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View Diary: Corbett suing NCAA on antitrust grounds (34 comments)

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  •  The idea that you can't enforce where the $60M... (3+ / 0-)
    Recommended by:
    SilentBrook, Bulldozer, leu2500

    ...comes from is frivolous.  The athletics budget is already wholly separate from the state-assisted bulk of the budget, so decreeing that the $60M should come from the athletics budget is sufficient.  I think this is one of those cases where the colloquial argument is a lot stronger than the strictly legal argument.

    You know, I sometimes think if I could see, I'd be kicking a lot of ass. -Stevie Wonder at the Glastonbury Festival, 2010

    by Rich in PA on Wed Jan 02, 2013 at 08:29:48 AM PST

    •  This is not state money (3+ / 0-)
      Recommended by:
      leu2500, misslegalbeagle, Loge

      Penn State is a "state affiliated" institution, not a "state owned" institution.  Here in the Commonwealth, we have both.  The Commonwealth owns 14 colleges and universities, places such as Edinboro, Slippery Rock, Indiana, and California (yes, these are real universities).  The Commonwealth also affiliates with four "state related" institutions, where it provides less than 10% of the funding and has certain other ties (Temple, Lincoln, Pitt, and Penn State).  Each of these universities has its own separate (non-state) governance.   Each of these four is managed separately from Harrisburg.  

      Political subdivisions acting on behalf of the state are acting in the state's name (WVU v Rodriguez, 2009).  However, Penn State is not the alter ego of the Commonwealth.  It acted separately.  

      There's an argument up-thread about fungible disbursements.  This works ok as long as the entity is an alter ego of the state.  But once Commonwealth funds go to one of the state related universities, the state is no longer the direct actor.   It's effectively an arms-length transaction with an affiliated, but separate, entity.   The fact that the University is not involved in this petition is telling - they have standing.  I'm not sure Corbett has standing.

      However, Corbett could have had standing if he pursued the case when he was AG.  But he didn't want to touch it.  It might be too late.

      He will be primaried by one or more Republicans next year.  He will probably lose that primary.  We hope he could survive the primary so Team Blue can get the statehouse back, but we may not be so lucky.  

      This is just as transparent as Specter's end-of-life party re-switch.  Another opportunistic chance to try to get re-elected.  Will likely fail as badly as Arlen's bad move.   May Arlen rest in peace.

      •  He doesn't have a say (0+ / 0-)

        Once the money is spent, that's right, but couldn't he sue on behalf of the paying ticket holders to penn state games?  It's a loser, but there's standing. But that had nothing to do with this whole taxpayer funding crap.  About which, if there's a reason to sue in federal court, I can't think of it.

        Difficult, difficult, lemon difficult.

        by Loge on Wed Jan 02, 2013 at 12:32:41 PM PST

        [ Parent ]

        •  Class action? (0+ / 0-)

          That's the only way that he could get the ticketholders in.  Would he serve as the named defendant?  If the funds came from somewhere other than season ticket holders, he could win and end up with nothing, because the ticketholders weren't damaged financially.  The secondary effects?  Maybe, but a further stretch than I'm familiar with in the case law.

          •  it doesn't have to be a class action, (0+ / 0-)

            but what he'd gain in antitrust standing, since there is at least a claim of particularized harm (they paid face value, and the NCAA reduced the real value of the tickets by restricting the scholarships, etc. -- by the NCAA"s anticompetitive action, they pay the same for less), I imagine he'd lose in antitrust injury.  This is not the sort of harm the antitrust laws are designed to prevent.  Overall competition in the college football market isn't hurt, just one program, and that program had it coming.

            maybe Corbett is just trying to find a way to get away with cutting $60 million from higher ed funding.

            Difficult, difficult, lemon difficult.

            by Loge on Wed Jan 02, 2013 at 08:30:06 PM PST

            [ Parent ]

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