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Subject:
From:
Michael Patrick Bresina <[log in to unmask]>
Reply To:
Michael Patrick Bresina <[log in to unmask]>
Date:
Sun, 6 Mar 1994 14:56:00 -0600
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>  by Neil Goldberg <[log in to unmask]>
 
>1) Maybe someone from the Maine Campus can asnswer this for me: Where does
>Maine have the money to sue the NCAA?? Didn't they just eliminate their
>communications school for lack of funds?  I also thought they spent all of
>the hockey slush fund on keeping Walsh from from bailing for UMasss-Amherst
>last year. Are they really prepared to spend what would be a huge sum of
>money to sue the NCAA when they have enough trouble keeping the light and
>heat going?
 
Can boosters cover this?  Some may be willing to donate the necessary work.
 
>2)I believe almost every conference has a rule against member institutions
>suing the league as a whole with either a huge fine ($1 million) or expulsion
>from the league as a punishment. I don't know this for sure but I know that
>all four pro leagues and almost every coll. basketball conference has the
>rule including the BIg East, of which Hockey East bylaws are patterened after.
 
I have yet to see any non-governmental organization succeed with this defense.
 
>3) Suing the NCAA (or trying to get a restraining order against one of its
>rulings) would be a very bad idea. UNLV tried it in 1977 and 15 years later
>they got double the punishment they would have received if they had left well
>enough alone. The NCAA can make life quite difficult when someone tries to
>take them to court. They will tie it up with motions and such until the
>school gives up. It's happened many times, and the school loses every time.
 
While I'm sure they wouldn't hesitate to do this again, it's hardly a reason
to back down from them if you have a case.  Consider the following:
 
   1  Curt Flood lost his suit against major league baseball.  Four years
      later, his positions were largely upheld by court decisions.
 
   2  McIlhenny lost suit after suit trying to have the generic name
      "tabasco" declared a brand name.  Eventually, they took it out
      of state, and started winning.
 
Cheers,
 
Mike
 
 
+----------------------------+----------------------------------------+
|  Michael Patrick Bresina   |     America's always had a problem     |
|  [log in to unmask]  |  with illegal aliens.  Ask any Indian. |
+----------------------------+----------------------------------------+

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