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Friday, June 07, 2013
Why the District Court's Ruling in 'Penn State' was Legally Wrong

Over at Forbes, I wrote this morning about why aspects of the U.S. District Court for the Middle District of Pennsylvania's decision in the 'Penn State' case were wrongly decided.  In the article, I explain that the court made dubious presumptions that the NCAA is not a commercial actor (a longstanding mistake of the Third Circuit) and that the NCAA president's actions are not innately concerted.

Here is a link to the full article, discussing both points in far greater detail.


If it's "a longstanding mistake of the Third Circuit," they're correctly following precedent, no?

Blogger Ken Houghton -- 6/07/2013 5:17 PM  

Precedent of the Third Circuit, yes. Precedent of the Supreme Court, no.

Blogger Marc Edelman -- 6/07/2013 11:02 PM  

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