Does NIL Effectively Eliminate the 85 Scholarship Cap Rule

[LSU-SIU]

So circumvent the law
Ok

I'm not sure what the **** you are speaking about. Most of the NIL laws are basically stupidity to start with. Anything not unlawful would be lawful, right? Most of the NIL agreement are already in violation of many of the State Laws passed from I can tell. I'm not sure why anyone would pay a kid for their NIL rights when most likely 99% have no value, the only value they have is signing and playing... this can be done thru a normal contract.

Even if a school or player were in violation of the stupid NIL stuff, most of these states have no enforcement or regulatory entity in charge for investigations. Without enforcement i.e. force, you have no law.

 

[LSU-SIU]

This gets conveniently ignored every time the talking heads in the media or elsewhere attack the sport or the schools. Nothing is compelled, no one has to agree to anything. The colleges say "here's how we engage in athletic competition, and within that framework, here's what we offer" and anyone is free to say yes or no, and that is the truth. But the reality is that the argument against college athletics is as much an emotional and moral appeal as it is anything else.

And that is fine until they hold a market monopoly at least at the Federal level ie Sherman Act. Of course, the schools have their own responsibilities under State Law. And the NCAA is subject to State anti-trust and corruption laws.

JUSTICE KAVANAUGH, concurring

The NCAA nonetheless asserts that its compensation rules are procompetitive because those rules help define the product of college sports. Specifically, the NCAA says that colleges may decline to pay student athletes because the defining feature of college sports, according to the NCAA, is that the student athletes are not paid.

In my view, that argument is circular and unpersuasive. The NCAA couches its arguments for not paying student athletes in innocuous labels. But the labels cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America. All of the restaurants in a region cannot come together to cut cooks’ wages on the theory that “customers prefer” to eat food from low-paid cooks. Law firms cannot conspire to cabin lawyers’ salaries in the name of providing legal services out of a “love of the law.” Hospitals cannot agree to cap nurses’ income in order to create a “purer” form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a “tradition” of public-minded journalism. Movie studios cannot collude to slash benefits to camera crews to kindle a “spirit of amateurism” in Hollywood.

Price-fixing labor is price-fixing labor. And price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work. See, e.g., Texaco Inc. v. Dagher, 547 U. S. 1, 5 (2006). Businesses like the NCAA cannot avoid the consequences of price-fixing labor by incorporating price-fixed labor into the definition of the product. Or to put it in more doctrinal terms, a monopsony cannot launder its price-fixing of labor by calling it product definition.

The bottom line is that the NCAA and its member colleges are suppressing the pay of student athletes who collectively generate billions of dollars in revenues for colleges every year. Those enormous sums of money flow to seemingly everyone except the student athletes. College presidents, athletic directors, coaches, conference commissioners, and NCAA executives take in six- and seven-figure salaries. Colleges build lavish new facilities. But the student athletes who generate the revenues, many of whom are African American and from lower-income backgrounds, end up with little or nothing. See Brief for African American Antitrust Lawyers as Amici Curiae 13–17.

They ran out of road to kick the can.

The good news for them, is the business model hasn't collapsed YET, and they haven't been indicted, YET.

 

[i2amavol]

I am betting that the 85 player rule stays but, the thing that is troubling is that well funded colleges will work the NIL to basically buy the best athletes. I didn't read anything about an NIL salary cap. Has anyone else? The rich get richer and the poor just stay poor. This is one of many reasons I am turning to other sports and away from all these money deals. Where the money flows, evil follows as in rigged officiating, broadcasting, playing favorites, etc. Hope I am wrong but, this train has left the station and ten years from now College athletics will be even more "all about the money" and very little about getting an education and being a contributing citizen.

I hope you are wrong, but if you are right, it appears there is no way to put the cat back in the bag.

 

[LWSVOL]

I'm not sure what the **** you are speaking about. Most of the NIL laws are basically stupidity to start with. Anything not unlawful would be lawful, right? Most of the NIL agreement are already in violation of many of the State Laws passed from I can tell. I'm not sure why anyone would pay a kid for their NIL rights when most likely 99% have no value, the only value they have is signing and playing... this can be done thru a normal contract.

Even if a school or player were in violation of the stupid NIL stuff, most of these states have no enforcement or regulatory entity in charge for investigations. Without enforcement i.e. force, you have no law.

I'm just trying to understand your position and what you think should be done.

On Jan 1, it is against the law for student athletes to enter into agreements with third parties without completing documentation and turning into the school. That us the Tennessee law. Doesnt matter how they enforce it, its law.

From reading what you say, it appears to me your position is if you disagree with a law, ignore it and do as you wish. I'm just reading your statements and trying to interpret what you mean.

 

[LSU-SIU]

I'm just trying to understand your position and what you think should be done.

On Jan 1, it is against the law for student athletes to enter into agreements with third parties without completing documentation and turning into the school. That us the Tennessee law. Doesnt matter how they enforce it, its law.

From reading what you say, it appears to me your position is if you disagree with a law, ignore it and do as you wish. I'm just reading your statements and trying to interpret what you mean.

1. Not sure anything needs to be done. Why does anything need to be done?
2. I see nothing in the law prohibiting a player from playing at school for money, the law deals with NIL rights.... nor is there anything in there about them receiving a McDonald's bag of cash every month. (although it maybe unconstitutional, I would say its moot)
3. There is no regulatory TN agency with investigation or oversight, let alone enforcement. Again, the NIL law only deals with NIL... not someone just handing someone bag full of cash or a contract to perform.

As long as the NCAA continue to play along like good boys and girls, nothing really needs to be done.

On Jan 1, it is against the law for student athletes to enter into agreements with third parties without completing documentation and turning into the school.

What happens if they don't even if it pertains to NIL? Basically, the school probably has the ability to dump the scholarship player, but there really is no recourse... and why would a school do that? LOL

Even if the school drops the player, he can than just transfer to another school. Not sure why the schools would be doing any of this.

There is no incentive for school X to care if player is getting funds, matter of fact, the law really restricts the school from closing the door. The player can tell the school to **** off any time they want absent a service contract.

Now, maybe you can explain to me why a school in Tennessee would care if someone is paying the player? They really don't. Who care? Nobody. Who has real enforcement powers? Nobody really.

 

[Arrested Devolopment]

He was Valid Victorian of his graduating class.

Lol, he sounds like a Very Impotent Person.

 

[LWSVOL]

1. Not sure anything needs to be done. Why does anything need to be done?
2. I see nothing in the law prohibiting a player from playing at school for money, the law deals with NIL rights.... nor is there anything in there about them receiving a McDonald's bag of cash every month. (although it maybe unconstitutional, I would say its moot)
3. There is no regulatory TN agency with investigation or oversight, let alone enforcement. Again, the NIL law only deals with NIL... not someone just handing someone bag full of cash or a contract to perform.

As long as the NCAA continue to play along like good boys and girls, nothing really needs to be done.



What happens if they don't even if it pertains to NIL? Basically, the school probably has the ability to dump the scholarship player, but there really is no recourse... and why would a school do that? LOL

Even if the school drops the player, he can than just transfer to another school. Not sure why the schools would be doing any of this.

There is no incentive for school X to care if player is getting funds, matter of fact, the law really restricts the school from closing the door. The player can tell the school to **** off any time they want absent a service contract.

Now, maybe you can explain to me why a school in Tennessee would care if someone is paying the player? They really don't. Who care? Nobody. Who has real enforcement powers? Nobody really.

ok. I understand your view. You don't feel people should obey laws that are passed. that is all I've been trying to understand. what you think should be done in these situations and it appears, whatever anyone wants to do.. legal or not.

 

[Arrested Devolopment]

in the pre-Madonna days, all pocket presents were considered french benefits. If you had a posable thumb, you could cut off your nose despite your face. In lame man's terms, it's a doggy-dog world.

For all intensive purposes, anyway.

You can't take this stuff for granite, amirite? Your antidote should be written on the Sixteenth Chapel in bald face type. Seriously, I was lolling so hard it made me brake out into chickenpops, lol! .

 

[LSU-SIU]

ok. I understand your view. You don't feel people should obey laws that are passed. that is all I've been trying to understand. what you think should be done in these situations and it appears, whatever anyone wants to do.. legal or not.

The law is restrictions against schools stopping payments for NIL right to players, it doesn't stop students from receiving money from any source they choose. The law does not really provide anything of what you are saying at all or what you imply. The NIL laws are slap stick of nonsense to stop the NCAA, but this really wasn't needed after the Supreme Court decision in June.

You're understanding of law is about a 1 on a 10 scale.

that is all I've been trying to understand

I don't believe that at all. I believe you are butt hurt about all this payment stuff, and you are lashing out like a baby.

whatever anyone wants to do

Generally speaking, yes, its called freedom. Unless one is precluded from doing something, you are free to do it.

The NIL laws don't really serve any purpose since the Supreme Court decision. <------ The gig is up completely at this point.

Generally, the NIL laws I've seen all they do is this

1. provide protection to players to receive NIL rights money, in some cases they have to follow process for the protection
2. some of the statutes preclude the schools/boosters from being part of the NIL money
3. there are no real enforcement because the protection is gone from the player unless they follow the law.... the school in theory could dismiss the player without recourse

There just isn't any incentive for the school to care, and if the school does care.... they can dismiss the player, he/she than just transfers to a new school. The law doesn't say the school needs to dismiss the player or anything.

The only thing the law is really is protection to the player if certain conditions are met, there is no obligation on the part of the player... they would just lose the protection which is meaningless anyway.

 

[LWSVOL]

The law is restrictions against schools stopping payments for NIL right to players, it doesn't stop students from receiving money from any source they choose. The law does not really provide anything of what you are saying at all or what you imply. The NIL laws are slap stick of nonsense to stop the NCAA, but this really wasn't needed after the Supreme Court decision in June.

You're understanding of law is about a 1 on a 10 scale.



I don't believe that at all. I believe you are butt hurt about all this payment stuff, and you are lashing out like a baby.



Generally speaking, yes, its called freedom. Unless one is precluded from doing something, you are free to do it.

The NIL laws don't really serve any purpose since the Supreme Court decision. <------ The gig is up completely at this point.

Generally, the NIL laws I've seen all they do is this

1. provide protection to players to receive NIL rights money, in some cases they have to follow process for the protection
2. some of the statutes preclude the schools/boosters from being part of the NIL money
3. there are no real enforcement because the protection is gone from the player unless they follow the law.... the school in theory could dismiss the player without recourse

There just isn't any incentive for the school to care, and if the school does care.... they can dismiss the player, he/she than just transfers to a new school. The law doesn't say the school needs to dismiss the player or anything.

The only thing the law is really is protection to the player if certain conditions are met, there is no obligation on the part of the player... they would just lose the protection which is meaningless anyway.

Well I'm finished with this conversation. Because it is certainly not getting anywhere.

Find one place where I've claimed any sort of legal knowledge? I have none and you seem to spout like you have plenty. The whole purpose of me trying to engage with you is to understand where you are coming from based on your legal knowledge. Its still a struggle for me to understand outside of you supporting breaking laws. at least how I interpret.

I could care less about payments. Had season tickets for 45 years (14 of them) until my body got to the point it was too difficult to go to games. Gave way over 6 figures to Tennessee in support of the programs. Seen plenty of players get benefits over the years... plenty.. So no, it doesn't bother me in the least.

Since the Supreme Court rendered their decision, many states have implemented their own laws around NIL. Not sure why they are doing that since you state categorically, they don't serve any purpose, they cannot be enforced and they are meaningless. Guess that is just stupid governments doing more stupid things.

Don't believe I learned much from you but I will leave it at that. Have a good day sir.

 

[LSU-SIU]

I have none and you seem to spout like you have plenty.

Yeah, you resorted to drive by posting **** like, "You don't feel people should obey laws that are passed".

Since the Supreme Court rendered their decision, many states have implemented their own laws around NIL. Not sure why they are doing that since you state categorically, they don't serve any purpose, they cannot be enforced and they are meaningless. Guess that is just stupid governments doing more stupid things.

They are meaningless, it served it purpose but its of no real material use going on now as anyone impacted can easily file suit and seek an injunction. I believe the lead attorney for the Alton case said they were going to amend to bring in the whole enchilada.

Don't believe I learned much from you but I will leave it at that. Have a good day sir.

Because you are like most people, stuck on quick news... so all you see is mentioned is NIL. But if you actually read legal discussions on the issue, you will see most of talking about the end the NCAA business model... not because of NIL legislation but anti-trust action.

Q&A: Prominent Attorney on NCAA's SCOTUS Shutout, NIL

Jeffrey Kessler: I think the NCAA is at a crossroads. If it’s going to be changed, it has to be driven by the members, and the [college and university] presidents because we’ve never seen any propensity or willingness to consider real change out of Indianapolis. … They could go one of two directions. They could realize that it’s time for them to accept the fact that the antitrust laws apply to them fully like any other business, and they need to restructure their model to comply with those laws. Or they can continue to thumb their noses and violate the laws and get sued again, and pay large damage results and do nothing to benefit either the student athletes, their schools or, frankly, college sports. And we’ll have to see which direction they choose to go with.

McDonald bags are fine.