Recruiting Forum Football Talk IV

[TheRain]

So sorry Dawgs.

 

[0nelilreb]

The NCAA placing a restriction on NIL is not unconstitutional, because nothing the NCAA does is "unconstitutional." The NCAA is not a state actor - a fact that was confirmed in NCAA vs Tarkanian 488 U.S. 179. What you mean to say is that you believe NCAA recruiting rules would violate antitrust law.

As it stands today, a cap on NIL benefits would NOT violate those laws. The media has done a terrible job explaining what happened in NCAA v. Alston. That case had a narrow ruling that held it was an antitrust violation for the NCAA to cap non-cash educational benefits above and beyond the "cost of attendance." Only that, nothing else. No other NCAA rule was subject to that holding. Everyone in the media likes to point to one single phrase in the Kavanaugh concurrence that was mere dictum to claim that Alston had a much broader holding than it did.

The NCAA has thrown its hands up on the issue of NIL so far, but if they wanted, they could certainly enact those restrictions tomorrow. Would they be challenged in court? Sure. But it would undergo the same rule of reason analysis as every other NCAA restriction facing an antitrust claim. Would it win? Not sure - one could wonder why the Supreme Court issued a narrow ruling when they could have broadly struck down all recruiting/payment rules. For all we know, Kavanaugh is the only Justice who thinks that way.

The NCAA can’t do anything the schools don’t allow them to do . The universities volunteer to give them the right to govern , at anytime those same school could just say .. nah we aren’t doing it your way .

 

[CAVPUT]

So. The #1 seed in the nation is the Visiting team in it's own ball park for the second night in a row AND not on SEC or ESPNU. Sorry if we don't fit the narrative.

Absolutely ridiculous. Looks like everyone outside our program is going to do any and everything they can to get us out of this tournament.

 

[drvenner]

While I think most teams would have used their pitchers up…..I anticipate they will come back with their 1 tonight and their number two tomorrow (if they make it there).

I don't think so because that would only be one day rest. You see it with two days sometimes, but I think only one day does not happen.

 

[tnvols72]

Unreal the #1 team in the country and the over all #1 team in the tourney is not playing on TV

 

[hooperj75]

So. The #1 seed in the nation is the Visiting team in it's own ball park for the second night in a row AND not on SEC or ESPNU. Sorry if we don't fit the narrative.

As much as I hate ESPN I went ahead and upgraded to ESPN+. Already had Disney plus so wasn’t too bad. Still a shame that we are not on basic cable automatically.

 

[drvenner]

He has even said it himself, sometimes he leaves his pitchers in for too long. Lol, but be my guest in giving absolutely zero insight into why you would of kept Dollander in instead of pulling him an inning sooner.

Just so happened we got the bats going last night, but if we wouldn’t of that extra inning Dollander threw could of been the reason we lost.

That's the toughest thing for a manager to do. I think he makes the right choice more often than not. Also, hindsight is always 20/20.

 

[SmokinBob]

Infield is turf. Mound is clay.

So base paths are clay also?

 

[EdEcEko77]

 

[Devo182]

Asia is so futuristic. Been watching a lot of Drew Binsky lately (world YT traveler)...the trains, subways, cleanliness, robotic services, automated restaurants, use of QR codes, etc. are next level in so many countries. That is just a nuts bit of choreography using drones. Wow.

 

[Devo182]

Close by Weah!!

U.S. is getting some nice opportunities.

 

[Devo182]

imagine seeing that if one were to accidentally eat psilocybin.

Would be more dynamic and colorful, more motion. Trailing lights. That's about it.

LSD would be far more nuts. Psilocybin isn't quite as nuts as media and movies make it out be jmo. It's like how absolutely goofy shows and movies make 2.5 marijuanas out to be. It isn't "wild and colorful"...IT'S DEADLY!!

 

[VolGee4]

ESPN app shows ESPN U/ESPN+. So ESPN providers can watch…not totally sure.

 

[Devo182]

The NCAA can’t do anything the schools don’t allow them to do . The universities volunteer to give them the right to govern , at anytime those same school could just say .. nah we aren’t doing it your way .

Yes and no. There is no "your way" though...as your previous sentences stated. "Your way" IS their (the universities') way.

The schools, their ADs, faculty, etc., ARE the ones voting on NCAA bylaws.

The NCAA staff don't make any rules on their own. They are merely the head entity for their membership (the universities). Their board is made up of school presidents, chancellors, ADs, faculty, etc. As is their CLR, Committee of Legislative Relief (handling waivers) and COI (Committee on Infractions)...the ones that hand down punishments for rules infractions.

The NCAA (that makes bylaws) is really nothing but university employees and associates. Official NCAA employees are mere cogs in that machine. They don't set any rules. Thus why the NCAA is an association.

 

[Devo182]

The NCAA placing a restriction on NIL is not unconstitutional, because nothing the NCAA does is "unconstitutional." The NCAA is not a state actor - a fact that was confirmed in NCAA vs Tarkanian 488 U.S. 179. What you mean to say is that you believe NCAA recruiting rules would violate antitrust law.

As it stands today, a cap on NIL benefits would NOT violate those laws. The media has done a terrible job explaining what happened in NCAA v. Alston. That case had a narrow ruling that held it was an antitrust violation for the NCAA to cap non-cash educational benefits above and beyond the "cost of attendance." Only that, nothing else. No other NCAA rule was subject to that holding. Everyone in the media likes to point to one single phrase in the Kavanaugh concurrence that was mere dictum to claim that Alston had a much broader holding than it did.

The NCAA has thrown its hands up on the issue of NIL so far, but if they wanted, they could certainly enact those restrictions tomorrow. Would they be challenged in court? Sure. But it would undergo the same rule of reason analysis as every other NCAA restriction facing an antitrust claim. Would it win? Not sure - one could wonder why the Supreme Court issued a narrow ruling when they could have broadly struck down all recruiting/payment rules. For all we know, Kavanaugh is the only Justice who thinks that way.

Mostly agree as it pertains to the "non-cash benefits" ruling.

But the opinions were so clearly towards the NCAA and NIL. They absolutely railed against the past NIL restrictions.

They made it pretty clear they wouldn't stand for future NIL restrictions.

But get what you're clarifying.

 

[drvenner]

I spent a few hours at Seven Islands Birding Park today. Pretty cool place.

 

[SoilVol]

So base paths are clay also?

No, the basepath is turf. I believe they changed this around 2018. As I remember it (I was working for UTK Facilities & Services at the time) the field manager at the time refused to maintain the clay pile properly (covering it for example) and allowed it to continuously erode into a storm drain and into the river. Which resulted in some fines and threats of fines from TDEC against the University.

It also eventually completely clogged a storm drain coming off the stadium and stormwater was backing up. They had to replace the line and were concerned about sinkholes if it ruptured. It was kind of a mess so they said screw it and put in turf.

 

[tnhunter 10]

Ga Tech only went through 2 pitchers during the game vs Campbell. Like already mentioned, their pitching staff is not very good. Let's end this tonight.

 

[Devo182]

I spent a few hours at Seven Islands Birding Park today. Pretty cool place.

Congrats, you're officially an old fart. Now you just need to get into pickleball and Werther's Originals.

 

[Ten_Titans]

We really keeping the regional finals off of TV so they can play the replay of somebody's Spring game for the 87th game. This is really what we are doing.

 

[Orangeburst]

We really keeping the regional finals off of TV so they can play the replay of somebody's Spring game for the 87th game. This is really what we are doing.

No kidding. After BB is over that is all one will see until Sept.

 

[SoilVol]

So Georgia Southern eliminated. #2 Stanford trailing in elimination.

 

[MKEvol]

My bad I get the Bill of Rights mixed in with the constitution from time to time, but how would that not be considered a violation of antitrust laws? Lol im going to love this response btw

The NCAA can’t cap a separate business. It’s like saying the NFL can cap how much the players make for doing commercials. It’s a totally separate entity.
If the schools were the ones paying the NIL then sure they could place a cap on it. But if I want to hire a player to do promos for my business you can’t tell me how much I can pay him. That’s where the violations would occur.

Jason is correct. The NCAA has zero authority to tell a business how much it can pay an athlete for NIL - a private transaction between two parties. The NCAA does however have control over the S-As who want to play intercollegiate athletics at NCAA member institutions. The NCAA can still completely and totally disallow NIL for student-athletes wishing to compete for member institutions. That is still not against the law - which was my original point in that Alston does not say what a lot of people think it says. The NCAA subsequently threw its hands up in regards to allowing NIL, so it is currently a free-for-all, but it still has the legitimate legal authority to implement rules as it sees fit until a SCOTUS ruling dictates that they cannot. That has not happened yet.

What could the NCAA do to cap NIL for student athletes? They could use a two-prong mandatory reporting requirement (failure to report = suspension) combined with a cap on S-A earnings at say 1mil/year (a player who accepts more than 1mil in NIL funds would be ineligible to compete). Another option would be for the NCAA to restrict the timing on NIL for S-As. Perhaps a rule that states "Player may not receive anything of value in exchange for NIL rights until completion of first semester and while in good academic standing." The possibilities are endless. But for each rule the NCAA passes (without further Congressional action), they would be subject to antitrust litigation.

So what is antitrust law and how does it work in re: the NCAA?
Antitrust law exists to make sure that businesses stay fairly competitive with each other and do not harm consumers by predatory practices. But the NCAA (among other certain industries) is unique. One of the holdings in NCAA v Board of Regents is that the NCAA is unique when dealing with antitrust issues. The NCAA product market is competition, and for that product to exist at all, the court has to allow certain practices that would never be allowed in other industries (mainly as it relates to agreement between competitors). In antitrust parlance, that means the difference between "per se" and "rule of reason" analysis. In rule of reason analysis, the court looks at both the pro-competitive and anti-competitive justifications for any given rule to see what the effect is on the market. The court asks for legitimate business factors for why the rule exists and ultimately will ask one simple question: Is this the least restrictive way to achieve a legitimate business goal.

As I said previously, the NCAA has successfully defended certain rules under 1) health and safety considerations, and 2) amateurism. In the example above, the NCAA may posit that the legitimate business interest for having a time restriction on NIL is so that schools (or collectives acting on behalf of schools) don't just buy players while still allowing those S-As to benefit from their NIL. Schools would still stay fairly competitive, players would still ultimately benefit and it just may well be the least restrictive way to accomplish that goal for the NCAA. A court could legitimately view a time restriction as pro-competitive because schools/proxies can't buy players, and S-As still have their NIL rights. We just don't know yet. Kavanaugh hinted that he would rule against any rule, but the other 8 Justices have remained silent, save for a narrow ruling in Alston (when they could've gone broader) which disallowed a cap on educational benefits above the cost-of attendance.

 

[CAVPUT]

Ga Tech only went through 2 pitchers during the game vs Campbell. Like already mentioned, their pitching staff is not very good. Let's end this tonight.

Yep. I do not want to have a winner take all game tomorrow. Gotta get this one.

 

[Nash_Vol97]

Congrats, you're officially an old fart. Now you just need to get into pickleball and Werther's Originals.

View attachment 461437

You forgot shuffleboard as well.