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  1. awallstein

    National Football League of "Merica: Week 1

    I disagree. Disgusted ambivalence is a useful (and perhaps necessary) pit-stop along the journey from enjoyment/addiction to rejection. And discussions like these serve as a kind of wheel alignment.
  2. awallstein

    TB Suspension: Cheater free to play again

    I think there's some serious under-appreciation here of the NFLPA's predicament in terms of its realistic leverage. Player careers in the NFL are typically remarkably short, many less than a couple seasons. Imagine the NFL being shut down for an entire year. There'd be a considerable back-log...
  3. awallstein

    TB Suspension: Cheater free to play again

    Yes, the union retains a concrete and particularized injury in an arbitrator's improper interpretation of its CBA.
  4. awallstein

    TB Suspension: Cheater free to play again

    Adrian Peterson had served his sentence, and there was never a claim of mootness. As far as the effect on cert-worthiness, hell, look at the recently decided Fisher II case! (it seems unworthy though)
  5. awallstein

    #DFG: Canceling the Noise

    of course, ideally, his glove could take a more direct path from the intercept-point toward the tag, but that's probably not enough to compensate for the slower speed.
  6. awallstein

    #DFG: Canceling the Noise

    The question would be which would travel faster, the ball heading to the glove (per your suggestion), or his glove moving from the catch-point to the tag-area (Jeter's apparent plan). The ball is probably moving faster than his glove could?
  7. awallstein

    TB Suspension: Cheater free to play again

    To sum up the various amicus briefs: Goodell’s award is the equivalent of a $5000 ticket for riding in the back-seat of a car traveling 70 mph on I-90.
  8. awallstein

    TB Suspension: Cheater free to play again

    I think it comes down to the players being obliged to live with the level of bias inherent in their agreement. There's a disagreement about what that level is, and/or whether Goodell's conduct exceeded it, but it's certainly nice to have Feinberg weigh in.
  9. awallstein

    TB Suspension: Cheater free to play again

    Wrong and Good indeed.
  10. awallstein

    TB Suspension: Cheater free to play again

    That'd be nice, except that labor doesn't give a rat's ass about this fiasco of a case; and, if anything, tends to prefer the finality of arbitration.
  11. awallstein

    TB Suspension: Cheater free to play again

    I can't speak to the rehearing odds in particular, but as a labor leader, I find the notion that this case could have far-reaching implications for labor relations almost laughably unpersuasive. I've never come across any other CBA that empowers an employer to sit as an arbitrator for a contract...
  12. awallstein

    TB Suspension: Cheater free to play again

    Not specifically - just the unprecedented severity of Brady's punishment
  13. awallstein

    TB Suspension: Cheater free to play again

    My favorite line: "(Goodell) did not explain why the steroid provision was more relevant to determining the penalty for an equipment-related violation than the penalty schedule for equipment-related violations."
  14. awallstein

    TB Suspension: Cheater free to play again

    Want to hear something funny? I just received an email blast from the Washington State Labor Council, advancing the view that the 2nd Circuit's opinion was, at the end of the day, a victory for organized labor and collective bargaining. My head nearly exploded.
  15. awallstein

    #DFG: Canceling the Noise

    Not necessarily. The opinion is grounded by the undisputed premise "that the "law of the shop" requires the League to provide players with advance notice of “prohibited conduct and potential discipline."" (Page 14) The CoA merely rejected the District Court's judgement (that the award in...
  16. awallstein

    TB Suspension: Cheater free to play again

    Yes. As a matter of fact, this is exactly what is happening in the Adrian Peterson case.
  17. awallstein

    TB Suspension: Cheater free to play again

    I'd imagine he's thinking the four pro-business conservatives would side with Roger Dodger, and the four pro-worker liberals would be in the Union's corner. There's also the finality of arbitration vs judicial review question, and on that, things don't break down along the usual idealogical...
  18. awallstein

    TB Suspension: Cheater free to play again

    The FAA provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving com- merce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds...
  19. awallstein

    TB Suspension: Cheater free to play again

    The panel simply consists of the "principal" players (each of whom will normally be a member of the Union)... So, in essence, one party (management) may terminate a musician; the other party's leaders (the principals) will hear any appeal. In this sense, I suppose you could say it's the opposite...
  20. awallstein

    TB Suspension: Cheater free to play again

    There was also an interesting exchange during oral arguments for the Peterson case in the 8th circuit (a less convoluted scenario since Goodell wasn't the hearing officer, Harold Henderson was): Judge (not sure which one): “Who’s the arbitrator under Article 46?” Nash: “The parties have...
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