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Robert Blecker's Amicus Curiae Brief on behalf of NFLPA/Brady


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Buchanty

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This thread can be merged with the other Blecker thread in the Deflategate Section, but I thought it important enough to post on the main board, as it may be missed by most.

On Monday Professor Robert Blecker, he of 60 Minutes fame for his debunking of the Deflategate accusations, filed an Amicus Curiae Brief on behalf of the Appellees (NFLPA and Brady) in the NFL's appeal against Judge Berman's Appeal Court decision.

The Patriots sub-reddit explains:

Amicus Curiae:

Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.

This is an easy-to-read-and-understand brief of no more than 34 pages (double spaced). As such it provides more of a defense of the deflation accusations than the original NFLPA appeal which was constrained to argue the finer points of policies and procedures. Becker goes further by criticizing the NFLPA for abandoning scientific principles and logic to defend their player, although that might just be a stratagem by the author to explore more fully the scientific rationale and subsequent flaws, bias and fraud of the NFL.

I particularly like Becker's summation:

But this particular situation also calls on this Court to vindicate an even more compelling principle – the integrity of sport. Under cover of that concern, no Commissioner can initiate an investigation saturated with unfairness and bias, then find guilt on the basis of that bias and pseudo-science, only to escalate the accusation even as he abandons the very factual basis for it. The Commissioner’s “final decision” must not be final.

There are many other very quotable sentences and phrases, and the brief should persuade the more cogent fans of other NFL teams to review their NFL-orchestrated judgements. However I will not be holding my breath on that one.

Perhaps the greatest part of the brief is Becker's unflinching assertion that Brady's reputation has been unjustly besmirched. A must read - it will only take you 10-15 minutes or so.
 
There's a football-related legal brief on a site called TheWhiteBronco.com??? :)
 
You can read a 35 page brief in 10-15 minutes? o_O
 
You can read a 35 page brief in 10-15 minutes? o_O

That's about what I clocked in at and I'm a slower reader than a few folks I know.

I know people who will read a large novel in a few hours so it makes sense.
 
I can skim it in 10-15 mins. I don't consider that 'reading it'.
 
This thread can be merged with the other Blecker thread in the Deflategate Section, but I thought it important enough to post on the main board, as it may be missed by most.

On Monday Professor Robert Blecker, he of 60 Minutes fame for his debunking of the Deflategate accusations, filed an Amicus Curiae Brief on behalf of the Appellees (NFLPA and Brady) in the NFL's appeal against Judge Berman's Appeal Court decision.

The Patriots sub-reddit explains:

Amicus Curiae:

Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.

This is an easy-to-read-and-understand brief of no more than 34 pages (double spaced). As such it provides more of a defense of the deflation accusations than the original NFLPA appeal which was constrained to argue the finer points of policies and procedures. Becker goes further by criticizing the NFLPA for abandoning scientific principles and logic to defend their player, although that might just be a stratagem by the author to explore more fully the scientific rationale and subsequent flaws, bias and fraud of the NFL.

I particularly like Becker's summation:

But this particular situation also calls on this Court to vindicate an even more compelling principle – the integrity of sport. Under cover of that concern, no Commissioner can initiate an investigation saturated with unfairness and bias, then find guilt on the basis of that bias and pseudo-science, only to escalate the accusation even as he abandons the very factual basis for it. The Commissioner’s “final decision” must not be final.

There are many other very quotable sentences and phrases, and the brief should persuade the more cogent fans of other NFL teams to review their NFL-orchestrated judgements. However I will not be holding my breath on that one.

Perhaps the greatest part of the brief is Becker's unflinching assertion that Brady's reputation has been unjustly besmirched. A must read - it will only take you 10-15 minutes or so.
Do you have a link?
 
It's nice to hearing someone raising these issues about the underlying investigation itself. I understand that legally speaking Brady's lawyers were somewhat constrained against making such arguments as the findings of the arbitrator are legally presumed to be like the "word of God.":rolleyes:

However, in light of the many flaws of the investigation and the fact that the Patriots' owner is the biggest p*ssy in the universe, someone, somewhere, at sometime needs to start pressing the issue of Goodell's accountability for this entire debacle.
 
Excerpt from the ESPN Amicus brief:

CHEATERS! CHEATERS!!! ***Asterisks*** Brady*** Belichick*** Patriots*** CHeaters!***
CHEEEEEEEEEEEEEEEEEEEEEEEEEEEAAAAAAAAAAAAAAAAAAAAATTTTTTTTTTTTEEEEEEEEEEEEEERRRRRRRRRRRRRRSSSSSSSSSSSSSS!!!!
Mort reports 11 of 12 balls underinflated by infinity percent! Explain that!
Go Jets!
 
I've been hoping for some sort of challenge to the investigation for months. Thought it might be a defamation lawsuit, but this is even better!
 
I agree. Just read it. It's different than all the other briefs. It has more teeth and it essentially says that the NFL has defrauded the general public and The Sport! It's now on the record. Finally!
 
Are amicus briefs usually so frenzied with outrage? You can practically see Blecker foaming at the mouth. (With good reason, of course.)
 
Looks like he's making a case to release the notes from Wells report.
 
You can read a 35 page brief in 10-15 minutes? o_O
Just finished reading it, took me a little over 8 mins and yeah it's good. Gets right to the real issues with the science and how the NFL fudged facts and numbers to prove their "pseudoscience" and establishes some real bias on the NFL's part. I don't think it will matter as the court is not allowed to question gotohells power or why he is going on a witchhunt just that he followed all the rules in the CBA. Which he clearly did not which is why IMO the NFLPA and Kessler attacked the NFL the way they did. The simple truth which I am positive will be changed in the next CBA is that the commissioner has the power to make up whatever he wants as long as he gives notice.
 
Are amicus briefs usually so frenzied with outrage? You can practically see Blecker foaming at the mouth. (With good reason, of course.)

Isn't Blecker a Rats fan?

Adds more credibility to his argument

I know he is not a Pats fan.
 
He accuses the NFL of fraud consistently throughout the brief. Awesome! I'm psyched that someone has done this.

Yes! While he continually calls out Goodell and the NFL as frauds, he also throws the NFLPA attorney under the bus many times for being silent on a few important rebuttals and also being more fixated on the unfair unchecked power of Goodell and less concerned with Brady's reputation.
 
I"ll wait until someone posts the highlights ..........
If it's science or math I'll read it ... everything else ... boring.
 
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