Wilkinson says you need the NCAA to Micromanage what is and isn’t educational.
I have to admit I am getting tired and having trouble summarizing Wilkinson’s argument rather than thinking up counter arguments. So I am not doing a good job
Judge W says she wishes there was a real definition.
Judge W says she is not reading it the way she read it. Wilkinson says read it the way it was written. Wilken bristles at implication that she thus misread it.
She is reading again.
Having a Wilken and a Wilkinson is tough for transcribing
Having a Wilken and a Wilkinson is tough for transcribing
Wilkinson shows why she argues that second LRA caps incidental benefits. I think Judge W agrees with that reading.
Ok judge W explains why she’s still in disagreement with Wilkinson saying he absence of cap is only those 16 enumerated ones. Wilkinson says they are just examples.
Wilkinson says parents might get to stay at four seasons if LRA 2 is imposed. That would be paybtonplay. Judge W says OK without affect.
Wilkinson says what is a GPA bonus? It’s not an expense.
I think there is a ships passing in the night over the difference between defining whether X is education vs capping the $ amount.
I think there is a ships passing in the night over the difference between defining whether X is education vs capping the $ amount.
Wilkinson says if you believe that conferences will respect demand, you can leave the ncaa rules in place. (Note, this argument would apply to all price fixing cartels)
Wilkinson is telling Judge W that she (the judge) said she wanted to give more. Judge W is flummoxed that she does not think she said it.
Wilkinson chooses not to give any alternative. Says no benefits should be unlimited.
Wilkinson chooses not to give any alternative. Says no benefits should be unlimited.
Judge W asks how long of a delay until injunction. Wilkinson says alternative 1 would take years.
Bart W clarifying autonomy rules. He explains the rule capping GIA to COA is mandatory and P5 cannot vote to change it.
Bart W goes back to the Heckman discussion
Williams says fans may not be aware of the rules. Implying that once the learn it they will recoil. Williams then says that increased TV revenue is it relevant because only 2 were renewed since COA.
Kessler explains how networks look at ratings. Sort of.
Kessler re explains what Wilken said re SAF in O’Bannon. And he cites ninth circuit sentence on quantum leap to show that education-based compensation was considered as allowable.
Kessler point to Rascher and Noll’s evidence of pre 1957 era with no NCAA enforcement of caps.
Kessler uses the word cartel. Wrongly says Notre dame is in Big Ten. Everyone tries to correct him that it is ACC but he doesn’t hear.
Judge Wilken says she will issue a written order. Wishes us happy holidays
