The only thing I see in UI's appeal that doesn't apply to UND is the lack of a namesake tribe. Other than that, practically every point UI makes in its appeal could also be used by UND.
The point I was trying make with my Navin Johnson reference is that with every new appeal the NCAA grants, it has to give a reason for granting it. And every time the NCAA does that, it finds reasons to give exemptions that just happen NOT to apply to UND.
Illinois' exemption (and I have little doubt UI will get it) will have to be different from other previously granted exemptions.
At some point, it will become obvious that the NCAA is finding reasons to exempt almost everyone except UND, a university that can also make a very strong case that it's not hostile or abusive.
A judge or jury might want to ask the NCAA how it is that it can exempt so many universities for different reasons, but narrow its focus so finely that UND remains ensared by a policy that almost everyone else escapes?