Putting Your Law Chops to a Good Cause - Last Call

[ipol]

So I'm not getting 30 years to wait for the tell all book? Fine. I won't be a distraction. Should I set up a PayPal account?

 

[Otis Foster]

So I'm not getting 30 years to wait for the tell all book? Fine. I won't be a distraction. Should I set up a PayPal account?

 
Do they take Bitcoins?

 

[AB in DC]

 
Well, as Myt1 said, this isn't exactly subtle.  The question really is "was there an absolute need for the Court to include X in it's opinion?"
 
Here, there's a lot it didn't need to put in; it could have just made sort of standard findings of fact.   Instead, everything it chose to put in and/or quote is extremely critical of Goodell, et. al.   
 

 
You do realize that you're trying to give the subtle reason why the subtleties really arent subtle.  

 

[Otis Foster]

You start with the Scalia dissents, too, huh?

Edit: In the 1st Circuit, we recently had a dissent invoke Plessy and Korematsu. The judges and justices are generally more likely to leave the out and out disdain for each other.

 
 
Mild digression....
 
On June 23rd, I was reading a Supreme Court opinion on an immigration matter. I have no idea why; I never practice in that area, but every now and then I like to see what's going on 10 levels above my pay grade.I got to Scalia's dissent, and thought I'd have to put on asbestos underwear. As angry as he can get, nothing topped this. He was excoriating man- and woman-kind. I can't claim any great foresight, but I did say to myself 'something's going on in chambers'.
 
I was right of course - on the 25th, the Supremes upheld the ACA 5-4. Scalia was enraged by Roberts, who apparently flipped somewhere along the line, after Antonin was convinced he had him in his pocket.
 
I don't imagine he and RBG got together for their opera singing session that week.

 

[ipol]

I voted for DCM because his was the most fun. And the closest to mine since one shouldn't - ahem - vote for ones self. Lock it up about 7 AM eastern? Tough to see any late rallies happening and this fiddy is burning a hole in my pocket. They take credit cards!

 

[Otis Foster]

Maybe Richard Dailey has the Chicago 10th ward in his pocket, but that aside, it looks like we're all in. I'll wait till 4 PM Eastern just to be sure.

 

[Otis Foster]

DCM is first with 17 votes. WBV comes in second.

The Jimmy Fund is the real winner.

 

[dcmissle]

DCM is first with 17 votes. WBV comes in second.

The Jimmy Fund is the real winner.

Great gesture on your part. Thank you.

Kindly direct it to JF on behalf of SoSH

 

[ipol]

Great gesture on your part. Thank you.

Kindly direct it to JF on behalf of SoSH

I certainly will [emoji2]

 

[Reverend]

Now that the verdict is in, I mean, but goddamn has this been fun...

 

[Ed Hillel]

Hold up! What's an election without a bit of controversy:

Tell us what you think Berman will do, and why. Keep the answers concise, say less than 200 words and post the responses in this thread.

I think this will be a victory for TB and the NFLPA stunning in scope, on both substantive and procedural grounds. The hero (other than Judge Berman) will be Paul Tagliabue. Roger Goodell and Troy Vincent will get honorable mention for helping to weave the hangman's noose.

1. The suspension will be vacated for lack of notice. "General awareness" will be eviscerated. The effort to rehabilitate it in RG's opinion will be rejected with a tone approaching ridicule; as Troy Vincent testified, the penalty was based on the Wells Report, and you can't gussy that up on appeal, at least on the facts of this case.

Roger Goodell's testimony in Ray Rice that notice is required will be underscored. The Bountygate ruling will be mined for all it is worth, a great deal, including Tagliabue's vacating penalties for lack of notice and the fact than many players there were not penalized despite their undisputed general awareness of systemic wrongdoing.

Tagliabue is recognized both as philosopher king and the the author of the law of this particular shop. Goodell can change it to be sure (though the NFLPA may file a grievance to litigate general awareness penalties ) but he may not so so without notice. It's easy really -- be reasonably clear about what you intend to punish, and how.

Non-cooperation falls for lack of notice too, at least insofar as any suspension is concerned. Ted Wells is exposed for being too clever by half.

2. If the NFL is interested, it may pursue a fine, but the fine may not stand because of procedural unfairness below. Pash and Paul Weiss, Paul Weiss and Pash. These things at least merit some discovery.

3. Dessert will be an exposition of so much of what's bothered us all. What plainly was a witch hunt will be described neutrally, which means with devastating effect. Judge Berman will have particular fun deconstructing a penalty that is ostensibly imposed for trying to rig an AFC Championship game, but based on inferences that lead nowhere near the intended target.

If I'm right, this should be fun.

Someone call Ted Wells, I've been cheated! We've all been cheated. The playing field was not level.

 

[Ed Hillel]

Seriously, though, congrats DCM*ssle. Glad it's going to a good cause.

 

[dcmissle]

Seriously, though, congrats DCM*ssle. Glad it's going to a good cause.

You can fine me, suspend my membership for 4 weeks, but even Goodell did not take the trophy.

 

[Otis Foster]

Hold up! What's an election without a bit of controversy:

Someone call Ted Wells, I've been cheated! We've all been cheated. The playing field was not level.

 
 
That's OK, EdH. You get a nice plush teddy bear as a consolation. Pash and RG told me that's fair. The stuffing is leaking a little, but just avoid the staples and you'll be OK
 
iPol gets a Donald Trump wind-up doll that is programmed for his 10 most idiotic rants. (Picking them was tough. Maybe another contest?)
 
Anyway, from the Jimmy Fund in honor of you all, Sons and Daughters of Sam Horn, courtesy of DCM, a big thank-you. As Rev said, it's been a great ride.
 
 

 

[ipol]

This is what I should have said before: The entertainment and knowledge I've gleaned over the last several months of reading the thoughts of you fine people is worth every penny of my meager donation. Truly, thank you all.

 

[Reverend]

I'll miss you most of all, Scarecrow!!