The Alston oral arguments are underway right now.
Question: if you had to pick the Supreme Court justice who would be the first ever to mention the transfer portal, whom would you choose?
Answer in comments.
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UPDATE: I just…
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And the competitive advantage it could confer on heavyweights like, “Alabama, Ohio State, and Nebraska.”
Ouch
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Considering how little Thomas is reputed to speak at oral argument, that’s a really tough trivia question!
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I think that he speaks now that they are doing the arguments on Zoom or the Federal equivalent.
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MS Teams most likely.
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The very few times he chooses to speak generally remind me of the old adage about silence and fools.
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Look, I’m not a lawyer. But neither are these idiots the NCAA has representing them. LOL
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I would have guessed Kavanaughhad I not read the Senator’s post first
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If you had told me one of the judges would define the NCAA labor market conditions as a monopsony, I would have been bowled over. Beautiful to hear that word (correctly used).
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They’re not wrong…
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Correct! They’re exactly right!
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geez, I am not a lawyer, nor on the bar, but I could put forth better arguments for the NCAA. Give me that $500 an hr and let me put forth some argumentation already.
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Better yet let me replace Emmert. I promise I won’t do anything at all, and by default this will be a tremendous improvement.
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Learned Hand
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Contemporary of federal judge and baseball commish Kenesaw Mountain Landis. Some great names in 19th-century America.
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You may not like the argument and while it may be the most hypocritical self serving nonsense uttered since chutzpah, it ain’t bad.
For conservatives justices who see human behavior as a product of incentives/disincentives it may sell.
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I agree Derek. I see the NCAA argument along the same lines as job incentives. For instance, let’s say I hire you as a lawyer to my firm. I then tell you the job requires you to be and to win cases. However, if you win 70% of your cases, you bonus 200% of your salary. Do you think you will focus on the ethics or on winning cases?
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I wonder if any Justice asked the lawyer. “Why doesn’t the NCAA reduce the allowed practice time?” if protecting study and class time is the main objective.
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Well you can’t do that. As a completely amateur, non-profit enterprise you have to do something to protect your ROI.
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Thomas is from the south. He knows about football. Not sure about the others. Do they have transfer portals in the Ivy League?
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See, I would have guessed Barrett because she went to ND law school.
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Ouch – both liberal and conservative justices giving NCAA a hard time (deservedly). Brilliant legal campaign NCAA.
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