Originally Posted by Vis
Using the CBA to defend the draft and using it to prevent the coming to light of fraudulent behavior is different.
Using a CBA is the Swiss Army knife of defenses involving employee lawsuits - that is one reason the fraudulent concealment argument is a crucial issue to get around the CBA pre-emption
Insurance defense lawyer?
I think the league and the players both know and have known what they were getting into for decades - pro football is a dangerous game and any former player who contends they just figured that out is lying. Players being brain damaged is a tragedy, just as it is when a smoker dies of lung cancer (I have lost several family members to that vile disease). But I personally have problems with people filing suit against the tobacco companies for damages - you buy the ticket, you take the ride
As far as me being the poster who may not care, this was an interesting interview with Malcolm Gladwell on the issue of where fans fit into the issue of continuing to watch a game that is known to seriously injure a significant percentage of its participants
Should the NFL be banned too?
Gladwell: As long as the risks are explicit, the players warned, and those injured properly compensated, then I'm not sure we can stop people from playing. A better question is whether it is ethical to WATCH football. That's a harder question.
Following up on that observation have been a series of posts in The Atlantic
We need to be honest here: If you're going to play pro football, being hurt isn't merely a problem because you want to play. It's a problem because your absence could decrease your team's chance of winning, hurt your own image of self, and (perhaps most importantly) put you on the waiver-wire. Football is a job. I have no idea how, specifically, the NFL can change that. It's strikes me as built into the structure of the game.
I'll have more (in longer form) on my decision to turn away, a feeling that's only deepened as I've thought more on this. But I want to double down on something. I can't really over-emphasize how much this is a personal decision, and not—as one commenter put it—a "personal boycott."
I have no real designs to keep grown men from playing football. I don't really have designs on anything. I think as progressives we sometimes get trapped into discussing morality strictly in the paradigm of "affecting change." But I think morality in the Emersonian paradigm—that "nothing is at last sacred, but the integrity of your own mind," that religion is what you do when no one's looking... In football, as in so many other things, each of has to decide where that demonstration to self must be made. Personal morality is rarely improved in a crowd
My guess is your concerrns about the conduct by the NFL and whether others care about it has not reached the point where you are willing to forego watching the games?
No intent to throw rocks at your well reasoned posts, just suggesting that there is a certain tension between contending the NFL has been callous about player safety while continuing to patronize its product that we all know has to a significant extent become so popular due to the mayhem that occurs between the lines.