Subject: | |
From: | |
Reply To: | |
Date: | Mon, 18 Dec 2006 15:15:15 -0500 |
Content-Type: | text/plain |
Parts/Attachments: |
|
|
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
|
|
|