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So what happened to this?
“The appalling actions of a few people have brought us once again into the national spotlight. We have taken a monster off the streets and while we will never be able to repair the injury done to these children, we must repair the damage to this university.
“Part of that corrective process is to accept the serious penalties imposed today by the NCAA on Penn State University and its football program.” – Gov. Tom Corbett in July after sanctions announced
Everyone knows Corbett is a politicking POS who will say anything to keep his office. He took the heat off himself by blaming everyone early, now that he knows he's going to lose his office in a year, he's trying to save it by going the other way. Total scum.
This post was edited by shavisimo2 18 months ago
He finally realized who voted him into office and who would vote him out of office.
Certainly not denying it's a political move, and Corbett is as sleazy as they come.
The bolded language is why the NCAA has been held by the U.S. Supreme Court to be a monopoly and why the "voluntary association" argument fails. It's irrelevant. And it's why we have antitrust laws. Once an entity establishes itself as a monopoly, the rules change. A monopoly, unlike a non-monopoly, cannot do whatever it wants. It must act in a commercially reasonable manner and it cannot take actions that would constitute an unfair restraint on trade. That is what the complaint alleges, that PSU's (and many others') rights to fair trade have been unfairly and unreasonably violated.
It's irrelevant that the NCAA is a "voluntary association." It's a monopoly. There is nothing "voluntary" about joining the NCAA for a school that wants to participate in major college sports. The NCAA, via membership, controls the market for major college sports. As such, it is required to act reasonably when adopting rules and dealing with all of its members. It cannot adopt clearly unreasonable rules or procedures and it cannot treat some members differently than others. It's against the law.
The NCAA is on very thin ice in how they dealt with PSU. Their best argument is that the PSU scandal was a unique situation. That might justify the unusually harsh sanctions, but it doesn't justify bypassing all the NCAA's normal processes and procedures. The NCAA never should have bypassed its normal enforcement processes and procedures. It was pure arrogance by Mark Emmert. It was unnecessary and has left the NCAA vulnerable.
Corbett's motives for filing the lawsuit are irrelevant. The only question is whether the NCAA violated the Sherman Act or not.
This post was edited by MrWoodson 18 months ago
I don't know much about law, none of my degrees come to close to it. But can non-profit organization be considered a monopoly? I vaguely understand that the OK case was concerning TV rights, that has to do with the open market and the NCAA over reaching by impacting it
This post was edited by InTresslWeTrust 18 months ago
In regard to the bolded part, the lawsuit addresses this with four examples of criminal acts by Universities which the NCAA did not impose sanctions for. The best example was the Baylor case where the coach covered up a murder. Baylor's sanctions were not due to the criminal act but rather recruiting violations which are strictly prohibited in the NCAA "manual".
After reading the lawsuit, I don't know how anyone thinks that the NCAA didn't overstepped their boundaries and are in a heap of trouble.
This post was edited by getmyjive11 18 months ago
Yes. Absolutely. Nearly all trade associations are non-profits and antitrust laws have regularly been applied to them. Also, as I said above, the federal courts have already ruled that the NCAA is a monopoly. It happened back when the NCAA was trying to control TV rights to all college football games. Oklahoma and several other schools sued the NCAA under the Sherman Act and won. Ever since, schools have had control over their own TV rights. So, the question is not whether the NCAA is a monopoly. The question is whether the NCAA abused their monopoly power by treating PSU unfairly and unreasonably.
I think you worded that wrong. Either way though, it's a complaint. If you didn't read it and get the impression that the NCAA messed up, then the lawyers writing it are bad at their jobs. Just like the answer by the NCAA should give people the impression that they did nothing wrong, or their lawyers messed up.
I fixed it. The lawsuit makes a pretty good case that the NCAA overstepped their boundaries. And yeah, it's just a complaint, but I'm not sure what the NCAA's response would be that would make me think differently. Of course, I am biased.
Don't hold your breath this suit will takes years to resolve if it's going to be a true legal battle without a settlement and to do this before all the Investigations are over is huge mistake.The NCAA can still charge PSU Football with additional NCAA Violations, Clery Act, and Title IX violations. For Corbett to trash the Freeh Report that provided the PAOAG with Evidence that caused the Charges on Spanier , Shultz and Curley along with Second Mile still being under Investigation that has shown Money is missing, the NCAA can still impose the Death Penalty.
PSU BOT should seriously consider holding a presser to disassociate itself from Corbett. I realize they made a statement, but not many watch the ticker on ESPN.
The reaction of non PSU fans and alum is "So Corbett and PSU alum backing him financially do not feel the punishment fit the crime?"
Keeping this at the forefront of the news is worse and worse for PSU IMO
You've basically summed up my thoughts in a much more encompassing, yet easy-to-read manner than I ever could.
Follow me on Twitter @rayraycotto
Victims would disagree, and as most people on the internet have told me over the last year the scandal and sanctions are about the victims.
From Yahoo! Sports: One of Jerry Sandusky's victims was in the NCAA's sanctions on Penn State.
Do you like just making things up? What NCAA violations? There weren't any, that's the point. The NCAA doesn't have anything in it's manual about the Cleary Act. And what Title IX violations are you suggesting there are? And what "missing money" are you referring to?
Basically, WTF kind of fantasy post is this?
He's starting to lose it.
He lives in State College, but hates PSU. If the sanctions were overturned it would kill him.
Ahhh. It's all starting to make sense now.
“If you remember me, then I don't care if everyone else forgets.” ― Haruki Murakami
My question is why have Miami and Oregon not gotten any penalties yet?
The same reason the NCAA threw the rule book out when he dealt with PSU ... because Mark Emmert thinks he can do whatever he wants as if he's some czar. Beyond that, I have no idea why some schools get hammered, some get off easy and some get a total pass. Or why some are dealt with swiftly and others are dragged out for years. It's largely arbitrary as best I can tell. Maybe Mark likes Miami and Oregon. Or maybe he's just been really busy. Or maybe he enjoys watching their fans and players twist in the wind. I know a lot of things. What goes on in Mark Emmert's head isn't one of them.
Did PSU not violate the Cleary act? It is an NCAA provision.
As far as the money - just wait - I know too much. You will hear all about it with Shultz, Spanier and Curley. IRS wants their 30%.
That's the PSU mentality - lulz, lol, it was the same mentality before the Freeh report, but it's going to get worse - there will be no reduction in sanctions.
I really want to push you guys out of the way of the train coming but you deserve what's on the way - it's really going to be something...
Ok Leppy, show me the provision in the NCAA rulebook that references the Cleary Act. I'm not going to look for something that isn't there, but if you find it, post it.
The second part is just laughable. Okay, I will wait for the perjury case to show what the "missing money" was used for. How much was the missing amount again?
Like I said, you are living in a fantasy world.
OBrien must loooove this, PSU wont be able to breath without the NCAA nailing them for it, he may be headed out if a NFL team will have him.
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