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NCAA Needs to Go ASAP - More Hypocrisy

Discussion in 'Sports and News' started by qtlaw, Feb 21, 2012.

  1. qtlaw

    qtlaw Well-Known Member

    How can the NCAA withstand further scrutiny? Their hypocrisy and treatment of student-athletes is getting worse.


    In the article the Univ. of Maryland looks ridiculous allowing transfers to come in but only giving limited options to someone who wants to leave. This mirrors the St. Joe's case in that the potential transferee got his degree.

    I know some hate plaintiff's lawyers, but I hope someone takes down the NCAA on this transfer rule just like Curt Flood took down the MLB Reserve Clause.
  2. Michael_ Gee

    Michael_ Gee Well-Known Member

    Qt, I sympathize with your sentiment, but Curt Flood lost his case. Arbitrator Peter Seitz broke the reserve clause several years later.
  3. qtlaw

    qtlaw Well-Known Member

    You know I took Sports Law in law school and knew that it was really the Andy Messersmith case that broke it but everyone remembers Curt Flood instead so I went with that.
  4. Starman

    Starman Well-Known Member

    Just wait until somebody fires a frontal cannon at the NCAA with a lawsuit on the grounds the NCAA has no legal authority to interfere with the attorney-client relationships between student-athletes and attorneys they choose to represent them for whatever reasons (get out of parking tickets, defend assault-and-battery cases, negotiate million-dollar contracts) they see fit.

    It would be hard to come up with a more blatant case of interference with one of the most fundamental rights in the constitution.

    Not to mention one of the primary reasons the NCAA doesn't want student-athletes to have agents is that the agents will probably have the legal knowledge necessary for students to attack the NCAA itself for its numerous other violations of fundamental rights.
  5. qtlaw

    qtlaw Well-Known Member

    Frankly at this point I would welcome an opportunity to represent an athlete masquerading as a student. Screw the NCAA, they get tax dollars they need to follow the Bill of Rights.
  6. Baron Scicluna

    Baron Scicluna Well-Known Member

    Flood did lose his case because the Supreme Court ruled 5-3 in "stare decis" (let the decision stand) to keep a ruling it had made in the early 1920s against the Federal League that baseball was a sport, not a business, and given an antitrust exemption. The court admitted that the grounds for the exemption were pretty weak, and didn't apply it to other sports.


    I'd think a student's challenge to the NCAA would go over better than Curt Flood's did, because there's no previous ruling for an antitrust exemption for college sports. If anything, the NCAA losing the case against the college football schools for TV purposes in the early '80s might help the kid's case.

    And yeah, this is another log on the fire for the "student-athlete" and their rights. The QB could argue in court that Maryland and the NCAA are consipiring to prevent him from getting a scholarship to Vanderbilt, or, if Vandy gives him the schollie, prevents him from fully enjoying the college experience like any other student would.

    It's only a matter of time for the NCAA. As I've said many times here earlier, and with the MLB example, they better find a way to get control of the situation before the athletes take control for themselves.
  7. Baron Scicluna

    Baron Scicluna Well-Known Member

    There's already another thread on this anyways, but Edsall backed down after a week of getting slapped around from pillar to post.

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