Need an attorney to weigh in on this
- Thread starter ramblinman_rivals165935
- Start date
As a general legal rule, the only reason that private decisions are overturned is when due process isn't given.
Thanks for the complement. Just talked to a couple other administrative law experts and they confirmed what I thought.
- generally if you are going to overrule any institution (public or private), facts of the case are usually irrelevant. The key point is whether you will give fair treatments within the process that exists or if the process is inherenetly unfair or unreasonable to members. If you have precedent of not following process, that is usually money
- a second more interesting point; there are about 10 firms in firm who specialize in administrative law who no doubt would have taken the case pro bono. The biggest puzzlement in our office that Greenburg Trauig got the case.
Based on this I stick by my initial thought, that the better argument would have been to outline the fundamental lack of process within IHSA procedures (which could cover everything from how officials are trained to past precedent to denying an appeal for this case). not saying it would have won, but it would be similar to adminstrative law appeals that have won.
If you want some light reading tonight, pull up Goldberg vs. Kelly.
Thanks for the complement. Just talked to a couple other administrative law experts and they confirmed what I thought.
- generally if you are going to overrule any institution (public or private), facts of the case are usually irrelevant. The key point is whether you will give fair treatments within the process that exists or if the process is inherenetly unfair or unreasonable to members. If you have precedent of not following process, that is usually money
- a second more interesting point; there are about 10 firms in firm who specialize in administrative law who no doubt would have taken the case pro bono. The biggest puzzlement in our office that Greenburg Trauig got the case.
Based on this I stick by my initial thought, that the better argument would have been to outline the fundamental lack of process within IHSA procedures (which could cover everything from how officials are trained to past precedent to denying an appeal for this case). not saying it would have won, but it would be similar to adminstrative law appeals that have won.
If you want some light reading tonight, pull up Goldberg vs. Kelly.
King,
All good points but I think a selective enforcement defense was a good route as well since case precedent within IHSA had already been set in 2008.
All good points but I think a selective enforcement defense was a good route as well since case precedent within IHSA had already been set in 2008.
Is this the start of the Public/Private War?
Secede? Each school that wanted to secede would need to revoke the voluntary agreement to abide by the IHSA governing body.
All schools in the state (Public and Private) please stand in a line.... Those that wish to Secede.....please take one step forward... (looking around... who is first?)
A more likely Scenario... lot's of schools meeting in dark corners in whispered talk trying to band together and hammer out an organizational outline first and foremost. Kinda sounds like all the conference re-scuffling but on a much larger scale
Are you aware that when you quote someone's post, you don't actually have to address them? Like.. it's clear to EVERYONE who you're talking to
I8Fan:
Like.........thanks dude. I mean, like I need a dude like you to.........uh.....like tell me.......ya know..........like what to do............dude.
Being an uncouth, self-employed tuckpointer working at minimum wage, you are unaware the conduct of business in Western civilization requires a certain level of decorum. Perhaps my civilized life and professional habits carry over to augment my social graces. I am a creature of habit, I suppose.
You, too, are a creature of sorts, which kind I do not yet quite know. My suspicions lead me to presume you have yet to learn how to use a fork at the dinner table. I am also inclined to think you and go dogz are either twin brothers, drinking buddies or both.
A
anon_4vszfu35bv677
Guest
You want an attorney's opinion, here is an excerpt from the Tribune article:
Goldberger, the sports law expert, said a growing "sense of entitlement" from parents and athletes has led to lawsuits across the country dating back to the 1980s that challenged game decisions.
"People need to get a grip and a sense of perspective," he said. "Do you really want the courts and appellate courts to be involved in who decides who wins and loses? Should we have judges on the sidelines? It gets kind of ridiculous after a while."
Indeed...
Goldberger, the sports law expert, said a growing "sense of entitlement" from parents and athletes has led to lawsuits across the country dating back to the 1980s that challenged game decisions.
"People need to get a grip and a sense of perspective," he said. "Do you really want the courts and appellate courts to be involved in who decides who wins and loses? Should we have judges on the sidelines? It gets kind of ridiculous after a while."
Indeed...
Good thing it isn't! You wanna stop the protests..play the national anthem. Hillarys America would sit down
MWitt
Why all the personal attacts? Do you actually know these guys? Your making a lot of serious accusations about their character and personal life.
Do you have any proof that they drink or do drugs or any other crap your accusing them of? Maybe Fenwick can file a lawsuit suit on there behalf.
King MJ feel free to give your professional tax lawyer advice. Lol
corey:
Go back and glace at the threads. At no time did I engage them prior and I was subject to their unwarranted criticism. I have no interest in dueling with them; however, they took it upon themselves to mock me, telling me to "get over myself" and mocking my style of responding, all unrelated to the matter at hand.
I'm surprised to see this from you when I consider you capable of reading and interpreting both the words and tone of those who posted at me. Reasonable members are able to see this.
As far as seeking the counsel of King MJ, while he is likely a superior attorney in his field, I, too, keep the company of several accomplished attorneys, many of whom can offer a vigorous defense of my words in response to theirs.
If members remained fixated on the stated purpose of the thread, you and I wouldn't be replying to one another now.
I'll thank you in advance for going back and reading what those two wrote at me and then taking the time to chastise them.
Enjoy Thanksgiving.
LWEastDad
That might just be the best post on this thread.
At least this Law expert has it right. Move on it's done. Good luck PN hope you guys whip the Flyers! Haters going to hate don't listen to them and use this to motivate you. You guys did nothing wrong.
MWitt
I guess I was a bit surprised at the threads. Really not like you. I guess they got under your skin. Anyway I hope clearer heads prevail. I do feel bad for Fenwick but it's not worth a lawsuit. LWEastDad post said it all.
*Have a Happy Thanksgiving with your family.
corey:
They didn't get under my skin at all. I just resolved a decade ago to treat interlopers with the same disdain. Had those two not directed unprovoked and unneeded attacks at me, I would have never responded.
Got it. Seems to be more than a few of these types on this site. I am really impressed with the spell checkers we have here.