Erik Biever wrote:
> I like the judge's point of view.  This should be settled out of court 
> if possible.  I'm afraid, however, it will be litigated to the bitter 
> end.
>
> - Erik

There's plenty to be said for working out agreements amicably, but 
carrying the issues to a judicial conclusion also provides benefits we 
don't get through an out of court settlement.  I think there are worthy 
points on both sides, as there typically are when the issue is merely 
one of where to draw the line.  An ultimate court decision is likely to 
be based on judgment of which points are weightier and, whether or not 
it's the best decision, at least provides legal precedent to guide other 
organizations with the same issues.  An out of court settlement doesn't 
tell us where we stand. 

Unfortunately, it takes time to carry arguments all the way to the 
supreme gods (which is still shorter than leaving it indefinitely 
undetermined) and the parties directly involved bear the inconvenience 
of an extended limbo period and the expense of deciding the question for 
the rest of us.  I don't know whether the NCAA feels strongly about its 
stance or whether it just feels a responsibility to get a reasonable 
line drawn, but I think there's a service provided by the actions of 
both sides.  Hopefully, it gets litigated to a civilized, logical, 
helpful end rather than to the bitter end.

Bob Griebel