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View Diary: Corbett announces he plans to get ALL sanctions against Penn State overturned (49 comments)

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  •  Penn State and the NCAA (3+ / 0-)

    Penn State is doggoned lucky that their punishment was only the aforementioned sanctions... the Big 10 was thisclose to kicking them out of the conference (personally, I think they should have), and the NCAA was ready to put the BIG hammer down and shut down the football program for at least 2 years. No football, no scholarships, nothing.  Now, the NCAA was going to let the kids in the football program transfer from Penn State to another university, keeping their scholarships, or to have the kids stay at Penn State, with their scholarships, but no football program.  The NCAA actually did let the kids stay at Penn State, keeping their scholarships without staying in football, or letting the kids transfer, and having them keep their scholarships.  So, the NCAA did what they could to mitigate the effect on the kids.  I thought that what they did for the kids in the program was OK.

    •  well, that's sort of the theory of the case (0+ / 0-)

      that Penn State was coerced into agreeing to the sanctions because the NCAA acted outside of its authority.  By acting beyond its jurisdiction and without due process, the sanctions are really a group boycott and not defensible as an act in furtherance of the NCAA's objectives.  (This falls apart if you believe that the NCAA has an interest in protecting the public image of college football, if the NCAA's interpretation of its by-laws is not unreasonable, or if you don't believe that the purpose of the NCAA is to protect Penn State.)

      But big picture, the gov should have left well-enough alone.  If Penn State football were shut down, the case would go from entirely meritless to only slightly meritfull (assuming Penn State and not the Commonwealth was the plaintiff -- the school has good arguments the "repeat violators" penalty shouldn't be imposed up front, but not a side-attack on process / jurisdiction after the fact), but such a suit would be entirely Pyrrhic.

      Difficult, difficult, lemon difficult.

      by Loge on Thu Jan 03, 2013 at 08:43:05 AM PST

      [ Parent ]

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