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Tom Brady suspension to be upheld


Any time a player has a chance to stick it to Goodell, I'm all for it.. 


[Image: SaKG4.gif]
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Quote:[Image: 28uqj40.png]
 

LOL... my favorite of the internet memes on the subject.

"You do your own thing in your own time. You should be proud."
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Quote:Once again the Patriots squeeze out of a situation... unpunished. Wallbash Wallbash Wallbash Wallbash Wallbash Wallbash Wallbash Wallbash Wallbash


I thought they got fined? That's what the punishment was supposed to be anyway,,,
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Quote:I thought they got fined? That's what the punishment was supposed to be anyway,,,
 

Short on logic, heavy on emotion.

 

Pretty typical of those who can't understand the decision.  The decision was explained very clearly, and was on point.

 

Unlike most criticisms of it.

"You do your own thing in your own time. You should be proud."
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Insightful article:

 

http://www.talkoffamenetwork.com/a-compl...r-the-nfl/

 

“Among the striking features of the opinion was how foreign the judge found the NFL’s disciplinary process in this case.  The judge describes the idea of ‘notice’ – the warning a person has of the likely consequences of misconduct – as fundamental to the CBA and to the American legal system.  The process employed by the NFL was completely alien to a judge schooled in the rules and procedures of this country’s approach to resolving disputes.  Policies were conflicting and unclear, investigations conducted by parties too close to the key decision makers, and the judge couldn’t find a way to accept the NFL’s approach.  While it’s rare for arbitration decisions to be overturned in court – there’s a strong policy favoring upholding them as a product of the agreed upon dispute resolution process between contract parties – the judge found this to be an instance in which judicial intervention was appropriate.
 
“Another thing that stands out in the opinion is the judge’s lack of deference to the sweeping powers of a commissioner to sanction conduct ‘detrimental’ to football.  Ever since the post-Black Sox creation of the MLB commissioner position filled by Kennesaw Mountain Landis, sports league commissioners have been viewed as benevolent despots – not just in baseball. This decision, following on the heels of other defeats for the NFL and Goodell, calls that vision of the commissioner’s office into doubt.  The judge doesn’t think Goodell was particularly ‘benevolent,’ and certainly doesn’t seem to accept the idea that dictatorial power is appropriate in an industry characterized by unionized labor relations.”
 
Which leads us to this:
 
https://www.washingtonpost.com/news/spor...y-process/
 
"Although it’s uncertain whether Goodell’s authority would be reduced, the decision to reevaluate his role resolving appeals is the first solid sign the outcome of Tom Brady’s court case could have a lasting and significant impact on his position."
 
Perhaps there is some good to come of all this after all.

"You do your own thing in your own time. You should be proud."
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(This post was last modified: 09-04-2015, 04:11 PM by Kane.)

Some of you are on Brady's balls way hard.

 

But that is OK.

 

Here's the thing... if you don't like the power you gave the man when you offered it up for more money in the CBA......why give it to him?

why complain when he uses it? So much that you have now overthrown his power in "conduct" cases just about every time.

Why write it in, in the first place? Why give him the power in the first place?

 And why do they NOW all of a sudden feel it needs to be taken back. (golden boy rule)

 

It's simple. The union (I'm pretty anti-union btw) made concessions it wasn't really willing to concede. 

Now they are reneging on their part of the agreement. (violation of contract anyone?)

 

Goodell has never been a favorite of anyone's. Hell, I surely don't like the guy either. I'm not "On Goodell's side" 

I'm on the side of law. Which in a contract, is pretty cut and dry.

 

I give this, you give that, i make this rule, you allow this... yadda yadda, sign here...

 

It's like God giving man free will and when he uses it however he wants, he goes to Hell.

Pretty stupid.

 

Just like it's pretty stupid the NFL destroyed the video tape evidence for the Cheatriots during Spygate.

It's pretty stupid a dude smokes pot and can't play but a dude cheats and can.

It's pretty stupid the contracts are guaranteed, until they are not.

And it's pretty stupid that every year the NFL has SOME STORY to keep everyone watching their network.

 

Why have a CBA? Why have a union?

 

Why let off a guy because "there is no precedent"

At some point... someone starts the precedent...

 

 

like the one that has been started in the NFL. You get in trouble (outside of substance abuse policies) appeal, lose the appeal? Take it to federal court.

The NFL is pretty much 0 fer....

Why have a conduct policy at all? Let's let the head hunters and cheaters ruin the NFL for everyone, while everyone still keeps watching.

 

 

Let me guess your retort.... the CBA doesn't actually give Goodell the power he has?

Or it wasn't written meaning for him to abuse it?

Or there wasn't enough evidence that the Saints players had a role in bountygate?

Not enough evidence that Brady was uncooperative in full with the investigation?

How much evidence do you need? 

Not enough evidence that AP and Rice are abusers of weaker people? And their suspensions were light(ened).... LOL

 

 

I'm not saying the NFL (Roger) didn't mess this up along with a lot of other things in his time.

What I'm saying is Brady is not innocent. 

And that the NFLPA is wrong. And everyone who is siding with them simply because they don't like (and haven't liked since he got here) Goodell.

Anyone who argues different is arguing for arguing sake. (Big surprise on here)

Devil's advocate....

I don't like the tyrannical approach either... but then again I wouldn't have contractually agreed to it.


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While impassioned, the fundamental premise of your argument is wrong.  The commissioner has the power to hear a case, meet out discipline, and then be the arbitrator in the appeal.  That is not in dispute.  At the same time, there are certain statutory and precedents that guide his RESPONSIBILITIES in exercising that power.  

 

In his ruling Judge Berman acknowledges the normal deference to collectively bargained arbitration.  At the same time he cited specific case law putting forth the conditions necessary for Judicial intervention against an arbitrator award.  Those include but are not limited to: The arbitrator award being completely divorced from the Underlying CBA.  What does that mean?

 

That means that yes Rodger Goodell is the chief of police.  One of his deputies can pull you over for speeding.  They can issue you a citation.  He can then sentence you.  When you appeal the sentence you still have to appeal to the Chief of Police, and he can choose to reduce vacate or hold his own award.  What you can't do is take a citation for speeding, and sentence me for sexual assault and that's EXACTLY what the league did in this case.  

 

To get down into the minutia, the Judge cited a concept in arbitrator awards called "law of the shop" meaning that the arbitrator is duty bound to be fair and consistent in his awards among similarly situated players.  The commissioner ACKNOWLEDGED this underlying responsibility in his own words.  The inflation or deflation of footballs is a violation of playing rule 2 and carries a penalty of a suggested but not limited to fine.  There is no leeway under rule two for an arbitrator to award a suspension.  Goodell tried to leap across the field and claim that the only similarly situated player to Brady in this case was a PED user.  That sounds great on talk radio, but that was never going to hold up in the court of law.  Jay Feeley talked about a situation where his ball boy was found in violation of the same playing rule and ultimately fired.  They never even pursued discipline against Feely.  That fundamentally obliterates and claim of fairness in application of the rules regarding equipment.  

 

The world was captivated by this idea, "that well being uncooperative is a subjective term so the suspension would have to stand because you can't tell the arbitrator how to feel"  What they forgot were the direct words of Paul Tagliabue cited by the federal Judge "that in the 40 years he had been associated with the league he had NEVER seen a player suspended for being uncooperative."

 

That's not even getting into the blatant conflict of interest in the creation of the Wells report between the league and the Paul Weiss law firm.  That's not even getting into the bogus analysis during halftime.  

 

Just go back, the judges ruling is based on the idea that "If he did everything you say he did, when I READ THE CBA that you cite as the genesis of your authority the infraction of being generally aware of ball deflation by others does not denote a violation that justifies a four game suspension based on the LAW OF THE SHOP and the requirement that professional football players be given NOTICE OF THEIR DISCIPLINE!"


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Quote: 
 

I get that you are upset for being wrong.  Just read and comprehend the judge's ruling.  He's right.

"You do your own thing in your own time. You should be proud."
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Quote:I get that you are upset for being wrong.  Just read and comprehend the judge's ruling.  He's right.


B-b-but CHEATRIOTS!!!!!
“An empty vessel makes the loudest sound, so they that have the least wit are the greatest babblers.”. - Plato

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Well, "to be the best, you've got to beat the best." I can't think of any better way (other than a SB victory) for this team to actually earn some respect for once, than going up to New England and beating Tom Brady and Bill Bellichick in their own house, in front of their own fans, in a hostile environment.


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Beating the Pats this year would be like a mini superbowl for us.


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Quote:Well, "to be the best, you've got to beat the best." I can't think of any better way (other than a SB victory) for this team to actually earn some respect for once, than going up to New England and beating Tom Brady and Bill Bellichick in their own house, in front of their own fans, in a hostile environment.
 

That would be great, unfortunately the planets won't all be aligned until 2854.

When you get into the endzone, act like you've been there before.
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Quote:That would be great, unfortunately the planets won't all be aligned until 2854.
I wouldn't be so sure about that prediction; unless you're willing to bet money on it.

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@AdamSchefter: NFL now has announced John Jastremski and Jim McNally have been reinstated.
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Quote:@AdamSchefter: NFL now has announced John Jastremski and Jim McNally have been reinstated.


See kids, cheaters DO win.
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Well...not upheld
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To think... These guys are back before justin.
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Two low level nothing employees decide to cheat in the championship game, destroying "the integrity of the game"(the most important thing in all of football), cause a multimillion dollar investigation spanning months and going all the way to the federal courts . And they basically got a 1 game suspension.

LOL. I don't think there are 2 functioning brain cells in the entirety of the NFL front office.
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Quote:I get that you are upset for being wrong.  Just read and comprehend the judge's ruling.  He's right.
 

I gave you a +1, not because I agree with you, but because you stated a fact.  You feel the judge's ruling is right.  That's your opinion.  But let's not go around thinking that judges opinions are based on objectivity.  We no longer live in that rose colored world where we think judges are beyond reproach.  (ergo the FACT that the judge and the owner of the Cheating Organization were confirmed to be rubbing elbow within the same social circles during a privileged social gathering no normal person would be invited to)

 

But what I disagree with is your opinion, because of one simple thing.  The "judge's ruling" is not a factual basis.  It's a judicial decision.  In terms of the law, his "ruling" is also an opinion.  It's not a fact.  And he's not right--- he's not wrong either.  He's providing a decision.  A decision that appeara to be in the beginning motions of having a case sent to a higher court to either be sustained or amended.

 

Let's not sit here and talk about "Facts" and who's "right"...  Those are not the things we are really discussing here..

 

What we're discussing is the process of the rules and contracts as stipulated by a collective bargaining agreement.  There are no "rights" and "wrongs" in this type of situation anymore.  It's about opinions.  It's about decisions and orders.  It's about a protest, and then the subsequent appeal to be heard by another layer of the judicial system.  But at this point, it's really moot in terms whether or not you think this judge is "right".

 

The facts show that there is a substantial amount of evidence to show that something occurred.  The facts also show that there is no true evidence to prosecute beyond a reasonable doubt.  The fact is also that this is not a criminal case, so the burden of "beyond a reasonable doubt" is not in play.  Rodger the fascist stooge of the Cheating Organization that is the Patriots has over-stepped his bounds in several situations.  Including, as another astute poster mentioned, DESTROYING THE TAPES of SPYGATE!!!  

 

Let's not sit here and think that a [BLEEP]-for-tat conflict between other owners and the perceived corruption between the NFL and the Cheating Organization of the Patriots is not at play.

 

At the end of the day, the result we see is one that does not clear the Cheating Organization of any wrong doing.  Brady gets to play.  The 2 tools that got "suspended" or fired, are now back working for the Cheating Organization.  The Decision and Order by the ruling judge is being recognized because we are a society of law.  But I would have no doubt that this will be appealed and sent to another court.

 

Let's also remember that there is another fact.  There have been sanctions placed on the Cheating Organization because of Deflate-gate that were not over-turned.  The Cheating Organization has acknowledged the fines and the loss of certain draft picks.  So yes.  There is another clear fact.

 

The Patriots have conceded that they are a Cheating Organization.  That is a fact.

 

If you want to see this as a win for the Cheating Organization against the NFL and the Facist Stooge.  Have at it.  But the fact remains.  The Cheating Organization conceded that they cheat.  They allowed monetary fines and draft pick exclusions to be assessed based on their actions.  That is a concession of their actions.  Brady is playing.  He's the QB of the organization that has acknowledged that they are cheaters.  They also have a history of cheating.  

 

To me, it's pretty clear cut.  

 

I have not seen anyone that has tried to argue that the Cheating Organization has been absolved.  I've seen the meme that says, "I beat you, how you like them apples".---Which while hilarious and awesome doesn't change the underlying fact that the Patriots are who they are.  And they are an organization that has been recognized as cheaters.  Brady is a part of that organization.  Those are also facts.

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Quote:To think... These guys are back before justin.
Blackmon has yet to apply for reinstatement as far as we (or the Jaguars, apparently) know.

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