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I actually haven't been keeping up either but I believe this was posted. I can see the NCAA putting the banhammer on that though. No way they allow them to circumvent the system. Now if they schedule it as one of the out of conference games and do it the last week of the year the NCAA won't be able to do anything, I don't think.Quote:
Originally Posted by JBHuskers
Well they're not getting any bowl profits, so I dunno how much of circumventing the system it is. Isn't profit the main reason for a bowl ban?Quote:
Originally Posted by psuexv
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Originally Posted by psusnoop
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Originally Posted by baseballplyrmvp
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Originally Posted by psusnoop
Sorry for the delayed response. The Answer to the question is of course they can be sued. Hell, you and I could theoretically be sued by the Penn State victims in this case. The question of course is would the law hold the NCAA (or us) liable.Quote:
Originally Posted by JeffHCross
I've seen no evidence that anyone in the NCAA was complicit with Penn State in the cover up. Therefore, the only civil common law theory I can think of off of the top of my head (assuming no statute is on point) would be a negligence theory.
Negligence generally requires 4 elements: (1) Legal Duty to the Victim/Injured; (2) Breach of the duty; (3) the breach caused the injury; (4) damages.
A case against the NCAA would be EXTREMELY difficult (i.e. you'd have to forum shop HARD - i.e. get an uber liberal judge and a uber liberal jury pool)
The 1st problem with a negligence theory is the duty element. While Penn State CLEARLY had a duty to protect the children that were on campus I'm not sure it applies to the NCAA. It would require a LONG read of all of the agreements/laws/regs/etc... but I would suspect the NCAA makes clear that they are merely an enforcement body and not some proactive group that is ultimately responsible for the conduct of its members.
I'd have to listen to Emert's speech for the Penn State punishment but as I recall I don't believe he said the NCAA was responsible for its PRIOR conduct. Rather as I recall he simply indicated that the NCAA was going to take an active role FOR THE NEXT X YEARS. As such, I supose a theory could be made should this happen again during the X year period but its not something that is retroactive.
Assuming a theory could be made out that the NCAA had a legal duty to the victims and they breached that duty b/c they didn't catch Penn State in time the victims still have a causation element problem.
Causation is generally a "but for..." test meaning but for the conduct of the NCAA the injuries would not have happened. This stuff gets extremely easy to make out and Chaos theory type claims often can be made. However, the law also limits "but for" causation with concepts of "intervening" and/or "superseding" causation.
Basically, X makes a mistake that causes Y to get a bump on his knee. Y goes to the hospital and a terrorist blows up the building killing Y. Some idiot lawyer for Y's estate sues X for his death because "but for" X's mistake Y never would have died. However, the law cuts off X's liability because of the intervening/superseding cause of the terrorist's actions.
Here its basically the same: even if the NCAA screwed up Sandusky (and potentially others) criminal activity acts as an intervening/superseding cause to the victims injuries.
As such, the NCAA might get sued but would probably prevail. Of course, most plaintiffs lawyers know this but still sue and hope to get a "nominal" settlement from the NCAA to avoid the bad PR and/or save the cost of defense attorneys billing the NCAA.
Thanks CLW, much appreciated for the breakdown!
what goes around, comes around
side note....silas redd will be announcing his decision tomorrow.
Not even the same. SMU didn't have a program in 1987 and cancelled the 1988 season. There wasn't a football team and there weren't football players. There is still a team and still players at Penn State. Just more media fucktards jumping on the bash Penn State hatewagon. They can all go fuck themselves. I didn't even get a damn about Penn State when all this started, but the never ending bashing, hate and attacks have gotten so fucking old, I'm take Penn State's side from now on. Fuck the media.
:clap:Quote:
Originally Posted by SmoothPancakes
its still a free agency period, and the article shows that penn state was just as involved as other schools in a free agency period..... i know that with the USC transfer situation, there were over 40 schools who contacted USC players about transfering and not one school notified USC that they were recruiting their players. i guess i find it funny how everyone was so quick to bash USC, even when it was Redd who initiated the contact to the USC coaching staff, and how a huge deal was made when USC told penn state that they were gonna pursue Redd. how many other schools have told penn state they were gonna recruit their players? i know that the georgia and clemson HC's have said on the espn ticker that they would absolutely recruit the penn state players.Quote:
Originally Posted by SmoothPancakes
i agree though about the media. it seems like everyday, there's a new idiot out there writing/reporting a story filled with crap and has zero concern about actually reporting the truth. kinda sad how the media cares more about their ratings than actually reporting news.
By the way MVP and Smooth I was completely agreeing with the "Just more media fucktards jumping on the bash Penn State hatewagon. They can all go fuck themselves. I didn't even get a damn about Penn State when all this started, but the never ending bashing, hate and attacks have gotten so fucking old, I'm take Penn State's side from now on. Fuck the media."
For the record. :D
MVP like Eric and I have said I don't mind him transferring but to go to a school and see maybe 80-110 carries for the year makes little sense to me.
With Barkley and McNeal set as the starting QB and HB adding Redd adds depth (which is nice for Kiffen) but how does that exactly improve things for Redd?
If he can get 80-110 carries and actually be productive on a 10-1 (maybe 11-0) football team equals a second round draft pick 110+ carries on a 4-7 teams equals late draft pick somewhere.Quote:
Originally Posted by psusnoop
No matter what the experts tell you how good your college team is makes a world of difference on where you get drafted unless he is just dominate which teams are more likely to just stack the box; there is no way he goes high in the draft, I think its safe to assume that Penn State will not be that good this year ( at least the stats would tell us), can they pull off a great season of course but it is highly unlikely.
The transfer makes perfect sense to me in abnormal situations you have to get that " whats good for me" mentality especially when something like this is going on and you have no control over it.
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Originally Posted by JBHuskers
Actually, if you get a chance to read "Death to the BCS," you'll see that schools LOSE money going to bowls. The people putting on the bowls and the conference make all the money but teams do it anyway so they can get exposure and can say "We went to the _________ Bowl" in the hopes of getting recruits and keep boosters pumping cash into a "successful" program.
There's a reason that book is the first book I've read cover to cover since high school.
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Again, I'm not implying him staying at PSU I'm saying why go to USC and be a backup or split time when he is a starting HB. For pete's sake go to Bama, Miami, Stanford, Florida, FSU, and the list goes on and on where he can play for a very competitive team and be the starting HB. Name me a RB that wants to play second fiddle to a QB making a Heisman push let alone knowing he is splitting reps with another Maxwell and Doak Walker preseason watch list candidate?Quote:
Originally Posted by oweb26
I get your point now and for that I have no answer maybe they are making the hardest push for him.Quote:
Originally Posted by psusnoop
New housing?? I kid I kid sorry MVP :DQuote:
Originally Posted by oweb26
Getting Moms a new house maybe? Who knows? :DQuote:
Originally Posted by psusnoop
One thing I will disagree with you on Oweb is that fact that they aren't going to be any good this year. 21 of 22 starters have decided to stay and in total I think it's in the upwards of 65+ of the roster is staying. Redd being the obvious starter who is up in the air. So the talent is still here to have a good season. Noway they go 4-7. With Redd they could easily get 9 wins. If he returns and puts up 1200 yards like he did last year(and that was with a nonexistent passing game, which should be improved this year) he's going late 1st round high 2nd.
I'm with Snoop though and have stated it. I don't begrudge him from transffering, but why not go to a national contender where you can be the #1. I know Bama has Lacy, but if Redd went to Bama and that Oline, he wins the Heisman.
:+1:Quote:
Originally Posted by psuexv
All of it.
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New coaches, possibly new system, school (football) scandal I doubt they will be that good, they were only what 9-4? last year at best I am giving them a .500 season.Quote:
Originally Posted by psuexv
I will also say I haven't looked at their schedule I just haven't seen too many teams come out and have great years after something like this, so in other words I am basing this not off of much just a gut feeling.
:nod:.... Couldnt have said it better, nice man...Quote:
Originally Posted by SmoothPancakes
mcneil may be listed as the starter, but redd will get his share of carries.....at least 100 barring injury. he'll have 4 returning starters on the o-line to run behind and he wont get the box stacked against him with woods and lee on the field. he should get at least a 5 yard/carry average. football wise, he's better off at USC than at penn state, as he wont have the pressure on him of being the offense.Quote:
Originally Posted by psusnoop
i dont know he chose USC. maybe he just wanted to get away from it all and play for a team with a great chance at a national championship. maybe he's still close with one of the backup qbs, max wittek. maybe it was USC who offered the best combo of football, academics and opportunity for the future (outside of football). idk. he definitely formed a bond with the USC players though, as they all had the same thoughts as what Redd had this past week.
I doubt the passing game will be improved much at allQuote:
Originally Posted by psuexv
I haven't seen the numbers presented by Death to the BCS (it's sitting right next to me but I haven't cracked it open yet), but I know Ohio State claimed to lose money on our BCS bowl trip a couple years ago, but after all was said and done that was debunked as "the truth, but not the whole truth". There were some key financial items that weren't being considered for the claim.Quote:
Originally Posted by souljahbill
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Originally Posted by ram29jackson
No shot at anyone personally, but anytime that Bolden isn't throwing a ball things have improved. Honestly Ram, you showcased more talent in completing a pass then Bolden has over the last 2 years and I have yet to see any factual data proving you have arms :dunno:
Oh and I LOVE LOVE how the media is really keying on how things are crumbling here with Redd leaving. And that SS going to NC State on scholarship and Bolden and Haplea.
Redd hurts but it isn't a dismantling of the team. :smh: I can't even think of that DB's name because he was a WALK ON for pete's sake and everyone is making him out to sound like he was the second coming of Darren Perry or something. Bolden, well read the post above this one by me and Haplea gets the here is your sign award. Your leaving an offense that features numerous 3 TE sets and has a track record of getting the TE the ball on every down possible???? :fp: Unless he is pissed that this spring a Freshman jumped him on the depth chart, but hell boy you can't just quit when faced with adversity!!!!
RB is the most easily replaced position. An avg. RB can look like a stud behind a good o-line.
According to ESPN the floodgates may about to be opened:
http://insider.espn.go.com/ncf/featu...20120801#12257Quote:
Silas Redd is now a USC Trojan instead of a Penn State Nittany Lion, and the floodgates appear to be opening.
Defensive tackle Jamil Pollard was the next to go.
"He's going to go to Rutgers," Pollard's high school coach, Clyde Folsom, told Wes Szafran of the News of Cumberland County. "He's leaving Penn State and going to Rutgers."
Tight end Kevin Haplea appears to have made a decision to move past Penn State as well.
"Penn State junior tight end Kevin Haplea intends to transfer to Florida State, said a source close to the situation, in the wake of NCAA sanctions handed down against the Nittany Lions," Corey Dowlar of NoleNation.com reported.
Kicker Anthony Fera wants to transfer to Texas, but admissions may be a problem.
"One source close to the situation told me they believe Fera wants to become a Longhorn, but the matter of admissions and dealing with UT transfer policies is the roadblock right now," Max Olson of HornsNation.com reported.
Quarterback Rob Bolden is set to be a LSU Tiger.
"A source close to the situation confirmed with me tonight that Penn State transfer Rob Bolden will join LSU's football team, probably Wednesday," Gary Laney of GeauxTigerNation.com reported.
And wide receiver Justin Brown is considering Oklahoma.
"They've been in contact," Brown told Carey Murdock & Josh McCuistion of SoonerScoop.com. "Not that much contact. They've backed off."
Oklahoma is hedging its bets with Brown due to the attrition the Sooners suffered this offseason at the wide receiver position.
"Stoops has not ruled out the return of any of his suspended receivers and their 'backed off; approach with Brown could further strengthen the rumors one or more of those receivers could return to the roster this fall," SoonerScoop.com added.
Brown appears more likely to be in State College this fall than Norman. NOTE: Khairi Fortt announced today that he will transfer to Cal.
Not really any new big news. The biggest is Khairi Fortt who announced that he was staying and then went to Cal.
Fera and Haplea were looking at options as soon as the sanctions were announced. The same with Pollard, even though he said he would stay after he looked at Rutgers initially.
Bolden never said he as coming back and everyone thought he would go as he tried to transfer last year and is sitting at #3 on the depth chart, plus Hackenberg is coming in.
Brown is kind of new news. These rumors just started to pop up but he did say he's coming back so we'll see.
Fera graduates in December I think I read, if he goes to Texas that isn't happening. We shall see.Quote:
Originally Posted by psuexv
Thus far nothing really shocking. Brown may go but I doubt it right now, he is going to need more money or new something :D
Fortt really doesn't bother me either E, he was playing behind Carson, Mauti, and Hodges and wasn't going to see significant playing time anyways so him leaving shouldn't be that surprising. I'll give up a 2 deep LB'r, a third string QB, and a 4th string TE given what has happened. Now losing the starting RB hurts, and if Brown (Starting WR), and our punter and kicker in Fera goes then I'm not going to be all that pleased :D
I'm not as optimistic as you in regards to Fortt. He played better than Carson at times last year and think he does hurt our depth. Especially since he had knee surgery and is apparently going to RS this year. With Mauti and Hodges as seniors he would have been nice to have in the cupboard.
Haplea - Yep, #4 on the depth chart and with the #1 TE recruit coming in we should be ok.
Pollard is kind of big but we have a lot depth there.
Fera is huge IMO and obviously so was Redd. Brown would be a big loss as well.
So we agree on everyone but Fortt, not shabby
I would hate to agree with you 100% on anything anytime. We'd have nothing to argue about then :D
ESPN would sit there for an entire day going on about the downfall of Penn State and proclaim them going 0-12 this year if a damn 5th string walk-on Redshirt Freshman Kicker decided to go somewhere else.
:D :D :DQuote:
Originally Posted by SmoothPancakes
Fera is officially gone. Going to Texas. That one hurts since he punted and kicked.
wonder if he was one of the 19 players that georgia tried to contact?Quote:
Originally Posted by psuexv
Possibly. I think he reached out to Texas though. He's from Houston so it makes sense.Quote:
Originally Posted by baseballplyrmvp
I think PSU will be "fine" for the next season and possibly the one after that. However, years 3-4 "should" be brutal as I just don't see them bringing in a ton of depth/talent on the recruiting trail.
Justin Brown, the best WR on the team left for Oklahoma. This one is kinda surprising. He came out and was firm from the beginning and just changed his mind. The only thing I have a problem with is coming out and saying your staying and then leaving. If your unsure, don't say anything. Just like all of the other guys that left, they made it known they were looking and then either stayed or left. Don't be wishywashy.
We also lost another recruit to ND. Another one that came out and said that he met with the coaches and that is why he was staying 100% committed or something like that and then this weekend verballed to ND.
Go Irish!
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So you go from coaches who touch boys to priests who touch boys? :dunno: :DQuote:
Originally Posted by steelerfan
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But I hear they cover up some good things in Notre Dame :dunno:Quote:
Originally Posted by JBHuskers