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Why I think there is a good argument for the courts getting involved
Posted on 10/26/18 at 6:25 pm
Posted on 10/26/18 at 6:25 pm
I am thinking about the differences and similarities with NCAA and the NFL.
In the NFL, there is a collective bargaining agreement that gives the NFLPA a say so in how the NFL is run, particularly with rules and conduct.
In NCAA, there is no say so from the players. The NCAA literally had the future of its players in their hands and this directly affects a player’s earning potential.
If a suit was filed, i think that there would be a good argument to be made as to why an injunction should be issued. However, i think a favorable court ruling would open the floodgates to a much bigger problem in how the NCAA unfairly takes advantage of its players
In the NFL, there is a collective bargaining agreement that gives the NFLPA a say so in how the NFL is run, particularly with rules and conduct.
In NCAA, there is no say so from the players. The NCAA literally had the future of its players in their hands and this directly affects a player’s earning potential.
If a suit was filed, i think that there would be a good argument to be made as to why an injunction should be issued. However, i think a favorable court ruling would open the floodgates to a much bigger problem in how the NCAA unfairly takes advantage of its players
Posted on 10/26/18 at 6:29 pm to asullivan12
I analyzed this last week. Will try to find it. The answer is that there may be a way for a ticket holder to make a small claim that causes an enormous headache.
Posted on 10/26/18 at 6:30 pm to asullivan12
And we could get discovery involving the BAMA SEC conspiracy
Posted on 10/26/18 at 6:36 pm to asullivan12
Why can't LSU as a "paying member" of the SEC, file suit against the SEC to request a review by the NCAA?
Everyone is saying that the SEC said their hands are tied... that they can't review it.
And the other half of everyone is saying that the SEC can request the NCAA to look at it.
I'm so confoozed!
Everyone is saying that the SEC said their hands are tied... that they can't review it.
And the other half of everyone is saying that the SEC can request the NCAA to look at it.
I'm so confoozed!
Posted on 10/26/18 at 6:48 pm to Red Stick Tigress
The SEC office knows that their officiating crew made a mistake. They will never repent this action.
There is favoritism in the SEC conference due to reasons unknown. Always follow the money trail when corruption is involved.
I have a feeling that next Saturday night’s game in Tiger Stadium could be rowdy and possibly dangerous to fans and players if these hard feelings and emotions overflow from this game. I will not be at the game but there could be some hands thrown around after this matchup.
There is favoritism in the SEC conference due to reasons unknown. Always follow the money trail when corruption is involved.
I have a feeling that next Saturday night’s game in Tiger Stadium could be rowdy and possibly dangerous to fans and players if these hard feelings and emotions overflow from this game. I will not be at the game but there could be some hands thrown around after this matchup.
Posted on 10/26/18 at 6:52 pm to Klingler7
Let’s also not forget that the SEC sanctions/frowns upon member schools for publicly criticizing them. Pathetic!
Posted on 10/26/18 at 6:57 pm to asullivan12
There's actually a little-known state law, and there's actually several of these laws in several States, against "fake contests" or "fixed competition". There's actually similar legislation at the federal level based on the quiz show scandals of the 1950s.
The NFL and several other leagues get around this by claiming in court that they are not a competitive sport but actually, merely entertainment on the same level as WWF wrestling.
I'm not sure where college athletics stands on this but I'm sure they would make similar claims in court but it would be much harder for that to pass because University's athletic programs are not for-profit businesses.
Of course, I'm not sure the athletic participants would even have standing in this type of court case since they're representing themselves independently and are not employees of their respective athletic teams. The people who would have standing in such a case would be the ticket holders for purchasing tickets to what is supposed to be a fair competition and not a staged or fixed match for entertainment purposes only.
Not even the universities would have standing to bring suit since they voluntarily elect to submit themselves to an organizing body such as the NCAA
The NFL and several other leagues get around this by claiming in court that they are not a competitive sport but actually, merely entertainment on the same level as WWF wrestling.
I'm not sure where college athletics stands on this but I'm sure they would make similar claims in court but it would be much harder for that to pass because University's athletic programs are not for-profit businesses.
Of course, I'm not sure the athletic participants would even have standing in this type of court case since they're representing themselves independently and are not employees of their respective athletic teams. The people who would have standing in such a case would be the ticket holders for purchasing tickets to what is supposed to be a fair competition and not a staged or fixed match for entertainment purposes only.
Not even the universities would have standing to bring suit since they voluntarily elect to submit themselves to an organizing body such as the NCAA
This post was edited on 10/26/18 at 7:01 pm
Posted on 10/26/18 at 7:08 pm to iluvlsusports
People forget the various conferences and the NCAA don't actually have any real power. They're merely organizing bodies created in order to coordinate matches between all the various University's athletic programs.
If any University is unhappy with their conference or the NCAA they can always choose to organize their own matches if they can find willing participants in other universities. Essentially this is what Notre Dame does in football since they're independent. The NCAA and the ACC can tell Notre Dame that their players are suspended if they violate their rules but Notre Dame can give them the middle finger and tell them to go get fricked if they want to. Then the conference and the NCAA might tell all the other schools on the rest of Notre Dame's schedule that they need to cancel their games with Notre Dame. Of course all those universities can tell the NCAA and the ACC to go get fricked as well. What you would have is mutiny and it would be glorious.
I think all University should go independent and organize their own matches. The conferences are fricking crooked for their money makers and the NCAA is a castrated, bureaucratic klusterfuk.
It's time for a reset back to the good old days of the aughts and teens.
If any University is unhappy with their conference or the NCAA they can always choose to organize their own matches if they can find willing participants in other universities. Essentially this is what Notre Dame does in football since they're independent. The NCAA and the ACC can tell Notre Dame that their players are suspended if they violate their rules but Notre Dame can give them the middle finger and tell them to go get fricked if they want to. Then the conference and the NCAA might tell all the other schools on the rest of Notre Dame's schedule that they need to cancel their games with Notre Dame. Of course all those universities can tell the NCAA and the ACC to go get fricked as well. What you would have is mutiny and it would be glorious.
I think all University should go independent and organize their own matches. The conferences are fricking crooked for their money makers and the NCAA is a castrated, bureaucratic klusterfuk.
It's time for a reset back to the good old days of the aughts and teens.
This post was edited on 10/26/18 at 7:12 pm
Posted on 10/26/18 at 7:15 pm to Klingler7
quote:
The SEC office knows that their officiating crew made a mistake. They will never repent this action
People aren't pissed because the officials made a mistake. We're all human and everyone, even the craziest fans, know that mistakes are made and calls are missed from time to time.
People are up in arms because this was one of the most blatant acts of preconceived collusion and bias ever perpetrated on a college football field. It's right up there with the PP7 interception.
People forget that most of the conference's we have now haven't been around forever. Conferences are created, dissolve, grow and contract based on just this sort of thing. Either big schools getting all the influence from their conference home offices or from hoarding all the money like University of Texas. It's one of the reasons A&M left the Big 12 for the SEC.
This post was edited on 10/26/18 at 7:17 pm
Posted on 10/26/18 at 7:15 pm to nola000
Yes but does the NCAA make money off the players and dictate what the rules are?
Posted on 10/26/18 at 7:19 pm to asullivan12
I'm actually not sure how the NCAA is funded. I'm imagining that all the participating universities contribute to their budget.
In a way they dictate what the rules are but they do so with the approval of all the member institutions. The problem is just like with big government. Once it gets too big it takes on a life of its own and no longer answers to its constituents. With so many voices with what I imagine are hundreds of colleges and universities, there's no real grassroots control over the NCAA. If a University doesn't like the rules the NCAA has they can just choose not to participate in NCAA sanctioned events. They're best move would be to get a collective of other big schools that can draw big TV contracts and create their own athletic associations.
This is why governments that govern local govern best because they can best answer to their constituents.
In a way they dictate what the rules are but they do so with the approval of all the member institutions. The problem is just like with big government. Once it gets too big it takes on a life of its own and no longer answers to its constituents. With so many voices with what I imagine are hundreds of colleges and universities, there's no real grassroots control over the NCAA. If a University doesn't like the rules the NCAA has they can just choose not to participate in NCAA sanctioned events. They're best move would be to get a collective of other big schools that can draw big TV contracts and create their own athletic associations.
This is why governments that govern local govern best because they can best answer to their constituents.
Posted on 10/26/18 at 7:21 pm to nola000
The nation is laughing at us. Beat Bama. Remove the tinfoil
Posted on 10/26/18 at 7:33 pm to Tigerfly66
Why are you addressing this to me?
Nothing I've said so far is factually incorrect. If you have information or thoughts you'd like to bring to light please do. If you would like to refute what I've stated please do.
If this is all over your head then just ask for clarification
For the record, I don't think there's any Court in America that would take up such a case but to be honest it wouldn't surprise me. We had Congressional hearings over cheating in MLB. This is far less ridiculous than that
Nothing I've said so far is factually incorrect. If you have information or thoughts you'd like to bring to light please do. If you would like to refute what I've stated please do.
If this is all over your head then just ask for clarification
For the record, I don't think there's any Court in America that would take up such a case but to be honest it wouldn't surprise me. We had Congressional hearings over cheating in MLB. This is far less ridiculous than that
This post was edited on 10/26/18 at 7:36 pm
Posted on 10/26/18 at 7:44 pm to nola000
This kind of nonsense makes LSU look like a bunch of pussies. Life is about overcoming adversity. Adversity is an opportunity for greatness.
Posted on 10/26/18 at 7:55 pm to Klingler7
they didn't make a mistake. they knew exactly what they were doing!
Posted on 10/26/18 at 8:15 pm to JudgeHolden
There must be some form of material harm to an interested party. Ticket holders are good...
Posted on 10/26/18 at 8:20 pm to Red Stick Tigress
quote:
Why can't LSU as a "paying member" of the SEC, file suit against the SEC to request a review by the NCAA?
Probably because as a "paying member" of the SEC, LSU has stipulated to quite a few things. Among those things is the manner in which officiating protests are handled. They could surely file a suit, but it would then be summarily dismissed because LSU is a voluntary member and agreed to procedures set forth in the SEC bylaws.
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