO, the NFL lost the chess match with Kessler/NFLPA. Kessler went after Pash in the appeal knowing the NFL would be reluctant to let him testify, and if they did, Kessler knew his testimony would be damning for the NFL once it went to court. There's also no way Pash could perjure himself, so if he ended up having to testify the NFL would be finished (in court). Kessler/NFLPA knew that the appeal was going to be a farce, attempting to convince Goodell of Brady's innocence was never going to happen, it was about making the NFL do things they would be uncomfortable doing. The NFL should have never linked Pash to the Wells report, Pash should have never edited it. The NFL could have gotten away with this witch hunt, but they didn't think enough moves ahead.

ChoWZa said:

The NFL's only case is the article 46 and nothing else matters. They're doing everything they can not to be dragged into a debate about the factual merits of the case, whether there was evidence, whether it was fair, whether Brady had proper notice of the penalties, they know they lose on all these points.

IMO, the NFL lost the chess match with Kessler/NFLPA. Kessler went after Pash in the appeal knowing the NFL would be reluctant to let him testify, and if they did, Kessler knew his testimony would be damning for the NFL once it went to court. There's also no way Pash could perjure himself, so if he ended up having to testify the NFL would be finished (in court). Kessler/NFLPA knew that the appeal was going to be a farce, attempting to convince Goodell of Brady's innocence was never going to happen, it was about making the NFL do things they would be uncomfortable doing. The NFL should have never linked Pash to the Wells report, Pash should have never edited it. The NFL could have gotten away with this witch hunt, but they didn't think enough moves ahead.

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Yeah, that Harvard trained lawyer FU'd

Isn't that what "hubris" is? Doing anything you want and figuring nobody can stop you?

MagicMarker said:

Isn't that what "hubris" is? Doing anything you want and figuring nobody can stop you?

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Pretty much.

I am a firefighter not an attorney, so I am in the tall grass on these issues.

I keep hearing about how the NFL will prevail because it would be a big precedent if Berman ruled against an arbitrator. They say future cases would flood Bermans court hoping for the same ruling.

I am hopeful that Berman rules for Brady because of the fairness issue. I think this case is probably the worst abuse of power from a arbitrator that he has ever seen. Federal law demands fairness not the merits of the case. By not allowing Pash to testify and not sharing notes that were used to question Brady to me violates fairness in the arbitration hearing. That violates Federal law.

I think it would more or less tell all future arbitrators (You can do what ever you want) this court will never overturn your ruling. That would be more of a reason for future cases of arbitrators wanting to uphold their ruling to flood that district of the Federal Court.

I believe Berman wants to tell any future cases. Do not bring this Emporer style of ruling into my court ever again. Hope I am right. But again in my profession we run with the mentality of putting out brush fires not starting them. Legally I am lost.

BUSTAMOVE said:

I keep hearing about how the NFL will prevail because it would be a big precedent if Berman ruled against an arbitrator. They say future cases would flood Bermans court hoping for the same ruling.

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I've heard Stephen A. Smith make this argument, that it would be bad for the NFL if all of a sudden all players start looking to the courts to get their punishments vacated. I disagree with pretty much everything he says regarding any issue.

Remember it's not just the courts overturning him, Tagliabue shot him down too. Goodell is mishandling these situations, he is overreaching on every single punishment he is handing down and not following any agreed on process with a reckless disregard for fairness. That is what needs to change. If Goodell was acting in a responsible, fair manner, he would not keep losing with neutral arbitrators and courts.