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Assertive behavior, such as the tackle that injured former Miami Hurricane running back Willis McGahee in 2002's national championship game should not be considered for civil lawsuits. Incidents involving incidental aggression should not be considered for civil lawsuits either, especially since most of the time the act is part of a well-thought strategy. An example of this type of violence would be the Hack-a-Shaq strategy many teams have used in the NBA. Knowing that Shaquille Oneal is less than a 60% free throw shooter for his career, teams have decided to intentionally foul Oneal late in critical games...
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