A serious question in the HBCU/CBCI talk

Don't get me wrong. I applaud the efforts of
people such as Al Whited to make the game one of equal
access and equal opportunity. He has a right to try for
such equality, as provided by the First Amendment, and
I am not about to stand in his way. I am, however,
going to ask a very serious question.

Please do
not misconstrue this question as taking a stance or
as a deviation from anything I've said before. Also,
if you just want to see the question, you might as
well skip to the end, because I'll be going on for a
while in between.

There have been many barbs
thrown out by everyone here on the issue of whether this
policy is discriminatory or just plain misunderstood. At
the risk of opening up a can of worms, I am taking
this entire statement and putting it both in the
Yahoo! club bulletin board and the qb listserv. If R
tells me to revise it, I will, but the Yahoo! BBS will
contain the "uncensored" version.

My concern
during all of this diatribing is whether we are looking
at this question objectively. I do not wish to claim
that Mr. Whited is being overboard in his accusations
against CBCI -- the dilemma must exist, else it wouldn't
be an issue. However, I wonder if residual bad
feelings may be exaggerating the problems. For instance,
if there were an analagous case for ACF, would we be
as harsh? I hope the answer is a resounding
yes.

Furthermore, any commentary we make on the law as it stands is
simply our opinion, however educated it may be. We do
not know a detailed case history on discrimination in
competition, nor have we studied the issue at large. We may
have taken classes in the pre-law curriculum, but
unless someone is on the road to entering the legal
profession, I am forced to wonder if his opinion has as much
education behind it as he would like to claim.

This
is no slam on Mr. Whited. I am not saying he is not
qualified to post an opinion on whether this is
discriminatory or not (I'm avoiding the "r" word here because
the method of discrimination is irrelevant; if it
were anti-anything, it would be unfair). However, I am
taking his opinion and everyone else's as mere opinion,
and I encourage everyone to do the same. Yes, you
should even weigh my opinion with little behind it;
perhaps less so than any of those with real-world
experience.

What we need, first and foremost, is for someone in or
through law school to comment. I know such people exist;
some of the more notorious personalities are law
students. If any of them have the background necessary to
post an expert opinion on the matter, I ask that they
do so.

Back to the disturbing question at
hand: the current discussion thread is important,
naturally, but it seems to be incomplete. There's one key
element from it missing. Without such an element, all of
us are simply flapping our gums. Even worse, people
who take the hardest of hardline stances sound
vindictive and arrogant if this particular element is
nonexistent. Therefore, its absence makes all of this null and
void.

Its presence, however, brings this to a whole new
level. If the question can be answered in the
affirmative, we have with us a powerful tool to use against
CBCI. Suddenly, they will probably be forced to face
the issue head-on in a very real way. We can get them
to alter the wording, clarify it, or eliminate it
altogether. Then, in many minds, the mission would be
accomplished.

As the original post was too long, I will continue
my thoughts in a subsequent message.

Andy

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