Oh, my, Miz Scarlett.

Hale Almand, Jr.:  No lawyer is ever going to make a more embarrassing argument in court than I did with my ”We may not be able to make a university student out of him, but if we can teach him to read and write, maybe he can work at the post office rather than as a garbage man when he gets through with his athletic career.”

NCAA and SEC lawyers:  Hold our beers, Junior.

… In repelling previous efforts by college athletes to gain recognition as employees under the FLSA, the NCAA emphasized case law (Vanskike v. Peters) indicating that while the 13th Amendment abolished slavery and involuntary servitude, there is a so-called “slavery loophole” for prisoners and, arguably, college athletes. The key question for the Third Circuit is whether Judge Padova applied the appropriate test in dismissing the NCAA’s motion to dismiss.

McDonald, while referencing a South Park episode that satirized the NCAA and member schools as slaveholders, finds it telling that a core defense against paying college athletes is the slavery loophole. “The fact the NCAA—and now SEC—actually rely upon legal precedent about the 13th Amendment slavery loophole to defend the exploitation of free Student Athlete labor shows, in this case, truth is stranger than fiction.”

And to think some of y’all believe all that plantation talk was over the top.

53 Comments

Filed under SEC Football, See You In Court, The NCAA

53 responses to “Oh, my, Miz Scarlett.

  1. RangerRuss

    State Senator Jim Smith, late of Smithonia would have approved of this defense.

    Like

  2. ugalestat1

    Apparently I am old and have no tech skills

    Liked by 6 people

      • RangerRuss

        It’s difficult enough for a 261 year old to master tech. Sunrise was 0632. He was under pressure to get back in that coffin where internet service is sketchy at best I’d imagine.

        Liked by 5 people

        • moe pritchett

          Holy shit ! I’m keeping that in my files.

          Like

        • Illini84

          Funny, when I interviewed for my last job my future boss (infantry officer who stayed at Benning writing M-79 manuals) hired me because of my background running kids sports programs. He said “if you can run kids sports (and manage the crazy parents) you can do this job. You can learn the technology but you can’t learn those skills!” I did.

          Liked by 3 people

        • ugalestat1

          Great series of books I assume you read them. Named my rottie Lestat because I was getting a wolf killer, turned out to be the sweetest dog on the planet at the time. 🙂

          Liked by 3 people

          • RangerRuss

            I saw the movie. Agreed on the Rottweiler. I haven’t met a bad one yet. They behave the way they’re trained.

            Liked by 3 people

            • Illini84

              It’s been almost a year since we adopted a horribly abused pitty. I never believed all the people who told me how great they were. I do now, what a sweetheart despite what was done to her.

              Liked by 3 people

              • RangerRuss

                There are some “red zone” dogs out there that have to be put down. That’s always a shame as most were trained/abused to be that way. It’s rare that a normal dog is born vicious; but, that happens too. Psychosis isn’t just a human mental health problem.

                Like

                • Illini84

                  “Police in Athens reported a man found an injured dog July 23 in the Vincent Drive area off Newton Bridge Road, and that a responding officer determined the dog had a broken leg, an arrow lodged in its neck and cut wounds to the neck.

                  When a veterinarian tended the dog’s injuries, buckshot from a shotgun was also found in the dog’s body.

                  The dog, who was given the name Artemis, had also given birth recently, but the whereabouts of her puppies is unknown, according to police.”

                  She’s definitely got PTSD but she loves kids and biscuits!

                  Like

            • rugbydawg79

              Like my Malinois !

              Liked by 2 people

    • Down Island Way

      You may have skills my friend, just not nerd skills…

      Liked by 1 person

  3. Hogbody Spradlin

    Sry, but this still brings a smile:
    ‘ELECT JAN KEMP NEXT TEACHER IN SPACE’
    May she rest in peace.

    Liked by 3 people

  4. I mean other than the fact you couldn’t leave a plantation, could be tortured, and could have your kids sold away, college football is just like slavery.

    Liked by 5 people

    • Yeah, and I read a book one time, and saw the movie too, about how college football recruiters would sneak thru the countryside of Georgia and Texas and California and try to kidnap high-school athletes.

      Like

    • I mean other than the fact you couldn’t leave a plantation, could be tortured, and could have your kids sold away, college football is just like slavery.

      LOL.

      Hey, man, don’t tell us — tell the SEC’s lawyers.

      Liked by 1 person

  5. jcdawg83

    The NCAA should demand a full refund of any money paid to that law firm after they made that argument. .

    Liked by 2 people

    • whybotherdude

      I was thinking they should sue them for malpractice, if you can do that to a lawyer. At the least walk into the court room and fire them on the spot in front of everyone and beg the court to take it easy on them in the ruling.

      Liked by 1 person

  6. Ran A

    What do you call the guy who finished last in his class in Law School and passed the Bar on the 10th try?

    Attorney

    Liked by 6 people

  7. Illini84

    Fred didn’t exactly kill it with his remarks. “”If they leave us being able to read, write, communicate better, we simply have not done them any damage,” he testified. He also said that while he favored raising academic standards for athletes, Georgia would not raise its standards unless its athletic opponents did. He said Georgia could not afford to ”disarm unilaterally” and that athletes had a ”utilitarian value” to the university because of their revenue-producing potential.”

    Liked by 2 people

  8. This needs to be added to the Wikipedia entry for “Kinsley gaffe.”

    Like

  9. akascuba

    The Third Circuit court covers Pennsylvania, New Jersey, Delaware and the Virgin Islands. That coverage area makes as much sense as some new CFB conferences. Perfect spot for these guys.

    Liked by 1 person

  10. Ran A

    Home – Clemson – L
    Home Western Carolina – W
    Home Ole Miss – L
    Away UCF – L
    Away Pitt – L
    Home Duke – W (maybe)
    Home Virginia – L
    Away FSU – L
    Away Virginia Tech – L
    Home Miami – L
    Home North Carolina – L
    Away Georgia – L

    Starting off against a Clemson team that is still butt-hurt with how last season went, with most of that team returning (pretty much all on defense) was an unlucky draw. National TV game – Dabo’s ego being dinged… This could be 63-3.

    They “might” upset somebody along the way, but seriously doubt there are two upsets in this schedule. Guessing that by the time th Georgia game comes around, Geoff will be sitting on a beach counting the $$$ from the rest of his contract (which is guaranteed – by the way). $3.3MM with 3 more years on it…

    With that said, Kirby’s new contract will pay him in one year what Geoff will make in the last 3.

    Just another data point in just how far apart these two programs are now.

    Like

  11. Former Fan

    Yea… using the 13th amendment is a stupid argument. But the plantation talk is still over the top. College football was more like indentured servants than slavery. Slaves had no choices at all about their life. And I have supported paying college students and the free market on these pages for years.

    Having said all that, often the best way to win an argument is to use an extreme example to make a point, especially if the extreme example is an exact fit. In this case, slavery is not an exact fit, but it was useful to make a point. It was just too far out for some people, me included. For me, it was all about freedom of trade and work. Freedom (including economic freedom) is not the driving force in our society that it use to be.

    Liked by 2 people

    • Illini84

      “Mr. Dooley acknowledged that he had urged that some athletes be admitted to Georgia despite not meeting academic requirements. Mr. Dooley insisted that some athletes Georgia had rejected for academic reasons had had no trouble finding acceptance, and stardom, at other schools.”

      Like

      • Derek

        A 400 SAT and 2.0 gpa requirement was just a tad too high….

        Which Auburn player do you reckon he was thinking about?

        Like

        • archiecreek

          Auburn????
          Google Sammy Drummer’s article from the Orlando Sentinel.
          The late Sammy Drummer, star athlete and honor scholar from the georgia institute of janitorial technology, otherwise known as the north ave. trade school.

          Like

          • Derek

            Too lazy to create an account to read it. Whats the summary or money quote?

            At least Drummer was a transfer. Austin Peay let him in college first.

            Which Auburn player defended himself over an alimony dispute, in part, because he said he was illiterate? Was it Joe Cribbs? James Brooks?

            Like

            • silvercreekdawg

              It was James Brooks. Auburn was so embarrassed they offered to re-educate him for free.

              Like

              • poetdawg

                You know it’s not his fault that the book was checked out of the library all four years that he was there. (BTW – Auburn was only embarrassed at the publicity, not that he was illiterate.)

                Like

  12. For those who really believe college sports is like slavery on an antebellum plantation, feel free to stop watching, donating to or attending college sports to show your moral outrage. This is coming from someone who is a staunch NLI supporter. I really don’t care if the whole thing goes to an employee relationship and pay-for-play because the NCAA screwed everything up when they had a chance to reform themselves. When either side decides it’s time to take action in a labor dispute or the eligibility rules make athletes as student optional and don’t have to meet academic requirements or that they can stay beyond 5 years, I’m out.

    Like

  13. Derek

    I was thinking about when those UGA admissions “standards” were adopted and my assumption, I don’t know, is that they were in place for a very long time. At least since someone turned a dollar on college football, and I had this thought experiment come to mind:

    The Jan Kemp trial and controversy happens before integration and say around 1956. Same evidence. Same post office argument. Does anyone, anywhere really give a rats ass?

    I’m not sure I know how to feel about it, but my strong suspicion is “no.”

    Like

  14. Where attorneys are involved, nothing surprises me.

    Liked by 1 person

  15. Dawg19

    They should have used the Chewbacca Defense.

    Liked by 1 person