With regards to your 2nd point, just because it's a better (or, to be more precise, more powerful) feat than most (possibly all) other feats when it becomes available, it does not mean it's broken. Inexperienced players are "punished" (if you really want to call it that) by having 40 or 50 feats (or more) to read through and choose only 1. I hardly think this one feat is to blame for an inexperienced player not choosing this feat over something else. God forbid someone actually choose a feat based on a character and not just by how powerful it is. Fighters get enough feats as it is, and if an inexperienced player is not helped by other players, then he can always retrain using the rules in the PHB2 and change his feat choice when the light bulb comes on upstairs and he realizes that he shouldn't have chosen Toughness as his 9th level feat. Has anyone really noticed in-game that this feat is a problem? I haven't. I'm DMing now, having played a dwarven fighter from 1st to 24th level with this feat, and I intend to allow it in my game. YMMV.