Dennis Dodd: NCAA accusses UM of deflecting allegations...

[Lifelongcane]

Common Law Fraud (narrowed down the the 5 elements they learn you in law school):
1. Misrepresentation (or ommission) of a material fact
2. made by a person with scienter (knowledge) of its falsity
3. made with the intent to deceive the victim
4. The victim justifiably relied on the falsity
5. Damages

I know you said their usual defense won't fly...how hard is this to prove ultimately? Just from my lowly 1L perspective, it seems like the facts in the Miami case would make for a slam dunk when applying them to the CL standard

IMHO, damages / detrimental reliance will be the hardest to prove. Sounds like there are plenty of instances of the NCAA deceiving Miami, not following its rules (while we were led to believe the rules were being followed), ommitting facts, and so on to get the rest to a trier of fact.

I like this approach, but while I think there is a strong case that the NCAA perpetrated a fraud against the Federal Bankruptcy Court what I find less clear is whether there was actual "reliance" by the University on the NCAA's mis-representations. On the contrary, I think we are taking every opportunity to refute their misrepresentations. Instead, I think the fundamental issue raised by this and other recent cases is the NCAA's blatant failure to provide any kind of fair, due-process to the schools or for that matter the coaches they are targeting and therefore causing (in some cases severe) economic damage to them.

I sincerely hope that Shalala is prepared to go to the mattresses with the legal fight, because beyond the near-term PR problems we are causing for them, the NCAA has the luxury of time on their side; we do not. They can simply wait us out while our recruiting and program whither on the vine.

In an ideal world, I would like to see us dig in and challenge the NCAA on state actor grounds. Prior to the Tarkanian decision, there was precedent for it in federal cases, with the principal argument being that the NCAA was a state actor, because the membership was composed primarily of public educational institutions that had delegated part of their disciplinary power to a private organization. Bizarrely, the Rehnquist Court in its 1988 Tarkanian decision reversed this, which has emboldened the NCAA's enforcement staff to act even more egregiously against its membership--often against the weaker, private schools. But more recent cases like Brentwood Academy vs. Tennessee Schools Athletics ***'n. have shown the Supremes willing to entertain the idea that because of their coercive power and intertwined interests with the State, collegiate athletic associations should be regarded as state actors. And if we are able to successfully plead this even in a lower court, the NCAA would **** a brick and hopefully try to settle. I think these are the lengths UM needs to be prepared to go to if we truly want to "skate".

SKATE SKATE SKATE.....WHAT ARE U TALKING ABOUT WE DID 2 BOWLS,THEY HAVE NOTHING BIG ON US AND U TALKING ABOUT>>>SKATE

Jeeezz- Is English your first language?????