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Law Practice

Aug. 1, 2012

NCAA missed the mark with Penn State sanctions

It is the collateral damage, in this instance, which is inexcusable.

Robert L. Bastian Jr.

Partner, Bastian & Dini

Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211

Phone: (310) 789-1955

Fax: (310) 822-1989

Email: robbastian@aol.com

Whittier Law School

The NCAA made a categorical mistake in its punishment of Penn State. When a rule making and enforcing body addresses individuals within its jurisdiction, penalties are typically crafted to restore fairness and deter further misconduct. Justice is for the victims, punishment for the victimizers, and the example of punishment for would-be victimizers.

When doling remedies against an institution, by contrast, the test of the remediation is how it leads to reform. Unless an instituti...

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