NFL Bounties

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Bruce Boyden says:

    This reminds me of Guido Calabresi’s evil demon hypothetical for the costs of avoiding accidents.

  2. AYY says:

    But how do you know they take that into account in making contract decisions or handing out bonuses? Maybe I’m wrong on this, but I thought that players get graded by the coaching staff on how well they accomplish their assignments. So if you’re a defensive player who doesn’t knock anyone out of a game but makes tackles or breaks up the blocking scheme, or forces the qb to rush his throws, you’ve done your assignments and your next contract offer, which might be several years down the road, reflects that.

  3. AYY says:

    A couple of other points:
    I doubt that a team would ever say that because
    a, when they negotiate a contract the team tells the player how the team’s losing money, and how overpaid he is, and how he’s barely good enough to be on the team, or yes he is good, but with salary cap they can’t pay hin any more and still be competitive
    and
    b, I assume a player can’t sue the other team for injures that are part of the game because he assumed the risk of those types of injuries, but why can’t he argue that he doesn’t assume the risk of there being any kind of bounty or incentive for injuring an opposing player. In that case he could seek punitive damages.
    So the more general policy hypothesized in the post doesn’t seem to make business sense.

  4. Kent says:

    I heard someone on the radio yesterday (I think on ESPN’s Mike and Mike) comment that the “Bounty” does not cause players to go head hunting in a dirty way but merely to play as hard as they can. I believe the comment came from a former player who added that it is easy to take someone out of the game (by injury) and if you want to, you could on almost every play. An interesting point, I thought.