Kilburn policy analysis of the recent concussion lawsuit filed against the national football league (nfl)
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http://espn.go.com/nfl/story/_/id/10354114/harris-poll-nfl-most-popular-mlb-2nd Smith, Michael David. "Dustin Keller says NFL must do something about low hits." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. <http://profootballtalk.nbcsports.com/2013/12/09/dustin-keller-says-nfl-must-do-something-about-low-hits/>. Smith, Michael David. "T.J. Ward: If I hit Rob Gronkowski high, I would have been fined." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. <http://profootballtalk.nbcsports.com/2013/12/09/t-j-ward-if-i-hit-rob-gronkowski-high-i-would-have-been-fined/>. Smith, Rodney K. "Solving The Concussion Problem And Saving Professional Football." Thomas Jefferson Law Review 35.2 (2013): 127-191. Academic Search Complete. Web. 10 Sept. 2013. Smith, Stephanie. "NFL and ex-players reach deal in concussion lawsuit." CNN.com. Cable News Network, 30 Aug. 2013. Web. 30 Aug. 2013. 1 Rovell, Darren. "NFL most popular for 30th year in row." ESPN.com. ESPN, 26 Jan. 2014. Web. 29 Jan. 2014. 2 Ibid. 3 Ibid. 4 It is important to note here that despite this number, the NFL is an unincorporated nonprofit association. This means that the league office is not subject to any income tax on the lump $9.3 billion sum because the league itself does not make a profit. Each individual team is subjected to this tax, though, because they make a profit. The aforementioned revenue is split among the owners of each of the 32 NFL teams and the players by way of their salaries. As of a result of this dynamic, the league considers itself to be a trade association comprised and financed by its 32 teams. 5 Burke, Monte. "How The National Football League Can Reach $25 Billion In Annual Revenues." Forbes.com. Forbes, 17 Aug. 2013. Web. 29 Jan. 2014. 6 Goldberg, Daniel S. "Mild Traumatic Brain Injury, The National Football League, And The Manufacture Of Doubt: An Ethical, Legal, And Historical Analysis." Journal Of Legal Medicine 34.2 (2013): 157-191. Academic Search Complete. Web. 10 Sept. 2013. 7 Ibid. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid. 12 Michael McCrea, et al. "Consensus Statement On Concussion In Sport: The 4Th International Conference On Concussion In Sport Held In Zurich, November 2012." Journal Of The American College Of Surgeons 216.5 (2013): e55-e71. Academic Search Complete. Web. 10 Sept. 2013. 13 Ibid. 14 Ibid. 15 Ibid. 16 Ibid. 17 Ibid. 18 Ibid. 19 Ibid. 20 Ibid; Lability is defined as something that is constantly undergoing change or something that is likely to undergo change. In this case, it would be the emotions of the individual changing as a result of the severity of the injury progressing. 21 Ibid. 22 Ibid. 23 Ibid. 24 Ibid. 25 Ibid. 26 Ibid. 27 Ibid. 28 Ibid. 29 Ibid. 30 Ibid. 31 Ibid. 32 Ibid. 33 "Girls' Soccer Is Sport With Second-Most Concussions; Doctors And Parents Concerned." HuffingtonPost.com. TheHuffingtonPost.com, Inc, 18 May 2012. Web. 13 Mar. 2014. 34 Kain, Daniel J. "“It's Just A Concussion:” The National Football League's Denial Of A Causal Link Between Multiple Concussions And Later-Life Cognitive Decline." Rutgers Law Journal 40.697 (2009): 697-736. Web. 30 Sept. 2013. 35 Ibid. 36 Ibid. 37 King, Peter. "CONCUSSIONS. (Cover Story)." Sports Illustrated 113.16 (2010): 34-40. Academic Search Complete. Web. 10 Sept. 2013. 38 Ibid. 39 Korngold, MD, Caleb, Helen M. Farrell, MD, and Manish Fozdar, MD. "The National Football League and Chronic Traumatic Encephalopathy: Legal Implications." Journal of the American Academy of Psychiatry and the Law Online 41.3 (2013): 430-36. Web. 24 Sept. 2013. 40 Ibid. 41 Ibid. 42 Ibid. 43 Ibid. 44 King, Peter. "CONCUSSIONS. (Cover Story)." Sports Illustrated 113.16 (2010): 34-40. Academic Search Complete. Web. 10 Sept. 2013. 45 Ibid. 46 Ibid. 47 Kain, Daniel J. "“It's Just A Concussion:” The National Football League's Denial Of A Causal Link Between Multiple Concussions And Later-Life Cognitive Decline." Rutgers Law Journal 40.697 (2009): 697-736. Web. 30 Sept. 2013. 48 Ibid. 49 Ibid. 50 Ibid. 51 Ibid. 52 King, Peter. "CONCUSSIONS. (Cover Story)." Sports Illustrated 113.16 (2010): 34-40. Academic Search Complete. Web. 10 Sept. 2013. 53 Ibid. 54 Gust IV, Rockwell Thomas. "The California Workers' Compensation Act: The Death Knell Of Nfl Players' "Concussion" Case?." University Of Toledo Law Review 44.1 (2012): 245-272. Academic Search Complete. Web. 10 Sept. 2013. 55 Ibid. 56 Ibid. 57 Ibid. 58 Ibid. 59 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 60 For those that are not versed in legalese, a tort is defined by Law.com as a “civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another, including all negligence cases as well as intentional wrongs which result in harm.” 61 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 62 Goldberg, Daniel S. "Mild Traumatic Brain Injury, The National Football League, And The Manufacture Of Doubt: An Ethical, Legal, And Historical Analysis." Journal Of Legal Medicine 34.2 (2013): 157-191. Academic Search Complete. Web. 10 Sept. 2013. 63 Ibid. 64 Ibid. 65 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 66 Ibid. 67 Fenno, Nathan, Luke Rosiak, Zachary Holden, Nicolas Nightingale, and Tom Schad. "NFL Concussion Lawsuits." The Washington Times. The Washington Times, LLC., 19 July 2013. Web. 30 Sept. 2013. 68 Ibid. 69 Ibid. 70 Gust IV, Rockwell Thomas. "The California Workers' Compensation Act: The Death Knell Of Nfl Players' "Concussion" Case?." University Of Toledo Law Review 44.1 (2012): 245-272. Academic Search Complete. Web. 10 Sept. 2013. 71 Ibid. 72 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 73 Gust IV, Rockwell Thomas. "The California Workers' Compensation Act: The Death Knell Of Nfl Players' "Concussion" Case?." University Of Toledo Law Review 44.1 (2012): 245-272. Academic Search Complete. Web. 10 Sept. 2013. 74 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 75 Ibid. 76 Gust IV, Rockwell Thomas. "The California Workers' Compensation Act: The Death Knell Of Nfl Players' "Concussion" Case?." University Of Toledo Law Review 44.1 (2012): 245-272. Academic Search Complete. Web. 10 Sept. 2013. 77 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 78 Ibid. 79 Gust IV, Rockwell Thomas. "The California Workers' Compensation Act: The Death Knell Of Nfl Players' "Concussion" Case?." University Of Toledo Law Review 44.1 (2012): 245-272. Academic Search Complete. Web. 10 Sept. 2013. 80 Ibid. 81 Ibid. 82 Ibid. 83 Belote, Clark. "Football and Torts: Two American Traditions and the NFL Concussion Litigation."NFLconcussionlitigation.com. Ed. Paul D. Anderson. T.C. Williams School of Law, University of Richmond, 2013. Web. 30 Sept. 2013. 84 Ibid. 85 Ibid. 86 Ibid. 87 Ibid. 88 Ibid. 89 Ibid. 90 Ibid. 91 Ibid. 92 Ibid. 93 Ibid. 94 Ibid. 95 Ibid. 96 Ibid. 97 Ibid. 98 Ibid. 99 Ibid. 100 Smith, Stephanie. "NFL and ex-players reach deal in concussion lawsuit." CNN.com. Cable News Network, 30 Aug. 2013. Web. 30 Aug. 2013. 101 Florio, Mike. "Highlights of the concussion settlement." ProFootballTalk.com. NBC, 29 Aug. 2013. Web. 29 Aug. 2013. 102 Ibid. 103 Ibid. 104 Ibid. 105 Ibid. 106 Ibid. 107 Ibid. 108 Brinson, Will. "Judge rejects initial $765M NFL concussion lawsuit settlement." CBSSports.com. CBS Interactive, 14 Jan. 2014. Web. 14 Jan. 2014. 109 Ibid. 110 Ibid. 111 Smith, Rodney K. "Solving The Concussion Problem And Saving Professional Football." Thomas Jefferson Law Review 35.2 (2013): 127-191. Academic Search Complete. Web. 10 Sept. 2013. 112 Ibid. 113 Ibid. 114 This is in quotations because of the definition of “defenseless” in this context. Here, a receiver would be deemed to be defenseless if he had literally no other way to either avoid or protect himself from the incoming hit – i.e. a receiver running across the field who had to leave his feet in order to attempt a pass that was thrown behind him. Because of the nature of his body positioning, he cannot do anything but get hit, thus making him defenseless. 115 Smith, Rodney K. "Solving The Concussion Problem And Saving Professional Football." Thomas Jefferson Law Review 35.2 (2013): 127-191. Academic Search Complete. Web. 10 Sept. 2013. 116 Kacsmar, Scott. "The NFL’s Battle with Concussions and Severe Injuries ." Football Outsiders. Football Outsiders, Inc., 16 Aug. 2013. Web. 7 Oct. 2013. 117 Ibid. 118 Michael McCrea, et al. "Consensus Statement On Concussion In Sport: The 4Th International Conference On Concussion In Sport Held In Zurich, November 2012." Journal Of The American College Of Surgeons 216.5 (2013): e55-e71. Academic Search Complete. Web. 10 Sept. 2013. 119 Florio, Mike. "Highlights of the concussion settlement." ProFootballTalk.com. NBC, 29 Aug. 2013. Web. 29 Aug. 2013. 120 Kain, Daniel J. "“It's Just A Concussion:” The National Football League's Denial Of A Causal Link Between Multiple Concussions And Later-Life Cognitive Decline." Rutgers Law Journal 40.697 (2009): 697-736. Web. 30 Sept. 2013. 121 Gove, Jeremy P. "Three and Out: The NFL’s Concussion Liability and How Players Can Tackle the Problem."NFLconcussionlitigation.com. Ed. Paul D. Anderson. Vanderbilt Journal of Entertainment and Technology Law, 2013. Web. 30 Sept. 2013. 122 Kain, Daniel J. "“It's Just A Concussion:” The National Football League's Denial Of A Causal Link Between Multiple Concussions And Later-Life Cognitive Decline." Rutgers Law Journal 40.697 (2009): 697-736. Web. 30 Sept. 2013. 123 Ibid. 124 Gove, Jeremy P. "Three and Out: The NFL’s Concussion Liability and How Players Can Tackle the Problem."NFLconcussionlitigation.com. Ed. Paul D. Anderson. Vanderbilt Journal of Entertainment and Technology Law, 2013. Web. 30 Sept. 2013. 125 Ibid. 126 Kain, Daniel J. "“It's Just A Concussion:” The National Football League's Denial Of A Causal Link Between Multiple Concussions And Later-Life Cognitive Decline." Rutgers Law Journal 40.697 (2009): 697-736. Web. 30 Sept. 2013. 127 Ibid. 128 Ibid. 129 Ibid. 130 Ibid. 131 Ibid. 132 Ibid. 133 Ibid. 134 Ibid. 135 Ibid. 136 Ibid. 137 Gove, Jeremy P. "Three and Out: The NFL’s Concussion Liability and How Players Can Tackle the Problem."NFLconcussionlitigation.com. Ed. Paul D. Anderson. Vanderbilt Journal of Entertainment and Technology Law, 2013. Web. 30 Sept. 2013. 138 Ibid. 139 The third column could either denote a tie or an overtime loss. One could make a case that settling the lawsuit could be either of the two. 140 McGrath, Ben. "Does Football Have A Future?." New Yorker 86.46 (2011): 41-51. Academic Search Complete. Web. 10 Sept. 2013. 141 Ibid. 142 Ibid. 143 Ibid. 144 Melissa Segura, et al. "The Price Paid." Sports Illustrated 119.10 (2013): 17. Academic Search Complete. Web. 23 Sept. 2013. 145 Ibid. 146 Ibid. 147 Mihoces, Gary and TODAY USA. "Not safe for kids ??." USA Today n.d.: Academic Search Complete. Web. 10 Sept. 2013. 148 Ibid. 149 Ibid. 150 Ibid. 151 When I use the term “ethical” here, I mean it in regards to the rules of the game and how it is played by the players. 152 For those not familiar with football, this is called a “touchback.” From henceforth, this is the term that I will be using because of the simplicity of it. 153 Kacsmar, Scott. "The NFL’s Battle with Concussions and Severe Injuries ." Football Outsiders. Football Outsiders, Inc., 16 Aug. 2013. Web. 7 Oct. 2013. 154 Ibid. 155 Ibid. 156 Ibid. 157 Ibid. 158 Ibid. 159 Ibid. 160 Ibid. 161 Ibid. 162 Ibid. 163 Ibid. 164 NFL teams are only allowed to employ 53 players on their active rosters, and only allowed to put 46 of them in uniform during games. 165 Most returners initially start with their heels on the goal line. When they see how high and far the ball is kicked, they then move back in an attempt to field it. The end zone measures 10 yards from the goal line to the backline. Thus, a ball that is fielded by a returner eight yards deep is 80% into the end zone, and a mere two yards from being out of play. 166 Kacsmar, Scott. "The NFL’s Battle with Concussions and Severe Injuries ." Football Outsiders. Football Outsiders, Inc., 16 Aug. 2013. Web. 7 Oct. 2013. 167 Ibid. 168 Ibid. 169 Ibid. 170 Ibid. 171 Ibid. 172 Ibid. 173 Crabtree, Curtis. "Tony Gonzalez: Hit me in the head, not my knees." ProFootballTalk.com. NBC, 21 Aug. 2013. Web. 25 Feb. 2014. 174 Ibid. 175 Smith, Michael David. "T.J. Ward: If I hit Rob Gronkowski high, I would have been fined." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. 176 Ibid. 177 Smith, Michael David. "Dustin Keller says NFL must do something about low hits." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. 178 Ibid. 179 Smith, Michael David. "T.J. Ward: If I hit Rob Gronkowski high, I would have been fined." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. 180 Ibid. 181 Ibid. 182 Smith, Michael David. "Dustin Keller says NFL must do something about low hits." ProFootballTalk.com. NBC, 9 Dec. 2013. Web. 25 Feb. 2014. 183 Ibid. 184 Ibid. 185 Crabtree, Curtis. "Tony Gonzalez: Hit me in the head, not my knees." ProFootballTalk.com. NBC, 21 Aug. 2013. Web. 25 Feb. 2014. 186 Ibid. 187 Goldberg, Daniel S. "Mild Traumatic Brain Injury, The National Football League, And The Manufacture Of Doubt: An Ethical, Legal, And Historical Analysis." Journal Of Legal Medicine 34.2 (2013): 157-191. Academic Search Complete. Web. 10 Sept. 2013. 188 Ibid. 189 Ibid. 190 Ibid. 191 Ibid. 192 Dwyre, Bill. "Wes Welker's concussions inspire words of warning." LAtimes.com. Los Angeles Times, 11 Dec. 2013. Web. 25 Feb. 2014. 193 Ibid. 194 Ibid. Yüklə 133,76 Kb. Dostları ilə paylaş:
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