NEW YORK— New England Patriots quarterback Tom Brady’s appeal of his suspension in the Deflategate scandal was denied by a federal appeals court on Monday. Brady must serve a four-game suspension imposed by the NFL, the federal appeals court ruled, overturning a lower judge and siding with the league in a battle with the players union.A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-to-1 that Commissioner Roger Goodell did not deprive Brady of “fundamental fairness” with his procedural rulings. The split decision may end the legal debate over the scandal that led to months of football fans arguing over air pressure and the reputation of one of the league’s top teams.It is also likely to fuel a fresh round of debate over what role, if any, the quarterback and top NFL star played in using underinflated footballs at the AFC championship game in January 2015. The Patriots won the contest over the Indianapolis Colts, 45-7, and then won the Super Bowl.The ruling can be appealed to the full 2nd Circuit or to the U.S. Supreme Court, but it would likely be a steep and time-consuming climb even if the courts took the unusual step to consider it.In a majority opinion written by Judge Barrington D. Parker, the 2nd Circuit said its review of labor arbitration awards “is narrowly circumscribed and highly deferential — indeed, among the most deferential in the law.”“Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all. Nor is it our role to second-guess the arbitrator’s procedural rulings,” the opinion said. “Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act.”The 2nd Circuit said the contract between players and the NFL gave the commissioner authority that was “especially broad.”“Even if an arbitrator makes mistakes of fact or law, we may not disturb an award so long as he acted within the bounds of his bargained-for authority,” the court said.In a dissent, Chief Judge Robert Katzmann said Goodell failed to even consider a “highly relevant” alternative penalty.“I am troubled by the Commissioner’s decision to uphold the unprecedented four-game suspension,” Katzmann said. “It is ironic that a process designed to ensure fairness to all players has been used unfairly against one player.”The NFL Players Association said in a statement it was disappointed.“We fought Roger Goodell’s suspension of Tom Brady because we know he did not serve as a fair arbitrator and that players’ rights were violated under our collective bargaining agreement,” the statement said. “Our union will carefully review the decision, consider all of our options and continue to fight for players’ rights and for the integrity of the game.”NFL spokesman Brian McCarthy said the court ruled Goodell acted properly in cases involving the integrity of the game.“That authority has been recognized by many courts and has been expressly incorporated into every collective bargaining agreement between the NFL and NFLPA for the past 40 years,” McCarthy said.The appeals ruling follows a September decision by Manhattan Judge Richard Berman that went against the league, letting Brady skip the suspension last season. Goodell insisted the suspension was deserved.The appeals court settled the issue well before the start of the 2016 season, avoiding the tension built last year when Brady didn’t learn until a week before the season that he would be allowed to start in the Patriots’ opener.At oral arguments in March, appeals judges seemed skeptical of arguments on Brady’s behalf by the NFL Players Association.Circuit Judge Denny Chin said evidence of ball tampering was “compelling, if not overwhelming” and there was evidence that Brady “knew about it, consented to it, encouraged it.”The league argued that it was fair for Goodell to severely penalize Brady after he concluded the prize quarterback tarnished the game by impeding the NFL’s investigation by destroying a cellphone containing nearly 10,000 messages.Parker said the cellphone destruction raised the stakes “from air in a football to compromising the integrity of a proceeding that the commissioner had convened.”“So why couldn’t the commissioner suspend Mr. Brady for that conduct alone?” he asked. Parker added: “With all due respect, Mr. Brady’s explanation of that made no sense whatsoever.”Parker also was critical of the NFL at the arguments, saying Brady’s lengthy suspension seemed at “first blush a draconian penalty.”LARRY NEUMEISTER, Associated PressAP Pro Football Writer Barry Wilner and AP sports writer Kyle Hightower contributed to this report.TweetPinShare0 Shares
NEW DELHI: Three rebel MLAs who withdrew support to the Karnataka government and switched sides, have been disqualified by Speaker KR Ramesh Kumar. “R Shankar of Ranebennur has incurred disqualification,” the Speaker announced at a press conference Thursday evening amid suspense over the fate of the 15 rebel lawmakers of the coalition government of the Congress and HD Kumaraswamy’s Janata Dal-Secular.All 15 resigned earlier this month, bringing down the coalition government, which lost the test of strength in the assembly on Monday. Also Read – India gets first tranche of Swiss bank a/c detailsIf the Speaker does not accept the resignations, the MLAs would remain members of the assembly and the strength of the house will remain 225, including one nominated member. In such a situation, the majority mark remains at 113. The disqualification of the one Independent MLA does not affect the numbers. The BJP, which currently has 105 members, is not in favour of forming a minority government, party spokesman G Madhusudan had indicated. In such a situation, placing the state under President’s Rule is one of the alternatives for the Governor, he hinted. See P5
(Phys.org) —A team of Japanese and British researchers has found that capuchin monkeys behave less receptively towards people they observe who refuse to help when asked by another person. In their paper published in Nature Communications describing their study and findings, the group reports that the monkeys were less inclined to accept a treat from someone that wasn’t cooperative. Explore further More information: Third-party social evaluation of humans by monkeys, Nature Communications 4, Article number: 1561 doi:10.1038/ncomms2495AbstractHumans routinely socially evaluate others not only following direct interactions with them but also based on others’ interactions with third parties. In other species, ‘eavesdropping’ on third-party interactions is often used to gain information about foraging or mating opportunities, or others individuals’ aggressiveness or fighting ability. However, image scoring for potential cooperativeness is less well studied. Here we ask whether a non-human primate species, tufted capuchin monkeys (Cebus apella), socially evaluates humans after witnessing third-party interactions involving a helpful intervention or failure to help. We find that the monkeys accept food less frequently from those who persistently reject another’s requests for help. This negative social evaluation effect is robust across conditions, and tightly linked to explicit refusal to help. Evaluation of potential helpfulness based on third-party interactions may thus not be unique to humans.Press release: phys.org/news/2013-03-selfish-grinder-monkey.html The researchers note that previous research has shown that capuchin monkeys are social by nature. They share resources and cooperate with one another to achieve goals. To find out more about how the primates relate to one another or those of another species, the team set up an experiment to see if the monkeys might harbor ill-will towards those that are not inclined to help someone else out when asked.Two volunteer actors were placed in front of a monkey so that their interaction could be seen. One of the actors held a jar that contained objects unknown to the monkey. He or she simulated attempting to open the jar but failed, indicating the lid was too tight. He or she then asked the second actor to help open the jar. In some scenarios, the second actor agreed and helped out, in others, he or she refused to help at all. After each little skit, both actors held out a food treat for the monkey, only one of which the monkey could accept. The researchers found that the monkey preferred to accept the treat from the actor that held the jar over an actor that refused to help. When presented with treats when the actor did help open the jar, the monkey demonstrated no preference on treat acceptance. To make sure other variables weren’t at play, the researchers repeated the experiment many times with different monkeys, actors and genders. They also ran trials where the actor who was asked to help refused because he or she was busy trying to open their own jar. In such cases, the observing monkeys appeared to give the actor who refused to help a pass.The results of the experiment indicate that the monkeys are not only able to understand what is occurring in such interactions, but are impacted by what they see. It also indicates a degree of understanding of motive and cause and effect. More work will have to be done to gain a deeper perspective however, as it appears possible that the monkeys were simply more open to whichever actor appeared to be more in control of the situation. © 2013 Phys.org Sort out the selfish organ grinder, not the monkey! Journal information: Nature Communications Human interactions observed by monkeys. Credit: Nature Communications , doi:10.1038/ncomms2495 Citation: Study shows capuchins less receptive to others who refuse to help when asked (2013, March 6) retrieved 18 August 2019 from https://phys.org/news/2013-03-capuchins-receptive.html This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no part may be reproduced without the written permission. The content is provided for information purposes only.
Dark and chaotic canvases with a thick coat of colour, often contrasted with right shades to paint mindscapes, heads and nudes, is typical of Vikash Kalra’s work.Titled ‘Decade’, a selection of sculptures by the self-taught artist will feature in the exhibition. A preview of the exhibition is slated on the opening day. But what makes the retrospective special and stand out from other similar events, is the fact that Kalra’s paintings will be available in limited edition digital prints, with the artist personally signing each copy. Also Read – Add new books to your shelf”Art should not be restricted to a handful of the rich and wealthy. I want my work to reach out to the masses, which can be done only when you keep the price of the paintings within reasonable means of the common man,” says Kalra who is heavily inspired by progressive Indian artist F.N Souza.He expresses himself by painting his surroundings, and by what he has read and observed. He tries to bring to life important personal relationships.Among his more famous works is a drawing where he has used animal heads instead of human ones. He claims to have got inspiration for the work after reading a book titled, ‘Profile of a Criminal Mind’ by British author Brian Innes. The artist explains that there is a hidden animal in all of us and he has transposed the heads with animals and birds. “They remind him of the people he met in his journey,” says Kalra. Also Read – Over 2 hours screen time daily will make your kids impulsiveOver the years, Kalra has put together many of his drawings in collages that explain human behaviour. While some deal with mother-child relationship, others exude love, sensuality and eroticism. His body of work is diverse, and the exhibition has been named likewise. “It includes the work that I have pursued all these years,” he says. A book of poetry in Hindi – Jeevan Ek Soch Mat –will also be unveiled at the event. Also on the cards is a biography, which Kalra says, reveals unpleasant truths about many persons he came across in the course of his work.