The NCAA still wants you to believe its rules carry the force of law

This is a topic that probably deserves further extrapolation, but for now, just take a moment to remember that a violation of NCAA rules, to which most of us are not subject, is not the same thing as violating the law. This was the lesson of the Nevin Shapiro foul-up. That doesn’t mean that the NCAA doesn’t want you to think they can’t act with the force of law, though. [Note that lawyers receive bonus law points for triple negatives. – Ed.] The latest example came this afternoon:

That’s the NCAA’s official news account, and the tweet contains a link to the NCAA’s Sports Wagering Brochure, which is not a legal advice document from a lawyer or the government. Its text says that a variety of gambling-related acts may constitute violations of NCAA rules. That’s fine. So is eating too much pasta.

The brochure’s images and layout attempt to tell a different story, though:

ncaawageringshaving

Point shaving is a federal crime, and sports gambling, like just about everything else, is a regulated activity. To say that the NCAA’s brochure clearly parses people’s obligations under the law, as compared with their obligations under the NCAA’s rules is as much of an understatement as Mercer is an underdog to win the NCAA tournament. Take a look at the full brochure layout and see if you agree.

Do you think the NCAA cares that it might have caused confusion about the extent of its enforcement authority vis-a-vis state and federal law? Don’t bet on it.

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