NCAA In Danger
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I don’t think I’m being too hyperbolic here, but our resident legal expert @mayjay would know more about this kind of stuff.
Google drive is to a legal document.
https://drive.google.com/file/d/1WaZ4ZsEdc3WRx-uBFc7i-eK_Vqg5XwSA/view
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Biggest smiley face ever
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@BShark I know nothing about this stuff, but I judged commodity investors’ cases for years and never took an investment class in law school, so obviously ignorance is no bar to opining! I did work on a class action case once…before I passed the bar.
I will have to get back to you on this one…
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I talked to a lawyer friend of mine and he told me once the class gets established it’s an expressway to a settlement
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Didn’t your mom warn you to stay away from lawyers? I certainly do!
Your friend is right, so long as class certification is likely to survive an interlocutory (meaning while case is going on, i.e., no judgment yet; can be with or without a stay) appeal. Defendants facing hundreds or thousands of cases fear judgments against them that could force bankruptcy; plaintiffs fear not being abl to collect anything for the same reason. Settlement gives relative certainty.
I did have a case involving a class action settlement up in Boston before I became a judge. I was my agency’s representative in US District Court in Boston after we got a call late one afternoon from the judge’s clerk asking us to come the next day. A settlement being considered involved a class action where the plaintiff investors in federal court were agreeing to the defendant’s demand that any settlement depended on shutting down all cases filed by other people against the same company in our agency’s reparations program (an administrative forum which was an alternative to court or arbitration). The judge wanted to know what we thought.
We were mad as hell. I flew up 5 times in the next 4 months trying to deal with dozens of lawyers all conspiring to solve their clients’ problem by screwing hundreds of people not even in their case. And trying to convince the judge that his power to approve a settlement between his parties did not entitle him to enjoin an agency from hearing legal cases committed to us by Congress rather than to the federal courts. Separation of powers, Constitution…little things like that. The judge was chafing at the bit, but finally backed down when I told him I was authorized to go up the street to the Court of Appeals to get a writ voiding any decree he issued. They finally settled without all that crap.
Long story and the stress was why I quit litigation to become a judge…but I got to see Boston. Even took my luggage to Fenway and bought an extra seat for it one night. Imagine doing that post 9/11?
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Interesting. Arizona is already having to cut several sports programs due to a budget in the red. How many more teams will have to go to pay the players?
Maybe just cut back to football, basketball, baseball, volleyball, and softball; eliminate all other sports. But perhaps baseball and volleyball need to go as non-revenue producing sports.
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@dylans Title IX makes that illegal. On balance have to have slightly more women than men SAs
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@FarmerJayhawk title 9 is just for the ncaa. But that is the same number of programs, the scholarship numbers are uneven though. Cut baseball.
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@dylans nope. Applies to any institution receiving federal funding. So also NAIA and all secondary schools that take federal money. So, all of them.
There’s no way to remain compliant while keeping 85 football scholarships and fielding all revenue sports.
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Actually, same or equivalent number of athletes is just used by schools because it is considered easier to comply (that test is considered a “safe harbor” by the feds). There are 3 possible ways to comply, but I just remember another one that virtually no school tries, but it would allow for different numbers: A school can be in compliance despite unequal numbers if it can prove that it has made athletic schol opportunities realistically available (actually budgeted and in programs with real coaches and facilities, not just a pamphlet description) to women in sports where women can participate, AND had worked like hell to make those opportunities known to college recruits and to the college population.
No one does that, from what I gather, because cutting mens swimming or diving to make numbers is easier.
(All this is from my prior understanding. If it has changed, mea culpa.)
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@FarmerJayhawk said in NCAA In Danger:
@dylans nope. Applies to any institution receiving federal funding. So also NAIA and all secondary schools that take federal money. So, all of them.
There’s no way to remain compliant while keeping 85 football scholarships and fielding all revenue sports.
Gotcha. Cancel all sports then. No big deal. If they’re losing money, there is no point. Money is all that matters about college sports now.
