When will the NCAA get sued for selective enforcement?
- Thread starter Mike-D
- Start date
Selective Enforcement is as old as the hills and wide spread throughout this country and the world.
Sadly, it is not going away.
Sadly, it is not going away.
It will have to be a major school , any low level school doesn't care if they get victimized as long as they get money . They don't want the collective bargaining to dry up , profits are the goal for all involved . A fans notion that sports is about fair play and equal treatment is a complete illusion .
When end schools like UNC position their people in strategic places like the NCAA or within the judicial system it is to ensure the largest cut of the profits as possible . Creating a mirage helps sell an image that they in turn profit from . The fox is in the hen house on college sports , it's a financial institution at the core .
When end schools like UNC position their people in strategic places like the NCAA or within the judicial system it is to ensure the largest cut of the profits as possible . Creating a mirage helps sell an image that they in turn profit from . The fox is in the hen house on college sports , it's a financial institution at the core .
I hear this argument a lot but it reminds me of a fight I got into with a business law teacher in college where he was saying a sports team can't be sued if a ball goes into the stands and hurts someone because they have something printed on the ticket relieving them from liability. That may be real according to the law but in the real world, if you are at a Columbus Blue Jackets game and your 12 year old daughter gets hit in the head with the puck, the parents get about $20,000,000 when she dies. There is a big difference between the law and real world sometimes.
A law suite is not the path to go down anyway. No court would ever rule that the organization must be shut down, and it is equally as unlikely that any individual or member school be awarded money for being wronged. The correct proceedure would be for a President of a member school to convene a forum of other Presidents for the purpose of restructuring the headquarters in Indianapolis starting with the firing of Emmert and all of the current Directors, replacing them with tempory Administrative officer to carry out business untill the member schools can restructure the organization. Based on that scenario The OP asks a valid question - one that has been asked before and still remains unanswered.
This topic has been discussed many times.
The NCAA is a voluntary organization. In other words, the member institutions have to agree to abide by the organization's rules, including its authority to make enforcement and punishment decisions unilaterally, if they want to be participate.
As a result, the only remedy that the schools have is to withdraw from the organization. Lawsuits requesting equitable relief won't work.
The NCAA is a voluntary organization. In other words, the member institutions have to agree to abide by the organization's rules, including its authority to make enforcement and punishment decisions unilaterally, if they want to be participate.
As a result, the only remedy that the schools have is to withdraw from the organization. Lawsuits requesting equitable relief won't work.
Penn St sued and won...Got the Wins reinstated...
To be clear PSU didn't sue the NCAA directly...they had others outside the program do it for them in the state.
If I'm SMU and nothing happens to UNC...this is how I would handle it.. A representative, powerful booster sues basically on the schools behalf to undo any sanctions.
To be clear PSU didn't sue the NCAA directly...they had others outside the program do it for them in the state.
If I'm SMU and nothing happens to UNC...this is how I would handle it.. A representative, powerful booster sues basically on the schools behalf to undo any sanctions.
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