I agree with the poster who said we could not/would not be held to a standard for which we have already been punished. Get 5 years for armed robbery, and during your second year of incarceration find you now have 10 years to serve because the lawmakers increased the sentences for armed robbery. Don't think so.
This is what ex post facto laws were abolished during the establishment of the English Anglo jurisprudence system is all about. But will Susan Herbst sue the NCAA, and when will the new rules be adjudicated out?? Not a good solution. The legal process could be an agonizingly slow process.
I agree that the rules will be somewhat modified as the weeks go by, and improvement over last year will be meaningful for 2013. There will be some corrective measures coming.