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EMB Blog: 2021 Offseason


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39 minutes ago, HazletonEagle said:

We all saw what happened to ferris. He went to the combine,  worked out as a CB, and never even got a call.  Cause he's white. 

I think the 5+ forty had an impact.

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1 hour ago, Desertbirds said:

:offtopic:

For the lawyers out there:

Can you recommend some readings describing exactly what constitutes creating a hostile work environment? I am serving as "counsel" to a colleague who Is facing a disciplinary hearing at my university.

His crimes?

He said "Hello ladies" to a group of female graduate students and referred to a male job applicant as "charming." 

There are other "offenses", but you get the drift.

 

Is your friend Val Venis?

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1 minute ago, Desertbirds said:

The university's guidelines are so vague as to be meaningless. There are also First Amendment issues.

And I'm sure purposely made that way so they have full autonomy to promote agendas inconsistently as they see fit. I'm not a lawyer, however I do follow several people who actively speak out against the kind of issues you're involved with and could share the names with you if you'd like and you could reach out to them on social media or privately if their contact info is available. Not sure how long it would take for either to respond, but better than nothing.

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23 minutes ago, BigEFly said:

I have not seen the movie. I will watch for it.  Thanks for the information.  The last religiously inspired movie I may have seen was "Lillies of the Field” so I’m probably due.

It's not really religious, though the ending is uplifting, but more about a religious man and how his faith led him to the "path of righteousness."

It's also educational in that for Americans, it makes it clear that Atlantic slavery was far more than just the American South.

And in a sense it's a prequel to Armistead, explaining why the British navy was involved in West Africa.

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1 hour ago, BigEFly said:

Do you have access to Lexis or Westlaw?

Supreme Court and Federal Appellate Court cases, as well as some state cases, are available on Google Scholar.

That's how I was able to research them for a book and some working papers I've written without access to Lexis or Westlaw.

Google Scholar is basically a public service by Google b/c I have no idea how they possibly make money off it. But it's a great way to research things at a higher level than Google, though some of the papers are available, many are behind a firewall but usually an earlier, working paper is available.

The court cases became available due to a ruling that Westlaw pagination was in the public domain and couldn't be copyrighted (since the public paid for it).

http://newsbreaks.infotoday.com/NewsBreaks/West-Loses-Copyright-Claim-over-Page-Numbers-17947.asp

https://lawblog.justia.com/2010/12/17/public-domain-legal-citations/

PS: one trick I use when I search Google is to put "pdf" in my search, because it eliminates the thousands of fluff pages and steers you to nonprofit and consulting and some academic reports and longer magazine articles. You don't need that on Scholar.

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32 minutes ago, BigEFly said:

Is diversity and acknowledging it an issue?  I don’t see it.

I overreacted with my post.  The conversation in here all day has been about race (along with every other topic in the news these days it seems) and I'm just exhausted that it's in seemingly every story I read.  It's great that people of all races/ethnicities are making strides in professions including the NFL.  Should have kept my mouth shut.

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2 hours ago, LeanMeanGM said:

Man, if they hire McCown as HC there will be riots.

I like the idea of McCown as a QB coach and maybe a HC down the road. But he wouldnt be the first player to jump straight to HC, just the first one in a LONG time.

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This makes sense for McNown, raises his visibility and gives him some practice interviewing.

If he's really interested in coaching, I know a team that's looking for a QB coach.

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4 minutes ago, Iggles_Phan said:

I like the idea of McCown as a QB coach and maybe a HC down the road. But he wouldnt be the first player to jump straight to HC, just the first one in a LONG time.

Kind of feels like a Steve Nash type of hire the nets made. 

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30 minutes ago, TorontoEagle said:

 

Someone reset the counter to shirtless pics/gifs back to zero....

😖

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Just now, Iggles_Phan said:

Someone reset the counter to shirtless pics/gifs back to zero....

😖

Someone needs to start a counter of consecutive weeks with a shirtless pic/gif. Feels like this is 3-4th in a row 

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One of the things I noticed when going to other teams reddit pages to get insight on the coaches we were interviewing. A big portion of every fan base thinks their coaches suck. I was shocked when I read Colts fans don't like Reich's play calling and were hoping he'd give up play calling duties to Sirianni or someone else. Given that Reich is lauded as a god amongst Eagles fans. A bunch of Patriots fans didn't like McDaniels and thought he was overrated and was a bad play calling, but good game planner. Cowboys fans like Kellen Moore way more than McCarthy. Sometimes you think Eagles fans are unique in this regard, but really aren't. Until last year, I saw so many Chiefs fans despise Reid for being a terrible choke artist, and their fans had vicious debates on their communities just like Eagles fans did when Reid was here.

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Btw, Colts fans really couldn't offer much on Sirianni. Just as has been reported all they really know is he's heavily involved in game plan and play design and that's about it. None of them have a clue on if he'll be a good coach.

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Just now, 4for4EaglesNest said:

I think the Drag Queen Steeler pic is our new standard. 

Wait what? I don’t get on the board all morning and afternoon and what happened? 

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42 minutes ago, Desertbirds said:

Thanks for the detailed response. I will read Vance v Ball State.

I find the whole enterprise to be quite distasteful. I view the university to be acting in a retaliatory manner as my colleague has sued the university over age discrimination. Apparently, there are sufficient grounds to his claims that the State and Feds are looking in to it.

There is also double jeopardy - some of the current allegations are the same ones that were dismissed in a previous hearing.

I also believe that the university has violated provisions under Title IX.

Age discrimination is so hard to prove.   Your state investigation may warrant some attention because CA has some of the most stringent employment laws in the states (and coupled with your tax structure is probably why it is bleeding jobs). You almost have to go to state case law on what is successfully actionable.    The EEOC will investigate but their track record for bringing actions is pretty limited.  Legal guidelines require reference to the EEOC first and when they decline then the ability to file litigation so I am confused how he can be suing yet the EEOC investigating.  He must have a lawyer if he is suing that can give guidance on these.  

I always liked to grill counsel to quantify our chances were of succeeding at various points and why   They will say that we have a good chance the EEOC will proceed.  Well given that it is an age discrimination case and there were younger academics released as well or that the position was dissolved because quantum physics is no longer part of the curriculum due to budget cuts, or that sort of qualifier, what is our percentage chance of success. The lawyer would inevitably offer a range 25%-75%   But we know the jurisdiction and the facts so pick a success factor.  Sometimes it would be 50%, sometimes more or less.  Grill further.  So this jurisdiction of the EEOC, what percentage of age discrimination cases do they pursue?  15%? Then why do you believe we have a 50% chance they will pursue the case.   I once had a lawyer that was so in love with his brief that he gave us a 95% chance of success.  In four questions, that percentage was down to 5%.  It was a good brief but so easy to turn into a question of fact that it had a snowball’s chance especially in our jurisdiction   Your colleague should be open to challenging and pushing.

Does double jeopardy come into play in a disciplinary action?  That is usually reserved for criminal actions.  Civil actions attempting to pursue an action previously litigated are usually dismissed as already adjudicated.  But I cannot say that previous infractions cannot be asserted to establish a pervasiveness of behavior. It is kind of like whether past actions including criminal actions can be cited to show a pattern of behavior.  That goes to whatever the evidentiary rules are for the disciplinary hearing.  

As to Title IX, most of its provisions have been litigated and there are clear case law guidance to its application. Might want to review the provision you believe are violated for case law on their application. 

I wish your friend good luck.  Make no mistake, age discrimination is rampant in our society.  There is even a bit of diversity discrimination combined with it.  I had a peer who was close to my age and black and female.  She use to joke with me that she was the trifecta and me, I was just old.  She would be the first one to tell you that I had a much broader level of expertise and experience but that in the end, that may not matter.  She was highly skilled and a hiring manager got more diversity in his group with her.   You know there are folks out there that say, well with Joe I get five maybe seven more years and I already have old white men.  While Anne has less experience, if she delivers what I think she can, I could have her for a decade and she might replace me when I retire.  On top of that she adds to the diversity of our group and adds a different perspective.  She may only provide 80% o wha Joe can right now but I can live with that and I can probably hire her at 65% of what it would cost for Joe.  That’s age discrimination clear and simple and it is not actionable nor prove able.  

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28 minutes ago, austinfan said:

Supreme Court and Federal Appellate Court cases, as well as some state cases, are available on Google Scholar.

That's how I was able to research them for a book and some working papers I've written without access to Lexis or Westlaw.

Google Scholar is basically a public service by Google b/c I have no idea how they possibly make money off it. But it's a great way to research things at a higher level than Google, though some of the papers are available, many are behind a firewall but usually an earlier, working paper is available.

The court cases became available due to a ruling that Westlaw pagination was in the public domain and couldn't be copyrighted (since the public paid for it).

http://newsbreaks.infotoday.com/NewsBreaks/West-Loses-Copyright-Claim-over-Page-Numbers-17947.asp

https://lawblog.justia.com/2010/12/17/public-domain-legal-citations/

PS: one trick I use when I search Google is to put "pdf" in my search, because it eliminates the thousands of fluff pages and steers you to nonprofit and consulting and some academic reports and longer magazine articles. You don't need that on Scholar.

Good to know. USLaw also has a lot of cases on it, both state and federal.  But they don’t have the cite links and don’t Shephardize like Lexis and Westlaw.  I thought DB, being an academic might have Lexis given all the periodicals you can access with it.    Given that I still enjoy reading decisions, this sharing with me made my day.  Thanks.

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6 minutes ago, lornemalvo4133 said:

Anyone else surprised that the Sirianni hire has yet to be announced by the team? 

Probably waiting on the Phillies to sign Realmuto and then take steal their thunder. 

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2 hours ago, Dwide Schrude said:

I still can’t believe my parents never made me leave or turn away when he was on. I was like 6 years old watching that ish & my parents let it happen 😂

"You can take these Ho’s or I can kick your ass” 😂 

 

I had to watch in secret my mom Hated Wrestling lol 

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22 minutes ago, 4for4EaglesNest said:

I think the Drag Queen Steeler pic is our new standard. 

Oh man I feel bad for the blog if I’m the reason for the new standard 😂 

 

Matt Will and Veerjer or rolling in the EMB graves right. 
 

Jwill standard🌟  Yuck!!!!!

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25 minutes ago, Sack that QB said:

One of the things I noticed when going to other teams reddit pages to get insight on the coaches we were interviewing. A big portion of every fan base thinks their coaches suck. I was shocked when I read Colts fans don't like Reich's play calling and were hoping he'd give up play calling duties to Sirianni or someone else. Given that Reich is lauded as a god amongst Eagles fans. A bunch of Patriots fans didn't like McDaniels and thought he was overrated and was a bad play calling, but good game planner. Cowboys fans like Kellen Moore way more than McCarthy. Sometimes you think Eagles fans are unique in this regard, but really aren't. Until last year, I saw so many Chiefs fans despise Reid for being a terrible choke artist, and their fans had vicious debates on their communities just like Eagles fans did when Reid was here.

All of them likely, Leftwich was hammered in TB this year as well.    The Colts this season were two different offenses, they threw the ball  like crazy during the first 6-7 games, then ran way more after that and got better.  Took some pressure off Rivers. 

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