Re: NCAA to interview T. Love and Julio Jones.
Well, I can see from the lack of replies that all the other lawyers are taking Sunday off. First, these interviews are strictly voluntary. How could anyone sue for an action done voluntarily? Do you really think that UA, forget fans and taxpayers for the moment, could sue the NCAA if JJ volunteers to be interviewed? UA has no authority, in fact, to tell JJ not to be interviewed. Now, what happens if he says "no?" LD's answer is obvious. They figure you have something to hide, so UA would be inviting more scrutiny. In fact, the biggest stumbling block to member institutions wishing to sue the NCAA has been the problem that it is, in the end, a voluntary association, and the Supreme Court has ruled so. As for the "standing" issue, the courts have allowed the status of "having standing" to coaches, institutions and student-athletes. There have been attempts by third parties, alumni groups and the like, to intervene in suits involving the NCAA. They have all been thrown out. As for the idea that being a fan of a school or a taxpayer conferring standing, I don't even know where to start responding. All I can do is point out the nightmare that would result if every taxpayer or fan could have to standing to sue for each action by a governmental branch which he disagreed with. Tens of millions of suits and paralysis of the court system would result. As for appealing to the Supreme Court's being expensive, don't worry about that . It would be thrown out at the trial level, and the appeal from that would fail, so there's no hope of getting to the Supreme Court, which, in the end, only takes the cases it wants, with few exceptions, and this sort of suit is not one it would hear. So, in short, forget suits by fans...
Well, I can see from the lack of replies that all the other lawyers are taking Sunday off. First, these interviews are strictly voluntary. How could anyone sue for an action done voluntarily? Do you really think that UA, forget fans and taxpayers for the moment, could sue the NCAA if JJ volunteers to be interviewed? UA has no authority, in fact, to tell JJ not to be interviewed. Now, what happens if he says "no?" LD's answer is obvious. They figure you have something to hide, so UA would be inviting more scrutiny. In fact, the biggest stumbling block to member institutions wishing to sue the NCAA has been the problem that it is, in the end, a voluntary association, and the Supreme Court has ruled so. As for the "standing" issue, the courts have allowed the status of "having standing" to coaches, institutions and student-athletes. There have been attempts by third parties, alumni groups and the like, to intervene in suits involving the NCAA. They have all been thrown out. As for the idea that being a fan of a school or a taxpayer conferring standing, I don't even know where to start responding. All I can do is point out the nightmare that would result if every taxpayer or fan could have to standing to sue for each action by a governmental branch which he disagreed with. Tens of millions of suits and paralysis of the court system would result. As for appealing to the Supreme Court's being expensive, don't worry about that . It would be thrown out at the trial level, and the appeal from that would fail, so there's no hope of getting to the Supreme Court, which, in the end, only takes the cases it wants, with few exceptions, and this sort of suit is not one it would hear. So, in short, forget suits by fans...