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July 23, 2012


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Your argument about retribution being a public function reiterates the fact that NCAA v. Tarkanian should be overruled. Here is a multi-state quasi-public consortium consisting largely of public universities and funded by taxpayers. It is a classic "state actor" for 1983 and state-level admin law purposes. Given the size of the award I wouldn't be surprised if PSU sued. The deviation from standard NCAA procedure is likely a contract breach, and a possible arbitrary and capricious decision for state admin law purposes or even for the purposes of those jurisdictions which hold private associations in the educational context to that standard.


"Given the size of the award I wouldn't be surprised if PSU sued."

Not going to happen. PSU agreed to it.

In Happy Valley, football was/is Religion, fueled by vast quantities of money. That's how a predator was able to rape children with impunity. To turn your sentence around, "I wouldn't be surprised if PSU were sued."

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