SI: State of Pennsylvania to file lawsuit against NCAA, challenging the sanctions

[Iceland12]

Not surprisingly a columnist for the Miami Herald, home of the next-in-the-Defendants-Box Miami Hurricane thinks the NCAA overstepped it's bounds.

Tough as any of those claims are to prove, the commonwealth's lawyers are on the right track. Most of Emmert's previous stabs at reforming the problems he can do something about - Google "Ohio State and coach Jim Tressel" or "Auburn and quarterback Cam Newton" or "Miami and agent Nevin Shapiro" - have been roundly panned. Maybe, like NFL Commissioner Roger Goodell in the "Bountygate" mess, he couldn't resist a slam-dunk opportunity to look strong. And maybe a few others on the executive committee that rubber-stamped those unprecedented penalties didn't mind seeing Penn State being humbled and weakened. Added up, that looks plausibly enough like a rush to judgment.

Read more here: http://www.miamiherald.com/2013/01/03/3165804/column-why-did-ncaa-really-pile.html#storylink=cpy


http://www.miamiherald.com/2013/01/03/3165804/column-why-did-ncaa-really-pile.html

 

[Lakeville Goldy]

I believe the State of Penn Pennsylvania is the one suing the NCAA, not PSU.

Yes, they are.

I was, however, responding specifically to your point that PSU didn't have a choice other than to settle. ("The other choice was the death penalty which the ncaa had already threatened them with.") I believe you were implying that you couldn't blame PSU for agreeing to the terms of the punishment since the only reason they did so was to avoid the death penalty. That seemed to be in response to the statement that the Governor's suit won't have a chance since the school agreed to the punishment (and potentially initiated the punishment).

I don't believe the implied threat of the death penalty will change the legality of the agreement between PSU and the NCAA because they did have a choice (let the NCAA punish however then appeal, sue, what have you). But once they did agree to the punishment it basically (in my opinion) eliminates the ability of the state to sue since it technically wasn't a punishment handed down by the NCAA as it was an agreement of two parties of self imposed punishment. That's why I believe PSU would have to be a co-defendant which I don't believe it can since it is a state entity.

The only way I think this suit gets traction is if by PA state law the PSU president would have been required to get permission from Governor/Congress/etc. for a decision like this. That could cancel the agreement which would then allow the NCAA to implement different punishment on their own or negotiate with the state and PSU.

Anyway, if I misinterpreted your statement I apologize, but hopefully this explains where I was coming from...

 

[station19]

Yes, they are.

I was, however, responding specifically to your point that PSU didn't have a choice other than to settle. ("The other choice was the death penalty which the ncaa had already threatened them with.") I believe you were implying that you couldn't blame PSU for agreeing to the terms of the punishment since the only reason they did so was to avoid the death penalty. That seemed to be in response to the statement that the Governor's suit won't have a chance since the school agreed to the punishment (and potentially initiated the punishment).

I don't believe the implied threat of the death penalty will change the legality of the agreement between PSU and the NCAA because they did have a choice (let the NCAA punish however then appeal, sue, what have you). But once they did agree to the punishment it basically (in my opinion) eliminates the ability of the state to sue since it technically wasn't a punishment handed down by the NCAA as it was an agreement of two parties of self imposed punishment. That's why I believe PSU would have to be a co-defendant which I don't believe it can since it is a state entity.

The only way I think this suit gets traction is if by PA state law the PSU president would have been required to get permission from Governor/Congress/etc. for a decision like this. That could cancel the agreement which would then allow the NCAA to implement different punishment on their own or negotiate with the state and PSU.

Anyway, if I misinterpreted your statement I apologize, but hopefully this explains where I was coming from...

Not sure who you are referring to with "yes they are".

Long story short; I agree that this suit has next to zero chance to go anywhere.

 

[cncmin]

The Governor thinks there was a conspiracy among NCCA schools to take down Penn State. People say Gopher Fans live in the past and guys like Sid see conspiracies everywhere. Penn State fans and Gov. Corbett are right there with them.

http://espn.go.com/blog/bigten/post/_/id/69187/video-governor-fighting-for-penn-state

Corbett and Penn State University are not exactly friends. Corbett is a strict Tea Partier who has been trying to eliminate state funding for PSU.

Corbett is likely bringing up the suit to save his own political face; as his personal actions (and lack thereof) directly contributed to the problems PSU are facing. The fact he is undertaking this suit is a contradiction of himself.

That said, I think it's the first thing Corbett got right in this situation.

 

[MNGoldenGophers1]

Corbett agreed to the NCAA sanctions at the time they were handed down. Now the tea-tard is making a reversal just to get re-elected. I wonder if Corbett discussed this lawsuit with the victims? Pathetic.

 

[cncmin]

Corbett agreed to the NCAA sanctions at the time they were handed down. Now the tea-tard is making a reversal just to get re-elected. I wonder if Corbett discussed this lawsuit with the victims? Pathetic.

An interesting opinion article on the subject, outlining how fishy this all seems. The more I find out about Corbett's actions in this case, the more I think they're merely another of his political shenanigans. I don't know why I was temporarily duped into thinking that man had any morals or ethics. If he gets reelected in 2014 we'll know for sure that PA is merely Pittsburgh and Philly surrounded by Pennsyltucky.

http://www.sbnation.com/college-football/2013/1/4/3831566/penn-state-lawsuit-tom-corbett-ncaa

I maintain that the NCAA overstepped its bounds, but I've changed my mind on the usefulness of this lawsuit. Bleh.

 

[Goldmember]

The NCAA should have hired a thug and a camera man. They should have randomly selected a person walking down the sidewalk in Philadelphia (preferably someone wearing a PSU hat or t-shirt... but not absolutely necessary) and beat them to death while filming everything. They should have then posted the video on YouTube with the title "This is what the NCAA duz to Child-Molestorz!"

Okay, maybe not. But if they had done this it would have been a similarly "just" punishment.

Personally, I don't care. I have nothing to do with PSU. I just get a kick out of how whack people's notions of fiarness and justice are. Let's face it: most people just don't have the reasoning capacity to think their way through this one.

 

[station19]

The NCAA should have hired a thug and a camera man. They should have randomly selected a person walking down the sidewalk in Philadelphia (preferably someone wearing a PSU hat or t-shirt... but not absolutely necessary) and beat them to death while filming everything. They should have then posted the video on YouTube with the title "This is what the NCAA duz to Child-Molestorz!"

Okay, maybe not. But if they had done this it would have been a similarly "just" punishment.

Personally, I don't care. I have nothing to do with PSU. I just get a kick out of how whack people's notions of fiarness and justice are. Let's face it: most people just don't have the reasoning capacity to think their way through this one.

Okay