(05-22-2012 02:57 PM)Glassonion Wrote: (05-22-2012 01:38 PM)arkstfan Wrote: Those restrictions aren't illegal because the courts have found them reasonable.
Basic anti-trust law. Reasonable barriers to competition are legitimate.
Scholarship limits force some talented players to opt to participate at a school without a scholarship or sign with a school that has scholarship space. The spreads talent about making the playing field somewhat more level by preventing top programs from stockpiling a hundred or more players on scholarship in football. FCS doesn't require that you award ANY scholarships, it just says you can't offer more than 63 to gain a competitive advantage and upset the competitive balance.
The NCAA revenue distribution system is six-tiered. One pool is based on performance in the NCAA Tournament, one is based on the number of scholarships awarded by each school, one is based on the number of sports sponsored, two more are distributed equally to the conferences, and one is used to meet specific financial needs of players in financial distress.
I don't see how the NCAA "unfairly" "locks" a school into their spot in the distribution system. You can increase your share in one pool by adding sports and in another by awarding more scholarships. In yet another you can increase your share by playing better basketball and winning tournament games.
Read what you just wrote.
You say scholarship limits are necessary, and yes they are, but every institution should be allowed to offer the same if they so choose. This is a classic case of separate, and not equal.
You say we may increase scholarships for growth, just not in football?
App already offers 18 Division 1 varsity sports, we can go to 30, and not be competative in any, but we cant go up to 85 in football and compete with the 130+ other institutions that we are most similar too? That is not reasonable.
So your basis of "reasonable restriction" is that we can win FCS Championships, where we would actually lose money in the process, but we cannot have a chance of a bowl game where we may actually make money? That is not reasonable.
The current NCAA stance allows money grubbing conferences to dictate who is equal, and not based on school performance either. Our laws are made to uphold a Free Market, and in this case, banning a university from reaching its goals regardless of success and justice is inherently un-American.
It has been going that way for a while, and has finally crossed a line. The past two years of realignment have shown that the NCAA is incapable of fairly managing its members, and at this point, no court is going to uphold that, especially with the recent Ga St, UNCC type examples. A free market would allow a conference based on performance, not media, and would let the people decide by choosing which they'd rather watch.
You are going to fail your bar exam. Seperate but equal is a phrase that comes from an entirely different area of the law, equal protection and application of the post Civil War constitutional amendments as well as their extension of the bill of rights to state law. That is all about state actors. The NCAA is not a state actor. The US Supreme Court has specifically rejected arguments that those principles extend to the NCAA by virtue of the bulk of the members being state actors.
From a non-legal standpoint, you are free to go to 85 scholarships, you just have to join the NAIA to do it. NAIA members can set their own limit in football unless they changed it as part of their reform a bit back.
Anti-trust law on this point is well established. App does not have a right or even a property interest in being able to reclassify FBS. The NCAA limits are reasonable. If a school is going to hold itself out as FBS it is reasonable to expect that the school will play a minimum number of home games and that the school will play more FBS opponents than opponents from another classification.
One would contend that it is unreasonable to require a bona fide invitation from an existing conference but it wouldn't take long to do the math and show the difficulty of a new member securing games as a newly established independent.
Until the bona fide invite rule was adopted, the NCAA rule it replaced required that a school show that it had sufficient contracts in place to meet the schedule requirement for their first four years in the NCAA before their reclassification became final. In more than one instance thanks to the turmoil that has taken over schools were having to submit updates as games were cancelled and replaced. Instead of having to secure a minimum of 32 games contracted (at least 8 for each of the four seasons with half of those each season at home), the invite rule was adopted to make the process simpler.
So you attack the bona fide invitation rule and prevail? So what? The NCAA still has a valid protectable interest in insuring that anyone in FBS plays 8 of their 12 games against other FBS members, that program doesn't become the college equivalent of the Washington Generals playing an all road schedule and plays a minimum number of home games against FBS competition.
Look at the last four schools to drop FBS football and the year dropped.
Pacific 1995. Final season four home games all FBS, prior season five home games only three FBS.
Fullerton 1992. Final season 4 home games only 2 FBS, prior year 4 home games 3 FBS
Long Beach 1991. Final season 3 home games all FBS prior year 6 home games 2 non-FBS
Wichita State 1986 Final season 5 home and only one home game was against an FBS school. Prior season, only three of their five home games were against FBS schools.
The record demonstrates that FBS programs that don't play close to half their games at home and against FBS competition are unable compete and remain financially viable.
The NCAA has a vested interest in the 8 FBS opponent, 4 FBS out of 5 home games rules to protect the game and insure the membership isn't impacted by having to replace opponents because they have dropped football.
Get the bona fide invite rule out of your way and you still have to meet the schedule requirements and the odds of doing that as an independent not named Army, Navy, Notre Dame or BYU (who all have guarantees of their home games being telecast on at least a semi-national basis), are exceedingly slim.