[Rosiak's Blog] Blue's attorney wants case to go to trial

[Lethdorr]

Not sure on the pro bono situation that others have suggested either.

Ok, Legal Warrior-Eagles (and those in-training), time for some Constitutional Law 101!

The NCAA's chief concern is student-athletes receiving additional  "compensation" other than scholarships. More specifically, they're concerned with tangible benefits i.e., a car, first class travel for family, product endorsements, etc.

To compare a car to the simple result of a private citizen (who also happens to be a [damn good] lawyer) performing his expected civic duty (pro-bono work) - while simultaneously protecting a person's Sixth Amendment right-to-counsel - can be considered neither "tangible" nor a "benefit".

Regardless of whatever sort-of draconian rules or regulations the NCAA may have, not a single one goes so-far as to deny student-athletes their rights guaranteed by our Constitution.

In a nutshell?

The University paying for an attorney for a student-athlete = Benefit
An attorney decided on-their-own to represent a student-athlete and do it for free = Non-benefit

Neither a conflict-of-interest nor a violation of NCAA Regulations is present - and thus, there's no reason to fear any sort-of future sanctions coming-down from the NCAA.

[Pakuni]

In a nutshell?

The University paying for an attorney for a student-athlete = Benefit
An attorney decided on-their-own to represent a student-athlete and do it for free = Non-benefit

Neither a conflict-of-interest nor a violation of NCAA Regulations is present - and thus, there's no reason to any sort-of future sanctions coming-down from the NCAA.

Unless said private citizen happens to qualify as a booster, in which case pro-bono, or event discounted, legal work would qualify as an impermissible benefit.

And yes, professional services (valued at thousands of dollars, no less) are considered a benefit just as much as a car or $100 handshake.

[jt92]

Okay how about Vander was pleading for more court time? 

[MerrittsMustache]

We all know Vander can't hit anything on the court so Boyle probably figured that a jury would never believe that he could hit anything off the court.

Congratulations! You are the 1 millionth person to make this joke!

[cheebs09]

I think we have to give our Athletic Department a little credit here. Our AD is a lawyer. I'm sure they've done their due diligence to make sure that this isn't a violation. It's not like it took some major leak to reveal Boyle was defending Vander or those in the other cases going on.

[Lethdorr]

And on a lighter note...

Since today seems to be "Honorary Gerry Boyle Day" on MU Scoop...

According to today's Warrior-Sentinel article, Rodd Tosiak writes:

"In the case of Gerry Boyle (and The People) v. Jim Rome, today Mr. Rome was found guilty of the newly created crime of "leading a criminally negligent existence".

Newly elected Supreme Judge-Jury-and-Executioner Lord Gerry Boyle hailed Rome's sentence as the hallmark of his newly elected lifetime position. Boyle's campaign was run on a single pledge: "to drop a massive Truth-Bomb on Jim Rome."

Lord Boyle then turned to Rome and stated, "Defendant Rome is hereby sentenced to receive multiple simultaneous concussions until such-a-point whereas Mr. Rome "Truly" believes the things he says."

After banging his gavel in a manner that that can only be described as resembling a game of Whack-A-Mole, Boyle then proceeded to run wild through the halls of the courthouse, leaving only a trail of $100 bills in his wake."

[NCAARules]

I think we have to give our Athletic Department a little credit here. Our AD is a lawyer. I'm sure they've done their due diligence to make sure that this isn't a violation. It's not like it took some major leak to reveal Boyle was defending Vander or those in the other cases going on.

Absolutely agree, and there will be plenty of precedent that the institution can look at and rely on. Unfortunately, access to those precedents is no longer public (the NCAA made them password-protected about a year ago).

I wholeheartedly trust that the administration has done this the right way. Just not sure which right way they ended up proceeding by.

[Lethdorr]

Unfortunately, access to those precedents is no longer public (the NCAA made them password-protected about a year ago).

Interesting....

When they did this, where did they decide to make the "cut-off", so-to-speak? In other words, what "level" is this access restricted to, then? Each University's In-House Counsel? University Athletic Department-level? Each Conference's Administration-level?

With their "sterling reputation" for transparency, it wouldn't surprise me the NCAA Management Council made everything strictly Cabinet/Committee-Level "Eyes-Only" now...  

If you happen to still have the link what used to be the main public page for the database, try plugging the URL into the "Wayback Machine" at http://www.archive.org/.

It's like a time-capsule - they take snapshots of what a HUGE amount of the web. For example, you can see what cnn.com or marquette.edu looked like at a certain point in-time in 2005 or 2006 (through the present), for example.

[Lethdorr]

Okay how about Vander was pleading for more court time? 

This was just a Preliminary Hearing - they probably spent no more than 30 seconds in front of the judge (and probably well-more than 30 minutes after their scheduled time just waiting for their case to be called...). It's literally a matter of, "How do you plead? Not guilty? Ok...case is continued until May 23rd at 9am in Room 123. Post your deposit with the Cashier on your way out."

Regarding a Request for a Continuance (more time), it really isn't necessary since they get an unofficial continuance anyways since the next available time on the court calendar is at more than likely some time in May...

[Lethdorr]

I think we have to give our Athletic Department a little credit here. Our AD is a lawyer. I'm sure they've done their due diligence to make sure that this isn't a violation. It's not like it took some major leak to reveal Boyle was defending Vander or those in the other cases going on.

+1

Cottingham is as sharp-as-they-come. He has a reputation for being a stickler for detail - a trait that's no-doubt served him well.

And as far as the "leak"? Perhaps the other involved party? Or maybe not. It wasn't exactly a campus secret...

[NCAARules]

Interesting....

When they did this, where did they decide to make the "cut-off", so-to-speak? In other words, what "level" is this access restricted to, then? Each University's In-House Counsel? University Athletic Department-level? Each Conference's Administration-level?

As I understand it (from when they rolled out the username protocol), if you are working for a university and listed in the school's directory of contacts for the ncaa, you can get access easily (includes all coaches and staff members). In fact, much of the NCAA public website has changed and been hidden behind the password protection. There maybe a way for joe public to get access, even via a password, but I haven't explored that yet.

[Lethdorr]

In fact, much of the NCAA public website has changed and been hidden behind the password protection.

Something tells me all this went down after NCAA President Myles Brand passed away from cancer in 2009? The  atmosphere surrounding the NCAA leadership that came with the start of Mark Emmert's tenure as President is in marked contrast to that of Brand.

While Brand was certainly controversial (a certain crusade against Indian mascots seems to come to mind), I can't recall the term "lack of transparency" being used while Brand was at the helm. For better or worse, you knew what the guy was thinking.

Edit: I think the first line of this article sums it up best (http://sports.espn.go.com/ncaa/news/story?id=6117101)

"NCAA president Mark Emmert says transparency is critical to the future of the NCAA, though he doesn't yet know the best way to accomplish that goal."

I've gotta at least give the guy credit for admitting it...

"In answer to your question, yes, we lack transparency.....Wait, you're asking me what do I actually plan to do to CHANGE that? <crickets> Great question...I'll get back to you on that."

[NCAARules]

I will say this - yes I think the timing is correct in the way you are describing (winter of 09-10 IIRC).

I was working in athletics at the time, and it was actually a nice step that they took. It allowed more streamlined information to be available to you as soon as you accessed the NCAA website, by taking into account your preferences for news feeds, etc. Saved a lot of searching/drilling around to find the specific information you were looking for.

However, now that I am on the other side of the looking glass, it is infuriating to not be able to access the same information.

I don't agree with your characterizations, but have to admit the timing syncs about right.

[ChicosBailBonds]

Didn't realize Rome is a midget

None of us knew you were gay until earlier this year...we all learn something.  Based on some of the hot women you deem as uninspiring, I can only surmise that is your deal...not that there is anything wrong with that.   

[GGGG]

And yes, professional services (valued at thousands of dollars, no less) are considered a benefit just as much as a car or $100 handshake.

But my guess is that since lawyers do pro-bono work as a matter of their professional responsibilities, and document such pro-bono work, that he would be able to do so in this case.

[bilsu]

Is Boyle actually doing this pro bono or is this just board specualtion?

[GGGG]

It is speculation, but why would Vander fight a $300 some such fine by hiring an attorney like Boyle who would cost him at least double that?

[bilsu]

It is speculation, but why would Vander fight a $300 some such fine by hiring an attorney like Boyle who would cost him at least double that?

Because everything I read about this gives me the impression that Blue thinks he is above everyone else.

[GGGG]

I know people who know Vander, and that is not how he is at all.  He is a young college student, who struggled with some things in the fall, including Buzz's coaching, but got humbled a little bit and works real hard both on the court and in the classroom.  Please don't make projections based on things you read.

[Skatastrophy]

Because everything I read about this gives me the impression that Blue thinks he is above everyone else.

Everything you've read about this?  So the complainant's statement?

I know people who know Vander, and that is not how he is at all.  He is a young college student, who struggled with some things in the fall, including Buzz's coaching, but got humbled a little bit and works real hard both on the court and in the classroom.  Please don't make projections based on things you read.

He was a nice and humble young man when I ran into him and DJO one night.  We weren't near campus and I didn't explain anything about who I was.  They were both really very nice and generous with their time.

Everybody has a bad day.  Especially with all of the pressure of being a freshman in college, much less the spotlight being on you with regards to bball.

[Golden Avalanche]

Because everything I read about this gives me the impression that Blue thinks he is above everyone else.

I don't see where that comes from.

Vander came across as a level headed person for his age when he was going through the threats and harassment of a powerful lobby of Badgers alumni during his de-commitment. On top of that, it seems that his mother, Rita, is also considered a pretty solid influence in his life.

You can be a good teenager and still do something an adult won't like. We all know college kids haven't learned life's lessons to the point where they can have the maturity to swallow the stupidity they're bound to be presented with from their peers.

[MUMac]

Because everything I read about this gives me the impression that Blue thinks he is above everyone else.

From everything I have read about you, it gives me the impression that you know nothing about what you post.  

Seriously, you actually made that comment?  Wow, talk about conjecture without any basis of facts.  Crap like that comment really have no purpose in being made.  

Some of the comments in these threads really make me wonder why anyone would want to play at MU.

[leever]

From everything I have read about you, it gives me the impression that you know nothing about what you post.  

Seriously, you actually made that comment?  Wow, talk about conjecture without any basis of facts.  Crap like that comment really have no purpose in being made.  

Some of the comments in these threads really make me wonder why anyone would want to play at MU.

Perhaps because they are smart enough to not pay attention to most of this crap.  They should be practicing free throws, not reading this board