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Ten Questions for the Department of Justice About College Football

I understand the U.S. Department of Justice has some questions for the NCAA. Well, it just so happens that, after discussing the subject with MaconDawg, I have some questions for the U.S. Department of Justice; to wit:

1. College football’s bowl system dates back 110 years, antedating even the establishment of the NCAA. The five oldest existing bowl games all are older than all but two NCAA championship events. Playoffs deprive the worthiest teams of the rewards they earned on the field of play during the regular season by awarding championships based on randomly-timed fluke runs and growing (like zygotes, suburban lawns, and the federal budget) because they are designed to do nothing else. Why do so many NCAA sports have NCAA-run playoffs or championships, when the sport with the most venerable postseason tradition does not?

2. Are "equivalent" and "identical" synonyms? If not, is it possible that different sports with different histories and different rules played by different players on different playing fields reasonably might decide to determine their championships by different means, much as presidents, senators, representatives, governors, and judges are selected by different mechanisms?

3. Are "equal" and "equitable" synonyms? If not, is it possible that different teams receive different revenue streams based upon demand for their games, much as different companies generate different profits based upon demand for their products?

Star-divide

4. In 2004, the Utah Utes became the first team from a conference without an automatic bid to the Bowl Championship Series to play in a BCS bowl game. In 2010, the Utah Utes accepted an invitation to join the Pac-10. In 2011, the Pac-12 negotiated a new media rights deal from which the Utah Utes will profit handsomely. Should the Utah Utes (one of college football’s "haves") have to give some of that money to the Utah St. Aggies (one of college football’s "have nots")? If so, why, and, if not, why shouldn’t the same argument operate in favor of the older programs who, like Utah, earned their privileged position in the sport by working their way up in pecking order and establishing a brand or catching on with an established brand?

5. Would the programs and conferences on whose behalf you claim to be operating be better off under the pre-BCS set of bowl tie-ins? If not, do you realize your actions are increasing the likelihood of a return to that system?

6. If the fans’ interests are being so poorly served by the existing system, why do you suppose the fans continue to flock to college football in record-breaking numbers?

7. When you consider the rank hypocrisy of so-called small-government conservatives like Joe Barton and Orrin Hatch asking for the national government to involve itself in matters such as these, do you manage successfully to restrain yourself from laughing out loud? If so, how?

8. Define "fairness" in the context of intercollegiate athletics. Please explain your answer.

9. Why are you pestering the NCAA, which has next to nothing to do with the BCS? Is it possible you’re aggravating the NCAA because you are more interested in scoring political points with particular constituencies than in accomplishing anything?

10. Has the Department of Justice determined that all other legally cognizable injustices in the United States have been ameliorated so satisfactorily that concerns about a Division I-A college football playoff now represent a legitimate area in which to concentrate the Department’s energies and the taxpayers’ dollars? If so, have you seen a proctologist about having your head removed from your ass, and, if not, why are you bothering us?

I look forward to the Department’s reply.

Go ‘Dawgs!

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On question ten, college football is a multi-billion dollar composed of hundreds of the nation’s private and public universities, which clearly falls under Congress’s duty to regulate interstate commerce (even if it weren’t for the ridiculous extension of the interstate commerce clause during the 20th century, but I don’t want to go off on a tangent). That alone is enough for Congress and the DOJ to meddle in college football. That’s beside the actual reason the DOJ is investigating, a potential violation of anti-trust law by the NCAA. Considering the NCAA’s origin and purpose as a regulatory agency, it’s amazing that it isn’t a government agency. That ought to change.

Ann Arbor is a trollop.

by Semicorrect on May 5, 2011 8:03 PM EDT reply actions  

Stupid nonexistent edit button. I don’t know if the DOJ would accuse the BCS or the NCAA of the anti-trust violation, but one or the other would answer questions nine and six.

Ann Arbor is a trollop.

by Semicorrect on May 5, 2011 8:18 PM EDT up reply actions  

Sorry about the edit button.

Because a comment thread is a conversation, editing comments is not conducive to the flow of the exchange.

While you make a valid point that there is an argument for regulation, I believe it is a mistake to conflate a Congressional power to regulate with a Congressional duty to do so. (The idea that Congress is compelled to exercise every Constitutional power it arguably might possess sends a shiver up the spine of this Southerner, and any other American who notes that the Bill of Rights contains more than merely nine amendments.)

You are correct, though, that the argument being advanced by the Justice Department is that an antitrust violation has occurred. To put it politely, I anticipate the feds will find it difficult to pursue that argument successfully, inasmuch as it will be hard to quantify any tangible harms either to the fans who are the sport’s consumers or to the mid-majors whose opportunities for increased participation in big-money bowls demonstrably have been heightened under the BCS.

It will be funny to see the Utah attorney general—-who has been barking about the BCS for so long that we are left to wonder if he’s ever going to bite—-squirm as he continues threatening to bring an antitrust lawsuit against the college football “cartel” into which the Utes recently were admitted, resulting in the forthcoming delivery of a truckload of cash to Salt Lake City. Let’s see how long Mark Shurtleff’s political posturing over purported principles holds up when the Pac-12 starts making it rain in the Beehive State.

Go 'Dawgs!

by T Kyle King on May 5, 2011 8:31 PM EDT up reply actions  

The Utah attorney general has a bachelors degree from BYU and a JD from the U.

You have to wonder what he is trying to win for the state. You spend millions of dollars of state money for what?
1) if you lose you spent the money for nothing and money is wasted.
2) if you win and get what you want the state school loses and the private school wins.

It seems like a lose lose proposition for the state.

"From the end spring new beginnings." - Pliny the Elder

by daedalus17 on May 5, 2011 8:48 PM EDT up reply actions  

There are some problems with the BCS. I would prefer a playoff, but if not then here are some fixes to the BCS that I suggest:

1) Automatic Qualification:
Problem: There have been times when a BCS conference champion didn’t deserve to go to a BCS bowl. The Big East has shown this in the past. The most qualified teams should be the ones that go.
My Solution: selection is based purely on rankings & geography. Any team selected must be ranked in the top 15, no more than 2 teams selected per conference. Note: Moving to auto selection of mid-major conferences isn’t fair either. Spots are limited too much.

2) Unequal payment
Problem: TCU vs. Boise got paid a combined $9 million and $4.5 million for a Fiesta Bowl appearance. TV rating 8.23, attendance 73,227.
The year before Va. Tech and Cincinatti got paid $17 million each for an Orange Bowl appearance. TV rating 5.40, attendance 73,602.
Orange Bowl payout was $34 million with a much lower TV rating than the $13.5 million payout for the Fiesta.

My Solution: Pay the teams based on revenue generated from the game they play in.

"From the end spring new beginnings." - Pliny the Elder

by daedalus17 on May 5, 2011 8:31 PM EDT reply actions  

These are good questions.

How does one send letters to the DOJ? I haven’t looked, but I doubt they list an address for incoming mail. They should. We are all, in a manner of speaking, their constituents.

...just apologize for not thanking me.

by kidbourbon on May 6, 2011 1:27 PM EDT reply actions  

answer your questions with questions

1. how is it most teams lost money during this bowl year. both teams in the NC lost money. How?

2. people will flock through the worst and best of times.

3. i believe it is your head in your ass. why the outrage? it is a simple question. only ones with things to hide wont be able to answer it correctly.

4. if you do not know what fairness is by know it looks like you never will understand it.

5. 110 yr old anything does not work in a modern world.

6. if you believe the BS that a conservative is feeding you about small government i suggest you look again. you will find then to be worse.

7. Or just aggravating the NCAA because they are corrupt!

The bcs is a sham. it is all smoke and mirrors so the crooks in charge can put teams where they want. Settle it on the field not in a cubicle. It is very simple…

by 714area on May 14, 2011 5:30 PM EDT reply actions  

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