New Commish deals out punishments for Pacman and Henry....

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Post by Mursilis »

brad7686 wrote:If the union puts up any kind of defense whatsoever this should get thrown out or at least reduced. The suspensions are completely ex post facto. The events leading to the suspension all occurred before the new personal conduct policy was instated. That seems to me to be very unconstitutional, as any new bills or laws can't be enforced ex post facto.


First, the union knows it does no one, the players or the owners, any good for the NFL to develop into a thug league. The union has been supporting the league on this conduct stuff, so don't look for them to raise much of a fuss, if any.

Second, the league is not the gov't - the law isn't the same. No one has a 'right' to play in the league, and there's nothing unconstitutional about this suspension. Pacman, or any other player, is still able to play for the Arena League, the CFL, or wherever.
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Post by brad7686 »

Mursilis wrote:
brad7686 wrote:If the union puts up any kind of defense whatsoever this should get thrown out or at least reduced. The suspensions are completely ex post facto. The events leading to the suspension all occurred before the new personal conduct policy was instated. That seems to me to be very unconstitutional, as any new bills or laws can't be enforced ex post facto.


First, the union knows it does no one, the players or the owners, any good for the NFL to develop into a thug league. The union has been supporting the league on this conduct stuff, so don't look for them to raise much of a fuss, if any.

Second, the league is not the gov't - the law isn't the same. No one has a 'right' to play in the league, and there's nothing unconstitutional about this suspension. Pacman, or any other player, is still able to play for the Arena League, the CFL, or wherever.


I know it isn't the government but when there is an appeal by the union i believe the judiciary branch is involved in some way. At least i would hope.
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Post by Countertrey »

That seems to me to be very unconstitutional, as any new bills or laws can't be enforced ex post facto.


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Post by PulpExposure »

brad7686 wrote:
Mursilis wrote:
brad7686 wrote:If the union puts up any kind of defense whatsoever this should get thrown out or at least reduced. The suspensions are completely ex post facto. The events leading to the suspension all occurred before the new personal conduct policy was instated. That seems to me to be very unconstitutional, as any new bills or laws can't be enforced ex post facto.


First, the union knows it does no one, the players or the owners, any good for the NFL to develop into a thug league. The union has been supporting the league on this conduct stuff, so don't look for them to raise much of a fuss, if any.

Second, the league is not the gov't - the law isn't the same. No one has a 'right' to play in the league, and there's nothing unconstitutional about this suspension. Pacman, or any other player, is still able to play for the Arena League, the CFL, or wherever.


I know it isn't the government but when there is an appeal by the union i believe the judiciary branch is involved in some way. At least i would hope.


Uh, I bet contractually there is an arbitration clause in the NFLPA employment contract. Arbitration doesn't take place in a court of law (usually...excepting wierd circumstances like Vaccine disputes and reinsurance claims). The legal protections you may be familiar with from watching Law and Order and other shows of it's ilk may not apply (and usually do not).

And the Player's Union undoubtably okayed this beforehand, because there is no way a new Commissioner would take such a strong stance unless he had the tacit approval of the NFLPA.
Edit: Yep, they did. From here:

By first consulting with heads of the NFL players' union and with the players themselves, Goodell made sure that he emerged looking more like a peacemaker and less like a tyrant.

He did what he had to do, but only after smoothing troubled waters before wading in.

First, he met with Gene Upshaw, head of the players' union. Then he met with a group of players to hear what they had to say about the off-the-field incidents that threaten to turn the NFL into the O.K. Corral. Then he named a six-member board of veteran players to advise him on issues -- with player conduct the most urgent.

In short, he reached out to the people most affected by a new NFL conduct code to guarantee their inclusion before rendering a decision.
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Post by KazooSkinsFan »

brad7686 wrote:If the union puts up any kind of defense whatsoever this should get thrown out or at least reduced. The suspensions are completely ex post facto. The events leading to the suspension all occurred before the new personal conduct policy was instated. That seems to me to be very unconstitutional, as any new bills or laws can't be enforced ex post facto.


The Constitution is about what Government can and cannot do. The NFL is private. Discussing the NFL's actions and Constitutionality is a non-sequitur.

That doesn't mean you can't think it's "wrong" and oppose it, I actually have no position on your statement. Just that it's not a "Constitutional" issue.
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Post by SkinsJock »

First of all this is the NFL and participating on the NFL field is a privilege, not a right. There are no "legal" issues here, this is a business trying to protect the image :wink:

I understand that Jones is going to appeal and that is part of the process but Goodell made this decision after meeting with Jones and hearing his side of the story and hearing promises that this will never happen again - IMO this is not going to change anything. Goodell wanted to make an example here and Jones by his actions over a period of time gave him the opportunity to do that and it is very obvious to me that a lot (most) of the players support that decision.

From the reaction from Jones which should be contrite and apologetic about what his actions have caused we can expect this suspension to not only stand but it will not be shortened for good behaviour after 10 games which was a possibility.


I would hope that Jones can understand that he better be very careful about how he behaves and who he hangs around with or he will not be playing on a field with an NFL logo again. I think that this guy has not learned anything and is showing why he got the suspension in the first place :lol:
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