law prof's thoughts on hearing

[eom]

thx bruce allen

https://twitter.com/Prof_Holland

 

[PATS16N0]

Good post.

Also someone here needs to teach me how to post/embed tweets

 

[Hoodie]

I've just been taking a screenshot and droping them in my post. I'm sure there's a better way though.

 

[ctpatsfan77]

You can just copy and paste.

H. Brian Holland ?@Prof_Holland 6h6 hours agoFlower Mound, TX
Oh. Wait. (8) NFL insistence that Brady accept Wells rpt is biggest tell that Goodell is worried abt his job. "I didn't waste $5m, really!"

 

[Fencer]

Not sure why Goodell losing in exactly the same way for the fifth straight time would get him fired when the first four times didn't.

It COULD happen -- painting Brady as a cheater when it didn't happen at all is a bigger deal than being over-harsh in punishing Adrian Peterson. And getting hammered in a New York City court is a bit worse than getting hammered by a retiring judge in Minnesota. But it's not a given.

 

[pdangle]

Good post.

Also someone here needs to teach me how to post/embed tweets

Sheesh, you're lucky, someone needs to teach me how to READ those randomly expanding, occasionally tangential but always seemingly in reverse-order "tweets" as you call them. I'll get those whipper-snappers yet!

 

[Mike the Brit]

"at some point a lack of relevant evidence can be fundamentally unfair"

DING! DING! DING!

From your keypad to Berman's ears!

 

[DarrylS]

Yes Dorothy the lack of evidence can be fundamentally unfair, many of us have been saying this for the past 7 months...

 

[Mike the Brit]

Yes Dorothy the lack of evidence can be fundamentally unfair, many of us have been saying this for the past 7 months...

Common-or-garden unfairness: of course. Legal unfairness ... that's another matter.

 

[eom]

Sheesh, you're lucky, someone needs to teach me how to READ those randomly expanding, occasionally tangential but always seemingly in reverse-order "tweets" as you call them. I'll get those whipper-snappers yet!

Most recent are at top.
Usually ppl use one tweet or occasionally 2 if they have a lot to say.
The whole series thing isn't very common, but typically get numbered for easier reading.

Some tweets will have a different av cuz those are just retweets of somebody else.
Like when that guy copy/pasted that tweet above -- that's basically a retweet messagebord style

 

[Nunchucks]

I hate twitter, can't people just write their thoughts in a paragraph? This incoherent mess of communication style is revolting.

 

[Big Bucks]

I frequent another MB that uses this forum software and when you press the media icon it also allows you to add twitter links. Would make life a lot easier. In fact it has over 5 times the amount patsfans has.

 

[eom]

I hate twitter, can't people just write their thoughts in a paragraph? This incoherent mess of communication style is revolting.

Sometimes ppl do just that and take a pic to post, or there's some site called twitlonger that let's you get longwinded.
Couple times I typed up a google doc and linked it when I had more on my mind than 140 characters

 

[Jlaff]

Holland talking about "violations of fundamental fairness". I can't talk about whether fundamental fairness is even an issue that can be brought before the court in this instance...

But if it is, why the F is Kessler going with the whole free-lancing ball boys approach, rather than the far more palatable nothing happened approach.

And I have to wonder what the rules of evidence regarding disciplinary hearings are in the NFL, and why that weak circumstantial text messaging evidence is even admissible.

 

[karguy85]

Holland talking about "violations of fundamental fairness". I can't talk about whether fundamental fairness is even an issue that can be brought before the court in this instance...

But if it is, why the F is Kessler going with the whole free-lancing ball boys approach, rather than the far more palatable nothing happened approach.

And I have to wonder what the rules of evidence regarding disciplinary hearings are in the NFL, and why that weak circumstantial text messaging evidence is even admissible.

Ugh he isn't. He is offering it as an alternative explanation. i.e. "Brady didn't do anything, we think the ideal gas law accounts for the loss in pressure. However, in the alternative, it is possible that the equipment guys deflated the balls at their own discretion because they felt that it would help Brady out. In either case, Brady did not do anything wrong or know about any wrongdoing (in the latter case)." This is very common in legal arguments, to plead or argue in the alternative. More possible explanations means that the 1 nefarious explanation is even less likely. People need to understand this point (including the media).

 

[Jlaff]

Ugh he isn't. He is offering it as an alternative explanation. i.e. "Brady didn't do anything, we think the ideal gas law accounts for the loss in pressure. However, in the alternative, it is possible that the equipment guys deflated the balls at their own discretion because they felt that it would help Brady out. In either case, Brady did not do anything wrong or know about any wrongdoing (in the latter case)." This is very common in legal argument, to plead or argue in the alternative. More possible explanations means that the 1 nefarious explanation is even less likely. People need to understand this point (including the media).

And I do completely understand the whole "in the alternative" thing. And I haven't had time to follow this thing much, but have read that quote from Kessler staying "it has always been our position..." the ball boys were acting on our own.

But thank you for heads up on that, I'll take your word for it and that puts my mind at ease.

 

[karguy85]

And I do completely understand the whole "in the alternative" thing. And I haven't had time to follow this thing much, but have read that quote from Kessler staying "it has always been our position..." the ball boys were acting on our own.

But thank you for heads up on that, I'll take your word for it and that puts my mind at ease.

People are basing this off of tweets without context.

Here is what was said (the important qualifying statements are bolded):

“Mr. Brady’s the quarterback and he’s the one who’s going to be throwing those balls. Why would either of those two people do that without his knowledge and consent?” the judge asked

“We don’t believe there is evidence of such deflation,’ Kessler replied, but “assuming such deflation occurred, it’s conceivable that Mr. McNally thought that it was something that would be good for his quarterback. But it is a large leap from that to Mr. Brady asking him to do it or directing him to do it.”