Do you mean why are all the arguments listed in the first couple of pages and then repeated in greater detail later? That's the standard format for legal writing (you clearly summarize what you're going to say, then you say it in greater detail).Someone, someday, could explain to me why each argument appears to be repeated 2-3 times in this document. I'm curious.
You give a narrative overview and then you return to flesh out the arguments in depth with the legal standard. It's like giving a speech and saying today im going to discuss A, B, and C and then doing so full on.Do you mean why are all the arguments listed in the first couple of pages and then repeated in greater detail later? That's the standard format for legal writing (you clearly summarize what you're going to say, then you say it in greater detail).
If you mean something else maybe an example would help .
Have not read the brief, but did glance at it. These briefs require a Summary of Argument, and then a detailed Argument section, so there is bound to be some reinforcement -- even though a well done Summary of Argument should not be a mere skeleton outline of the Argument. Here, there also is a lengthy Introduction, so you're probably seeing the same points three times rather than two.Someone, someday, could explain to me why each argument appears to be repeated 2-3 times in this document. I'm curious.
Holy shit yeah, that's crazy.That screengrab is the epitome of "taken out of context".
I think if King/Reiss/others start writing this more frequently and stating that the only logical conclusion is that the data supports the science and the Patriots that the NFL will eventually be forced to deal with it.Look... the NFLHQ leaks like a sieve when it suits them.
So we are left with a couple of choices as I see it.
There are no readings at all. Of any type. They just aren't doing them.
The readings are happening and they fully vindicate the Pats.
The natural time for pressure from King, Reiss, et al. to reach a crescendo is when the ruling comes down from CA2 on the appeal. Especially if Brady loses (anything less than an affirmance). If he wins, it's more of a moot point, at least as far as whether Brady will be punished.I think if King/Reiss/others start writing this more frequently and stating that the only logical conclusion is that the data supports the science and the Patriots that the NFL will eventually be forced to deal with it.
What I suspect is going on now is that the data is what we all here expect it to be, and the NFL is trying to figure out what to do about that reality. I eventually decided that while there was plenty of malice and ill-intent in NFL headquarters, a huge part of the problem was that they made a bunch of public statements before they learned the underlying science here. Even Goodell isn't dumb enough, I don't think, to take the position they did if they knew what the science here looks like. But they did not until it was too late for them to change course, and then it became about image, ego, and perception.
I think if their numbers show temperature-related apparent deflation of footballs this year after all the hullabaloo over proper inflation, it undermines their reliance on the bad conclusions in the Wells report a lot more directly, and in a way the public would hopefully understand, than any argument that relies on the ideal gas law alone for the proposition that temperature-related apparent deflation is the cause.I'm really not sure what this exercise is supposed to prove. By adopting the Wells Report wholesale the NFL has already acknowledged that the Ideal Gas Law is, like, a thing. Their argument is that the Ideal Gas Law couldn't account for the extent of the deflation of the Pats footballs.
The one thing this will prove is that they are too stupid to have realized that by allowing 12.5 as the lower limit for pregame inflation, they are virtually guaranteeing that "underinflated" footballs will be used in games this season. The incompetence is staggering.
The more I think about this this more depressed I become.
I totally agree with you--from our perspective it's potentially useful. But why is the NFL doing it? That's what I don't understand. I mean, their own five million dollar report says that footballs deflate in cold weather. What great revelation do they think is going to come out of this?I think if their numbers show temperature-related apparent deflation of footballs this year after all the hullabaloo over proper inflation, it undermines their reliance on the bad conclusions in the Wells report a lot more directly, and in a way the public would hopefully understand, than any argument that relies on the ideal gas law alone for the proposition that temperature-related apparent deflation is the cause.
The timing for the crescendo is after the season in the lead-up to the draft. Probably about a month before.The natural time for pressure from King, Reiss, et al. to reach a crescendo is when the ruling comes down from CA2 on the appeal. Especially if Brady loses (anything less than an affirmance). If he wins, it's more of a moot point, at least as far as whether Brady will be punished.
It gets pretty interesting if the case is reversed or vacated and remanded, and there is a hue and cry for the PSI data, and it supports Brady/the Patriots position. Does the media grow a spine and call for reversal of the draft pick forfeiture in addition to reversal/abandonment of the Brady suspension? Do they go after Goodell for compounding his initial error by covering it up? Is there a Nixonian inquiry into what he knew and when he knew it? One can dream...
But they can't. Because there's way too much info out there now about it. Every single experiment done by reputable sources on camera shows that.I think the most surprising thing is the NFL has not leaked "data" demonstrating that there is simply a negligible change in PSI due to weather and environmental conditions
Actually, Judge Berman's courtroom was another. Hopefully, Second Circuit Appeals will be a third...The league only agreed to start measuring PSIs to look conscientious and shit. They don't want to fight any battles on the terrain of hard science and why would they? It's the only realm where they can't apply their own subjective readings of intent and guilt. Those PSIs are going in a locked drawer.
I think, actually, the logical time for it to reach crescendo would be Super Bowl week if the Patriots are participating again. It would be like a return to the scene of the crime, and the media has 2 weeks of stories with just 2 teams of subjects. With Brady winning his appeal (for now), and the Patriots continuing to be great despite unprecedented scrutiny, I think you'd see tons of articles re-hashing deflategate, with a large number of references to current PSI measurements.The natural time for pressure from King, Reiss, et al. to reach a crescendo is when the ruling comes down from CA2 on the appeal. Especially if Brady loses (anything less than an affirmance). If he wins, it's more of a moot point, at least as far as whether Brady will be punished.
It gets pretty interesting if the case is reversed or vacated and remanded, and there is a hue and cry for the PSI data, and it supports Brady/the Patriots position. Does the media grow a spine and call for reversal of the draft pick forfeiture in addition to reversal/abandonment of the Brady suspension? Do they go after Goodell for compounding his initial error by covering it up? Is there a Nixonian inquiry into what he knew and when he knew it? One can dream...
This is my worry, too. You can easily fudge the data - just alternate measurements between each team's balls, and have the officials take their sweet time doing it. So, measure one ball from team A, then measure one ball from team B. Chat for a bit. Measure ball two from each team. And so on. The data will show that there's no difference between two team's balls and that they warm up and gain pressure really "quickly". Of course they won't keep track of time or temperature, so it will all make the Pats look guilty.I think the most surprising thing is the NFL has not leaked "data" demonstrating that there is simply a negligible change in PSI due to weather and environmental conditions. Everyone begging for the NFL to release the "data" makes this Pats' fan a nervous wreck.
EDIT: Put simply, if Kensil is in charge of collecting such "data," does anyone here want to know the results or have those results made public?
The Patriots have already played at least one game at a temperature colder than the Colts game. I think it was the Monday Nighter when it was like 32 degrees or something.It has been warm so far this year. There don't seem to have been a lot of games where the Ideal Gas Law would act in a dramatic way. January games should be more indicative. I'm not suggesting that the league is waiting for more data before releasing it, but perhaps we should be thankful that they haven't released the data so far because it might not show much.
I understand the concern, but given the way that the WR was picked apart and exponent's analysis called into question, I think the scientific public who are following this case (i.e. those that understand how to do controlled experiments) will call bullshit on the NFL if all of the variables for which the WR was destroyed are not competently set up this time. This may very well be why the NFL isn't releasing any data (and may never release any data), because their methodology/process is probably flawed. This is a losing proposition for the NFL, and they likely just want it to go away (the appeal is different....they're not litigating the science, but rather the power of the commissioner under the CBA)This is my worry, too. You can easily fudge the data - just alternate measurements between each team's balls, and have the officials take their sweet time doing it. So, measure one ball from team A, then measure one ball from team B. Chat for a bit. Measure ball two from each team. And so on. The data will show that there's no difference between two team's balls and that they warm up and gain pressure really "quickly". Of course they won't keep track of time or temperature, so it will all make the Pats look guilty.
Well, that goes against their new policy. It would be a bad look for them to immediately ignore it after all of the DFG finger pointing this past year.My suspicion is that the NFL told the refs to pump up the footballs to 13.5 PSI so they can say at the end of the season: "no balls were below the minimum threshold at any time during the season, thus proving the Patriots balls were irregular."
I though the consensus on this board before the season was that the half time measurements would never see the light of day. I'm surprised people are still wondering if we'll ever see them. And MarkSullivaFan is right - it wouldn't matter anyways because the Wells Report doesn't dispute the Ideal Gas Law.Any game ball determined to be over 13.5 PSI or under 12.5 PSI will either be deflated or inflated to 13.0 PSI.
It has been warm so far this year. There don't seem to have been a lot of games where the Ideal Gas Law would act in a dramatic way. January games should be more indicative. I'm not suggesting that the league is waiting for more data before releasing it, but perhaps we should be thankful that they haven't released the data so far because it might not show much.
While there have been some cold weather games to gather data, there has not been a large enough sample size with enough variance in conditions to say with any certainty how PSI is impacted.The Patriots have already played at least one game at a temperature colder than the Colts game. I think it was the Monday Nighter when it was like 32 degrees or something.
Packers at Vikings was also sub 30 degrees.
No wet conditions that I can recall off the top of my head, but plenty of cold games already.
The AFCCG wasn't insanely cold night at all. It was mid 40's if I recall correctly.
My quick analysis shows there was potential for a temp change during the game that there have been 55 games where the game time temperature could have deviated by +/- 15 degrees this season. Within those there have 32 games where it is +/- 20 degrees, and there has been 11 games where it has deviated +/- 30 degrees.While there have been some cold weather games to gather data, there has not been a large enough sample size with enough variance in conditions to say with any certainty how PSI is impacted.
My quick analysis shows ...QUOTE]
How on earth did you do that quickly? Very impressive.
“It was probably one of the most passionate case discussions that we’ve had,” Iansiti recalls. “We had lots of Jets fans, lots of Patriots fans, lots of Colts fans. Their initial hypotheses correlated quite a bit with where everybody was from and what teams they liked, but I have to say, at the end of the day, the truth prevailed.”
That truth will remain undisclosed for the benefit of future students discussing the case, but one thing Iansiti does reveal is that their analysis pointed to “a complete lack of understanding” of the actual physics involved with football by those who make their living off the game. The lessons to be learned from that stretch beyond Deflategate.
“I don’t think this is about football at all. I think this is about human nature and organizations and performance,” Iansiti says. “The case shows that in any kind of environment, you’ve got to know your stuff. So from this perspective you can’t go ahead and accuse somebody of deflating a football without having a deep understanding of what pressure in those footballs should be.”
http://www.forbes.com/sites/hbsworkingknowledge/2015/12/14/harvard-business-school-takes-on-the-nfl-in-a-new-case-about-deflategate/“Whether they take the air out or no you will have to do the analysis for yourself…but what we can say is that this is an organization that’s taken a sleepy and essentially mismanaged industry and really done tremendous things,” Iansiti says. “If you go after a static, traditional environment and drive a new model of competition, you’re going to do really well. Take Google and advertising, or take Amazon and retail, and you can see organizations that have applied a fundamentally different model to a very old and relatively static industry with great reward.”
Iansiti says it would be fascinating to study the Patriots organization in more depth to analyze the team’s success.
“When you see an organization that’s so much better than the rest, it usually is not explainable by a simple factor,” he says. “It’s like what drives the performance of the Toyota production system. It’s not just one thing; it’s a lot of things. And this is what I would expect to find.”
This is what still makes me practically throw shit around angry at the draft pick loss. Just a fubar decision, and that should be reversed but never will due to complete incompetence at the league office that is universally laughed at now by all fans without specific agendas. But alas, not a damn thing to be done but skip the draft or make it into a bourbon taste test night.Edit: Huge chunks of my post got lost.
Attention: Do we have any HBS first years among the BBTL faithful?
Apparently HBS is teaching a deflategate case study to all first year students. They won't reveal the outcome of the case because they want to preserve it for future years but it's abundantly clear from the article (in particular the use of the word "data") that they side with the Pats.
http://www.forbes.com/sites/hbsworkingknowledge/2015/12/14/harvard-business-school-takes-on-the-nfl-in-a-new-case-about-deflategate/
From the article:Apparently HBS is teaching a deflategate case study to all first year students. They won't reveal the outcome of the case because they want to preserve it for future years but it's abundantly clear from the article (in particular the use of the word "data") that they side with the Pats.
http://www.forbes.com/sites/hbsworkingknowledge/2015/12/14/harvard-business-school-takes-on-the-nfl-in-a-new-case-about-deflategate/
Isn't it a reasonable assumption that item one (or, maybe, four) on Bill Simmons' ask list when he was talking to prospective new employers was "massive budget for no-stone-unturned investigation into league handling of DFG and corruption/mismanagement under RG more generally"?posted elsewhere
Quote from: bankshot1 on July 21, 2015, 09:53:45 AM
Being semi-serious for a second, IMO a book with an NFL deep throat insider delving into reign of RG and the Goodell--Brady DFG battle could be a good read, or at least an compelling case study for The Harvard B School in how not to manage a manageable problem.
the way he let klosterman or whoever that was on his first podcast walk all over him and not contradict some of the guys bigger leaps, I highly doubt it.Isn't it a reasonable assumption that item one (or, maybe, four) on Bill Simmons' ask list when he was talking to prospective new employers was "massive budget for no-stone-unturned investigation into league handling of DFG and corruption/mismanagement under RG more generally"?
As the self-proclaimed body language expert I'm guessing he was never able to let go of his first impression of Brady's initial press conference.the way he let klosterman or whoever that was on his first podcast walk all over him and not contradict some of the guys bigger leaps, I highly doubt it.
He was insanely underwhelming in his grasp of any of the particulars of DFG.