Why isn't Ezekiel Elliot in prison?

Verdict

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Not really

Now a completely unsubstantiated claim made with full knowledge of its falsehood could potentially be pursued in civil court under libel/slander laws, but the NFL could suspend Zeke for his hairstyle tomorrow if a panel consistent with the rules outlined in the CBA approved it.

In this case, no civil court would side with Zeke because Zeke can't show the league knowingly made false claims about it. All the league has to say we genuinely he hit her, and Zeke can't show a preponderance of evidence to the contrary.


It depends on lots of different factors. One factor can change the result.
 

links18

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The NFL carries no requirement to fulfill any burden of proof and has the power to arbitrarily suspend any player for anything, so long as they go about it through the process outlined in the CBA.

That document, which the NFLPA signed willingly and most fans supported to keep these "uppity, thug athletes" in check, gives the commissioner near-ultimate power to do as he wants. Does it suck? Yes. It sucks even more for the few of us who screamed from the rooftops how bad this would turn out at the time, only to be drowned out by the masses.

So when you are upset by this, just sit back and remember: Most fans wanted this.

Here you go

The expectation when you agree to a CBA is that whatever disciplinary proceedings take place will be carried out in good faith with fundamental fairness. This should be enforceable in a court of law, but as we have seen, different people will have different ideas about what is fair and what isn't and the only opinions that ultimately count are the ones from those with robes.
 

Verdict

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Not really

Now a completely unsubstantiated claim made with full knowledge of its falsehood could potentially be pursued in civil court under libel/slander laws, but the NFL could suspend Zeke for his hairstyle tomorrow if a panel consistent with the rules outlined in the CBA approved it.

In this case, no civil court would side with Zeke because Zeke can't show the league knowingly made false claims about it. All the league has to say we genuinely he hit her, and Zeke can't show a preponderance of evidence to the contrary.


I am curious to see how this plays out in the court system. I think if it is overturned it will likely turn on a due process issue.
 

Verdict

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The expectation when you agree to a CBA is that whatever disciplinary proceedings take place will be carried out in good faith with fundamental fairness. This should be enforceable in a court of law, but as we have seen, different people will have different ideas about what is fair and what isn't and the only opinions that ultimately count are the ones from those with robes.


The Judge in NY's opinion matters most right now because it is the last. That doesn't mean that she will get the final say or that her decision will stand
 

TWOK11

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It depends on lots of different factors. One factor can change the result.

It doesn't depend on any variables, that's just how civil law works.

As far as the CBA, read it for yourself. All Goodell has to do is state a given activity violates the conduct detrimental or arbitrary personal conduct policies and then go about the process step by step as outlined in the CBA. If he does that he can suspend a player for, literally, anything. It's why Tom Brady never had a real chance and Zeke doesn't either.

I can't stress this enough: THE NFL HAS THE POWER TO SUSPEND ANY PLAYER FOR ANY REASON AT ANYTIME. It does NOT have to be a crime, or even something most deem offensive.

And most fans and players willingly accepted this reality years ago.
 

TWOK11

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The Judge in NY's opinion matters most right now because it is the last. That doesn't mean that she will get the final say or that her decision will stand

It will

She's biased and it's not necessarily fair, but there is precedent and legally the NFL is on rock solid ground.
 

Verdict

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You get a +1 from me for starting another Zeke thread. Exercise those texting/typing fingers and see if we can squeeze another two or three Zeke threads in by midnight.


I was complementing the poster and got flamed by the poster for it. Today up is down and down is up.
 

Verdict

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It doesn't depend on any variables, that's just how civil law works.

As far as the CBA, read it for yourself. All Goodell has to do is state a given activity violates the conduct detrimental or arbitrary personal conduct policies and then go about the process step by step as outlined in the CBA. If he does that he can suspend a player for, literally, anything. It's why Tom Brady never had a real chance and Zeke doesn't either.

I can't stress this enough: THE NFL HAS THE POWER TO SUSPEND ANY PLAYER FOR ANY REASON AT ANYTIME. It does NOT have to be a crime, or even something most deem offensive.

And most fans and players willingly accepted this reality years ago.


You are confusing the offense and the process. The process in the instant situation is where the rub is.
 

Verdict

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It will

She's biased and it's not necessarily fair, but there is precedent and legally the NFL is on rock solid ground.


It may turn out that way but I don't think it is nearly that clear.
 

TWOK11

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I am curious to see how this plays out in the court system. I think if it is overturned it will likely turn on a due process issue.

I personally hope it isn't overturned. As much as I hate the CBA and Goodell, I hate judicial activism more. The courts have no business meddling with private contract law and no legal authority to alter or void such agreements.

Based on the CBA signed by the NFLPA, a legal representative of the players, what the league is doing IS LEGAL. And a court saying it isn't is a slippery slope by which basic fundamental principles of private business could be eroded.
 

TWOK11

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You are confusing the offense and the process. The process in the instant situation is where the rub is.

Unless Zeke can prove collusion or some other violation of the process by which he was suspended, something which we currently have no direct evidence of, he has no chance.
 

Verdict

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I personally hope it isn't overturned. As much as I hate the CBA and Goodell, I hate judicial activism more. The courts have no business meddling with private contract law and no legal authority to alter or void such agreements.

Based on the CBA signed by the NFLPA, a legal representative of the players, what the league is doing IS LEGAL. And a court saying it isn't is a slippery slope by which basic fundamental principles of private business could be eroded.

I disagree with reinventing contracts as well. In this case I don't think you have to rewrite this contract to side with the NFLPA. And I hate the NFLPA.
 

GimmeTheBall!

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I personally hope it isn't overturned. As much as I hate the CBA and Goodell, I hate judicial activism more. The courts have no business meddling with private contract law and no legal authority to alter or void such agreements.

Based on the CBA signed by the NFLPA, a legal representative of the players, what the league is doing IS LEGAL. And a court saying it isn't is a slippery slope by which basic fundamental principles of private business could be eroded.

Are ... you ... from the future?
 

TWOK11

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The expectation when you agree to a CBA is that whatever disciplinary proceedings take place will be carried out in good faith with fundamental fairness. This should be enforceable in a court of law, but as we have seen, different people will have different ideas about what is fair and what isn't and the only opinions that ultimately count are the ones from those with robes.

But there is no LEGAL REQUIREMENT for "good faith" here. The only way this gets voided is if somehow Zeke proves the league suspended him without going about it the way outlined in the CBA. The league either did so or covered up their collusion so well we probably won't ever know.
 

Verdict

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Unless Zeke can prove collusion or some other violation of the process by which he was suspended, something which we currently have no direct evidence of, he has no chance.

Ok. Ignore the process and say that the process is fine if you want. I am really interested in seeing how this turns out.

The NFL may win this, but the NFL is playing with fire based on ego. The NFL has a lot more to lose than Zeke does. I keep saying that. It's a huge risk by the NFL. Huge.

If the NFL wins Zeke gets 6 games. If The NFLPA wins, the NFL loses it kangaroo court. It's a poor tactical choice by the NFL.
 

TWOK11

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Because ... sometimes we think women accusers are sluts and they deserve it?

It's a fact the accuser fabricated at least SOME of her claims. Are they all false? I don't know, nobody but the two of them truly do, but I have reasonto distrust anything she says. She sounds like a vile, vengeful woman and Zeke definitely makes questionable decisions in his personal life.

That being said, legally, it doesn't matter if he hit her or not. The NFL can suspend him all the same.
 

Redball Express

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Innocent in a court of law.

Guilty in the court of public opinion.
Here's what I don't understand..

if this accuser is wrong..

why is Zeke not suing her?

If the abuse was real..then you don't.

So far Zeke hasn't.

What difference does it make now with the suspension moving forward.

Nobody would criticize Zeke for taking a more aggressive position.

Nothing in the NFLPA agreement would prohibit it.
 

GimmeTheBall!

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It's a fact the accuser fabricated at least SOME of her claims. Are they all false? I don't know, nobody but the two of them truly do, but I have reasonto distrust anything she says. She sounds like a vile, vengeful woman and Zeke definitely makes questionable decisions in his personal life.

That being said, legally, it doesn't matter if he hit her or not. The NFL can suspend him all the same.

THAT SLUT!!!!!

HANG HER UP AND MAKE HER SORRY!!!!!!!

LET ZEKE BE FAMOUS!!!!!!!
 
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