Saturday, May 12, 2007

Floyd Landis Notes

There are some new developments in the Floyd Landis ruckus.

First of all, the arbitration hearing that will decide his ultimate place in cycling history begins Monday. You can read about it here.

As a sometime litigator myself, it is my considered opinion that the conduct of arbitration and its alleged impartiality, cost effectiveness and utility is the biggest fraud ever perpetrated on a gullible and unsuspecting populace of yokels since the Cardiff Giant.

The only reason people like Dr. Gary Wadler of the WADA think arbitration is fair is because people who want to play judge, jury and executioner always say that. To admit that arbitration offends fundamental notions of fairness, transparency and minimal due process would be to admit that the entire process is morally and ethically bankrupt, without a fig leaf of credibility to hide its nakedness, an asylum being run by the inmates. Thus is it ever when neanderthals take the law unto themselves instead of leaving it to those who know it, and the system that was created thereby.

The purveyors of this quack remedy are the only ones impressed with themselves. Here's some language I put in every one of my responses to arbitration claims. It is yours for the taking.

Consumer arbitration of the "take it or leave it" adhesion contract variety is fundamentally so unfair and biased as to eliminate any chance that a consumer in a debt collection case has any meaningful rights or the ability to present them in an economical manner. See, Deborah Schneider and Michael Quirk, Mandatory Arbitration of Consumer Rights Cases, Wisconsin Lawyer, September 2002 (and sources cited therein). Data disclosed by First USA in a case challenging mandatory arbitration revealed that the National Arbitration Forum found for the bank 99.6 per cent of the time. See, Carolyn E. Mayer, Win Some, Lose Rarely? Arbitration Forum's Rulings Called One Sided, Washington Post, Mar. 1, 2000.

Second, it is reported that the 2006 Tour de France winning cyclist, has said that the USADA had offered him a deal last year to go easy on him if he ratted out Lance Armstrong.

Floyd says that Travis Tygart, USADA general counsel, made the offer last year to Floyd's attorney Howard Jacobs and that it wasn't worthy of a reply. Travis, if you're listening, time to turn off the reruns of Law and Order. That's not how we do it.

If true, it's a window into the offensive and tawdry world of the sports drug Gestapo, and how they comport themselves when their bullshit is put to the test by someone who's not afraid of a fight. The S.O.B's just can't get over the fact that Lance kicked their butts, Floyd kicked their butts, and they're still not done with the hated Yanquis as we shall see.

In other news Chris Campbell, one of the arbitration panel considering the USADA case against Floyd Landis has issued a blistering dissenting opinion regarding the conduct of the arbitration panel. You can read about it here.

It seems that Campbell was not informed of a decision made by the other two arbitrators to deny a motion made by Landis to exclude evidence from consideration. The issue was to be briefed by the parties and USADA filed its brief on May 1 at 12:10 am-the arbitration panel had made a decision by 5:11 am the same day, sans notifying Campbell that a decision was to be taken.

Here's what he said in part:

The action of the majority in excluding a party-appointed arbitrator from the deliberative process is unprecedented and wholly inappropriate. It sends a clear message that the majority is unwilling to hear and consider valid arguments regarding a dispite and undermines the integrity of the arbitration process and the decisions resulting therefrom. This violates the notion of fundamental fairness and should give the party who has experienced such unfair treatment cause for concern.

Christian Prudhomme, race director of the Tour de France says that Floyd Landis will nt be remembered as the victor of the 2006 Tour, and that his name will be scrubbed from the rolls and his picture snipped out of all the newspapers and schoolbooks the Tour Gestapo can get their hands on. You can read about that here.

Chris, as a European you ought to know that the opera ain't over until the fat lady sings. That hasn't happened yet. Apparently you and Dick Pound were asleep that day in class when they talked about fundamental fairness, transparency, and due process being the bedrock on which the entire edifice of justice is built. Strike at that, and you defeat the entire project.

We're starting to see that it seems that the presence of the hated Americans is tolerated at the Tour just as long as they don't do anything so crass as to beat the Europeans at their own game on their own court.

Stay tuned.


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