The courts have generally accepted the NCAA scholarship limits, so no real point in fighting them. Even if BYU wanted to add more scholarships for men's volleyball it couldn't because the NCAA limit is 4.5 compared to I believe 15 for women. It doesn't matter if your school has a football program or not, you are still held to those numbers. Another is that schools do have priorities in terms of how their scholarships are allocated. If a school has a successful women's program they may choose to use the full scholarship limit for that program at the expense of a men's program.