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Kapaernick

If you could do something that people paid to watch you would deserve the money too.
Demand isn't necessarily deserved.

Could you give an example? I guess that there is a demand for certain drugs that command a higher price that isn't necessarily deserved. But are there other examples of legal activity where the demand doesn't justify the higher price?

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Yes without Tom Brady Belichick is not as good a coach.

Brady deserves every penny he makes.

Patriots were 3-1 last year without Brady.
 
Oh brother.... Sorry for derail, but your income is based on demand. The more your work, the higher your work is in demand. If you want more income, educate yourself into a profession that is in high demand. Not complicated.

That is not always the case. Specifically NFL. There is a demand for maybe 100 prolate spheroid tossers, backups included. Yet there must be thousands of people who are very proficient at throwing it. Spiral and all. There is no rational reason why Kaep, Mannings et al should be paid millions.
No one forces any owner to pay any football player millions of dollars. Are you saying that football owners are irrational?

PS - There is a lot more to playing quarterback than throwing a football.
I.e. NFL is a textbook example of a failed market. If it was a functioning market, these players would not be making more than $80k or so.
Because.....?
 
Demand isn't necessarily deserved.

Could you give an example? I guess that there is a demand for certain drugs that command a higher price that isn't necessarily deserved. But are there other examples of legal activity where the demand doesn't justify the higher price?

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Yes without Tom Brady Belichick is not as good a coach.

Brady deserves every penny he makes.

Patriots were 3-1 last year without Brady.

Yeah, but when his suspension was over, he went back to being the starter.
 
Demand isn't necessarily deserved.

Could you give an example? I guess that there is a demand for certain drugs that command a higher price that isn't necessarily deserved. But are there other examples of legal activity where the demand doesn't justify the higher price?
Pretty much anything involving Oprah.
 
Jimmy, I disagree, but discussing it further would derail things.
I was just giving anothet example where German media tend to be uncritical. Reading about #BLM in German media, they never mention that most shootings they protest are justified, nor their links with black supremacism and terrorism (they lionize do-called Black Liberation Army). No wonder than that German players are falling for Kaep's nonsense.

The European perspective tends to be that it is NEVER justified for the state to kill civilians. It is sometimes unavoidable; But such cases are rare, and need to be examined openly and in great detail to learn how to prevent any recurrence of them. One result of this scrutiny is that they have found that by restricting access to firearms, they can massively reduce the number of occasions wherein it becomes unavoidable to kill civilians.

It is unusual for a police officer in Europe to kill a civilian, and any officer who kills a civilian in the course of his work is likely to see some repercussions on his career - even if he keeps his job, having killed someone is likely to put a damper on his prospects of promotion.

This way of thinking is completely alien to Americans, whose culture is completely OK with the idea that a person can be killed by the state for failure to comply with its laws, or with the directives and commands of its law enforcement officials.

Europeans have a long history that has taught them time and time again that allowing the state to kill citizens for any reason is a dangerous precedent that ultimately results in tyranny. Americans have a totally unrealistic idea that they are somehow freer than anyone else by fiat, and that therefore guarding against tyranny is unnecessary; If the worst comes to the worst, Americans imagine that tyranny can be prevented by simply killing lots of people. They seem to be completely blind to the inherent irony in this idea.

Whenever an American on this board refers to "justified shootings", it simply highlights this divide; To the European way of thinking, there is simply no such thing. There are just shootings, and all of them are unacceptable, even if they were unavoidable. It's rather like the difference in attitude between car crash investigations and air crash investigations. The NTSB don't just shrug their shoulders and say 'Well it was just an accident'. They find the root causes of EVERY 'accident', and try to do something to prevent those conditions from occurring again. The police in Europe don't just shrug their shoulders and say "Well it was a justified shooting"; They try to find the root cause of every shooting, and to do something to prevent a recurrence.

The number of deaths per passenger-mile on commercial airlines in the United States between 2000 and 2010 was about 0.2 deaths per 10 billion passenger-miles. For driving, the rate was 150 per 10 billion vehicle-miles for 2000 : 750 times higher per mile than for flying in a commercial airplane.
- Wikipedia


List_of_countries_by_firearm-related_death_rate:

United States

There is no consistent recording of firearms use across all states, some bodies such as the New York Police Department report on firearms discharge. In 2015 NYPD reported a record low of 8 deaths as well as 15 injuries caused by police firearms discharge.

The Federal Bureau of Investigation publish the number of justified homicides by law enforcement.

In response to the lack of published data The Guardian launched The Counted- a program to record the number of fatal police shootings throughout the United States. The Guardian reports that 1146 people were killed in 2015 and 1092 people in 2016.
My bold - The number of people killed isn't even reported, FFS.

From the above, the number of civilians killed by police firearms, per annum, per hundred million population:

England and Wales - 5
France - 6
Germany - 12
Austria - 12
Netherlands - 18
Denmark - 71
USA - 342

It is, perhaps, reasonable to argue (on the basis of actual numbers achieved by the best performing police forces) that up to a dozen fatal shootings by police per annum per hundred million population are unavoidable; and that this number is therefore "justified"; However even by this very generous assessment, that implies that US police kill 330 more people per hundred million, or close to 1,000 people per annum, MORE than the number that can be justified as 'unavoidable' even by this very lax standard.

All the rest might be subject to rationalizations; And if you keep up your excellent record of keeping as few records as possible, you might be able to squint and pretend that there's no problem. But the numbers don't lie. Your nation is exceptional - it kills its own citizens without trial about thirty times as often as any civilized nation.

The first step to a solution is to admit that you have a problem. But you refuse to do so. The German media have EVERY right to be critical of the actions of US police forces; It is unnecessary to even look at the detailed rationalizations offered for individual cases, when the numbers (and the lack of numbers) show that you are not even taking the most basic steps towards minimizing the killing of civilians by police, without trial.

How happy would you be to get on an aircraft, if the NTSB didn't even keep accurate records of the number of planes that crashed per annum?

The policy of the NTSB (and the CASA, BEA, AAIB, and other similar organizations) is that the acceptable number of plane crashes is zero.

The policy of the police in the EU is, similarly, that the acceptable number of civilian deaths at the hands of police is zero.
 
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It looks like Kaepernick is taking this to arbitration.

Charging collusion.

I heard that this morning. I'm curious what leg he could possibly have to stand on.

First, it's seems a stretch to argue that NFL owners aren't allowed to collude in that the NFL is in its essence an organization in which owners agree to abide by all sorts of common rules. It would seem like he's got to demonstrate that "sure you're allowed to collude on A, B, C, D, E, F, G, H, I thru W, and Z but you're not allowed to collude on X" . And then he'd have to have some evidence they did in fact collude on X.

But I'm sure suing the owners will further endear him to the owners, and also convince them he's totally focused on football and not activism, and he's not the sort of marginal quality back up who will in any way create a disproportionate media circus.
 
I think Kaepernick will have a hard time selling this one in court. Proving collusion can't be as easy as saying "Well... I haven't been signed... I mean fuck, the Jets are starting Josh McCown! Seriously! WTF?!"
 
I think Kaepernick will have a hard time selling this one in court. Proving collusion can't be as easy as saying "Well... I haven't been signed... I mean fuck, the Jets are starting Josh McCown! Seriously! WTF?!"

It can be done with a preponderance of the evidence.

If he can demonstrate he has been passed over repeatedly for players with inferior statistics it could be possible.
 
It looks like Kaepernick is taking this to arbitration.

Charging collusion.

I heard that this morning. I'm curious what leg he could possibly have to stand on.

First, it's seems a stretch to argue that NFL owners aren't allowed to collude in that the NFL is in its essence an organization in which owners agree to abide by all sorts of common rules. It would seem like he's got to demonstrate that "sure you're allowed to collude on A, B, C, D, E, F, G, H, I thru W, and Z but you're not allowed to collude on X" . And then he'd have to have some evidence they did in fact collude on X.

But I'm sure suing the owners will further endear him to the owners, and also convince them he's totally focused on football and not activism, and he's not the sort of marginal quality back up who will in any way create a disproportionate media circus.

They have a collective bargaining agreement.

The areas where owners can and cannot collude are somewhat spelled out.
 
I think Kaepernick will have a hard time selling this one in court. Proving collusion can't be as easy as saying "Well... I haven't been signed... I mean fuck, the Jets are starting Josh McCown! Seriously! WTF?!"

It can be done with a preponderance of the evidence.

If he can demonstrate he has been passed over repeatedly for players with inferior statistics it could be possible.
Absolutely not and I completely disagree because you are forgetting on crucial part. Pay. Kaepernick might not agree with what teams are willing to pay him. While other QBs are out there that are likely underskilled, their pay is likely less, in most cases. Additionally, Kaepernick is getting older, so his running contributions to the offense are getting slighter as well as his chances of injury go up every time he leaves the pocket and takes a hit when running.

It isn't an easy argument to make. And honestly, he has to prove the owners are intentionally blacklisting him. It isn't an easy case.
 
I think Kaepernick will have a hard time selling this one in court. Proving collusion can't be as easy as saying "Well... I haven't been signed... I mean fuck, the Jets are starting Josh McCown! Seriously! WTF?!"

Approximately 7 billion people on this planet can make that argument. Including you and me.

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I heard that this morning. I'm curious what leg he could possibly have to stand on.

First, it's seems a stretch to argue that NFL owners aren't allowed to collude in that the NFL is in its essence an organization in which owners agree to abide by all sorts of common rules. It would seem like he's got to demonstrate that "sure you're allowed to collude on A, B, C, D, E, F, G, H, I thru W, and Z but you're not allowed to collude on X" . And then he'd have to have some evidence they did in fact collude on X.

But I'm sure suing the owners will further endear him to the owners, and also convince them he's totally focused on football and not activism, and he's not the sort of marginal quality back up who will in any way create a disproportionate media circus.

They have a collective bargaining agreement.

The areas where owners can and cannot collude are somewhat spelled out.

Cite?
 

https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf

ARTICLE 17 ANTI-COLLUSION

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It can be done with a preponderance of the evidence.

If he can demonstrate he has been passed over repeatedly for players with inferior statistics it could be possible.
Absolutely not and I completely disagree because you are forgetting on crucial part. Pay. Kaepernick might not agree with what teams are willing to pay him. While other QBs are out there that are likely underskilled, their pay is likely less, in most cases. Additionally, Kaepernick is getting older, so his running contributions to the offense are getting slighter as well as his chances of injury go up every time he leaves the pocket and takes a hit when running.

It isn't an easy argument to make. And honestly, he has to prove the owners are intentionally blacklisting him. It isn't an easy case.

He does not have to prove. He has to convince an arbitrator that his side is more plausible.

Does the rights of owners to not have to deal with political issues supersede the rights of a human being to make a living?
 
https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf

ARTICLE 17 ANTI-COLLUSION

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It can be done with a preponderance of the evidence.

If he can demonstrate he has been passed over repeatedly for players with inferior statistics it could be possible.
Absolutely not and I completely disagree because you are forgetting on crucial part. Pay. Kaepernick might not agree with what teams are willing to pay him. While other QBs are out there that are likely underskilled, their pay is likely less, in most cases. Additionally, Kaepernick is getting older, so his running contributions to the offense are getting slighter as well as his chances of injury go up every time he leaves the pocket and takes a hit when running.

It isn't an easy argument to make. And honestly, he has to prove the owners are intentionally blacklisting him. It isn't an easy case.

He does not have to prove. He has to convince an arbitrator that his side is more plausible.

Does the rights of owners to not have to deal with political issues supersede the rights of a human being to make a living?

In the absence of concrete evidence showing collusion between at least two parties, he won't be able to prove that his side is more plausible. I could easily come up with one or more valid reasons for every single team not signing him. And since this is arbitration, not a trial, he can't subpoena any records or compel anyone to testify.

Major League Baseball lost a collusion case years ago, because some team officials couldn't keep their mouths shut, and made statements to player agents that connected the dots. I'd be shocked if anything like that has happened here.

And no one is guaranteed the right to make a living in their chosen profession.
 
Section 5. Enforcement of Anti-Collusion Provisions: Except as provided in Section
16(d) below, any player or the NFLPA, acting on that player’s or any number of players’
behalf, may bring an action before the System Arbitrator alleging a violation of Section 1
of this Article. In any such proceeding, the Federal Rules of Evidence shall apply. Issues
of relief and liability shall be determined in the same proceeding (including the amount
of damages, pursuant to Section 9 below, if any). The complaining party shall bear the
burden of demonstrating by a clear preponderance of the evidence that (1) the challenged
conduct was or is in violation of Section 1 of this Article and (2) caused any
economic injury to such player(s).


Section 6. Burden of Proof: The failure by a Club or Clubs to negotiate, to submit
Offer Sheets, or to sign contracts with Restricted Free Agents or Transition Players, or
to negotiate, make offers, or sign contracts for the playing services of such players or
Unrestricted Free Agents, shall not, by itself or in combination only with evidence about
the playing skills of the player(s) not receiving any such offer or contract, satisfy the
burden of proof set forth in Section 1 above. However, any of the types of evidence
described in the preceding sentence may support a finding of a violation of Section 1 of
this Article, but only in combination with other evidence which, by itself or in combination
with such evidence, indicates that the challenged conduct was in violation of Section
1 of this Article. Nothing in this Agreement shall preclude the NFL or its Clubs from
arguing that any evidence is insufficient to satisfy the burden of proof set forth in Section
5 above. Nothing in this Agreement shall preclude the NFLPA or any player from
arguing that any evidence is sufficient to satisfy the burden of proof set forth in Section
5 above, except as set forth above.

A couple relevant sections from the above doc. My emphasis.

The second provision seems intended to specifically knock out the 'but I'm better than that Jet's backup so it must be collusion" line of argument.
 
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