Thursday, September 03, 2015

Shank = Not Exactly Alan Dershowitz

As my co-blogger notes below, it's always amusing to see Shank do a 180 degree turn on a subject. A mere five weeks ago, Tom Brady was a cheater. With today's column, you do not see the faintest hint of the notion that Tom Brady's a cheater, do you?

"Hey, Tom, sorry about calling you a cheater a while ago. Glad that's all cleared up now. We're good, right?"

Sadder still is Shank's lack of due diligence with respect to the following sentence:
"Tom Brady wins. Roger Goodell loses. So when does Bob Kraft reverse himself once more and go after the NFL to reclaim the $1 million fine and loss of two draft picks?"
It's sad, but not surprising, that Shank has had seven months to examine this situation and still have little to no idea about contract law, legal precedents with respect to the NFL or collective bargaining agreements, all stemming from his laziness or lack of curiosity. I was able to blow through the Berman decision in the better part of an hour and conclude that Berman's decision (last part of p. 18 to about page 39) was based on numerous violations / misapplications of NFL precedence and due process procedures by commissioner Goodell with respect to the existing collective bargaining agreement during the arbitration hearing, which makes Shank's contention about half right. Further of Brady's contentions (the rest of the Scribd link above) were dismissed by Judge Berman.

If he had bothered to read Berman's report, he would realize that Berman did not rule against anything in the Wells Report itself, never opining on the underlying allegations against Brady and thus not providing Kraft any basis for an appeal of the team fine and loss of draft picks. This is just a further demonstration of Shank's laziness.

1 comment:

John Martinez said...

I think we need to help Dan with his therapy bills now that Tom Brady's suspension was stayed by Judge Berman.

If Dan doesn't use the money, it goes to the Jimmy Fund.