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	<title>Comments on: Closing the Cam Newton Loophole</title>
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		<title>By: NCAAontheTake</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-41</link>
		<dc:creator>NCAAontheTake</dc:creator>
		<pubDate>Wed, 19 Jan 2011 08:32:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-41</guid>
		<description><![CDATA[So to further elaborate for our insightful and deep thinking friend, John, the NCAA findings against USC concluded that an agency relationship existed between Reggie&#039;s parents and the would be sports agents in December 2004 based on some preliminary discussions.  No signed contract.  No verbal agreement that the would be agents would represent Reggie.  In fact, the entity wasn&#039;t even formed yet!!  And no proof that Reggie knew of this relationship.  And, most importantly, no consideration had yet changed hands. 

This finding of an agency in December 2004 is important because it enables the NCAA to declare Reggie Bush inelgible for the BCS championship game in January 2005, so that USC can be stripped of the championship.  However, under the &quot;Cam Newton Doctrine&quot; we&#039;ve just learned of, there&#039;s no agency until an actual express agreement is in place (see your narrow interpretation of the Bylaws discussed above).  But even more, since the NCAA failed to prove Reggie&#039;s knowledge of any &quot;agency relationship&quot; until well after the conclusion of the 2004 season, then, John, how does this ruling square with the Cam Newton ruling?

Let me be clear.  Your antics from another post of struggling with the concept of consistency...&quot;moral consistency,&quot; &quot;fact differences,&quot; &quot;consistency in rules,&quot; etc., etc. is just that.  Antics.  Believe me.  Courts are able to wrestle - with seemingly little difficulty - with this concept of consistency that seems to have you flummoxed.   And you can try and cast some smoke and mirrors, but I can assure you that there are many people, more influential than you and with a better pedigree (no sub top 25 law school, if you know what I mean :) ), that are more than capable of wrestling with these inconsistent rulings.  You, see, there are some making the argument that the NCAA is being used in an anticompetitve manner as an artifice to tilt the game in favor of select schools - namely, the SEC and your darling Big 10.  

So, while you post dribblings on how hard it is to define &quot;consistency&quot; with less intellectual vigor than a first year law school class, there are real minds, looking to take down the NCAA.  And when called to answer, delving into some tirade about what is the meaning of consistency just ain&#039;t going to cut it.  

I haven&#039;t even approached the issue of due process, which I think most are aware of a pretty solid case of it being denied in the USC situation, and is an even easier target for a court to rule on.  But I&#039;ll tell you what, I&#039;m betting that others - even in the NCAA - will be able to rise above struggling with the &quot;what is consistent&quot; issue that has you all in knots.  I&#039;m willing to wager that Todd McNair takes home millions from the NCAA either by virtue of a court ruling or an &quot;undisclosed stettlement.&quot;  I&#039;m guessing the latter, which is why I said people within the NCAA will be able to see the light of their inconsistent application of rulings (not to mention, severity of penalties).  

So, you care to take the bet, big John?]]></description>
		<content:encoded><![CDATA[<p>So to further elaborate for our insightful and deep thinking friend, John, the NCAA findings against USC concluded that an agency relationship existed between Reggie&#8217;s parents and the would be sports agents in December 2004 based on some preliminary discussions.  No signed contract.  No verbal agreement that the would be agents would represent Reggie.  In fact, the entity wasn&#8217;t even formed yet!!  And no proof that Reggie knew of this relationship.  And, most importantly, no consideration had yet changed hands. </p>
<p>This finding of an agency in December 2004 is important because it enables the NCAA to declare Reggie Bush inelgible for the BCS championship game in January 2005, so that USC can be stripped of the championship.  However, under the &#8220;Cam Newton Doctrine&#8221; we&#8217;ve just learned of, there&#8217;s no agency until an actual express agreement is in place (see your narrow interpretation of the Bylaws discussed above).  But even more, since the NCAA failed to prove Reggie&#8217;s knowledge of any &#8220;agency relationship&#8221; until well after the conclusion of the 2004 season, then, John, how does this ruling square with the Cam Newton ruling?</p>
<p>Let me be clear.  Your antics from another post of struggling with the concept of consistency&#8230;&#8221;moral consistency,&#8221; &#8220;fact differences,&#8221; &#8220;consistency in rules,&#8221; etc., etc. is just that.  Antics.  Believe me.  Courts are able to wrestle &#8211; with seemingly little difficulty &#8211; with this concept of consistency that seems to have you flummoxed.   And you can try and cast some smoke and mirrors, but I can assure you that there are many people, more influential than you and with a better pedigree (no sub top 25 law school, if you know what I mean <img src='http://www.ncaa.org/blog/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  ), that are more than capable of wrestling with these inconsistent rulings.  You, see, there are some making the argument that the NCAA is being used in an anticompetitve manner as an artifice to tilt the game in favor of select schools &#8211; namely, the SEC and your darling Big 10.  </p>
<p>So, while you post dribblings on how hard it is to define &#8220;consistency&#8221; with less intellectual vigor than a first year law school class, there are real minds, looking to take down the NCAA.  And when called to answer, delving into some tirade about what is the meaning of consistency just ain&#8217;t going to cut it.  </p>
<p>I haven&#8217;t even approached the issue of due process, which I think most are aware of a pretty solid case of it being denied in the USC situation, and is an even easier target for a court to rule on.  But I&#8217;ll tell you what, I&#8217;m betting that others &#8211; even in the NCAA &#8211; will be able to rise above struggling with the &#8220;what is consistent&#8221; issue that has you all in knots.  I&#8217;m willing to wager that Todd McNair takes home millions from the NCAA either by virtue of a court ruling or an &#8220;undisclosed stettlement.&#8221;  I&#8217;m guessing the latter, which is why I said people within the NCAA will be able to see the light of their inconsistent application of rulings (not to mention, severity of penalties).  </p>
<p>So, you care to take the bet, big John?</p>
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		<title>By: NCAAontheTake</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-40</link>
		<dc:creator>NCAAontheTake</dc:creator>
		<pubDate>Tue, 18 Jan 2011 18:48:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-40</guid>
		<description><![CDATA[I&#039;ve got to be honest, I think this is one of the worst articles I&#039;ve ever read analyzing a legal rule...and this is coming from a lawyer, so I have the experience.  

John acts as though the current bylaw was too narrow in that it did not have the proper language to cover the Cam Newton situation because it was missing, at a minimum, the phrase &quot;or his or her parent(s), guardian(s), or immediate family.&quot;  

So, John, let&#039;s get this straight, what you&#039;re saying is that the current bylaw construct was too narrow to pickup Cam&#039;s parents, correct?  The current bylaw, which prohibits &quot;any INDIVIDUAL,&quot;  I suppose doesn&#039;t count because there&#039;s no legal &quot;agency&quot; relationship between Cam and his dad?  Is this really your position?  This narrow application of the finding of an agency relationship, where a parent is found to be soliciting cash on behalf of his son, is wholly inconsistent with the USC and Reggie Bush findings.  Please reconcile.]]></description>
		<content:encoded><![CDATA[<p>I&#8217;ve got to be honest, I think this is one of the worst articles I&#8217;ve ever read analyzing a legal rule&#8230;and this is coming from a lawyer, so I have the experience.  </p>
<p>John acts as though the current bylaw was too narrow in that it did not have the proper language to cover the Cam Newton situation because it was missing, at a minimum, the phrase &#8220;or his or her parent(s), guardian(s), or immediate family.&#8221;  </p>
<p>So, John, let&#8217;s get this straight, what you&#8217;re saying is that the current bylaw construct was too narrow to pickup Cam&#8217;s parents, correct?  The current bylaw, which prohibits &#8220;any INDIVIDUAL,&#8221;  I suppose doesn&#8217;t count because there&#8217;s no legal &#8220;agency&#8221; relationship between Cam and his dad?  Is this really your position?  This narrow application of the finding of an agency relationship, where a parent is found to be soliciting cash on behalf of his son, is wholly inconsistent with the USC and Reggie Bush findings.  Please reconcile.</p>
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		<title>By: dakotakid</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-39</link>
		<dc:creator>dakotakid</dc:creator>
		<pubDate>Fri, 31 Dec 2010 05:38:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-39</guid>
		<description><![CDATA[So in the future we just have parents sign agents to represent them as they represent the sons or daughters and thats ok with the NCAA.]]></description>
		<content:encoded><![CDATA[<p>So in the future we just have parents sign agents to represent them as they represent the sons or daughters and thats ok with the NCAA.</p>
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		<title>By: dakotakid</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-38</link>
		<dc:creator>dakotakid</dc:creator>
		<pubDate>Fri, 31 Dec 2010 05:31:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-38</guid>
		<description><![CDATA[Will Newton and Auburn give up their title  and a couple of years like USC and Rggie Bush.  Does the NCAA ever learn.  NCAA plays favorites and that is why I am boycotting the so called national championship this year. SHOW THE NCAA THE MONEY!!!!!!!!!!!!!!!]]></description>
		<content:encoded><![CDATA[<p>Will Newton and Auburn give up their title  and a couple of years like USC and Rggie Bush.  Does the NCAA ever learn.  NCAA plays favorites and that is why I am boycotting the so called national championship this year. SHOW THE NCAA THE MONEY!!!!!!!!!!!!!!!</p>
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		<title>By: Mick Foxx</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-37</link>
		<dc:creator>Mick Foxx</dc:creator>
		<pubDate>Sat, 18 Dec 2010 22:14:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-37</guid>
		<description><![CDATA[What process is there ? I don&#039;t remember any case the ncaa has against any school governed the same way on the same issues. It picks and chooses who to punish and who not to regardless of bylaws. The Newton thing is a feel good story by the ncaa because of how the school he plays for was treated in 04&#039; going undefeated and getting left out. SOMEBODY needs to govern the ncaa and do it soon.]]></description>
		<content:encoded><![CDATA[<p>What process is there ? I don&#8217;t remember any case the ncaa has against any school governed the same way on the same issues. It picks and chooses who to punish and who not to regardless of bylaws. The Newton thing is a feel good story by the ncaa because of how the school he plays for was treated in 04&#8242; going undefeated and getting left out. SOMEBODY needs to govern the ncaa and do it soon.</p>
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		<title>By: LaughingLester</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-36</link>
		<dc:creator>LaughingLester</dc:creator>
		<pubDate>Sat, 18 Dec 2010 21:21:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-36</guid>
		<description><![CDATA[How and why was it orchestrated for Cam Newton to be ruled ineligible after the season for a few hours between practices?  If he was ineligible due to an incident that occurred prior to the season, when was it determined that he would not be ruled ineligible until after the season ended?  Is the option of momentary ineligibility available to all the other member institutions?  If I were in the compliance department of a University, I too would like to schedule a player&#039;s momentary ineligibility after I knew he would be ruled eligible so as to not miss a game or any practice time.  I have to assume this &quot;cooperation&quot;  is available to our member institutions now.  Does this help you now understand why I and the rest of the nation is laughing at the NCAA?]]></description>
		<content:encoded><![CDATA[<p>How and why was it orchestrated for Cam Newton to be ruled ineligible after the season for a few hours between practices?  If he was ineligible due to an incident that occurred prior to the season, when was it determined that he would not be ruled ineligible until after the season ended?  Is the option of momentary ineligibility available to all the other member institutions?  If I were in the compliance department of a University, I too would like to schedule a player&#8217;s momentary ineligibility after I knew he would be ruled eligible so as to not miss a game or any practice time.  I have to assume this &#8220;cooperation&#8221;  is available to our member institutions now.  Does this help you now understand why I and the rest of the nation is laughing at the NCAA?</p>
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		<title>By: fukattailland</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-35</link>
		<dc:creator>fukattailland</dc:creator>
		<pubDate>Sat, 18 Dec 2010 20:58:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-35</guid>
		<description><![CDATA[This smells of the NCAA expert law partners, like Marsh, who work for the NCAA and then sell their services and connections as insiders to crooked programs like AU. Corruption of the NCAA.]]></description>
		<content:encoded><![CDATA[<p>This smells of the NCAA expert law partners, like Marsh, who work for the NCAA and then sell their services and connections as insiders to crooked programs like AU. Corruption of the NCAA.</p>
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		<title>By: fukattailland</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-34</link>
		<dc:creator>fukattailland</dc:creator>
		<pubDate>Sat, 18 Dec 2010 20:50:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-34</guid>
		<description><![CDATA[&lt;b&gt;Auburn gets away with something that in the past has destroyed whole programs for years. the NCAA should be disbanded and a new organization constituted in its place. You guys are too off to fix.]]></description>
		<content:encoded><![CDATA[<p><b>Auburn gets away with something that in the past has destroyed whole programs for years. the NCAA should be disbanded and a new organization constituted in its place. You guys are too off to fix.</b></p>
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		<title>By: Bullneck10</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-33</link>
		<dc:creator>Bullneck10</dc:creator>
		<pubDate>Thu, 16 Dec 2010 20:12:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-33</guid>
		<description><![CDATA[You have the wrong scenario,  as nothing have been proven that Auburn offered Cam or Cecil Newton anything. So he did not go to the highest bidder like you are suggesting. 

It only revealed that Cecil Newton made the offer to Mississippi State, but nothing is proven that Auburn was involved at all. 

I think you are jumping to some conclusions that have not been proved nor have any accusations been thrown against Auburn.  

If you want to form your own opinion about this thing without any proof then that is certainly your right, but it still doesn&#039;t make it right. 

I have my own suspects like everyone else, but if Cam Newton is not guilty then I think we will all have done a great injustice to Cam Newton and Auburn. Time will tell of his guilt or innocence, but it is not up to us to make that determination until such time as we know the full truth. 

Most of the Ant-SEC or Anti Auburn fans are coming against Newton wanting him to fail and most are all but ready to sentence him.  

Many of this Anti Cam Newton talk is motivated by their hate or jealousy of the SEC and they hope the SEC will fall.   But, I hope you are not one of those guys.]]></description>
		<content:encoded><![CDATA[<p>You have the wrong scenario,  as nothing have been proven that Auburn offered Cam or Cecil Newton anything. So he did not go to the highest bidder like you are suggesting. </p>
<p>It only revealed that Cecil Newton made the offer to Mississippi State, but nothing is proven that Auburn was involved at all. </p>
<p>I think you are jumping to some conclusions that have not been proved nor have any accusations been thrown against Auburn.  </p>
<p>If you want to form your own opinion about this thing without any proof then that is certainly your right, but it still doesn&#8217;t make it right. </p>
<p>I have my own suspects like everyone else, but if Cam Newton is not guilty then I think we will all have done a great injustice to Cam Newton and Auburn. Time will tell of his guilt or innocence, but it is not up to us to make that determination until such time as we know the full truth. </p>
<p>Most of the Ant-SEC or Anti Auburn fans are coming against Newton wanting him to fail and most are all but ready to sentence him.  </p>
<p>Many of this Anti Cam Newton talk is motivated by their hate or jealousy of the SEC and they hope the SEC will fall.   But, I hope you are not one of those guys.</p>
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		<title>By: BBFan</title>
		<link>http://www.ncaa.org/blog/2010/12/closing-the-cam-newton-loophole/#comment-32</link>
		<dc:creator>BBFan</dc:creator>
		<pubDate>Wed, 15 Dec 2010 03:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=447#comment-32</guid>
		<description><![CDATA[I don&#039;t understand your proposed &quot;Slight Legislative Change.&quot;  Let me explain.  Rogers, the professional agent, did not represent the student athlete (Cam Newton), but instead represented Cam Newton&#039;s father (&quot;Dad&quot;).  Your proposed change seems to verify that is the correct interpretation of 12.3.3 as currently written.  

However, the NCAA said in its press release that 12.3.3, and presumably 12.3.1 was violated.  After reading the original press release, I assumed that the NCAA must be interpreting the word &quot;student athlete&quot; to include Dad, or must be interpreting the term &quot;individual&quot; to include Dad (such that Dad was an agent along with Rogers).  Absent one of those 2 interpretations, I don&#039;t see how Newton violated anything in the first place.  In other words, I can&#039;t see how C Newton had an agent (and thus violated the rule) unless Dad was the agent or unless Dad&#039;s agent is attributed to C Newton under an expansive reading of &quot;student athlete.&quot;

On a side note, and absent an agent&#039;s involvement, I don&#039;t see anything that prevents &quot;attempts&quot; to be compensated.  12.1 and 12.3 all prevent the receipt of compensation, but nothing seems to prevent asking for compensation.  What am I missing here, and what rule did C Newton violate to be declared ineligible in the first place?]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t understand your proposed &#8220;Slight Legislative Change.&#8221;  Let me explain.  Rogers, the professional agent, did not represent the student athlete (Cam Newton), but instead represented Cam Newton&#8217;s father (&#8220;Dad&#8221;).  Your proposed change seems to verify that is the correct interpretation of 12.3.3 as currently written.  </p>
<p>However, the NCAA said in its press release that 12.3.3, and presumably 12.3.1 was violated.  After reading the original press release, I assumed that the NCAA must be interpreting the word &#8220;student athlete&#8221; to include Dad, or must be interpreting the term &#8220;individual&#8221; to include Dad (such that Dad was an agent along with Rogers).  Absent one of those 2 interpretations, I don&#8217;t see how Newton violated anything in the first place.  In other words, I can&#8217;t see how C Newton had an agent (and thus violated the rule) unless Dad was the agent or unless Dad&#8217;s agent is attributed to C Newton under an expansive reading of &#8220;student athlete.&#8221;</p>
<p>On a side note, and absent an agent&#8217;s involvement, I don&#8217;t see anything that prevents &#8220;attempts&#8221; to be compensated.  12.1 and 12.3 all prevent the receipt of compensation, but nothing seems to prevent asking for compensation.  What am I missing here, and what rule did C Newton violate to be declared ineligible in the first place?</p>
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